ENROLLED 2013 Legislature CS for CS for SB 682, 2nd Engrossed 2013682er 1 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 in building products, and as substitutes for 59 raw 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 placed within 67 3 feet of groundwater or 15 feet of wetlands or natural water 68 bodies, or within 100 feet of a potable well that is being used 69 or might be used for human or livestock water consumption; 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 c. The fossil fuel combustion product is not placed so that 76 such product, or any constituent thereof, may enter other lands 77 or be emitted into the air or discharged into any waters, 78 including groundwaters, or otherwise enter the environment in a 79 manner that causes a significant threat to public health or 80 contamination in excess of applicable department standards and 81 criteria; and 82 d. The owner or duly authorized agent of the owner of the 83 property where the product is placed has given the department 84 written notice, which may be submitted electronically, of the 85 dates, placement locations, and types of fossil fuel combustion 86 products used for structural fill or pavement aggregate. 87 3. Use of flue-gas emission control materials which meet 88 the definition of gypsum and are used in accordance with 89 applicable Florida Department of Agriculture and Consumer 90 Services rules. 91 4. Waste stabilization, or initial or intermediate cover 92 material used for lined Class I or III landfills, provided that 93 the material meets applicable department rules for landfill 94 cover or a landfill’s permit conditions for cover. 95 5. Any other use that meets the criteria of s. 96 403.7045(1)(f) or that is approved by the department prior to 97 use as having an equivalent or reduced potential for 98 environmental impacts, when used in equivalent quantities, 99 compared to the substituted raw products or materials. 100 (b) “Fossil fuel combustion products” means fly ash, bottom 101 ash, boiler slag, flue-gas emission control materials, and other 102 non-hazardous materials, such as gasifier slag, fluidized-bed 103 combustion system products, and similar combustion materials 104 produced from the operation of a fossil fuel-fired electric or 105 steam generation facility, from a clean coal or other innovative 106 technology process at a fossil fuel-fired electric or steam 107 generation facility, or from any 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 a paved road, sidewalk, 115 walkway, or parking lot as a substitute for conventional 116 aggregate, raw material, or soil. 117 (e) “Structural fill” means the use of a fossil fuel 118 combustion product as a substitute for a conventional aggregate, 119 raw material, or soil under an industrial or commercial building 120 or structure. Structural fill does not include uses of fossil 121 fuel combustion products that involve general filling or grading 122 operations or valley fills. 123 (2) The storage of fossil fuel combustion products destined 124 for beneficial use must comply with applicable department rules 125 and be conducted in a manner that does not pose a significant 126 risk to public health or violate applicable air or water quality 127 standards. 128 (3) Fossil fuel combustion products beneficially used in 129 accordance with this section are not subject to regulation as a 130 solid or hazardous waste, but the department may take 131 appropriate action if the beneficial use is demonstrated to be 132 causing violations of applicable air or water quality standards 133 or criteria in department rules, or if such beneficial use poses 134 a significant risk to public health. This section does not 135 limit any other requirements applicable to the beneficial use of 136 fossil fuel combustion products established under this chapter 137 or chapter 376 or under local or federal laws, including 138 requirements governing air pollution control permits, national 139 pollutant discharge elimination system permits, and water 140 quality certifications pursuant to s. 401 of the Clean Water 141 Act. 142 (4) Nothing in this section shall be construed to limit the 143 department’s authority to approve the beneficial use of 144 materials other than fossil fuel combustion products as defined 145 in this section pursuant to other provisions of this part. This 146 section may not be construed to limit or otherwise modify any 147 fossil fuel combustion product beneficial use previously 148 approved by the department, use in the onsite construction of 149 surface impoundments, roads, or similar works at fossil fuel 150 fired electric or steam generation facilities, or the recovery 151 of these products for beneficial use from fossil fuel combustion 152 product landfills, impoundments, or storage areas. 153 Section 2. Section 403.7222, Florida Statutes, is amended 154 to read: 155 403.7222 Prohibition of hazardous waste landfills.— 156 (1) As used in this section, the term “hazardous waste 157 landfill” means a disposal facility or part of a facility at 158 which hazardous waste that has not undergone treatment is placed 159 in or on land, including an injection well, which is not a land 160 treatment facility. However, hazardous waste may not be disposed 161 of through an injection well or other subsurface method of 162 disposal, which is defined as a Class IV well in 40 C.F.R. s. 163 144.6(d), except those Class I wells permitted for hazardous 164 waste disposal as of January 1, 1992. The department shall 165 annually review the operations of any such Class I well 166 permitted as of January 1, 1992, and prepare a report analyzing 167 any impact on groundwater systems.
Nothing inThis section may 168 not shallbe construed to refer to the products of membrane 169 technology, including reverse osmosis, for the production of 170 potable water where disposal is through a Class I well as 171 defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or 172 corrective action activities conducted in accordance with 40 173 C.F.R. s. 144.13. 174 (2) The Legislature declares that, due to the permeability 175 of the soil and high water table in Florida, future hazardous 176 waste landfills are prohibited. Therefore, the department may 177 not issue a permit pursuant to s. 403.722 for a newly 178 constructed hazardous waste landfill. However, if by executive 179 order the Governor declares a hazardous waste management 180 emergency, the department may issue a permit for a temporary 181 hazardous waste landfill. Any such landfill shall be used only 182 until such time as an appropriate alternative method of disposal 183 can be derived and implemented. Such a permit may not be issued 184 for a period exceeding 6 months without a further declaration of 185 the Governor. A Class IV injection well, as defined in 40 C.F.R. 186 s. 144.6(d), may not be permitted for construction or operation 187 under this section. 188 (3) This section does not prohibit the department from 189 banning the disposal of hazardous waste in other types of waste 190 management units in a manner consistent with federal 191 requirements, except as provided under s. 403.804(2). 192 (4) This section does not apply to a disposal facility or 193 part of a facility that accepts fly ash, bottom ash, boiler 194 slag, or flue-gas emission control materials from the operation 195 of a fossil fuel-fired electric or steam generation facility, 196 from a clean coal or other innovative technology process at a 197 fossil fuel-fired electric or steam generation facility, or from 198 any combination thereof. 199 Section 3. This act shall take effect July 1, 2013.