Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1104
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2017           .                                

       The Committee on Environmental Preservation and Conservation
       (Perry) recommended the following:
    1         Senate Amendment to Amendment (228236) 
    3         Delete lines 12 - 109
    4  and insert:
    5  (28) through (47), respectively, present subsections (27), (32),
    6  and (35) of that section are amended, and new subsections (10),
    7  (24), (26), and (27) are added to that section, to read:
    8         403.703 Definitions.—As used in this part, the term:
    9         (10)“Gasification” means a process through which post-use
   10  polymers are heated and converted to synthesis gas in an oxygen
   11  deficient atmosphere, and then converted to crude oil, fuels, or
   12  chemical feedstocks.
   13         (24)“Post-use polymer” means a plastic polymer that is
   14  derived from any domestic, commercial, or municipal activity;
   15  that is not recycled in commercial markets; and may otherwise
   16  become waste if not converted to manufacture crude oil, fuels,
   17  or other raw materials or intermediate or final products using
   18  gasification or pyrolysis. A post-use polymer may contain
   19  incidental contaminants or impurities such as paper labels or
   20  metal rings.
   21         (26)“Pyrolysis” means a process through which post-use
   22  polymers are heated in the absence of oxygen until melted and
   23  thermally decomposed, and then cooled, condensed, and converted
   24  to:
   25         (a)Crude oil, diesel, gasoline, home heating oil, or
   26  another fuel;
   27         (b)Feedstocks;
   28         (c)Diesel and gasoline blendstocks;
   29         (d)Chemicals, waxes, or lubricants; or
   30         (e)Other raw materials or intermediate or final products.
   31         (27)“Pyrolysis facility” means a facility that receives,
   32  separates, stores, and converts post-use polymers, using
   33  gasification or pyrolysis. A pyrolysis facility meeting the
   34  conditions of s. 403.7045(1)(e) is not a solid waste management
   35  facility.
   36         (31)(27) “Recycling” means any process by which solid
   37  waste, or materials that would otherwise become solid waste, are
   38  collected, separated, or processed and reused or returned to use
   39  in the form of raw materials or intermediate or final products.
   40  Such raw materials or intermediate or final products may
   41  include, but are not limited to, crude oil, fuels, and fuel
   42  substitutes.
   43         (36)(32) “Solid waste” means sludge unregulated under the
   44  federal Clean Water Act or Clean Air Act, sludge from a waste
   45  treatment works, water supply treatment plant, or air pollution
   46  control facility, or garbage, rubbish, refuse, special waste, or
   47  other discarded material, including solid, liquid, semisolid, or
   48  contained gaseous material resulting from domestic, industrial,
   49  commercial, mining, agricultural, or governmental operations.
   50  Recovered materials as defined in subsection (28) (24) are not
   51  solid waste.
   52         (39)(35) “Solid waste management facility” means any solid
   53  waste disposal area, volume reduction plant, transfer station,
   54  materials recovery facility, or other facility, the purpose of
   55  which is resource recovery or the disposal, recycling,
   56  processing, or storage of solid waste. The term does not include
   57  recovered materials processing facilities or pyrolysis
   58  facilities that meet the requirements of s. 403.7046, except the
   59  portion of such facilities, if any, which is used for the
   60  management of solid waste.
   61         Section 2. Subsection (1) of section 403.7045, Florida
   62  Statutes, is amended to read:
   63         403.7045 Application of act and integration with other
   64  acts.—
   65         (1) The following wastes or activities may shall not be
   66  regulated pursuant to this act:
   67         (a) Byproduct material, source material, and special
   68  nuclear material, the generation, transportation, disposal,
   69  storage, or treatment of which is regulated under chapter 404 or
   70  the federal Atomic Energy Act of 1954, ch. 1073, 68 Stat. 923,
   71  as amended;
   72         (b) Suspended solids and dissolved materials in domestic
   73  sewage effluent or irrigation return flows or other discharges
   74  which are point sources subject to permits pursuant to this
   75  chapter or s. 402 of the Clean Water Act, Pub. L. No. 95-217;
   76         (c) Emissions to the air from a stationary installation or
   77  source regulated under this chapter or the Clean Air Act, Pub.
   78  L. No. 95-95;
   79         (d) Drilling fluids, produced waters, and other wastes
   80  associated with the exploration for, or development and
   81  production of, crude oil or natural gas which are regulated
   82  under chapter 377; or
   83         (e) Recovered materials, or recovered materials processing
   84  facilities, or pyrolysis facilities, except as provided in s.
   85  403.7046, if:
   86         1. A majority of the recovered materials at the facility
   87  are demonstrated to be sold, used, or reused within 1 year. As
   88  used in this subparagraph, the terms “used” or “reused” include,
   89  but are not limited to, the conversion of post-use polymers into
   90  crude oil, fuels,