Legislature(1997 - 1998)

1998-04-15 House Journal

Full Journal pdf

1998-04-15                     House Journal                      Page 2992
SB 299                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 299                                                           
"An Act relating to the treatment of well test flares, nonroad                
engines, and aggregated fuel burning equipment associated with                 
nonroad engines under the state's air quality control program;                 
defining 'stationary source' for purposes of the state's air quality           
program."                                                                      
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  3DP 1DNP 3NR                                            2921         
	SENATE FISCAL NOTE (S.FIN/DEC) 4/2/98                            2922         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representatives Therriault, Davies              
and Kelly:                                                                     
                                                                               
Page 2, lines 5 and 19:                                                        
Delete "not"                                                                  
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 1, line 9:                                                                
	Delete "and aggregated fuel burning equipment associated with                 
nonroad engines are mobile sources"                                            
                                                                               
Page 1, line 12:                                                               
	Delete "or aggregated fuel burning equipment associated with                  
nonroad engines"                                                               
                                                                               
Page 2, line 1:                                                                
	Delete "and aggregated fuel burning equipment associated with                 
nonroad engines"                                                               
                                                                               

1998-04-15                     House Journal                      Page 2993
SB 299                                                                       
Page 2, line 8:                                                                
	Delete "or aggregated fuel burning equipment associated with                  
nonroad engines"                                                               
                                                                               
                                                                               
Page 2, line 11, following "flares" through line 23:                         
	Delete all material.                                                          
                                                                               
	Insert "and aggregated fuel burning equipment associated with                
nonroad engines.  Notwithstanding other provisions of this chapter,           
                                                                               
		(1) an air quality control permit is not required under this                 
chapter for the operation of a well test flare rated less than                 
100,000,000 Btu's per hour;                                                    
		(2) aggregated fuel burning equipment associated with nonroad                
engines may require a permit under this chapter."                              
                                                                               
                                                                               
Page 2, line 25, following ""nonroad engine"" through line 31:                 
	Delete all material.                                                          
                                                                               
	Insert "has the meaning given in 40 C.F.R. 89.2 (revised as of                
July1, 1997)."                                                                 
                                                                               
                                                                               
Page 3, lines 1 - 17:                                                          
	Delete all material.                                                          
                                                                               
                                                                               
Page 3, line 17, following ""stationary source"" through line 19:              
	Delete all material.                                                          
	Insert "has the meaning given in 42 U.S.C. 7602."                             
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Representative Kelly objected.                                                 
                                                                               
                                                                               

1998-04-15                     House Journal                      Page 2994
SB 299                                                                       
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  25   EXCUSED:  1   ABSENT:  5                              
                                                                               
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kubina, Nicholia                                                               
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Dyson, Foster,                 
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin,           
Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey,              
Williams                                                                       
                                                                               
Excused:  Moses                                                                
                                                                               
Absent:  Barnes, Kookesh, Kott, Mulder, Sanders                                
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Davies:                          
                                                                               
Page 2, following line 23:                                                     
	Insert:                                                                       
		"Sec. 46.14.576.  Study of impacts of air quality                           
degradation. (a) When the department determines that oil exploration          
activities involving use of a nonroad engine or collection of nonroad          
engines of greater than 1,000 total horse power are ongoing in an air          
quality control region, as defined under 42 U.S.C. 7407 and applicable         
federal regulations, the department shall conduct an investigation to          
determine if residential or subsistence activities occur within portions       
of the air quality control region that are significantly impacted by these     
activities.  If residential or subsistence activities occur within             
significantly impacted areas, the department shall conduct or contract         
out a study to determine if and how the emissions and pollutant                
deposition in the significantly impacted area may effect the health of         
residents or subsistence lifestyles.                                           

1998-04-15                     House Journal                      Page 2995
SB 299                                                                       
		(b) The Department shall adopt regulations providing for                     
assessment and collection of fees to cover the cost of any                     
investigations or studies under paragraph (a) of this section, fees shall      
be based on actual or potential emissions from nonroad engines                 
operated within the air quality control region, and shall not be imposed       
for any category of nonroad engines that the department determines             
have actual or potential emissions too low to make assessment and              
collection of fees practicable or cost effective."                             
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Kelly objected.                                                 
                                                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  10   NAYS:  25   EXCUSED:  1   ABSENT:  4                             
                                                                               
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Brice, Bunde, Cowdery, Davis, Dyson, Foster,                 
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin,           
Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey,              
Williams                                                                       
                                                                               
Excused:  Moses                                                                
                                                                               
Absent:  Barnes, Kott, Mulder, Sanders                                         
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               

1998-04-15                     House Journal                      Page 2996
SB 299                                                                       
Amendment No. 4 was offered  by Representative Kemplen:                         
                                                                               
Page 1, lines 1 - 2 (title amendment):                                         
	Delete "well test flares, nonroad engines, and aggregated fuel               
burning equipment associated with"                                            
                                                                               
Page 1, line 3 (title amendment):                                              
	Delete "; defining 'stationary source' for purposes of the state's           
air quality program"                                                          
                                                                               
Page 1, line 6:                                                                
	Delete "new sections"                                                         
	Insert "a new section"                                                        
                                                                               
Page 1, line 9:                                                                
	Delete "and aggregated fuel burning equipment associated with                 
nonroad engines are mobile sources"                                            
                                                                               
Page 1, line 12:                                                               
	Delete "or aggregated fuel burning equipment associated with                  
nonroad engines"                                                               
                                                                               
Page 2, line 1:                                                                
	Delete "and aggregated fuel burning equipment associated with                 
nonroad engines"                                                               
                                                                               
Page 2, line 3, following "chapter;"                                           
	Insert "and"                                                                  
                                                                               
Page 2, lines 4 - 6:                                                           
	Delete all material.                                                          
                                                                               
Page 2, line 7:                                                                
	Delete "(5)"                                                                  
	Insert "(4)"                                                                  
                                                                               
Page 2, line 8:                                                                
	Delete "or aggregated fuel burning equipment associated with                  
nonroad engines"                                                               
                                                                               
                                                                               

1998-04-15                     House Journal                      Page 2997
SB 299                                                                       
Page 2, lines 11 - 23:                                                         
	Delete all material.                                                          
                                                                               
Page 2, line 24:                                                               
	Delete "new paragraphs"                                                       
	Insert "a new paragraph"                                                      
                                                                               
Page 2, line 25 through page 3, line 19:                                       
	Delete all material and insert:                                               
		"(28) "nonroad engine" has the meaning given in 40 C.F.R.                    
89.2 (revised as of July 1, 1997)."                                            
                                                                               
Representative Kemplen moved and asked unanimous consent that                  
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Kelly objected.                                                 
                                                                               
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  10   NAYS:  27   EXCUSED:  1   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Williams                                                  
                                                                               
Excused:  Moses                                                                
                                                                               
Absent:  Bunde, Vezey                                                          
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               

1998-04-15                     House Journal                      Page 2998
SB 299                                                                       
Amendment No. 5 was offered  by Representative Joule:                           
                                                                               
Page 2, following line 23:                                                     
	Insert a new section to read:                                                 
		"Sec. 46.14.578. Response to complaints of visible                          
accumulation of air pollutants. (a) In any area where the ambient air         
in a residential area or area used for subsistence purposes may be             
significantly impacted by operations of nonroad engines, the                   
department shall respond to public complaints of visible accumulations         
of air pollutants by attempting to independently verify the existence of       
the accumulations.  If the existence of visible accumulations are              
verified, the department shall provide for daily observations from the         
affected area and for monitoring of ambient air quality during periods         
where there are visible accumulations of air pollutants.  Observations         
and monitoring may be discontinued if the department determines that           
nonroad engines do not cause or contribute to the accumulation or if           
the department determines that an accumulation does not violate                
ambient air quality standards and does not present a significant risk to       
human health.                                                                  
		(b) The department shall adopt regulations providing for                     
assessment and collection of fees to cover the cost of any                     
investigations, observations, or monitoring under paragraph (a) of this        
section, fees shall be based on actual or potential emissions from             
nonroad engines operated within the air quality control region, and            
shall not be imposed for any category of nonroad engines that the              
department determines have actual or potential emissions too low to            
make assessment and collection of fees practicable or cost effective."         
                                                                               
Representative Joule moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Kelly objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  10   NAYS:  28   EXCUSED:  1   ABSENT:  1                             

1998-04-15                     House Journal                      Page 2999
SB 299                                                                       
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Excused:  Moses                                                                
                                                                               
Absent:  Bunde                                                                 
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Davies:                          
                                                                               
Page 2, following line 23:                                                     
	Insert a new section to read:                                                 
	"Sec. 46.14.574.  Ambient Air Quality Monitoring in Oil                      
Exploration Areas. (a) When the department determines that oil                
exploration activities involving use of a nonroad engine or collection         
of nonroad engines of greater than 1,000 total horse power are ongoing         
in an air quality control region, as defined under 42 U.S.C. 7407 and          
applicable federal regulations, the department shall adopt regulations         
to provide ambient air quality monitoring in the region.  The                  
regulations must include:                                                      
			(1) provisions requiring at least 10 air quality monitoring                 
stations in the air quality control region;                                    
			(2) provisions to insure that all monitors are located and                  
operated according to siting, operation, and measurement protocols             
approved by the federal administrator;                                         
			(3) provisions for assessment and collection of fees to                     
cover the cost of air quality monitoring, fees shall be based on actual        
or potential emissions from nonroad engines operated within the air            
quality control region, and shall not be imposed on any category of            
nonroad engines that the department determines have actual or                  
potential emissions too low to make assessment and collection of fees          
practicable or cost effective.                                                 
                                                                               

1998-04-15                     House Journal                      Page 3000
SB 299                                                                       
	(b) If ambient air monitoring indicates that pollutant concentrations         
have reached seventy percent or more of an ambient air quality                 
standard at any location in an Air Quality Control Region, the                 
department shall adopt regulations imposing operational restrictions on        
nonroad engines within the Air Quality Control Region.  The                    
regulations                                                                    
		(1) shall prohibit the use of fuel with a sulfur content of                  
greater than 0.05 percent (by weight);                                         
		(2) shall impose in use limitations to limit nitrogen oxide                  
emissions to levels comparable to those that would be achievable               
through use of best available control technology;                              
		(3) may, to the extent permissible under 42 U.S.C. 7401 --                   
7601q (Clean Air Act) and applicable federal regulations, require use          
and maintenance of best available control technology and periodic              
inspection of nonroad engines.                                                 
                                                                               
Page 3, line 19, following "source":                                           
	Insert ";                                                                     
		(30) "best available control technology" means the emission                  
limitation that represents the maximum reduction achievable for each           
regulated air contaminant, taking into account energy, environmental           
and economic impacts, and other costs; the resulting emissions must            
comply with applicable state and federal emission standards; best              
available control technology includes, for example, design features,           
equipment specifications, and work practices"                                  
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  1   ABSENT:  1                             
                                                                               

1998-04-15                     House Journal                      Page 3001
SB 299                                                                       
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Martin, Nicholia                                     
                                                                               
Nays:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek,             
Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                
                                                                               
Excused:  Moses                                                                
                                                                               
Absent:  Bunde                                                                 
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
Amendment No. 7 was offered  by Representative Croft:                           
                                                                               
Page 3, line 19, following "source.":                                          
	Insert a new bill section to read:                                            
"*Sec. 3.  This Act applies only to mobile drill rigs and test flares."      
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Kelly objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
                                                                               
YEAS:  11   NAYS:  26   EXCUSED:  1   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Bunde, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Nicholia                                             
                                                                               
Nays:  Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders,              
Therriault, Vezey                                                              

1998-04-15                     House Journal                      Page 3002
SB 299                                                                       
Excused:  Moses                                                                
                                                                               
Absent:  Ryan, Williams                                                        
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Kubina:                          
                                                                               
Page 3, line 19, following "source.":                                          
	Insert a new bill section to read:                                            
"*Sec. 3.  This Act does not apply to emission sources at the TAPS           
marine terminal in Valdez or vessels using the TAPS marine terminal."          
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Kelly objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
                                                                               
YEAS:  13   NAYS:  19   EXCUSED:  1   ABSENT:  7                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf,             
Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia                              
                                                                               
Nays:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Hanley,               
Hodgins, Ivan, Kelly, Kohring, Martin, Masek, Mulder, Phillips, Porter,        
Rokeberg, Ryan, Williams                                                       
                                                                               
Excused:  Moses                                                                
                                                                               
Absent:  Bunde, James, Kott, Ogan, Sanders, Therriault, Vezey                  
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               

1998-04-15                     House Journal                      Page 3003
SB 299                                                                       
Representative Porter moved and asked unanimous consent that                   
SB299 am H be considered engrossed, advanced to third reading and              
placed on final passage.                                                       
                                                                               
Representative Kubina objected.                                                
                                                                               
The Speaker stated that SB 299 am H would be in third reading on the           
April 16, 1998 calendar.