Legislature(1997 - 1998)

01/27/1997 03:35 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                        January 27, 1997                                       
                           3:35 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Rick Halford, Chairman                                                
 Senator Lyda Green, Vice Chairman                                             
 Senator Loren Leman                                                           
 Senator Bert Sharp                                                            
 Senator Robin Taylor                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator John Torgerson                                                        
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 Department of Environmental Conservation Overview Presentation by             
 Commissioner Michelle Brown and Mr. Keith Kelton, Director,                   
 Division of Facility Construction and Operation                               
                                                                               
      ACTION NARRATIVE                                                         
                                                                               
  TAPE 97-3, SIDE A                                                            
 Number 001                                                                    
                                                                               
  CHAIRMAN HALFORD  called the Senate Resources Committee meeting to           
 order at 3:35 p.m. and announced the DEC Overview.                            
                                                                               
  COMMISSIONER MICHELLE BROWN  stated that the quality of Alaska's             
 air, water, and land resources is central to our social and                   
 economic future.  The management of these resources should be based           
 upon sound science, fairness, consistency, public involvement, and            
 common sense.  She said they are here to solve problems and to do             
 development right, working toward compliance and technical                    
 assistance as their mission.                                                  
                                                                               
 She pointed out that 25% of their core services are in the areas of           
 safe food and drinking water, proper sanitation, and better waste             
 disposal.  In Alaska many of these fundamental services are                   
 performed by the State.                                                       
                                                                               
  COMMISSIONER BROWN  explained that disciplined budgeting has been            
 done with some sacrificing their core services.  Their general fund           
 dollars have decreased by 70%.  Some of this has been replaced with           
 GF matched and program receipts, but even accounting for these the            
 funding had decreased 43%.  This decrease is very problematic, she            
 said, because there are no other sources of funding available for             
 the core public health services.                                              
                                                                               
 Number 82                                                                     
                                                                               
  COMMISSIONER BROWN  reported that their facilities construction and          
 operation mission is to eliminate the honey bucket systems in rural           
 Alaska. The Division of Facility Construction and Operation (FC&O)            
 administers grants and loans and provides operational systems on a            
 daily basis to municipal and village governments for water, sewer,            
 and solid waste systems.  They also work with the Governor's                  
 Washington Office and the Congressional delegation to secure                  
 consistent funding for these projects.  Last year the work in this            
 division improved the lives of approximately 800 rural Alaskan                
 children by providing safe drinking water and sanitary sewage                 
 disposal to 520 households where it was previously being hauled.              
 They have also improved water and sewer handling to an additional             
 900 households.  In '98 they plan to add another 1,100 households.            
                                                                               
 Their remote maintenance workers provide training and technical               
 assistance to 126 rural communities and 280 individuals have been             
 trained to pass operator certification exams.  These projects also            
 generate seasonal employment for over 1,000 rural resident and                
 provide about $8 million in wages.  The municipal program results             
 in about 300 construction jobs yearly.  Urban Alaska engineering              
 firms, vendors, and freight operators also benefit from about $12 -           
  $15 million in business from these projects, she said.                       
                                                                               
 The Environmental Health Division inspects almost 900 fish                    
 processing facilities in the State.  Alaska is the largest producer           
 of wild salmon in the country and our processors produce 50% of the           
 nation's seafood.  They recently won the Vice President's Hammer              
 award for streamlining government by creating with FDA a regional             
 seafood data base that enable our products to get on the European             
 market quicker.                                                               
                                                                               
 There is a food safety program that inspects over 4,000 facilities            
 each year,  COMMISSIONER BROWN  said.  They are moving to a risk              
 based inspection program to ensure that their resources are devoted           
 to the areas posing the greatest health risk.  Both their meat                
 inspection and food safety programs received federal recognition              
 this year as exemplary programs.                                              
                                                                               
  COMMISSIONER BROWN  reported that the Air and Water Division assists         
 500 operators who need air permits.  Yearly they issue 50                     
 construction permits and 150 operating permits and do site specific           
 technical assistance visits to 250 operators.  They work with local           
 governments in solving their air quality programs and are                     
 developing a monitoring plan for radio-active material that may be            
 leaking on Amchitka Island.  They have pending before EPA a request           
 to exempt Alaska from the low-sulphur fuel diesel requirements for            
 cars and trucks, because the millions of dollars it would take can            
 not be justified by the small health benefits to be achieved.                 
                                                                               
 Number 140                                                                    
  CHAIRMAN HALFORD  asked if that included all uses of diesel.                 
  COMMISSIONER BROWN  answered that this requirement deals with mobile         
 sources like cars and trucks.  Stationary sources are covered by              
 permits and they have emissions limits.  A problem is created when            
 mobile sources move in as part of a stationary operation for some             
 period of time - like a drilling rig.  There are two alternatives:            
 to remodel the emission permits or to use low-sulphur fuel.                   
                                                                               
  CHAIRMAN HALFORD  asked what would be the availability and cost of           
 low-sulphur fuel which is not available in Alaska.   COMMISSIONER             
 BROWN  replied that the operators felt it was not a particular                
 hardship, but the refiners felt it caused them a serious problem,             
 because if they weren't producing it, they would loose the market             
 share.  Therefore, they pulled the regulation back and are                    
 continuing to work on it.                                                     
                                                                               
  CHAIRMAN HALFORD  commented that there are mobile sources, fixed             
 engines, and non-road engines.  He asked what a D10 would be.                 
  COMMISSIONER BROWN  replied that it would be covered under the               
 permit for the stationary facility.                                           
                                                                               
 Number 176                                                                    
                                                                               
  COMMISSIONER BROWN  continued saying that the Division of Water              
 certifies federal water discharge permits for about four major                
 facilities per year and about 20 municipal waste water discharges.            
 They also approved 60 major forest plans and provide technical                
 assistance to 15 timber operations.  They complete approximately              
 300 water quality certifications for dredge and fuel permits and              
 review another 200 permits for compliance with State water quality            
 requirements, focusing on those that have significant water-shed              
 impacts.                                                                      
                                                                               
 This year they launched a public water quality work group to work             
 on 12 standards which were identified by the public and industry as           
 causing them day-to-day problems.                                             
                                                                               
 The State-wide Public Service Division routinely gets about 13,000            
 requests for information and assistance each year.  This group                
 works with communities and large facilities to prioritize issues on           
 a department-wide basis.  This group also works with local                    
 communities to find solutions to avoid costly replacement of                  
 equipment or shipment outside of waste materials.  They helped                
 develop an excess materials exchange that saved Alaska business               
 about $500 thousand dollars so far as well as reduced loads on land           
 fills.  They also have a pit-stop program, a service to the auto-             
 motive sector which provides technical assistance to 220 small                
 businesses on how to manage and reduce pollution.                             
                                                                               
 The Spill Prevention and Response Division last year cleaned up 135           
 additional contaminated sites from previous years and they have               
 major clean-ups underway at King Salmon, the Pribiloff Islands, the           
 PAPC Site in Sitka, and they are beginning on KPC Site in                     
 Ketchikan.  They turned over initial spill response equipment to 14           
 local communities to enhance their efforts to respond to spills               
 rather than have them depend upon the State.  They have also                  
 adopted best-available technology regulations for the State's Oil             
 Pollution Prevention and Response Statute.                                    
                                                                               
 Right now, they have launched an initiative to develop State-wide             
 risk based clean-up standards for contaminated sites which tailors            
 clean-up standards to the risks that are posed by the type of                 
 contaminant and the location.  She said there has been a major                
 achievement in Prince William Sound where the TAPS owners have                
 agreed to enhance the current tug escort and rescue capacity and              
 are bringing up new state-of-the-art vessels and the first one will           
 be here in about three months.                                                
                                                                               
 Administrative Services was put under single management about a               
 year and a half ago allowing them to be more efficient, to decrease           
 staff, and to simplify department-wide practices such as billings.            
                                                                               
                                                                               
 Number 261                                                                    
                                                                               
  COMMISSIONER BROWN  reviewed the status of adopted legislation that          
 the committee requested by reading the hand-out available in the              
 packets.                                                                      
                                                                               
 Number 281                                                                    
                                                                               
  SENATOR LEMAN  asked regarding HB 208 if the Department's adopted            
 seafood quality regulations was the same as the HASP Program.                 
  COMMISSIONER   BROWN  replied that they are different, but she said          
 she would check on it for him.                                                
                                                                               
 Regarding SB 69,  SENATOR LEMAN  noted that he had seen a newsletter          
 from the Prince William Sound Aquaculture Association saying that             
 they had some concerns about their liability regarding disposal and           
 asked what their concern was.   COMMISSIONER BROWN  explained that            
 with the glut of salmon last year, the food banks were afraid to              
 accept some of the food that was past its prime, so they asked them           
 for guidance.                                                                 
                                                                               
  SENATOR TAYLOR  said he agreed that the quality of the product once          
 it was distributed was an important issue.                                    
                                                                               
  COMMISSIONER BROWN  said that they license pesticide applicators and         
 noted that is one of the professional licenses that can be withheld           
 if a person is behind on child support payments.                              
                                                                               
  SENATOR HALFORD  asked if they were coming up with a temporary               
 license for those who lose their license under the "must be                   
 withheld" as other agencies were doing.  She said she would find              
 out for him.                                                                  
                                                                               
  COMMISSIONER BROWN  said the National Toxics Rule has created                
 serious permitting problems without adding any health protections,            
 because Alaska's water is naturally high in arsenic and she met               
 with the EPA to get a stay until they do further studies.                     
                                                                               
  SENATOR LEMAN  said he remembered other problems with the Toxics             
 Rule having to do with the tabulation of the discharge waste of oil           
 operations as toxic.  She answered that she is negotiating with EPA           
 on that issue as well as a number of others.                                  
                                                                               
  COMMISSIONER BROWN  said since last year's budget they have sought           
 and received three increases for this year:  $570,000 in designated           
 program receipts for water permits and increases for clean-up                 
 oversite from the Exxon Valdez Trustee Council for specific                   
 projects.  The department has two funding requests for increases.             
 One is for the storage tank assistance program and the other is for           
 APC for teaching clean-up oversite.  They may also seek an                    
 additional $100,000 in federal receipt authority for requirements             
 under the reauthorized Safe Drinking Water Act.                               
                                                                               
  COMMISSIONER BROWN  explained that there was a more detailed summary         
 of their division in their packet.  Pages 11 and 12 have a detailed           
 list of changes in their budget.  She said she thought they had               
 made a lot of progress in DEC in achieving budget clarity and they            
 have provided a valuable service for the dollars that have been               
 spent.  All in all they have nurtured a cooperative mediated                  
 approach to environmental management.  They have some continued               
 budget challenges due to the decrease in general funds.  Some of              
 these have been offset by increases in federal funds and general              
 program receipts.                                                             
                                                                               
 She said they want to increase their ability to do compliance                 
 assistance with industry agency work groups and ambient conditions            
 monitoring.  The department needs to do a better job on handling              
 water discharge permits quicker and with better analysis                      
 particularly for operators who are unable to pay the fees for that.           
 There are no general funds to do that, she noted.                             
                                                                               
 Number 453                                                                    
                                                                               
  SENATOR LINCOLN  requested a breakdown and comparison of communities         
 that are still on the honey bucket system with unsafe water                   
 conditions because she thought that would give them a better idea             
 of where they are in the State.   COMMISSIONER BROWN  replied that            
 she would do that for her and said that they are at a little over             
 50% with households that need to have systems put in.  They                   
 anticipate being at about 79% in 2000.                                        
                                                                               
  CHAIRMAN HALFORD  asked if they had come up with some way to deal            
 with households three feet above sea level.   COMMISSIONER BROWN              
 replied that they use a mix of systems and work with a community to           
 figure out what will work best.                                               
                                                                               
  MR. KEITH KELTON  responded that there was no one answer.  There             
 were two choices in a situation like that - a vacuum system that's            
 above ground or a hauling system in closed containers.                        
                                                                               
  SENATOR TAYLOR  said he didn't think there were many people in the           
 room who were on a developed system.  If they were going to include           
 the cost of running water and sewer lines, he wanted his and his              
 neighbor's house included.  He would also like to see what the cost           
 per household was for developing the systems they have put in so              
 far.                                                                          
                                                                               
 Number 524                                                                    
                                                                               
  SENATOR LINCOLN  said they had to also look at the economy in a              
 given area as well.  Otherwise a simple solution would be for                 
 everyone to just move.  She said the State has the responsibility             
 for providing basic health care.  She was also concerned with the             
 military sites being cleaned up, because they leave behind some of            
 the worst contaminated areas that she has seen.                               
                                                                               
  COMMISSIONER BROWN  responded that with the help of our                      
 Congressional delegation, the department had been aggressive on               
 this issue.  The agreement they have with King Salmon is a one-of-            
 a-kind for the nation in which the military is letting the State              
 determine when the site is clean.                                             
                                                                               
  SENATOR LINCOLN  asked who monitors the sites.   COMMISSIONER BROWN          
  answered that she works with DOD to rank sites and ultimately                
 Congress decides where the money is going to come from.  The                  
 Department monitors the sites.                                                
                                                                               
  CHAIRMAN HALFORD  asked if general fund money was being used to do           
 the monitoring on Amchitka.  She replied no.                                  
                                                                               
  SENATOR LINCOLN  said she wanted to know how much money we had lost          
 for programs the department wanted to continue and what the impact            
 of centralization was on rural communities.                                   
                                                                               
  TAPE 97-3, SIDE B                                                            
  Number 590                                                                   
                                                                               
  COMMISSIONER BROWN  replied that they are down slightly on federal           
 dollars, but the problem is that federal dollars direct them to do            
 certain programs that may not be what the department thinks is the            
 most important.  It's the loss of general funds that's the problem.           
 She said they had not centralized, but they have programs that have           
 united so that the program development and implementation is all              
 under single leadership for continuity.                                       
                                                                               
  SENATOR GREEN  asked about disposal of hazardous material.                   
  COMMISSIONER BROWN  explained that generally hazardous waste                 
 disposal is run by land fill operators who set the terms and                  
 conditions for them.  There are periods in the summer when the                
 department does hazardous material pick-ups.  A new program funded            
 by Exxon Valdez money covered the Prince William Sound Communities,           
 but they are fairly expensive programs.                                       
                                                                               
  MR. KELTON  added that Anchorage has facilities for paints,                  
 batteries, etc.                                                               
                                                                               
 Number 529                                                                    
                                                                               
  SENATOR TAYLOR  asked if it was true that five years ago there were          
 five DEC employees in Fairbanks and today there are 45.                       
  COMMISSIONER BROWN  said she would get the exact numbers.                    
                                                                               
  SENATOR TAYLOR  asked where they were on plan approvals for oil              
 spill response.  She replied that every operator has to have                  
 contingency plans and they are approved as they come in.                      
                                                                               
  SENATOR TAYLOR  said that now two men are required to be on the              
 bridge of the tug boat because the person at the wheel may be                 
 rendered unconscious.   COMMISSIONER BROWN  responded that the risk           
 assessment recently done in Prince William Sound by a coalition of            
 emissions systems advisory groups pointed that out as a risk.                 
 Industry has determined that they want to have extra personnel to             
 offset that, but it hasn't been a requirement in the contingency              
 plan.                                                                         
                                                                               
  SENATOR TAYLOR  noted that right now Ketchikan has to ship its solid         
 waste to the Columbia River which seems to be an inordinate                   
 expense.  He asked if they could expect some help from DEC to                 
 assist communities in finding a centralized place for all of it.              
                                                                               
 Number 473                                                                    
                                                                               
  COMMISSIONER BROWN  responded that solid waste disposal was a                
 problem and that they were dealing mostly with federal standards.             
 Last year they worked with the Congressional delegation and got an            
 Alaskan specific exemption to solid waste laws so we could develop            
 programs and regulations for very small facilities that allow us to           
 focus on continual incremental improvements rather than an all or             
 nothing compliance scenario. EPA has indicated interim approval of            
 those and she expects to get primacy of the program this year.                
                                                                               
  MR. KELTON  added that the Southeast Conference has put solid waste          
 as a number one priority and have looked at regionalization                   
 concepts.  He said the State can't develop  regional  concepts   a        
 hoped their regulations were developed so as to promote regional              
 interest in taking on this responsibility.                                    
                                                                               
    SENATOR TAYLOR  commented that the garbage regulations are so              
 difficult to comply with that nobody can meet them.                           
                                                                               
 Number 435                                                                    
                                                                               
  MR. KELTON  responded that it is working in Southeast Alaska at a            
 fairly reasonable cost in the small community of Thorne Bay.  DEC             
 has assisted that community in putting in a bailer and a new land             
 fill which they are able to operate for a reasonable amount of                
 money.  The situation in Ketchikan was a local decision that he               
 personally didn't support since he had funds for an incinerator               
 which the city didn't use for three or four years.  It was their              
 choice to haul it south.                                                      
                                                                               
  CHAIRMAN HALFORD  asked if it was legal under State laws to have a           
 burn barrel and burn your trash and bury what's left in the barrel            
 every three months.   MR. KELTON  answered that as long as you are            
 outside an area that has a local ordinance, it's legal.  Individual           
 on-lot disposal is approved.                                                  
                                                                               
 Number 392                                                                    
                                                                               
  SENATOR LEMAN  asked if there were any plans approved for tankers            
 operating in Cook Inlet.   COMMISSIONER BROWN  answered that all              
 operators in Cook Inlet do have plans.  She explained that the                
 operators apply together because they have a single responder who             
 does a portion of it for them.                                                
                                                                               
  SENATOR LEMAN  asked her to comment on the progress of the storage           
 tank efforts.   COMMISSIONER BROWN  said she would get the figures to         
 him and said the legislature each year has provided funding to them           
 for upgrades as well as clean-ups.                                            
                                                                               
  SENATOR HALFORD  asked what happened if they didn't fund the capital         
 portion of it this year.   COMMISSIONER BROWN  replied that projects          
 under way and new ones slated just wouldn't happen.  The operators            
 have come to depend on this program.                                          
                                                                               
  SENATOR TAYLOR  asked if areas other than Southeast Alaska that              
 don't percolate, requiring an unconventional system, need to have             
 DEC have DEC approval.  She answered that an unconventional                   
 system's plan still needed to be approved by DEC throughout the               
 State.  She added that lenders sometimes require more than one                
 health authority to say it will work.                                         
                                                                               
  SENATOR TAYLOR  asked if honey buckets were conventional systems in          
 the areas Senator Lincoln was referring to (like in Rampart).                 
  COMMISSIONER BROWN  answered that they didn't offer permits or plan          
 approval, because that's a system that is already in place.  She              
 explained that those situations are usually where local governments           
 are not allowing the building permit, because they want someone to            
 review the plan.  She said they encourage local government to run             
 their own domestic waste water program and it is up to them to                
 determine their standards.                                                    
                                                                               
  SENATOR TAYLOR  commented that it seemed to him that a community             
 could choose to opt out of the process entirely.  That way they               
 would never see DEC in their community.   COMMISSIONER BROWN  replied         
 that if a local government takes over the program, they can run it            
 however they chose.  However, it wouldn't take long for a program             
 like that to crash and burn.  It has happened all over the State.             
  SENATOR TAYLOR  explained that he was concerned that it was possible         
 for a community to let things go until it was so bad that it became           
 some one else's problem when other communities were spending money            
 and putting in approved systems.  He wanted to see some uniformity.           
  COMMISSIONER BROWN  replied that their regulations were uniform.  An         
 unconventional system required plan approval for single families.             
 If a local community takes over an entire program, they could                 
 change it.  To the extent that a community hasn't done that, their            
 regulations are uniform throughout the State.                                 
                                                                               
  SENATOR TAYLOR  commented that he saw the same pictures of disposal          
 problems year after year.                                                     
                                                                               
 Number 300                                                                    
                                                                               
  CHAIRMAN HALFORD  asked if it was their opinion that conventional            
 systems in the average Alaska climate work or are they simply                 
 storage and transportation systems to eventually fill up the entire           
 leach capacity of the area.   MR. KELTON  said his opinion was that           
 any septic tank system in this State is ultimately going to fail.             
 It's a question of time and conditions vary greatly.                          
                                                                               
  CHAIRMAN HALFORD  clarified that it seemed to him that if someone            
 wanted to try something new that very well may work, a person                 
 needed a permit, but if you put in a conventional system that they            
 know doesn't work, a person doesn't need a permit.   COMMISSIONER             
 BROWN  said it was important to note that conventional systems that           
 will ultimately fail, will work for periods of time.  It is                   
 imperfect, but it does work temporarily.                                      
                                                                               
  CHAIRMAN HALFORD  said it was his opinion that they should be easier         
 on some alternative technologies and to encourage them more than              
 their set of criteria seems to be doing.                                      
                                                                               
 Number 232                                                                    
                                                                               
  SENATOR LEMAN  commented that "fail" was an unfortunate use of               
 words, because it's the same as tires on a car.  They will fail               
 eventually, but that doesn't mean you shouldn't use them.  You                
 should use them and then replace them at an appropriate time.  A              
 septic system may eventually clog, but if it's done properly he               
 thought it could be quite adequate in many cases.  He agreed with             
 Senator Halford, though, that alternative technologies should be              
 considered as part of the conventional that don't require plan                
 approval.                                                                     
                                                                               
  COMMISSIONER BROWN  clarified that regulations now approve a certain         
 kind of package plant.  A person needs to submit how it will work             
 under his conditions.                                                         
                                                                               
  CHAIRMAN HALFORD  asked the Department's view of combustion                  
 incinerator toilets.   COMMISSIONER BROWN  replied that they are              
 expensive.   MR. KELTON  said they have estimated up to $200 per              
 month for a family of four to operate.  In areas with natural gas             
 it would be more economical.  The system is good.                             
                                                                               
  SENATOR LINCOLN  asked if there was a housing project, did there             
 need to be an approved plan for waste.   COMMISSIONER BROWN  answered         
 that a dwelling for multiple families required approval.   SENATOR            
 LINCOLN  said that wasn't what was happening in some communities              
 like Rampart where there is a project going in right now.  The                
 system that they are using is dumping their waste on a hole in the            
 snow on top of the ground.  No one has monitored that.                        
                                                                               
  MR. KELTON  asked if the liquid lagoon in Rampart was being used.            
  SENATOR LINCOLN  explained that the lagoon in Rampart goes from the          
 laundromat and the school and that no one hauled their waste to the           
 lagoon.  She said the point was that in most villages people don't            
 haul their waste to a lagoon.                                                 
                                                                               
  COMMISSIONER BROWN  explained that DEC doesn't have legions of               
 inspectors who go out to check on how things are done.  Generally             
 inspections happen in urban areas.  She added that she didn't think           
 they wanted inspectors coming in to a community and "cracking                 
 down."  She thought it would be good for communities to come to               
 them to work together on solutions for safer ways of disposing of             
 waste.   SENATOR LINCOLN  said she thought there might be a plan for          
 the whole State to follow.                                                    
                                                                               
 Number 66                                                                     
                                                                               
  CHAIRMAN HALFORD  commented that because the State was unwilling to          
 support individual systems in the urban and suburban areas, they              
 tend to collectivize systems in small villages where they would be            
 better off with individual systems.  He thought part of the reason            
 was the political objection to building individual systems for some           
 and not for others.  However, he thought it would be better to                
 build something that would be used rather than to build something             
 that wouldn't be used and which no one would feel responsible for             
 maintaining.                                                                  
  COMMISSIONER BROWN  agreed.                                                  
                                                                               
 Number 28                                                                     
                                                                               
 There being no further business to come before the Committee,                 
  CHAIRMAN HALFORD  adjourned at 5:07 p.m.                                     
                                                                               

Document Name Date/Time Subjects