Florida Senate - 2013 SB 682 By Senator Simpson 18-00353A-13 2013682__ 1 A bill to be entitled 2 An act relating to fossil fuel combustion products; 3 creating s. 403.7047, F.S.; providing definitions; 4 providing standards for storage of certain fossil fuel 5 combustion products; providing an exemption for 6 beneficial use of fossil fuel combustion products from 7 certain rules; providing that the act does not 8 prohibit the Department of Environmental Protection 9 from taking appropriate action to regulate a 10 beneficial use in certain circumstances; providing 11 that the act does not limit other requirements 12 applicable to the beneficial use of fossil fuel 13 combustion products; providing that the act does not 14 limit the recovery of beneficial use products or the 15 authority of the department to approve the beneficial 16 use of materials other than fossil fuel combustion 17 products; clarifying that the act does not limit or 18 modify any fossil fuel combustion product beneficial 19 use previously approved by the department; amending s. 20 403.7222, F.S.; excluding certain types of facilities 21 from provisions on hazardous waste landfills; 22 providing an effective date. 23 24 WHEREAS, fossil fuel combustion products are currently used 25 in a variety of beneficial applications, and 26 WHEREAS, beneficial use of fossil fuel combustion products 27 allows certain industries and end users to avoid the mining and 28 processing of virgin materials through the substitution of 29 fossil fuel combustion products for virgin materials, thereby 30 preserving natural resources and minimizing environmental 31 emissions, and 32 WHEREAS, beneficial use of fossil fuel combustion products 33 reduces the volume of materials placed in disposal facilities 34 and ultimately lowers overall energy consumption required for 35 processing and disposing of fossil fuel combustion products, and 36 WHEREAS, beneficial use of fossil fuel combustion products 37 promotes economic activity, and 38 WHEREAS, beneficial use of fossil fuel combustion products 39 is consistent with the purpose of Florida’s Resource Recovery 40 and Management Act and furthers the purpose of the act by 41 encouraging waste reduction and recycling as a means of managing 42 solid waste and conserving resources, and 43 WHEREAS, after balancing all the competing needs of the 44 state, the Legislature has determined that it is in the state’s 45 best interest to conserve natural resources, reduce overall 46 energy consumption, reduce or eliminate the need to dispose of 47 fossil fuel combustion products in disposal facilities, and 48 facilitate the development of readily available markets for 49 fossil fuel combustion products, NOW, THEREFORE, 50 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1. Section 403.7047, Florida Statutes, is created 54 to read: 55 403.7047 Regulation of fossil fuel combustion products.— 56 (1) As used in this section, the term: 57 (a) “Beneficial use” means the use of fossil fuel 58 combustion products as substitutes for raw materials or 59 products, or as necessary ingredients or additives in other 60 products according to accepted industry practices. The term 61 includes the following: 62 1. Encapsulation, including asphalt, concrete or cement 63 products, flowable fill, and roller-compacted concrete. 64 2. Structural fill, pavement aggregate, or pipe-bedding 65 aggregate that meets the following requirements: 66 a. The fossil fuel combustion product is not in contact 67 with groundwater, surface water bodies, or wetlands and is not 68 placed within 25 feet of a potable well that is being used or 69 might be used for human or livestock water consumption; and 70 b. The placement of the fossil fuel combustion product does 71 not extend more than 4 feet beyond the outside edge of the 72 structure, pavement, or pipeline. Placement of the structure, 73 pavement, or pipeline must be completed as soon as practical 74 after placement of the fill materials. 75 3. Substitute for roofing materials, blasting grit, or 76 aggregate in products. 77 4. Fertilizer products, including the use of flue-gas 78 emission control materials, in accordance with applicable 79 requirements of the Department of Agriculture and Consumer 80 Services. 81 5. Wallboard products, plastics, paints, and insulation 82 products. 83 6. Metallurgical applications. 84 7. Filter cloth precoat for sludge dewatering. 85 8. Extraction or recovery of materials and compounds 86 contained within fossil fuel combustion products. 87 9. Waste stabilization or initial or intermediate cover 88 material used for lined Class I, Class II, or Class III 89 landfills, provided that the material meets applicable 90 department rules for landfill cover or a landfill’s permit 91 conditions for cover. 92 10. Land application use for an agronomic value, land 93 reclamation, or pilot demonstration project, or any other use 94 that meets the criteria of s. 403.7045(1)(f) or can be 95 demonstrated to have an equivalent or reduced potential for 96 environmental impacts when compared to the raw products or 97 materials other than the fossil fuel combustion products that 98 are currently used for a similar purpose. 99 (b) “Fossil fuel combustion products” means fly ash; bottom 100 ash; boiler slag; flue-gas emission control materials, including 101 blowdown; and other nonhazardous materials, such as gasifier 102 slag, fluidized-bed combustion system products, and similar 103 combustion materials produced from the operation of a fossil 104 fuel-fired electric or steam generation facility, from a clean 105 coal or other innovative technology process at a fossil fuel 106 fired electric or steam generation facility, or from any 107 combination thereof. 108 (c) “Fossil fuel-fired electric or steam generation 109 facility” means any electric or steam generation facility that 110 is fueled with coal, alone or in combination with petroleum 111 coke, oil, coal gas, natural gas, other fossil fuels, or 112 alternative fuels. 113 (d) “Pavement aggregate” means fossil fuel combustion 114 products used as sub-base material under or immediately adjacent 115 to a paved road, sidewalk, walkway, or parking lot as a 116 substitute for conventional aggregate, raw material, or soil. 117 (e) “Pipe-bedding aggregate” means fossil fuel combustion 118 products used as a substitute for conventional aggregate, raw 119 material, or soil under, around, or immediately adjacent to a 120 water, sewer, or other pipeline. 121 (f) “Structural fill” means the use of a fossil fuel 122 combustion product as a substitute for a conventional aggregate, 123 raw material, or soil under or immediately adjacent to an 124 industrial or commercial building or structure. Structural fill 125 does not include uses of fossil fuel combustion products that 126 involve general filling or grading operations or valley fills. 127 (2) The storage of fossil fuel combustion products destined 128 for beneficial use must comply with applicable department rules 129 and be conducted in a manner that does not pose a significant 130 risk to public health or violate applicable air or water quality 131 standards. 132 (3) The beneficial use of fossil fuel combustion products 133 as provided in this section is exempt from regulation pursuant 134 to this part and rules hereunder, but the department may take 135 appropriate action if the beneficial use is demonstrated to be 136 causing violations of applicable air or water quality standards 137 or criteria in department rules, or if such beneficial use poses 138 a significant risk to public health. This section does not limit 139 any other requirements applicable to the beneficial use of 140 fossil fuel combustion products established under this chapter 141 or chapter 376 or under local or federal laws, including 142 requirements governing air pollution control permits, national 143 pollutant discharge elimination system permits, and water 144 quality certifications pursuant to s. 401 of the Clean Water 145 Act. 146 (4) Nothing in this section shall be construed to limit the 147 department’s authority to approve the beneficial use of 148 materials other than fossil fuel combustion products as defined 149 in this section pursuant to other provisions of this part. This 150 section may not be construed to limit or otherwise modify any 151 fossil fuel combustion product beneficial use previously 152 approved by the department, or the recovery of these products 153 for beneficial use from fossil fuel combustion product 154 landfills, impoundments, or storage areas. 155 Section 2. Section 403.7222, Florida Statutes, is amended 156 to read: 157 403.7222 Prohibition of hazardous waste landfills.— 158 (1) As used in this section, the term “hazardous waste 159 landfill” means a disposal facility or part of a facility at 160 which hazardous waste that has not undergone treatment is placed 161 in or on land, including an injection well, which is not a land 162 treatment facility. However, hazardous waste may not be disposed 163 of through an injection well or other subsurface method of 164 disposal, which is defined as a Class IV well in 40 C.F.R. s. 165 144.6(d), except those Class I wells permitted for hazardous 166 waste disposal as of January 1, 1992. The department shall 167 annually review the operations of any such Class I well 168 permitted as of January 1, 1992, and prepare a report analyzing 169 any impact on groundwater systems.
Nothing inThis section may 170 not shallbe construed to refer to the products of membrane 171 technology, including reverse osmosis, for the production of 172 potable water where disposal is through a Class I well as 173 defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or 174 corrective action activities conducted in accordance with 40 175 C.F.R. s. 144.13. 176 (2) The Legislature declares that, due to the permeability 177 of the soil and high water table in Florida, future hazardous 178 waste landfills are prohibited. Therefore, the department may 179 not issue a permit pursuant to s. 403.722 for a newly 180 constructed hazardous waste landfill. However, if by executive 181 order the Governor declares a hazardous waste management 182 emergency, the department may issue a permit for a temporary 183 hazardous waste landfill. Any such landfill shall be used only 184 until such time as an appropriate alternative method of disposal 185 can be derived and implemented. Such a permit may not be issued 186 for a period exceeding 6 months without a further declaration of 187 the Governor. A Class IV injection well, as defined in 40 C.F.R. 188 s. 144.6(d), may not be permitted for construction or operation 189 under this section. 190 (3) This section does not prohibit the department from 191 banning the disposal of hazardous waste in other types of waste 192 management units in a manner consistent with federal 193 requirements, except as provided under s. 403.804(2). 194 (4) This section does not apply to a disposal facility or 195 part of a facility that accepts fly ash, bottom ash, boiler 196 slag, or flue-gas emission control materials, including 197 blowdown, from the operation of a fossil fuel-fired electric or 198 steam generation facility, from a clean coal or other innovative 199 technology process at a fossil fuel-fired electric or steam 200 generation facility, or from any combination thereof. 201 Section 3. This act shall take effect July 1, 2013.