(1) The commission
may promulgate such rules, regulations, and procedures as are necessary to
establish and implement an accidental release prevention program consistent with
and no sooner than the requirements of section 112 (r) of the federal act, including
release prevention, detection, and correction requirements which may include
monitoring, record-keeping, reporting, training, vapor recovery, secondary
containment, and other design, equipment, work practice, and operational
requirements.
(2) For purposes of this section:
(a) Accidental release means an unanticipated emission of a regulated
substance or other extremely hazardous substance, defined pursuant to the federal
act, into the ambient air from a stationary source;
(b) Regulated substance means those substances listed by the
administrator pursuant to section 112 (r)(3) of the federal act;
(c) Stationary source means any buildings, structures, equipment,
installations, or substance emitting stationary activities:
(I) Which belong to the same industrial group;
(II) Which are located on one or more contiguous properties;
(III) Which are under the control of the same person (or persons under
common control); and
(IV) From which an accidental release may occur.
(d) Threshold quantity shall have the same meaning as defined in section
112 (r) of the federal act.
(3) As appropriate, rules, regulations, and procedures promulgated pursuant
to this section shall:
(a) Consider the use, operation, repair, replacement, and maintenance of
equipment to monitor, detect, inspect, and control such releases, including training
of persons in the use and maintenance of such equipment and the conduct of
periodic inspections;
(b) Include procedures and measures for emergency response after an
accidental release of a regulated substance in order to protect human health and
the environment;
(c) Cover storage, as well as operations;
(d) As appropriate, recognize differences in size, operations, processes,
classes, and categories of sources and the voluntary actions of such sources to
prevent accidental releases and respond to such releases;
(e) Require the owner or operator of stationary sources at which a threshold
quantity of a regulated substance is present to prepare and implement a risk
management plan to detect and prevent or minimize accidental releases of such
substances from the stationary source, and to provide a prompt emergency
response to any such releases in order to protect human health and the
environment. Such plan shall provide for compliance with the requirements of this
subsection (3) and shall also include each of the following:
(I) A hazard assessment, to be updated periodically and registered with the
division, the United States environmental protection agency, and other appropriate
local agencies, to assess the potential effects of an accidental release of any
regulated substance;
(II) A program for preventing accidental releases of regulated substances,
including safety precautions and maintenance, monitoring, and employee training
measures to be used at the sources; and
(III) A response program providing for specific actions to be taken in
response to an accidental release of a regulated substance so as to protect human
health and the environment, including procedures for informing the public and local
agencies responsible for responding to accidental releases, emergency health care,
and employee training measures.
(f) Coordinate notification, reporting, and response requirements between
federal, state, and local agencies to avoid duplicate notification and reporting
requirements and to integrate emergency response plans.
(4) In addition to any other action taken, when the division determines that
there may be an imminent and substantial endangerment to the human health or
welfare or the environment because of an actual or threatened accidental release
of a regulated substance, the division may take action pursuant to sections 25-7-112 and 25-7-113.
(5) The implementation and effectiveness of this section shall be contingent
on the receipt of funding from the federal government in sufficient amount to
totally fund the division's costs in implementing this section; except that the small
business stationary source technical and environmental compliance assistance
program shall be funded as provided in section 25-7-114.7.