Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 682
                                Barcode 764118                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  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 substitutes for raw materials or
   11  products, or as necessary ingredients or additives in other
   12  products 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 25 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 more than 4 feet beyond the outside edge of the
   24  structure or pavement and is covered with 2 feet of soil.
   25  Placement of the structure, pavement, or soil must be completed
   26  as soon as practicable after placement of the fossil fuel
   27  combustion product.
   28         3. Roofing materials, blasting grit, or aggregate in
   29  products.
   30         4. Use of flue-gas emission control materials, which meet
   31  the definition of gypsum and are used in accordance with
   32  applicable Department of Agriculture and Consumer Services
   33  rules.
   34         5. Wallboard products, plastics, paints, and insulation
   35  products.
   36         6. Extraction or recovery of materials and compounds
   37  contained within fossil fuel combustion products.
   38         7. Waste stabilization or initial or intermediate cover
   39  material used for lined Class I or Class III landfills, provided
   40  that the material meets applicable department rules for landfill
   41  cover or a landfill’s permit conditions for cover.
   42         8. Any other use that meets the criteria of s.
   43  403.7045(1)(f) or that is approved by the department before use
   44  as having an equivalent or reduced potential for environmental
   45  impacts, when used in equivalent quantities, compared to the
   46  substituted raw products or materials.
   47         (b) “Fossil fuel combustion products” means fly ash, bottom
   48  ash, boiler slag, flue-gas emission control materials, and other
   49  nonhazardous materials, such as gasifier slag, fluidized-bed
   50  combustion system products, and similar combustion materials
   51  produced from the operation of a fossil fuel-fired electric or
   52  steam generation facility, from a clean coal or other innovative
   53  technology process at a fossil fuel-fired electric or steam
   54  generation facility, or from any combination thereof.
   55         (c) “Fossil fuel-fired electric or steam generation
   56  facility” means any electric or steam generation facility that
   57  is fueled with coal, alone or in combination with petroleum
   58  coke, oil, coal gas, natural gas, other fossil fuels, or
   59  alternative fuels.
   60         (d) “Pavement aggregate” means fossil fuel combustion
   61  products used as sub-base material under or immediately adjacent
   62  to a paved road, sidewalk, walkway, or parking lot as a
   63  substitute for conventional aggregate, raw material, or soil.
   64         (e) “Structural fill” means the use of a fossil fuel
   65  combustion product as a substitute for a conventional aggregate,
   66  raw material, or soil under or immediately adjacent to an
   67  industrial or commercial building or structure. Structural fill
   68  does not include uses of fossil fuel combustion products that
   69  involve general filling or grading operations or valley fills.
   70         (2) The storage of fossil fuel combustion products destined
   71  for beneficial use must comply with applicable department rules
   72  and be conducted in a manner that does not pose a significant
   73  risk to public health or violate applicable air or water quality
   74  standards.
   75         (3) Fossil fuel combustion products beneficially used in
   76  accordance with this section are not subject to regulation as a
   77  solid or hazardous waste, but the department may take
   78  appropriate action if the beneficial use is demonstrated to be
   79  causing violations of applicable air or water quality standards
   80  or criteria in department rules, or if such beneficial use poses
   81  a significant risk to public health. This section does not limit
   82  any other requirements applicable to the beneficial use of
   83  fossil fuel combustion products established under this chapter
   84  or chapter 376 or under local or federal laws, including
   85  requirements governing air pollution control permits, national
   86  pollutant discharge elimination system permits, and water
   87  quality certifications pursuant to s. 401 of the Clean Water
   88  Act.
   89         (4) Nothing in this section shall be construed to limit the
   90  department’s authority to approve the beneficial use of
   91  materials other than fossil fuel combustion products as defined
   92  in this section pursuant to other provisions of this part. This
   93  section may not be construed to limit or otherwise modify any
   94  fossil fuel combustion product beneficial use previously
   95  approved by the department, use in the onsite construction of
   96  surface impoundments, roads, or similar works at fossil fuel
   97  fired electric or steam generation facilities, or the recovery
   98  of these products for beneficial use from fossil fuel combustion
   99  product landfills, impoundments, or storage areas.
  100         Section 2. Section 403.7222, Florida Statutes, is amended
  101  to read:
  102         403.7222 Prohibition of hazardous waste landfills.—
  103         (1) As used in this section, the term “hazardous waste
  104  landfill” means a disposal facility or part of a facility at
  105  which hazardous waste that has not undergone treatment is placed
  106  in or on land, including an injection well, which is not a land
  107  treatment facility. However, hazardous waste may not be disposed
  108  of through an injection well or other subsurface method of
  109  disposal, which is defined as a Class IV well in 40 C.F.R. s.
  110  144.6(d), except those Class I wells permitted for hazardous
  111  waste disposal as of January 1, 1992. The department shall
  112  annually review the operations of any such Class I well
  113  permitted as of January 1, 1992, and prepare a report analyzing
  114  any impact on groundwater systems. Nothing in This section may
  115  not shall be construed to refer to the products of membrane
  116  technology, including reverse osmosis, for the production of
  117  potable water where disposal is through a Class I well as
  118  defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or
  119  corrective action activities conducted in accordance with 40
  120  C.F.R. s. 144.13.
  121         (2) The Legislature declares that, due to the permeability
  122  of the soil and high water table in Florida, future hazardous
  123  waste landfills are prohibited. Therefore, the department may
  124  not issue a permit pursuant to s. 403.722 for a newly
  125  constructed hazardous waste landfill. However, if by executive
  126  order the Governor declares a hazardous waste management
  127  emergency, the department may issue a permit for a temporary
  128  hazardous waste landfill. Any such landfill shall be used only
  129  until such time as an appropriate alternative method of disposal
  130  can be derived and implemented. Such a permit may not be issued
  131  for a period exceeding 6 months without a further declaration of
  132  the Governor. A Class IV injection well, as defined in 40 C.F.R.
  133  s. 144.6(d), may not be permitted for construction or operation
  134  under this section.
  135         (3) This section does not prohibit the department from
  136  banning the disposal of hazardous waste in other types of waste
  137  management units in a manner consistent with federal
  138  requirements, except as provided under s. 403.804(2).
  139         (4) This section does not apply to a disposal facility or
  140  part of a facility that accepts fly ash, bottom ash, boiler
  141  slag, or flue-gas emission control materials from the operation
  142  of a fossil fuel-fired electric or steam generation facility,
  143  from a clean coal or other innovative technology process at a
  144  fossil fuel-fired electric or steam generation facility, or from
  145  any combination thereof.
  146         Section 3. This act shall take effect July 1, 2013.
  148  ================= T I T L E  A M E N D M E N T ================
  149         And the title is amended as follows:
  150         Delete everything before the enacting clause
  151  and insert:
  152                        A bill to be entitled                      
  153         An act relating to fossil fuel combustion products;
  154         creating s. 403.7047, F.S.; providing definitions;
  155         providing standards for storage of certain fossil fuel
  156         combustion products; providing an exemption for
  157         beneficial use of fossil fuel combustion products from
  158         certain rules; providing that the act does not
  159         prohibit the Department of Environmental Protection
  160         from taking appropriate action to regulate a
  161         beneficial use in certain circumstances; providing
  162         that the act does not limit other requirements
  163         applicable to the beneficial use of fossil fuel
  164         combustion products; providing that the act does not
  165         limit the recovery of beneficial use products or the
  166         authority of the department to approve the beneficial
  167         use of materials other than fossil fuel combustion
  168         products; clarifying that the act does not limit or
  169         modify any fossil fuel combustion product beneficial
  170         use previously approved by the department; amending s.
  171         403.7222, F.S.; excluding certain types of facilities
  172         from provisions on hazardous waste landfills;
  173         providing an effective date.
  175         WHEREAS, fossil fuel combustion products are currently used
  176  in a variety of beneficial applications, and
  177         WHEREAS, beneficial use of fossil fuel combustion products
  178  allows certain industries and end users to avoid the mining and
  179  processing of virgin materials through the substitution of
  180  fossil fuel combustion products for virgin materials, thereby
  181  preserving natural resources and minimizing environmental
  182  emissions, and
  183         WHEREAS, beneficial use of fossil fuel combustion products
  184  reduces the volume of materials placed in disposal facilities
  185  and ultimately lowers overall energy consumption required for
  186  processing and disposing of fossil fuel combustion products, and
  187         WHEREAS, beneficial use of fossil fuel combustion products
  188  promotes economic activity, and
  189         WHEREAS, beneficial use of fossil fuel combustion products
  190  is consistent with the purpose of Florida’s Resource Recovery
  191  and Management Act and furthers the purpose of the act by
  192  encouraging waste reduction and recycling as a means of managing
  193  solid waste and conserving resources, and
  194         WHEREAS, after balancing all the competing needs of the
  195  state, the Legislature has determined that it is in the state’s
  196  best interest to conserve natural resources, reduce overall
  197  energy consumption, reduce or eliminate the need to dispose of
  198  fossil fuel combustion products in disposal facilities, and
  199  facilitate the development of readily available markets for
  200  fossil fuel combustion products, NOW, THEREFORE,