CSHB 342(RES) AM: "An Act relating to water quality."
00CS FOR HOUSE BILL NO. 342(RES) am 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 other 06 than sediment to determine whether a permittee is in compliance with permit 07 limitations based on water quality shall be by methods approved in writing by the 08 United States Environmental Protection Agency or by substantially equivalent methods 09 approved by the department. 10 (b) The measurement of sediment to determine whether a permittee is in 11 compliance with permit limitations based on water quality shall be by the volumetric 12 Imhoff Cone method. 13 (c) Except when setting standards under AS 03.05.011(a) for shellfish growing 14 areas, as defined in the national shellfish sanitation program manual of operations
01 published by the Food and Drug Administration, and except as provided in 02 AS 46.03.087, the department may not adopt a water quality standard or other 03 regulation relating to water quality that is more restrictive than applicable federal water 04 quality criteria or regulations. Within 180 days after receiving a request to amend the 05 state's water quality standards to incorporate a change in, or elimination of, federal 06 water quality criteria, or by another date mutually agreed on by the applicant and the 07 department, the department shall either propose regulations that amend the state's 08 water quality standards to incorporate the change or elimination or follow the process 09 required under AS 46.03.087(b). If, following the process under AS 46.03.087(b), the 10 department is unable to make the written findings required under AS 46.03.087(b)(3), 11 the department shall propose regulations that amend the state's water quality standards 12 to incorporate the change or elimination of the federal water quality criteria or 13 regulations. 14 (d) In adopting and applying water quality standards, the department 15 (1) shall ensure that the standards are sufficient to protect human health 16 and maintain the state's aquatic productivity; 17 (2) shall consider the natural condition of bodies of water; 18 (3) shall use scientific justifications and water quality criteria that can 19 be reliably measured; and 20 (4) may not, when site-specific information is known or reasonably 21 available, require discharged water to be of a higher quality, in a more restrictive use 22 classification, or otherwise cleaner than the natural condition of the water into which 23 the discharge is made. 24 Sec. 46.03.087. SPECIAL PROCEDURES FOR CERTAIN WATER 25 QUALITY REGULATIONS. (a) The department may, after following the procedures 26 in this section, adopt a 27 (1) water quality standard or discharge standard that is more restrictive 28 than applicable federal water quality criteria or discharge standards; 29 (2) water quality standard or discharge standard for which there is no 30 corresponding federal water quality criteria or discharge standard; or 31 (3) regulation that allows the use of a method that is not substantially
01 equivalent to methods approved by the United States Environmental Protection Agency 02 for the measurement of constituents to determine whether a permittee is in compliance 03 with permit limitations relating to water quality. 04 (b) In order to adopt a standard or regulation governed by (a) of this section, 05 the department shall 06 (1) make available to the public, at convenient locations, copies of the 07 proposed standard or regulation and the findings of the department that describe the 08 basis for adoption; 09 (2) consider in writing the economic feasibility of the proposed 10 standard or regulation; and 11 (3) find in writing, as applicable, that 12 (A) hydrologic conditions, discharge characteristics or sea life 13 consumption rates in the state or in an area of the state reasonably require the 14 water quality standard, discharge standard, or method of measurement to 15 protect human health and welfare or to maintain the state's aquatic 16 productivity; 17 (B) the proposed standard, regulation, or method of 18 measurement is technologically feasible; and 19 (C) hydrologic conditions, discharge characteristics or sea life 20 consumption rates are significantly different in the state or in an area of the 21 state from those upon which the corresponding federal criteria or regulations 22 are based. 23 * Sec. 2. TRANSITIONAL REVIEW OF REGULATIONS. (a) The Department of 24 Environmental Conservation shall, by August 1, 1997, review its water quality regulations that 25 are in effect on the effective date of this Act in order to determine if they comply with federal 26 requirements and are not more stringent than applicable federal regulations. If the review 27 indicates that there are state regulations that are more stringent than applicable federal 28 regulations, the department shall determine whether it could justify those regulations under the 29 requirements of AS 46.03.087(b)(3), enacted by sec. 1 of this Act. If the department 30 determines that it cannot meet the requirements of AS 46.03.087(b)(3), the department shall 31 propose the necessary revisions to the regulations.
01 (b) The Department of Environmental Conservation shall, by January 31, 1998, offer 02 in writing to orally brief the resources committees of the house and senate concerning the 03 department's review and proposed revisions required under (a) of this section.