Florida Senate - 2013 CS for SB 682 By the Committee on Environmental Preservation and Conservation; and Senator Simpson 592-02850-13 2013682c1 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 building products, substitutes for raw 59 materials, necessary ingredients, or additives in products, 60 according to accepted industry practices, including the 61 following: 62 1. Asphalt, concrete or cement products, flowable fill, and 63 roller-compacted concrete. 64 2. Structural fill or pavement aggregate that meets the 65 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 100 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 beyond the outside edge of the structure or pavement. 72 Placement of the structure or pavement must be completed as soon 73 as practicable after placement of the fossil fuel combustion 74 product. 75 3. Use of flue-gas emission control materials which meet 76 the definition of gypsum and are used in accordance with 77 applicable Florida Department of Agriculture and Consumer 78 Services rules. 79 4. Waste stabilization, or initial or intermediate cover 80 material used for lined Class I or III landfills, provided that 81 the material meets applicable department rules for landfill 82 cover or a landfill’s permit conditions for cover. 83 5. Any other use that meets the criteria of 84 s.403.7045(1)(f) or that is approved by the department prior to 85 use as having an equivalent or reduced potential for 86 environmental impacts, when used in equivalent quantities, 87 compared to the substituted raw products or materials. 88 (b) “Fossil fuel combustion products” means fly ash, bottom 89 ash, boiler slag, flue-gas emission control materials, and other 90 non-hazardous materials, such as gasifier slag, fluidized-bed 91 combustion system products, and similar combustion materials 92 produced from the operation of a fossil fuel-fired electric or 93 steam generation facility, from a clean coal or other innovative 94 technology process at a fossil fuel-fired electric or steam 95 generation facility, or from any combination thereof. 96 (c) “Fossil fuel-fired electric or steam generation 97 facility” means any electric or steam generation facility that 98 is fueled with coal, alone or in combination with petroleum 99 coke, oil, coal gas, natural gas, other fossil fuels, or 100 alternative fuels. 101 (d) “Pavement aggregate” means fossil fuel combustion 102 products used as sub-base material under a paved road, sidewalk, 103 walkway, or parking lot as a substitute for conventional 104 aggregate, raw material, or soil. 105 (e) “Structural fill” means the use of a fossil fuel 106 combustion product as a substitute for a conventional aggregate, 107 raw material, or soil under an industrial or commercial building 108 or structure. Structural fill does not include uses of fossil 109 fuel combustion products that involve general filling or grading 110 operations or valley fills. 111 (2) The storage of fossil fuel combustion products destined 112 for beneficial use must comply with applicable department rules 113 and be conducted in a manner that does not pose a significant 114 risk to public health or violate applicable air or water quality 115 standards. 116 (3) Fossil fuel combustion products beneficially used in 117 accordance with this section are not subject to regulation as a 118 solid or hazardous waste, but the department may take 119 appropriate action if the beneficial use is demonstrated to be 120 causing violations of applicable air or water quality standards 121 or criteria in department rules, or if such beneficial use poses 122 a significant risk to public health. This section does not 123 limit any other requirements applicable to the beneficial use of 124 fossil fuel combustion products established under this chapter 125 or chapter 376 or under local or federal laws, including 126 requirements governing air pollution control permits, national 127 pollutant discharge elimination system permits, and water 128 quality certifications pursuant to s. 401 of the Clean Water 129 Act. 130 (4) Nothing in this section shall be construed to limit the 131 department’s authority to approve the beneficial use of 132 materials other than fossil fuel combustion products as defined 133 in this section pursuant to other provisions of this part. This 134 section may not be construed to limit or otherwise modify any 135 fossil fuel combustion product beneficial use previously 136 approved by the department, use in the onsite construction of 137 surface impoundments, roads, or similar works at fossil fuel 138 fired electric or steam generation facilities, or the recovery 139 of these products for beneficial use from fossil fuel combustion 140 product landfills, impoundments, or storage areas. 141 Section 2. Section 403.7222, Florida Statutes, is amended 142 to read: 143 403.7222 Prohibition of hazardous waste landfills.— 144 (1) As used in this section, the term “hazardous waste 145 landfill” means a disposal facility or part of a facility at 146 which hazardous waste that has not undergone treatment is placed 147 in or on land, including an injection well, which is not a land 148 treatment facility. However, hazardous waste may not be disposed 149 of through an injection well or other subsurface method of 150 disposal, which is defined as a Class IV well in 40 C.F.R. s. 151 144.6(d), except those Class I wells permitted for hazardous 152 waste disposal as of January 1, 1992. The department shall 153 annually review the operations of any such Class I well 154 permitted as of January 1, 1992, and prepare a report analyzing 155 any impact on groundwater systems.
Nothing inThis section may 156 not shallbe construed to refer to the products of membrane 157 technology, including reverse osmosis, for the production of 158 potable water where disposal is through a Class I well as 159 defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or 160 corrective action activities conducted in accordance with 40 161 C.F.R. s. 144.13. 162 (2) The Legislature declares that, due to the permeability 163 of the soil and high water table in Florida, future hazardous 164 waste landfills are prohibited. Therefore, the department may 165 not issue a permit pursuant to s. 403.722 for a newly 166 constructed hazardous waste landfill. However, if by executive 167 order the Governor declares a hazardous waste management 168 emergency, the department may issue a permit for a temporary 169 hazardous waste landfill. Any such landfill shall be used only 170 until such time as an appropriate alternative method of disposal 171 can be derived and implemented. Such a permit may not be issued 172 for a period exceeding 6 months without a further declaration of 173 the Governor. A Class IV injection well, as defined in 40 C.F.R. 174 s. 144.6(d), may not be permitted for construction or operation 175 under this section. 176 (3) This section does not prohibit the department from 177 banning the disposal of hazardous waste in other types of waste 178 management units in a manner consistent with federal 179 requirements, except as provided under s. 403.804(2). 180 (4) This section does not apply to a disposal facility or 181 part of a facility that accepts fly ash, bottom ash, boiler 182 slag, or flue-gas emission control materials from the operation 183 of a fossil fuel-fired electric or steam generation facility, 184 from a clean coal or other innovative technology process at a 185 fossil fuel-fired electric or steam generation facility, or from 186 any combination thereof. 187 Section 3. This act shall take effect July 1, 2013.