CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dyer moved the following amendment:

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13         Senate Amendment 

14         On page 2, line 6, through page 7, line 28, delete

15  those lines

16

17  and insert:

18         252.935 Purpose.--The purpose of this part is to

19  establish adequate state authorities to implement, fund, and

20  enforce the requirements of the Accidental Release Prevention

21  Program of Section 112(r)(7) of the federal Clean Air Act and

22  federal implementing regulations for specified sources. To

23  ensure the efficient use of resources, it is the intent of the

24  Legislature for the state to seek delegation of the Section

25  112(r)(7) Accidental Release Prevention Program from the U.S.

26  Environmental Protection Agency for specified sources and for

27  duplication and redundancy to be avoided to the maximum extent

28  practicable with no expansion or addition of the regulatory

29  program.

30         252.936 Definitions.--As used in this part, the term:

31         (1)  "Accidental release" means an unanticipated

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    





 1  emission of a regulated substance into the ambient air from a

 2  stationary source.

 3         (2)  "Accidental Release Prevention Program" means the

 4  program to implement the accidental release prevention,

 5  detection, and response provisions of Section 112(r)(7) of the

 6  Clean Air Act and federal implementing regulations.

 7         (3)  "Audit" means a review of information at a

 8  stationary source subject to Section 112(r)(7), or submitted

 9  by a stationary source subject to Section 112(r)(7), to

10  determine whether that stationary source is in compliance with

11  the requirements of this part and rules adopted to implement

12  this part. Audits must include a review of the adequacy of the

13  stationary source's Risk Management Plan, may consist of

14  reviews of information submitted to the department or the U.S.

15  Environmental Protection Agency to determine whether the plan

16  is complete or whether revisions to the plan are needed, and

17  the reviews may be conducted at the stationary source to

18  confirm that information onsite is consistent with reported

19  information.

20         (4)  "Chemical Safety and Hazard Investigation Board"

21  means the federal Chemical Safety and Hazard Investigation

22  Board created under Section 112(r)(6) of the Clean Air Act.

23         (5)  "Clean Air Act" means the federal Clean Air Act,

24  as amended, codified at 42 USC ss. 7401-7671q.

25         (6)  "Commission" means the State Emergency Response

26  Commission for Hazardous Materials created by Executive Order

27  94-138.

28         (7)  "Committee" means any local emergency planning

29  committee established in the state under s. 301 of the federal

30  Emergency Planning and Community Right To Know Act, 42 USC s.

31  11001, et seq.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    





 1         (8)  "Department" means the Department of Community

 2  Affairs.

 3         (9)  "Inspection" means a review of information at a

 4  stationary source subject to Section 112(r)(7), including

 5  documentation and operating practices and access to the source

 6  and to any area where an accidental release could occur, to

 7  determine whether the stationary source is in compliance with

 8  the requirements of this part or rules adopted to implement

 9  this part.

10         (10)  "Owner or operator" means any person who owns,

11  leases, operates, controls, or supervises any stationary

12  source subject to Section 112(r)(7) of the Clean Air Act.

13         (11)  "Person" means an individual, corporation,

14  partnership, association, state or any agency or institution

15  thereof, municipality, political subdivision of the state, and

16  any agency, department, or instrumentality of the United

17  States, and any officer, agent, or employee thereof, and, for

18  the purposes of s. 252.941, any responsible corporate officer.

19         (12)  "Process" means a process as that term is defined

20  under 40 C.F.R. Part 68.

21         (13)  "Program level" means a Program 1, Program 2, or

22  Program 3 stationary source level as determined under 40

23  C.F.R. Part 68.

24         (14)  "Regulated substance" means any regulated

25  substance defined or listed under Section 112(r)(3) of the

26  Clean Air Act and federal implementing regulations. Consistent

27  with Section 112(r)(7) federal implementing regulations,

28  ammonia used as an agricultural nutrient, when held by

29  farmers, is exempt from this part.

30         (15)  "Risk Management Plan" means the Risk Management

31  Plan required under Section 112(r)(7) of the Clean Air Act and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    





 1  federal implementing regulations.

 2         (16)  "Section 112(r)" means the provisions of Section

 3  112(r) of the Clean Air Act.

 4         (17)  "Section 112(r)(7)" means the accidental release

 5  prevention, detection, and response provisions in Section

 6  112(r)(7) of the Clean Air Act.

 7         (18)  "Stationary source" means any buildings,

 8  structures, equipment, installations, or regulated substance

 9  emitting stationary activities which belong to the same

10  industrial group, which are located on one or more contiguous

11  properties, which are under the control of the same person (or

12  persons under common control), and from which an accidental

13  release may occur. The term does not apply to transportation,

14  including storage incident to transportation of any regulated

15  substance under the provisions of this part. A stationary

16  source includes transportation containers used for storage not

17  incident to transportation and transportation containers

18  connected to equipment at the stationary source for loading or

19  unloading. Transportation includes, but is not limited to,

20  transportation that is subject to oversight or regulation

21  under 49 CFR parts 192, 193, or 195 or a state natural gas or

22  hazardous liquid program for which the state has in effect a

23  certification to the United States Department of

24  Transportation under 40 U.S.C. s. 60105. A stationary source

25  does not include naturally occurring hydrocarbon reservoirs.

26  Properties may not be considered contiguous solely because of

27  a railroad or gas pipeline right-of-way. Stationary sources

28  subject to chapter 527 whose only regulated substance subject

29  to Section 112(r)(7) is liquefied petroleum gas are exempt

30  from Part IV, chapter 252.

31         (19)  "Trust fund" means the Operating Trust Fund

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    





 1  established in the department's Division of Emergency

 2  Management.

 3         252.937  Department powers and duties.--

 4         (1)  The department has the power and duty to:

 5         (a)1.  Seek delegation from the U.S. Environmental

 6  Protection Agency to implement the Accidental Release

 7  Prevention Program under Section 112(r)(7) of the Clean Air

 8  Act and the federal implementing regulations for specified

 9  sources subject to Section 112(r)(7) of the Clean Air Act.

10  Implementation for all other sources subject to Section

11  112(r)(7) of the Clean Air Act will be performed by the U.S.

12  Environmental Protection Agency; and

13         2.  Ensure the timely submission of Risk Management

14  Plans and any subsequent revisions of Risk Management Plans.

15         (b)  Adopt, modify, and repeal rules, with the advice

16  and consent of the commission, necessary to obtain delegation

17  from the U.S. Environmental Protection Agency and to

18  administer the Section 112(r)(7) Accidental Release Prevention

19  Program in this state for the specified stationary sources

20  with no expansion or addition of the regulatory program.

21         (c)  Make and execute contracts and other agreements

22  necessary or convenient to the implementation of this part.

23         (d)  Coordinate its activities under this part with its

24  other emergency management responsibilities, including its

25  responsibilities and activities under parts I, II, and III of

26  this chapter and with the related activities of other state

27  and local agencies, keeping separate accounts for all

28  activities conducted under this part which are supported or

29  partially supported from the Trust Fund.

30         (e)  Establish, with the advice and consent of the

31  commission, a technical assistance and outreach program on or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    





 1  before January 31, 1999, to assist owners and operators of

 2  specified stationary sources subject to Section 112(r)(7) in

 3  complying with the reporting and fee requirements of this

 4  part. This program is designed to facilitate and ensure timely

 5  submission of proper certifications or compliance schedules

 6  and timely submission and registration of Risk Management

 7  Plans and revised registrations and Risk Management Plans when

 8  required for these sources.

 9         (f) Make a quarterly report to the State Emergency

10  Response Commission on income and expenses for the state's

11  Accidental Release Prevention Program under this part.

12         (2)  To ensure that this program is self-supporting,

13  the department shall provide administrative support, including

14  staff, facilities, materials, and services to implement this

15  part for specified stationary sources subject to s. 252.939

16  and shall provide necessary funding to local emergency

17  planning committees and county emergency management agencies

18  for work performed to implement this part. Each state agency

19  with regulatory, inspection, or technical assistance programs

20  for specified stationary sources subject to this part shall

21  enter into a Memorandum of Understanding with the department

22  which specifically outlines how each agency's staff,

23  facilities, materials, and services will be utilized to

24  support implementation. At a minimum, these agencies and

25  programs include:  the Department of Environmental

26  Protection's Division of Air Resources Management and Division

27  of Water Facilities, and the Department of Labor and

28  Employment Security's Division of Safety. It is the

29  Legislature's intent to implement this part as efficiently and

30  economically as possible, using existing expertise and

31  resources, if available and appropriate.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 812

    Amendment No.    





 1         (3)  To prevent the duplication of investigative

 2  efforts and resources, the department, on behalf of the

 3  commission, shall coordinate with any federal agencies or

 4  agents thereof, including the federal Chemical Safety and

 5  Hazard Investigation Board, or its successor, which are

 6  performing accidental release investigations for specified

 7  stationary sources, and may coordinate with any agencies of

 8  the state which are performing accidental release

 9  investigations. This accidental release investigation

10  coordination is not intended to limit or take the place of any

11  individual agency accidental release investigation under

12  separate authority.

13         (4)  To promote efficient administration of this

14  program and specified stationary sources, the only agency

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