Legislature(2013 - 2014)BUTROVICH 205

01/25/2013 03:30 PM Senate RESOURCES


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Audio Topic
03:30:09 PM Start
03:31:44 PM SB29
04:07:12 PM Who's Keeping the Lights and Heat On? Problems and Solutions
04:10:31 PM Presentation by Agdc
04:32:14 PM Presentation: Cingsa, Richard Gentges
04:46:10 PM Presentation: Fairbanks Lng Trucking Option
05:05:39 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
-- Testimony <Invitation Only> --
+= SB 29 CRUISE SHIP WASTEWATER DISCHARGE PERMITS TELECONFERENCED
Heard & Held
Testimony: Time Limit May Be Set
        SB  29-CRUISE SHIP WASTEWATER DISCHARGE PERMITS                                                                     
                                                                                                                                
CHAIR GIESSEL announced SB 29 to be up for consideration.                                                                       
                                                                                                                                
3:31:44 PM                                                                                                                    
ANDY ROGERS,  Deputy Director, Alaska  State Chamber  of Commerce,                                                              
Juneau, Alaska, supported  SB 29. He said it has  the full support                                                              
of the  Alaska Chamber  membership and  is a legislative  priority                                                              
for them.                                                                                                                       
                                                                                                                                
He said the  cruise ship industry  in general touches on  a couple                                                              
of their other  positions: advocating sound science  as opposed to                                                              
precautionary method for legislation and regulation.                                                                            
                                                                                                                                
MR. ROGERS said  that the Science Advisory Panel  found that waste                                                              
water  discharges  from  cruise  ships  currently  meet  a  higher                                                              
standard  than most  if  not all  of Alaska  Municipalities.  This                                                              
industry  has   large  economic   impacts  throughout   the  state                                                              
including the  Interior; some land-based  businesses that  rely on                                                              
them are Alaska  Amphibian Tours in Ketchikan,  Alaskan Brewing in                                                              
Juneau, and Pike's  Landing and Hot Licks Ice  Cream in Fairbanks.                                                              
Members  as far  as Nome  -  like Bering  Air  and Nome  Adventure                                                              
Tours - benefit from guests coming to the state by sea.                                                                         
                                                                                                                                
3:35:01 PM                                                                                                                    
BOB JANES,  representing himself,  Juneau, Alaska supported  SB 29                                                              
and said  he makes his  living off the  cruise industry as  a tour                                                              
operator. He is  not a scientist, but it is all  about science. He                                                              
urged  them to  look  to the  Science  Advisory  Panel report  for                                                              
making policy decisions.                                                                                                        
                                                                                                                                
3:37:30 PM                                                                                                                    
KARLA HART,  Alaska Community  Action on  Toxics, Juneau,  Alaska,                                                              
didn't support SB  29 and said the rush on this  bill did not seem                                                              
warranted  or appropriate.  SB 29  calls for  sunseting the  panel                                                              
before  its work  is done,  which  she opposed.  The final  report                                                              
from the Science  Advisory Panel is  not out yet and she  hoped it                                                              
would get some review and peer discussion.                                                                                      
                                                                                                                                
She said  the Governor's urgency  was artificially  created around                                                              
the  summer timeframe  for  issuing the  permit  and quick  action                                                              
would  betray the  voters  of Alaska  who  voted  for this  higher                                                              
standard of clean water.                                                                                                        
                                                                                                                                
MS. HART  said the volume  and size of  the ships warrant  special                                                              
consideration  as most of  them are  larger than most  communities                                                              
in  Alaska, and  cumulatively they  represent  a large  population                                                              
increase.                                                                                                                       
                                                                                                                                
Their  pollution  is not  small  scale.  If an  Alaskan  community                                                              
doesn't meet discharge  standards, it's in their  front yard; they                                                              
know where it comes  from and who is responsible  and they have to                                                              
clean  it up.  On the  other hand,  ships  discharge anywhere,  so                                                              
remote  areas  you   might  go  to  for  subsistence   harvest  or                                                              
commercial  fishing that you  might think  are clean because  they                                                              
are  far  away  from any  apparent  discharge  could  actually  be                                                              
getting  a pretty  substantial  burden  over time.  A  lot of  the                                                              
pollution  is from  heavy metals  that  bio-accumulate over  time,                                                              
and it is not known what they do to people or the environment.                                                                  
                                                                                                                                
3:40:23 PM                                                                                                                    
MS. HART stated  the Chamber representative urged  action based on                                                              
sound  science   rather  than   a  precautionary  principle,   but                                                              
everyone   knows   that   regulations,   including   Environmental                                                              
Protection Agency  (EPA) regulations, are  a blend of  science and                                                              
politics with  industry input. They  do know now that  the impacts                                                              
of very small  amounts of toxics, undetectable  under technologies                                                              
of a  few years ago,  have really  significant impacts  on people.                                                              
So,  she  asked  them  to slow  down;  the  cruise  industry  will                                                              
survive another year  and Alaskans will appreciate  the chance for                                                              
good consideration.                                                                                                             
                                                                                                                                
3:41:03 PM                                                                                                                    
GUY  ARCHIBALD,  Southeast Alaska  Conservation  Council  (SEACC),                                                              
Juneau,  Alaska,  opposed  SB  29,  but if  it  passes  urged  not                                                              
sunseting  the Science  Advisory Panel.  He said  he is a  chemist                                                              
and because SB 29  is based on the Science Advisory  Panel report,                                                              
he wanted  to comment, in particular,  on the comparison  in it of                                                              
copper  loads  with  the  loading  from  natural  rivers  and  the                                                              
comparison  of cruise  ships to  land-based treatment  facilities,                                                              
mixing zones and some treatment options that were examined.                                                                     
                                                                                                                                
MR. ARCHIBALD  explained  that comparing  cruise ship waste  water                                                              
loadings with  a natural  source such as  the Mendenhall  River is                                                              
really not  sound science  for a number  of reasons.  He explained                                                              
that the  form of the element  matters; whether it's in  its total                                                              
form  or its  dissolved form,  and the  report did  not make  that                                                              
distinction.  He could eat  a handful of  copper pennies  and have                                                              
no ill  effects, but if  he takes that  same amount of  copper and                                                              
dissolves  it into  water and drinks  it, it  would probably  kill                                                              
him. So, the form matters.                                                                                                      
                                                                                                                                
He said  the type of  oxidative state  also matters  and explained                                                              
that these  heavy metals  come in  various oxidative states;  some                                                              
are absorbed  by life and some are  not. A human body  will absorb                                                              
iron in the  ferrous state, but  not in the ferric state,  yet the                                                              
science report doesn't make that distinction.                                                                                   
                                                                                                                                
MR. ARCHIBALD said  the source of the contamination  matters. They                                                              
know  the Copper  River has  a high  level  of copper  in it  that                                                              
often exceeds  the water  quality criteria  for aquatic  life, but                                                              
those  fish   have  had  thousands   of  years  and   hundreds  of                                                              
generations  to  adapt to  that  level  of  copper in  the  water.                                                              
Science tells  them that even  a small  increase in the  amount of                                                              
copper  is still  detrimental to  fish  that are  even adapted  to                                                              
high levels  of copper in the water.  And at the final  level, the                                                              
argument  that cruise  ships  only contribute  a  fraction of  the                                                              
copper  in the  Mendenhall  River  is a  false  comparison; it  is                                                              
somewhat  the same  logic his  teenagers use:  everybody is  doing                                                              
it; why can't I?                                                                                                                
                                                                                                                                
He asked if SB  29 passes that the science panel  not be sunseted,                                                              
but that  the report be finalized  and published for  peer review,                                                              
which is  the norm for scientific  reports. He further  asked that                                                              
the  end  of  high  compliance  with  water  quality  criteria  be                                                              
retained as  an incentive for the  industry to do a better  job as                                                              
land-based treatment systems have done.                                                                                         
                                                                                                                                
3:44:58 PM                                                                                                                    
CHIP  THOMA, President,  Responsible Cruising  in Alaska,  Juneau,                                                              
Alaska,  opposed advancing  SB  29. His  preference  was that  all                                                              
large  cruise  ships  coming  to Alaska  deposit  their  waste  in                                                              
federal  waters.{ Luckily,  they are  coming to  a point with  the                                                              
size and configuration  of these ships that they are  able to hold                                                              
their waste for  five days or more during which  time they transit                                                              
Southeast Alaska.                                                                                                               
                                                                                                                                
MR. THOMA  also stated  that all  ships are  now being  built with                                                              
flex-pipe, which  does not have copper  or any metals in  it. Once                                                              
those  ships  - primarily  run  by  Princess  Cruise Lines  -  are                                                              
phased out, the  ships will be either clean or  practically clean,                                                              
depositing  waste  in  the  Gulf   of  Alaska  or  at  the  Juneau                                                              
treatment plant,  which Princes does right now.  All those aspects                                                              
are coming  to a  good conclusion  in the long  run. In  the short                                                              
run,  these standards  should  be retained  and  "just give  these                                                              
guys  a few  more years  of extension."  Every year  technological                                                              
advances in waste water treatment were being made.                                                                              
                                                                                                                                
The other  day, Mr. Thoma  said had a  question about  the quality                                                              
of the  bunker water,  so he called  the water superintendents  of                                                              
the three  major bunker  towns - Ketchikan,  Juneau and  Skagway -                                                              
and asked  the copper  count in the  bunker water being  delivered                                                              
to the  cruise ships(after  the water  is treated). Ketchikan  had                                                              
an interesting story.  The Ketchikan superintendent said  he had a                                                              
high copper  count; 17 parts per  billion but he had 70  parts per                                                              
billion of lead.  So, he went down to the dock  and looked and saw                                                              
the  brand new  metal ball  valve they  had just  bought (made  in                                                              
India).  He took  that  ball  valve off  and  replaced  it with  a                                                              
plastic one  and did  a new  test after  letting the water  settle                                                              
for eight hours,  and copper came back at 2 parts  per billion and                                                              
.6 percent billion  for lead. The source of the  high count before                                                              
was obviously from the ball valve.                                                                                              
                                                                                                                                
Then Mr.  Thoma said he talked  to the Skagway  superintendent who                                                              
had tested the  municipal docks and found them  below the average.                                                              
The one private  dock was above average and it was  all because of                                                              
the ball  valves. In summary  he said that  a lot basic  stuff can                                                              
be done  and it  being done between  the loading  of the  water on                                                              
and changing  the copper  pipes. Once these  ships are  gone, this                                                              
problem is over. But don't give them an exemption now!                                                                          
                                                                                                                                
3:49:07 PM                                                                                                                    
JOHN KIMMEL,  Cruise Line Agencies  of Alaska, Ketchikan,  Alaska,                                                              
supported  SB  29,  because  holding  cruise  ships  to  the  same                                                              
standard as  everyone else is fair.  The Legislature came  up with                                                              
the Science  Advisory Panel who  studied it for three  years; it's                                                              
time to  listen to their recommendations  and move on.  It's about                                                              
jobs as well; his family depends on the income from those jobs.                                                                 
                                                                                                                                
3:50:58 PM                                                                                                                    
JOSEPH   SEBASTIAN,   representing   himself   and   his   family,                                                              
Petersburg,  Alaska,  opposed SB  29.  His  family had  fished  in                                                              
Southeast Alaska for  35 years and had watched  the development of                                                              
both the sport  fish and cruise ship industries.  His children are                                                              
now  fishermen and  worked their  way through  college on  fishing                                                              
boats.  His neighbor's  son just  bought  a new  boat and  permit;                                                              
Petersburg  is a  fishing  town  as are  many  towns in  Southeast                                                              
Alaska.  This  bill is  bad  for  Alaska's fishing  industry;  its                                                              
whole claim  to clean,  pristine waters has  to have  a foundation                                                              
in reality, in science and in public perception.                                                                                
                                                                                                                                
MR. SEBASTIAN  related that ocean  acidification was  taking place                                                              
due  to  air-borne  carbon  pollution settling  on  the  ocean  in                                                              
amounts that  change the  water's PH  factor. Now  SB 29  wants to                                                              
add  more  pollution  to  it to  compound  this  already  existing                                                              
problem.  If  the cruise  ship  industry  that makes  billions  of                                                              
dollars in  profit every year is  unwilling to uphold  and protect                                                              
our  clean  pristine Alaskan  waters,  then  they really  have  no                                                              
place here and  are not welcome. He  said SB 29 is "a  slap in the                                                              
face  to thousands  of Alaskan  fishing families  and the  fishing                                                              
industry in general."                                                                                                           
                                                                                                                                
He summarized  that every  year technological  advances are  being                                                              
made  and they  are  already  on their  way  to achieving  a  good                                                              
balance with  an industry that  could be  more neutral than  it is                                                              
now in terms of discharges and water quality.                                                                                   
                                                                                                                                
3:54:49 PM                                                                                                                    
MICHELLE RIDGEWAY,  representing herself,  Auke Bay,  Alaska, said                                                              
she is  a member  of the  Alaska Cruise  Ship Waste Water  Science                                                              
Advisory  Panel and did  not support  SB 29  in its current  form.                                                              
She  believed  that  the implications  of  introducing  more  ship                                                              
discharge  at the  volume of  some 800  cubic meters  per day  per                                                              
ship (best  estimate) times  20 ships  times 180  per years  is an                                                              
unacceptable   level   of  introducing   contaminants   into   our                                                              
ecosystem.  Quite frankly she  thought they  would be  appalled by                                                              
the long-term degradation  of the state's marine  ecosystem if the                                                              
bill was allowed to go forward in its current form.                                                                             
                                                                                                                                
She said  SB 29  calls for  establishing mixing  zones for  moving                                                              
vessels,  but pleaded  with them  to avoid going  down that  path.                                                              
She believed  it would  be exceedingly  difficult to get  Alaskans                                                              
to agree  where it  would be  acceptable to  discharge water  that                                                              
contains  copper, zinc,  nickel  and ammonia  at  levels that  are                                                              
known  to be acutely  and chronically  toxic  to marine life.  How                                                              
would areas  for subsistence  harvests be avoided  or some  of the                                                              
established state water  parks or areas that are  critical for the                                                              
dive fisheries  or commercial  and sport  fisheries, tourism  that                                                              
operate in clean  water? "Clean water is our brand;  wild and free                                                              
is a  mantra in  Alaska. Now is  the time  to continue  to protect                                                              
that," she said.                                                                                                                
                                                                                                                                
She  added  that a  number  of studies  demonstrate  clearly  that                                                              
metals  at  very  low levels,  especially  copper,  are  toxic  to                                                              
marine life - and  it is described in DEC records.  They disfigure                                                              
herring  embryos at  very  low levels;  salmon  smolts and  adults                                                              
lose  their sense  of smell,  can't find  their way  home and  are                                                              
subject to  much higher  levels of predation,  not to  mention the                                                              
fact that heavy  metals bio-accumulate in the  food web; ingesting                                                              
them  impacts  our  immune  system  as  well  as  that  of  marine                                                              
mammals. She  urged them to  look a little  harder for  a solution                                                              
that is based on  solid technology that does exist  and good solid                                                              
science that exists, as well.                                                                                                   
                                                                                                                                
3:59:03 PM                                                                                                                    
DAVE  WETZEL,  owner,  Admiralty  Environmental,  Juneau,  Alaska,                                                              
said he is an  independent company that has managed  the sampling,                                                              
monitoring  and  testing  of  large  and  small  cruise  ships  in                                                              
Southeast Alaska  since 2000.  He supported SB  29 as a  sound and                                                              
practical  solution  to approach  cruise  ship monitoring.  SB  29                                                              
applies  Alaska  water  quality  standards  consistently  for  all                                                              
people who  discharge in  Alaska, whether they  are a  waste water                                                              
treatment plant,  a mining company  or a cruise ship.  They aren't                                                              
really  looking at  scaling  back any  of  Alaska's water  quality                                                              
regulations that  are not intended to  be applied at the  point of                                                              
discharge.                                                                                                                      
                                                                                                                                
He  had seen  all of  the major  types of  treatment systems  that                                                              
were  developed  for  operation  in Alaska  and  had  sampled  and                                                              
reviewed the  results from  them all. These  are the  best systems                                                              
that are  available right  now; the  military is actually  looking                                                              
at  using some  of  them.  He observed  a  remarkable  consistency                                                              
between  the different  types of  advanced  waste water  treatment                                                              
systems  in  that they  all  treat  water  to basically  the  same                                                              
quality between  different ships of  the same system and  the same                                                              
ship from  year to year.  So, it's really  only sensible  to apply                                                              
the same strategy  for discharges from land-based  plants to ships                                                              
at sea.  The intent of  the Alaska water  quality standards  is to                                                              
establish limits for  the quality of the water  body, itself; it's                                                              
not a point of discharge standard.                                                                                              
                                                                                                                                
MR.  WETZEL asked  them to  consider that  cruise ship  discharges                                                              
are  much a  small volume  than  from land-based  plants. And  his                                                              
experience  in dealing  with the  vessel owners  is that they  are                                                              
all very committed  to operating their systems properly  and in an                                                              
optimal  manner.   They  are  also  very  interested   in  meeting                                                              
regulations  and  are involved  on  a  daily  basis in  how  their                                                              
results  are  coming out.  He  said  it's important  to  encourage                                                              
proper  use of  these  systems, because  otherwise  they might  be                                                              
encouraged  to simply discharge  outside  of regulated areas  that                                                              
are just as sensitive as salmon rearing habitat as state waters.                                                                
                                                                                                                                
4:03:14 PM                                                                                                                    
RICK ROGERS, Executive  Director, Resource Development  Council of                                                              
Alaska (RDC),  Anchorage, Alaska,  supported SB  29. He  said over                                                              
the last  several years one  of their key  priorities has  been to                                                              
encourage  the  state  to  promote and  defend  the  integrity  of                                                              
Alaska's permitting  process, which  includes predictable,  timely                                                              
and  efficient  processes  that  are based  on  good  science  and                                                              
economic  feasibility.  They  applaud  the tireless  work  of  the                                                              
Science  Advisory Panel  that met  at  least 15  times over  three                                                              
years and came up  with some good solid information  to a rational                                                              
waste water discharge policy for the cruise industry.                                                                           
                                                                                                                                
This  is  not a  rushed  process  given  the  amount of  time  and                                                              
deliberation that  has gone into supporting this  bill. It's clear                                                              
after   reviewing   the   findings   of   that   group   and   DEC                                                              
recommendations  that meeting current  water quality  standards at                                                              
the  point of  discharge from  cruise  ships is  not feasible  and                                                              
isn't necessary to protect the public and aquatic species.                                                                      
                                                                                                                                
MR. ROGERS  summarized  that SB  29 establishes  a policy  that is                                                              
based  on  sound  science and  economic  feasibility;  many  small                                                              
businesses and  communities rely  on cruise business  activity for                                                              
their  livelihoods.  The cruise  ship  industry  has some  of  the                                                              
cleanest discharge  among dischargers in Alaska;  better than many                                                              
municipalities  and   fishing  boats.  It's  troubling   to  start                                                              
singling out one industry over another.                                                                                         
                                                                                                                                
CHAIR GIESSEL closed public testimony and held SB 29.                                                                           

Document Name Date/Time Subjects
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
SB 29 Supp Letter BobBerto 2013.01.23.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Supp Letter DavidWetzel 2013.01.23.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Supp Letter JohnBinkley 2013.01.23.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Opp Letter KathleenMenke 2013.01.24.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Supp Letter CraigJennison 2013.01.23.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SRES Alaska Gasline Development Corp. Fauske Richards 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB 29 DEC Answers to Cmte Questions Hale 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 DEC Preliminary Report 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SRES Alaska Gasline Development Corp. ASAP-Project-Plan-Update 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB 29 Opp Letter ChipThoma 2013.01.23.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Written Testimony GuyArchibald 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SB 29 Supp Letter PeterButz Linblad Expeditions 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB 29
SRES Cook Inlet Natural Gas Storage Alaska Gentges Smith 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SRES Fairbanks LNG Trucking AEA Therriault 2013.01.25.pdf SRES 1/25/2013 3:30:00 PM
SB29 Supp Alaska Chamber Testimony.Rogers.pdf SRES 1/25/2013 3:30:00 PM