Legislature(1997 - 1998)
1998-04-15 House Journal
Full Journal pdf1998-04-15 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.