Legislature(2021 - 2022)BUTROVICH 205
02/16/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB121 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 121 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 121-PFAS USE & REMEDIATION; FIRE/WATER SAFETY
3:35:20 PM
CHAIR REVAK 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."
3:36:11 PM
SENATOR JESSE KIEHL, speaking as sponsor, stated that SB 121 is
the first step in dealing with the problem of perfluoroalkyl and
polyfluoroalkyl substances (PFAS) in Alaska. PFAS are a class of
chemicals that includes thousands of chemicals in the class. SB
121 deals with the chemicals that have the best and most
thorough science showing the chemicals are a threat to one's
health. The seven chemicals listed in the bill have any number
of adverse health effects and can affect any number of systems.
The chemicals are closely associated with low birth weight,
thyroid disease, cancer, etc. The chemicals are present in a
number of items, but SB 121 is particularly concerned with the
presence of PFAS in Alaskans' drinking water. This happens, by
and large, using firefighting foams with PFAS chemicals. One
reason PFAS chemicals are great for fighting fires is that the
compounds do not break down when sprayed in the environment.
Heat, light, and all kinds of elements that would break down
most items, don't affect PFAS chemicals. Unfortunately, that
means the chemicals stick around. Firefighting foam is tested at
airports which the federal government has required for many
years. The chemicals get into the water supply and make their
way down gradient when the chemicals run off the runway. PFAS
chemicals have now polluted many Alaskan wells.
SENATOR KIEHL stated that this bill picks up where the
Department of Environmental Conservation (DEC) left off. At the
beginning of 2019, the department had a process underway to list
60 PFAS chemicals; that process has ground to a halt. SB 121
picks up the work based on a tremendous review of available
scientific literature from Michigan. It lists seven chemicals at
levels that are known to be toxic to human health. As the
science has gone on since then, more chemicals are coming to the
attention of medical science. There is more cause for concern.
This bill sets a baseline; nothing in it stops the department
from establishing protective standards as more data becomes
available about PFAS chemicals.
SENATOR KIEHL said, most importantly, SB 121 keeps Alaska's
existing structure from cleaning up toxic chemicals. The
polluter pays; this is the baseline applied to everything. SB
121 will not change that the polluter is responsible for
cleanup. The bill provides blood tests to first responders
exposed to PFAS or people who have PFAS polluted drinking water,
so exposed individuals have a chance to know the chemical levels
in their blood. Importantly, in most cases, it ends any spraying
of PFAS firefighting foams. The only exceptions are the oil and
gas industry and the United States military, which the state
does not regulate. The United States military is in the process
of moving away from PFAS foams. Specific to the oil and gas
industry, the bill puts the authority in the hands of the state
fire marshal because of the tremendous fire risks associated
with tanker terminals or pump stations. As soon as there are
non-PFAS-containing foams that function as well as PFAS-
containing foams, the fire marshal can begin a regulation
process with full public notice and involvement to require those
installations to switch over.
SENATOR KIEHL stated that it is worth bringing the committee's
attention to a few other small provisions in SB 121. The bill
proposes a take-back provision, allowing the state to take back
up to 25 gallons per year. Think about the state's very small,
rural fire departments and volunteer departments in almost every
case. The state has provided some basic firefighting equipment
to them, for instance, code red carts holding a canister of PFAS
firefighting foam in case it is needed to fight a fire at the
tank farm. It is important that small, under-resourced
departments are not responsible for the cost of disposing of
hazardous materials; the state would take those back.
SENATOR KIEHL said that SB 121 provides for a heightened level
of scrutiny in the course of cleaning up PFAS contamination. A
form of cleanup uses thermal remediation. The bill does not ban
this, but SB 121 would ensure a new band of downwinders is not
established by driving PFAS chemicals into the air only to rain
down on the next community.
SENATOR KIEHL stated that PFAS is here. It is all over the
place. A federal requirement for airports was PFAS foam testing
in the environment, which has now seeped into drinking water.
There are costs; there will be costs. SB 121 takes a balanced
approach to stop future contamination. The bill would also
ensure those with PFAS poisoned drinking water get a source of
clean drinking water.
3:43:30 PM
SENATOR STEVENS asked who the polluters were responsible for
paying.
SENATOR KIEHL answered that the vast majority of the time, the
sprayer was the Department of Transportation and Public
Facilities (DOTPF), Airport Section. Federal rules required
testing of PFAS foams in the environment on airport runways. He
did not want to blame the department because it was required. He
said that it is a little painful, but that is the structure
under state law.
Foam was also used in the environment at pipeline pump stations
to verify firefighting equipment worked, the federal government
generally required this. Firefighters also used foam in the
environment to extinguish actual fires. SB 121 addresses
firefighter liability, protecting firefighters who had no choice
but to use these foams. There are a few others, but this is the
bulk of it.
SENATOR STEVENS asked whether PFAS has been replaced by a more
effective substance that does not contaminate drinking water.
SENATOR KIEHL answered that a list of alternatives containing no
PFAS chemicals is rapidly developing. Some of the world's
largest airports use no PFAS chemicals. For instance, London
Heathrow does not use PFAS in its firefighting foams.
3:45:42 PM
SENATOR VON IMHOF asked what the alternatives to PFAS foams are.
She asked whether the current code red containers the state uses
will need to be replaced by new equipment to use the alternative
foams.
SENATOR KIEHL answered that the technology is developing
rapidly. A huge amount of research and development is
transpiring. Airports, oil and gas facilities, and a lot of
other places need firefighting foam. The private sector is doing
all it can to replace PFAS foams. Facility by facility and
product by product, whether they can use existing hardware with
new foams will depend.
3:46:57 PM
SENATOR VON IMHOF inquired about a transition plan from PFAS
foam to clean foam, the timeframe, cost, and how many
organizations are currently using clean foam.
SENATOR KIEHL stated that this transition has begun all over the
world. The United States Congress has forbidden the Federal
Aviation Administration (FAA) from requiring PFAS foams any
longer. He expressed his understanding that the FAA has missed
its Congressional deadline to change its regulations.
Replacements foams are available and in use in many, many
places. He will send additional details to the committee. He
said that today's speakers could speak to new foams on the
market. A number of fire departments have already gotten away
from PFAS foams.
3:48:23 PM
SENATOR STEVENS asked what is being done to help communities
like Yakutat and how long it will take for groundwater to
normalize.
SENATOR KIEHL stated that this bill sets standards for drinking
water, either by cleaning up a PFAS spill to a safe consumption
level or brought in from another source. By and large, in
Alaska, the state supplies water from another source. A few
places have installed expensive filters, which are costly to
install and maintain. DOTPF, Airport Section, has supplied water
trucks in a few places. In the Interior, federal funds have
extended municipal water lines long distances that otherwise
would not have made sense to expand so that people could have
clean drinking water.
SB 121 does not set a cleanup standard. The technology for
cleaning up PFAS is nascent; it is in its beginnings. This bill
proposes to prevent new PFAS discharges and establish a standard
that, if unmet, no one would have to drink the water.
SENATOR STEVENS sought confirmation that SB 121 proposes to
prevent further PFAS discharges, and it does not propose
cleaning up discharges. The bill also proposes the polluter
provide drinking water to communities whose water fails to meet
a safety standard for consumption.
SENATOR KIEHL answered that is correct.
3:50:48 PM
SENATOR REVAK asked Senator Kiehl to walk through an abbreviated
sectional analysis of the bill.
3:51:04 PM
KATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the following sectional
analysis for SB 121:
[Original Punctuation Provided.]
SB 121: PFAS in Drinking Water
Sectional ver. A
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.
3:53:18 PM
CHAIR REVAK stated that public testimony would follow Dr.
Birnbaum's PFAS presentation. He reminded testifiers to limit
remarks to two minutes as many people are waiting online to
offer public testimony.
CHAIR REVAK introduced Dr. Birnbaum and invited her to begin a
presentation on PFAS.
3:54:48 PM
[Audio difficulties during Dr. Birnbaums testimony.]
LINDA BIRNBAUM, Ph.D., Scholar in Residence, Duke University;
Scientist Emeritus and Former Director of National Institute of
Environmental Health Sciences (NIEHS) and National Toxicology
Program (NTP), Durham, North Carolina, briefly reviewed the
science of PFAS. SB 121 focuses on a limited number of
compounds; however, there are over 12,000 different PFAS known
as "forever chemicals." It is important to note that PFAS are
present in consumer products and have over 200 uses. She
presented a slideshow titled The Challenge of > 12,000 PFAS:
[Original punctuation provided.]
DR. BIRNBAUM advanced to slide 2:
How are we exposed?
? Diverse group of chemical compounds used in industry
and consumer products worldwide since 1950s
? Contaminant in Drinking water
? Found in various products:
? Carpet and Fabric
? Food Packaging and Food
? Pots and Pans
? Clothing
? Cardboard packaging
? Firefighting foams (AFFF)
Cosmetics
Ingestion (Drinking Water, Food, Dust), Inhalation,
Dermal
(>200 Use Categories [Gl?ge et al., Environ Sci:
Processes&Impacts 2020])
DR. BIRNBAUM advanced to slide 3, PFAS: Multi-System Toxicants.
The slide illustrated that PFAS are linked to adversely
affecting different areas of the body: thyroid, immune system,
liver, pancreas, kidney, cancer cells, reproductive organs, and
neurodevelopment.
(Modified from ATSDR, 2018)
DR. BIRNBAUM emphasized that PFAS chemicals do not just affect
one set of one species. PFAS affects almost every system she has
studied and organ system, including exposure in utero and in
life. Many cancers, such as kidney and testicular, and other
medical conditions like low birth rates and diabetes, to name a
few, have been tied to PFAS. PFAS can affect the reproductive
system, especially in developing males and females. These
chemicals affect system development. For example, multiple
studies indicated that the mammary glands of nursing mothers
affected with high levels of PFAS stop nursing their babies
sooner. Epidemiologist studies show that essentially every
affect identified exhibits similar results on experimental
animals as well.
3:58:18 PM
DR. BIRNBAUM advanced to slide 4:
EPA's PFAS Strategic Roadmap
(October 18, 2021):
? PFAS Contamination poses unique challenges
? Lifecycle Approach; Get Upstream of the Problem;
Hold Polluters Accountable: Ensure Science-based
Decision Making; Prioritize Protection of
Disadvantaged Communities
? Strategic Roadmap Goals
? Research/Restrict/Remediate
? Next Steps
? Work with ALL stakeholders
? Initiate National Engagement and partnerships
? Stakeholder Listening Sessions
? Harness the collective resources and authorities
across federal, tribal, state, and local
governments - ? meaningful action
Initiate Testing Strategy involving 24 PFAS
categories
(USGS: Integrated Science for the Study of PFAS in the
Environment: A Strategic Science Vision (2021))
DR. BIRNBAUM informed members that all the strategic goals will
take years to accomplish.
3:59:46 PM
DR. BIRNBAUM reviewed a chart on slide 5 which depicted recent
U.S. state and federal drinking water guidelines for PFAS. She
emphasized many state guidelines are moving ahead of the federal
government. As more is learned about these chemicals, multiple
state advisory levels continue on a downward trajectory.
(Post GB. Recent US State and Federal Drinking Water Guidelines
for Per- and Polyfluoroalkyl Substances. Environ. Toxicol. Chem.
2021;40:560563. DOI: 10.1002 /etc.4863)
4:00:03 PM
DR. BIRNBAUM advanced to slide 6:
New EPA/OW Risk Assessments for 5 PFAS
PFAS Compound Chronic RfD Drinking Water
(mg/kg-day) (ppt)*
PFOS 0.0000000079 ~1
(Proposed 2021)
PFOA 0.0000000015 ~0.2
(Proposed 2021)**
PFOA/PFOS 0.0002 70
(2016***)
GenX (2021) 0.000003 420
PFBS (2021) 0.00003 4200
PFBA 0.01 14000000
(Proposed 2021)
*Assume 70 kg adult drinks 2 liters of water/day
**MCLG = 0 based on cancer
***Lifetime Health Advisory for the SPFOA+PFOS
4:01:04 PM
SENATOR STEVENS asked whether PFAS exists in nature or whether
it is a manufactured chemical and, if so, who manufactures it.
[The following recorded testimony of Dr. Birnbaum is slightly
defective due to a poor audio/video connection.]
DR. BIRNBAUM replied that PFAS are not naturally occurring; they
are all products of industrial activity. She gave a brief
synopsis of PFAS history. 3M began manufacturing essentially all
PFAS, especially PFOA and PFOS, in the 1950s. DuPont purchased
these PFAS compounds for use in various consumer products, and
when 3M stopped making PFOS and PFOA in 2002, DuPont began
manufacturing PFOA itself. By 2013, significant amounts of data
indicated PFAS compounds were severely detrimental to human
consumption and the environment. In response to this data, about
eight companies voluntarily stopped making PFOAs, and the
companies switched to manufacturing new types of PFAS compounds,
none of which had toxicity data available. Currently, as data
becomes available, the new types of PFAS compounds are proving
equally environmentally resistant, they are not going to go
away, and many of the new compounds share the same types of
toxicity as PFOA and PFOS.
4:02:53 PM
CHAIR REVAK thanked Dr. Birnbaum for the presentation and opened
public testimony on SB 121.
4:03:44 PM
JON ERICKSON, Manager, City and Borough of Yakutat, Yakutat,
Alaska, testified in support of SB 121. He has been the city and
borough manager for about eight years. He did not know what PFAS
was when he became aware of them about 5 1/2 years ago, but he
has since become quite an expert on the subject. Yakutat
previously had six hot wells, but after requirements changed,
the city now has two wells that consistently test as hot. These
two wells service Yakutat's restaurant and hotel and contribute
10-15 percent of Yakutat's sales tax revenue. The Department of
Transportation and Public Facilities (DOTPF) brings bottled
water by the case so that these two establishments can provide
consumables made with clean water. He noted that PFAS is a
contact chemical and he did not know how hotel guests took
showers.
MR. ERICKSON commented that he testified two years ago on this
subject, stating that he independently tested the city's well
for 17 PFAS compounds, of which there were none. The city well
is approximately two miles uphill from the contaminated wells.
When drilling a new well too close to the contaminated site, the
problem of PFAS spread might occur. A water line from the good
well could be extended about 2 1/2 to 3 miles and connected to
the restaurant and hotel to avoid this problem. Yakutat just
received a $1.2 million grant to upgrade the water system. He
suggested extending the water line to solve the water problem.
As a side note, the city does not have a solution for cleaning
up PFAS-contaminated soil.
CHAIR REVAK reminded testifiers that written testimony is
welcome and can be submitted to sres@akleg.gov or directly to
his office.
4:08:11 PM
PATRICE LEE, Representing Self, Fairbanks, Alaska, testified in
support of SB 121. She is concerned about the five PFAS
compounds known to be in the Fairbanks public water supply, as
reported by the Golden Heart Utilities annual report. Whether
PFAS levels are high or low is unknown because standards have
not been established. She asked that the legislature helps with
setting standards, among other things. Thousands of private and
public wells are contaminated in the Fairbanks NorthStar Borough
(FNSB) and throughout the state; they directly threaten to the
health and safety of all who drink, cook, bathe, make baby
formula, and recreate. Animals drink the water and are affected
too. In addition to the poor wintertime air quality, FNSB now
has the heavy burden of air, water, and soil contamination. The
documentation of PFAS contamination in the borough and their
harmful effects on Alaskans is mounting. Fifty-five thousand
gallons of PFAS waste were improperly disposed of in the Rolling
Stone gravel pit as documented by the Department of
Environmental Conservation (DEC). The time for action is now.
PFAS compounds and foams need to be outlawed and drinking water
standards set. This is an important first step. She expressed
interest in knowing who would be the first to drink from a five-
gallon bucket of PFAS contaminated water. She reminded everyone
listening of the Golden Rule. She stated that Piledriver Slough,
once her favorite, picture-perfect place to fish with her
children, is now PFAS-contaminated and unsafe, probably for the
rest of her life. She expressed concern about the lakes around
Eielson Air Force Base, plumes of PFAS, and the lack of
enforcement against violators. She beseeched members to make
some progress in protecting the health and safety of Alaskans.
4:11:08 PM
JOE LALLY, Director of Programs, Prince Williams Sound Regional
Citizens' Advisory Council (RCAC), Valdez, Alaska, testified in
support of SB 121. He has served on the council for four years
and is currently the council's program director. The scope of
RCAC's mission has a relatively narrow focus, so the council's
interest in SB 121 is limited to the Aqueous Film Forming Foam
(AFFF) stored at the Valdez Marine Terminal and on some of the
related vessels to suppress fires. AFFF contains PFAS known for
their persistence in the environment and harmful effects on
people and animals. Any release of AFFF could contaminate
drinking water and state waters including Prince William Sound.
With this in mind, Prince William Sound RCAC also submitted
written testimony for consideration during today's hearing.
Prince William Sound RCAC supports the proposed language on
pages 3 and 4 of SB 121, work order 32-LS0001G, empowering the
Alaska State Fire Marshal to restrict the use of firefighting
substances containing PFAS if the fire marshal determines an
alternative non-PFAS substance is available. Such a
determination depends on the approval of an alternative
firefighting substance by the Federal Occupational Safety and
Health Administration.
A secondary matter of concern that the passage of SB 121 could
mitigate stems from the $900,425,000 oil and hazardous substance
release prevention and response fund used to respond to releases
of PFAS statewide. It is proper for the state to respond and
deal with such hazardous substance releases; statutes allow DEC
to use the response fund to assess PFAS releases that pose an
imminent and substantial threat to the public health, welfare,
or environment. However, the fund was never intended to pay all
the long-term remediation costs after the initial emergency had
passed. A danger of using the response fund for long-term PFAS
remediation is that every dollar spent on such activity reduces
the amount available for a swift response to an oil spill or
other hazardous substance release disaster. The overarching
purpose of the fund is to allow for a speedy and full response
to an acute disaster such as an oil spill. However, using the
fund for long-term PFAS remediation could easily drain the fund
to zero. It could result in the state being less able to respond
immediately to an oil spill or chemical release.
4:14:07 PM
PATTI SAUNDERS, Representing Self, Anchorage, Alaska, testified
in support of SB 121. She has devoted her life since young
adulthood to issues of pollution and toxic chemicals. She
expressed grave concern about PFAS which are by far the most
alarming compounds due to their combination of persistence,
bioaccumulation, and non-degradation qualities. They do not
break down in nature, nor has science figured out how to break
the bond between the carbon and the fluorine molecules. Couple
that with the fact that PFAS are extremely toxic at extremely
low levels. She recalled that toxic chemicals used to be
referred to in parts per million. However, PFAS toxicity levels
are referred to in less than one part per trillion, so there
really are no safe PFAS levels. She expressed her appreciation
that the state is addressing this serious problem, because the
state can act more quickly than the federal government. She
beseeched members to act as quickly as possible because every
day there is more pollution, more harm to humans, animals, and
the environment. The damage is difficult to undo. PFAS are hard
to recapture once in the environment. Once PFAS is in one's
body, there is no known way to remove it. The number one thing
that can be done is prevention, follow the science and ban it.
If there has to be a phase-out schedule, it should be the
fastest schedule possible and not a schedule based on
convenience.
CHAIR REVAK reiterated that testifiers are welcome to submit
additional comments in writing to sres@akleg.gov.
4:17:56 PM
KELLY MCLAUGHLIN, Chair, Gustavus PFAS Action Coalition (GPAC),
Gustavus, Alaska, testified the coalition supports SB 121.
Though GPAC has worked towards awareness and remediation of
PFAS, Gustavus is still consuming contaminated water, just like
other locations across Alaska. While PFAS-contaminated water is
not an isolated problem unique to Alaskans, the problem is
manifestly noticeable. Alaska is a land of abundance and purity;
she clarified that it is perceived purity. Alaskans are healthy,
robust people, and the last thing on an Alaskan's mind when
enjoying the outdoors or hunting, is PFAS contamination.
Unfortunately, PFAS contamination is in the environment and
found in wild game, like moose liver and bear meat. The problem
bio-magnifies, meaning the higher up the food chain, the more
dramatic the contamination.
MS. MCLAUGHLIN said that Gustavus organized a blood draw to test
affected community members. Results indicated a direct
correlation between drinking water contamination and body
burdens of PFAS. A subsequent data analysis compared personal
body burdens of PFAS and personal health history with overall
health. Results led to positive correlations, meaning the higher
the burden of PFAS, the worse the subject's health. A chemical
company representative testified before the committee, stating
there was insufficient data to warrant the blood test in this
bill. She interpreted the representative to mean that as long as
the data is nonexistent, it is harder to hold culpable parties
accountable for their actions. Affected Alaskans need to know
the extent to which they are contaminated, not only for peace of
mind but to inform a larger set of data that will help determine
at what level PFAS is likely to cause disease.
MS. MCLAUGHLIN said that PFAS is not going away. It is a forever
chemical; however, personal blood tests showed that decreasing
exposure to the main contaminate source, water in this case, can
substantially lower the body's burden. She illustrated the
point, stating that her blood serum test went from 10,000 to
7,000 parts per trillion just one year after eliminating
contaminated water. Clean water for all Alaskans is a natural,
God-given right, and it must be protected.
4:21:06 PM
SARA MASSMANN, Legislative Committee Co-Chair, Alaska Nurses
Association, Ketchikan, Alaska, testified the association
supports SB 121. She is an intensive care unit nurse at a
hospital in Ketchikan. Nurses are proponents of public health
initiatives. PFAS chemicals are highly toxic and are linked to
multiple harmful health effects, including immune suppression,
increased risk of high blood pressure, and increased risk of
thyroid disease. PFAS chemicals can also reduce the
effectiveness of certain vaccines. The association supports
following a science-based model enacted in states such as Maine
and Massachusetts. Health care resources were stretched thin in
different areas throughout the state prior to the COVID
pandemic. The association supports passage of SB 121 to help
prevent the harmful effects of PFAS chemicals. The state needs
to work together to decrease the use of Alaska's precious health
care resources when an opportunity presents itself.
4:22:35 PM
GREG STREVELER, representing self, Gustavus, Alaska, testified
in support of SB 121. He has been involved with the issue of
PFAS for quite a long time. The issue is a big deal in Gustavus
as it is in many places. He thanked Senator Kiehl, who has done
very well by Gustavus in this bill and in many other ways.
MR. STREVELER focused on two issues:
1. He reiterated Dr. Birnbaum's previous comments about the
downward trend of PFAS safety levels. SB 121 should require the
adoption of different standards and consider the wide range of
PFAS variants when establishing standards. It is important that
the bill retain timely agency review language.
2. SB 121 is a first step. Gustavus has hundreds of contaminated
acres and hundreds of contaminated wells just sitting. The best
that can be done is to keep them from getting worse. He asked
that intent language be added to the bill, explicitly stating
that the legislature will address the issue of remediation when
viable methods to do so are fully developed. Eventually the
state must circle back around to the issue of remediation.
4:24:45 PM
ANNA GODDUHN, representing self, Fairbanks, Alaska, testified in
support of SB 121. She has lived in Fairbanks for 30 years. She
stated that although she lives in a PFAS plume-free area, she
has friends living across the Chena from the airport where the
wells are mostly below 65 parts per trillion. While this may
sound great, it is disconcerting that health impacts occur at
this level. She agreed with testifiers who said it is the
state's responsibility to protect vulnerable citizens, in
particular children during development. One unmentioned,
dangerous aspect of PFAS chemicals is the way they affect the
hormonal activity of children. Contamination is measured in
parts per trillion, because hormones are active in the single-
digit parts per trillion. As it concerns hormones, the
discussions between 700, 70 and 20 parts per trillion are too
high. She expressed hope that Alaska will meet with other states
whose safety levels require fewer parts per trillion than the
EPA's 70; 70 parts per trillion is not low enough. SB 121 is
great legislation and she expressed gratitude for getting
started but agreed with other testifiers that SB 121 could use
improvement. She recommended the state ban incineration of PFAS
contaminants as it affects polar bears and Inuit babies who
already have enough forever chemicals in their blood. The state
needs to figure out better methods than incineration, and in the
meantime, store PFAS safely. The federal government is failing,
so she expressed appreciation to the committee for taking up SB
121, working on it, and doing the best they could to protect
citizens.
4:27:22 PM
PAMELA MILLER, Senior Scientist and Executive Director, Alaska
Community Action on Toxics (ACAT), Anchorage, Alaska, testified
in support of SB 121. ACAT is a statewide environmental health
research and advocacy organization. A written statement was
submitted, so this statement is shortened in the interest of
time. Actions to address PFAS contamination in Alaska are long
overdue. The safety of drinking water and the health of
thousands of people throughout the state are threatened or
already harmed by PFAS contamination. Inaction will only
perpetuate harm and cause liability costs to increase
exponentially. Question the cost of inaction on the state's
health, fish, and wildlife in future generations. To Senator
Stevens' earlier point, federal infrastructure legislation
contains substantial funding, nearly $10 billion, toward
addressing PFAS contamination. Senator Kiehl pointed out there
are major airports using safe, effective alternative PFAS
firefighting foams, as well as military installations and oil
and gas facilities all over the world. Firefighters face
occupational health and safety issues with PFAS. Cancers are the
leading cause of death among firefighters and firefighters are
leading efforts to replace PFAS with safe alternatives. Although
SB 121 does not accomplish everything ACAT would like to see in
comprehensive PFAS legislation, this bill is a step in the right
direction. ACAT calls upon state legislators to support and pass
this legislation this session. Alaskans should not be left
behind while other states take the lead enacting more
substantial protective health legislation.
4:29:46 PM
DAVID BERREY, Coordinator, Wake-Up Alaskans to the Toxic
Environmental Reality (WATER), Fairbanks, Alaska, testified in
support of SB 121. He asked committee members to think back to
2015. Members of the community were notified they had been
drinking hazardous water from their wells. Since that time, the
affected community has tried:
- to get testing,
- to alert the legislature as to the dangers of PFAS chemicals,
and
- to get reasonable PFAS safety standards established.
MR. BERREY counted the years 2016, 2017, 2018, 2019, asking
rhetorically whether committee members knew why he was counting
the years. He emphasized that it has been 7 1/2 years that those
with contaminated wells have gone without protection or testing.
A lot of neighbors have died from cancer. It is unknown if the
cause was PFAS or PFOA. The cause will never be known because
there was never any testing. Community members with contaminated
wells have never been given clean water and have had to purchase
their own. He likened the treatment to second class citizens of
a third world country. Now is the time to pass SB 121; it has
been far too long. The legislature needs to do something and do
it now. Contamination will continue to occur because there are
no penalties to deter it. He questioned why the State of Alaska
does not go after the chemical companies, especially since those
companies knew what they were doing was wrong.
4:32:05 PM
JOHN KENNISH, Representing Self, Anchorage, Alaska, testified in
support of SB 121. He stated that the impact of PFAS chemicals
is damaging to the human population. He expressed hope that the
legislature seriously and actively pushes SB 121 through the
legislative process, so that people could have an evaluation of
their exposure levels. He offered assurance, as a professor at
the University of Alaska Anchorage with over 50 years'
experience as a chemist, most of these chemicals are detrimental
in terms of human exposures. PFAS compounds impact hormonal
regulation and are all typically catastrophic with regards to
human health.
MR. KENNISH expressed hope that the committee recognizes the key
issue, which is providing support to people who have been
unwittingly exposed to these chemicals and providing the option
for evaluation after exposure.
4:33:54 PM
TRISTAN GLOWA, Representing Self, Fairbanks, Alaska, testified
in support of SB 121. He expressed gratitude to the committee
for considering the bill. The protections in SB 121 are overdue
considering how long the issue has been present in Alaska. Also,
according to PFAS data he has read, protections in the bill
should be stronger to be scientifically valid. It is an issue
that affects the whole community. He would like to live in the
Interior and raise children. However, the constant worry about
the long-term health effects of living somewhere with unreliably
safe air and water, factor into the decision. Similar concerns
hold true for young people with whom he converses in Fairbanks,
and other areas of the state.
MR. GLOWA said the housing market in Fairbanks is not good. A
lot of people get pushed out to North Pole where there is both
PFAS and sulfolane; some are unaware of the contaminates until
after they have moved. It is unacceptable to expose children to
risks that can cause cancer or permanently damage an immune
system. These problems are hurting the potential future of the
community. Alaskans deserve better. He expressed appreciation
for all aspects of the legislation, especially the enforceable
drinking water standards and the 'polluter pays' principle. The
legislation could be improved by considering PFAS chemicals as a
class rather than focusing on individual chemicals. Other states
have lower maximum PFAS contaminate levels.
CHAIR REVAK interrupted Mr. Glowa, stating there is a two-minute
time limit for public testimony.
MR. GLOWA made two final points. Alaska should ban incineration
of PFAS waste, and the oil and gas industry should not be exempt
from the phase-out of firefighting foams.
4:36:53 PM
LYNETTE PHAM, Representing Self, Fairbanks, Alaska, testified in
support of SB 121. This bill is a step forward in the right
direction. PFAS chemicals are contaminating the drinking water
of thousands of Alaskans from the North Slope to Southeast
Alaska. Testimony shared today has informed the committee about
what low exposure to PFAS chemicals does. Alaskans should not
have to demand safe drinking water; it is a fundamental human
right. The legislature must pass more comprehensive PFAS
measures founded on science-based models like those enacted in
Maine and Massachusetts. Many experts, like those here today,
testified about PFAS chemicals and their harmful effects.
Information about PFAS abounds. Allowing PFAS chemicals to harm
community members is and has been an act of severe neglect.
Allowing it to continue is perpetuating harm. Alaska is home and
she will always advocate to protect Alaska, its people, and its
stewards. She encouraged legislators to persuade their peers to
pass SB 121 with even stronger amendments to ensure safe
drinking water in Alaska, thus protecting the health of
Alaskans.
4:38:52 PM
SIQINIQ MAUPIN, Director, Sovereign Inupiat for a Living Arctic
(SILA), North Pole, Alaska, testified in support of SB 121,
stating this bill is long overdue. She attended the Geneva,
Switzerland Conference of the Parties (COP) to wipe out PFAS in
2018. The United States was one of the only developed countries
that was not ratified. The United States is severely behind
every other country, even counties that Americans perceive as
less developed are far more advanced in eliminating and
transitioning out of PFAS usage. She realized in 2018 that her
father, a foreman in Fairbanks, had developed cancer from on-
the-job exposure to PFAS. She is publicly addressing and
spreading awareness to this issue through SILA, and it is also
an issue that is personal. She knew a firefighter in Fairbanks
who worked on the base and developed testicular cancer. This is
very common among those exposed to PFAS.
MS. MAUPIN stated that she lives in North Pole because the price
of homes was cheaper. She later learned the price was cheaper
because the property had been exposed to chemicals and that the
home's well water was contaminated. She expressed distress that
she and her children will develop cancer. She questioned whether
the secure, more stable housing in North Pole was worth risking
her family's health. She urged the committee to make SB 121
stronger and not to throw away low income and rural families,
and indigenous peoples. Indigenous peoples will be here, left
with contaminated water when all development and money are gone.
This is environmental racism. SB 121 needs to be pushed through
and it will speak volumes if it fails to pass.
4:41:33 PM
GARRISON COLLETTE, Representing Self, Fairbanks, Alaska, stated
that he received a chemistry degree from UAF in 2006 so he
understood the subject matter, and thus supports SB 121. He did
not realize PFAS was in Fairbank's drinking water until today.
He gets his water from the Golden Heart Utilities' water wagon
and just pulled up the utilities' water quality test results.
The report indicated these chemicals were in Fairbank's water:
perfluorohexane sulfonate acid (PFHxS), perfluorohexanoic acid
(PFHxA), perfluorooctane sulfonate (PFOS), perfluorooctanoic
acid (PFOA). Although the PFAS levels in the glass of drinking
water before him are below those suggested in the bill, he is
thinking twice about taking another sip. SB 121 appears to be a
strong first step. However, he would like to see the PFOA
minimum safe level lower than 400,000 ppt. PFAS are one of the
very few totally synthetic chemicals; the naturally occurring
hydrogen in hydrocarbons is replaced by fluorine. Unfortunately,
incineration is the only thing that can be done with it. SB 121
takes the right approach, focusing on preventing it from getting
into the environment.
CHAIR REVAK reminded testifiers about the strict two-minute time
limit and that public testimony may be submitted in writing to
sres@akleg.gov.
4:44:21 PM
JACKIE BOYER, Campaign and Policy Director, Native Peoples
Action (NPA), and Native Peoples Action Community Fund,
Anchorage, Alaska, testified that NPA supports SB 121. Part of
NPA's focus is on the health and wellness of indigenous people
and communities, spiritual wellness, practicing traditional ways
of life of hunting and fishing, individual physical health by
recognizing and acting on disparities that exist, and uplifting
the voices of those most impacted. For those reasons, NPA is
encouraged the committee is taking the time to look into PFAS
contamination. PFAS is harmful, especially when it gets into
drinking water. It puts Alaskans at greater health risks for
thyroid disease, decreased fertility, decreased birth rate,
immune suppression, liver disease, and certain cancers. Studies
show that Alaskan Natives suffer at greater risk for certain
cancers. It is concerning that there are so many confirmed
contaminated sites in Alaska, impacting individuals, families,
babies, children, animals, and fish. More contamination may show
up in the future, and it may compound in individuals previously
exposed. Setting limits on the amount of PFAS in drinking water,
providing clean drinking water, providing blood testing, and
preventing future pollution are all reasonable measures.
4:46:26 PM
SARA THOMAS, Representing Self, Anchorage, Alaska, testified in
support of SB 121. She relayed that the Navy informed the
community about contamination in Imikpuk Lake in 2017. She has
two best friends that have been taking thyroid medication since
they were teens. They drank water directly from Imikpuk Lake; it
was sold directly to the public through the 2000s. She has a lot
of friends and family members who are currently battling cancer.
She has lost a lot of family members and friends to cancer and
rare cancer, cancer that is not so rare up north. PFAS
contamination is all over the United States and world. Chemours,
DuPont and 3M knew how toxic and dangerous these chemicals were
when they made and sold them. The companies set aside billions
of dollars to deal with lawsuits. She urged the passage of SB
121, and to hold those companies accountable for the cleanup.
The cost of clean water is worth whatever it takes.
4:49:35 PM
KATHERINE DU PLESSIS, Representing Self, Anchorage, Alaska,
testified in support of SB 121. She is a biologist and a mother
of a four-year-old. In three days, she will attend the funeral
of an uncle who lost over a yearlong battle to cancer. She said
that four of six uncles died from cancer and all four aunts have
had their uterus removed due to the effects of endocrine
disrupting pollution. PFAS chemicals are endocrine disrupters. A
legislator asked an important question about how the state will
pay for this. Considering the state's tight budget, this is a
very important question. An ounce of prevention is worth a pound
a cure. The state has been talking about this almost ten years.
If the state does not deal with this now, it will cost
exponentially more than it would have cost the day before. She
begged legislators to pass SB 121. Colorado, California, and
Washington have already banned it. Heathrow Airport is not using
it. If they can do it, Alaska can do it. The state needs to do
it now.
4:51:37 PM
CAROLINE WALKER, Representing Self, Juneau, Alaska, testified in
support of SB 121. She and her husband recently purchased a
second home in Gustavus and quickly became deeply invested in
the community. This home is not currently affected with the PFAS
contamination zone, however, after the flood last year they
became concerned about PFAS spread and sought help from GPAC for
the water testing process. As groundwater continues to rise from
flooding every year, their concerns rise about their family's
health and well-being. On behalf of those affected in Gustavus,
she urges the passage of SB 121 as a step forward in protecting
the health of Alaska's residents and visitors.
4:52:44 PM
LESA HOLLEN, Representing Self, Anchorage, Alaska, testified in
support of SB 121, stating she gained awareness from PFAS phone
canvassing in Alaska and it seems like it is working. However,
more information needs to reach the public through media
coverage and education criteria in schools. She spoke with
people in Salcha that have new wells now, but they have serious
health concerns and have lost a lot of family members to cancer.
They pay for costly filter systems. She spoke with people in
Fairbanks who have contaminated publicly supplied water and
wells and are asking for test kits. Everyone asks for cleanup
information. People in Sand Lake and the Elmendorf area have
over 24,000 parts per million and they ask about the passage of
laws to help with health recovery and removal of PFAS. Eielson
Air Force Base has one of the highest levels in the nation at
2,000,000 parts per million; PFAS contamination has spread to
all Moose Lake wells. Right now, the Center for Disease Control
(CDC) and the United States Air Force are petitioning the
Department of Natural Resources to designate the Moose Creek
area as a Critical Water Management Area (CWMA). A CWMA
designation deems groundwater unsafe for all uses and prohibits
insulation in new wells. It has nationwide impact.
MS. HOLLEN said she has a master's degree in neuroscience.
Neurotoxicity is caused by PFAS and it is neuro-accumulative in
the brain. Like Parkinson's disease, it causes lower dopamine
levels and neurons; and gather receptors decrease function,
Nature Magazine. Purdue University's Cannon research says
dopamine is key to movement reward. The state needs to deal with
PFAS, remove it, and get information to the public. Everybody
asks whether they can have children and how to cleanup. She
encouraged the legislature to answer these questions and help
those affected.
4:55:06 PM
MIKE TAYLOR, Mayor, Gustavus, Alaska, testified in support of SB
121 where groundwater contamination problems are significant due
to PFAS near the airport. Committee members heard from Gustavus
community members Kelly McLaughlin, Greg Streveler, and Caroline
Walker. He 100 percent supports their testimonies and applauds
Senator Kiehl for sponsoring this important bill. He is a
retired industrial hygienist but does not claim specific
expertise in PFAS health effects or exposure characterizations.
SB 121 is a vital first step towards setting groundwater and
drinking water contamination limits which need:
- to be based on epidemiological research,
- objective standard setting, and
- to draw on extensive research to identify and assess the human
health effects found to develop from specific exposure limits
or body burdens.
Once it is known what exposure levels or body burdens represent
a significant health effect, meaningful action levels or
exposure limits can be set. Regulatory standards should direct
actions to be triggered by measured sample results that exceed
identified action levels. It is unclear whether sufficient
research is available yet to set reliable, meaningful action
levels. However, provisional action levels could be set based on
the best input from experts, like those who testified at the top
of the hearing. It takes time to go through the regulatory
process. Nevertheless, that should not stop or slow down
applying or mandating proven technology to reduce potential
exposures now. Technologies include groundwater and drinking
water testing, identification and characterization of PFAS
contamination plumes, and plume stop barriers to contain
contamination plumes in groundwater. For drinking water systems,
proven efficient treatments include activated charcoal granule
absorption and reverse osmosis systems. Assistance from federal
and state governments to these ends needs to ramp up. He
applauds banning PFAS containing AFFF as soon as possible. He
applauds the liability exposure limits for municipal fire
departments. Many have used AFFF, as they were trained to do,
with great benefit to the public, but with no knowledge of any
possible liability exposure. It is not productive to bankrupt a
municipality or a small fire department for past use of a
recommended standard product in the service of the public.
4:58:15 PM
JANET NEILSON, Representing Self, Gustavus, Alaska, testified in
support of SB 121. She recently moved to Juneau temporarily for
her children to attend school, but prior to that she was a year-
round resident for over 20 years in Gustavus. Gustavus
contaminated PFAS groundwater and soil are a tragic, everyday
reality. Picking strawberries near the Gustavus airport was a
family activity and it is heartbreaking that the family can
longer do this safely. The once wild and pristine, beloved
community has been forever changed. It is hard to describe what
that feels like to look out on a beautiful landscape and to
realize that invisible toxins are coursing through the water and
soil. It is even more painful knowing that the government at the
federal and state levels have failed Alaskans in regulating
these insidious chemicals. Living in Juneau where clean and
uncontaminated tap water flows freely, it is easy to take safe
drinking water for granted. Many committee members live in
Juneau, Anchorage, and Fairbanks, where the same convenience is
enjoyed. However, thousands of Alaskans in communities like
Gustavus, do not have safe drinking water due to PFAS
contamination. It is time for the state to act on this issue.
The EPA's lifetime health advisory level is 70 parts per
trillion. SB 121 sets lower, enforceable drinking water
standards for PFOA and PFOA and in so doing goes a long way
towards protecting Alaskans. Even so, these proposed drinking
water standards are not low enough. She advocates for the
passage of SB 121 but also urges the committee to review the
current science on PFAS toxicity and make the bill even
stronger. Alaska needs to follow states like Maine and
Massachusetts and amend SB 121 to set a combined maximum
contaminate level of 20 parts per trillion or less for at least
six PFAS compounds. PFOA and PFAS cannot be the state's only
concern. She supports the provisions of the bill that offer
blood testing to residents and responders, including
firefighters. Alaskans have a right to know their exposure
levels. She asked the committee to remove the exemption that
allows the oil and gas industry to continue to use PFAS or even
firefighting foam. There is no need for this exemption when
safe, effective, and economical alternatives are available. She
also urged the committee to amend SB 121 to ban the incineration
of PFAS waste, because it only leads to toxic air and wider
contamination. She urged the committee to consider amending the
bill to make it even more protective and comprehensive.
5:01:47 PM
CHRIS HLADICK, Representing Self, Anchorage, Alaska, testified
in support of SB 121. He served as former city manager, former
commissioner of Department of Commerce, Community and Economic
Development (DCCED), and most recently EPA regional
administrator for Region 10. Having lived this issue for many
years in Seattle, he applauds and supports SB 121. It is good
that the committee is acting, not only for the people of
Gustavus, but for the whole state. It is a good building block
to get started. This will cost money and the mitigation piece
will be difficult as has been heard today from experts. It is
necessary to chip away at it and keep moving. Many people at the
EPA are working very hard to set this mean contaminate level,
which requires toxicologists, epidemiologists, then there is
rulemaking, and it takes longer than people, quite frankly, can
stand. He understands this, especially when people are living in
an apparent nightmare like the people in Gustavus are
experiencing.
5:03:12 PM
SENATOR KAWASAKI mentioned the Trump administration had talked
about the PFAS issue and it seemed positive. He asked Mr.
Hladick to share a little about PFAS discussions under EPA
Administrator Andrew Wheeler.
MR. HLADICK responded that the game plan under the Division of
Water was to through a rule-making process with toxicologists.
He expressed his belief that at the time 17 different types of
PFAs were considered. He has not been the EPA Region 10
Administrator since January 20, 2021, so PFAS types may have
been added since he left. The Biden administration has taken
this issue up and is working hard on it. DEC Commissioner Brune
takes this issue seriously as well. He and Commissioner Brune
worked together, exploring PFAS incineration in Fairbanks which
is not a good disposal option. It only creates additional
problems. It will be very expensive to send PFAS to Oregon in a
55-gallon drum and it will not relieve the state from the
liability of the drum's contents.
5:04:347 PM
CHAIR REVAK closed public testimony on SB 121.
CHAIR REVAK said he was informed that 10 billion PFAS dollars
from the federal government will be distributed by formula to
all 50 states. The state is waiting to hear the amount allocated
to Alaska.
[CHAIR REVAK held SB 121 in committee.]