Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 764118 LEGISLATIVE ACTION Senate . House Comm: WD . 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 substitutes for raw materials or 11 products, or as necessary ingredients or additives in other 12 products 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 25 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 more than 4 feet beyond the outside edge of the 24 structure or pavement and is covered with 2 feet of soil. 25 Placement of the structure, pavement, or soil must be completed 26 as soon as practicable after placement of the fossil fuel 27 combustion product. 28 3. Roofing materials, blasting grit, or aggregate in 29 products. 30 4. Use of flue-gas emission control materials, which meet 31 the definition of gypsum and are used in accordance with 32 applicable Department of Agriculture and Consumer Services 33 rules. 34 5. Wallboard products, plastics, paints, and insulation 35 products. 36 6. Extraction or recovery of materials and compounds 37 contained within fossil fuel combustion products. 38 7. Waste stabilization or initial or intermediate cover 39 material used for lined Class I or Class III landfills, provided 40 that the material meets applicable department rules for landfill 41 cover or a landfill’s permit conditions for cover. 42 8. Any other use that meets the criteria of s. 43 403.7045(1)(f) or that is approved by the department before use 44 as having an equivalent or reduced potential for environmental 45 impacts, when used in equivalent quantities, compared to the 46 substituted raw products or materials. 47 (b) “Fossil fuel combustion products” means fly ash, bottom 48 ash, boiler slag, flue-gas emission control materials, and other 49 nonhazardous materials, such as gasifier slag, fluidized-bed 50 combustion system products, and similar combustion materials 51 produced from the operation of a fossil fuel-fired electric or 52 steam generation facility, from a clean coal or other innovative 53 technology process at a fossil fuel-fired electric or steam 54 generation facility, or from any combination thereof. 55 (c) “Fossil fuel-fired electric or steam generation 56 facility” means any electric or steam generation facility that 57 is fueled with coal, alone or in combination with petroleum 58 coke, oil, coal gas, natural gas, other fossil fuels, or 59 alternative fuels. 60 (d) “Pavement aggregate” means fossil fuel combustion 61 products used as sub-base material under or immediately adjacent 62 to a paved road, sidewalk, walkway, or parking lot as a 63 substitute for conventional aggregate, raw material, or soil. 64 (e) “Structural fill” means the use of a fossil fuel 65 combustion product as a substitute for a conventional aggregate, 66 raw material, or soil under or immediately adjacent to an 67 industrial or commercial building or structure. Structural fill 68 does not include uses of fossil fuel combustion products that 69 involve general filling or grading operations or valley fills. 70 (2) The storage of fossil fuel combustion products destined 71 for beneficial use must comply with applicable department rules 72 and be conducted in a manner that does not pose a significant 73 risk to public health or violate applicable air or water quality 74 standards. 75 (3) Fossil fuel combustion products beneficially used in 76 accordance with this section are not subject to regulation as a 77 solid or hazardous waste, but the department may take 78 appropriate action if the beneficial use is demonstrated to be 79 causing violations of applicable air or water quality standards 80 or criteria in department rules, or if such beneficial use poses 81 a significant risk to public health. This section does not limit 82 any other requirements applicable to the beneficial use of 83 fossil fuel combustion products established under this chapter 84 or chapter 376 or under local or federal laws, including 85 requirements governing air pollution control permits, national 86 pollutant discharge elimination system permits, and water 87 quality certifications pursuant to s. 401 of the Clean Water 88 Act. 89 (4) Nothing in this section shall be construed to limit the 90 department’s authority to approve the beneficial use of 91 materials other than fossil fuel combustion products as defined 92 in this section pursuant to other provisions of this part. This 93 section may not be construed to limit or otherwise modify any 94 fossil fuel combustion product beneficial use previously 95 approved by the department, use in the onsite construction of 96 surface impoundments, roads, or similar works at fossil fuel 97 fired electric or steam generation facilities, or the recovery 98 of these products for beneficial use from fossil fuel combustion 99 product landfills, impoundments, or storage areas. 100 Section 2. Section 403.7222, Florida Statutes, is amended 101 to read: 102 403.7222 Prohibition of hazardous waste landfills.— 103 (1) As used in this section, the term “hazardous waste 104 landfill” means a disposal facility or part of a facility at 105 which hazardous waste that has not undergone treatment is placed 106 in or on land, including an injection well, which is not a land 107 treatment facility. However, hazardous waste may not be disposed 108 of through an injection well or other subsurface method of 109 disposal, which is defined as a Class IV well in 40 C.F.R. s. 110 144.6(d), except those Class I wells permitted for hazardous 111 waste disposal as of January 1, 1992. The department shall 112 annually review the operations of any such Class I well 113 permitted as of January 1, 1992, and prepare a report analyzing 114 any impact on groundwater systems.
Nothing inThis section may 115 not shallbe construed to refer to the products of membrane 116 technology, including reverse osmosis, for the production of 117 potable water where disposal is through a Class I well as 118 defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or 119 corrective action activities conducted in accordance with 40 120 C.F.R. s. 144.13. 121 (2) The Legislature declares that, due to the permeability 122 of the soil and high water table in Florida, future hazardous 123 waste landfills are prohibited. Therefore, the department may 124 not issue a permit pursuant to s. 403.722 for a newly 125 constructed hazardous waste landfill. However, if by executive 126 order the Governor declares a hazardous waste management 127 emergency, the department may issue a permit for a temporary 128 hazardous waste landfill. Any such landfill shall be used only 129 until such time as an appropriate alternative method of disposal 130 can be derived and implemented. Such a permit may not be issued 131 for a period exceeding 6 months without a further declaration of 132 the Governor. A Class IV injection well, as defined in 40 C.F.R. 133 s. 144.6(d), may not be permitted for construction or operation 134 under this section. 135 (3) This section does not prohibit the department from 136 banning the disposal of hazardous waste in other types of waste 137 management units in a manner consistent with federal 138 requirements, except as provided under s. 403.804(2). 139 (4) This section does not apply to a disposal facility or 140 part of a facility that accepts fly ash, bottom ash, boiler 141 slag, or flue-gas emission control materials from the operation 142 of a fossil fuel-fired electric or steam generation facility, 143 from a clean coal or other innovative technology process at a 144 fossil fuel-fired electric or steam generation facility, or from 145 any combination thereof. 146 Section 3. This act shall take effect July 1, 2013. 147 148 ================= T I T L E A M E N D M E N T ================ 149 And the title is amended as follows: 150 Delete everything before the enacting clause 151 and insert: 152 A bill to be entitled 153 An act relating to fossil fuel combustion products; 154 creating s. 403.7047, F.S.; providing definitions; 155 providing standards for storage of certain fossil fuel 156 combustion products; providing an exemption for 157 beneficial use of fossil fuel combustion products from 158 certain rules; providing that the act does not 159 prohibit the Department of Environmental Protection 160 from taking appropriate action to regulate a 161 beneficial use in certain circumstances; providing 162 that the act does not limit other requirements 163 applicable to the beneficial use of fossil fuel 164 combustion products; providing that the act does not 165 limit the recovery of beneficial use products or the 166 authority of the department to approve the beneficial 167 use of materials other than fossil fuel combustion 168 products; clarifying that the act does not limit or 169 modify any fossil fuel combustion product beneficial 170 use previously approved by the department; amending s. 171 403.7222, F.S.; excluding certain types of facilities 172 from provisions on hazardous waste landfills; 173 providing an effective date. 174 175 WHEREAS, fossil fuel combustion products are currently used 176 in a variety of beneficial applications, and 177 WHEREAS, beneficial use of fossil fuel combustion products 178 allows certain industries and end users to avoid the mining and 179 processing of virgin materials through the substitution of 180 fossil fuel combustion products for virgin materials, thereby 181 preserving natural resources and minimizing environmental 182 emissions, and 183 WHEREAS, beneficial use of fossil fuel combustion products 184 reduces the volume of materials placed in disposal facilities 185 and ultimately lowers overall energy consumption required for 186 processing and disposing of fossil fuel combustion products, and 187 WHEREAS, beneficial use of fossil fuel combustion products 188 promotes economic activity, and 189 WHEREAS, beneficial use of fossil fuel combustion products 190 is consistent with the purpose of Florida’s Resource Recovery 191 and Management Act and furthers the purpose of the act by 192 encouraging waste reduction and recycling as a means of managing 193 solid waste and conserving resources, and 194 WHEREAS, after balancing all the competing needs of the 195 state, the Legislature has determined that it is in the state’s 196 best interest to conserve natural resources, reduce overall 197 energy consumption, reduce or eliminate the need to dispose of 198 fossil fuel combustion products in disposal facilities, and 199 facilitate the development of readily available markets for 200 fossil fuel combustion products, NOW, THEREFORE,