HB 1607 2003
1	A bill to be entitled
2	An act relating to environmental protection; creating s.
3	403.7047, F.S.; exempting beneficial use of fossil fuel
4	combustion products from specified regulations; defining
5	"fossil fuel combustion products," "beneficial use,"
6	"structural fill," "pavement aggregate," "pipe bedding
7	aggregate," and "fossil fuel-fired electric or steam
8	generation facility"; providing requirements and
9	procedures for certain projects to be considered
10	beneficial use; requiring the Department of Transportation
11	to maintain certain plans; requiring that department to
12	notify the Department of Environmental Protection where
13	said plans are located; providing an effective date.
14
15	WHEREAS, fossil fuel combustion products are currently
16	utilized in a variety of beneficial applications, and
17	WHEREAS, beneficial use of fossil fuel combustion products
18	reduces the volume of materials placed in disposal facilities,
19	and
20	WHEREAS, beneficial use of fossil fuel combustion products
21	allows certain industries and end-users to avoid the mining and
22	processing of virgin materials through substitution of fossil
23	fuel combustion products, which preserves natural resources and
24	minimizes environmental emissions, and
25	WHEREAS, beneficial use of fossil fuel combustion products
26	ultimately lowers overall energy consumption required for
27	processing and disposing of fossil fuel combustion products, and
28	WHEREAS, beneficial use of fossil fuel combustion products
29	promotes economic activity while replacing limited natural
30	resources, and
31	WHEREAS, beneficial use of fossil fuel combustion products
32	is consistent with and furthers the purpose of Florida’s
33	Resource Recovery and Management Act by encouraging the
34	development of waste reduction and recycling as a means of
35	managing solid waste and conserving resources, and
36	WHEREAS, the Legislature has determined that it is in the
37	state’s best interest to conserve natural resources, reduce
38	overall energy consumption, reduce or eliminate the need to
39	dispose of fossil fuel combustion products in disposal
40	facilities, and facilitate the development of readily available
41	markets for fossil fuel combustion products, and
42	WHEREAS, the Legislature is taking this action after
43	balancing all the competing needs of the state, NOW, THEREFORE,
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1. Section 403.7047, Florida Statutes, is created
48	to read:
49	403.7047 Regulation of fossil fuel combustion products.--
50	(1) The beneficial use of fossil fuel combustion products
51	as provided in this section is exempt from regulation pursuant
52	to part IV of chapter 403 and rules adopted thereunder. Nothing
53	in this section shall be construed to limit any other
54	requirements that are applicable to the beneficial use of fossil
55	fuel combustion products that are established under chapter 376
56	or chapter 403 or under local or federal laws, including,
57	without limitation, requirements governing air pollution control
58	permits, national pollutant discharge elimination system
59	permits, and water quality certifications pursuant to s. 401 of
60	the Clean Water Act, 33 U.S.C. ss. 1251 et seq.
61	(2) As used in this section:
62	(a) "Fossil fuel combustion products" means fly ash,
63	bottom ash, slag, flue gas desulfurization system products,
64	gasified products, fluidized bed combustion system products, and
65	other combustion products from the operation of a fossil fuel-
66	fired electric or steam generation facility, any material from a
67	clean coal or other innovative technology process at a fossil
68	fuel-fired electric or steam generation facility, or any
69	combination thereof.
70	(b) "Beneficial use" means the use or the handling,
71	processing, transportation, or temporary storage for such use of
72	fossil fuel combustion products or materials which incorporate
73	fossil fuel combustion products as provided below:
74	1. Uses for structural fill, pavement aggregate, pipe
75	bedding aggregate, aggregate, asphalt, concrete products, cement
76	products, roofing materials, wallboard products, plastics,
77	paint, metallurgical applications, insulation products, flowable
78	fill and roller compacted concrete, fertilizer products,
79	blasting grit, filter cloth precoat for sludge dewatering, waste
80	stabilization, extraction or recovery of materials and compounds
81	contained within fossil fuel combustion products, and drainage,
82	capping, or cover material for lined Class I, Class II, or Class
83	III landfills.
84	2. Discrete, controlled land application uses for
85	agronomic value, land reclamation, and pilot demonstration
86	projects that:
87	a. Are not likely to cause contamination in excess of
88	applicable department air or water quality standards or can be
89	demonstrated to have equivalent environmental impacts to those
90	raw products or materials other than fossil fuel combustion
91	products currently used in discrete, controlled land application
92	uses for agronomic value, land reclamation, and pilot
93	demonstration projects; and
94	b. Meet the requirements set forth in subsection (3).
95
96	The beneficial uses of fossil fuel combustion products outlined
97	in this subsection have been evaluated only with regard to the
98	protection of human health and the environment. In the case of
99	roadway applications, the beneficial use of fossil fuel
100	combustion products shall be in accordance with Department of
101	Transportation specifications, American Society for Testing and
102	Materials specifications, or other generally recognized
103	construction standards.
104	(c) "Structural fill" means the use of a fossil fuel
105	combustion product as a substitute for a conventional aggregate,
106	raw material, or soil under or immediately adjacent to a
107	building or structure. "Structural fill" does not include uses
108	that involve general filling or grading operations or valley
109	fills.
110	(d) "Pavement aggregate" means the use of a fossil fuel
111	combustion product as a sub-base material under or immediately
112	adjacent to a paved road, sidewalk, walkway, or parking lot
113	where the fossil fuel combustion product is a substitute for a
114	conventional aggregate, raw material, or soil.
115	(e) "Pipe bedding aggregate" means the use of a fossil
116	fuel combustion product as a substitute for a conventional
117	aggregate, raw material, or soil under, around, or immediately
118	adjacent to a water, sewer, or other pipeline.
119	(f) "Fossil fuel-fired electric or steam generation
120	facility" includes any electric or steam generation facility
121	that is fueled with coal, alone or in combination with petroleum
122	coke, oil, natural gas, other fossil fuels, or renewable energy
123	materials.
124	(3) In order for discrete, controlled land application
125	uses for agronomic value, land reclamation, and pilot
126	demonstration projects to be considered beneficial uses, the
127	following requirements must be met:
128	(a) Notification.--
129	1. A minimum of 30 days before using fossil fuel
130	combustion products for land application for agronomic value,
131	land reclamation, or pilot demonstration projects, the person
132	proposing the use shall submit a written notice to the
133	department. The notice shall contain, at a minimum:
134	a. A description of the nature, purpose, and location of
135	the project, including the name of the Unites States Geological
136	Survey seven and one-half minute map on which the project is
137	located and a Department of Transportation map or an 8 1/2 inch
138	by 11 inch topographic map showing the project.
139	b. The estimated start and completion dates for the
140	project.
141	c. An estimate of the volume of fossil fuel combustion
142	products to be used for the project.
143	d. A signed and dated statement by the owners of the site
144	on which the fossil fuel combustion products are used
145	acknowledging and consenting to the use of fossil fuel
146	combustion products for land application for agronomic value,
147	land reclamation, or pilot demonstration projects.
148	e. The notification shall include:
149	(I) The name of the fossil fuel combustion products
150	generator.
151	(II) The physical location of the generating facility.
152	(III) The address of the generator.
153	(IV) The name of contact for the generator.
154	(V) The telephone number of the generator.
155
156	Changes to such information will require subsequent notification
157	to the department.
158	2. In addition to the notification requirements under
159	subparagraph 1., at least 30 days before using fossil fuel
160	combustion products for land reclamation or pilot demonstration
161	projects in volumes of more than 10,000 cubic yards, the person
162	proposing the use shall submit a written notice to the
163	department containing construction plans for the facility,
164	including a stability analysis when necessary, which shall be
165	prepared, signed, and sealed by a registered professional
166	engineer in accordance with sound engineering practices. The
167	Department of Transportation is not required to submit
168	construction plans with the written notice. The Department of
169	Transportation shall maintain a complete set of construction
170	plans and shall notify the department where the construction
171	plans are located.
172	(b) Storage.--Fossil fuel combustion products used for
173	land application for agronomic value, land reclamation, or pilot
174	demonstration projects may not be stored or speculatively
175	accumulated at the immediate area where they will be put to
176	beneficial use for a period of time longer than necessary to
177	complete the project. Fossil fuel combustion products used for
178	land application for agronomic value, land reclamation, or pilot
179	demonstration projects are not being speculatively accumulated
180	when a minimum of 51 percent of the fossil fuel combustion
181	products at the project site are beneficially used annually.
182	Section 2. This act shall take effect July 1, 2003.