Legislature(2001 - 2002)

04/03/2002 01:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 47-LOW SULFUR DIESEL FUEL REQUIREMENTS                                                                                    
                                                                                                                                
CO-CHAIR  MASEK  announced the  final  order  of business,  HOUSE                                                               
JOINT RESOLUTION  NO. 47, Urging the  United States Environmental                                                               
Protection  Agency and  the  Alaska  Department of  Environmental                                                               
Conservation   to  provide   maximum   possible  flexibility   in                                                               
application of low sulfur diesel fuel requirements to Alaska.                                                                   
                                                                                                                                
[Additional information on  this topic can be found  in the House                                                               
Community  and Regional  Affairs Standing  Committee minutes  for                                                               
March 5, 2002, at 9:08 a.m.]                                                                                                    
                                                                                                                                
Number 2639                                                                                                                     
                                                                                                                                
REPRESENTATIVE CARL  MORGAN, Alaska State  Legislature, presented                                                               
HJR  47  on  behalf  the House  Community  and  Regional  Affairs                                                               
Standing Committee,  sponsor, which  he co-chairs.   He explained                                                               
that to  his belief,  the new  requirements of  the Environmental                                                               
Protection Agency  (EPA) pertaining to low-sulfur  diesel are the                                                               
"tip of the  iceberg."  He likened this situation  to the Steller                                                               
sea  lion   matter  in   the  Aleutians:     "We  took   it  very                                                               
nonchalantly, but it came and [bit] us later," he said.                                                                         
                                                                                                                                
REPRESENTATIVE   MORGAN   expressed    his   understanding   that                                                               
requirements would be in place  to produce only low-sulfur diesel                                                               
by 2006.  By  2007, all trucks, cars, and buses  in the U.S. will                                                               
be required to  burn low-sulfur diesel; trucks from  the Lower 48                                                               
will be entering Alaska and requiring  this fuel.  The North Pole                                                               
refinery refines about 100 million  gallons of diesel; 30 million                                                               
gallons of  that total  is jet  fuel and  [number] 1  diesel, and                                                               
5,000  a  day  is  refined  for transportation  fuel.    He  said                                                               
retrofitting the  refinery to  produce low-sulfur  [diesel] would                                                               
cost in excess  of $100 million.  Therefore, Alaska  will have to                                                               
import low-sulfur diesel from either the Lower 48 or Canada.                                                                    
                                                                                                                                
REPRESENTATIVE MORGAN  noted that these  forthcoming requirements                                                               
will  affect the  Bush, but  indicated uncertainty  regarding how                                                               
they will affect marine [uses of  diesel].  He also indicated his                                                               
belief that people  in agencies such as the  EPA don't understand                                                               
the conditions  in Alaska, although they  create regulations that                                                               
affect  Alaska.    He  asserted  that  Alaska  doesn't  have  the                                                               
pollution problems present in the [Lower  48],  but will be under                                                               
the  same requirements  as New  York City  and Los  Angeles.   He                                                               
estimated that this imported fuel would  cost 20 to 45 cents more                                                               
a gallon.   He said  he pays $2.85 a  gallon for heating  fuel in                                                               
Aniak, which  has a tank  farm.   He offered his  impression that                                                               
when  an increase  [occurs]  with a  minimum of  20  cents and  a                                                               
maximum of 45 cents, it usually  translates to at least a 45-cent                                                               
increase for [rural areas].                                                                                                     
                                                                                                                                
Number 2805                                                                                                                     
                                                                                                                                
REPRESENTATIVE MORGAN pointed  out that much of the  power in the                                                               
Bush  is generated  from diesel;  heating-fuel consumption  is in                                                               
addition to the  diesel used for generating power.   It will cost                                                               
more  to purchase,  and will  require more  low-sulfur diesel  to                                                               
produce  the same  British thermal  units (BTUs)  as the  current                                                               
type of diesel.   He offered his opinion that  the new low-sulfur                                                               
requirements will  not affect  airplanes in  spite of  their high                                                               
emissions.   He  said  this  is an  issue  that  should be  taken                                                               
seriously and that has the  potential for dire effects statewide.                                                               
He  also  said  freight  costs  will  increase  as  a  result  of                                                               
increased fuel  prices.  He  offered that Alaska  is inextricably                                                               
linked  with the  Lower 48  by the  Alaska Marine  Highway System                                                               
(AMHS)  and  the  traditional  highway system.    He  noted  that                                                               
Department  of  Environmental  Conservation (DEC)  personnel  had                                                               
more   information,  and   he  commended   DEC  for   effectively                                                               
communicating with rural Alaska about this matter.                                                                              
                                                                                                                                
Number 2894                                                                                                                     
                                                                                                                                
STEVE  CLEARY, Alaska  Public Interest  Research Group  (AkPIRG),                                                               
testified via  teleconference in  opposition to HJR  47, offering                                                               
the  belief that  it would  be  detrimental to  public health  in                                                               
Alaska.   On behalf of AkPIRG,  he commended DEC for  its efforts                                                               
in traveling to  rural areas and DEC's recent  decision to switch                                                               
to ultra-low sulfur diesel in urban  areas.  He said the decision                                                               
for rural Alaska has been delayed  one year.  He offered AkPIRG's                                                               
position  that  when  consumers weigh  the  public  health  costs                                                               
against  the  increased  costs   of  electricity  production  and                                                               
heating, the  choice will be  clear:  public health  is valuable,                                                               
and protecting  citizens should be  "the price of  doing business                                                               
in Alaska."                                                                                                                     
                                                                                                                                
MR. CLEARY turned  attention to the "whereas" clauses  in HJR 47.                                                               
He  referred  to  [page  1,  lines  12-14],  which  says  Alaskan                                                               
villages cannot import  multiple grades of diesel fuel.   He said                                                               
he believes this  to be true, but offered that  arctic Canada has                                                               
switched to solely low-sulfur fuel.   He said [AkPIRG] views this                                                               
as the  best option for  rural Alaska; this would  ameliorate the                                                               
problems  of separate  "tankage" and  transportation.   He turned                                                               
attention  to [page  2,  lines 4-6],  which  says emissions  from                                                               
large trucks and buses are  not a health or environmental problem                                                               
in rural Alaska.                                                                                                                
                                                                                                                                
TAPE 02-22, SIDE B                                                                                                              
Number 2960                                                                                                                     
                                                                                                                                
MR. CLEARY  pointed out that there  is no safe level  of exposure                                                               
to diesel emissions.  Diesel  particulates enter the lung and are                                                               
very  dangerous.    He  referenced   an  abstract  faxed  to  the                                                               
committee from  a [proposed]  study of  diesel exposure  in rural                                                               
Alaska;  study  consortium  members include  personnel  from  the                                                               
University  of Alaska  Anchorage, the  Institute for  Circumpolar                                                               
Health, DEC,  and the Alaska  Native Health Board.   Arctic areas                                                               
are  subject  to  severe climatic  inversions  that  prevent  air                                                               
mixing  and  create severe  air  pollution  conditions, he  said.                                                               
Children   in  rural   Alaska   have  been   found   to  have   a                                                               
disproportionate incidence of respiratory  illness; this could be                                                               
created or exacerbated by diesel pollution.                                                                                     
                                                                                                                                
MR. CLEARY  reported that the  EPA estimates switching  to ultra-                                                               
low-sulfur  diesel will  save $70  billion a  year; DEC  has said                                                               
this will  be a savings  of $160 million  a year [in  the state].                                                               
When compared  to the $100 million  for refiners in the  state to                                                               
switch  to  ultra-low-sulfur  diesel, Alaskans  would  save  more                                                               
money  by  valuing  public  health,   he  suggested.    He  again                                                               
indicated  his support  for DEC's  efforts to  travel around  the                                                               
state.   Expressing hope  that information  would be  provided to                                                               
consumers to enable them to make  a wise choice, he concluded, "I                                                               
think HJR  47 is flying  in the face of  that by calling  for ...                                                               
more  delays   in  implementing  this  important   public  health                                                               
standard."                                                                                                                      
                                                                                                                                
Number 2880                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GREEN   asked   whether   the   disproportionate                                                               
incidence  of  respiratory  illness  has been  determined  to  be                                                               
attributable to diesel  emissions.  He asked whether  it could be                                                               
related to confinement in homes with heavy smoking.                                                                             
                                                                                                                                
MR.  CLEARY  acknowledged   this  as  a  possible   cause.    The                                                               
aforementioned  study,  if  funded,  will seek  to  identify  the                                                               
specific causes,  he noted, pointing  out that urinalysis  can be                                                               
used to identify factors and  determine the causes.  He suggested                                                               
that confinement  can also result in  diesel exhaust [inhalation]                                                               
that  might  be  due  to   a  temperature  inversion  that  keeps                                                               
pollution low to the ground.                                                                                                    
                                                                                                                                
Number 2800                                                                                                                     
                                                                                                                                
RANDY  ROMANESKO,  City  Manager,  City of  Nome,  testified  via                                                               
teleconference.  He  told members that the City  of Nome supports                                                               
legislation  that  has a  clear  human  health and  environmental                                                               
benefit, but believes  the new fuel regulations  will impact Nome                                                               
and  other remote  communities [while  providing] neither  health                                                               
nor  environmental  benefits.    The  fuel  needed  to  meet  the                                                               
standards is an insignificant part  of the total fuel required in                                                               
community like Nome.                                                                                                            
                                                                                                                                
MR. ROMANESKO  expressed concern  about the potential  impacts to                                                               
residents of  Nome and the  Bering Straits region;  the financial                                                               
impact  will be  so great  that  it will  adversely affect  every                                                               
aspect  of  community  life,  he  suggested.    Diesel  fuel  for                                                               
vehicles currently  sells for  $2.17 a  gallon; home  heating oil                                                               
costs $1.96 a  gallon.  He said local meetings  with DEC provided                                                               
information indicating that fuel  costs might increase between 15                                                               
and 30  cents a  gallon; this  is roughly  7 to  15 percent.   He                                                               
added  his  opinion  that  this  is a  low  estimate  because  it                                                               
minimizes the  shoreside infrastructure  costs such  as "tankage"                                                               
pipelines required for separate handling.                                                                                       
                                                                                                                                
MR.  ROMANESKO   explained  that   the  need  to   have  separate                                                               
infrastructure  for the  clean [low-sulfur  diesel] would  impact                                                               
the City of  Nome, which operates the port  and the fuel-delivery                                                               
system  associated  with  it;   this  infrastructure  could  cost                                                               
hundreds of  thousands of dollars.   Fuel storage costs  are very                                                               
high,  he said,  and the  impact  to private,  bulk fuel  storage                                                               
operators to supply this product  is likely to be as significant;                                                               
these  costs are  passed on  to consumers.   Nome  residents have                                                               
expressed concerns  about commercial  availability of  this clean                                                               
fuel in remote  locations, he told members; the  demand [will be]                                                               
limited to  the few  trucks in  Nome that require  the fuel.   He                                                               
asked who will  supply the marketplace.  If  low-sulfur fuel were                                                               
the  only  fuel  available  to   the  community,  the  impact  to                                                               
electrical costs  would be significant  because of  the increased                                                               
cost of the product and the  decreased BTUs that the cleaner fuel                                                               
provides.                                                                                                                       
                                                                                                                                
MR. ROMANESKO commended DEC for  its good-faith effort to solicit                                                               
input  from communities  early in  the regulatory  implementation                                                               
process;  he noted  the importance  of this  dialogue.   He urged                                                               
members to  adopt HJR  47 with provisions  that require  [DEC] to                                                               
request the  EPA to reevaluate  and address the  ramifications to                                                               
remote  Alaskan consumers,  and that  the regulations  be adopted                                                               
with maximum flexibility for implementation.                                                                                    
                                                                                                                                
Number 2635                                                                                                                     
                                                                                                                                
RON  KING, Program  Manager, Air  Non-Point  and Mobile  Sources,                                                               
Division of  Air and Water  Quality, Department  of Environmental                                                               
Conservation (DEC),  testified that on  April 1, 2002,  DEC filed                                                               
with  the  EPA  a  transition  plan for  Alaska  to  address  the                                                               
aforesaid  issues.   The transition  focuses  on requiring  urban                                                               
Alaska -  the contiguous road  system and  the major hubs  on the                                                               
AMHS - to  follow the national plan for  implementation of ultra-                                                               
low-sulfur diesel  fuel in  the fall  of 2006.   He said  this is                                                               
essential for  health issues; recent studies  link diesel-related                                                               
sulfur  particulates  to  adverse  health effects.    The  second                                                               
essential reason is that the  vehicles produced will require this                                                               
fuel; this includes vehicles purchased and operated in Alaska.                                                                  
                                                                                                                                
Number 2550                                                                                                                     
                                                                                                                                
MR. KING reported that DEC  has requested additional time to work                                                               
with tribes  and rural  residents to assess  the issues  in rural                                                               
areas.  In June 2003, DEC  must submit a final recommendation for                                                               
rural Alaska to the EPA.   He acknowledged that this assumes that                                                               
the EPA will agree with and  accept the submitted plan.  He added                                                               
that  DEC  has  attempted  to maintain  flexibility  for  Alaskan                                                               
refineries; the  decision is  now in  the EPA's  hands.   The EPA                                                               
will prepare and  make public that decision within  12 months; it                                                               
must  be  adopted  as  a   regulation  and  implemented  to  give                                                               
certainty  to   Alaskan  refineries   and  others  who   wish  to                                                               
participate in Alaska's fuel market.                                                                                            
                                                                                                                                
Number 2506                                                                                                                     
                                                                                                                                
MR.  KING  offered  that  the  economic  impacts  to  Alaska  are                                                               
difficult to assess.  The EPA  has predicted a 5-cent increase in                                                               
the Lower 48;  this is irrespective of transportation  costs.  He                                                               
noted that the increases referenced  earlier were [calculated] as                                                               
a result  of information  given to  DEC over the  last year.   He                                                               
referred  to  the  presentation  DEC  gave  to  rural  and  urban                                                               
residents  that focused  on the  history of  [diesel regulations]                                                               
and  the  options  for  Alaska.   He  noted  that  the  EPA  does                                                               
recognize  Alaska's differences;  as  a  result, flexibility  was                                                               
afforded to DEC to request the alternative transition plan.                                                                     
                                                                                                                                
Number 2457                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  asked about distribution and  the source of                                                               
diesel fuel in the state.                                                                                                       
                                                                                                                                
MR. KING  replied that it is  a mix of in-state  and out-of-state                                                               
supply.   Some fuel is  imported from the Lower  48, particularly                                                               
from  the   West  Coast;  some   is  distributed   from  in-state                                                               
refineries.   The main issue is  that diesel fuel refined  in the                                                               
Lower 48 will not necessarily  meet Alaskan arctic specifications                                                               
for winter use.   The pour point, the [temperature]  at which the                                                               
fuel gels, is minus 60  degrees Fahrenheit for Interior and rural                                                               
Alaska; by contrast, the Seattle  pour point is minus 27 degrees,                                                               
and Minnesota's  pour point is  minus 33  degrees.  He  said this                                                               
causes  great concern,  particularly  when  referring to  Alaskan                                                               
locations not on the coast.                                                                                                     
                                                                                                                                
MR.  KING told  members  that once  the  question of  appropriate                                                               
arctic-grade  fuel has  been answered,  the question  of how  the                                                               
fuel reaches the  communities must be addressed.   He pointed out                                                               
that fuel is either transported by  road or barged and then moved                                                               
by pipeline or truck.   He said this is similar  to the Lower 48,                                                               
but more fuel in Alaska is  moved by truck.  Southeast Alaska and                                                               
some  rural  communities  receive  bulk  fuel  by  barge;  it  is                                                               
offloaded to  smaller barges  to work its  way up  river systems.                                                               
Communities not on  a river receive fuel shipments by  air.  Once                                                               
the fuel  arrives in a rural  community, it is put  into a single                                                               
tank farm from which it is subsequently distributed.                                                                            
                                                                                                                                
MR.  KING noted  that  fuel in  Nome, for  example,  is used  for                                                               
aircraft,  home heating,  the few  trucks, and  power generation.                                                               
The fuel for on-highway vehicles  would have to be separated from                                                               
the  rest  of  the  fuel  and handled  differently.    Some  fuel                                                               
distributors   limit  the   number   of   products  they   carry;                                                               
distributors will  have to  decide which type  of diesel  fuel to                                                               
haul.   In  Southeast Alaska,  the  market approach  has been  to                                                               
bring in  500 parts per million  (ppm) sulfur fuel.   Even though                                                               
this  is not  yet required,  distributors are  bringing it  in to                                                               
limit the number  of products they haul.  This  is the issue that                                                               
has  the potential  for significant  impact to  rural Alaska  for                                                               
power generation and home heating.                                                                                              
                                                                                                                                
Number 2270                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  observed that  Mr. King is  likely familiar                                                               
with  the gas-to-liquids  (GTL) aspect  of clean-burning  diesel.                                                               
He also  noted that he'd  traveled to South Africa  several years                                                               
ago to visit  a conversion plant.  He then  said BP's refinery in                                                               
the  Nikiski area  is a  pilot  site; he  indicated that  another                                                               
organization was proposing to convert  gas on the North Slope and                                                               
"batch"  it down  the  pipeline.   He asked  if  either of  these                                                               
solutions would be a practical  way to [add low-sulfur diesel] to                                                               
Alaska's  distribution  system,  and  whether it  could  save  in                                                               
transportation costs to rural areas.                                                                                            
                                                                                                                                
MR. KING  responded that  the fuel  would still  require separate                                                               
handling.     Additionally,   there  are   issues  in   terms  of                                                               
"lubricity"  and combustion  characteristics  with  the GTL  fuel                                                               
produced; he  indicated additives are available  to address these                                                               
issues.  He  referred to the aforementioned BP plant  and said it                                                               
isn't large  enough to meet the  on-road demand for fuel.   It is                                                               
an  alternative  form of  fuel  that  could  be used;  there  are                                                               
additives that  can be  used [to  make it  usable], but  it still                                                               
requires separation  from other fuels.   He pointed out  that the                                                               
GTL has  absolutely no sulfur  in it, whereas the  fuel currently                                                               
in the  system ranges from 300  or 400 ppm to  3,000 ppm, allowed                                                               
under  the  specifications.    He  said it  won't  take  much  to                                                               
contaminate fuel with a 0- to 15-ppm sulfur content.                                                                            
                                                                                                                                
Number 2146                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  replied, "I  was  thinking  the other  way                                                               
around."   He  acknowledged that  the  pilot plant  would not  be                                                               
capable of  meeting all  the demand, but  presuming the  pilot is                                                               
found to be economically viable,  the production might expand, as                                                               
BP has indicated, to meet Alaska's  needs as well as to export to                                                               
the West  Coast.   He offered his  impression that  unless Alaska                                                               
converts  completely  [to  low-sulfur fuel],  rural  Alaska  will                                                               
still be impacted  with high transportation costs  in addition to                                                               
the more expensive fuel.                                                                                                        
                                                                                                                                
MR.  KING  concurred.   He  referenced  a  comment from  a  rural                                                               
resident who'd  indicated that the best  way to do this  would be                                                               
to mandate  it across the  board.   That, however, still  has the                                                               
potential for  economic impact.   He  acknowledged that  in time,                                                               
this  [low-sulfur  fuel]  likely  will become  the  only  product                                                               
available to meet the needs.                                                                                                    
                                                                                                                                
Number 2076                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  observed that there might  not be enough                                                               
information to  support the "whereas" clause  that says emissions                                                               
from large  trucks and  buses are not  a health  or environmental                                                               
problem in off-road  or rural Alaska.  She suggested  it might be                                                               
more accurate  to say that "we  just don't know", and  that there                                                               
isn't enough information to show  it is a health or environmental                                                               
problem.                                                                                                                        
                                                                                                                                
MR.  KING replied  that it  is  currently not  possible to  state                                                               
unequivocally  that there  is  a  health issue.    He noted  that                                                               
diesel-exhaust  pollutants have  been linked  to various  cancers                                                               
and  other health  problems.   The  types of  emissions in  rural                                                               
Alaska  are  somewhat   different  due  to  the   nature  of  the                                                               
combustion process.   Nevertheless, DEC is  concerned about those                                                               
emissions; that  is why  DEC is seeking  funding with  the Alaska                                                               
Native  Health Board  and other  entities  to design  a study  to                                                               
[ascertain  the  health  impacts  of diesel  emissions  in  rural                                                               
Alaska].    He  added  that  this study  is  not  inexpensive  to                                                               
undertake; the  first step is to  design the study, and  the next                                                               
step  is to  conduct  it.   He  said  testimony  received by  DEC                                                               
indicated that bus and truck emissions  were not believed to be a                                                               
health issue because of the  vehicles' limited numbers.  Specific                                                               
pollutants from these vehicles are a problem, he said.                                                                          
                                                                                                                                
Number 1963                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked,  "But right  at the  moment, they                                                               
haven't  been shown  to  be; is  that fair  enough?"   She  again                                                               
indicated it would be better to  say that, because it isn't known                                                               
that they aren't [hazardous].                                                                                                   
                                                                                                                                
MR. KING agreed that Representative  Kerttula's statement is more                                                               
accurate:  the emissions have  not been shown to be [detrimental]                                                               
in the concentrations that exist in rural Alaska.                                                                               
                                                                                                                                
Number 1923                                                                                                                     
                                                                                                                                
FRANK   DILLON,  Executive   Vice   President,  Alaska   Trucking                                                               
Association, testified  via teleconference,  noting that  the 43-                                                               
year-old trade  association has members in  Annette, Tok, Barrow,                                                               
Dutch Harbor, and in between.   The association has been involved                                                               
in the  issue of low-sulfur  fuel since 1992, when  it recognized                                                               
that the introduction of low-sulfur  fuel into Alaska presented a                                                               
conundrum fraught  with myriad  unknowns.   "It remains  that way                                                               
ten years later," he said.                                                                                                      
                                                                                                                                
MR.  DILLON complimented  DEC on  its efforts  to determine  what                                                               
using low-sulfur  fuel will mean  in Alaska.   He noted  that the                                                               
Alaska  Trucking Association  has accepted  the inevitability  of                                                               
its use  in order to  power trucks; engines purchased  after 2004                                                               
will most likely  require 400-ppm fuel; by 2006,  all the engines                                                               
available to purchase  will require 15-ppm sulfur fuel  to run at                                                               
all.                                                                                                                            
                                                                                                                                
MR.  DILLON indicated  he takes  exception to  earlier statements                                                               
about the health hazards in Alaska.   He offered his opinion that                                                               
a figure  of $100  million in health  costs attributed  to diesel                                                               
smoke in  Alaska is  entirely "bogus science."   This  number was                                                               
derived from  some national, "fuzzy  science" wherein  costs were                                                               
assigned to  the United States  and then  divided by 50  - Alaska                                                               
being one-fiftieth of  the total cost in the  U.S., he suggested.                                                               
He  said  this  is  not  representative,  simply  because  Alaska                                                               
doesn't  come close  to burning  in a  year the  amount that  the                                                               
Seattle  area  burns  in  one  month.    He  urged  caution  when                                                               
listening to  health statistics related  to diesel, and  he added                                                               
that  the suggestion  that the  health impacts  are unknown  is a                                                               
good way to word that "whereas" section.                                                                                        
                                                                                                                                
MR.  DILLON  noted  that  he  chairs  the  Citizens  Air  Quality                                                               
Advisory  Committee in  Anchorage,  which is  looking for  diesel                                                               
particulates  in  Anchorage;  so far,  measurable  concentrations                                                               
have  not been  found,  he  said.   Furthermore,  he offered  his                                                               
belief   that  describing   health   impacts  of   non-measurable                                                               
emissions is  not possible.   He said what  is known is  that the                                                               
conversion to ultra-low-sulfur diesel  will be expensive; it will                                                               
produce some  miniscule effect toward cleaner  air, he suggested,                                                               
a negligible effect in terms of a person's life-risk factors.                                                                   
                                                                                                                                
MR. DILLON  concluded by saying  the Alaska  Trucking Association                                                               
supports HJR  47.  He reiterated  support for DEC's efforts.   He                                                               
added that he  was pleased with the EPA's  attitude toward Alaska                                                               
over the years, and recently  in expressing its concern about the                                                               
impacts on rural Alaska.                                                                                                        
                                                                                                                                
Number 1721                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked Mr.  Dillon  whether  he had  any                                                               
objection to  clarifying that  health and  environmental problems                                                               
have not  [been shown to be  linked to diesel emissions  in rural                                                               
Alaska].  She  acknowledged that the benefits  of low-sulfur fuel                                                               
will probably be minimal; there are many other factors involved.                                                                
                                                                                                                                
MR. DILLON replied, "I thinks it's  safe to say that we, in fact,                                                               
don't know.   What we are  trying to determine is  whether or not                                                               
there  is  a  health  risk   associated  in  Alaska  with  diesel                                                               
emissions; that has  not been determined."   He acknowledged that                                                               
not burning  diesel makes for  cleaner air, but said  Alaska does                                                               
burn diesel and will continue  to need diesel for the foreseeable                                                               
future.    Low-sulfur  fuel  might  help  reduce  the  number  of                                                               
particulates, and  may have some  minor benefits for health.   No                                                               
study in Alaska has proven  a connection between diesel emissions                                                               
and illness,  he said.   He told members  that he would  be happy                                                               
with that sort of language change.                                                                                              
                                                                                                                                
Number 1622                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN   asked  about  the  longevity   of  diesel                                                               
tractors  and  whether most  of  them  stay  in  the state.    He                                                               
observed  that trailers  are shipped  up to  the state,  and that                                                               
tractors pick them up and distribute them.                                                                                      
                                                                                                                                
MR. DILLON  answered in  the affirmative.   He reported  that the                                                               
truck fleet  was redone ten years  ago in response to  changes in                                                               
air  quality  standards.   He  noted  that discussions  with  the                                                               
Alaska  [Trucking]  Association  and  engine  manufacturers  have                                                               
offered ways in which they  will bring themselves into compliance                                                               
with regard to  fuel emissions.  He pointed out  that the problem                                                               
occurs when higher-sulfur-content fuel is  used in newer engines;                                                               
one tank of fuel  will ruin a $60,000 engine.   He said that from                                                               
an  economic standpoint,  the trucking  industry  isn't going  to                                                               
burn high-sulfur  fuel in engines  designed for  low-sulfur fuel;                                                               
over the next eight to ten  years, most of the distribution fleet                                                               
will switch over to engines that burn only low-sulfur fuel.                                                                     
                                                                                                                                
Number 1515                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  inquired  whether  the  engine  changeover                                                               
would create a  significant increase in the cost  of delivery; he                                                               
asked if  by the  time [low-sulfur fuel  is required],  the fleet                                                               
will  have  already  made the  transition  to  low-sulfur-burning                                                               
engines.                                                                                                                        
                                                                                                                                
MR. DILLON  expressed his belief  that the transition would  be a                                                               
marketplace  occurrence, and  that  low-sulfur  fuel will  become                                                               
available in  Alaska.  He noted  that he had discussed  this very                                                               
matter  with  a  refiner  in   Edmonton  [Alberta,  Canada]  that                                                               
produces  fuel   with  a  pour   point  consistent   with  arctic                                                               
[conditions].   This refinery  is currently  selling all  of this                                                               
fuel to Canadian  customers, Mr. Dillon reported,  but is willing                                                               
to sell  to Alaskan customers  if they  are willing to  pay more.                                                               
It  will  cost significantly  more  to  do business  with  diesel                                                               
engines in Alaska than it does now.                                                                                             
                                                                                                                                
Number 1437                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  asked  Mr.   Dillon  if,  given  that  the                                                               
changeover will  occur in the  next several years, he  foresees a                                                               
problem with a resolution like  this, for that time of transition                                                               
or until the conversion to low-sulfur fuel has occurred.                                                                        
                                                                                                                                
MR. DILLON  replied, "I  think this  resolution is  excellent, in                                                               
that it is  asking for maximum flexibility and it  is also trying                                                               
to  address  some  of  the  questions we  have  with  our  unique                                                               
distribution system."   He  said some  of these  problems include                                                               
not being able  to use a tank that was  used for high-sulfur fuel                                                               
for  years,  until  it  is  completely clean.    The  removal  of                                                               
sedimentary  sulfur from  a large  storage tank  in a  rural area                                                               
used  for multiple  purposes can  cost hundreds  of thousands  of                                                               
dollars.                                                                                                                        
                                                                                                                                
Number 1343                                                                                                                     
                                                                                                                                
KEN  GATES,   General  Manager,  Cordova   Electric  Cooperative,                                                               
testified via  teleconference.  He encouraged  members to support                                                               
HJR  47,  and  conveyed  appreciation for  others'  comments  and                                                               
concerns expressed about the low-sulfur-fuel  issue.  The Cordova                                                               
Electric  Cooperative is  approaching the  issue from  the diesel                                                               
generation  perspective,  he  said.   Recently,  a  hydroelectric                                                               
project was put online to  help lower diesel emissions by burning                                                               
less  fuel.    He  expressed   his  hope  for  consideration  for                                                               
communities that have taken action to reduce diesel consumption.                                                                
                                                                                                                                
MR.  GATES cautioned  that with  regard to  public health,  it is                                                               
important to  also consider  emotional and  economic health.   He                                                               
offered his  belief that when  people cannot pay their  bills and                                                               
their businesses suffer, there is  an emotional impact due to the                                                               
economic impact.                                                                                                                
                                                                                                                                
MR.  GATES  suggested  that  communities  on  the  Alaska  Marine                                                               
Highway System  don't have dense vehicular  traffic when compared                                                               
with [more]  urban areas.   Consequently,  air quality  issues in                                                               
these coastal  communities aren't  necessarily the same  as those                                                               
of larger communities.  He noted  that he was very concerned that                                                               
[this low-sulfur-diesel  requirement] could increase the  cost of                                                               
fuel by 20 to  30 cents a gallon.  If this  increase is passed to                                                               
the  cooperative's small  membership  of 1,600,  it  will have  a                                                               
significant cost impact to these  customers.  He pointed out that                                                               
Cordova  has recently  lost numerous  businesses; the  economy is                                                               
"on edge."   He  reiterated his request  for members'  support of                                                               
HJR 47.                                                                                                                         
                                                                                                                                
Number 1107                                                                                                                     
                                                                                                                                
SHANE  CARTER, Vice  President, Petroleum  and Freight  Services,                                                               
Yukon Fuel, testified via teleconference,  noting that Yukon Fuel                                                               
sells  and  distributes fuel  and  offers  freight services  from                                                               
Kotzebue Sound to Bristol Bay,  including the Yukon River to Fort                                                               
Yukon and  the Kuskokwim  River to Nikolai.   He  offered support                                                               
for any  movement toward a  homogenous product that  will qualify                                                               
[as] heating  fuel.  One  of the few efficiencies  experienced by                                                               
Yukon Fuel  is that  everything sold for  home heating  and power                                                               
generation is  actually downgraded jet  fuel, he reported.   This                                                               
allows the company  flexibility when moving fuel  from Cook Inlet                                                               
or down the Yukon River  from Nenana.  Should legislation require                                                               
further  segregation of  fuel types,  the  costs associated  with                                                               
tanks clean enough  to handle the low-sulfur fuel  will result in                                                               
higher costs of transport.                                                                                                      
                                                                                                                                
MR.  CARTER offered  his  belief that  the  Denali Commission  is                                                               
moving  toward building  new tank  farms and  helping communities                                                               
build new  power-generation facilities to  enable sustainability.                                                               
The engines being used will be obsolete in the event that low-                                                                  
sulfur fuel is mandated.  He  said he thinks that is an important                                                               
issue for consideration.                                                                                                        
                                                                                                                                
Number 0890                                                                                                                     
                                                                                                                                
MEERA  KOHLER,  President  and Chief  Executive  Officer,  Alaska                                                               
Village    Electric    Cooperative    (AVEC),    testified    via                                                               
teleconference,  noting  that  AVEC  serves  about  22,000  rural                                                               
Alaskans  in  51  remote  communities;  it  operates  stand-alone                                                               
generating  and distributing  systems  in 47  of those  villages,                                                               
with   tie   lines   connecting   the   remaining   4   villages.                                                               
Approximately 150 diesel generators and  500 fuel tanks are owned                                                               
by AVEC, and  it buys more than 5 million  gallons of diesel fuel                                                               
annually.    This  fuel  is   transported  by  small  barges  and                                                               
airplanes at an average cost of  $1.37 a gallon.  The retail cost                                                               
of electricity is  about 40 cents a kilowatt-hour;  28 percent of                                                               
that is direct fuel cost.                                                                                                       
                                                                                                                                
MS.  KOHLER  related  that  she has  heard  of  anticipated  fuel                                                               
increases  ranging from  10 cents  to  one dollar  a gallon;  she                                                               
offered he  belief that an  increase of approximately 25  cents a                                                               
gallon can  reasonably be expected.   For AVEC's  consumers, most                                                               
of whom  are well below  national and state poverty  levels, this                                                               
25-cent  increase translates  to  more than  2  cents a  kilowatt                                                               
hour,  or $1.25  million annually.    She reported  that the  BTU                                                               
value  of ultra-low-sulfur  diesel  is  approximately 15  percent                                                               
lower than  regular diesel - more  fuel is required for  the same                                                               
energy;  that adds  24 cents  a gallon.   Additional  maintenance                                                               
costs will  be incurred  to change  the seals  and valves  on the                                                               
entire generator  fleet, to  clean the  tanks to  accommodate the                                                               
new fuel,  and to provide  for other  unidentified modifications.                                                               
She  estimated that  increases surpassing  $2.5  million will  be                                                               
incurred by AVEC consumers.                                                                                                     
                                                                                                                                
Number 0760                                                                                                                     
                                                                                                                                
MS.  KOHLER  explained  that  diesel  fuel  is  used  in  Alaskan                                                               
villages  for  space  heating  and  electric  generation;  it  is                                                               
therefore  presumably  exempt from  the  EPA's  rules.   However,                                                               
because a  single transportation and  storage system is  used, it                                                               
is likely  that non-transport diesel users  will be inadvertently                                                               
impacted by  any general requirement  for a transition  to ultra-                                                               
low-sulfur diesel.                                                                                                              
                                                                                                                                
MS. KOHLER  expressed strong  support for  HJR 47,  but suggested                                                               
some  language changes.   First,  she suggested  that on  page 2,                                                               
line  15,  the word  "cooperatives"  be  changed to  "utilities".                                                               
Many utilities  serving rural communities are  municipal, tribal,                                                               
or  privately   owned,  she  said.     Regardless  of  ownership,                                                               
utilities face  the same  issues that  cooperatives do.   Second,                                                               
page 2,  lines 18-19,  speaks to the  anticipated retail  cost of                                                               
electricity.  She offered her  opinion that the range of increase                                                               
in the bill of  45 cents to 70 cents is not  quite accurate.  She                                                               
told members:                                                                                                                   
                                                                                                                                
      The reality is, the current cost of energy in rural                                                                       
     Alaska is anywhere from 40 to 60 cents a ... kilowatt-                                                                     
     hour.  In those cases, you  could see rises of up to 70                                                                    
     cents  per kilowatt-hour.   But,  typically, I  believe                                                                    
     that retail fuel prices will  rise by 25 cents or more,                                                                    
     but the  retail cost  of electricity in  each community                                                                    
     will depend  on the utility's efficiency,  and the rise                                                                    
       will be ... anywhere from 5 to 15 cents a kilowatt-                                                                      
     hour.                                                                                                                      
                                                                                                                                
Number 0633                                                                                                                     
                                                                                                                                
MS. KOHLER  told members  that she had  read DEC's  press release                                                               
regarding recommendations to  the EPA; she is  concerned that the                                                               
blanket applicability of the national  plan to communities on the                                                               
road and  on ferry routes is  rather broad.  Minto,  for example,                                                               
is technically on  the road, but is a remote,  rural village upon                                                               
which this requirement would have  a significant monetary impact,                                                               
with  minimal,   if  any,  health   benefits.     Marine  highway                                                               
communities  will also  be greatly  impacted  monetarily by  this                                                               
requirement, she suggested.                                                                                                     
                                                                                                                                
MS.  KOHLER  concluded by  saying  the  EPA's rule  for  reducing                                                               
sulfur emissions was intended to  apply only to heavy-duty trucks                                                               
and buses  - not stationary fuel  uses.  Yet because  of Alaska's                                                               
unique conditions,  its needs  will be  unaccounted for,  and the                                                               
state will perforce be swept under  the rules.  She urged members                                                               
to  request  DEC  to   reconsider  its  recommendation  requiring                                                               
application  of  the  ultra-low-sulfur  diesel to  all  road  and                                                               
marine highway communities.   She added her support  for the one-                                                               
year extension to  study the impacts to rural Alaska  so that the                                                               
rule can  be applied  in a  sensible and  practical manner.   She                                                               
reiterated her support for HJR 47.                                                                                              
                                                                                                                                
Number 0504                                                                                                                     
                                                                                                                                
CHERYL   RICHARDSON,  Volunteer   Director,   Alaska  Clean   Air                                                               
Coalition,  testified via  teleconference,  noting  that she  has                                                               
worked on  this issue  for ten  years and that  [clean air]  is a                                                               
passion of  hers.  She  recounted that  she grew up  in Anchorage                                                               
smelling very  sweet air;  over the years,  however, the  air has                                                               
become dirty  from vehicles,  and it doesn't  smell good  most of                                                               
the time - even in the summer.                                                                                                  
                                                                                                                                
MS. RICHARDSON  concurred with  testimony calling  for affordable                                                               
home  heating  and  electric   generation,  especially  in  rural                                                               
Alaska,  where  she  has observed  residents  struggling  to  pay                                                               
electric bills that  were equivalent to her Anchorage  rent.  She                                                               
also  noted   that  she   is  pleased   that  the   committee  is                                                               
reconsidering [page 2,  lines 4 to 6], which  says emissions from                                                               
large trucks and buses are  not a health or environmental problem                                                               
in rural  Alaska; she conveyed  her surprise at the  inclusion of                                                               
that statement.  Large amounts  of documentation exist that there                                                               
is no safe level of exposure  to diesel exhaust, she pointed out.                                                               
She highlighted the importance of  protecting rural children from                                                               
unhealthy diesel as much as city children are protected.                                                                        
                                                                                                                                
Number 0278                                                                                                                     
                                                                                                                                
MS. RICHARDSON  indicated that  ten years ago  "we" were  told it                                                               
would be  unaffordable to bring  in 500-ppm-sulfur  diesel, which                                                               
has  proven untrue.   She  pointed out  that this  500-ppm-sulfur                                                               
diesel is  cheaper out of  Seattle than  is "dirty" diesel.   She                                                               
added   that  concerns   still  exist   regarding  how   fuel  is                                                               
manufactured  and distributed  in the  state; the  [coalition] is                                                               
unable to  get numbers on  that.  This is  a concern to  her, she                                                               
told members.   How can the  state plan for cleaner  fuel when it                                                               
cannot  get  what  appears to  be  proprietary  information  from                                                               
refineries and distributors?                                                                                                    
                                                                                                                                
MS.  RICHARDSON told  members  that the  Office  of the  Attorney                                                               
General  has been  investigating  Alaska's fuel  companies for  a                                                               
number of years  for price fixing.  The  [coalition] is concerned                                                               
about  the  potential for  windfall  profits  to be  realized  by                                                               
Alaskan fuel companies by charging  higher rates for fuel without                                                               
having made the capital investments  necessary to produce cleaner                                                               
fuel  in  the  state;  local companies  might  charge  clean-fuel                                                               
prices for  dirty fuel and  profit from increased  pollution, she                                                               
cautioned.                                                                                                                      
                                                                                                                                
MS. RICHARDSON  advised members that  diesel has  been documented                                                               
to   cause   respiratory    diseases,   increase   mortality   in                                                               
communities, retard lung development,  and increase the incidence                                                               
of  asthma.   She  said it  is unfortunate  that  Alaska has  not                                                               
measured  its diesel  [particulate] levels;  the [coalition]  has                                                               
been requesting those measurements for  ten years.  She indicated                                                               
the  state is  just  now  beginning to  collect  particles.   She                                                               
pointed  out  that this  doesn't  substantiate  the premise  that                                                               
[diesel emissions]  are not a problem.   It is clearly  a problem                                                               
in Anchorage, she  stated, because one can smell and  see it; the                                                               
public knows it is a noxious pollutant.                                                                                         
                                                                                                                                
MS. RICHARDSON  said the  EPA chose to  pursue the  "biggest bang                                                               
for the buck"  when [applying the low-sulfur  diesel standard] to                                                               
on-road vehicles;  the agency  was looking out  for the  Lower 48                                                               
population.   She  suggested  if  the EPA  had  focused on  rural                                                               
Alaska,  it  would  have  addressed  home  heating  and  electric                                                               
generation, but that Alaska has  too small a population to garner                                                               
that  type  of  focus.   Therefore,  it  is  up  to DEC  and  the                                                               
legislature  to  protect  rural  villages  the  way  the  EPA  is                                                               
protecting the  rest of the  nation, she  said.  She  agreed that                                                               
the EPA has  been doing a good job lately;  the evaluation of the                                                               
regulation  is   moving  the  right   direction.    The   EPA  is                                                               
acknowledging  that there  are  health  problems associated  with                                                               
diesel  exhaust; this  is  a  new position  for  the agency,  she                                                               
added.  She requested that the  legislature work with DEC to make                                                               
the conversion  [to low-sulfur diesel]  affordable and  to ensure                                                               
that rural children are protected as city children are.                                                                         
                                                                                                                                
TAPE 02-23, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN remarked that it  has been a long time since                                                               
he was subjected to living in a  place with poor air quality.  He                                                               
noted that when he lived in  California many years ago there were                                                               
many  publications supporting  the  premise  that gasoline  fumes                                                               
were  the   culprit  that  created  photochemical   smog;  diesel                                                               
emissions looked terrible, but were  not considered as noxious or                                                               
as  serious a  respiratory  hazard.   He  asked,  "Has that  been                                                               
changed?"                                                                                                                       
                                                                                                                                
MS. RICHARDSON  replied in the  affirmative.  She noted  that she                                                               
is not  a chemist, but became  involved in these issues  20 years                                                               
ago,  when the  message was  that carbon  monoxide from  gasoline                                                               
exhaust, but not  diesel, was a hazard.   However, evidence began                                                               
pouring in  10 or 12  years ago, and  it is now  irrefutable that                                                               
[diesel exhaust  is harmful].   She offered that  California, the                                                               
World  Health  Organization,  and  others  are  declaring  diesel                                                               
exhaust  a  carcinogen;  it  has   in  excess  of  40  toxic  air                                                               
chemicals.   She  concluded that  there is  no safe  threshold at                                                               
which diesel is okay to breathe.                                                                                                
                                                                                                                                
Number 0186                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK closed public testimony on HJR 47.                                                                               
                                                                                                                                
REPRESENTATIVE MORGAN noted  that he had not  anticipated a great                                                               
deal of discussion of health issues.   He pointed out that in the                                                               
1950s, when most  rural villages had no  electricity, the [health                                                               
standard  was   much  lower].     He  offered  his   belief  that                                                               
electricity has  increased the lifespan  of every  Native Alaskan                                                               
in [rural villages], saving many  babies' lives and powering many                                                               
health  clinics;  he  suggested  its benefits  far  outweigh  the                                                               
[potential hazards] of diesel emissions.                                                                                        
                                                                                                                                
Number 0355                                                                                                                     
                                                                                                                                
REPRESENTATIVE MORGAN indicated his  belief that dust from three-                                                               
and four-wheelers  in the  Bush is  a greater  respiratory hazard                                                               
than diesel emissions.  He encouraged members to support HJR 47.                                                                
                                                                                                                                
Number 0398                                                                                                                     
                                                                                                                                
CO-CHAIR  MASEK expressed  her belief  that urban  residents also                                                               
breathe more dust  than diesel [fumes].  She  turned attention to                                                               
amendments.                                                                                                                     
                                                                                                                                
REPRESENTATIVE MORGAN stated that  eliminating page 2, lines 4-6,                                                               
would be fine with him.                                                                                                         
                                                                                                                                
REPRESENTATIVE  GREEN  moved to  adopt  Amendment  1, which  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Page 1, Line 3.  after "of" insert "ultra-.                                                                                
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
Number 0622                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  moved to  adopt  Amendment  2, which  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
         Page 2, line 15. strike "cooperatives" and add                                                                         
     "utilities"                                                                                                                
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
Number 0687                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  moved to  adopt  Amendment  3, which  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
       Page 2, lines 18 and 19.  strike "to approximately                                                                       
     $.70 per kilowatt hour" and add "approximately 10 per                                                                      
     cent or more."                                                                                                             
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
CO-CHAIR MASEK suggested a fourth amendment, to strike lines 4-6                                                                
on page 2.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GREEN moved to adopt the foregoing as Amendment                                                                  
4.  There being no objection, Amendment 4 was adopted.                                                                          
                                                                                                                                
Number 0730                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN moved  to report HJR 47, as  amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  There being  no objection, CSHJR 47(RES) was moved                                                               
out of the House Resources Standing Committee.                                                                                  

Document Name Date/Time Subjects