Legislature(2011 - 2012)BARNES 124

01/28/2011 01:00 PM House RESOURCES


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01:02:17 PM Start
01:02:35 PM Overview(s): Department of Environmental Conservation - Office of the Commissioner, Division of Environmental Health, Division of Air Quality
03:02:46 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overviews: TELECONFERENCED
Dept. of Environmental Conservation -
Commissioner's Office, Division of Environmental
Health, Division of Air Quality
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        January 28, 2011                                                                                        
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eric Feige, Co-Chair                                                                                             
Representative Paul Seaton, Co-Chair                                                                                            
Representative Peggy Wilson, Vice Chair                                                                                         
Representative Alan Dick                                                                                                        
Representative Neal Foster                                                                                                      
Representative Bob Herron                                                                                                       
Representative Cathy Engstrom Munoz                                                                                             
Representative Berta Gardner                                                                                                    
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DEPARTMENT OF ENVIRONMENTAL CONSERVATION - OFFICE                                                                 
OF THE COMMISSIONER~ DIVISION OF ENVIRONMENTAL HEALTH~ DIVISION                                                                 
OF AIR QUALITY                                                                                                                  
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LARRY HARTIG, Commissioner                                                                                                      
Office of the Commissioner                                                                                                      
Department of Environmental Conservation (DEC)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented a PowerPoint overview on the                                                                   
Department of Environmental Conservation.                                                                                       
                                                                                                                                
KRISTIN RYAN, Director                                                                                                          
Division of Environmental Health                                                                                                
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Presented a PowerPoint  during the overview                                                             
by the Department of Environmental Conservation.                                                                                
                                                                                                                                
ALICE EDWARDS, Acting Director                                                                                                  
Division of Air Quality                                                                                                         
Department of Environmental Conservation (DEC)                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Presented a PowerPoint  during the overview                                                             
by the Department of Environmental Conservation.                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ERIC   FEIGE  called   the  House   Resources  Standing                                                             
Committee meeting to  order at 1:02 p.m.   Representatives Feige,                                                               
Seaton, Gardner, Herron,  and Wilson were present at  the call to                                                               
order.    Representatives  Munoz,   Foster,  Dick,  and  Kawasaki                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
^OVERVIEW(S):  DEPARTMENT OF  ENVIRONMENTAL CONSERVATION - OFFICE                                                               
OF THE  COMMISSIONER, DIVISION OF ENVIRONMENTAL  HEALTH, DIVISION                                                               
OF AIR QUALITY                                                                                                                  
OVERVIEW(S):  DEPARTMENT OF ENVIRONMENTAL CONSERVATION - OFFICE                                                             
OF THE COMMISSIONER, DIVISION OF ENVIRONMENTAL HEALTH, DIVISION                                                             
                         OF AIR QUALITY                                                                                     
                                                                                                                                
1:02:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  announced that the  only order of  business would                                                               
be an  overview by the  Department of  Environmental Conservation                                                               
(DEC).                                                                                                                          
                                                                                                                                
1:03:10 PM                                                                                                                    
                                                                                                                                
LARRY   HARTIG,  Commissioner,   Office   of  the   Commissioner,                                                               
Department  of Environmental  Conservation (DEC),  introduced the                                                               
PowerPoint  "Department   of  Environmental   Conservation  House                                                               
Resources Overview."  [Included in  members' packets.]  He stated                                                               
that (slide 2)  the DEC mission was "to protect  human health and                                                               
the environment.   We make  sure that  the air you  breathe, that                                                               
the water you  drink, the food that you eat,  and the environment                                                               
you  live  in, is  healthy."    He  explained  the nexus  of  the                                                               
programs to be human health and  the environment.  He pointed out                                                               
that, in  addition to  air, water, land,  and food  safeties, DEC                                                               
was  responsible for  hazardous waste  containment and  clean-up.                                                               
He noted  that its programs  derived from both state  statute and                                                               
federal requirements.                                                                                                           
                                                                                                                                
1:06:25 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   HARTIG,  discussing   slide  3   "Core  Services,"                                                               
described  the federal  programs, including  the Clean  Water Act                                                               
and  the Clean  Air  Act,  and the  federal  funding  in the  DEC                                                               
budget.  He spoke about the  DEC role as a facilitator for Alaska                                                               
communities to comply with federal  requirements.  He reported on                                                               
the science  and engineering based pollution  standards developed                                                               
for air, water, and land.                                                                                                       
                                                                                                                                
1:08:31 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG   pointed  out   that  the   development  of                                                               
standards  was  complex  and went  through  a  public  regulatory                                                               
process.   He reported  that these  standards were  monitored for                                                               
compliance and were  updated.  He stated that  DEC also developed                                                               
the  testing  protocols.    He   commented  on  the  systems  for                                                               
compliance and enforcement of these standards.                                                                                  
                                                                                                                                
1:10:32 PM                                                                                                                    
                                                                                                                                
COMMISSIONER HARTIG conveyed that DEC  had a staff of 500 people,                                                               
with a proposed budget of $80  million.  He invited visitation to                                                               
the Environmental Health Lab in  Anchorage, and explained that it                                                               
was  used for  food  safety testing,  paralytic shellfish  poison                                                               
(PSP)  testing, and  veterinary testing.   He  reported that  DEC                                                               
regulated pesticides.                                                                                                           
                                                                                                                                
1:12:41 PM                                                                                                                    
                                                                                                                                
COMMISSIONER HARTIG moved  on to slide 4,  "Programs," listed the                                                               
divisions  within  DEC,  and described  the  responsibilities  of                                                               
each, beginning with the Division of Administrative Services.                                                                   
                                                                                                                                
1:15:20 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG   spoke  briefly   about  the   Division  of                                                               
Environmental Health and mentioned  that its responsibilities had                                                               
increased to include personal use and recreational beaches.                                                                     
                                                                                                                                
1:16:58 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG elaborated  on the  Division of  Air Quality                                                               
and   its  responsibility   for   green   house  gas   emissions,                                                               
particulate  matter  standards,  and   North  Slope  air  quality                                                               
issues.                                                                                                                         
                                                                                                                                
1:20:16 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG  described  the three  programs  within  the                                                               
Division  of Spill  Prevention and  Response:   the  preparedness                                                               
plans,  the  Prevention  Emergency   Response  program,  and  the                                                               
contaminated  sites program.   He  gave a  brief overview  of the                                                               
emergency response funds for use during an oil spill.                                                                           
                                                                                                                                
1:22:43 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG spoke  about the  Division of  Water, noting                                                               
the  water quality  standards and  permitting,  and the  facility                                                               
programs.   He pointed  out the  difficulties encountered  as the                                                               
federal funding declined.                                                                                                       
                                                                                                                                
1:24:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked what percentage of  personnel positions was                                                               
filled.                                                                                                                         
                                                                                                                                
COMMISSIONER HARTIG,  in response,  said that  DEC had  547 staff                                                               
positions,  and  that  it  was a  struggle  for  recruitment  and                                                               
retention of engineers.  He  offered to research the actual staff                                                               
vacancies.                                                                                                                      
                                                                                                                                
CO-CHAIR FEIGE,  directing attention  to the PM  2.5 (particulate                                                               
material) program,  asked if  it was  an attainable  standard for                                                               
Fairbanks at a reasonable cost.                                                                                                 
                                                                                                                                
1:27:02 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG replied  that  the Environmental  Protection                                                               
Agency  (EPA) had  tightened the  standard for  particulates, and                                                               
that the  wood smoke  in Fairbanks and  the Mendenhall  Valley in                                                               
Juneau  would create  a difficulty  for attainment.  He explained                                                               
the health concerns and risks, and  voiced that this was not just                                                               
a compliance  issue, but also a  human health issue.   He pointed                                                               
out that  there had not been  state or federal standards  at that                                                               
time.   He  opined that  Fairbanks could  attain compliance,  but                                                               
this  would require  a switch  to cleaner  technology from  dirty                                                               
burning boilers and wood stoves,  and it would necessitate a good                                                               
supply  of dry  wood.   He relayed  that DEC  was monitoring  the                                                               
conditions  in Fairbanks  and was  working toward  solutions with                                                               
the University of  Alaska Fairbanks and the  Fairbanks North Star                                                               
Borough.                                                                                                                        
                                                                                                                                
1:31:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked for an update  to the air quality rules for                                                               
fugitive dust.                                                                                                                  
                                                                                                                                
1:32:21 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG explained  that fugitive  dust and  fugitive                                                               
emissions are  road dust,  coal dust, or  similar, which  has not                                                               
been  confined,  but simply  released  into  the  open air.    He                                                               
reported  that  any large  facility  would  have an  air  quality                                                               
permit which would include  provisions for reasonable precautions                                                               
to control  fugitive dust.   He addressed the problem  of smaller                                                               
facilities  that   don't  require   air  permits,  so   only  the                                                               
regulation for reasonable precautions would  apply.  He said that                                                               
DEC  was investigating  options  for more  defined standards  and                                                               
enforcement.                                                                                                                    
                                                                                                                                
1:35:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ,   inquiring  about  the  air   quality  in                                                               
Mendenhall Valley,  asked for  any health  data related  to these                                                               
incidences.                                                                                                                     
                                                                                                                                
1:35:36 PM                                                                                                                    
                                                                                                                                
COMMISSIONER HARTIG  replied that  there was  data which  DEC had                                                               
reviewed.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  MUNOZ  asked  which department  would  conduct  a                                                               
review if there  was a concentration of disease  within a defined                                                               
area.                                                                                                                           
                                                                                                                                
1:36:22 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  HARTIG,   in  response,  explained  that   the  DEC                                                               
environmental  lab worked  with Department  of Health  and Social                                                               
Services should either  department notice any disease.   He noted                                                               
that Center  for Disease  Control and  Prevention (CDC)  was also                                                               
tracking   diseases,  and   would  contact   DEC  regarding   any                                                               
environmental   disease.     He  stated   that  there   was  good                                                               
communication  between   the  agencies.     He  pointed   to  the                                                               
difficulty of tracking  higher incidences of disease  in areas of                                                               
low population, as there was not the statistical significance.                                                                  
                                                                                                                                
1:39:41 PM                                                                                                                    
                                                                                                                                
COMMISSIONER HARTIG, in response  to Representative Herron, spoke                                                               
of   DEC   division   accomplishments  over   the   prior   year,                                                               
highlighting  the   oversight  work  on  pipeline   safety.    He                                                               
reflected that his biggest disappointment  was the lack of a long                                                               
term solution to make the response fund sustainable.                                                                            
                                                                                                                                
1:41:13 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:42:50 PM                                                                                                                    
                                                                                                                                
KRISTIN  RYAN,   Director,  Division  of   Environmental  Health,                                                               
Department  of  Environmental  Conservation  (DEC),  presented  a                                                               
PowerPoint   entitled   "Environmental  Health,"   [Included   in                                                               
members'  packets.] addressed  slide 1,  "Division Mission,"  and                                                               
stated  that  "our  goal  is to  provide  businesses  with  clear                                                               
standards so  they can protect  our environment and  provide safe                                                               
food and drinking  water to Alaskans."  She moved  on to slide 2,                                                               
"Organization  Chart," which  listed the  different programs  she                                                               
would  discuss.   She  elaborated  that job  was  to provide  the                                                               
direction  for changes  to the  nine regulatory  chapters in  the                                                               
division, to manage  the budgets so that the  resources were used                                                               
wisely, and to  provide clear direction for  staff and management                                                               
decisions.  She  directed attention to slide 4, "What  do we do?"                                                               
and  listed the  core services  of the  program, which  included:                                                               
assistance   to  federally   regulated   public  water   systems,                                                               
enforcement  of standards  for  monitoring  of contaminants,  and                                                               
review of construction, installation  and operation plans for the                                                               
construction and modification of public water systems.                                                                          
                                                                                                                                
1:45:14 PM                                                                                                                    
                                                                                                                                
MS.  RYAN moved  on  to slide  5, "Federally-Designated,"  noting                                                               
that federally  designated water systems were  defined as serving                                                               
25  or more  people.   She reported  that federal  drinking water                                                               
regulations  often  had complex  rule  changes,  which the  state                                                               
would  adopt.    She  stated  that  there  were  more  than  1500                                                               
federally  designated water  systems in  Alaska, for  both ground                                                               
water and surface water.                                                                                                        
                                                                                                                                
MS.  RYAN, pointing  to slide  6, "State-Regulated,"  shared that                                                               
the standards  for the state  regulated systems, which  served 25                                                               
or fewer  people, were not  equivalent to the  federal standards.                                                               
She  shared  that these  systems  served  assisted living  homes,                                                               
apartments,  day  care facilities,  and  office  buildings.   She                                                               
affirmed that there  were not any standards for  private homes or                                                               
duplexes.                                                                                                                       
                                                                                                                                
1:49:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE   asked  which  regulatory   designation  covered                                                               
restaurants.                                                                                                                    
                                                                                                                                
MS. RYAN replied that about  200 restaurants were included in the                                                               
small state regulated systems.                                                                                                  
                                                                                                                                
1:50:03 PM                                                                                                                    
                                                                                                                                
MS. RYAN,  in response  to Representative  Herron, said  that the                                                               
well  on the  Salcha  Fairgrounds was  currently inoperable,  but                                                               
that money had been requested to drill a new well.                                                                              
                                                                                                                                
1:50:36 PM                                                                                                                    
                                                                                                                                
MS.  RYAN  presented slide  7,  "Successes  and Challenges,"  and                                                               
shared  that  the Drinking  Water  Program  had 57  employees  to                                                               
supply  technical  assistance  for compliance  with  the  federal                                                               
water systems  regulations.   She confirmed  that Alaska  was the                                                               
only  state   allowed  to  certify  third   party  engineers  for                                                               
inspections.  She  announced that Alaska was also  the only state                                                               
granted a waiver to the 48  hour hold times for bacteria samples,                                                               
in order to allow  extra time to get water samples  to a lab from                                                               
remote areas.  In response  to Co-Chair Feige, she explained that                                                               
the source water assessment program  assisted local water systems                                                               
with programs  for protection, which  would, in turn,  reduce the                                                               
extensive monitoring requirements.                                                                                              
                                                                                                                                
1:53:26 PM                                                                                                                    
                                                                                                                                
MS. RYAN,  in response  to Representative  Herron, said  that the                                                               
grant opportunities for drinking  water protection were statewide                                                               
and were being well received.                                                                                                   
                                                                                                                                
1:54:21 PM                                                                                                                    
                                                                                                                                
MS. RYAN pointed out that the  plan offered knowledge for all the                                                               
potential risks to the source water.                                                                                            
                                                                                                                                
1:54:50 PM                                                                                                                    
                                                                                                                                
MS.  RYAN  moved  on  to  discuss  "Pesticide  Control  and  DEC,                                                               
Statutory Authority"  (slide 9) and  she listed the  statutes for                                                               
regulation, which  included three aspects:   control, spraying in                                                               
public places, and public pesticide programs.                                                                                   
                                                                                                                                
CO-CHAIR FEIGE  asked if there would  be a serious effect  if the                                                               
public pesticide program requirement was repealed.                                                                              
                                                                                                                                
MS. RYAN replied that AS  46.03.330 was an antiquated statute; as                                                               
the pesticide product had already  been approved, to also require                                                               
a permit to spray created a double standard.                                                                                    
                                                                                                                                
1:57:04 PM                                                                                                                    
                                                                                                                                
MS. RYAN  presented slide 10,  "What do  we do?", noted  that the                                                               
pesticide program only had five  employees, and mentioned that it                                                               
conducted the  inspections and issued  the permits  for pesticide                                                               
application.                                                                                                                    
                                                                                                                                
1:58:27 PM                                                                                                                    
                                                                                                                                
MS. RYAN agreed that the bed  bug information on the web site was                                                               
only offered as a courtesy.                                                                                                     
                                                                                                                                
1:59:08 PM                                                                                                                    
                                                                                                                                
MS.  RYAN   directed  attention  to  slide   11,  "Successes  and                                                               
Challenges,"  and explained  the difficulty  of issuing  a permit                                                               
for the Alaska  Railroad to spray a benign herbicide.   She noted                                                               
that there were 5000 pesticide products registered in Alaska.                                                                   
                                                                                                                                
2:00:15 PM                                                                                                                    
                                                                                                                                
MS. RYAN reviewed slide 13,  "Solid Waste Management and DEC What                                                               
do  we  do?"    She  explained that  this  was  about  land  fill                                                               
regulation  permits and  monitoring.   She  introduced slide  14,                                                               
"Basics," and  noted that  the Solid Waste  Program had  14 staff                                                               
and monitored  301 landfills.   She declared  that all 23  of the                                                               
large  landfills, 5  tons or  more each  day, and  all 26  of the                                                               
industrial  landfills were  permitted  and "running  well."   She                                                               
specified that only  22 percent of the  approximately 250 village                                                               
landfills,  less than  5  tons  each day,  were  permitted.   She                                                               
explained that  on-line management  plans were available  for the                                                               
village  landfills.    Remarking  on slide  16,  "Challenges  and                                                               
Successes," she  lauded that  only about 50  of the  600 inactive                                                               
drilling waste pits were still left to clean up.                                                                                
                                                                                                                                
2:04:21 PM                                                                                                                    
                                                                                                                                
MS. RYAN,  in response  to Representative  Herron, said  that she                                                               
did  not  know  how  many  videos  had  been  submitted  for  the                                                               
"Unraveling of Trash" contest.                                                                                                  
                                                                                                                                
2:04:38 PM                                                                                                                    
                                                                                                                                
MS.  RYAN moved  on  to  slide 18,  "Food  Safety and  Sanitation                                                               
Statutory Authority  and Regulations-Food."   She noted  that the                                                               
Food, Drug, and Cosmetic Act,  AS 17.20, ensured that food either                                                               
offered to the  public, or sold, was safe.   She shared that this                                                               
also  included  aquatic  farms   and  seafood  processing.    She                                                               
clarified  that  the  Division   of  Agriculture  (Department  of                                                               
Natural Resources) was in charge of raw products.                                                                               
                                                                                                                                
2:07:13 PM                                                                                                                    
                                                                                                                                
MS. RYAN called  attention to slide 19,  "Sanitation," and stated                                                               
that AS  18.35 and AS  44.46.020 regulated body  piercing, public                                                               
toilets, pools and spas, and laundromats.                                                                                       
                                                                                                                                
2:07:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked about the history of AS 17.20.                                                                        
                                                                                                                                
MS. RYAN  replied that there  had been no substantial  changes to                                                               
it since statehood, and that it  was a challenge to determine its                                                               
boundaries.  She  assessed slide 20, "What do we  do?" and voiced                                                               
that  the  program  "established standards  for  the  permitting,                                                               
inspecting, and  enforcing of food  processing."   She reiterated                                                               
that this did not include whole  foods.  She conveyed that the 40                                                               
staff in  8 offices provided  education and training on  the safe                                                               
handling  of  food, and  monitored  more  than 4500  restaurants,                                                               
markets, and  food processors, 786  seafood processors,  and 3716                                                               
public facilities.                                                                                                              
                                                                                                                                
2:10:12 PM                                                                                                                    
                                                                                                                                
MS.  RYAN discussed  slide 21,  "Basics."   She reported  that 26                                                               
percent  of   the  permitted  retail  food   establishments  were                                                               
inspected in 2010.   She offered her belief  that the infrequency                                                               
of these  food inspections, which included  technical assistance,                                                               
was a  cause for the  higher rate  of violation by  the inspected                                                               
food establishments.  She spoke about  the success of the on line                                                               
food  handler program,  which had  distributed 90,000  cards over                                                               
the previous  four years.   She  pointed out  that any  food sold                                                               
beyond state lines was regulated by FDA.                                                                                        
                                                                                                                                
2:12:35 PM                                                                                                                    
                                                                                                                                
MS. RYAN  shifted to  slide 22,  "Successes and  Challenges," and                                                               
acknowledged there  were regulations at public  events where food                                                               
was offered or sold.                                                                                                            
                                                                                                                                
2:13:28 PM                                                                                                                    
                                                                                                                                
MS. RYAN  directed attention to slide  23, "What can be  sold off                                                               
the farm with no DEC oversight?"   She stated that products which                                                               
needed to  be cooked  before eating  were not  usually regulated.                                                               
She stated that smoked fish,  cheese, and baggy leafy greens were                                                               
all foods that needed a permit.                                                                                                 
                                                                                                                                
2:14:12 PM                                                                                                                    
                                                                                                                                
MS.  RYAN, in  response Co-Chair  Seaton, said  that milk  should                                                               
have been listed with foods requiring a permit.                                                                                 
                                                                                                                                
2:14:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked to clarify custom processed meat.                                                                  
                                                                                                                                
MS. RYAN  explained that  meat can  be processed  for use  by the                                                               
animal owner without a permit.                                                                                                  
                                                                                                                                
2:15:27 PM                                                                                                                    
                                                                                                                                
MS. RYAN,  addressed slide 24  and slide 25, "Are  people getting                                                               
sick?" which  listed the food  borne illness outbreaks  in Alaska                                                               
since 2004.                                                                                                                     
                                                                                                                                
MS. RYAN, in response to  Representative Kawasaki, said that such                                                               
infrequent  inspections, due  to  budget limitations,  lead to  a                                                               
continuance of  the illness  outbreaks.   She selected  slide 27,                                                               
"State Veterinarian," and said that  the overall authority was to                                                               
keep animals  from making humans sick.   She turned to  slide 28,                                                               
"What  do we  do?"  and  shared that  there  were  just 5  staff,                                                               
including 2 veterinarians, who sampled  and monitored animals for                                                               
diseases.                                                                                                                       
                                                                                                                                
2:18:46 PM                                                                                                                    
                                                                                                                                
MS. RYAN turned to slide  29, "Successes and Challenges," pointed                                                               
to the need for a revision  to the animal health regulations, and                                                               
opined that  it was going to  be controversial.  She  stated that                                                               
the  maintenance   of  Alaska's  disease-free  status   was  very                                                               
important.                                                                                                                      
                                                                                                                                
2:19:50 PM                                                                                                                    
                                                                                                                                
MS. RYAN  introduced "What's  going on  with Cheese?"  (slide 30)                                                               
and  shared that  a state  statute required  that dairy  products                                                               
comply with  the U.S. Pasteurized  Milk Ordinance.   She assessed                                                               
that Alaska was no stricter than other states.                                                                                  
                                                                                                                                
2:20:46 PM                                                                                                                    
                                                                                                                                
MS.  RYAN  moved  forward  to  slide  32,  "Environmental  Health                                                               
Laboratory What  do we do?" and  offered a quick overview  of the                                                               
lab  and its  environmental samples  testing process.   She  said                                                               
that the lab ran almost 70,000 tests in 2010, primarily on food.                                                                
                                                                                                                                
2:22:02 PM                                                                                                                    
                                                                                                                                
MS. RYAN,  in response to  a question from Co-Chair  Seaton, said                                                               
that  the additional  Ketchikan based  position for  aquatic farm                                                               
site permits  had been filled.   She talked about the  new marine                                                               
vessel tracking  program, which eliminated the  need to accompany                                                               
the vessel to monitor the sample collections.                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:24:25 PM                                                                                                                    
                                                                                                                                
ALICE  EDWARDS,   Acting  Director,  Division  of   Air  Quality,                                                               
Department  of  Environmental  Conservation  (DEC),  presented  a                                                               
PowerPoint,  "Division of  Air Quality  Overview, "  [Included in                                                               
members' packets.] read from slide  2, "Mission," and stated that                                                               
the  mission  of the  division  was  "to conserve,  improve,  and                                                               
protect Alaska's  natural resources  and environment  and control                                                               
air  pollution,  in order  to  enhance  the health,  safety,  and                                                               
welfare of the  people of the state."   She moved on  to slide 3,                                                               
"Core  Services,"  and explained  that  the  division issued  air                                                               
quality  permits to  facilities,  provided compliance  assistance                                                               
and enforcement,  provided assistance  to communities  to protect                                                               
air   quality,  and   conducted  air   quality  assessments   and                                                               
monitoring.                                                                                                                     
                                                                                                                                
2:25:41 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS presented  slide 4, "Programs," and  listed the three                                                               
primary air  quality programs:   air  permits, air  non-point and                                                               
mobile sources,  and air monitoring  and quality assurance.   She                                                               
provided  slide  5,  "Air   Quality  Division  Structure,"  which                                                               
portrayed the structure of the division.                                                                                        
                                                                                                                                
MS.  EDWARDS referred  to  slide 6,  "Air  Permits Program,"  and                                                               
listed  the three  focuses:   authorize construction  of new  and                                                               
modified   facilities,  establish   compliance  monitoring,   and                                                               
conduct  compliance assurance  inspections on  permit deviations.                                                               
She  confirmed that  the  Air Permits  Program  ensured that  air                                                               
emissions  from industrial  operations did  not create  unhealthy                                                               
air.                                                                                                                            
                                                                                                                                
2:28:28 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS summarized  slide 7  and slide  8, "Air  Non-Point &                                                               
Mobile Source Program," and explained  that the program "partners                                                               
with communities to  look at options and find  solutions to local                                                               
and regional air  quality concerns."  She relayed  that the focus                                                               
was primarily on  mobile and area sources of  pollution, and that                                                               
it conducted education  and outreach on air quality  issues.  She                                                               
pointed  out  that  the   program  ensured  that  community-based                                                               
pollution control programs were  incorporated with the Alaska air                                                               
quality plan.                                                                                                                   
                                                                                                                                
2:30:44 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS,  addressing slide  9 and  slide 10,  "Air Monitoring                                                               
and   Quality  Assurance   Program,"  said   that  these   assess                                                               
compliance with  the national ambient air  quality standards, and                                                               
provide  quality assurance  audits for  the state  air monitoring                                                               
network.                                                                                                                        
                                                                                                                                
2:31:26 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS,  in  response  to Co-Chair  Feige,  said  that  the                                                               
monitoring was  concentrated in  the primary  population centers.                                                               
She  added  that  the  program  also  assisted  communities  with                                                               
special  monitoring studies,  such  as wildfire  smoke and  dust.                                                               
She declared that the program issued the air quality advisories.                                                                
                                                                                                                                
2:33:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DICK asked if there  was any consideration for the                                                               
Arctic haze emanating from Asia.                                                                                                
                                                                                                                                
MS. EDWARDS replied that there  was monitoring and announced that                                                               
the  division   had  just  finished   its  Regional   Haze  State                                                               
Implementation Plan.   She  agreed that there  was a  haze impact                                                               
from both Asia and Northern Europe.                                                                                             
                                                                                                                                
2:34:31 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS, speaking  about slide  11, "Administrative  Support                                                               
Program," pointed  out that the program  provided assistance with                                                               
budgets,  grants, and  billings.   She spoke  about the  "Ongoing                                                               
Permit  Streamlining  and  Process  Improvement  Initiatives  and                                                               
Challenges" listed  on slide 13  and slide  14.  She  shared that                                                               
the goal  was to  improve the consistency  and timeliness  of the                                                               
permitting,  while maintaining  high quality,  legally defensible                                                               
permits.   She  said  that  the division  sought  to improve  the                                                               
predictability    by   standardizing    processes   and    permit                                                               
requirements, and  had established  a quality  management system.                                                               
She explained  that operating permits had  standard conditions to                                                               
improve efficiency.                                                                                                             
                                                                                                                                
2:37:06 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS  explained the next  challenge, depicted on  slide 16                                                               
and  slide  17, "Fairbanks  PR  2.5."    She announced  that  the                                                               
Fairbanks/North Pole area was exceeding  the 24 hour standard for                                                               
fine particulate matter, and that  an air quality attainment plan                                                               
was due  in December, 2012.   She allowed  that the plan  and the                                                               
control  options were  controversial  in Fairbanks,  as the  fine                                                               
particulate  matter  was  all  coming  from  combustion  sources,                                                               
including home heating from wood and  coal.  She agreed that this                                                               
was  a complex  problem.   She opined  that it  was realistically                                                               
attainable  to achieve  the  standard,  but that  it  would be  a                                                               
complicated process, with difficult choices.                                                                                    
                                                                                                                                
2:40:52 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS said that the  Division was coordinating the planning                                                               
efforts between the state, the  Fairbanks North Star Borough, and                                                               
the Environmental  Protection Agency (EPA).   She noted  that the                                                               
Division was  actively responding to complaints  about smoke, and                                                               
working  on public  education  to mitigate  the  pollution.   She                                                               
stated  that  there was  also  a  study to  characterize  vehicle                                                               
emissions at cold temperatures.                                                                                                 
                                                                                                                                
2:42:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked if  the regulations  had any  allowance for                                                               
natural sources of particulates, such as wildfires.                                                                             
                                                                                                                                
MS. EDWARDS replied that EPA  did distinguish between natural and                                                               
manmade sources.                                                                                                                
                                                                                                                                
2:43:32 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS  spoke about dust  in rural Alaska, noting  that many                                                               
homes were  right on the unpaved  roadways.  She stated  that the                                                               
dust was a potential health issue.                                                                                              
                                                                                                                                
2:45:15 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS shared  that  complaints about  dust  came from  all                                                               
across Alaska.   She  directed attention  to slide  20, "Airborne                                                               
Dust in  Alaska," which plotted the  communities which registered                                                               
complaints and monitored  for dust.  She  indicated that fugitive                                                               
dust  came from  many  sources, including  material handling  and                                                               
sandblasting.   She reported that there  were scheduled workshops                                                               
to address fugitive dust regulations and solutions.                                                                             
                                                                                                                                
2:47:53 PM                                                                                                                    
                                                                                                                                
MS.   EDWARDS,  in   response  to   an   earlier  question   from                                                               
Representative  P.  Wilson,  shared  that DEC  was  working  with                                                               
Department of  Transportation &  Public Facilities  for solutions                                                               
to  dust impacts  from  rural roads.   She  reported  on a  pilot                                                               
program  in   eight  communities  which  applied   chemical  dust                                                               
suppressant on the road surface.                                                                                                
                                                                                                                                
2:49:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  asked when this pilot  program would be                                                               
completed.                                                                                                                      
                                                                                                                                
MS. EDWARDS  offered her  belief that  more information  would be                                                               
available by early 2012.                                                                                                        
                                                                                                                                
2:50:18 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS spoke  about "Revised  National Ambient  Air Quality                                                               
Standards" (slide 22).   She said that these  were reviewed every                                                               
five years  and that a few  new standards had been  adopted.  She                                                               
opined that EPA could revise  the carbon monoxide and particulate                                                               
matter standards during the upcoming year.                                                                                      
                                                                                                                                
2:52:18 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS reviewed  the chart on slide 23,  which reflected the                                                               
change in particulate matter standards since 1997.                                                                              
                                                                                                                                
2:53:12 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS  directed attention  to slide 24  and slide  25, "New                                                               
EPA Air  Quality Rules,"  and discussed  the challenges  when EPA                                                               
issued new  and revised rules.   She reported on the  green house                                                               
gas  permitting rules,  and shared  that Alaska  had adopted  the                                                               
federal requirements.                                                                                                           
                                                                                                                                
2:54:46 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS confirmed  that EPA  had issued  an advanced  notice                                                               
regarding  potential  regulation  of lead  in  aviation  gasoline                                                               
because of health  problems, and that Alaska  had submitted early                                                               
comments  for  its  concerns.   She  observed  that  these  early                                                               
comments allowed EPA to gather  additional information and better                                                               
consider  the concerns.   She  opined  that new  EPA air  quality                                                               
standards  needed   to  be  released  along   with  guidance  for                                                               
implementation.                                                                                                                 
                                                                                                                                
2:56:24 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS directed  attention to  slide 26,  "North Slope  Air                                                               
Quality Assessment."   She  stated that  DEC wanted  a pro-active                                                               
approach to  air quality issues on  the North Slope, in  order to                                                               
better  address  local concerns  for  air  pollution as  well  as                                                               
determine where additional data could  be useful.  She listed the                                                               
short term goals  to include:  assess and  summarize the existing                                                               
emission  and   meteorological  data,  determine  the   need  for                                                               
additional  relevant  data  for permits  and  impact  assessment,                                                               
develop a  technical approach for modeling  regional impacts, and                                                               
determine  a  long term  strategy  for  monitoring and  assessing                                                               
impacts.                                                                                                                        
                                                                                                                                
2:58:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE asked  about the  impact of  EPA requirements  on                                                               
state resource development.                                                                                                     
                                                                                                                                
MS.  EDWARDS,  in response,  opined  that  the regulations  posed                                                               
challenges which  were not insurmountable.   She voiced  that DEC                                                               
was working  to incorporate the  EPA requirements with  the state                                                               
requirements.  She noted that air quality permits were complex.                                                                 
                                                                                                                                
2:59:31 PM                                                                                                                    
                                                                                                                                
MS. EDWARDS, in  response to Representative P.  Wilson, said that                                                               
EPA was working on air  quality permits for the outer continental                                                               
shelf (OCS)  activities.   She observed that  much of  the permit                                                               
work was based on on-shore monitoring data and modeling.                                                                        
                                                                                                                                
3:00:17 PM                                                                                                                    
                                                                                                                                
MS.  EDWARDS, in  response to  Representative  Foster, said  that                                                               
currently  there  were  no  aviation  gasoline  proposals.    She                                                               
explained  the  multi-step  process   to  include  an  engagement                                                               
finding  for  determining  if  the leaded  fuel  was  causing  an                                                               
endangerment.  She  pointed out that, for  concerns with aviation                                                               
fuel, EPA  had to work  with the Federal  Aviation Administration                                                               
(FAA).   She agreed  that this  was a huge  issue for  Alaska, as                                                               
currently there was  not a replacement fuel.   She predicted that                                                               
EPA would not propose a regulation without a replacement option.                                                                
                                                                                                                                
3:02:46 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 3:02 p.m.                                                                 

Document Name Date/Time Subjects
DEC - Comm. Office Overview.pdf HRES 1/28/2011 1:00:00 PM
DEC - Div. of Environmt. Health Overview.pdf HRES 1/28/2011 1:00:00 PM
DEC Div. of Air Quality Overview.pdf HRES 1/28/2011 1:00:00 PM