02/22/1995 03:50 PM Senate RES

 SRES 2/22/95                                                                  
            SB  69 REPORTING OF HAZARDOUS SUBSTANCE                           
                                                                              
 Number 001                                                                    
                                                                               
  CHAIRMAN LEMAN  called the Senate Resources Committee meeting to             
 order at 3:50 p.m. and announced SB 69 to be up for consideration.            
                                                                               
 ANNETTE KREITZER, Resources Committee Aide, explained that SB 69 is           
 not a new idea.  The State Emergency Response Commission first                
 considered this back in 1987-88.  Currently there are two                     
 placarding programs; one is under Title 18 done by the State Fire             
 Marshal's office which has placarded 14 sites outside the                     
 Municipality of Anchorage and under Title 29 which allows                     
 municipalities to have their own placarding program.                          
 SB 69 would allow the continuance of the Title 29 placarding                  
 program, but it would delete the State Fire Marshal's placarding              
 program.  It would also create a single application form of 4 pages           
 taken from the current EPA Tier II form.                                      
                                                                               
 PEGGY GOODSTEIN, ARCO Alaska, testified in support of SB 69 which,            
 she said, is a real improvement in chemical reporting.  It will               
 simplify regulations and reduce costs while still providing                   
 protection for emergency response personnel and the community.                
                                                                               
 CHESTER WEGER, Acting Director, Division of Fire Prevention, said             
 he would answer their questions.                                              
                                                                               
 SENATOR HALFORD commented on the fact that the existing law allows            
 a municipality to require reporting in lesser quantities than the             
 State law and asked him if any municipalities had done that.  MR.             
 WEGER answered that the only municipality that has their own                  
 program is Anchorage.  Their reporting quantities are the same as             
 the state law.  Removing that authority wouldn't have an effect on            
 any existing requirement.  He said the current program that has               
 been in effect since 1987 is not working.                                     
                                                                               
 SENATOR LEMAN asked why there were only 14 sites placarded.  MR.              
 WEGER answered that the primary reason is that they don't have the            
 enforcement personnel to enforce the program.                                 
                                                                               
 RITA VENTA, Anchorage Fire Department, said she is the                        
 Administrator of the Community Right-to-Know Program for the                  
 Municipality of Anchorage.  She said 730 businesses participate in            
 their program and she said their placarding program is 95%                    
 effective.  She said she didn't have a problem with the                       
 standardized Tier II form.  It is important to their patrons in               
 Anchorage and to fire prevention to be able to maintain their                 
 reporting requirements.  She noted that their requirements are the            
 same as state requirements, but those are more stringent than                 
 federal requirements.                                                         
                                                                               
 The teleconference connection broke at this point and Ms. Venta was           
 disconnected.                                                                 
                                                                               
 Number 160                                                                    
                                                                               
 MS. KREITZER clarified that SB 69 would require a change in the               
 Anchorage program.  The change is on page 2, lines 27 and 28 where            
 it deletes "a consumer commodity of a hazardous material in the               
 quantity of more than 1,000 lbs" and the reason is it covers                  
 facilities like K-Mart or Wal-Mart where there are large quantities           
 of fertilizers and paint remover, etc.  Fire departments readily              
 acknowledge that it is easy to recognize that these stores those              
 kinds of things.                                                              
                                                                               
 Number 211                                                                    
 SENATOR FRANK asked what a placard does.  MS. KREITZER said it's              
 purpose is warn first responders and fire fighters that there is a            
 hazard in the building.  There have been additional federal                   
 requirements for reporting and facilities must now report directly            
 to fire departments and to local emergency planning committees.  It           
 brings about the question of whether there is a need for this                 
 redundant program of marking with a placard when fire departments             
 go in and do pre-fire planning surveys.                                       
                                                                               
 Basically, she said, this bill is attempting to bring about one               
 form for four reporting requirements - Emergency Planning,                    
 Community Right-to-Know, the Fire Marshal, and handling the                   
 municipality placarding in Title 29.  She said the placard goes on            
 the outside of a building.                                                    
                                                                               
 Number 256                                                                    
                                                                               
 MS. VENTA commented that the placarding program works very well for           
 them and it is used for above ground fuel storage, but is not                 
 needed for underground tanks.  She felt it was important to keep              
 hazardous waste and acute hazardous waste listed in the bill.  Even           
 though they are regulated in other areas, it is important to know             
 those items are on-site, especially if they are in large                      
 quantities.                                                                   
                                                                               
 She had no problem with dropping the consumer commodity reporting             
 requirement of 1,000 lbs.  The state and municipality requirements            
 are significantly lower than EPA's.  For most things it is 500 lbs.           
 and for EPA it's 10,000 lbs.                                                  
                                                                               
 SENATOR FRANK commented that was a big difference.  MS. VENTA                 
 explained that there were no federal requirements when Anchorage              
 and the State set their requirement figures.                                  
                                                                               
 MS. KREITZER said in writing this legislation the working group               
 attempted first of all to agree on what was to be reported and to             
 try to get the same things reported under all the different laws.             
 Secondly, they addressed the question of quantities.                          
                                                                               
 SENATOR LINCOLN noted that while the Alaska Local Emergency                   
 Planning Committee Association supports the legislation, they                 
 listed five areas as suggestions for compromise.  She asked if any            
 of those were in the bill or was there any thought to incorporate             
 those items in the bill.  She didn't know for sure if exempting               
 facilities out of a public fire response jurisdiction would help              
 the smaller communities or tie their hands further.  She said these           
 concerns could be addressed at a later meeting.                               
                                                                               
 MS. KREITZER explained regarding exempting facilities, unless a               
 city elected to begin a placarding program, they are exempt.  The             
 repeal of AS 18.73.10 does this and on page 2, line 6.                        
                                                                               
 MS. VENTA came back on line and responding to a question listed               
 some of the hazardous substances currently reported like gasoline,            
 diesel, paint thinners, solvents, etc..  She mentioned that in                
 Anchorage there are a number of radio active sites.