Florida Senate - 2023                                    SB 1258
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-01100A-23                                           20231258__
    1                        A bill to be entitled                      
    2         An act relating to the use of phosphogypsum; amending
    3         s. 336.044, F.S.; authorizing the Department of
    4         Transportation to undertake demonstration projects
    5         using phosphogypsum in road construction aggregate
    6         material to determine its feasibility as a paving
    7         material; creating s. 337.02611, F.S.; requiring the
    8         department to conduct a study on the suitability of
    9         using phosphogypsum as a construction aggregate
   10         material; providing requirements for the study;
   11         providing that such materials may be used as a
   12         construction aggregate material in accordance with
   13         specified regulations if the department determines it
   14         suitable for such use; amending s. 403.7045, F.S.;
   15         prohibiting phosphogypsum placed in specified stack
   16         systems from being regulated as solid waste under
   17         certain circumstances; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (2) of section 336.044, Florida
   22  Statutes, is amended to read:
   23         336.044 Use of recyclable materials in construction.—
   24         (2) The Legislature declares it to be in the public
   25  interest to find alternative ways to use certain recyclable
   26  materials that currently are part of the solid waste stream and
   27  that contribute to problems of declining space in landfills. To
   28  determine the feasibility of using certain recyclable materials
   29  for paving materials, the department may undertake demonstration
   30  projects using all of the following materials in road
   31  construction:
   32         (a) Ground rubber from automobile tires in road resurfacing
   33  or subbase materials for roads.;
   34         (b) Ash residue from coal combustion byproducts for
   35  concrete and ash residue from waste incineration facilities and
   36  oil combustion byproducts for subbase material.;
   37         (c) Recycled mixed-plastic material for guardrail posts or
   38  right-of-way fence posts.;
   39         (d) Construction steel, including reinforcing rods and I
   40  beams, manufactured from scrap metals disposed of in the state.;
   41  and
   42         (e) Glass, and glass aggregates.
   43         (f) Phosphogypsum from phosphate production in road
   44  construction aggregate material.
   45         Section 2. Section 337.02611, Florida Statutes, is created
   46  to read:
   47         337.02611 Phosphogypsum as a construction aggregate
   48  material; study.—
   49         (1) The department shall conduct a study to evaluate the
   50  suitability of using phosphogypsum as a construction aggregate
   51  material as defined in s. 337.0261(1). The department may
   52  consider any prior or ongoing studies of phosphogypsum’s road
   53  suitability in the fulfillment of this duty. The study and a
   54  determination of suitability must be completed by January 1,
   55  2024.
   56         (2) Upon a determination of suitability by the department,
   57  phosphogypsum from phosphate production may be used as a
   58  construction aggregate material in accordance with the
   59  conditions of the United States Environmental Protection Agency
   60  approval for the use.
   61         Section 3. Paragraph (f) of subsection (1) of section
   62  403.7045, Florida 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 not be regulated
   66  pursuant to this act:
   67         (f) Industrial byproducts, if:
   68         1. A majority of the industrial byproducts are demonstrated
   69  to be sold, used, or reused within 1 year;.
   70         2. The industrial byproducts are not discharged, deposited,
   71  injected, dumped, spilled, leaked, or placed upon any land or
   72  water so that such industrial byproducts, or any constituent
   73  thereof, may enter other lands or be emitted into the air or
   74  discharged into any waters, including groundwaters, or otherwise
   75  enter the environment such that a threat of contamination in
   76  excess of applicable department standards and criteria or a
   77  significant threat to public health is caused; and.
   78         3. The industrial byproducts are not hazardous wastes as
   79  defined in s. 403.703 and rules adopted under this section.
   80  
   81  Sludge from an industrial waste treatment works that meets the
   82  exemption requirements of this paragraph is not solid waste as
   83  defined in s. 403.703. Phosphogypsum placed in a phosphogypsum
   84  stack system permitted by the department or used in accordance
   85  with an allowed use expressly specified in United States
   86  Environmental Protection Agency regulations or pursuant to an
   87  express United States Environmental Protection Agency approval
   88  for the specific use is not solid waste as defined in s. 403.703
   89  and shall be an allowed use in this state.
   90         Section 4. This act shall take effect July 1, 2023.