Legislature(2003 - 2004)
03/10/2004 01:39 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 355-WASTE MANAGEMENT/DISPOSAL
CHAIR BERT STEDMAN announced SB 355 to be up for consideration
and asked Commissioner Ballard to come forward.
COMMISSIONER ERNESTA BALLARD, Department of Environmental
Conservation (DEC), explained that the bill doesn't change the
department's authority; it simply provides new regulatory tools
and improves some definitions.
In Administrative Order 202 issued in December 2002, the
governor asked the department to review their statutory
authorities and current regulatory programs to determine whether
improvements could save money and time while achieving the same
regulatory effect. SB 355 is the result and is an effort to
better protect land and water from waste disposal. The changes
have no fiscal impact on DEC.
The bill is risk based and allows DEC to use different tools for
different risks "so we are saving the most professional and
site-specific staff time for the most impacting activities." For
less risky activities, she assured the committee that DEC
continues to provide protection.
She said, "I'm proud to point out that the governor has as
aggressive a program for environmental protection as he does for
resource development and, in fact, he expects excellence in
both." DEC's role is clearly defined and they provide most of
the environmental protection for the state and they also fulfill
the state's obligation under the federal clean air and water
acts.
The first change the bill makes is to replace the word "permit"
with "prior authorization." Currently DEC has statutory
authorization to issue permits to control pollution and this
broadens the concept and will allow the use of tools more suited
to the different risks that DEC confronts.
COMMISSIONER BALLARD noted that the different tool options are
identified on the blue handout. The tools include: individual
permits, general permits, permits by rule, plan approvals, and
integrated permits.
Individual permits are issued for large higher risk projects and
are site specific. They include activities such as large seafood
processors, municipal wastewater discharges, refinery
discharges, ballast water treatment discharges, large landfills,
oil and gas drilling waste disposal and asbestos monofills.
General permits are used for lower risk activities and for a
number of similar activities in a geographic area. Examples of
such activities include: placer mines, log transfer facilities,
storm water discharge, remote camp sewage and solid waste
disposal, oil and gas exploration and development and small
seafood processors.
Permits by rule are used to authorize low risk activity that has
the potential for real impact. They require DEC to establish
rules to tell the public the kinds of best management practices
they believe are appropriate. This tool also provides
enforcement authority without requiring an individual
relationship with the entity engaged in the activity. Examples
of the activities include: rural landfills, residential domestic
wastewater systems that discharge to marine waters, coal bed
methane exploration, non-jurisdictional wetland fill,
construction dewatering, oil and water separators, small animal
confinement operations, construction debris landfills, and wood
waste monofills.
Plan approvals are a prior authorization mechanism for a low
risk activity. Examples of this type activity include zero-
discharge sewage treatment lagoons, zero-discharge temporary
storage of oil and gas drilling waste, and zero-discharge
temporary storage for some coal bed methane projects.
Integrated waste management permits are for complex facilities
and operations that need more than one DEC waste disposal
authorization. Mining companies are enthusiastic about these
permits. Those likely to use integrated waste management permits
include: complex mining operations and major oil and gas
development and production projects.
The bill expands DEC's authority to require proof that there
will be the financial resources available to clean up a waste
pile at the end of the life of a project. Finally, the bill
calls for definition changes that are important to DEC. Of
particular importance is the clarification of the difference
between municipal solid waste and other solid waste. "We have
hundreds, literally, of small land fills in rural Alaska that we
would like to differentiate from other waste generators so that
we could use the new permit by rule powers that we would get
through this bill to give them clear guidance about what is
required in siting and management of their waste facility."
2:25 pm
CHAIR STEDMAN asked for the record to show that Senator Lincoln
joined the meeting. He then asked Commissioner Ballard to expand
on the fees and associated costs.
COMMISSIONER BALLARD replied there is no fiscal note. The fees
that are currently in place will still pertain and although she
isn't projecting any savings, she is hoping the bill will make
the department more efficient.
SENATOR GARY STEVENS thanked her for stopping by his office then
noted that there is a lot more direct marketing by fishermen who
sell fresh or headed and gutted product. He questioned whether
such activity would fall under a general permit.
COMMISSIONER BALLARD said that would require a food-processing
permit. Furthermore, she said, "As you know, we have been
working hard with that industry to try and offer the same risk-
based spectrum of permitting opportunities for people processing
seafood so that the individual single boat processor can get a
permit and have the protection he needs to sell his fish."
SENATOR KIM ELTON referred to the blue sheet and asked what is
involved in moving from a general permit to an individual permit
or from a permit by rule to a general permit. For example you
might start with one application for a residential domestic
waste water system that discharges into marine waters, but
within five years there might be 30 residences, which could have
a large impact on the adjacent marine waters.
SIDE B
2:30 pm
Another example would be one small fish processor operating in a
certain area that is eventually joined by a number of small
processors all of which may have a larger impact than a single
large processor. "Is there movement between the categories and
how do you handle that," he asked.
COMMISSIONER BALLARD replied there is movement. She explained
that a permit is specific to what comes out the end of the pipe
so the permitting regime focuses on the source, the effluent,
and the receiving water. And because there are no automatic
renewals, DEC reconsiders the circumstances associated with the
activity every five years. If the capacity of the receiving
water is strained by the discharge then there would be an
allocation on a maximum load basis, but you try not to get to
that point. As designed, the individual permit tool is used to
keep from stressing the receiving water beyond the accommodation
point.
SENATOR ELTON noted that Section 5 changes the public
notification requirements. The previous requirement calls for
two notices to be published in a newspaper of general
circulation and the proposed change is to publish one notice in
a local newspaper with general circulation. Referring to the
coal bed methane leases that were let in Homer, he pointed out
that the public notice was made in the Kenai newspaper. Although
the notice fit the definition and letter of the law, the local
residents felt aggrieved because the notice wasn't placed in the
local Homer paper. He remarked that the language didn't seem as
though it would avoid a similar sort of problem. "We have to
trust the judgment of somebody who may or may not understand the
local dynamics when they're placing the local advertisement," he
said.
COMMISSIONER BALLARD said there are several answers to that
question. First DEC would like to see more members of the public
who are interested in government activities use the Internet.
DEC already has the capability to electronically notify large
groups of people and they are trying to increase that means of
communication and notification.
As part of AO 202 DEC is trying to assure that they do not
impose additional administrative procedures requirements on
themselves. However, "When we are involved in a difficult
communication, we generally tend to over communicate not under
communicate." Generally they use the Anchorage paper because it
is the one in general circulation and people are often
interested in DEC issues regardless of where they live in the
state.
Continuing she said, "Let us get back to you on exactly why that
language appears there. I believe it is in response to a general
request of the governor's that we have a consistent approach
across government that at least sets what the floor for
communication will be." But she could assure him that DEC looks
at the subject of a communication before they decide on a
communication plan.
Stressing the importance of using the Internet, she said the DEC
web page had been reworded and the broken links fixed. "People
can go to our web page, they can click on regulation, they can
get pending regulation, it is simple, you can do it anywhere.
You can do it from a cabin with a satellite, you can do it with
a modem, you can do it anywhere in the state and I feel more
comfortable knowing that you don't have to be able to go to a
public meeting or to read a newspaper in order to know what is
going on at DEC. We're able to reach a much broader audience
electronically than we could ever have dreamed of reaching with
a single or two box ads in a newspaper."
SENATOR ELTON said he appreciates the answer and although he's a
policy kind of person, he's unlikely to bookmark a regulatory
page and generally, he didn't believe that homeowners would
either. He was pleased to hear her say that these were minimum
standards but minimum standards were met in Homer and that's
become a complex and potentially expensive problem for the
state. He said he looks forward to further dialog on ways to use
common sense to get beyond the minimum.
COMMISSIONER BALLARD responded by telling him that summary fact
sheets are on the DEC web page if you don't want to read the
regulations. "In this state the challenge of reaching every
community is horrendous and I'm very ambitious about electronic
communication," she stated conclusively.
SENATOR GEORGIANNA LINCOLN asked how landfills would be
monitored out in Bush Alaska.
COMMISSIONER BALLARD replied that isn't the exact subject of the
bill, but they have worked hard to provide rural communities
with tools they can afford and will use to site and manage their
landfills in the safest way. For that program their goal is to
issue permits by rule, which would be a set of best practices
guidelines and a risk calculator. The latter is a worksheet for
siting and management. DEC's activity will be to promulgate the
rules and do field inspections. The current regime requires a
permit application, which is an individual specific permit under
DEC's solid waste program.
There were no further questions asked of Commissioner Ballard.
MARILYN CROCKETT, deputy director of the Alaska Oil and Gas
Association testified via teleconference in support of SB 355.
"This legislation is an excellent example of DEC continuing to
pursue opportunities to streamline its processes while at the
same time ensuring that its assigned responsibility of
protecting Alaska's environment is carried out."
This bill also gives DEC the authority to administratively
extend permits that are due to expire. This is important because
it gives the department additional time it may need to go
through the renewal process. It gives the department the
flexibility to prioritize its limited permitting resources.
STEVE BORELL, executive director of the Alaska Miners
Association testified via teleconference in support of SB 355.
They are particularly pleased with the new authority for DEC to
administratively extend permits to deal with the occasional
times that it isn't possible for DEC to process a permit renewal
prior to the expiration of a permit.
RICH HEIG, president of the Counsel of Alaska Procedures and
general manager of Greens Creek Mining Company spoke via
teleconference in support of SB 355. They appreciate DEC's
approach to streamline the permitting process. They concur with
the benefits set forth by the commissioner and others who
testified.
There were no further questions or comments.
SENATOR GARY STEVENS made a motion to move SB 355 from committee
with the zero fiscal note and individual recommendations. There
being no objection, it was so ordered.
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