Legislature(2013 - 2014)BUTROVICH 205

01/23/2013 03:30 PM Senate RESOURCES


Download Mp3. <- Right click and save file as

Audio Topic
03:30:38 PM Start
03:31:04 PM Who's Keeping the Lights and Heat On? Problems and Solutions
04:22:13 PM Homer Electric Association Update by Bradley Janorschke
05:01:27 PM SB29
05:50:15 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ "Who's Keeping the Lights & Heat On?" TELECONFERENCED
Problems & Solutions
Railbelt Utilities
-- Testimony <Invitation Only> --
*+ SB 29 CRUISE SHIP WASTEWATER DISCHARGE PERMITS TELECONFERENCED
Heard & Held
Commissioner Larry Hartig, Dept. of Environmental
Conservation
-- Testimony <Invitation Only> --
        SB  29-CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                     
                                                                                                                                
5:01:27 PM                                                                                                                    
CHAIR GIESSEL  reconvened the  Senate Resource  Committee meeting                                                               
at 5:01 p.m. and announced SB 29 to be up for consideration.                                                                    
                                                                                                                                
LARRY   HARTIG,   Commissioner,   Department   of   Environmental                                                               
Conservation (DEC), introduced staff  in the audience. He planned                                                               
to give  a little  history leading  up to  today, talk  about the                                                               
Science Advisory  Panel and  then about  the bill  and permitting                                                               
facilities. While this  bill deals with some aspects  of that, it                                                               
primarily  aligns   cruise  ships  with  other   people  who  get                                                               
discharge  permits from  the department.  It  doesn't change  the                                                               
laws on how it's done.                                                                                                          
                                                                                                                                
COMMISSIONER  HARTIG   recalled  in   1999  when   people  became                                                               
concerned  about  the  waste water  discharge  from  cruise  ship                                                               
vessels and that led to them  being required to switch to advance                                                               
waste water treatment systems in 2004.  They were known to be the                                                               
best water  treatment at  the time doing  even better  than land-                                                               
based facilities. In  2006, a citizens' initiative  was put forth                                                               
taxing the  industry to help  pay for onshore  infrastructure and                                                               
requiring a  permit issued  by the  State of  Alaska in  order to                                                               
discharge treated  waste water in  Alaska's waters (no  more than                                                               
three miles off  shore, which is federal waters that  has no such                                                               
requirement).                                                                                                                   
                                                                                                                                
SENATOR  FRENCH said  Southeast Alaska  has some  enormously wide                                                               
passages much more  than six miles across and asked  if strips of                                                               
federal waters were  located in those passages or do  you have to                                                               
go to the outer coast of Alaska to find federal waters.                                                                         
                                                                                                                                
COMMISSIONER  HARTIG said  the department  has maps  dealing with                                                               
those  issues, but  it  is complicated.  He  needed a  particular                                                               
location to give him an answer,  but in general, some rules apply                                                               
and you don't just go to the outer beach.                                                                                       
                                                                                                                                
SENATOR FRENCH  asked where the  nearest federal water  to Juneau                                                               
is.                                                                                                                             
                                                                                                                                
COMMISSIONER HARTIG  said he  would have  to get  back to  him on                                                               
that.                                                                                                                           
                                                                                                                                
5:06:29 PM                                                                                                                    
He said the  2006 voters' initiative created  the requirement for                                                               
a  state  permit in  state  waters;  it  required that  a  vessel                                                               
discharging  water under  that permit  meet  state water  quality                                                               
standards  at the  point of  discharge. He  explained that  water                                                               
quality standards originate in the  federal Clean Water Act. Each                                                               
state is  supposed to identify what  uses its waters can  be used                                                               
for such  as drinking, recreation  and acquatic life.  Then those                                                               
uses are looked at to see what  water quality has to be: how much                                                               
and  what kind  of pollutants  can be  allowed without  impairing                                                               
that use.  So, the state  set water quality standards  to protect                                                               
these designated uses  of water bodies throughout  the state. The                                                               
Environmental  Protection Agency  (EPA)  reviews those  standards                                                               
and approves them; then they get incorporated into permits.                                                                     
                                                                                                                                
COMMISSIONER HARTIG explained if someone  needs a permit from the                                                               
state to discharge  water, the department would look  at the uses                                                               
of the waters they would be  discharging into and what impacts it                                                               
would  have on  those waters  and write  limits into  the permit.                                                               
Those permit conditions set water  quality standards. So, "at the                                                               
point of discharge"  means those standards have to  be met before                                                               
their  discharge hits  the water.  That is  in contrast  to other                                                               
dischargers  of  treated  waste water  around  the  state.  Other                                                               
industries'  water treatment  plants that  discharge into  marine                                                               
water have mixing zones, which  are an exception to water quality                                                               
standards.  They are  allowed by  the EPA  recognizing that  it's                                                               
really  difficult, if  not impossible,  for  many dischargers  to                                                               
meet the  water quality standards  at the point of  discharge. So                                                               
they allow a limited area of  mixing of the treated effluent with                                                               
the receiving water where the  water quality standards have to be                                                               
met at  the edge of  the mixing zone.  The permit would  say what                                                               
the  conditions  for the  mixing  zone  are,  how much  could  be                                                               
discharged and where  water quality standards have to  be met and                                                               
how  they  would  be  monitored.   Mixing  zones  are  a  typical                                                               
provision  in a  state permit  that would  be issued  to a  waste                                                               
water discharge facility anywhere around  the state, and the 2006                                                               
initiative didn't allow DEC to give cruise ships mixing zones.                                                                  
                                                                                                                                
The question arose from vessels  that weren't meeting state water                                                               
quality standards  at point of  discharge. In 2009 HB  134 passed                                                               
that  gave DEC  temporary (until  the end  of 2015)  authority to                                                               
allow cruise ships  to have mixing zones. So in  2016, they would                                                               
go back to  the original citizens' initiative using  the point of                                                               
discharge for criteria. Second, HB  134 required DEC to convene a                                                               
Science  Advisory Panel  to  advise  them about  what  is on  the                                                               
horizon  in  terms  of  waste  water  treatment  facilities.  The                                                               
statute designates  where the  panel members  come from  and what                                                               
kind of expertise they must have.                                                                                               
                                                                                                                                
5:12:46 PM                                                                                                                    
The panel  held about 15  meetings including experts  from Europe                                                               
and  Alaska, DEC  data and  cruise ship  system observations  and                                                               
issued a preliminary report in  November 2012 indicating what was                                                               
achievable  and when.  They concluded  that  the current  systems                                                               
called  "advanced waste  water treatment  systems" are  state-of-                                                               
the-art in terms of what is available now.                                                                                      
                                                                                                                                
COMMISSIONER   HARTIG  explained   that   advanced  waste   water                                                               
treatment systems are a class  and that a number of manufacturers                                                               
approach  waste water  treatment a  little differently.  Some may                                                               
work better  on different pollutants  and ships are  different in                                                               
terms of piping  and spacing, so you can't say  one system is the                                                               
best without studying the whole ship.                                                                                           
                                                                                                                                
5:14:21 PM                                                                                                                    
The panel  also looked at DEC  water quality data and  found that                                                               
these ships were  doing pretty well with meeting  the criteria at                                                               
the  point of  discharge except  for treating  ammonia and  three                                                               
dissolved  metals: zinc,  copper and  nickel. The  panel couldn't                                                               
identify  a system  on the  horizon  that could  be installed  on                                                               
these  vessels that  would bring  them into  compliance with  the                                                               
point  of discharge  requirement. They  did recognize  that there                                                               
certainly  are   opportunities  for  efficiencies   and  tweaking                                                               
systems  for improvements.  With the  standard hanging  out there                                                               
and  the authority  to do  mixing  zones sunseting  in 2015,  the                                                               
department  would suddenly  be  back  to using  at  the point  of                                                               
discharge for  all parameters. Maybe some  affordable incremental                                                               
moves could  be made, but  you still wouldn't make  that standard                                                               
by 2015.  Would you tweak your  system and try to  stay in Alaska                                                               
or start making plans to leave?                                                                                                 
                                                                                                                                
The DEC  has a number of  ways to regulate dischargers;  it isn't                                                               
just the treatment system. It  can say where the discharge should                                                               
be, how  often, when  under way  so you have  the sea  turning up                                                               
behind the  ship and rapid  mixing, and who  goes when to  name a                                                               
few.  Other things  can be  done to  minimize the  impact of  the                                                               
discharge besides  just looking at the  treatment system, itself,                                                               
Commissioner Hartig said.                                                                                                       
                                                                                                                                
The panel  also looked  at the  environmental benefit  with other                                                               
changes that  might be made and  found that it would  probably be                                                               
hard to  define that, particularly given  DEC's other authorities                                                               
to  minimize   the  impacts  of  discharging   waste  water.  The                                                               
preliminary report  was required in 2013  and a final one  is due                                                               
in January  2015 - right before  the sunset of DEC's  mixing zone                                                               
authority with the idea that  the legislature would come back and                                                               
revisit the  situation and decide  what to do. The  DEC concurred                                                               
with the Science Advisory Panel's findings.                                                                                     
                                                                                                                                
5:18:48 PM                                                                                                                    
The key points in SB 29 are:                                                                                                    
-it removes at the point of discharge requirement.                                                                              
-it would  allow cruise  ships to  be able to  get a  mixing zone                                                               
permit  only  if  they  treat  waste water  in  advance  with  an                                                               
advanced waste water treatment system.                                                                                          
-it gives DEC guidance on  what an advanced waste water treatment                                                               
system is  and the ability to  approve of a system  that does the                                                               
same thing in a different way.                                                                                                  
                                                                                                                                
One  thing the  panel didn't  address  is in  SB 29  and that  is                                                               
smaller vessels;  less than  20 that  operate in  Alaskan waters.                                                               
Their discharges  would be managed under  "best management plans"                                                               
that would  be submitted to  and approved by DEC.  The department                                                               
would still have the ability to  require a permit if they thought                                                               
the vessel needed  to do things differently. The plans  can be in                                                               
effect for five years under SB  29 instead of the existing three,                                                               
which is consistent with all  waste water permits. The five years                                                               
would also apply to the larger vessels.                                                                                         
                                                                                                                                
5:22:22 PM                                                                                                                    
CHAIR GIESSEL asked if the small  vessel section was section 2 on                                                               
page 2.                                                                                                                         
                                                                                                                                
COMMISSIONER  HARTIG  said he  wasn't  going  to do  a  sectional                                                               
analysis but give  an overview of how things  worked together. He                                                               
went on  to say  that SB 29  also puts cruise  ships in  the same                                                               
category as other facilities that  DEC issues waste water permits                                                               
for. Current  law says  when the department  writes a  new permit                                                               
for cruise  ship vessels it can't  have any condition in  it that                                                               
is less restrictive than was in  an earlier version of the permit                                                               
(the  "anti-backsliding  provision,"  that is  based  on  federal                                                               
law).   But there  are a  series of exceptions  for when  you are                                                               
allowed  to backslide.  Those exceptions  are  in current  cruise                                                               
ship law  and they are needed  sometimes; for instance if  a ship                                                               
did well  on a bunch  of parameters but not  so well on  one. The                                                               
department now has the flexibility to  let them go ahead, so they                                                               
still want that flexibility.                                                                                                    
                                                                                                                                
5:24:56 PM                                                                                                                    
He said they  had been writing permits during the  last few years                                                               
the  initiative was  in  effect  and maybe  some  of them  aren't                                                               
right.  They basically  want to  have something  similar to  what                                                               
they do for other dischargers.                                                                                                  
                                                                                                                                
SENATOR FRENCH  asked him  to explain how  the effects  of copper                                                               
and zinc could be of concern to people who fish for salmon.                                                                     
                                                                                                                                
COMMISSIONER HARTIG said  all the parameters they  talk about are                                                               
of  concern  which  is  why   water  quality  criteria  has  been                                                               
established  for  them.  Copper   has  the  potential  to  impact                                                               
olfactory senses of  fish and impair their ability  to find their                                                               
home stream or change their response to prey.                                                                                   
                                                                                                                                
He  explained  that the  department  is  required to  review  its                                                               
standards at  least every three  years; it's called  a tri-annual                                                               
review. They  notice the  public and list  the things  they think                                                               
need to be looked at for  possible change. Copper has been on the                                                               
last  couple  of  tri-annual  reviews;   so  it's  one  they  are                                                               
watching. The  best advice he could  give is that the  science is                                                               
still  emerging and  moving on  it now  would be  premature. When                                                               
they move it will be very  informed, because copper is not unique                                                               
to cruise ships. It would be  of concern for a mine discharge and                                                               
it's also what some water systems are built out of.                                                                             
                                                                                                                                
SENATOR FRENCH asked if all cruise ships have copper pipes.                                                                     
                                                                                                                                
COMMISSIONER  HARTIG  answered  no.   Copper  has  a  variety  of                                                               
sources; you could  say copper came from the copper  pipes in the                                                               
community where they got their  bunkered water or from the copper                                                               
pipes or fittings  in the ship. DEC sets  water quality standards                                                               
for  everybody, so  when they  look at  the potential  effects of                                                               
copper, it  wouldn't matter where  it came from. They  would look                                                               
at the  amount of copper  that is discharged  and if it  would be                                                               
safe  going  into whatever  the  receiving  environment is.  They                                                               
couldn't  require  discharging  under   way  for  a  shore  based                                                               
facility. Copper  can't be  treated in  the discharge,  but other                                                               
approaches can  be taken like  looking at people putting  in more                                                               
copper than the cruise ships do.                                                                                                
                                                                                                                                
SENATOR FRENCH asked who that would be.                                                                                         
                                                                                                                                
COMMISSIONER HARTIG  replied that  he would have  to look  at the                                                               
historic mining  reports. The  City and  Borough of  Juneau plant                                                               
had problems  with copper at  one point  that EPA was  doing some                                                               
enforcement on.                                                                                                                 
                                                                                                                                
5:30:08 PM                                                                                                                    
SENATOR  MICCICHE  said  he  was  aware  of  mixing  zones  being                                                               
disallowed in  anadromus streams  for waste water  discharges and                                                               
asked if  there was  another scenario  in the  marine environment                                                               
where mixing zones are disallowed in the state.                                                                                 
                                                                                                                                
COMMISSIONER HARTIG  answered that SB  29 doesn't change  the law                                                               
that would allow DEC to decide  where, when and how someone could                                                               
discharge waste water from a  cruise ship. So they could prohibit                                                               
it that  way. Mixing zone  regulations don't  go away with  SB 29                                                               
and  there  are  17  requirements  to  get  one;  it  can't  bio-                                                               
accumulate or have toxic effects,  it can't affect anadromus fish                                                               
going  through the  area, and  it can't  affect the  water body's                                                               
ability  to  produce  aquatic  life   in  the  future  or  affect                                                               
populations to  name a few. A  cruise ship has a  right to mixing                                                               
zone, but  it doesn't  mean they automatically  get one;  it must                                                               
have an advanced waste water  treatment system as well as meeting                                                               
all the conditions.                                                                                                             
                                                                                                                                
COMMISSIONER  HARTIG  said SB  29  doesn't  change water  quality                                                               
standards  and when  the state  changes them  they can't  be used                                                               
unless  the EPA  approves them.  SB 29  would sunset  the Science                                                               
Advisory Panel,  but not  change DEC's  ability to  impose permit                                                               
conditions or to look at  best available technologies, putting it                                                               
in line with other dischargers.                                                                                                 
                                                                                                                                
CHAIR GIESSEL asked if the  allowance for cruise ships expires in                                                               
2015.                                                                                                                           
                                                                                                                                
COMMISSIONER  HARTIG  answered that  it  expires  at the  end  of                                                               
calendar year 2015 and the DEC  would lose its authority to allow                                                               
mixing zone for  cruise ships and would go back  to "at the point                                                               
of discharge" for all water quality standards.                                                                                  
                                                                                                                                
CHAIR  GIESSEL asked  why it  was important  to address  the bill                                                               
now.                                                                                                                            
                                                                                                                                
COMMISSIONER  HARTIG replied  that two  things would  motivate an                                                               
earlier  look. First,  the cruise  ships themselves  have various                                                               
systems and they  are pretty packed in their spaces.  If you make                                                               
a big  change, the ship would  have to be pulled  apart; it would                                                               
have to  go into dry  dock and be cut  in half or  something like                                                               
that and  that would require a  fair amount of lead  time and the                                                               
cruise ships  are scheduled around  the world. Also,  nothing has                                                               
been identified  to be  any better  than existing  advanced waste                                                               
water treatment systems in terms of being available soon.                                                                       
                                                                                                                                
5:37:13 PM                                                                                                                    
Another point was that the current  permit that was used for  the                                                               
last cruise  season expires in  April 2013 and can't  be extended                                                               
(beyond the three years). The  first cruise ship arrives in April                                                               
2013. a week or two after the  permit expires, and it will need a                                                               
permit  to  be  legal  under  Alaska  law  because  it  needs  to                                                               
discharge. DEC  could issue  a new permit  for vessels  coming to                                                               
Alaska that  want to discharge  before this upcoming  season, but                                                               
it  would be  based on  existing law.  So if  SB 29  passes there                                                               
would be  a permit  issued for  the coming  season that  would be                                                               
based on the previous law. Ships  would have to plan their cruise                                                               
season around  that. It's all doable,  but if SB 29  passes, then                                                               
the  department  would  turn around  and  start  running  another                                                               
permit through the public process.                                                                                              
                                                                                                                                
SENATOR  FAIRCLOUGH asked  how the  department defines  "advanced                                                               
waste water treatment" in regulation.                                                                                           
                                                                                                                                
COMMISSIONER HARTIG replied that it  would look like the statute;                                                               
the  only difference  would  be if  some  other treatment  system                                                               
became available.                                                                                                               
                                                                                                                                
5:41:00 PM                                                                                                                    
SENATOR FAIRCLOUGH said she didn't  see a definition in the bill.                                                               
Language on  page 3, starting on  line 13, provides two  areas of                                                               
minimum  standards and  she  asked if  those  were federal  water                                                               
quality  standards or  approved  Alaska  water quality  standards                                                               
that have been approved by the EPA or another federal agency.                                                                   
                                                                                                                                
COMMISSIONER   HARTIG  replied   that  those   are  the   federal                                                               
standards,  sometimes  referred to  as  the  Murkowski Law,  that                                                               
caused the  ships to put  advanced waste water  treatment systems                                                               
in.                                                                                                                             
                                                                                                                                
SENATOR  FAIRCLOUGH  said she  was  looking  for specific  Alaska                                                               
water  quality  standards  and  needed  a  better  definition  of                                                               
"advanced waste  water treatment." She  also wanted to  know what                                                               
the department might consider as add-ons.                                                                                       
                                                                                                                                
COMMISSIONER  HARTIG  said the  water  quality  standards are  in                                                               
regulation 18 AAC  70. Manuals are incorporated  by reference and                                                               
are all  available on  the DEC  website; he  offered to  help her                                                               
locate what she was looking for.                                                                                                
                                                                                                                                
SENATOR DYSON  said putting the  existing standards in  place was                                                               
hard  to do  and ships  spent  a lot  of money  to install  those                                                               
plants that  were only required  for the Alaskan market.  He said                                                               
that Anchorage's municipal waste water  treatment is still only a                                                               
primary  system and  is pretty  primitive and  the only  way they                                                               
stay  in business  is  by  being grandfathered  in.  He was  sure                                                               
Anchorage must  have 70,000  houses with copper  pipe and  he had                                                               
some  information  that said  the  Mendenhall  River produces  23                                                               
times the amount  of copper of all the cruise  ships combined and                                                               
asked if that was true.                                                                                                         
                                                                                                                                
COMMISSIONER HARTIG  responded that he  read that in  the panel's                                                               
report, but he didn't know the exact figures.                                                                                   
                                                                                                                                
SENATOR DYSON asked if he knew  how much copper was in the Copper                                                               
River that has a world-class salmon run.                                                                                        
                                                                                                                                
5:45:18 PM                                                                                                                    
SENATOR  BISHOP  asked  how  many permits  he  writes  for  large                                                               
vessels.                                                                                                                        
                                                                                                                                
COMMISSIONER  HARTIG  replied that  he  writes  one permit;  it's                                                               
called  a  general permit  and  different  types of  vessels  are                                                               
separated into subcategories within it.                                                                                         
                                                                                                                                
SENATOR BISHOP  asked for ball  park information on the  ratio of                                                               
people who discharge inside and outside state waters.                                                                           
                                                                                                                                
5:46:41 PM                                                                                                                    
MICHELLE BONNET HALE, Director,  Division of Water, Department of                                                               
Environmental  Conservation (DEC),  Anchorage, AK,  said that  40                                                               
percent  of cruise  ships  go  outside the  three  mile limit  to                                                               
discharge.                                                                                                                      
                                                                                                                                
COMMISSIONER HARTIG pointed  out that may just be  because of the                                                               
holding capacity they  have in their itinerary and  how much time                                                               
in port and  between ports. It's difficult to  reach a conclusion                                                               
on one fact.                                                                                                                    
                                                                                                                                
SENATOR FAIRCLOUGH  asked if the  ferry system was  excluded from                                                               
the permit requirement.                                                                                                         
                                                                                                                                
MS. HALE answered  that ferries are small  passenger vessels that                                                               
submit a best management practices plan.                                                                                        
                                                                                                                                
COMMISSIONER  HARTIG  answered that  most  of  those vessels  are                                                               
regulated by  the Coast Guard in  terms of what kinds  of systems                                                               
they have,  which is  a lower technology  than an  advanced waste                                                               
water treatment system.                                                                                                         
                                                                                                                                
SENATOR FAIRCLOUGH asked if he  had recommendations for improving                                                               
ferry waste water discharge standards.                                                                                          
                                                                                                                                
COMMISSIONER HARTIG replied that he hadn't looked at that.                                                                      
                                                                                                                                
[SB 29 was held in committee.]                                                                                                  

Document Name Date/Time Subjects
SRES Gas Supply Group. Moira Smith 2013-01-23.ppt SRES 1/23/2013 3:30:00 PM
Railbelt Utility Gas Supply Study Group
SB 29 Sectional Analysis.pdf SRES 1/23/2013 3:30:00 PM
SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Science Advisory Panel Rpt to Leg COVER LTR 1-8-13.pdf SRES 1/23/2013 3:30:00 PM
SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 DEC Preliminary Report on Cruise Ship Wastewater 1-1-13.pdf SRES 1/23/2013 3:30:00 PM
SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Fiscal Note LL0987-DEC-WQ-01-17-13.pdf SRES 1/23/2013 3:30:00 PM
SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Cruise Ship Wastewater Permits vs.A.pdf SRES 1/23/2013 3:30:00 PM
SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Cruise Ship Wastewater Transmittal Letter 2013 01 17.pdf SRES 1/23/2013 3:30:00 PM
SRES 1/25/2013 3:30:00 PM
SB 29
SRES HEA Janorschke 2013-01-23.pptx SRES 1/23/2013 3:30:00 PM
Utility Presentation