HB 1607 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to environmental protection; creating s.
12	403.7047, F.S.; exempting beneficial use of fossil fuel
13	combustion products from specified regulations; providing
14	handling, processing, and storage criteria; defining
15	"fossil fuel combustion products," "beneficial use," and
16	"fossil fuel-fired electric or steam generation facility";
17	requiring the Department of Environmental Protection to
18	adopt rules relating to certain beneficial uses; amending
19	s. 403.087, F.S.; adding hazardous waste corrective action
20	permits to a list of approvals; amending s. 403.703, F.S.;
21	expanding the definition of "construction and demolition
22	debris"; amending s. 403.722, F.S.; adding a corrective
23	action permit to a list of approvals; providing an
24	effective date.
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26	WHEREAS, fossil fuel combustion products are currently
27	utilized in a variety of beneficial applications, and
28	WHEREAS, beneficial use of fossil fuel combustion products
29	reduces the volume of materials placed in disposal facilities,
30	and
31	WHEREAS, beneficial use of fossil fuel combustion products
32	allows certain industries and end-users to avoid the mining and
33	processing of virgin materials through substitution of fossil
34	fuel combustion products, which preserves natural resources and
35	minimizes environmental emissions, and
36	WHEREAS, beneficial use of fossil fuel combustion products
37	ultimately lowers overall energy consumption required for
38	processing and disposing of fossil fuel combustion products, and
39	WHEREAS, beneficial use of fossil fuel combustion products
40	promotes economic activity while replacing limited natural
41	resources, and
42	WHEREAS, beneficial use of fossil fuel combustion products
43	is consistent with and furthers the purpose of Florida’s
44	Resource Recovery and Management Act by encouraging the
45	development of waste reduction and recycling as a means of
46	managing solid waste and conserving resources, and
47	WHEREAS, the Legislature has determined that it is in the
48	state’s best interest to conserve natural resources, reduce
49	overall energy consumption, reduce or eliminate the need to
50	dispose of fossil fuel combustion products in disposal
51	facilities, and facilitate the development of readily available
52	markets for fossil fuel combustion products, and
53	WHEREAS, the Legislature is taking this action after
54	balancing all the competing needs of the state, NOW, THEREFORE,
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56	Be It Enacted by the Legislature of the State of Florida:
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58	Section 1. Section 403.7047, Florida Statutes, is created
59	to read:
60	403.7047 Regulation of fossil fuel combustion products.--
61	(1) The beneficial use of fossil fuel combustion products
62	as provided in this section is exempt from regulation pursuant
63	to this part and rules adopted hereunder. Nothing in this
64	section shall limit the department’s ability to take appropriate
65	action where a beneficial use can be demonstrated to be causing
66	violations of applicable air or water quality standards or
67	criteria in department rules or where such beneficial use poses
68	a significant risk to public health. This section shall not be
69	construed to limit any other requirements that are applicable to
70	the beneficial use of fossil fuel combustion products that are
71	established under this chapter or chapter 376, or under local or
72	federal laws, including, without limitation, requirements
73	governing air pollution control permits, national pollutant
74	discharge elimination system permits, and water quality
75	certifications pursuant to Section 401 of the Clean Water Act.
76	(2) The handling, processing, and storage of fossil fuel
77	combustion products destined for beneficial use shall be in
78	accordance with applicable department rules and shall be
79	conducted in a manner that does not cause violations of
80	applicable air or water quality standards or criteria in
81	department rules or pose a significant risk to public health.
82	(3) As used in this section:
83	(a) "Fossil fuel combustion products" means fly ash,
84	bottom ash, slag, flue gas desulfurization system products,
85	gasified products, fluidized bed combustion system products, and
86	other similar combustion products from the operation of a fossil
87	fuel-fired electric or steam generation facility, from a clean
88	coal or other innovative technology process at a fossil fuel-
89	fired electric or steam generation facility, or from any
90	combination thereof.
91	(b) "Fossil fuel-fired electric or steam generation
92	facility" includes any electric or steam generation facility
93	that is fueled with coal, alone or in combination with petroleum
94	coke, oil, natural gas, other fossil fuels, renewable energy
95	materials, or refuse-derived fuel where the refuse-derived fuel
96	does not exceed 10_percent of the total annual fuel input of a
97	unit located at a fossil fuel-fired electric or steam generation
98	facility.
99	(c) "Beneficial use" means the use of fossil fuel
100	combustion products or materials that incorporate fossil fuel
101	combustion products as substitutes for raw materials or as
102	necessary ingredients or additives in other products according
103	to accepted industry practices. Beneficial uses include the
104	following, except that subparagraphs 1.-7. shall apply only to
105	fossil fuel combustion products from fossil fuel-fired electric
106	or steam generation facilities that are fueled primarily with
107	coal:
108	1. Use involving encapsulation, including pavement
109	aggregate, asphalt, concrete or cement products, flowable fill,
110	and roller-compacted concrete.
111	2. Use as a substitute for aggregate in products,
112	including roofing materials or blasting grit.
113	3. Use in wallboard products, plastics, paint, and
114	insulation products.
115	4. Use in metallurgical applications.
116	5. Use as filter cloth precoat for sludge dewatering.
117	6. Use for extraction or recovery of materials and
118	compounds contained within fossil fuel combustion products.
119	7. Use as initial or intermediate cover material for lined
120	Class I, Class II, or Class III landfills, provided that it
121	meets applicable department rules for landfill cover.
122	8. Any other use authorized by the department in
123	accordance with subsection (4).
124	(4)(a) By January 1, 2004, the department shall initiate
125	rulemaking to provide criteria for the purpose of approving
126	beneficial uses of fossil fuel combustion products not already
127	established under subsection (3). Such beneficial uses may
128	include, but are not limited to, the use of fossil fuel
129	combustion products for structural fill, pipe bedding aggregate,
130	paving subbase, waste stabilization, agronomic applications,
131	land reclamation, or other application to land. Nothing in this
132	section shall be construed to limit the department’s authority
133	to approve the beneficial use of materials other than fossil
134	fuel combustion products as defined in this section pursuant to
135	other provisions of this chapter.
136	(b) Such rules shall also address:
137	1. Creation of a demonstration and approval process for
138	the beneficial use of fossil fuel combustion products as set
139	forth in this subsection on a site-specific or statewide basis
140	where reasonable assurance is provided that applicable
141	department air or water quality standards or criteria in
142	department rules will not be violated and the beneficial use
143	will not pose a significant risk to public health. This process
144	shall authorize the beneficial use of fossil fuel combustion
145	products as replacements for raw materials or products where it
146	can be demonstrated that the potential impact on public health
147	and the environment will be essentially equivalent to those
148	replaced raw materials or products.
149	2. The onsite and offsite management of fossil fuel
150	combustion products destined for beneficial use. For offsite
151	management, the department shall develop appropriate best
152	management practices that are designed to allow flexibility in
153	the management of these products and that take into account the
154	relative environmental impact posed by the management of raw
155	materials or products that are similar to the fossil fuel
156	combustion products being managed so as not to impede the
157	purposes of this section to promote the beneficial use of fossil
158	fuel combustion products. Fossil fuel combustion products that
159	are destined for beneficial use and that are managed in
160	accordance with department rules shall not be regulated as solid
161	waste.
162	3. Public participation in accordance with applicable
163	provisions of chapter 120.
164	4. Appropriate beneficial uses of fossil fuel combustion
165	products from fossil fuel-fired electric or steam generating
166	facilities that burn primarily petroleum coke in combination
167	with coal, which may include some or all of those uses specified
168	in subparagraphs (3)(c)1.-7.
169	Section 2. Paragraph (a) of subsection (6) of section
170	403.087, Florida Statutes, is amended to read:
171	403.087 Permits; general issuance; denial; revocation;
172	prohibition; penalty.--
173	(6)(a) The department shall require a processing fee in an
174	amount sufficient, to the greatest extent possible, to cover the
175	costs of reviewing and acting upon any application for a permit
176	or request for site-specific alternative criteria or for an
177	exemption from water quality criteria and to cover the costs of
178	surveillance and other field services and related support
179	activities associated with any permit or plan approval issued
180	pursuant to this chapter. However, when an application is
181	received without the required fee, the department shall
182	acknowledge receipt of the application and shall immediately
183	return the unprocessed application to the applicant and shall
184	take no further action until the application is received with
185	the appropriate fee. The department shall adopt a schedule of
186	fees by rule, subject to the following limitations:
187	1. The fee for any of the following may not exceed
188	$32,500:
189	a. Hazardous waste, construction permit.
190	b. Hazardous waste, operation permit.
191	c. Hazardous waste, postclosure permit, or clean closure
192	plan approval.
193	d. Hazardous waste, corrective action permit.
194	2. The permit fee for a Class I injection well
195	construction permit may not exceed $12,500.
196	3. The permit fee for any of the following permits may not
197	exceed $10,000:
198	a. Solid waste, construction permit.
199	b. Solid waste, operation permit.
200	c. Class I injection well, operation permit.
201	4. The permit fee for any of the following permits may not
202	exceed $7,500:
203	a. Air pollution, construction permit.
204	b. Solid waste, closure permit.
205	c. Drinking water, construction or operation permit.
206	d. Domestic waste residuals, construction or operation
207	permit.
208	e. Industrial waste, operation permit.
209	f. Industrial waste, construction permit.
210	5. The permit fee for any of the following permits may not
211	exceed $5,000:
212	a. Domestic waste, operation permit.
213	b. Domestic waste, construction permit.
214	6. The permit fee for any of the following permits may not
215	exceed $4,000:
216	a. Wetlands resource management--(dredge and fill),
217	standard form permit.
218	b. Hazardous waste, research and development permit.
219	c. Air pollution, operation permit, for sources not
220	subject to s. 403.0872.
221	d. Class III injection well, construction, operation, or
222	abandonment permits.
223	7. The permit fee for Class V injection wells,
224	construction, operation, and abandonment permits may not exceed
225	$750.
226	8. The permit fee for any of the following permits may not
227	exceed $500:
228	a. Domestic waste, collection system permits.
229	b. Wetlands resource management--(dredge and fill and
230	mangrove alterations), short permit form.
231	c. Drinking water, distribution system permit.
232	9. The permit fee for stormwater operation permits may not
233	exceed $100.
234	10. The general permit fees for permits that require
235	certification by a registered professional engineer or
236	professional geologist may not exceed $500. The general permit
237	fee for other permit types may not exceed $100.
238	11. The fee for a permit issued pursuant to s. 403.816 is
239	$5,000, and the fee for any modification of such permit
240	requested by the applicant is $1,000.
241	12. The regulatory program and surveillance fees for
242	facilities permitted pursuant to s. 403.088 or s. 403.0885, or
243	for facilities permitted pursuant to s. 402 of the Clean Water
244	Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
245	department has been granted administrative authority, shall be
246	limited as follows:
247	a. The fees for domestic wastewater facilities shall not
248	exceed $7,500 annually. The department shall establish a sliding
249	scale of fees based on the permitted capacity and shall ensure
250	smaller domestic waste dischargers do not bear an inordinate
251	share of costs of the program.
252	b. The annual fees for industrial waste facilities shall
253	not exceed $11,500. The department shall establish a sliding
254	scale of fees based upon the volume, concentration, or nature of
255	the industrial waste discharge and shall ensure smaller
256	industrial waste dischargers do not bear an inordinate share of
257	costs of the program.
258	c. The department may establish a fee, not to exceed the
259	amounts in subparagraphs 4. and 5., to cover additional costs of
260	review required for permit modification or construction
261	engineering plans.
262	Section 3. Subsection (17) of section 403.703, Florida
263	Statutes, is amended to read:
264	403.703 Definitions.--As used in this act, unless the
265	context clearly indicates otherwise, the term:
266	(17) "Construction and demolition debris" means discarded
267	materials generally considered to be not water-soluble and
268	nonhazardous in nature, including, but not limited to, steel,
269	glass, brick, concrete, asphalt roofing material, pipe, gypsum
270	wallboard, and lumber, from the construction or destruction of a
271	structure as part of a construction or demolition project or
272	from the renovation of a structure, and including rocks, soils,
273	tree remains, trees, and other vegetative matter that normally
274	results from land clearing or land development operations for a
275	construction project, including such debris from construction of
276	structures at a site remote from the construction or demolition
277	project site. Mixing of construction and demolition debris with
278	other types of solid waste will cause it to be classified as
279	other than construction and demolition debris. The term also
280	includes:
281	(a) Clean cardboard, paper, plastic, wood, and metal
282	scraps from a construction project;
283	(b) Except as provided in s. 403.707(12)(j), unpainted,
284	nontreated wood scraps from facilities manufacturing materials
285	used for construction of structures or their components and
286	unpainted, nontreated wood pallets provided the wood scraps and
287	pallets are separated from other solid waste where generated and
288	the generator of such wood scraps or pallets implements
289	reasonable practices of the generating industry to minimize the
290	commingling of wood scraps or pallets with other solid waste;
291	and
292	(c) Nonhazardous fiber-reinforced cement scrap waste from
293	facilities manufacturing fiber-reinforced cement products for
294	the construction industry, provided the waste is separated from
295	other solid waste where generated and the generator of such
296	waste implements reasonable practices of the generating industry
297	to minimize commingling of the fiber-reinforced cement scrap
298	waste with other solid waste; and
299	(d)(c)De minimis amounts of other nonhazardous wastes
300	that are generated at construction or destruction projects,
301	provided such amounts are consistent with best management
302	practices of the industry.
303	Section 4. Subsection (1) of section 403.722, Florida
304	Statutes, is amended to read:
305	403.722 Permits; hazardous waste disposal, storage, and
306	treatment facilities.--
307	(1) Each person who intends to construct, modify, operate,
308	or close a hazardous waste disposal, storage, or treatment
309	facility shall obtain a construction permit, operation permit,
310	postclosure permit, or clean closure plan approval, or
311	corrective action permitfrom the department prior to
312	constructing, modifying, operating, or closing the facility. By
313	rule, the department may provide for the issuance of a single
314	permit instead of any two or more hazardous waste facility
315	permits.
316	Section 5. This act shall take effect July 1, 2003.