SCS CSHB 342(RES) AM S: "An Act relating to water quality."
00SENATE CS FOR CS FOR HOUSE BILL NO. 342(RES) am S 01 "An Act relating to water quality." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. FINDINGS AND INTENT. The legislature confirms that it is the policy of 04 the state to implement water quality laws based on scientific and technical evidence. The 05 legislature specifically requests that state agencies possessing the necessary expertise to 06 implement AS 46.03.085 - 46.03.087, enacted by sec. 2 of this Act, coordinate their efforts 07 to enable cost efficiencies in adopting regulations that encourage the economic development 08 of the state's natural resources consistent with the public interest. 09 * Sec. 2. AS 46.03 is amended by adding new sections to read: 10 Sec. 46.03.085. WATER QUALITY STANDARDS; MEASUREMENTS. (a) 11 In adopting and applying water quality standards, the department 12 (1) shall ensure that the standards are sufficient to protect human health 13 and propagation of fish and wildlife; 14 (2) shall consider the natural condition of bodies of water;
01 (3) shall use scientific justification and water quality criteria that can 02 be reliably measured; and 03 (4) may not require discharged water to be of a higher quality than the 04 natural condition of the receiving water. 05 (b) Except when setting standards under AS 03.05.011(a) for shellfish growing 06 areas, as defined in the national shellfish sanitation program manual of operations 07 published by the Food and Drug Administration, and except as provided in 08 AS 46.03.087, the department may not adopt a water quality standard or other 09 regulation related to water quality that is more restrictive than applicable federal water 10 quality criteria or regulations. Within 90 days after receiving a request to amend the 11 state's water quality standards to incorporate a reduction in, or elimination of, federal 12 water quality criteria, or by another date mutually agreed on by the applicant and the 13 department, the department shall either propose regulations that amend the state's 14 water quality standards to incorporate the reduction or elimination or follow the 15 process required under AS 46.03.087(b). If, following the process under 16 AS 46.03.087(b), the department is unable to make the written findings required under 17 AS 46.03.087(b)(3), the department shall propose regulations that amend the state's 18 water quality standards to incorporate the reduction in or elimination of the federal 19 water quality criteria or regulations. 20 (c) Except as otherwise provided in AS 46.03.087, the measurement of 21 constituents other than sediment to determine whether a permittee is in compliance 22 with permit limitations based on water quality shall be by methods approved in writing 23 by the United States Environmental Protection Agency or by substantially equivalent 24 methods approved by the department. 25 (d) The measurement of sediment to determine whether a permittee is in 26 compliance with permit limitations based on water quality shall be by the volumetric 27 Imhoff cone method for settleable solids. However, this subsection may not be 28 construed to limit the department's authority to adopt water quality criteria for total 29 suspended solids to meet United States Environmental Protection Agency requirements. 30 Sec. 46.03.087. SPECIAL PROCEDURES FOR CERTAIN WATER 31 QUALITY REGULATIONS. (a) The department may, after following the procedures
01 in this section, adopt a 02 (1) water quality standard or discharge standard that is more restrictive 03 than applicable federal water quality criteria or discharge standards; 04 (2) water quality standard or discharge standard that is less restrictive 05 or for which there is no corresponding federal water quality criteria or discharge 06 standard; or 07 (3) regulation that allows the use of a method that is not substantially 08 equivalent to methods approved by the United States Environmental Protection Agency 09 for the measurement of constituents to determine whether a permittee is in compliance 10 with permit limitations related to water quality. 11 (b) Before adopting a standard or regulation governed by (a) of this section, 12 the department shall 13 (1) make available to the public, at convenient locations, copies of the 14 proposal and the findings of the department that describe the basis for the proposal; 15 (2) consider the economic and technological feasibility of the proposal 16 and prepare written findings; and 17 (3) find in writing, as applicable, that 18 (A) hydrologic conditions or discharge characteristics in the 19 state or in an area of the state reasonably require the water quality standard, 20 discharge standard, or method of measurement to protect human health and 21 welfare or propagation of fish and wildlife; and 22 (B) hydrologic conditions or discharge characteristics are 23 significantly different in the state or in an area of the state from those upon 24 which the corresponding federal criteria or regulations are based. 25 * Sec. 3. TRANSITIONAL REVIEW OF REGULATIONS. (a) The Department of 26 Environmental Conservation shall, during the triennial review process of regulations that is 27 required under 33 U.S.C. 1313(c) (Clean Water Act), review its water quality regulations that 28 are in effect on the effective date of this Act in order to determine if they comply with federal 29 requirements and are not more stringent than applicable federal regulations. If the review 30 indicates that there are state regulations that are more stringent than applicable federal 31 regulations, the department shall determine whether it could justify those regulations under the
01 requirements of AS 46.03.087(b)(3), enacted by sec. 2 of this Act. If the department 02 determines that it cannot meet the requirements of AS 46.03.087(b)(3), the department shall 03 adopt the necessary revisions to the regulations. 04 (b) The Department of Environmental Conservation shall, by January 31, 1998, and 05 annually thereafter until all of the state water quality regulations in effect on the effective date 06 of this Act are reviewed, offer in writing to orally brief the resources committees of the house 07 and senate concerning the department's review and revisions required under (a) of this section.