Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 682
                                Barcode 379170                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                

       The Committee on Environmental Preservation and Conservation
       (Simpson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.7047, Florida Statutes, is created
    6  to read:
    7         403.7047 Regulation of fossil fuel combustion products.—
    8         (1) As used in this section, the term:
    9         (a) “Beneficial use” means the use of fossil fuel
   10  combustion products as building products, substitutes for raw
   11  materials, necessary ingredients, or additives in products,
   12  according to accepted industry practices, including the
   13  following:
   14         1. Asphalt, concrete or cement products, flowable fill, and
   15  roller-compacted concrete.
   16         2.Structural fill or pavement aggregate that meets the
   17  following requirements:
   18         a. The fossil fuel combustion product is not in contact
   19  with groundwater, surface water bodies, or wetlands and is not
   20  placed within 100 feet of a potable well that is being used or
   21  might be used for human or livestock water consumption; and
   22         b. The placement of the fossil fuel combustion product does
   23  not extend beyond the outside edge of the structure or pavement.
   24  Placement of the structure or pavement must be completed as soon
   25  as practicable after placement of the fossil fuel combustion
   26  product.
   27         3. Use of flue-gas emission control materials which meet
   28  the definition of gypsum and are used in accordance with
   29  applicable Florida Department of Agriculture and Consumer
   30  Services rules.
   31         4.Waste stabilization, or initial or intermediate cover
   32  material used for lined Class I or III landfills, provided that
   33  the material meets applicable department rules for landfill
   34  cover or a landfill’s permit conditions for cover.
   35         5. Any other use that meets the criteria of
   36  s.403.7045(1)(f) or that is approved by the department prior to
   37  use as having an equivalent or reduced potential for
   38  environmental impacts, when used in equivalent quantities,
   39  compared to the substituted raw products or materials.
   40         (b)“Fossil fuel combustion products” means fly ash, bottom
   41  ash, boiler slag, flue-gas emission control materials, and other
   42  non-hazardous materials, such as gasifier slag, fluidized-bed
   43  combustion system products, and similar combustion materials
   44  produced from the operation of a fossil fuel-fired electric or
   45  steam generation facility, from a clean coal or other innovative
   46  technology process at a fossil fuel-fired electric or steam
   47  generation facility, or from any combination thereof.
   48         (c)“Fossil fuel-fired electric or steam generation
   49  facility” means any electric or steam generation facility that
   50  is fueled with coal, alone or in combination with petroleum
   51  coke, oil, coal gas, natural gas, other fossil fuels, or
   52  alternative fuels.
   53         (d)“Pavement aggregate” means fossil fuel combustion
   54  products used as sub-base material under a paved road, sidewalk,
   55  walkway, or parking lot as a substitute for conventional
   56  aggregate, raw material, or soil.
   57         (e)“Structural fill” means the use of a fossil fuel
   58  combustion product as a substitute for a conventional aggregate,
   59  raw material, or soil under an industrial or commercial building
   60  or structure. Structural fill does not include uses of fossil
   61  fuel combustion products that involve general filling or grading
   62  operations or valley fills.
   63         (2)The storage of fossil fuel combustion products destined
   64  for beneficial use must comply with applicable department rules
   65  and be conducted in a manner that does not pose a significant
   66  risk to public health or violate applicable air or water quality
   67  standards.
   68         (3)Fossil fuel combustion products beneficially used in
   69  accordance with this section are not subject to regulation as a
   70  solid or hazardous waste, but the department may take
   71  appropriate action if the beneficial use is demonstrated to be
   72  causing violations of applicable air or water quality standards
   73  or criteria in department rules, or if such beneficial use poses
   74  a significant risk to public health.  This section does not
   75  limit any other requirements applicable to the beneficial use of
   76  fossil fuel combustion products established under this chapter
   77  or chapter 376 or under local or federal laws, including
   78  requirements governing air pollution control permits, national
   79  pollutant discharge elimination system permits, and water
   80  quality certifications pursuant to s. 401 of the Clean Water
   81  Act.
   82         (4)Nothing in this section shall be construed to limit the
   83  department’s authority to approve the beneficial use of
   84  materials other than fossil fuel combustion products as defined
   85  in this section pursuant to other provisions of this part. This
   86  section may not be construed to limit or otherwise modify any
   87  fossil fuel combustion product beneficial use previously
   88  approved by the department, use in the onsite construction of
   89  surface impoundments, roads, or similar works at fossil fuel
   90  fired electric or steam generation facilities, or the recovery
   91  of these products for beneficial use from fossil fuel combustion
   92  product landfills, impoundments, or storage areas.
   93         Section 2. Section 403.7222, Florida Statutes, is amended
   94  to read:
   95         403.7222 Prohibition of hazardous waste landfills.—
   96         (1) As used in this section, the term “hazardous waste
   97  landfill” means a disposal facility or part of a facility at
   98  which hazardous waste that has not undergone treatment is placed
   99  in or on land, including an injection well, which is not a land
  100  treatment facility. However, hazardous waste may not be disposed
  101  of through an injection well or other subsurface method of
  102  disposal, which is defined as a Class IV well in 40 C.F.R. s.
  103  144.6(d), except those Class I wells permitted for hazardous
  104  waste disposal as of January 1, 1992. The department shall
  105  annually review the operations of any such Class I well
  106  permitted as of January 1, 1992, and prepare a report analyzing
  107  any impact on groundwater systems. Nothing in This section may
  108  not shall be construed to refer to the products of membrane
  109  technology, including reverse osmosis, for the production of
  110  potable water where disposal is through a Class I well as
  111  defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or
  112  corrective action activities conducted in accordance with 40
  113  C.F.R. s. 144.13.
  114         (2) The Legislature declares that, due to the permeability
  115  of the soil and high water table in Florida, future hazardous
  116  waste landfills are prohibited. Therefore, the department may
  117  not issue a permit pursuant to s. 403.722 for a newly
  118  constructed hazardous waste landfill. However, if by executive
  119  order the Governor declares a hazardous waste management
  120  emergency, the department may issue a permit for a temporary
  121  hazardous waste landfill. Any such landfill shall be used only
  122  until such time as an appropriate alternative method of disposal
  123  can be derived and implemented. Such a permit may not be issued
  124  for a period exceeding 6 months without a further declaration of
  125  the Governor. A Class IV injection well, as defined in 40 C.F.R.
  126  s. 144.6(d), may not be permitted for construction or operation
  127  under this section.
  128         (3) This section does not prohibit the department from
  129  banning the disposal of hazardous waste in other types of waste
  130  management units in a manner consistent with federal
  131  requirements, except as provided under s. 403.804(2).
  132         (4)This section does not apply to a disposal facility or
  133  part of a facility that accepts fly ash, bottom ash, boiler
  134  slag, or flue-gas emission control materials from the operation
  135  of a fossil fuel-fired electric or steam generation facility,
  136  from a clean coal or other innovative technology process at a
  137  fossil fuel-fired electric or steam generation facility, or from
  138  any combination thereof.
  139         Section 3. This act shall take effect July 1, 2013.
  141  ================= T I T L E  A M E N D M E N T ================
  142         And the title is amended as follows:
  143         Delete everything before the enacting clause
  144  and insert:
  145                        A bill to be entitled                      
  146         An act relating to fossil fuel combustion products;
  147  creating s. 403.7047, F.S.; providing definitions; providing
  148  standards for storage of certain fossil fuel combustion
  149  products; providing an exemption for beneficial use of fossil
  150  fuel combustion products from certain rules; providing that the
  151  act does not prohibit the Department of Environmental Protection
  152  from taking appropriate action to regulate a beneficial use in
  153  certain circumstances; providing that the act does not limit
  154  other requirements applicable to the beneficial use of fossil
  155  fuel combustion products; providing that the act does not limit
  156  the recovery of beneficial use products or the authority of the
  157  department to approve the beneficial use of materials other than
  158  fossil fuel combustion products; clarifying that the act does
  159  not limit or modify any fossil fuel combustion product
  160  beneficial use previously approved by the department; amending
  161  s. 403.7222, F.S.; excluding certain types of facilities from
  162  provisions on hazardous waste landfills; providing an effective
  163  date.
  165         WHEREAS, fossil fuel combustion products are currently used
  166  in a variety of beneficial applications, and
  167         WHEREAS, beneficial use of fossil fuel combustion products
  168  allows certain industries and end users to avoid the mining and
  169  processing of virgin materials through the substitution of
  170  fossil fuel combustion products for virgin materials, thereby
  171  preserving natural resources and minimizing environmental
  172  emissions, and
  173         WHEREAS, beneficial use of fossil fuel combustion products
  174  reduces the volume of materials placed in disposal facilities
  175  and ultimately lowers overall energy consumption required for
  176  processing and disposing of fossil fuel combustion products, and
  177         WHEREAS, beneficial use of fossil fuel combustion products
  178  promotes economic activity, and
  179         WHEREAS, beneficial use of fossil fuel combustion products
  180  is consistent with the purpose of Florida’s Resource Recovery
  181  and Management Act and furthers the purpose of the act by
  182  encouraging waste reduction and recycling as a means of managing
  183  solid waste and conserving resources, and
  184         WHEREAS, after balancing all the competing needs of the
  185  state, the Legislature has determined that it is in the state’s
  186  best interest to conserve natural resources, reduce overall
  187  energy consumption, reduce or eliminate the need to dispose of
  188  fossil fuel combustion products in disposal facilities, and
  189  facilitate the development of readily available markets for
  190  fossil fuel combustion products, NOW, THEREFORE,