Senate Bill sb2338c1
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    Florida Senate - 2003                           CS for SB 2338
    By the Committee on Communication and Public Utilities; and
    Senator Peaden
    319-2370-03
  1                      A bill to be entitled
  2         An act relating to environmental protection;
  3         creating s. 403.7047, F.S.; exempting
  4         beneficial use of fossil fuel combustion
  5         products from specified regulations; requiring
  6         certain handling, processing, and storage
  7         criteria; defining the terms "fossil fuel
  8         combustion products," "beneficial use," and
  9         "fossil fuel-fired electric and steam
10         generating facility"; authorizing rulemaking;
11         amending s. 403.087, F.S.; adding hazardous
12         waste, corrective action permits to a list of
13         approvals; amending s. 403.703, F.S.; expanding
14         the materials defined as construction and
15         demolition debris; providing additional
16         definitions; amending s. 403.722, F.S.; adding
17         a "corrective action permit" to a list of
18         approvals; providing an effective date.
19  
20         WHEREAS, fossil fuel combustion products are currently
21  used in a variety of beneficial applications, and
22         WHEREAS, beneficial use of fossil fuel combustion
23  products reduces the volume of materials placed in disposal
24  facilities, and
25         WHEREAS, beneficial use of fossil fuel combustion
26  products allows certain industries and end-users to avoid the
27  mining and processing of virgin materials through substitution
28  of fossil fuel combustion products, which preserves natural
29  resources and minimizes environmental emissions, and
30         WHEREAS, beneficial use of fossil fuel combustion
31  products ultimately lowers overall energy consumption required
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    Florida Senate - 2003                           CS for SB 2338
    319-2370-03
 1  for processing and disposing of fossil fuel combustion
 2  products, and
 3         WHEREAS, beneficial use of fossil fuel combustion
 4  products promotes economic activity while replacing limited
 5  natural resources, and
 6         WHEREAS, beneficial use of fossil fuel combustion
 7  products is consistent with and furthers the purpose of
 8  Florida's Resource Recovery and Management Act by encouraging
 9  the development of waste reduction and recycling as a means of
10  managing solid waste and conserving resources, and
11         WHEREAS, the Legislature has determined that it is in
12  the state's best interest to conserve natural resources,
13  reduce overall energy consumption, reduce or eliminate the
14  need to dispose of fossil fuel combustion products in disposal
15  facilities, and facilitate the development of readily
16  available markets for fossil fuel combustion products, and
17         WHEREAS, the Legislature is taking this action after
18  balancing all the competing needs of the state, NOW,
19  THEREFORE,
20  
21  Be It Enacted by the Legislature of the State of Florida:
22  
23         Section 1.  Section 403.7047, Florida Statutes, is
24  created to read:
25         403.7047  Regulation of fossil fuel combustion
26  products.--
27         (1)  The beneficial use of fossil fuel combustion
28  products as provided in this section is exempt from regulation
29  pursuant to part IV of this chapter and rules adopted
30  thereunder. Nothing in this section shall limit the
31  department's ability to take appropriate action where a
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    Florida Senate - 2003                           CS for SB 2338
    319-2370-03
 1  beneficial use can be demonstrated to be causing violations of
 2  applicable air or water quality standards or criteria in
 3  department rules, or where such beneficial use poses a
 4  significant risk to public health. This section shall not be
 5  construed to limit any other requirements that are applicable
 6  to the beneficial use of fossil fuel combustion products that
 7  are established under chapters 376 or this chapter, or under
 8  local or federal laws, including, without limitation,
 9  requirements governing air pollution control permits, national
10  pollutant discharge elimination system permits, and water
11  quality certifications pursuant to Section 401 of the Clean
12  Water Act.
13         (2)  The handling, processing, and storage of fossil
14  fuel combustion products destined for beneficial use shall be
15  in accordance with applicable department rules, and shall be
16  conducted in a manner that does not cause violations of
17  applicable air or water quality standards or criteria in
18  department rules, or pose a significant risk to human health.
19         (3)  As used in this section:
20         (a)  "Fossil fuel combustion products" means fly ash,
21  bottom ash, slag, flue gas desulfurization system products,
22  gasified products, fluidized bed combustion system products,
23  and other similar combustion products from the operation of a
24  fossil fuel-fired electric or steam generation facility, from
25  a clean coal or other innovative technology process at a
26  fossil fuel-fired electric or steam generation facility, or
27  any combination thereof.
28         (b)  "Fossil fuel-fired electric or steam generation
29  facility" includes any electric or steam generation facility
30  that is fueled with coal, alone or in combination with
31  petroleum coke, oil, natural gas, other fossil fuels,
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    Florida Senate - 2003                           CS for SB 2338
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 1  renewable energy materials, or refuse-derived fuel where the
 2  refuse-derived fuel does not exceed 10 percent of the total
 3  annual fuel input of a unit located at a fossil fuel-fired
 4  electric or steam generation facility.
 5         (c)  "Beneficial use" means the use of fossil fuel
 6  combustion products or materials that incorporate fossil fuel
 7  combustion products as substitutes for raw materials or as
 8  necessary ingredients or additives in other products according
 9  to accepted industry practices. Beneficial uses include the
10  following, except that subparagraphs 1. through 7. shall apply
11  only to fossil fuel combustion products from fossil fuel-fired
12  electric or steam generation facilities that are fueled
13  primarily with coal:
14         1.  Uses involving encapsulation, including pavement
15  aggregate, asphalt, concrete or cement products, flowable
16  fill, and roller compacted concrete;
17         2.  Uses as a substitute for aggregate in products,
18  including roofing materials or blasting grit;
19         3.  Uses in wallboard products, plastics, paint, and
20  insulation products;
21         4.  Uses in  metallurgical applications;
22         5.  Use as filter cloth precoat for sludge dewatering;
23         6.  Use for extraction or recovery of materials and
24  compounds contained within fossil fuel combustion products;
25         7.  Use as initial or intermediate cover material for
26  lined Class I, II, or III landfills, provided that it meets
27  applicable department rules for landfill cover; and
28         8.  Any other use authorized by the department in
29  accordance with subsection (4).
30         (4)(a)  By January 1, 2004, the department shall
31  initiate rulemaking to provide criteria for the purpose of
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    Florida Senate - 2003                           CS for SB 2338
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 1  approving beneficial uses of fossil fuel combustion products
 2  not already established under subsection (3). Such beneficial
 3  uses may include, but are not limited to, the use of fossil
 4  fuel combustion products for structural fill, pipe bedding
 5  aggregate, paving subbase, waste stabilization, agronomic
 6  applications, land reclamation, or other application to land.
 7  Nothing in this section shall be construed to limit the
 8  department's authority to approve the beneficial use of
 9  materials other than fossil fuel combustion products as
10  defined in this section pursuant to other provisions of this
11  chapter.
12         (b)  Such rules shall also address:
13         1.  Creation of a demonstration and approval process
14  for the beneficial use of fossil fuel combustion products as
15  set forth in this subsection on a site-specfic or state-wide
16  basis where reasonable assurance is provided that applicable
17  department air or water quality standards or criteria in
18  department rules will not be violated and the beneficial use
19  will not pose a significant risk to human health. This process
20  shall authorize the beneficial use of fossil fuel combustion
21  products as replacements for raw materials or products where
22  it can be demonstrated that the potential impact on public
23  health and the environment will be essentially equivalent to
24  that of those replaced raw materials or products;
25         2.  The on-site and off-site management of fossil fuel
26  combustion products destined for beneficial use. For off-site
27  management, the department shall develop appropriate best
28  management practices that are designed to allow flexibility in
29  the management of these products, and that take into account
30  the relative environmental impact posed by the management of
31  raw materials or products that are similar to the fossil fuel
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    Florida Senate - 2003                           CS for SB 2338
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 1  combustion products being managed so as not to impede the
 2  purposes of this section to promote the beneficial use of
 3  fossil fuel combustion products. Fossil fuel combustion
 4  products that are destined for beneficial use and that are
 5  managed in accordance with department rules shall not be
 6  regulated as solid waste;
 7         3.  Public participation in accordance with applicable
 8  provisions of ch. 120;
 9         4.  Appropriate beneficial uses of fossil fuel
10  combustion products from fossil fuel-fired electric or steam
11  generating facilities that burn primarily petroleum coke in
12  combination with coal, which may include some or all of those
13  uses specified in subparagraphs (3)(c)1. through 7.
14         Section 2.  Paragraph (a) of subsection (6) of section
15  403.087, Florida Statutes, is amended to read:
16         403.087  Permits; general issuance; denial; revocation;
17  prohibition; penalty.--
18         (6)(a)  The department shall require a processing fee
19  in an amount sufficient, to the greatest extent possible, to
20  cover the costs of reviewing and acting upon any application
21  for a permit or request for site-specific alternative criteria
22  or for an exemption from water quality criteria and to cover
23  the costs of surveillance and other field services and related
24  support activities associated with any permit or plan approval
25  issued pursuant to this chapter. However, when an application
26  is received without the required fee, the department shall
27  acknowledge receipt of the application and shall immediately
28  return the unprocessed application to the applicant and shall
29  take no further action until the application is received with
30  the appropriate fee. The department shall adopt a schedule of
31  fees by rule, subject to the following limitations:
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    Florida Senate - 2003                           CS for SB 2338
    319-2370-03
 1         1.  The fee for any of the following may not exceed
 2  $32,500:
 3         a.  Hazardous waste, construction permit.
 4         b.  Hazardous waste, operation permit.
 5         c.  Hazardous waste, postclosure permit, or clean
 6  closure plan approval.
 7         d.  Hazardous waste, corrective action permit.
 8         2.  The permit fee for a Class I injection well
 9  construction permit may not exceed $12,500.
10         3.  The permit fee for any of the following permits may
11  not exceed $10,000:
12         a.  Solid waste, construction permit.
13         b.  Solid waste, operation permit.
14         c.  Class I injection well, operation permit.
15         4.  The permit fee for any of the following permits may
16  not exceed $7,500:
17         a.  Air pollution, construction permit.
18         b.  Solid waste, closure permit.
19         c.  Drinking water, construction or operation permit.
20         d.  Domestic waste residuals, construction or operation
21  permit.
22         e.  Industrial waste, operation permit.
23         f.  Industrial waste, construction permit.
24         5.  The permit fee for any of the following permits may
25  not exceed $5,000:
26         a.  Domestic waste, operation permit.
27         b.  Domestic waste, construction permit.
28         6.  The permit fee for any of the following permits may
29  not exceed $4,000:
30         a.  Wetlands resource management--(dredge and fill),
31  standard form permit.
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    Florida Senate - 2003                           CS for SB 2338
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 1         b.  Hazardous waste, research and development permit.
 2         c.  Air pollution, operation permit, for sources not
 3  subject to s. 403.0872.
 4         d.  Class III injection well, construction, operation,
 5  or abandonment permits.
 6         7.  The permit fee for Class V injection wells,
 7  construction, operation, and abandonment permits may not
 8  exceed $750.
 9         8.  The permit fee for any of the following permits may
10  not exceed $500:
11         a.  Domestic waste, collection system permits.
12         b.  Wetlands resource management--(dredge and fill and
13  mangrove alterations), short permit form.
14         c.  Drinking water, distribution system permit.
15         9.  The permit fee for stormwater operation permits may
16  not exceed $100.
17         10.  The general permit fees for permits that require
18  certification by a registered professional engineer or
19  professional geologist may not exceed $500.  The general
20  permit fee for other permit types may not exceed $100.
21         11.  The fee for a permit issued pursuant to s. 403.816
22  is $5,000, and the fee for any modification of such permit
23  requested by the applicant is $1,000.
24         12.  The regulatory program and surveillance fees for
25  facilities permitted pursuant to s. 403.088 or s. 403.0885, or
26  for facilities permitted pursuant to s. 402 of the Clean Water
27  Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
28  department has been granted administrative authority, shall be
29  limited as follows:
30         a.  The fees for domestic wastewater facilities shall
31  not exceed $7,500 annually.  The department shall establish a
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    Florida Senate - 2003                           CS for SB 2338
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 1  sliding scale of fees based on the permitted capacity and
 2  shall ensure smaller domestic waste dischargers do not bear an
 3  inordinate share of costs of the program.
 4         b.  The annual fees for industrial waste facilities
 5  shall not exceed $11,500. The department shall establish a
 6  sliding scale of fees based upon the volume, concentration, or
 7  nature of the industrial waste discharge and shall ensure
 8  smaller industrial waste dischargers do not bear an inordinate
 9  share of costs of the program.
10         c.  The department may establish a fee, not to exceed
11  the amounts in subparagraphs 4. and 5., to cover additional
12  costs of review required for permit modification or
13  construction engineering plans.
14         Section 3.  Subsection (1) of section 403.722, Florida
15  Statutes, is amended to read:
16         403.722  Permits; hazardous waste disposal, storage,
17  and treatment facilities.--
18         (1)  Each person who intends to construct, modify,
19  operate, or close a hazardous waste disposal, storage, or
20  treatment facility must shall obtain a construction permit,
21  operation permit, postclosure permit, or clean closure plan
22  approval, or corrective action permit from the department
23  prior to constructing, modifying, operating, or closing the
24  facility.  By rule, the department may provide for the
25  issuance of a single permit instead of any two or more
26  hazardous waste facility permits.
27         Section 4.  Subsection (17) of section 403.703, Florida
28  Statutes, is amended, and subsections (45), (46), and (47) are
29  added to that section, to read:
30         403.703  Definitions.--As used in this act, unless the
31  context clearly indicates otherwise, the term:
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    Florida Senate - 2003                           CS for SB 2338
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 1         (17)  "Construction and demolition debris" means
 2  discarded materials generally considered to be not
 3  water-soluble and nonhazardous in nature, including, but not
 4  limited to, steel, glass, brick, concrete, asphalt roofing
 5  material, pipe, gypsum wallboard, and lumber, from the
 6  construction or destruction of a structure as part of a
 7  construction or demolition project or from the renovation of a
 8  structure, and including rocks, soils, tree remains, trees,
 9  and other vegetative matter that normally results from land
10  clearing or land development operations for a construction
11  project, including such debris from construction of structures
12  at a site remote from the construction or demolition project
13  site. Mixing of construction and demolition debris with other
14  types of solid waste will cause it to be classified as other
15  than construction and demolition debris. The term also
16  includes:
17         (a)  Clean cardboard, paper, plastic, wood, and metal
18  scraps from a construction project;
19         (b)  Except as provided in s. 403.707(12)(j),
20  unpainted, nontreated wood scraps from facilities
21  manufacturing materials used for construction of structures or
22  their components and unpainted, nontreated wood pallets
23  provided the wood scraps and pallets are separated from other
24  solid waste where generated and the generator of such wood
25  scraps or pallets implements reasonable practices of the
26  generating industry to minimize the commingling of wood scraps
27  or pallets with other solid waste; and
28         (c)  Nonhazardous fiber-reinforced cement scrap waste
29  from facilities manufacturing fiber-reinforced cement products
30  for the construction industry, if the waste is separated from
31  other solid waste where generated and the generator of such
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    Florida Senate - 2003                           CS for SB 2338
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 1  waste implements reasonable practices of the generating
 2  industry to minimize commingling of the fiber-reinforced
 3  cement scrap waste with other solid waste; and
 4         (d)(c)  De minimis amounts of other nonhazardous wastes
 5  that are generated at construction or destruction projects,
 6  provided such amounts are consistent with best management
 7  practices of the industry.
 8         (45)  "Biomass" means a power source that is comprised
 9  of, but not limited to, combustible residues or gasses from
10  forest products manufacturing, agricultural and orchard crops,
11  waste products from livestock and poultry operations and food
12  processing, urban wood waste, municipal solid waste, municipal
13  liquid waste treatment operations, and landfill.
14         (46)  "Green energy" means renewable energy.
15         (47)  "Renewable energy" means electricity generated
16  from any method or process that uses one or more of the
17  following sources of energy: biomass, municipal solid waste,
18  geothermal energy, solar energy, wind energy, wood waste,
19  ocean thermal gradient power, hydroelectric power, landfill
20  gas, and agricultural products and by-products.
21         Section 5.  This act shall take effect July 1, 2003.
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    Florida Senate - 2003                           CS for SB 2338
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2338
 3                                 
 4  The Committee Substitute for SB 2338:
 5  -changes allowed beneficial uses of fossil fuel combustion
    products;
 6  
    -requires the Department of Environmental Protection to adopt
 7  rules for approval of additional allowable uses of the
    products;
 8  
    -authorizes additional rules;
 9  
    -provides that nothing in the section limits DEP's ability to
10  take appropriate action where a beneficial use is causing
    violations of air or water quality standards;
11  
    -requires that handling, processing, and storage of fossil
12  fuel combustion products be in accordance with DEP rules and
    not cause a violation of air or water quality standards, or
13  pose a significant risk to human health;
14  -creates a definition of fossil fuel-fired electric or steam
    generation facility;
15  
    -allows DEP to issue a hazardous waste corrective action
16  permit;
17  -provides that nonhazardous fiber reinforced cement scrap is
    construction and demolition debris; and
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    -defines the terms biomass, green energy, and renewable
19  energy.
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