Florida Senate - 2013                                     SB 682
       By Senator Simpson
       18-00353A-13                                           2013682__
    1                        A bill to be entitled                      
    2         An act relating to fossil fuel combustion products;
    3         creating s. 403.7047, F.S.; providing definitions;
    4         providing standards for storage of certain fossil fuel
    5         combustion products; providing an exemption for
    6         beneficial use of fossil fuel combustion products from
    7         certain rules; providing that the act does not
    8         prohibit the Department of Environmental Protection
    9         from taking appropriate action to regulate a
   10         beneficial use in certain circumstances; providing
   11         that the act does not limit other requirements
   12         applicable to the beneficial use of fossil fuel
   13         combustion products; providing that the act does not
   14         limit the recovery of beneficial use products or the
   15         authority of the department to approve the beneficial
   16         use of materials other than fossil fuel combustion
   17         products; clarifying that the act does not limit or
   18         modify any fossil fuel combustion product beneficial
   19         use previously approved by the department; amending s.
   20         403.7222, F.S.; excluding certain types of facilities
   21         from provisions on hazardous waste landfills;
   22         providing an effective date.
   24         WHEREAS, fossil fuel combustion products are currently used
   25  in a variety of beneficial applications, and
   26         WHEREAS, beneficial use of fossil fuel combustion products
   27  allows certain industries and end users to avoid the mining and
   28  processing of virgin materials through the substitution of
   29  fossil fuel combustion products for virgin materials, thereby
   30  preserving natural resources and minimizing environmental
   31  emissions, and
   32         WHEREAS, beneficial use of fossil fuel combustion products
   33  reduces the volume of materials placed in disposal facilities
   34  and ultimately lowers overall energy consumption required for
   35  processing and disposing of fossil fuel combustion products, and
   36         WHEREAS, beneficial use of fossil fuel combustion products
   37  promotes economic activity, and
   38         WHEREAS, beneficial use of fossil fuel combustion products
   39  is consistent with the purpose of Florida’s Resource Recovery
   40  and Management Act and furthers the purpose of the act by
   41  encouraging waste reduction and recycling as a means of managing
   42  solid waste and conserving resources, and
   43         WHEREAS, after balancing all the competing needs of the
   44  state, the Legislature has determined that it is in the state’s
   45  best interest to conserve natural resources, reduce overall
   46  energy consumption, reduce or eliminate the need to dispose of
   47  fossil fuel combustion products in disposal facilities, and
   48  facilitate the development of readily available markets for
   49  fossil fuel combustion products, NOW, THEREFORE,
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Section 403.7047, Florida Statutes, is created
   54  to read:
   55         403.7047Regulation of fossil fuel combustion products.
   56         (1) As used in this section, the term:
   57         (a) “Beneficial use” means the use of fossil fuel
   58  combustion products as substitutes for raw materials or
   59  products, or as necessary ingredients or additives in other
   60  products according to accepted industry practices. The term
   61  includes the following:
   62         1. Encapsulation, including asphalt, concrete or cement
   63  products, flowable fill, and roller-compacted concrete.
   64         2. Structural fill, pavement aggregate, or pipe-bedding
   65  aggregate that meets the following requirements:
   66         a. The fossil fuel combustion product is not in contact
   67  with groundwater, surface water bodies, or wetlands and is not
   68  placed within 25 feet of a potable well that is being used or
   69  might be used for human or livestock water consumption; and
   70         b. The placement of the fossil fuel combustion product does
   71  not extend more than 4 feet beyond the outside edge of the
   72  structure, pavement, or pipeline. Placement of the structure,
   73  pavement, or pipeline must be completed as soon as practical
   74  after placement of the fill materials.
   75         3. Substitute for roofing materials, blasting grit, or
   76  aggregate in products.
   77         4. Fertilizer products, including the use of flue-gas
   78  emission control materials, in accordance with applicable
   79  requirements of the Department of Agriculture and Consumer
   80  Services.
   81         5. Wallboard products, plastics, paints, and insulation
   82  products.
   83         6. Metallurgical applications.
   84         7. Filter cloth precoat for sludge dewatering.
   85         8. Extraction or recovery of materials and compounds
   86  contained within fossil fuel combustion products.
   87         9. Waste stabilization or initial or intermediate cover
   88  material used for lined Class I, Class II, or Class III
   89  landfills, provided that the material meets applicable
   90  department rules for landfill cover or a landfill’s permit
   91  conditions for cover.
   92         10. Land application use for an agronomic value, land
   93  reclamation, or pilot demonstration project, or any other use
   94  that meets the criteria of s. 403.7045(1)(f) or can be
   95  demonstrated to have an equivalent or reduced potential for
   96  environmental impacts when compared to the raw products or
   97  materials other than the fossil fuel combustion products that
   98  are currently used for a similar purpose.
   99         (b) “Fossil fuel combustion products” means fly ash; bottom
  100  ash; boiler slag; flue-gas emission control materials, including
  101  blowdown; and other nonhazardous materials, such as gasifier
  102  slag, fluidized-bed combustion system products, and similar
  103  combustion materials produced from the operation of a fossil
  104  fuel-fired electric or steam generation facility, from a clean
  105  coal or other innovative technology process at a fossil fuel
  106  fired electric or steam generation facility, or from any
  107  combination thereof.
  108         (c) “Fossil fuel-fired electric or steam generation
  109  facility” means any electric or steam generation facility that
  110  is fueled with coal, alone or in combination with petroleum
  111  coke, oil, coal gas, natural gas, other fossil fuels, or
  112  alternative fuels.
  113         (d)“Pavement aggregate” means fossil fuel combustion
  114  products used as sub-base material under or immediately adjacent
  115  to a paved road, sidewalk, walkway, or parking lot as a
  116  substitute for conventional aggregate, raw material, or soil.
  117         (e)“Pipe-bedding aggregate” means fossil fuel combustion
  118  products used as a substitute for conventional aggregate, raw
  119  material, or soil under, around, or immediately adjacent to a
  120  water, sewer, or other pipeline.
  121         (f)“Structural fill” means the use of a fossil fuel
  122  combustion product as a substitute for a conventional aggregate,
  123  raw material, or soil under or immediately adjacent to an
  124  industrial or commercial building or structure. Structural fill
  125  does not include uses of fossil fuel combustion products that
  126  involve general filling or grading operations or valley fills.
  127         (2)The storage of fossil fuel combustion products destined
  128  for beneficial use must comply with applicable department rules
  129  and be conducted in a manner that does not pose a significant
  130  risk to public health or violate applicable air or water quality
  131  standards.
  132         (3) The beneficial use of fossil fuel combustion products
  133  as provided in this section is exempt from regulation pursuant
  134  to this part and rules hereunder, but the department may take
  135  appropriate action if the beneficial use is demonstrated to be
  136  causing violations of applicable air or water quality standards
  137  or criteria in department rules, or if such beneficial use poses
  138  a significant risk to public health. This section does not limit
  139  any other requirements applicable to the beneficial use of
  140  fossil fuel combustion products established under this chapter
  141  or chapter 376 or under local or federal laws, including
  142  requirements governing air pollution control permits, national
  143  pollutant discharge elimination system permits, and water
  144  quality certifications pursuant to s. 401 of the Clean Water
  145  Act.
  146         (4) Nothing in this section shall be construed to limit the
  147  department’s authority to approve the beneficial use of
  148  materials other than fossil fuel combustion products as defined
  149  in this section pursuant to other provisions of this part. This
  150  section may not be construed to limit or otherwise modify any
  151  fossil fuel combustion product beneficial use previously
  152  approved by the department, or the recovery of these products
  153  for beneficial use from fossil fuel combustion product
  154  landfills, impoundments, or storage areas.
  155         Section 2. Section 403.7222, Florida Statutes, is amended
  156  to read:
  157         403.7222 Prohibition of hazardous waste landfills.—
  158         (1) As used in this section, the term “hazardous waste
  159  landfill” means a disposal facility or part of a facility at
  160  which hazardous waste that has not undergone treatment is placed
  161  in or on land, including an injection well, which is not a land
  162  treatment facility. However, hazardous waste may not be disposed
  163  of through an injection well or other subsurface method of
  164  disposal, which is defined as a Class IV well in 40 C.F.R. s.
  165  144.6(d), except those Class I wells permitted for hazardous
  166  waste disposal as of January 1, 1992. The department shall
  167  annually review the operations of any such Class I well
  168  permitted as of January 1, 1992, and prepare a report analyzing
  169  any impact on groundwater systems. Nothing in This section may
  170  not shall be construed to refer to the products of membrane
  171  technology, including reverse osmosis, for the production of
  172  potable water where disposal is through a Class I well as
  173  defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or
  174  corrective action activities conducted in accordance with 40
  175  C.F.R. s. 144.13.
  176         (2) The Legislature declares that, due to the permeability
  177  of the soil and high water table in Florida, future hazardous
  178  waste landfills are prohibited. Therefore, the department may
  179  not issue a permit pursuant to s. 403.722 for a newly
  180  constructed hazardous waste landfill. However, if by executive
  181  order the Governor declares a hazardous waste management
  182  emergency, the department may issue a permit for a temporary
  183  hazardous waste landfill. Any such landfill shall be used only
  184  until such time as an appropriate alternative method of disposal
  185  can be derived and implemented. Such a permit may not be issued
  186  for a period exceeding 6 months without a further declaration of
  187  the Governor. A Class IV injection well, as defined in 40 C.F.R.
  188  s. 144.6(d), may not be permitted for construction or operation
  189  under this section.
  190         (3) This section does not prohibit the department from
  191  banning the disposal of hazardous waste in other types of waste
  192  management units in a manner consistent with federal
  193  requirements, except as provided under s. 403.804(2).
  194         (4)This section does not apply to a disposal facility or
  195  part of a facility that accepts fly ash, bottom ash, boiler
  196  slag, or flue-gas emission control materials, including
  197  blowdown, from the operation of a fossil fuel-fired electric or
  198  steam generation facility, from a clean coal or other innovative
  199  technology process at a fossil fuel-fired electric or steam
  200  generation facility, or from any combination thereof.
  201         Section 3. This act shall take effect July 1, 2013.