VIA ELECTRONIC MAIL

September 1, 2021

Ms. Delores Rodgers-Smith
Section Chief, RCRA Programs and
Materials Management Section
US EPA, Region 4
61 Forsyth Street
Atlanta, Georgia 30303-3104

Re: Florida's Program Revision Application for RCRA Cluster XXVIII

Dear Ms. Rodgers-Smith:

Enclosed is Florida's Program Revision Application for RCRA Cluster XXVIII. I hereby certify, pursuant to my authority as General Counsel of the Florida Department of Environmental Protection (FDEP) and in accordance with Section 3006(b) of the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA) [42 United States Code (USC) 6901 et seq.], and 40 Code of Federal Regulations (CFR) Part 271, that the laws of the State of Florida provide adequate authority to carry out the hazardous waste program set forth in the Program Description submitted by FDEP on June 25, 1984 and the Program Description Addenda submitted on March 4, 1987; June 20, 1988; July 31, 1990; May 27, 1991; July 25, 1991; November 30, 1991; July 17, 1992; December 22, 1993; September 28, 1993; February 24, 1994; February 14,  1996; June 21, 1996; September 1, 1998; July 14, 2000; February 14, 2001; February 7, 2002; August 12, 2003; September 14, 2006; August 23, 2007; August 28, 2008; August 10, 2009; July 1, 2010; December 9, 2011; August 30, 2012; August 31, 2013; August 22, 2014; August 17, 2015; August 25, 2016; and August 31, 2018, September 16, 2019, and September 1, 2021, to meet the requirements of 40 CFR Part 271, Subpart A.

The specific authorities provided are contained in statutes and regulations lawfully adopted at the time this Statement is signed and which are in effect now. The statutory authorities for the State of Florida are documented in the state's RCRA Statutory Checklist, dated December 30, 2005, which is attached to this statement in Appendix A. The statutes relied on in previously-approved applications for authorization have not been amended, modified or revised by statute or judicial decision in a way that diminishes or interferes with FDEP authority to carry out the previously authorized hazardous waste program to meet the requirements of 40 CFR Part 271, Subpart A.

The State of Florida incorporates by reference (IBR) federal hazardous waste regulations in order to maintain the required equivalence and consistency. The provisions for which the State of Florida is seeking authorization (Cluster XXVIII) are documented in the attached "IBR Regulatory Documentation for Federal Provisions for Which Florida is Seeking Authorization" in Appendix B, which addresses Checklist 242, Universal Waste Regulations: Addition of Aerosol Cans. Differences between the State of Florida's provisions and the Federal provisions, if any, are noted on the IBR Regulatory Documentation. A copy of the certified changes to Rules 62-730.020, 62-730.030, 62-730.180, 62-730.183, 62-730.185, and 62-730.220, Florida Administrative Code, is provided in Appendix C. The official State of Florida regulations referred to in this application may be found in Chapter 62-730, Florida Administrative Code, effective October 30, 2020, provided in Appendix D.

This certification supplements my predecessors' certifications of June 21, 1984; March 12, 1987; June 16, 1988; June 13, 1990; May 20, 1991; May 24, 1991; May 28, 1991;
October 9, 1991; July 14, 1992; September 24, 1993; February 27, 1994; August 2, 1994; January 25, 1996; May 20, 1996; May 21, 1996; August 27, 1998; July 11, 2000;
February 23, 2001; December 14, 2001; September 8, 2006; August 22, 2007; August 27, 2008; August 7, 2009; June 24, 2010; December 2, 2011; August 29, 2012; August 31, 2013, August 22, 2014; August 17, 2015; August 25, 2016, August 31, 2018, and September 16, 2019.

I further certify that the General Counsel of the FDEP does not have a Seal of Office to affix to this document.

If you have any questions regarding this certification, please contact Chad Stevens, Chief Deputy General Counsel at (850) 245-2259

Sincerely,




Justin G. Wolfe
General Counsel



CC: 	Michell M. Smith, FDEP, Division of Waste Management, Hazardous Waste Program and Permitting, Environmental Manager

	Jeff Gregg, FDEP, Division of Waste Management, Hazardous Waste Compliance, Environmental Manager
