2013 Legislature             CS for CS for SB 682, 2nd Engrossed
    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         403.7047 Regulation 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 in building products, and as substitutes for
   59  raw materials, necessary ingredients, or additives in products,
   60  according to accepted industry practices, including the
   61  following:
   62         1. Asphalt, concrete or cement products, flowable fill, and
   63  roller-compacted concrete.
   64         2.Structural fill or pavement aggregate that meets the
   65  following requirements:
   66         a.The fossil fuel combustion product is not placed within
   67  3 feet of groundwater or 15 feet of wetlands or natural water
   68  bodies, or within 100 feet of a potable well that is being used
   69  or might be used for human or livestock water consumption;
   70         b. The placement of the fossil fuel combustion product does
   71  not extend beyond the outside edge of the structure or pavement.
   72  Placement of the structure or pavement must be completed as soon
   73  as practicable after placement of the fossil fuel combustion
   74  product;
   75         c. The fossil fuel combustion product is not placed so that
   76  such product, or any constituent thereof, may enter other lands
   77  or be emitted into the air or discharged into any waters,
   78  including groundwaters, or otherwise enter the environment in a
   79  manner that causes a significant threat to public health or
   80  contamination in excess of applicable department standards and
   81  criteria; and
   82         d. The owner or duly authorized agent of the owner of the
   83  property where the product is placed has given the department
   84  written notice, which may be submitted electronically, of the
   85  dates, placement locations, and types of fossil fuel combustion
   86  products used for structural fill or pavement aggregate.
   87         3. Use of flue-gas emission control materials which meet
   88  the definition of gypsum and are used in accordance with
   89  applicable Florida Department of Agriculture and Consumer
   90  Services rules.
   91         4.Waste stabilization, or initial or intermediate cover
   92  material used for lined Class I or III landfills, provided that
   93  the material meets applicable department rules for landfill
   94  cover or a landfill’s permit conditions for cover.
   95         5. Any other use that meets the criteria of s.
   96  403.7045(1)(f) or that is approved by the department prior to
   97  use as having an equivalent or reduced potential for
   98  environmental impacts, when used in equivalent quantities,
   99  compared to the substituted raw products or materials.
  100         (b)“Fossil fuel combustion products” means fly ash, bottom
  101  ash, boiler slag, flue-gas emission control materials, and other
  102  non-hazardous materials, such as gasifier slag, fluidized-bed
  103  combustion system products, and similar combustion materials
  104  produced from the operation of a fossil fuel-fired electric or
  105  steam generation facility, from a clean coal or other innovative
  106  technology process at a fossil fuel-fired electric or steam
  107  generation facility, or from any 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 a paved road, sidewalk,
  115  walkway, or parking lot as a substitute for conventional
  116  aggregate, raw material, or soil.
  117         (e)“Structural fill” means the use of a fossil fuel
  118  combustion product as a substitute for a conventional aggregate,
  119  raw material, or soil under an industrial or commercial building
  120  or structure. Structural fill does not include uses of fossil
  121  fuel combustion products that involve general filling or grading
  122  operations or valley fills.
  123         (2)The storage of fossil fuel combustion products destined
  124  for beneficial use must comply with applicable department rules
  125  and be conducted in a manner that does not pose a significant
  126  risk to public health or violate applicable air or water quality
  127  standards.
  128         (3)Fossil fuel combustion products beneficially used in
  129  accordance with this section are not subject to regulation as a
  130  solid or hazardous waste, but the department may take
  131  appropriate action if the beneficial use is demonstrated to be
  132  causing violations of applicable air or water quality standards
  133  or criteria in department rules, or if such beneficial use poses
  134  a significant risk to public health.  This section does not
  135  limit any other requirements applicable to the beneficial use of
  136  fossil fuel combustion products established under this chapter
  137  or chapter 376 or under local or federal laws, including
  138  requirements governing air pollution control permits, national
  139  pollutant discharge elimination system permits, and water
  140  quality certifications pursuant to s. 401 of the Clean Water
  141  Act.
  142         (4)Nothing in this section shall be construed to limit the
  143  department’s authority to approve the beneficial use of
  144  materials other than fossil fuel combustion products as defined
  145  in this section pursuant to other provisions of this part. This
  146  section may not be construed to limit or otherwise modify any
  147  fossil fuel combustion product beneficial use previously
  148  approved by the department, use in the onsite construction of
  149  surface impoundments, roads, or similar works at fossil fuel
  150  fired electric or steam generation facilities, or the recovery
  151  of these products for beneficial use from fossil fuel combustion
  152  product landfills, impoundments, or storage areas.
  153         Section 2. Section 403.7222, Florida Statutes, is amended
  154  to read:
  155         403.7222 Prohibition of hazardous waste landfills.—
  156         (1) As used in this section, the term “hazardous waste
  157  landfill” means a disposal facility or part of a facility at
  158  which hazardous waste that has not undergone treatment is placed
  159  in or on land, including an injection well, which is not a land
  160  treatment facility. However, hazardous waste may not be disposed
  161  of through an injection well or other subsurface method of
  162  disposal, which is defined as a Class IV well in 40 C.F.R. s.
  163  144.6(d), except those Class I wells permitted for hazardous
  164  waste disposal as of January 1, 1992. The department shall
  165  annually review the operations of any such Class I well
  166  permitted as of January 1, 1992, and prepare a report analyzing
  167  any impact on groundwater systems. Nothing in This section may
  168  not shall be construed to refer to the products of membrane
  169  technology, including reverse osmosis, for the production of
  170  potable water where disposal is through a Class I well as
  171  defined in 40 C.F.R. s. 144.6(a), or to refer to remedial or
  172  corrective action activities conducted in accordance with 40
  173  C.F.R. s. 144.13.
  174         (2) The Legislature declares that, due to the permeability
  175  of the soil and high water table in Florida, future hazardous
  176  waste landfills are prohibited. Therefore, the department may
  177  not issue a permit pursuant to s. 403.722 for a newly
  178  constructed hazardous waste landfill. However, if by executive
  179  order the Governor declares a hazardous waste management
  180  emergency, the department may issue a permit for a temporary
  181  hazardous waste landfill. Any such landfill shall be used only
  182  until such time as an appropriate alternative method of disposal
  183  can be derived and implemented. Such a permit may not be issued
  184  for a period exceeding 6 months without a further declaration of
  185  the Governor. A Class IV injection well, as defined in 40 C.F.R.
  186  s. 144.6(d), may not be permitted for construction or operation
  187  under this section.
  188         (3) This section does not prohibit the department from
  189  banning the disposal of hazardous waste in other types of waste
  190  management units in a manner consistent with federal
  191  requirements, except as provided under s. 403.804(2).
  192         (4)This section does not apply to a disposal facility or
  193  part of a facility that accepts fly ash, bottom ash, boiler
  194  slag, or flue-gas emission control materials from the operation
  195  of a fossil fuel-fired electric or steam generation facility,
  196  from a clean coal or other innovative technology process at a
  197  fossil fuel-fired electric or steam generation facility, or from
  198  any combination thereof.
  199         Section 3. This act shall take effect July 1, 2013.