Legislature(1995 - 1996)
05/01/1996 06:15 PM Senate RES
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* first hearing in first committee of referral
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SENATE RESOURCES COMMITTEE
May 1, 1996
6:15 p.m.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Drue Pearce, Vice Chairman
MEMBERS ABSENT
Senator Steve Frank
Senator Rick Halford
Senator Robin Taylor
Senator Georgianna Lincoln
Senator Lyman Hoffman
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 342(RES) am
"An Act relating to water quality."
HOUSE JOINT RESOLUTION NO. 66 am
Relating to opposing the American Heritage Areas Program.
PREVIOUS SENATE COMMITTEE ACTION
HB 342 - No previous action to record.
HJR 66 - No previous action to record.
WITNESS REGISTER
Representative Norman Rokeberg
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Prime Sponsor of HB 342
Janice Adair, Director
Division of Environmental Health
Department of Environmental Conservation
555 Cordova St.
Anchorage, AK 99501
POSITION STATEMENT: Has concerns with CSHB 342(RES) am
Becky Gay, Executive Director
Resource Development Council
121 W. Fireweed Lane, #250
Anchorage, AK 99503
POSITION STATEMENT: Testified in support of CSHB 342(RES) am
Bruce Campbell, Staff to Representative Pete Kelly
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on CSHB 342(RES) am
ACTION NARRATIVE
TAPE 96-70, SIDE A
Number 001
CSHB 342(RES) am WATER QUALITY STANDARDS
CHAIRMAN LEMAN called the Senate Resources Committee meeting to
order at 6:15 p.m. The committee lacked a quorum, however, the
Chairman stated testimony would be taken on CSHB 342(RES) am.
REPRESENTATIVE NORMAN ROKEBERG , prime sponsor of HB 342, explained
the legislation is intended to provide to the members of the public
and industry water quality standards when users of the water apply
for permits. It provides that methods of measurements of water
quality are approved in writing by the Environmental Protection
Agency (EPA), or, for the purpose of flexibility, are substantially
equivalent and approved by the Department of Environmental
Conservation (DEC). It adopts the Imhoff Cone method for
measurement of sediment, which is the EPA standard. Most
importantly, the bill mandates that DEC may not adopt a water
quality standard that is more restrictive than applicable federal
law or regulation, and when a revision of an existing regulation is
needed, the department must act promptly at the request of a water
user permittee to modify state regulations. DEC may not require
the discharge of water to be cleaner than a natural condition of
receiving water.
JANICE ADAIR , Director, Division of Environmental Health,
Department of Environmental Conservation, outlined the department's
three basic concerns with the legislation:
(1) It appears that it would limit sediment to being only
settleable solids and would preclude the department from setting a
standard and a measurement method for total suspended solids. The
department has been conducting a study on total suspended solids,
with a report due out in July, and this legislation seems to
prejudge the outcome of that study, so the department not does not
support that provision.
(2) It provides a process that would automatically move the
revision of water quality standards regulations that can be very
contentious up to the top of the priority list by having a time
certain by which it must be done, and which will come at the
expense of issuing permits.
(3) There are terms in the bill that don't seem to fit, and the
bill is not very artfully drafted. The inclusion in the work draft
of "contaminated sea life consumption rates" causes the department
a great deal of concern.
CHAIRMAN LEMAN asked Ms. Adair how soon she could provide the
committee with a mark-up of more artfully drafted language, as well
as information on how these standards are more stringent than
federal standards. MS. ADAIR agreed to provide the requested
information the following day.
REPRESENTATIVE ROKEBERG noted the whole sea life issue was brought
about by an amendment by Representative Brown, and he asked Ms.
Adair if she would be willing to just remove it entirely from the
bill. MS. ADAIR responded that she felt she didn't know enough
about the issue to answer that question, and that she would talk
with DEC staff about it.
REPRESENTATIVE ROKEBERG , speaking to the sediment standards, said
he understands there has been an agreement by DEC that in the
regulations the Imhoff Cone method is going to be the standard they
are going to use, but there seems to be some controversy about the
issue of total suspended solids. He suggested this is the EPA
standard of sediment, and he doesn't think it is appropriate to
bring this whole idea, which is under study right now into play at
this time. He added that if, in fact, DEC can come up with a
standard for the TSS that's going to be workable and agreeable to
the people in the industries in the state, then it obviously should
be considered, but the point in fact is that so businesses and
activities can continue without being impeded by regulation, it is
necessary to put this into statute.
CHAIRMAN LEMAN observed that he believes the Imhoff Cone is the EPA
standard for measuring settleable solids, that is the volumetric
approach to measuring settleable solids, and MS. ADAIR agreed with
his observation.
Number 260
BECKY GAY , Executive Director, Resource Development Council,
expressed appreciation to the sponsor, his staff, and Ms. Adair of
DEC for all of the work they have done on this legislation. She
noted she has submitted a letter of support for the bill as it is
currently drafted. She said the reason this legislation is
effective is it is a prospective bill--it is mostly aimed at if the
future laws change.
Speaking to the three concerns expressed by Ms. Adair, Ms. Gay said
DEC already uses the Imhoff Cone standard, they made that policy
call to use that as a standard to measure sediment. She said it is
true that it measures settleable solids, but it gets you to the
place we want to get. She believes the additional component to
making changes happen in the revision of water quality standards
process will be much more efficient, and she thinks the threat of
it coming at the expense of the permittees is really bogus because
the department cannot even do them in a timely fashion now.
Number 375
BRUCE CAMPBELL , staff to Representative Pete Kelly, said the human
health criteria and the contaminated sea life is an issue that is
frequently misunderstood and twisted in the process. The use of
the phrase "contaminated sea life" brings to point the human health
criteria in a way that can help DEC dramatically. He said it has
nothing to do with the seafood issues also regulated in a different
fashion. He said he agrees with Ms. Adair that the water quality
standards process is a complex area, but he asserted it is complex
because of the way her staff has treated the process. He said they
have not achieved a way of making it simpler, but, in fact, making
it more complicated, and the average, ordinary citizens of the
state of Alaska are in jeopardy of violating those standards with
little opportunity to find a means to comply with them.
CHAIRMAN LEMAN stated CSHB 342(RES) am would be held over until the
following day and he would work on it as a subcommittee of one and
be open to any comments on it.
CHAIRMAN LEMAN stated HJR 66 am (OPPOSE AMERICAN HERITAGE AREAS)
would be held over until the following day.
CHAIRMAN LEMAN then recessed the meeting at 6:50 p.m. to a call of
the chair the following day.
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