Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 379170 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/21/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Environmental Preservation and Conservation (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 403.7047, Florida Statutes, is created 6 to read: 7 403.7047 Regulation of fossil fuel combustion products.— 8 (1) As used in this section, the term: 9 (a) “Beneficial use” means the use of fossil fuel 10 combustion products as building products, substitutes for raw 11 materials, necessary ingredients, or additives in products, 12 according to accepted industry practices, including the 13 following: 14 1. Asphalt, concrete or cement products, flowable fill, and 15 roller-compacted concrete. 16 2. Structural fill or pavement aggregate that meets the 17 following requirements: 18 a. The fossil fuel combustion product is not in contact 19 with groundwater, surface water bodies, or wetlands and is not 20 placed within 100 feet of a potable well that is being used or 21 might be used for human or livestock water consumption; and 22 b. The placement of the fossil fuel combustion product does 23 not extend beyond the outside edge of the structure or pavement. 24 Placement of the structure or pavement must be completed as soon 25 as practicable after placement of the fossil fuel combustion 26 product. 27 3. Use of flue-gas emission control materials which meet 28 the definition of gypsum and are used in accordance with 29 applicable Florida Department of Agriculture and Consumer 30 Services rules. 31 4. Waste stabilization, or initial or intermediate cover 32 material used for lined Class I or III landfills, provided that 33 the material meets applicable department rules for landfill 34 cover or a landfill’s permit conditions for cover. 35 5. Any other use that meets the criteria of 36 s.403.7045(1)(f) or that is approved by the department prior to 37 use as having an equivalent or reduced potential for 38 environmental impacts, when used in equivalent quantities, 39 compared to the substituted raw products or materials. 40 (b) “Fossil fuel combustion products” means fly ash, bottom 41 ash, boiler slag, flue-gas emission control materials, and other 42 non-hazardous materials, such as gasifier slag, fluidized-bed 43 combustion system products, and similar combustion materials 44 produced from the operation of a fossil fuel-fired electric or 45 steam generation facility, from a clean coal or other innovative 46 technology process at a fossil fuel-fired electric or steam 47 generation facility, or from any combination thereof. 48 (c) “Fossil fuel-fired electric or steam generation 49 facility” means any electric or steam generation facility that 50 is fueled with coal, alone or in combination with petroleum 51 coke, oil, coal gas, natural gas, other fossil fuels, or 52 alternative fuels. 53 (d) “Pavement aggregate” means fossil fuel combustion 54 products used as sub-base material under a paved road, sidewalk, 55 walkway, or parking lot as a substitute for conventional 56 aggregate, raw material, or soil. 57 (e) “Structural fill” means the use of a fossil fuel 58 combustion product as a substitute for a conventional aggregate, 59 raw material, or soil under an industrial or commercial building 60 or structure. Structural fill does not include uses of fossil 61 fuel combustion products that involve general filling or grading 62 operations or valley fills. 63 (2) The storage of fossil fuel combustion products destined 64 for beneficial use must comply with applicable department rules 65 and be conducted in a manner that does not pose a significant 66 risk to public health or violate applicable air or water quality 67 standards. 68 (3) Fossil fuel combustion products beneficially used in 69 accordance with this section are not subject to regulation as a 70 solid or hazardous waste, but the department may take 71 appropriate action if the beneficial use is demonstrated to be 72 causing violations of applicable air or water quality standards 73 or criteria in department rules, or if such beneficial use poses 74 a significant risk to public health. This section does not 75 limit any other requirements applicable to the beneficial use of 76 fossil fuel combustion products established under this chapter 77 or chapter 376 or under local or federal laws, including 78 requirements governing air pollution control permits, national 79 pollutant discharge elimination system permits, and water 80 quality certifications pursuant to s. 401 of the Clean Water 81 Act. 82 (4) Nothing in this section shall be construed to limit the 83 department’s authority to approve the beneficial use of 84 materials other than fossil fuel combustion products as defined 85 in this section pursuant to other provisions of this part. This 86 section may not be construed to limit or otherwise modify any 87 fossil fuel combustion product beneficial use previously 88 approved by the department, use in the onsite construction of 89 surface impoundments, roads, or similar works at fossil fuel 90 fired electric or steam generation facilities, or the recovery 91 of these products for beneficial use from fossil fuel combustion 92 product landfills, impoundments, or storage areas. 93 Section 2. Section 403.7222, Florida Statutes, is amended 94 to read: 95 403.7222 Prohibition of hazardous waste landfills.— 96 (1) As used in this section, the term “hazardous waste 97 landfill” means a disposal facility or part of a facility at 98 which hazardous waste that has not undergone treatment is placed 99 in or on land, including an injection well, which is not a land 100 treatment facility. However, hazardous waste may not be disposed 101 of through an injection well or other subsurface method of 102 disposal, which is defined as a Class IV well in 40 C.F.R. s. 103 144.6(d), except those Class I wells permitted for hazardous 104 waste disposal as of January 1, 1992. The department shall 105 annually review the operations of any such Class I well 106 permitted as of January 1, 1992, and prepare a report analyzing 107 any impact on groundwater systems.
Nothing inThis section may 108 not shallbe construed to refer to the products of membrane 109 technology, including reverse osmosis, for the production of 110 potable water where disposal is through a Class I well as 111 defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or 112 corrective action activities conducted in accordance with 40 113 C.F.R. s. 144.13. 114 (2) The Legislature declares that, due to the permeability 115 of the soil and high water table in Florida, future hazardous 116 waste landfills are prohibited. Therefore, the department may 117 not issue a permit pursuant to s. 403.722 for a newly 118 constructed hazardous waste landfill. However, if by executive 119 order the Governor declares a hazardous waste management 120 emergency, the department may issue a permit for a temporary 121 hazardous waste landfill. Any such landfill shall be used only 122 until such time as an appropriate alternative method of disposal 123 can be derived and implemented. Such a permit may not be issued 124 for a period exceeding 6 months without a further declaration of 125 the Governor. A Class IV injection well, as defined in 40 C.F.R. 126 s. 144.6(d), may not be permitted for construction or operation 127 under this section. 128 (3) This section does not prohibit the department from 129 banning the disposal of hazardous waste in other types of waste 130 management units in a manner consistent with federal 131 requirements, except as provided under s. 403.804(2). 132 (4) This section does not apply to a disposal facility or 133 part of a facility that accepts fly ash, bottom ash, boiler 134 slag, or flue-gas emission control materials from the operation 135 of a fossil fuel-fired electric or steam generation facility, 136 from a clean coal or other innovative technology process at a 137 fossil fuel-fired electric or steam generation facility, or from 138 any combination thereof. 139 Section 3. This act shall take effect July 1, 2013. 140 141 ================= T I T L E A M E N D M E N T ================ 142 And the title is amended as follows: 143 Delete everything before the enacting clause 144 and insert: 145 A bill to be entitled 146 An act relating to fossil fuel combustion products; 147 creating s. 403.7047, F.S.; providing definitions; providing 148 standards for storage of certain fossil fuel combustion 149 products; providing an exemption for beneficial use of fossil 150 fuel combustion products from certain rules; providing that the 151 act does not prohibit the Department of Environmental Protection 152 from taking appropriate action to regulate a beneficial use in 153 certain circumstances; providing that the act does not limit 154 other requirements applicable to the beneficial use of fossil 155 fuel combustion products; providing that the act does not limit 156 the recovery of beneficial use products or the authority of the 157 department to approve the beneficial use of materials other than 158 fossil fuel combustion products; clarifying that the act does 159 not limit or modify any fossil fuel combustion product 160 beneficial use previously approved by the department; amending 161 s. 403.7222, F.S.; excluding certain types of facilities from 162 provisions on hazardous waste landfills; providing an effective 163 date. 164 165 WHEREAS, fossil fuel combustion products are currently used 166 in a variety of beneficial applications, and 167 WHEREAS, beneficial use of fossil fuel combustion products 168 allows certain industries and end users to avoid the mining and 169 processing of virgin materials through the substitution of 170 fossil fuel combustion products for virgin materials, thereby 171 preserving natural resources and minimizing environmental 172 emissions, and 173 WHEREAS, beneficial use of fossil fuel combustion products 174 reduces the volume of materials placed in disposal facilities 175 and ultimately lowers overall energy consumption required for 176 processing and disposing of fossil fuel combustion products, and 177 WHEREAS, beneficial use of fossil fuel combustion products 178 promotes economic activity, and 179 WHEREAS, beneficial use of fossil fuel combustion products 180 is consistent with the purpose of Florida’s Resource Recovery 181 and Management Act and furthers the purpose of the act by 182 encouraging waste reduction and recycling as a means of managing 183 solid waste and conserving resources, and 184 WHEREAS, after balancing all the competing needs of the 185 state, the Legislature has determined that it is in the state’s 186 best interest to conserve natural resources, reduce overall 187 energy consumption, reduce or eliminate the need to dispose of 188 fossil fuel combustion products in disposal facilities, and 189 facilitate the development of readily available markets for 190 fossil fuel combustion products, NOW, THEREFORE,