Legislature(2023 - 2024)BUTROVICH 205
03/01/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB67 | |
| Presentation(s): Mining Industry Update | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 67 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 67-PFAS USE FIREFIGHTING
3:33:19 PM
CO-CHAIR BISHOP announced the consideration of SENATE BILL NO.
67 "An Act relating to firefighting substances; and providing
for an effective date."
3:33:36 PM
SENATOR JESSE KIEHL, District B, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 67, introduced the legislation
speaking to the following sponsor statement:
Per- and polyfluoroalkyl substances (PFAS) are a group
of chemicals harmful to human health. They are linked
to serious health conditions including low birth
weight, thyroid disease, and cancereven at extremely
small concentrations.
They also make excellent ingredients in firefighting
foams, in part because they resist breaking down. When
firefighting foams or other compounds containing PFAS
seep into drinking water, the toxic "forever
chemicals" linger for years.
The Alaska Department of Environmental Conservation
declared PFAS hazardous substances several years ago.
Senate Bill 67 protects Alaskans' health and prevents
future pollution by banning PFAS foams unless federal
law preempts. The bill also requires the state to take
back small quantities of PFAS foam to ensure it's
disposed of safely.
Because there is not yet an effective alternative for
the intensity of fire threat oil & gas operations face
at refineries or the Trans Alaska Pipeline terminal,
the bill exempts those producing, transporting, or
refining oil and gas until the State Fire Marshal
determines an effective non-PFAS substance could do
the job.
3:34:01 PM
SENATOR KAUFMAN and SENATOR DUNBAR joined the committee.
SENATOR KIEHL stated that with a few small exceptions, SB 67
says no new spraying of PFAS-containing firefighting foams into
Alaska's environment. The bill acknowledges that as long as the
FAA maintains its requirement, the prohibition against spraying
PFAS-containing foams will be federally preempted. Fortunately,
there is a congressional mandate for the FAA to lift that
requirement, and several products are in the process that meet
US military specifications for fluorine-free foam.
SENATOR KIEHL said the other issue is right now there are no
fluorine-free foams that will handle the volume of hydrocarbons
in the oil and gas industry. Research is ongoing and products
are available now that come close to putting out large oil and
gas fires. SB 67 says that once those products are available,
certified effective, and have gone through the full public
regulatory process, the state fire marshal will mark the
transition for the oil and gas industry.
SENATOR KIEHL also flagged the takeback provision. He explained
that the bill requires the executive branch to take back up to
25 gallons of PFAS-containing foam from small entities to ensure
that the foam is disposed of appropriately. His expectation is
these small quantities will be put with the PFAS-containing
foams that the State Airport System owns and disposed of
together.
3:42:24 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 67 on behalf of the sponsor:
Sec. 1 of the bill creates a new section:
Sec. 46.03.340(a): Everyone outside the oil & gas
industry must stop using PFAS containing foams, unless
federal law preempts Alaska law.
Sec. 46.03.340(b): The oil & gas industry may continue
using PFAS-containing foams until an alternative is
approved by regulation.
Sec. 46.03.340(c): The state fire marshal can
determine there is a safe and effective PFAS-free foam
for fighting oil or gas fires if the alternate foam is
listed by an organization in OSHA's Nationally
Recognized Testing Laboratory Program. The fire
marshal must require the new foam by regulation, with
a stated effective date.
Sec. 46.03.350(d): DEC must take up to 25 gallons per
year of PFAS-containing firefighting foam from
Alaskans for disposal.
Sec. 2 of the bill sets an effective date of January
1, 2024.
3:43:18 PM
SENATOR WIELECHOWSKI asked if there was reason to believe that
safe alternative firefighting substances were available.
SENATOR KIEHL answered yes, with the exception of the large and
intense fires that might occur at oil and gas storage
facilities. Nearly all of Europe has been fluorine-free for
years and those foams are plenty effective for the volumes of
air traffic that go through Anchorage, Fairbanks, and anywhere
else that jets land in Alaska.
SENATOR WIELECHOWSKI asked if PFAS is still used at major
airports in Alaska.
SENATOR KIEHL answered yes; the Federal Aviation Administration
still requires DOT to use those foams. However, the testing that
used to occur on runways is done in contained areas so the PFAS-
containing foam does not escape into the environment. If there
were a fire, the PFAS-containing foam would be used at this
point.
3:44:37 PM
SENATOR GIESSEL mentioned an article that highlighted PFAS in
ski wax and commented on firefighters' risk of exposure.
SENATOR KIEHL confirmed that first responders often are exposed
to significant quantities of PFAS. He said it's a concern that
PFAS chemicals are present in a lot of products. SB 67 focuses
on the single greatest threat; PFAS in drinking water.
3:46:14 PM
SENATOR KAWASAKI asked if there was a large cost differential
between the firefighting foams used in Europe and the PFAS-
containing foams used in the US.
SENATOR KIEHL said he didn't have a cost comparison, but it is
good news that established manufacturers throughout the world
produce fluorine-free foams that work.
3:47:08 PM
SENATOR CLAMAN asked if he had a timeline for when the military
will approve PFAS-free firefighting foams.
SENATOR KIEHL said the process is expected to be 60-90 days, and
it's begun for some products. He said that should trigger the
FAA to lift its requirement to use fluorinated foams at
airports. It already is well past the congressional deadline to
do so. He said there is no guarantee, but he believes that the
FAA will begin the process to lift its requirement in 3-4
months.
SENATOR CLAMAN commented that it sounds as though this could all
occur within the next 6-12 months.
MS. SCHLINGHEYDE responded that the FAA indicated it would
remove the requirement to use fluorinated foams within 3-4
months.
CO-CHAIR BISHOP turned to invited testimony.
3:49:13 PM
JUSTIN MACK, Secretary/Treasurer, Alaska Professional Fire
Fighters Association (AKPFFA), Anchorage, Alaska, testified by
invitation in support of SB 67. He provided his extensive
professional background, and said being a fire fighter is unique
and routine until it isn't. He described going into buildings
with zero visibility and responding to victims who might not see
another day. He said it's clear that this career can be
dangerous.
He said he learned how to keep himself safe early in his career,
but what he failed to understand was that despite being careful,
following standard guidelines, decontaminating himself and his
equipment, and wearing the most up to date equipment he and
other fire fighters were going to be exposed to some of the
worst chemicals on earth. These chemicals permeate gear and seep
into fire fighters' pores. The data shows that firefighters have
significantly higher rates of cancer than the general
population. The World Health Organization classifies the
occupation as carcinogenic.
MR. MACK stated that SB 67 is an attempt to limit fire fighters'
and the public's exposure to known carcinogens. He emphasized
that there are alternatives to the use of PFAS-containing foam
and strongly urged support for SB 67.
3:52:41 PM
DAVID PRUHS, Mayor, City of Fairbanks, Fairbanks, Alaska,
testified by invitation in support of SB 67. He stated that the
Interior has an extensive problem associated with the dispersal
of PFAS. The City of Fairbanks spent $5.4 million to supply
water to 74 homes after PFAS from a firefighting training center
migrated into a private utility's water system. The city also
has an issue with concentrate discharge from its wastewater
system and is seeking help from DEC on behalf of Golden Heart
Utilities for a biosolids incinerator testing project. He agreed
with Senator Kiehl that alleviating the problem starts with
removing PFAS from the system.
3:55:00 PM
CO-CHAIR BISHOP held SB 67 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Presentation Mining Industry Update 03.01.2023.pdf |
SRES 3/1/2023 3:30:00 PM |
|
| SB 67 Sponsor Statement ver. A 2.13.2023.pdf |
SRES 3/1/2023 3:30:00 PM |
SB 67 |
| SB 67 Sectional Analysis ver. A 2.13.2023.pdf |
SRES 3/1/2023 3:30:00 PM |
SB 67 |
| SB 67 Fiscal Note DPS 2.24.2023.pdf |
SRES 3/1/2023 3:30:00 PM |
SB 67 |
| Presentation Support Document AMA AK Mines Map 03.01.2023.pdf |
SRES 3/1/2023 3:30:00 PM |
|
| SB 67 ver. B.PDF |
SRES 3/1/2023 3:30:00 PM |
SB 67 |