Legislature(2003 - 2004)

03/04/2003 08:05 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                            
                       STANDING COMMITTEE                                                                                     
                         March 4, 2003                                                                                          
                           8:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Morgan, Chair                                                                                               
Representative Kelly Wolf, Vice Chair                                                                                           
Representative Tom Anderson                                                                                                     
Representative Mike Chenault                                                                                                    
Representative Ralph Samuels                                                                                                    
Representative Sharon Cissna                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Albert Kookesh                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  LOW SULFUR DIESEL FUEL                                                                                               
                                                                                                                                
TAPES                                                                                                                         
                                                                                                                                
03-6, SIDE(S) A & B                                                                                                             
                                                                                                                                
CHAIR CARL  MORGAN convened  the meeting  of the  House Community                                                             
and   Regional   Affairs   Standing  Committee   at   8:05   a.m.                                                               
Representatives  Morgan,  Samuels,   Chenault,  and  Cissna  were                                                               
present at the call to  order.  Representatives Wolf and Anderson                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
SUMMARY OF INFORMATION                                                                                                        
                                                                                                                                
CHAIR MORGAN reminded committee members  that last year the House                                                               
Community and  Regional Affairs  Standing Committee  introduced a                                                               
resolution requesting  that Alaska be given  the most flexibility                                                               
in  the  implementation  of  the  new  diesel  fuel  regulations.                                                               
Unfortunately,  the   resolution  died  in  the   Senate  Finance                                                               
Standing Committee.                                                                                                             
                                                                                                                                
RON  KING,  Program  Manager, Air  Non-Point  &  Mobile  Sources,                                                               
Division  of Air  & Water  Quality,  Department of  Environmental                                                               
Conservation (DEC), began the presentation  which can be found in                                                               
the  committee packet  in the  document labeled  "House Community                                                               
and  Regional   Affairs  Standing  Committee,  New   Diesel  Fuel                                                               
Regulations, February 6, 2003."   He explained that approximately                                                               
a  year ago  DEC submitted  recommendations to  the Environmental                                                               
Protection  Agency  (EPA)  regarding the  implementation  of  the                                                               
ultra-low sulfur diesel plan for  urban Alaska.  Urban Alaska was                                                               
defined as  the contiguous road  system and those major  ports on                                                               
the Alaska Marine Highway.   The recommendation was to follow the                                                               
national plan,  which the  EPA accepted.   Therefore, the  EPA is                                                               
preparing its final rule  pending the department's recommendation                                                               
for rural Alaska.  Mr. King  explained that the EPA established a                                                               
rule  to  reduce  air  pollution   in  order  to  address  health                                                               
concerns.     The   EPA  rule   proposed   lowering  the   sulfur                                                               
particulates from 500  parts per million (ppm) to 15  ppm as well                                                               
as  placing control  equipment on  2007 model  cars, trucks,  and                                                               
buses.  The new fuel and  control systems will achieve 90 percent                                                               
emissions reductions.   He noted that the new  vehicles will have                                                               
to  use  the   new  fuel  or  there  is  a   good  likelihood  of                                                               
catastrophic engine  failure.  Mr.  King reviewed the  impacts of                                                               
air pollution and pointed out  that the estimated health benefits                                                               
of this requirement amount to $70 billion nationally.                                                                           
                                                                                                                                
MR. KING noted  the difficulty in estimating the  cost impacts of                                                               
this rule for  Alaska.  He estimated that the  cost would be $.10                                                               
per  gallon  or   more,  depending  on  the  cost   of  fuel  and                                                               
production.  In  rural Alaska, the fuel costs  are anticipated to                                                               
be higher due  to the distribution challenges.   Furthermore, the                                                               
use  of ultra-low  sulfur diesel  fuel as  home heating  or power                                                               
generation may increase the cost  to the community because of the                                                               
basic increase  in the cost  of the  fuel.  Mr.  King highlighted                                                               
that  the distribution  impacts  for Alaska  are quite  different                                                               
than  those for  the Lower  48.   For  instance, Alaska  requires                                                               
Arctic spec  fuel, which is fuel  that must be able  to be poured                                                               
at  a temperature  of -60  degrees.   Although  use of  ultra-low                                                               
sulfur diesel  fuel isn't expected  to cause any problems  in the                                                               
engines of vehicles  built prior to 2006, there  were some issues                                                               
during  the  change  from  uncontrolled sulfur  to  the  500  ppm                                                               
sulfur.                                                                                                                         
                                                                                                                                
MR. KING  reviewed the options  he saw for rural  Alaska; options                                                               
that  keep  in mind  the  goal  of  minimal  impact.   Since  the                                                               
department requested and received  additional time to provide its                                                               
recommendations, the recommendations aren't  due until June 13th.                                                               
Mr.  King related  that the  department wants  to balance  energy                                                               
costs  with  health  costs.    Although  there  is  a  [lack  of]                                                               
concentration  of  diesel vehicles  in  rural  Alaska, there  are                                                               
other sources  of diesel emissions  such as the  power generators                                                               
in  rural Alaska  that  use the  same  engines in  eighteen-wheel                                                               
trucks.  Therefore,  the department is seeking  funds to identify                                                               
potential health benefits and economic impacts.                                                                                 
                                                                                                                                
TOM  CHAPPLE,   Director,  Division  of  Air   &  Water  Quality,                                                               
Department  of  Environmental  Conservation,  echoed  Mr.  King's                                                               
comments  regarding the  goal of  balancing the  cost and  health                                                               
benefits of this  rule.  Although rural Alaska  is unique because                                                               
it doesn't have  a large number of vehicles, the  new vehicles in                                                               
Alaska will  require separate tankage  for the [low  sulfur] fuel                                                               
the  newer vehicles  require.   Therefore, communities  will face                                                               
infrastructure costs.   However, if all fuel use  in rural Alaska                                                               
went to  ultra-low sulfur diesel  fuel in rural Alaska,  the cost                                                               
of power generation  would be significantly higher.   Mr. Chapple                                                               
clarified  that the  aforementioned benefit  of $70  billion over                                                               
the cost  [of health care] doesn't  apply to rural Alaska  due to                                                               
the lack of vehicles in rural  Alaska.  He pointed out that there                                                               
is no  [knowledge of  the] health  consequences in  rural Alaska.                                                               
Mr.  Chapple stressed  the need  to  obtain more  time for  rural                                                               
Alaska  in  order to  determine  the  health consequences  in  an                                                               
effort to  determine the best  way to  manage the costs  to rural                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. CHAPPLE,  in response  to questions,  said that  the national                                                               
data can be reviewed  in the context of this rule  as part of the                                                               
base of scientific information.   However, real information about                                                               
exposures  in  rural Alaska  must  be  available to  convert  the                                                               
national  science for  use at  the local  level in  assessing the                                                               
health risks.   The  department is  attempting to  obtain federal                                                               
funds to perform the aforementioned.                                                                                            
                                                                                                                                
MR. KING,  in response to  questions, confirmed that there  is an                                                               
international movement  to reduce  the sulfur  from fuel.   There                                                               
are indications  that Europe is  moving toward  implementation of                                                               
this  in  the maritime  industry.    With  regard to  the  energy                                                               
efficiency  of  ultra-low sulfur  diesel,  Mr.  King related  his                                                               
understanding  that currently  the  energy loss  when using  this                                                               
fuel  is less  than  one-half  of one  percent.   That  ultra-low                                                               
sulfur fuel  is being  produced for  $.7 a  gallon more  plus the                                                               
transportation costs.   Furthermore, the only  refinery producing                                                               
the Arctic grade  fuel is in Edmonton, Canada.   He discussed the                                                               
possibility  of converting  power generators  and engines  to use                                                               
this ultra-low  sulfur diesel  and remarked  that the  problem is                                                               
one of  distribution of  cost rather than  whether the  fuel will                                                               
work in the engine.                                                                                                             
                                                                                                                                
STEVE   CLEARY,  Executive   Director,  Alaska   Public  Interest                                                               
Research  Group  (AkPIRG), noted  that  cleaner  fuel is  already                                                               
being  used in  rural Alaska.    Mr. Cleary  mentioned that  [the                                                               
department and others] are seeking a  grant of over $1 million to                                                               
study  the health  effects  [of  sulfur] in  rural  Alaska.   Mr.                                                               
Cleary highlighted  the fact  that there  is no  minimum exposure                                                               
threshold; that is  certain individuals exposed to  any amount of                                                               
diesel  exhaust  can  develop  cancer,  breathing  ailments,  and                                                               
asthma.  Since  Canada has already moved to  lower sulfur diesel,                                                               
AkPIRG  reviewed   Canada's  situation.    Canada   has  switched                                                               
everything over  to [ultra-low sulfur  diesel] in order  to avoid                                                               
the infrastructure  costs of  dual tankage.   Mr.  Cleary related                                                               
that  switching  everything  in  order  to  avoid  infrastructure                                                               
costs.                                                                                                                          
                                                                                                                                
FRANK   DILLON,  Executive   Vice   President,  Alaska   Trucking                                                               
Association, expressed  the need to  be careful when  speaking of                                                               
the cost-saving  health benefits in  Alaska as a result  of using                                                               
lower sulfur fuel.   Mr. Dillon related his belief  that with the                                                               
use of [ultra-low  sulfur diesel] there won't  be much noticeable                                                               
difference in  terms of the  rates of  asthma in either  rural or                                                               
urban Alaska.   Mr. Dillon opined that this  [switch to ultra-low                                                               
sulfur  diesel] is  attempting to  solve a  problem that  doesn't                                                               
exist  in terms  of the  health  issue.   The EPA  report in  the                                                               
committee  packet doesn't  supply any  proof that  diesel exhaust                                                               
emissions  cause asthma  or cancer,  although links  and evidence                                                               
were found.   Reducing the sulfur in fuel isn't  bad, but it will                                                               
be  an expensive  and complicated  proposition  for Alaskans,  he                                                               
said.  No matter what is  done, Alaska faces a logistical problem                                                               
in  that Edmonton,  Canada is  the only  place that  produces the                                                               
[Arctic  grade]  fuel.   In  response  to questions,  Mr.  Dillon                                                               
informed  the  committee  that  the  percentage  of  diesel  used                                                               
nationwide in  production is about  a 50:50 split  between diesel                                                               
fuel and all other  fuels.  In Alaska, 90 percent  of the fuel in                                                               
Alaska  goes  to  jet  fuel  while 10  percent  goes  to  diesel,                                                               
gasoline,  and all  other  products  from [Alaska's]  refineries.                                                               
Therefore, Alaska  is significantly  different from the  Lower 48                                                               
and Canada.   Mr. Dillon  said that although going  to [ultra-low                                                               
sulfur diesel] for everything makes sense, it will cost money.                                                                  
                                                                                                                                
MARIE BECKER,  Alaska Village  Electrical Coop  (AVEC), expressed                                                               
concern with the  increase in cost to consumers.   "It's great if                                                               
we have a little healthier people,  but if they're sitting in the                                                               
dark it's  not going to do  a lot of  good," she said.   She also                                                               
noted concern  with regard to  the availability of  this product.                                                               
Therefore, she suggested the need  for pilot studies to determine                                                               
the impacts and costs to those [AVEC] represents.                                                                               
                                                                                                                                
TC WILSON,  Director, Safety & Engineering  Service, Alaska Rural                                                               
Electric Cooperative  Association (ARECA), pointed out  that over                                                               
70 percent of the electric  utilities in Alaska are cooperatives.                                                               
Although  ARECA realizes  that  eventually all  the  fuel in  the                                                               
world  will be  ultra-low sulfur  fuel, ARECA  requests that  the                                                               
implementation  be postponed  as long  as possible.   Mr.  Wilson                                                               
acknowledged that most of the  utility plants he has visited have                                                               
diesel  engines that  are  basically the  same  engineering as  a                                                               
truck engine but  are much larger and more  sophisticated and run                                                               
diesel engines at  optimum efficiency daily.  With  regard to the                                                               
cost of converting one of  the aforementioned engines, Mr. Wilson                                                               
estimated that  the gaskets  alone would  amount to  $2,500 which                                                               
doesn't account  for maintenance down time  and operation efforts                                                               
to replace the  gaskets.  Therefore, if the  mandatory aspects of                                                               
the change  could occur over a  long period of time,  the regular                                                               
maintenance cycles  of the  engines could  be utilized  to change                                                               
the  gaskets.    Mr.  Wilson  said that  he  does  not  have  the                                                               
understanding  that  the  new  fuel  won't  damage  old  engines.                                                               
Furthermore,  cooperatives operate  on the  edge financially  and                                                               
[problems]  with this  conversion  could be  catastrophic to  the                                                               
electric generation in rural Alaska.                                                                                            
                                                                                                                                
SHAEN TARTER,  Vice President, Yukon  Fuel, pointed out  that the                                                               
road  system in  Alaska will  accommodate demand  without storage                                                               
whereas rural Alaska will require  storage of six to seven months                                                               
worth  of  product  due  to transportation  barriers.    He  also                                                               
pointed out that Jet A fuel  is generally moved in Western Alaska                                                               
and then downgraded to heating fuel  number 1 or diesel number 1.                                                               
Although he agreed  that it would be easier  to change everything                                                               
to  [ultra-low sulfur]  diesel  at once,  it  wouldn't take  into                                                               
account  the  storage  of  Jet   A  in  Western  Alaska  that  is                                                               
downgraded later.   In  such a situation,  an separate  tanks and                                                               
pipelines  will be  required  and thus  there  will be  financial                                                               
impacts and  transportation challenges.  Mr.  Tarter informed the                                                               
committee that Yukon Fuel supports  having more time to implement                                                               
this rule and review the impact to rural Alaska.                                                                                
                                                                                                                                
BILL  BOYCOTT,  Chemical  Engineer,  Williams  Alaska  Petroleum,                                                               
acknowledged  the worldwide  trend toward  the removal  of sulfur                                                               
from fuel.  In regard  to manufacturing, Mr. Boycott related that                                                               
at this  point the  production of  [ultra-low sulfur]  fuel isn't                                                               
economic and thus  import scenarios are being  reviewed.  Another                                                               
milestone is [the  removal of sulfur] from gasoline.   After this                                                               
rule is  implemented, Mr. Boycott  saw two options for  supply to                                                               
the state.   One option would be the transport  of fuel from some                                                               
West  Coast  facility.    However, those  fuels  aren't  made  to                                                               
Alaska's specifications and thus  would lead to batch operations.                                                               
The  problem is  that  the  size of  the  batches  and units  are                                                               
typically large while  [Alaska's] demand is quite  small and thus                                                               
difficulties are  anticipated.  Therefore, the  Edmonton, Canada,                                                               
refinery is  probably the  easiest option  logistically, although                                                               
perhaps the highest in cost.                                                                                                    
                                                                                                                                
MR.  BOYCOTT  predicted that  in  Alaska  this rule  change  will                                                               
result in short-term  supply issues with a high  price early one.                                                               
Therefore, it would  be difficult to have the  Bush transition at                                                               
the  same  time  the  road  system does  and  thus  he  suggested                                                               
transitioning the  road system first  in order to  help establish                                                               
the supply  chains.  Furthermore, there  are other considerations                                                               
because Alaska consumes  about 31,000 barrels a day  of diesel of                                                               
which less than 5,000 barrels a  day is transported via the road.                                                               
Therefore,  the  Bush,  the  railroad,  the  marine  system,  and                                                               
heating oil  are all part of  the consumption.  Alaska  has a lot                                                               
of small  demands that, in  aggregate, make a  reasonable demand,                                                               
although individually the demands  don't justify the construction                                                               
of new equipment.                                                                                                               
                                                                                                                                
AL  EWING,  Chief  of  Staff, Denali  Commission,  noted  he  was                                                               
available  to answer  questions.   In response  to questions,  he                                                               
said that there  has been no research with regard  to the cost of                                                               
cleaning out tank farms to accept this ultra-low sulfur diesel.                                                                 
                                                                                                                                
CHRIS  MELLO, Program  Manager,  Alaska  Energy Authority  (AEA),                                                               
informed the  committee that AEA  is still waiting for  the costs                                                               
to flesh out.  However, AEA  believes this is doable and won't be                                                               
the largest problem  that Bush Alaska faces,  although there will                                                               
be an associated cost.                                                                                                          
                                                                                                                                
ANNOUNCEMENTS                                                                                                                 
                                                                                                                                
There were no announcements.                                                                                                    
                                                                                                                                
COMMITTEE ACTION                                                                                                              
                                                                                                                                
The committee took no action.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 9:15 a.m.                                                                                                          
                                                                                                                                
                                                                                                                                
NOTE:   The meeting was  recorded and handwritten log  notes were                                                               
taken.  A  copy of the tape(s)  and log notes may  be obtained by                                                               
contacting the  House Records  Office at  State Capitol,  Room 3,                                                               
Juneau,  Alaska  99801  (mailing address),  (907)  465-2214,  and                                                               
after  adjournment  of the  second  session  of the  Twenty-Third                                                               
Alaska  State Legislature  this  information may  be obtained  by                                                               
contacting the Legislative Reference Library at (907) 465-3808.                                                                 

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