04/08/1998 09:05 AM Senate FIN

                                                                               
 HOUSE BILL NO. 51                                                             
                                                                               
"An Act relating to the Department of Environmental                            
Conservation."                                                                 
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 51(RLS)                                                  
                                                                               
"An Act relating to the Department of Environmental                            
Conservation; amending Rules 79 and 82, Alaska Rules of                        
Civil Procedure; and providing for an effective date."                         
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 51(RLS) am                                               
                                                                               
"An Act relating to the Department of Environmental                            
Conservation; amending Rules 79 and 82, Alaska Rules of                        
Civil Procedure; and providing for an effective date."                         
                                                                               
                                                                               
Representative Norm Rokeberg was invited to join the                           
committee.  As sponsor of the bill he explained HB 51 for                      
the committee.  He said they would be working from SCS CSHB
() "Y version.  He introduced his staff, Shirley Armstrong                   
who noted the statutory provisions related to pollution                        
standards.  That would amend Rule 79.                                          
                                                                               
Senator Torgerson asked about page 4, section 4.                               
Representative Rokeberg explained this was an environmental                    
overlap.  Senator Torgerson asked if Federal regulations                       
were enforced by the State and Representative Rokeberg                         
responded that perhaps sections 3, 4 or 5.  Senator                            
Torgerson further inquired if there was flexibility in                         
issuing permits.  Representative Rokeberg said the bill                        
included a slimmed down version.                                               
                                                                               
MIKE CONWAY, Director, Division of Air and Water Quality,                      
Department of Environmental Conservation was invited to join                   
the committee.  He commented on sections 1 through 6.  He                      
noted the department had the ability to work with applicants                   
and those affected by EPA.  In the final analysis, before                      
reclassification was done of waters or the standards are                       
changed they are not effective until the EPA does an                           
approval.  Natural water quality is the basis for water                        
quality standards.  He felt regulatory language since                          
drafted would deal with this issue.  The petition process is                   
redundant of the existing process.  The department feels it                    
is inconsistent with the Federal law governing water quality                   
standards.                                                                     
                                                                               
Senator Adams asked about the redundancy issue and Mr.                         
Conway said they had the ability to take information from                      
those who have concerns about the standards and deal                           
directly with them.  They have special work groups set up.                     
Senator Adams further asked about section 5 and said this                      
referred to natural conditions.  Would this lower the                          
standards the way it was now written?  Mr. Conway said it                      
had the possibility of doing that.  They normally deal with                    
the natural water quality through a permit.  It would be a                     
phenomenal burden to deal with this statewide if it were not                   
based on a permit.                                                             
                                                                               
JANICE ADAIR, Director, Division of Environmental Health,                      
Department of Environmental Conservation was invited to join                   
the committee.  She continued on section 7 and said this                       
would implement a new requirement in the Safe Drinking Water                   
Act passed by Congress in 1996.  She said it was required                      
that states have administrative penalty authority for                          
violations of that program.  She noted the Federal law sets                    
a level of $1000/day for violations of systems serving ten                     
thousand people or more.  She said the EPA penalties would                     
not take effect until they said they must have it.                             
                                                                               
Co-chair Sharp asked about entity as referred to in the                        
draft version.  Would the department prefer this be changed                    
to "owner/operator"?  Ms. Adair concurred adding                               
"owner/operator of a public water system" as that was who                      
they were talking about.  She further added that the                           
Anchorage Water and Waste Utility would also like to have                      
assurance in the legislation that the department would have                    
an informal review process.  The department did not object                     
to this request.  She said they would be happy to work with                    
staff on that particular language.                                             
                                                                               
Co-chair Sharp said there being no further questions by the                    
committee that he would HOLD HB 51 in committee.                               
                                                                               
He then called SJR 35.