Legislature(2021 - 2022)BUTROVICH 205
05/03/2021 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB104 | |
| SB85 | |
| HB115 | |
| SB121 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 104 | TELECONFERENCED | |
| *+ | SB 85 | TELECONFERENCED | |
| += | HB 115 | TELECONFERENCED | |
| += | SB 121 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 121-PFAS USE & REMEDIATION; FIRE/WATER SAFETY
4:10:54 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 121 "An Act relating to
pollutants; relating to perfluoroalkyl and polyfluoroalkyl
substances; relating to the duties of the Department of
Environmental Conservation; relating to firefighting substances;
relating to thermal remediation of perfluoroalkyl and
polyfluoroalkyl substance contamination; and providing for an
effective date."
4:11:13 PM
SENATOR KIEHL, speaking as sponsor of SB 121, stated this
legislation deals with per- and polyfluoroalkyl substances, more
commonly known as PFAS. These chemicals have been around a long
time, both because they are effective in firefighting and
because they do not break down once they are in the environment.
They are referred to as forever chemicals and they are
particularly hazardous to human health. He continued the
introduction paraphrasing excerpts of the following sponsor
statement:
Per- and polyfluoroalkyl substances (PFAS) are a group
of chemicals harmful to human health. They are linked
to serious health conditions including low birth
weight, thyroid disease, and cancer. Low levels of
exposure are common because PFAS can be found in
products from non-stick cookware to waterproof
jackets. But large-scale exposures happen where
certain firefighting foams or other compounds
containing PFAS seep into drinking water and linger
for years.
Alaska's Department of Environmental Conservation
declared PFAS hazardous substances several years ago.
Senate Bill 121 sets health-protective limits on the
amount of PFAS in drinking water. The bill guarantees
Alaskans in areas with a lot of PFAS will get clean
drinking water and their blood levels checked. To
prevent future pollution, SB 121 bans PFAS foams
starting late in 2021 when the Federal Aviation
Administration stops forcing airports to use them
(unless some other federal law preempts.)
Because there is no effective alternative for the
intensity of fire threat oil & gas operations face at
refineries or the Trans Alaska Pipeline terminal, the
bill carves out an exemption for those producing,
transporting, or refining oil and gas until the State
Fire Marshal determines an effective non-PFAS
substance could do the job.
SENATOR KIEHL stated SB 121 lists the six PFAS chemicals about
which the most is known and sets protective standards for how
much can be in drinking water without danger to Alaskans. This
is not about site cleanup; it is about the water that comes from
taps and wells. The bill stops additional discharge of PFAS
chemicals into the environment except where they are federally
required. For spills that may impact drinking water, SB 121
maintains the current state standard that requires the polluter
to pay.
SENATOR KIEHL highlighted that the bill requires DEC to take
from Alaskans each year up to 25 gallons of PFAS-containing
concentrates. There is no intention for the state to be the
recipient of all the PFAS in the state, but this will help small
villages that have received a lot of PFAS from the state over
the years, but do not have the funds to dispose of these
hazardous chemicals.
4:16:16 PM
SENATOR KIEHL mentioned the fiscal note and pointed out that
there would be costs associated with PFAS whether the bill
passes or not. He highlighted that the state has joined the
growing list of states that have filed suit against the
manufacturer to help recover some of what it will cost to get
clean drinking water for Alaskans because these chemicals are in
the environment. He described SB 121 as a balanced and
responsible approach to end new PFAS contaminations and to
ensure clean drinking water for those whose water has been
contaminated.
4:17:25 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 121 that read as follows:
Sec. 1 of the bill creates five new sections in AS
46.03:
Sec. 46.03.340: Standards for Clean Drinking
Water & Blood Testing
Sec. 46.03.340(a): Directs the Department of
Environmental Conservation to make sure
drinking water near PFAS spills is tested.
Requires the department to make sure anyone
with contaminated drinking water gets clean
drinking water and a voluntary blood test for
PFAS levels.
Sec. 46.03.340(b): Sets health-based maximum
levels of contamination in drinking water for
seven PFAS chemicals and maintains DEC's
authority to set more protective thresholds.
Sec. 46.03.340(c): Requires DEC to make sure a
responder exposed to PFAS contamination gets a
voluntary blood test for PFAS levels.
Sec. 46.03.345: Who is responsible for providing
drinking water and blood testing?
Sec. 46.03.345(a): Clarifies the causer of a
fire is liable for providing drinking water
and blood testing if PFAS-containing foam is
used to fight the fire. Creates an exemption
for residential fires and non-commercial motor
vehicle fires.
Sec. 46.03.345(b): A fire department is not
liable for providing drinking water and blood
testing, or site clean-up if they used PFAS-
containing foam to fight a fire. This section
maintains existing liability for fire fighters
if they use PFAS-containing foam for training
or testing.
Sec. 46.03.345(c): Clarifies this bill doesn't
change a responsible party's liability
described elsewhere in DEC statutes.
Sec. 46.03.345(d): Defines "motor vehicle" and
"residential building" for purposes of this
section.
Sec. 46.03.350: Who can still use PFAS
containing foams?
Sec. 46.03.350(a): The oil & gas industry may
continue using PFAS containing foams until an
alternative is approved through regulation.
Sec. 46.03.350(b): The fire marshal can
determine there is a safe and effective PFAS-
free foam for fighting large oil or gas fires
only if the alternate foam is listed by an
organization in OSHA's Nationally Recognized
Testing Laboratory Program. The fire marshal
must require the new foam by regulation, with
a stated effective date.
Sec. 46.03.350(c): DEC must take up to 25
gallons per year of PFAS-containing
firefighting foam from Alaskans for disposal.
Sec. 46.03.350(d): When federal law no longer
requires firefighting foams with PFAS in them
at airports, everyone outside the oil & gas
industry must stop using PFAS-containing
foams, unless federal law preempts Alaska law.
Sec. 46.03.355: Requires a facility treating
PFAS through thermal remediation to get a Clean
Air Act Title V permit.
Sec. 46.03.359: Lists the PFAS compounds covered
by this bill and maintains DEC's authority to
list more.
Sec. 2 of the bill adds applicability provisions:
Sec. 2(a): A responder exposed to PFAS on or
after Jan. 1, 2019 is eligible for a voluntary
blood test.
Sec. 2(b): The requirements to test drinking
water and provide clean drinking water and a
voluntary blood test applies to past and future
PFAS contamination.
Secs. 3-6 of the bill add effective dates:
Sec. 3: DEC can adopt regulations before the
effective date of the bill, so long as they do
not go into effect before the bill.
Sec. 4: Effective date of Oct. 4, 2021 for the
ban on PFAS-containing foam.
Sec. 5: Immediate effective date for the
applicability and transition language in Sec. 2
& 3.
Sec. 6: The rest of the bill takes effect Jan.
2, 2022.
4:21:06 PM
SENATOR STEVENS mentioned the PFSAS contamination in
Yakutat and asked how widespread PFAS contamination is in
Alaska and if any alternatives were available.
4:21:37 PM
SENATOR KIEHL answered the contamination is very widespread. The
federal government has required every airport that lands jets to
have these fire-fighting foams on hand. Fortunately, not all of
these airports have a source of drinking water nearby, but the
airports in Yakutat, Gustavus, Dillingham and some others
certainly are affected. He noted that the legislature several
years ago funded DEC to conduct tests in certain areas. He said
he believes the department will find significant additional
areas of contamination.
As to alternatives, he said much of the European Union requires
fluorine-free foams for firefighting and there is a great deal
of research on new alternatives being done in the U.S. He noted
that the Alaska state fire marshal is training and staying
abreast of developing technologies, some of which are very
promising.
SENATOR STEVENS observed that Alaska was not yet in the position
to require an alternative such as fluorine-free foams.
SENATOR KIEHL replied it is important to know that, because
there are highly effective alternatives, the Federal Aviation
Administration (FAA) is ending its requirement for PFAS foams to
be kept on site at airports. He added that his office worked
with the Alaska Oil and Gas Association (AOGA) in particular to
carve out an exception for the oil and gas industry in Alaska
until there is a viable alternative.
4:24:26 PM
CHAIR REVAK announced invited testimony.
4:24:45 PM
KELLY MCLAUGLIN, advocate, Gustavus PFAS Action Coalition,
Gustavus, Alaska, stated she first became aware of PFAS in
August 2018 when DEC notified her that the water at the Gustavus
School and several wells near the airport were contaminated with
PFAS. Her subsequent research revealed that PFAS are a very
large and widespread group of toxic chemicals about which there
is insufficient information and protection. The water from her
well is unsafe for humans or animals to drink or use and it is
unsafe on the garden; the water at the school is similarly
unsafe.
MS. MCLAUGLIN described SB 121 as a step in the right direction
to protect the health of Alaskans. The bill is about protecting
water but ultimately the wild places where Alaskans live and
hunt and harvest need protection from these toxic chemicals.
They do not break down and remediation is difficult. She pointed
out that taking action to eliminate the use of PFAS chemicals
will save the state money in the future. She noted that many
states are more proactive in regulating PFAS as a class and
capping levels at about 20 parts per million.
MS. MCLAUGLIN reported that the Gustavus PFAS Action Coalition
has worked with Indiana University and the Alaska Community
Action on Toxics (ACAT) and learned there is a direct
correlation between PFAS levels in the water and PFAS levels in
the blood of those whose water source has been affected. She
concluded that SB 121 offers the opportunity to remedy what she
calls mass poisoning of Alaskans.
4:29:42 PM
JOHN KENNISH, PhD, Alaska Community Action on Toxics, Anchorage,
Alaska, stated he is a retired chemist who taught chemistry for
36 years. He was asked to represent ACAT in this hearing because
of his research at the Oregon Health Sciences Center on specific
flame retardants used on children's pajamas called halogenated
hydrocarbons. These compounds produce free radicals when they
start to burn that react with oxygen radicals that are present
and stop the fire "nearly in its tracks." In this application
they are extremely effective. The problem is they have a lot of
toxicity. He explained that in this context, toxicity has to do
with the response in the human body to the chemicals. They
affect the genetic composition of the body as well as the immune
system, the result of which is extreme health issues.
DR. KENNISH lauded the caliber of SB 121 and stressed the
importance of applying it to help the average Alaskan in terms
of exposure and the quality of water they drink.
4:32:23 PM
SENATOR STEVENS asked Dr. Kennish if he agreed with Ms.
McLaughlin's comment that this is a step in the right direction.
DR. KENNISH answered yes it is the best statement at this time.
He added that it is unfortunate, but these problems are long-
lived, and it will likely take years to find an appropriate
solution to the chemical structure in replacement retardants.
Speaking as a chemist, he said it is ridiculous that states have
to deal with an issue that the federal government and the
manufacturers should have addressed years ago.
4:33:34 PM
CHAIR REVAK asked at what concentration these chemicals become
toxic to humans.
DR. KENNISH answered the human cellular response to these
materials is at extremely low concentrations, which is why
decontamination efforts are so difficult.
4:35:17 PM
CHAIR REVAK found no further questions or comments and announced
he would hold SB 121 in committee for further consideration.