CSHB 342(RES): "An Act relating to water quality."
00CS FOR HOUSE BILL NO. 342(RES) 01 "An Act relating to water quality." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 46.03 is amended by adding new sections to read: 04 Sec. 46.03.085. WATER QUALITY STANDARDS; MEASUREMENTS. (a) 05 Except as otherwise provided in AS 46.03.087, the measurement of constituents to 06 determine whether a permittee is in compliance with permit limitations based on water 07 quality shall be by methods approved in writing by the United States Environmental 08 Protection Agency or by substantially equivalent methods approved by the department. 09 (b) The measurement of sediment to determine whether a permittee is in 10 compliance with permit limitations based on water quality shall be by the volumetric 11 Imhoff Cone method. 12 (c) Except when setting standards under AS 03.05.011(a) for shellfish growing 13 areas, as defined in the national shellfish sanitation program manual of operations 14 published by the Food and Drug Administration, and except as provided in
01 AS 46.03.087, the department may not adopt a water quality standard or other 02 regulation relating to water quality that is more restrictive than applicable federal water 03 quality criteria or regulations. Within 90 days after receiving a request to amend the 04 state's water quality standards to incorporate a change in, or elimination of, federal 05 water quality criteria, or by another date mutually agreed on by the applicant and the 06 department, the department shall either propose regulations that amend the state's 07 water quality standards to incorporate the change or elimination or follow the process 08 required under AS 46.03.087(b). If, following the process under AS 46.03.087(b), the 09 department is unable to make the written findings required under AS 46.03.087(b)(3), 10 the department shall propose regulations that amend the state's water quality standards 11 to incorporate the change or elimination of the federal water quality criteria or 12 regulations. 13 (d) In adopting and applying water quality standards, the department 14 (1) shall ensure that the standards are sufficient to protect human health 15 and maintain the state's aquatic productivity; 16 (2) shall consider the natural condition of bodies of water; 17 (3) shall use scientific justifications and water quality criteria that can 18 be reliably measured; and 19 (4) may not, when site-specific information is known or reasonably 20 available, require discharged water to be of a higher quality, in a more restrictive use 21 classification, or otherwise cleaner than the natural condition of the water into which 22 the discharge is made. 23 Sec. 46.03.087. SPECIAL PROCEDURES FOR CERTAIN WATER 24 QUALITY REGULATIONS. (a) The department may, after following the procedures 25 in this section, adopt a 26 (1) water quality standard or discharge standard that is more restrictive 27 than applicable federal water quality criteria or discharge standards; 28 (2) water quality standard or discharge standard for which there is no 29 corresponding federal water quality criteria or discharge standard; or 30 (3) regulation that allows the use of a method that is not substantially 31 equivalent to methods approved by the United States Environmental Protection Agency
01 for the measurement of constituents to determine whether a permittee is in compliance 02 with permit limitations relating to water quality. 03 (b) In order to adopt a standard or regulation governed by (a) of this section, 04 the department shall 05 (1) make available to the public, at convenient locations, copies of the 06 proposed standard or regulation and the findings of the department that describe the 07 basis for adoption; 08 (2) consider in writing the economic feasibility of the proposed 09 standard or regulation; and 10 (3) find in writing, as applicable, that 11 (A) hydrologic conditions or discharge characteristics in the 12 state or in an area of the state reasonably require the water quality standard, 13 discharge standard, or method of measurement to protect human health and 14 welfare or to maintain the state's aquatic productivity; 15 (B) the proposed standard, regulation, or method of 16 measurement is technologically feasible; and 17 (C) hydrologic conditions or discharge characteristics are 18 significantly different in the state or in an area of the state from those upon 19 which the corresponding federal criteria or regulations are based. 20 * Sec. 2. TRANSITIONAL REVIEW OF REGULATIONS. (a) The Department of 21 Environmental Conservation shall, by August 1, 1997, review its water quality regulations that 22 are in effect on the effective date of this Act in order to determine if they comply with federal 23 requirements and are not more stringent than applicable federal regulations. If the review 24 indicates that there are state regulations that are more stringent than applicable federal 25 regulations, the department shall determine whether it could justify those regulations under the 26 requirements of AS 46.03.087(b)(3), enacted by sec. 1 of this Act. If the department 27 determines that it cannot meet the requirements of AS 46.03.087(b)(3), the department shall 28 propose the necessary revisions to the regulations. 29 (b) The Department of Environmental Conservation shall, by January 31, 1998, offer 30 in writing to orally brief the resources committees of the house and senate concerning the 31 department's review and proposed revisions required under (a) of this section.