Florida Senate - 2020 SB 1036 By Senator Albritton 26-01482-20 20201036__ 1 A bill to be entitled 2 An act relating to diesel exhaust fluid; creating s. 3 330.401, F.S.; requiring the presence, storage, or use 4 of diesel exhaust fluid on the premises of a public 5 airport to be phased out by a certain date; requiring 6 the manager of each public airport that meets certain 7 criteria to create a diesel exhaust fluid safety 8 mitigation and exclusion plan for submission to the 9 Department of Environmental Protection; providing plan 10 requirements; requiring the plan to be fully 11 implemented on the airport premises by a certain date; 12 requiring annual certification of the plan by the 13 department until all diesel exhaust fluid and certain 14 vehicles have been removed from the airport premises; 15 prohibiting the presence, storage, or use of diesel 16 exhaust fluid on the premises of a public airport 17 after a certain date; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 330.401, Florida Statutes, is created to 22 read: 23 330.401 Phase-out of diesel exhaust fluid; reports and 24 certification; prohibition.— 25 (1) The presence, storage, or use of diesel exhaust fluid, 26 including the use of such fluid to treat the exhaust of a 27 selective catalytic reduction engine, on the premises of a 28 public airport as defined in s. 330.27 must be phased out by 29 October 1, 2030, as provided in this section. 30 (2)(a) The manager of each public airport at which: 31 1. Aviation fuels receive onsite treatment with fuel system 32 icing inhibitors by means of injection or mixing systems; and 33 2. Any aircraft fuel delivery vehicle or ground service 34 equipment, the exhaust system of which is being treated with 35 diesel exhaust fluid, is operated within 150 feet of any 36 aircraft 37 38 shall create a diesel exhaust fluid safety mitigation and 39 exclusion plan. 40 (b) The plan must include, at a minimum: 41 1. A full inventory of all diesel exhaust fluid on the 42 premises of the airport. 43 2. Designation of specific areas where diesel exhaust fluid 44 is to be stored on the premises of the airport. Such areas may 45 not be located within or on a vehicle operated for the fueling 46 or servicing of aircraft or at any aviation fuel transfer 47 facility or bulk aviation fuel storage facility. 48 3. Designation of specific areas where a vehicle, the 49 exhaust system of which is being treated with diesel exhaust 50 fluid, is to be refueled or treated with such fluid. Such areas 51 must be segregated from all aircraft operating areas. 52 (3) The diesel exhaust fluid safety mitigation and 53 exclusion plan must be approved by the regulatory authority 54 having jurisdiction over the airport by September 1, 2020. The 55 manager must, by October 1, 2020, submit the plan to the 56 Department of Environmental Protection and certify that all such 57 fluid and vehicles have been secured within the premises of the 58 airport. 59 (4)(a) The diesel exhaust fluid safety mitigation and 60 exclusion plan must be fully implemented on the premises of the 61 airport by January 1, 2021. 62 (b) Each year thereafter, the manager shall review the plan 63 and shall submit the plan, including applicable amendments, to 64 the Department of Environmental Protection for certification. If 65 the department determines that the use of diesel exhaust fluid 66 is being phased out as described in subsection (1), the 67 department shall certify the plan for that year. 68 (c) Once all diesel exhaust fluid and all vehicles, the 69 exhaust system of which were being treated with such fluid, have 70 been removed from the premises of the airport, the manager must 71 submit a written report to the department certifying such 72 removal. If the department determines that such removal has been 73 accomplished, the annual certification provided in paragraph (b) 74 is no longer required. 75 (5) The presence, storage, or use of diesel exhaust fluid 76 on the premises of a public airport as described in subsection 77 (1) is prohibited after October 1, 2030. 78 Section 2. This act shall take effect July 1, 2020.