Legislature(1993 - 1994)

10/25/1993 01:30 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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               HOUSE RESOURCES STANDING COMMITTEE                              
                        October 25, 1993                                       
                            1:30 p.m.                                          
                        Ketchikan, Alaska                                      
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Representative Bill Williams, Chairman                                       
  Representative Bill Hudson, Vice-Chairman                                    
  Representative Con Bunde (via teleconference)                                
  Representative Pat Carney (via teleconference)                               
  Representative John Davies (via teleconference)                              
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Representative David Finkelstein                                             
  Representative Joe Green                                                     
  Representative Jeannette James                                               
  Representative Eldon Mulder                                                  
                                                                               
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  Department of Environmental Conservation Briefing On Water                   
  Quality Standards and Solid Waste Regulations                                
                                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
                                                                               
  MEAD TREADWELL, Deputy Commissioner                                          
  Department of Environmental Conservation                                     
  410 Willoughby Ave., Ste. 301                                                
  Juneau, Alaska   99801-1795                                                  
  Phone:  465-5050                                                             
  Position Statement:  Presented briefing on proposed water                    
                       quality standards and solid waste                       
                       regulations                                             
                                                                               
  HEATHER STOCKARD                                                             
  Hazardous & Solid Waste Management Section                                   
  Department of Environmental Conservation                                     
  410 Willoughby Ave., Ste. 105                                                
  Juneau, Alaska   99801-1795                                                  
  Phone:  465-5150                                                             
  Position Statement:  Presented briefing on proposed solid                    
                       waste regulations                                       
                                                                               
  DAVID STURDEVANT, Coordinator                                                
  Water Quality Standards                                                      
  Department of Environmental Conservation                                     
  410 Willoughby Ave.                                                          
  Juneau, Alaska   99801-1795                                                  
  Phone:  465-5300                                                             
  Position Statement:  Presented briefing on proposed water                    
                       quality standards                                       
                                                                               
  FRED MONREAN, Director                                                       
  Ketchikan Public Works                                                       
  334 Front Street                                                             
  Ketchikan, Alaska  99901                                                     
  Phone:  228-5615                                                             
  Position Statement:  Supported Southeast Conference position                 
                       on proposed solid waste regulations and                 
                       water quality standards                                 
                                                                               
  RICHARD SMITH                                                                
  City & Borough of Sitka                                                      
  304 Lake Street                                                              
  Sitka, Alaska   99835                                                        
  Phone:  747-5500                                                             
  Position Statement:  Supported Southeast Conference position                 
                       proposed solid waste regulations and                    
                       water quality standards                                 
  GERSHON COHEN                                                                
  Clean Water Alliance                                                         
  P.O. Box 956                                                                 
  Haines, Alaska   99827                                                       
  Phone:  766-2488                                                             
  Position Statement:  Encouraged more emphasis on recycling                   
                       in regard to proposed solid waste                       
                       regulations and opposed proposed water                  
                       quality standards                                       
                                                                               
  GINNY TIERNEY, City Administrator                                            
  City of Thorne Bay                                                           
  Thorne Bay, Alaska   99919                                                   
  Phone:  828-3992                                                             
  Position Statement:  Supported Southeast Conference position                 
                       on proposed solid waste regulations                     
                                                                               
  ELI LUCAS                                                                    
  City Public Works                                                            
  City of Petersburg                                                           
  P.O. Box 329                                                                 
  Petersburg, Alaska   99833                                                   
  Phone:  772-4520                                                             
  Position Statement:  Supported Southeast Conference position                 
                       on proposed solid waste regulations                     
                                                                               
  CHUCK ACHBERGER, Director                                                    
  Juneau Chamber of Commerce                                                   
  124 W. Fifth Street                                                          
  Juneau, Alaska   99801                                                       
  Phone:  463-5604                                                             
  Position Statement:  Supported Southeast Conference position                 
                       on proposed solid waste regulations                     
                                                                               
  ALAIRE STANTON, Mayor                                                        
  City of Ketchikan                                                            
  3817 Fairview                                                                
  Ketchikan, Alaska   99901                                                    
  Phone:  225-3406                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  ERNESTA BALLARD                                                              
  705 Main Street                                                              
  Ketchikan, Alaska   99901                                                    
  Phone:  247-0846                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  RICHARD HOFFMAN, President                                                   
  Alaska Trollers Association                                                  
  Juneau, Alaska                                                               
  Phone:  586-9400                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  BOB ELLIS                                                                    
  P.O. Box 2966                                                                
  Sitka, Alaska   99835                                                        
  Phone:  747-8950                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  DON MULLER                                                                   
  P.O. Box 1042                                                                
  Sitka, Alaska   99835                                                        
  Phone:  747-8808                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  TOM ELY                                                                      
  P.O. Box 1014                                                                
  Haines, Alaska   99827                                                       
  Phone:  766-2869                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  RIKI OTT, Chair                                                              
  Habitat Committee                                                            
  United Fishermen of Alaska                                                   
  P.O. Box 1430                                                                
  Cordova, Alaska   99574                                                      
  Phone:  424-3915                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
                                                                               
  DAVE LANKARD, Representative                                                 
  Eyak Traditional Elders Council                                              
  P.O. Box 460                                                                 
  Cordova, Alaska   99574                                                      
  Phone:  424-5790                                                             
  Position Statement:  Concerned with proposed water quality                   
                       standards and their effect on native                    
                       people                                                  
                                                                               
  CHRIS NOROSZ                                                                 
  Petersburg Vessel Owners Association                                         
  P.O. Box 232                                                                 
  Petersburg, Alaska   99833                                                   
  Phone:  772-9323                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  CHRIS TOAL, Legislative Assistant                                            
  Representative David Finkelstein                                             
  Alaska State Legislature                                                     
  Alaska State Capitol, Room 424                                               
  Juneau, Alaska   99801-1182                                                  
  Phone:  465-2435                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  GREG STREVELER                                                               
  Gustavus, Alaska   99826                                                     
  Phone:  697-2287                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  PATRICIA KING                                                                
  P.O. Box 15012                                                               
  Fritz Creek, Alaska   99603                                                  
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  CHRIS CHAVASSE                                                               
  P.O. Box 15003                                                               
  Fritz Creek, Alaska   99603                                                  
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  CLIFF TARO, President                                                        
  Southeast Stevedoring Corporation                                            
  P.O. Box 8080                                                                
  Ketchikan, Alaska   99901                                                    
  Phone:  225-6157                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  ALLIS MAY DAVIS                                                              
  P.O. Box 1102                                                                
  Ward Cove, Alaska   99928                                                    
  Phone:  225-8771                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  ROLLO POOLE, Manager                                                         
  Public Relations                                                             
  Alaska Pulp Corporation                                                      
  4600 Saw Mill Creek Road                                                     
  Sitka, Alaska   99835                                                        
  Phone:  747-2283                                                             
  Position Statement:  Supported Alaska Forest Association                     
                       position on proposed water quality                      
                       standards                                               
                                                                               
  HELEN DRURY                                                                  
  1011 Halibut Point Road                                                      
  Sitka, Alaska   99835                                                        
  Phone:  747-8019                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
                                                                               
  ROBERT CHEVALIER                                                             
  Sitka, Alaska   99835                                                        
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  ELDON DENNIS, Co-Chairman                                                    
  Water Quality Committee                                                      
  United Southeast Alaska Gillnetters                                          
  P.O. Box 20070                                                               
  Juneau, Alaska  99802                                                        
  Phone:  586-3544                                                             
  Position Statement:  Supported Alaska Clean Water Alliance                   
                       position on proposed water quality                      
                       standards                                               
                                                                               
                                                                               
  PAULA TERREL                                                                 
  Thane Neighborhood Association                                               
  5025 Thane Road                                                              
  Juneau, Alaska   99801                                                       
  Phone:  586-3451                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  STEVE HAGAN, Manager                                                         
  Ketchikan Pulp Company                                                       
  P.O. Box 6600                                                                
  Ketchikan, Alaska   99901                                                    
  Phone:  225-2151                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  MARILYN LEE                                                                  
  P.O. Box 1081                                                                
  Ward Cove, Alaska   99928                                                    
  Phone:  247-8156                                                             
  Position Statement:  Supported the Alaska Trollers                           
                       Association position on proposed water                  
                       quality standards                                       
                                                                               
  KATY FRENCH                                                                  
  Ketchikan Pulp Company                                                       
  P.O. Box 6600                                                                
  Ketchikan, Alaska   99901                                                    
  Phone:  225-2151                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  MEREDITH MARSHALL                                                            
  429 Edmond                                                                   
  Ketchikan, Alaska   99901                                                    
  Phone:  225-3817                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  ROLAND STANTON                                                               
  3817 Fairview                                                                
  Ketchikan, Alaska   99901                                                    
  Phone:  225-3406                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  ALLYN HAYES                                                                  
  P.O. Box 722                                                                 
  Ward Cove, Alaska   99928                                                    
  Phone:  247-8369                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  CONSTANCE GRIFFITH                                                           
  2509 4th Avenue                                                              
  Ketchikan, Alaska   99901                                                    
  Phone:  225-5069                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  TROY REINHART, Executive Director                                            
  Alaska Forest Association                                                    
  111 Stedman #200                                                             
  Ketchikan, Alaska   99901                                                    
  Phone:  225-6114                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  DAVE KATZ                                                                    
  Southeast Alaska Conservation Council                                        
  320 Bawden Street                                                            
  Ketchikan, Alaska   99901                                                    
  Phone:  225-0750                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  JACK LEE, Chairman                                                           
  Tongass Sportfishing Association                                             
  P.O. Box 1081                                                                
  Ward Cove, Alaska   99928                                                    
  Phone:  247-8156                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  JIM FOSTER                                                                   
  P.O. Box 9068                                                                
  Ketchikan, Alaska   99901                                                    
  Phone:  225-7607                                                             
  Position Statement:  Opposed proposed water quality                          
                       standards                                               
                                                                               
  JOHN PETERSON                                                                
  661 S. Point Higgins                                                         
  Ketchikan, Alaska   99901                                                    
  Phone:  247-2686                                                             
  Position Statement:  Supported proposed water quality                        
                       standards                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
                                                                               
  TAPE 93-50, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Resources Committee was called to order by                         
  Chairman Bill Williams at 1:55 p.m.  Members present at the                  
  call to order were Representatives Williams, Hudson, Bunde,                  
  Carney and Davies.  Members absent were Representatives                      
  Finkelstein, Green, James and Mulder.                                        
                                                                               
  CHAIRMAN WILLIAMS mentioned there are eighteen sites on                      
  teleconference and welcomed those participating.                             
                                                                               
  CHAIRMAN WILLIAMS stated the Department of Environmental                     
  Conservation (DEC) has been having numerous hearings across                  
  the state on water quality standards.  He said this would be                 
  the first hearing on water quality standards and waste                       
  management for the House Resources Committee.                                
                                                                               
  CHAIRMAN WILLIAMS commented he hoped from the hearings a                     
  consensus could be found on the issue.                                       
                                                                               
  Number 035                                                                   
                                                                               
  MEAD TREADWELL, DEPUTY COMMISSIONER, DEPARTMENT OF                           
  ENVIRONMENTAL CONSERVATION (DEC), said DEC's briefing                        
  concerned two sets of rules:  water quality standards and                    
  solid waste regulations.  He noted that on one set of                        
  proposals, the public's and municipal government's comments                  
  suggest DEC is being too harsh, yet on another, it is                        
  suggested DEC is not being harsh enough.  He stressed DEC's                  
  purpose is to protect the environment and public health and                  
  a balance must be struck between people's needs and nature.                  
                                                                               
  MR. TREADWELL continued when DEC is implementing state law,                  
  two goals are followed:  first, to find realistic standards                  
  to fit Alaska's needs; with realistic meaning practical,                     
  enforceable, attainable and understandable standards.  DEC                   
  tries to avoid standards which produce unreasonable costs                    
  for little environmental benefit.  He stated the second goal                 
  is to look for flexibility in meeting Alaska's needs.                        
                                                                               
  MR. TREADWELL stressed that risk level is a policy decision                  
  not a scientific decision.  He said the stress for                           
  flexibility is one of the least understood reasons behind                    
  the 1 in 100,000 cancer risk level proposal.  He said once                   
  risk level is set nationally or at the state level, permits                  
  are granted and if standards later change, it is difficult                   
  because of federal antibacksliding rules to allow loosening                  
  of the standards for any given facility.                                     
                                                                               
  Number 076                                                                   
                                                                               
  MR. TREADWELL stated presently in regulation, there is a way                 
  to classify streams and water bodies around the state to                     
  have stronger or weaker standards apply, depending on type                   
  of use, but most of Alaska's water bodies are classified for                 
  the most stringent standards.  He added a long, expensive                    
  analysis is needed to reclassify a water body and the                        
  government needs to prove a negative, that the water will                    
  never be used or could never support a beneficial use such                   
  as drinking water, whether or not history shows otherwise.                   
                                                                               
  MR. TREADWELL said by adopting the human health risk level                   
  proposed, the flexibility is retained to set tougher                         
  standards for any individual compound in revisions planned                   
  for future years.  He stressed economics, as well as                         
  sciences, are reviewed when individual standards are set.                    
  He said DEC is cognizant that in arguing about standards                     
  which may apply to particular projects around the state,                     
  those projects must also comply with the requirements of                     
  laws.                                                                        
                                                                               
  MR. TREADWELL stated in the solid waste rules, flexibility                   
  was also sought and gained.  He said the price of short-term                 
  flexibility in solid waste rules is a long-term planning                     
  process to reduce waste.  He continued that DEC is also                      
  exercising flexibility to set some standards which are not                   
  called for in federal law but meet Alaska's needs.  He                       
  pointed out that Governor Hickel recently wrote President                    
  Clinton on the issue of Alaska's wetlands and the                            
  Environmental Protection Agency (EPA) and the Corps of                       
  Engineers has begun wetlands hearings.  In Governor Hickel's                 
  correspondence, flexibility and broader public comments were                 
  being sought.                                                                
                                                                               
  Number 120                                                                   
                                                                               
  MR. TREADWELL remarked in recent public hearings on the                      
  state water quality standards and the solid waste                            
  requirements, the debate did not seem to focus on the                        
  flexibility issue but rather focused on Alaska's needs where                 
  there is a consensus.  He said as a new set of standards for                 
  water and solid waste are proposed, the intent is to meet                    
  the needs and better preserve what is valued in the state                    
  such as clean water and fish.                                                
                                                                               
  MR. TREADWELL stated there must be an effort to ensure that                  
  mining, fishing, timber development, tourism and community                   
  growth can be compatible with the standards.  He said                        
  attainable development can be achieved if more is done than                  
  just setting standards and gave examples of current programs                 
  which do that.  He stressed the efforts underway currently                   
  represent glimmers of hope in the way government and                         
  citizens work together to protect their environment and                      
  added that rules and standards are only a start.                             
                                                                               
  Number 144                                                                   
                                                                               
  MR. TREADWELL commented there has been a large opposition to                 
  DEC's proposed water quality regulations in recent public                    
  hearings, with 170 public members testifying and not one                     
  individual supported DEC's proposal.  He stressed that DEC                   
  is listening and taking the public's concerns seriously.                     
                                                                               
  MR. TREADWELL said public criticism was principally aimed at                 
  the proposed human health risk level of 1 in 100,000.  He                    
  stressed  the overwhelming feeling is that little or no                      
  increase cancer risk is acceptable and no mixing zones for                   
  carcinogens should be allowed.  He remarked the public often                 
  noted that two-thirds of the states and all western states                   
  except Nevada have selected the 1 in 1 million risk level.                   
                                                                               
  MR. TREADWELL stated there was also widespread opposition to                 
  proposals for mixing zones, treatment works and natural                      
  conditions criteria and to the perceived lowering of                         
  standards for sediment, fecal coliform bacteria, color and                   
  hydrocarbons.  He stressed there was little opposition to                    
  the control of whole effluents toxicity or to the                            
  prohibition on mixing zones in fish spawning areas.                          
                                                                               
  Number 160                                                                   
                                                                               
  MR. TREADWELL said those testifying made a strong case for                   
  the uniqueness and value of Alaska's clean waters and the                    
  need to keep them as clean as possible, guaranteeing the                     
  continued help of the fishing and tourism industries.  He                    
  relayed those testifying repeatedly indicated they do not                    
  oppose extractive industries but that industries must pay                    
  the cost for pollution control and not pass the cost of                      
  pollution to other sectors.  He said testifiers repeatedly                   
  noted the stiff regulations applying to oil and sewage                       
  discharge from fishing boats and other regulation of                         
  individuals.  Testifiers reported lower 48 experiences of                    
  having to pay large costs to clean up past pollution                         
  problems.                                                                    
                                                                               
  Number 177                                                                   
                                                                               
  MR. TREADWELL stressed DEC is cognizant of all of the                        
  concerns and urged everyone to think of real risks, not                      
  emotion, and offered to work with everyone to incorporate                    
  the record of the present hearing and any comments the                       
  committee makes to DEC's administrative rule making record.                  
  He said the controversy is being brought to the committee                    
  because the committee has the power to demand the course be                  
  changed if it is not appropriate.  He hoped that together,                   
  the public can be reassured the standards adopted will                       
  protect them, their environment and their future.                            
                                                                               
  MR. TREADWELL stated while it is easy to cry for no                          
  pollution and no cancer risk, reality must be faced.  For                    
  example, implementing a no increase limit to total suspended                 
  solids would be extremely costly for municipal sewage                        
  treatment plants with little environmental benefit.  He                      
  continued with other examples.                                               
                                                                               
  MR. TREADWELL said DEC believes many of the proposals are                    
  misunderstood by the public and most of the technical                        
  proposals are not being fairly examined.  He further stated                  
  that issues have persistently been misrepresented to the                     
  public by activist groups opposing the revisions.                            
                                                                               
  Number 215                                                                   
                                                                               
  HEATHER STOCKARD, HAZARDOUS & SOLID WASTE MANAGEMENT                         
  SECTION, DEC, reviewed background information leading to the                 
  proposed solid waste regulations.  She said in subtitle Z of                 
  the Resource Conservation and Recovery Act (RCRA), Congress                  
  banned open dumping of solid waste and directed the EPA to                   
  establish national minimum standards for sanitary landfills.                 
  On October 9, 1991, in response to that direction, EPA                       
  established the solid waste disposal facility criteria for                   
  all municipal solid waste landfills.                                         
                                                                               
  MS. STOCKARD stated EPA expects all states to implement the                  
  standards and to ensure that they do, incentives are built                   
  into the federal regulations, including additional                           
  flexibility with states who have an approved solid waste                     
  program, as well as protection from third party suits for                    
  operators of landfills with a permit from an approved state                  
  program.  She remarked there are about 750 landfills in                      
  Alaska, with the majority of sites considered open dumps                     
  under the definition in the RCRA.  She said it would be                      
  difficult, perhaps impossible, for many of these facilities                  
  to meet the full requirements of the federal regulations.                    
  For that reason, DEC feels it is important for Alaska to                     
  gain solid waste program approval from EPA in order to take                  
  advantage of every possible area of state flexibility.                       
                                                                               
  MS. STOCKARD continued that the proposed solid waste                         
  regulations are designed to be stringent enough to allow                     
  Alaska to qualify for program approval yet have the                          
  flexibility allowed in federal regulations.  She said                        
  federal regulations include two exclusions from requirements                 
  for small landfills.  The first is for small landfills in                    
  arid regions (the west Texas exclusion) and the other is for                 
  small landfills in communities cut off from surface                          
  transportation at least three months out of the year (the                    
  Alaskan exemption).                                                          
                                                                               
  Number 250                                                                   
                                                                               
  MS. STOCKARD said DEC's proposed regulations take advantage                  
  of both exclusions in order to set more attainable standards                 
  for small landfills.  She stated program approval and use of                 
  the small landfill exemption will not go far enough to allow                 
  some Alaska communities to comply with the federal standards                 
  and gave examples of such.  She advised it is important the                  
  legislature, the Governor's Office and Alaska's                              
  Congressional delegation continue to work with EPA and                       
  Congress to seek further relief for small landfills in the                   
  state.  DEC staff will continue to work with national                        
  associations of state solid waste officials in order to gain                 
  support of other states for further Alaska exemptions.                       
                                                                               
  MS. STOCKARD pointed out that adopting solid waste                           
  regulations and seeking state program approval will allow                    
  more time to pursue a more permanent solution, one which DEC                 
  would like to see as full exemption from federal solid waste                 
  requirements for very small or remote communities in the                     
  state.  She said DEC will be soliciting comments on the                      
  regulations through November 30 and holding public hearings                  
  around the state.  She mentioned that between the end of the                 
  close of the comment period and late January, changes to the                 
  proposed regulations will be made based on the comments                      
  received as well as the results of preliminary review by                     
  EPA.                                                                         
                                                                               
  MS. STOCKARD stated DEC plans to adopt regulations in early                  
  February with an estimated effective date of July 1, 1994                    
  and if the final regulations are acceptable to EPA, Alaska                   
  expects to receive state program approval on the effective                   
  date of the regulation.  She further stated in the next few                  
  months, EPA will be seeking public comments on alternative                   
  approaches to ground water monitoring and small landfills.                   
  She urged representatives of affected communities to attend                  
  the hearings and provide testimony on practical monitoring                   
  alternatives for Alaska.                                                     
                                                                               
  MS. STOCKARD explained DEC's classification scheme in the                    
  regulations for municipal solid waste landfills and said                     
  three classes of land are proposed:  Class I the largest                     
  landfills in the state, those accepting over 20 tons of                      
  solid waste per day, would be expected to meet all of the                    
  federal criteria in the federal regulations; Class II                        
  landfills, those accepting less than 20 tons per day, DEC                    
  has proposed relaxed design and corrective action                            
  requirements and a much later deadline for implementing                      
  financial assurance requirements.                                            
                                                                               
  MS. STOCKARD continued Class III landfills are designed for                  
  small villages with subsistence economies and proposed                       
  regulations state Class III landfills be those which accept                  
  less than 3 tons of waste per day (equating to approximately                 
  1,000 in population) and accepts less than 50 percent of its                 
  waste from industrial or government sources.  She said Class                 
  III landfills have both relaxed design, operating and                        
  corrective action requirements and are essentially open                      
  dumps by the federal definition, not requiring financial                     
  assurance mechanisms and DEC does not propose collecting any                 
  fees.                                                                        
                                                                               
  MS. STOCKARD said Class III landfills go beyond what federal                 
  statute allows EPA to (inaudible) in a state program;                        
  therefore, DEC has included in the proposed regulations the                  
  upgrade rule, meaning Class III landfills must agree to                      
  upgrade to Class II within 10-15 years.  She stated DEC                      
  recognizes there are many villages who will not be able to                   
  upgrade to Class II; however, DEC feels the upgrade rule                     
  will give additional time to continue working on a full                      
  exemption for the small communities.                                         
                                                                               
  Number 334                                                                   
                                                                               
  MS. STOCKARD mentioned there have been concerns regarding                    
  areas in DEC's regulations not required by the federal                       
  regulations.  She said the federal regulations deal solely                   
  with municipal solid waste landfills and as this was a                       
  complete rewrite of DEC's chapter in the state regulations                   
  on solid waste, DEC has also included provisions for other                   
  types of landfills.  She further stated there are a few                      
  requirements for municipal solid waste landfills which have                  
  been added due to special circumstances in Alaska.                           
                                                                               
  MS. STOCKARD continued that DEC has tried to provide                         
  additional flexibility for Alaska's unique situation                         
  including a section on permafrost landfills allowing for an                  
  exemption for certain requirements.  She said a waiver                       
  provision has been included and added that EPA could not                     
  approve a general waiver of requirements for Class I                         
  landfills but would consider approving a program having that                 
  available for other types of landfills.                                      
                                                                               
  MS. STOCKARD stated DEC has included a section on solid                      
  waste management planning which was added to incorporate the                 
  provisions of Alaska Statute 46.06.021 and 46.03.11E which                   
  says DEC cannot issue disposal permits unless the waste                      
  management hierarchy has been adequately considered in terms                 
  of recycling, source reduction, etc.  She said there are                     
  also sections for non-municipal solid waste including those                  
  which have parallels with the federal regulations and some                   
  that have no parallels with the federal regulations.  She                    
  said DEC feels that without regulatory standards, industry                   
  cannot be sure what requirements are needed to be met and                    
  differences between permit conditions can lead to                            
  competitive disadvantages for the stringently regulated                      
  parties.                                                                     
                                                                               
  Number 400                                                                   
                                                                               
  DAVID STURDEVANT, COORDINATOR, WATER QUALITY STANDARDS, DEC,                 
  read a background statement explaining how the current                       
  status of the proposed water quality standards was reached.                  
  He said DEC is conducting the triennial review and revision                  
  of water quality standards as required under the federal                     
  Clean Water Act.  He  stated the original focus of revisions                 
  was to adopt water quality criteria for toxic pollutants,                    
  particularly the human health criteria for carcinogens,                      
  which has been deferred until 1994.  He added that in the                    
  current phase, DEC is addressing human health risk level                     
  criteria for certain conventional pollutants and narrative                   
  provisions concerning mixing zones, treatment works, site                    
  specific criteria and whole effluent toxicity.                               
                                                                               
  MR. STURDEVANT stated DEC first proposed revisions and held                  
  public review pertaining to the topics in the summer 1992                    
  and the public comment period ran for 4 1/2 months.  He                      
  noted the proposals generated public controversy producing                   
  approximately 2,000 written comments which led DEC to not                    
  adopt the 1992 proposals into regulation.  He said valid                     
  concerns expressed led DEC to reconsider many of the issues.                 
                                                                               
                                                                               
  MR. STURDEVANT stated DEC evaluated public comments and                      
  prepared a formal comment and response summary.  He added                    
  that at Governor Hickel's direction, DEC formed a water                      
  quality standards citizens advisory group to assist in                       
  reexamining and modifying the proposals.  He said members of                 
  the group, representing a balance of industry, environmental                 
  and public interests met and submitted written comments to                   
  DEC.                                                                         
                                                                               
  MR. STURDEVANT advised that based on public and advisory                     
  group comments and discussions with EPA, DEC developed                       
  modified regulatory proposals which were then distributed to                 
  the advisory group for final review.  He said the final                      
  package was approved for public review and comments.  He                     
  added most of the topics in the 1993 proposals are similar                   
  to the 1992 proposals including technical issues and public                  
  policy matters.                                                              
                                                                               
  MR. STURDEVANT stated the major differences in the 1993                      
  proposals are DEC dropped a proposal for human health                        
  criteria for dioxin, chloroform and arsenic and added a                      
  proposal for a human health risk level of l in 100,000 for                   
  carcinogenic pollutants.  He said the risk level ultimately                  
  adopted will become the basis for later developing human                     
  health criteria for carcinogens.  Therefore, DEC wished to                   
  foster public consideration and response as an initial step                  
  toward the development of human health criteria.                             
                                                                               
  MR. STURDEVANT reviewed handouts (available from the House                   
  Resources Committee) used in the public workshops and                        
  hearings.  He said there is a summary of the advisory group                  
  comments on each of the proposals and a sheet which compares                 
  the 1992 and 1993 proposals with current regulations.                        
                                                                               
  Number 492                                                                   
                                                                               
  MR. STURDEVANT referred to a wall chart on water quality                     
  standards topics listing items included in the proposal.  He                 
  said another chart shows the risk formula which answers the                  
  question of what is the criteria to be established and                       
  stated there are six factors which go into the formula,                      
  adding that at the present time, DEC is not dealing with the                 
  matter of fish consumption.  He stated the factors include                   
  risk level, body weight, water consumption, cancer potency                   
  factor and bioaccumulation.                                                  
                                                                               
  MR. STURDEVANT said the cancer potency factor and                            
  bioaccumulation are specific to each pollutant and EPA,                      
  through its science, provides a number to plug in; body                      
  weight is established; water consumption is a set value;                     
  therefore risk level and fish consumption are the real                       
  variables to deal with.  He said there is a formula,                         
  involving multiplication and division when plugging in the                   
  values, and the resulting answer is the criterion for each                   
  pollutant.                                                                   
                                                                               
  MR. STURDEVANT stated DEC recognizes there is discharge of                   
  pollutants and people are exposed to them, so there is a                     
  need to control them.  DEC's mission is to set a human                       
  health criterion for each pollutant which will govern the                    
  allowable level in the water.  He said separate and                          
  independent criterion exists for protecting both aquatic                     
  life and human health.                                                       
                                                                               
  MR. STURDEVANT said there is no change proposed for the                      
  protection of aquatic life criteria.  He stated the human                    
  health criteria will only be applied when they are stricter                  
  than the aquatic life protection criteria and that is the                    
  reason why DEC has a problem with lowering the water quality                 
  standards.                                                                   
                                                                               
  Number 567                                                                   
                                                                               
  MR. STURDEVANT, referring to a wall chart, reviewed an                       
  illustrated water body showing a discharge pipe with a                       
  pollutant discharge into the water and then described what                   
  happens to the pollutants after they hit the water.  First,                  
  the pollutants mix with the water; then the pollutants are                   
  consumed by small organisms; next the pollutants move up the                 
  food chain; finally consumed by fish.  He said DEC's                         
  objective is to set allowable pollutant levels in the water                  
  and to do that, they first review human risk dose.                           
                                                                               
  MR. STURDEVANT stated the first requirement is to establish                  
  what the acceptable dose is and recognize it is determined                   
  on a lifetime basis (70 years).  He advised that the                         
  information establishing the safe dose comes from laboratory                 
  animal studies and once a lifetime safe dose for people is                   
  established, then the task becomes determining what level of                 
  pollution in the water will not exceed that dose when the                    
  pollutants are transferred into fish and people.                             
                                                                               
  MR. STURDEVANT summarized that DEC is responsible for                        
  setting criteria ensuring that a person who eats a set                       
  amount of contaminated fish and drinks a certain amount of                   
  contaminated water will not exceed the specified risk of                     
  cancer over a lifetime.  He stated the situation in Alaska                   
  is quite different in that most of the fish are migratory                    
  which means they have limited exposure to contaminated                       
  areas.                                                                       
                                                                               
  TAPE 93-50, SIDE B                                                           
  Number 000                                                                   
                                                                               
  REPRESENTATIVE BILL HUDSON asked if the major risk areas had                 
  been identified.                                                             
                                                                               
  MR. STURDEVANT replied the risk areas are where there are                    
  contaminated sources and fish are being taken from those                     
  areas.  He said the only people exposed are those consuming                  
  contaminated fish.                                                           
                                                                               
  REPRESENTATIVE HUDSON inquired about major community out                     
  falls.                                                                       
                                                                               
  MR. STURDEVANT said municipal discharges are a concern                       
  because of bacteria, sediment and other pollutants.                          
                                                                               
  NUMBER 043                                                                   
                                                                               
  CHAIRMAN WILLIAMS asked for comments on public's fear and                    
  distrust of DEC as well as accusations that DEC is giving in                 
  to industry.                                                                 
                                                                               
  MR. TREADWELL replied that public trust results from a                       
  dialogue and DEC has tried to have a dialogue with the                       
  public including the Governor asking DEC to determine if the                 
  science could be improved because it was difficult to                        
  understand and explain.  He said in terms of looking for                     
  better science on various carcinogens which were being                       
  studied, that project has been delayed so it can be                          
  continued through next year.  He continued that a water                      
  quality standards working group, which includes people from                  
  various industries and sectors, was established.                             
                                                                               
  MR. TREADWELL said if there is a disagreement on the                         
  question of risk and the argument is not scientific, it is                   
  very difficult to cope with because DEC feels the l in                       
  100,000 risk level is a good solid level, given the other                    
  environmental risks faced in the state and given the costs                   
  of meeting those hazards.  He said the reason DEC is                         
  conducting the briefing is to ensure that the committee is                   
  aware that there is a disagreement with the public regarding                 
  the risk level decision.  He reminded everyone the reason                    
  DEC set the risk level at l in 100,000 is to maintain                        
  flexibility.                                                                 
                                                                               
  Number 091                                                                   
                                                                               
  REPRESENTATIVE JOHN DAVIES asked if policy is to be set at 1                 
  in 100,000 and go from that for each individual toxin or is                  
  there going to be an attempt, in cases where the                             
  interactions are understood, to attain an effective risk                     
  level of 1 in 100,000 for the interaction of the toxins.                     
                                                                               
  MR. STURDEVANT replied the risk level only applies to the                    
  individual pollutants;  criteria is set for each pollutant                   
  to meet that level and the cumulative effect would depend on                 
  the situation.  He further stated the 1 in 100,000 risk                      
  level for a particular pollutant is the maximum projected                    
  risk which could occur.                                                      
                                                                               
  REPRESENTATIVE DAVIES wondered why DEC, in those particular                  
  cases where they could do the science, had not tried to set                  
  the resultant level at 1 in 100,000.                                         
                                                                               
  MR. STURDEVANT replied the approach being used is what EPA                   
  recommended and is used by all states to derive the health                   
  criteria (formula).  He added it would be difficult to                       
  accurately determine what the cumulative risk would be and                   
  could only be done on a site specific basis.                                 
                                                                               
  Number 138                                                                   
                                                                               
  MR. TREADWELL said on a more immediate basis, DEC is                         
  requiring  whole effluent toxicity testing where in the                      
  short-term, outside the mixing zone, the mixture of several                  
  different compounds might result in toxicity.  He added                      
  during the time of permitting of a facility, if there is                     
  evidence of a long-term effect of a couple of compounds, the                 
  issue would be addressed.                                                    
                                                                               
  MR. STURDEVANT added the matter of whole effluent toxicity                   
  pertains to the aquatic life protection criteria.  He noted                  
  once again, there are individual pollutant standards and a                   
  new provision is being added that says in a cumulative sense                 
  there can be no toxicity outside of a mixing zone.                           
                                                                               
  REPRESENTATIVE DAVIES commented he does have concerns.                       
  First, in Alaska, cancer is the leading cause of death and                   
  great attention needs to be given to that issue; second,                     
  when all other western states are setting their standards                    
  ten times higher than what is proposed, there will be a                      
  perception risk that our fish are not as safe.                               
                                                                               
  Number 181                                                                   
                                                                               
  REPRESENTATIVE CON BUNDE asked where DEC got the mythical                    
  five pounds of fish consumed per year and if perhaps there                   
  is a standard more appropriate to represent the Alaskan                      
  lifestyle.                                                                   
                                                                               
  MR. TREADWELL responded that proposal in the equation was                    
  used last year and is not proposed this year.                                
                                                                               
  MR. STURDEVANT added that DEC never stated Alaskans consume                  
  five pounds of fish per year and stated that figure was used                 
  because it was a national average.  However, DEC felt it was                 
  a reasonable projection for the purpose of setting criteria                  
  for contaminated fish.                                                       
                                                                               
  REPRESENTATIVE HUDSON asked if the 1991 RAP Act standards                    
  were currently being met.                                                    
                                                                               
  MS. STOCKARD replied DEC has not revised solid waste                         
  regulations since 1987, so this is the first attempt to                      
  include the provisions of the RAP Act into solid waste                       
  regulations.                                                                 
                                                                               
  Number 223                                                                   
                                                                               
  REPRESENTATIVE HUDSON wondered if once a standard has been                   
  set, does the federal law preclude relaxing those standards.                 
                                                                               
  MR. TREADWELL said once a permit for a facility is granted                   
  based on a certain value, a permit cannot be issued for                      
  something which is looser than the original request.                         
                                                                               
  REPRESENTATIVE HUDSON asked if in ongoing discussions with                   
  those at the federal level, they are aware of the uniqueness                 
  of Alaska such as the issue of migratory fish species.                       
                                                                               
  MR. TREADWELL said EPA and the Food and Drug Administration                  
  (FDA) recognize the ocean situation is different but the                     
  formula used assumes a uniformly contaminated water body.                    
                                                                               
  Number 288                                                                   
                                                                               
  FRED MONREAN, DIRECTOR, KETCHIKAN PUBLIC WORKS, stated he                    
  supports the Southeast Conference's position on solid waste                  
  regulations.  He asked that regulations be Alaskanized                       
  including an exemption on cover requirements for landfills                   
  in extreme weather conditions.  He stated he did not feel an                 
  intermediate cover is needed on inert waste landfills.  Mr.                  
  Monrean stated in the (inaudible) section, wording should be                 
  changed to "minimize to the extent practical".                               
                                                                               
  Number 330                                                                   
                                                                               
  MR. MONREAN would also like to see an exemption allowing                     
  single line facilities.  He said there should be an                          
  allowance to allow for (inaudible) back into the landfill.                   
  He felt that existing asbestos regulations should remain                     
  with no changes.  He stated in regard to biosolids on                        
  treatment works, the proposed regulations are a problem.                     
  Mr. Monrean stated a more stringent criteria on water                        
  quality standards would be a mistake.                                        
                                                                               
  Number 366                                                                   
                                                                               
  RICHARD SMITH, CITY & BOROUGH OF SITKA, stated he was                        
  speaking on behalf of the Southeast Conference, and said                     
  there is a 70 page document, currently with John Sandor,                     
  jointly prepared by Southeast Conference and the solid waste                 
  committee, addressing the changes needed to the regulations.                 
  He said Southeast Conference endorses the regulations                        
  prepared by the EPA.                                                         
                                                                               
  Number 390                                                                   
                                                                               
  GERSHON COHEN, CLEAN WATER ALLIANCE, HAINES, said in regard                  
  to the solid waste regulations, he would like a greater                      
  emphasis placed on recycling of waste materials and felt if                  
  there was more encouragement in the regulations, many                        
  problems with disposal would be eliminated.                                  
                                                                               
  Number 405                                                                   
                                                                               
  GINNY TIERNEY, CITY ADMINISTRATOR, THORNE BAY, stated Thorne                 
  Bay supports the solid waste regulations proposed by                         
  Southeast Conference.                                                        
                                                                               
  Number 416                                                                   
                                                                               
  ELI LUCAS, CITY PUBLIC WORKS, CITY OF PETERSBURG, gave his                   
  support to the Southeast Conference position on solid waste                  
  regulations and commented he would like to see the amount of                 
  recycled materials subtracted from the total billed to each                  
  community.                                                                   
                                                                               
  Number 436                                                                   
                                                                               
  CHUCK ACHBERGER, DIRECTOR, JUNEAU CHAMBER OF COMMERCE,                       
  stated he is in support of the Southeast Conference's                        
  position on solid waste regulations and clarified that the                   
  Southeast Conference had proposed a resolution supporting                    
  the 1 in 100,000 water quality standards.                                    
                                                                               
  Number 450                                                                   
                                                                               
  ALAIRE STANTON, MAYOR, KETCHIKAN, said the City of Ketchikan                 
  and the Southeast Conference have been on record supporting                  
  the less stringent 1 in 100,000 risk factor and presented                    
  resolutions from both parties.  She felt those who are not                   
  scientists do not necessarily understand the differences and                 
  many people are not speaking up.  However, many people do                    
  speak up in favor of common sense for an Alaskan way of                      
  doing things and for the flexibility which DEC is trying to                  
  promote.  She voiced her concerns regarding possible                         
  excessive costs to municipalities and jobs lost if                           
  industries in the area have to perform excessively to                        
  comply.                                                                      
                                                                               
  Number 503                                                                   
                                                                               
  ERNESTA BALLARD, KETCHIKAN, stated her remarks are based on                  
  her experience as Regional Administrator, Region X for EPA                   
  and service on the National Academy of Sciences Committee on                 
  risk perception.  She stated thousands of cases were studied                 
  where the public was asked to comment on a proposed rule or                  
  regulation entailing risk and learned that the public's fear                 
  of risks they are unfamiliar with is way out of proportion                   
  to their actual safety.                                                      
                                                                               
  MS. BALLARD remarked that much has been said about the                       
  proposed risk level to which carcinogens will be regulated                   
  by the state.  She said it is helpful to look at the history                 
  of environmental law and regulation in the United States.                    
  In the early years, there was technology based permitting                    
  and in the last decade and with recent revisions to the                      
  Clean Water Act, there has been a trend toward pollutant                     
  specific requirements and the use of human health criteria.                  
  She relayed that in her experience, risk based regulation is                 
  not a precise science and has resulted in an ineffective use                 
  of national resources.                                                       
                                                                               
  Number 550                                                                   
                                                                               
  MS. BALLARD advised the past, present and future costs of                    
  achieving compliance with the stringent criteria derived                     
  from risk based regulation are incalculable and benefits                     
  have not been shown to outweigh the costs of obtaining the                   
  goals of risk management.  She further stated the                            
  designation of a human health risk target is a form of risk                  
  based regulation and such analyses extrapolate from high                     
  doses to low doses and attempt to correlate human and animal                 
  reaction.  She continued that life time exposures are                        
  assumed and safety decisions are made from a tool which was                  
  originally intended to be a screening device.                                
                                                                               
  MS. BALLARD stressed the process must come to closure as the                 
  only people benefitting from the lengthy process are the                     
  lawyers who will eventually have adequate cause to represent                 
  plaintiffs against the state who say no regulation is worse                  
  than some regulation.                                                        
                                                                               
  Number 587                                                                   
                                                                               
  MR. ACHBERGER noted for the record that he agrees with Ms.                   
  Ballard's comments.  He said it is difficult to get people                   
  to voice their opinion and felt there was an inherent bias                   
  in the public hearings.  He stated the 1 in 100,000 level                    
  has been taken out of context of a very complex formula and                  
  used as a banner to strike fear in people's minds.                           
                                                                               
  Number 613                                                                   
                                                                               
  RICHARD HOFFMAN, PRESIDENT, ALASKA TROLLERS ASSOCIATION                      
  (ATA), JUNEAU, presented a resolution stating, "Whereas high                 
  quality standards are essential to the health of the people                  
  and the quality for life and whereas Alaska's pristine                       
  waters are world renowned treasures and whereas Alaska                       
  trollers depend on these pristine waters and uncontaminated                  
  salmon for their livelihood and whereas the perception of                    
  tainted products hurts high quality marketing and whereas                    
  Governor Hickel's administration has moved to establish the                  
  lowest water quality standards permissible and whereas this                  
  move by the administration was initiated to benefit a few                    
  special interests subverts the people of Alaskans interest                   
  in clean water and whereas this proposal understates the                     
  health risk to consumers due to the unrealistic estimate of                  
  per capita consumption of seafood; therefore be it resolved                  
  that the Alaska Trollers Association moves that the 1 in 1                   
  million risk factor should be adopted as the minimum                         
  standard.  Water quality of this standard will help in                       
  preserving Alaska's pristine waters and untainted seafood."                  
                                                                               
  Number 640                                                                   
                                                                               
  MR. HOFFMAN stated the proposed water quality standards will                 
  increase economic viability of some industries, particularly                 
  pulp mills and large mines as well as benefit municipalities                 
  looking for an escape to the problem of treating their                       
  wastes.  He advised 34 other states have decided the 1 in 1                  
  million risk factor is not an excessive economic hardship                    
  for their industries and municipalities.  He reminded                        
  everyone that ATA represents 450 members, each of whom is a                  
  small business that will be economically disadvantaged by                    
  the changes.                                                                 
                                                                               
  MR. HOFFMAN said as commercial fishermen, they are required                  
  to post on their vessels a waste management plan, a copy of                  
  the marine pollution regulations and an oil spill factor to                  
  help prevent pollution problems and can be fined for various                 
  reasons.  He stated if the proposed water quality standards                  
  are adopted, those who consume large amounts of fish will                    
  have to lower their consumption to the per capita norm or                    
  face an increased chance of cancer.                                          
                                                                               
  CHAIRMAN WILLIAMS asked Mr. Hoffman to send his written                      
  testimony to DEC and the House Resources Committee.                          
                                                                               
  TAPE 93-51, SIDE A                                                           
  Number 000                                                                   
                                                                               
  BOB ELLIS, SITKA, stated he is fearful when flexibility is                   
  discussed in regard to state regulations.  He said the State                 
  Forest Practices Act provided for streamside protection for                  
  buffer zones, yet flexibility written into the act for DNR                   
  has resulted in serious degradation of the buffer zones.  He                 
  remarked the outcome of flexibility depends on the                           
  administration in power.                                                     
                                                                               
  MR. ELLIS added that outrage is what many people in Sitka                    
  have felt when watching what has gone on between DEC and the                 
  polluters.  He said the public should be outraged upon                       
  hearing industry has met with DEC officials beforehand, have                 
  agreed upon what the regulations are going to be and then                    
  DEC attempts to justify the proposed regulations and permit                  
  provisions to the public, rather than engaging with the                      
  public to determine what the regulations and permits should                  
  be.                                                                          
                                                                               
  Number 030                                                                   
                                                                               
  DON MULLER, SITKA, stated the proposed revisions to the                      
  state water quality standards convinced him that DEC is                      
  nothing more than a pawn for the pulp, oil and mining                        
  industries.  He said the proposed risk level offers the                      
  least protection from cancer allowed by the federal                          
  government and allows ten times the risk of cancer that 36                   
  other states have chosen.  He further stated the proposed                    
  risk level was chosen to protect industry, not the                           
  environment or the living things within the environment and                  
  felt the proposed risk level is bureaucratic premeditated                    
  murder.                                                                      
                                                                               
  MR. MULLER pointed out that common sense would dictate DEC                   
  to propose the most protective risk level, at least 10 to                    
  the minus 6 as recommended by EPA.  He stated DEC's job is                   
  to protect the environment yet DEC has taken on the job of                   
  protecting industry.  Mr. Muller asked DEC to leave that job                 
  to the Department of Economic Development.                                   
                                                                               
  MR. MULLER stated he can no longer trust DEC in regard to                    
  water quality standards especially when it puts the entire                   
  state fishing industry at risk in order to protect a few                     
  select industries.  He requested the following:  Adopt at                    
  least a ten to the minus seven risk level; prohibit mixing                   
  zones for carcinogens; and maintain the current color limit                  
  of five color units.                                                         
                                                                               
  Number 082                                                                   
                                                                               
  TOM ELY, HAINES, stated DEC is politically motivated by                      
  holding hands with industrial polluters and trying to                        
  accommodate them at the expense of the public.  He said                      
  treatment works, especially mine tailings ponds should not                   
  be exempt from water quality standards. He pointed out that                  
  current state standards do not allow pollutants to                           
  concentrate or persist in the environment, yet DEC is                        
  proposing to allow accumulation of pollutants and sediments                  
  under mixing zones which would eventually cause dead zones.                  
                                                                               
  MR. ELY asserted that hydrocarbons should not be exempt from                 
  state water quality standards and pointed out that the                       
  Alyeska Pipeline Terminal has been out of compliance for                     
  many years and should be forced into compliance.  He said in                 
  regard to the cancer risk level, he supports the no risk                     
  alternative as the original intent of the Clean Water Act                    
  was no discharge of toxic pollutants into the waters.                        
                                                                               
  Number 115                                                                   
                                                                               
  MR. COHEN stated the proposed water quality standards have                   
  proven to be problematic for several reasons.  He said the                   
  standards were originally conceived as a method by which the                 
  administration could lessen the regulatory burden on a                       
  select group of industrial polluters and gave several                        
  examples of proof.  He felt DEC is attempting to solve local                 
  problems for industry with statewide regulatory changes.                     
                                                                               
  MR. COHEN stated the outrage of the public relating to the                   
  revised regulations and the negative evaluation by EPA have                  
  not yet altered DEC's course and gave evidence of DEC's                      
  attempt to undermine the environmental security of the state                 
  to protect the interests of a select group of water                          
  pollutant dischargers.  He stated the most serious omission                  
  from the standards is the continued absence of the legally                   
  required antidegradation policy required by the Clean Water                  
  Act and reviewed and submitted the policy.  He added the                     
  inclusion of the policy is critical because it provides the                  
  side boards for other regulations, many which are designed                   
  to provide for specific exemptions from the intent of the                    
  Clean Water Act.  Mr. Cohen felt the omission of the policy                  
  alone necessitates modifications to the proposed standards.                  
                                                                               
  MR. COHEN stated the water quality standards advisory group                  
  could not play a significant role in preventing problems in                  
  the proposed standards as the group's participation was                      
  limited to internal debating rather than truly becoming an                   
  advisory body, addressing specific language issues as the                    
  proposal progressed.  He added that the proposed water                       
  quality standards were never reviewed by the advisory group                  
  prior to the proposal being forwarded up the chain of                        
  command and pointed out the treatment works and cancer risk                  
  level language was never presented to the group.                             
                                                                               
  MR. COHEN said at this point there should be an interest in                  
  what the EPA, the Fish and Wildlife Service, and the                         
  National Fisheries Services have to say about the proposals.                 
                                                                               
  Number 200                                                                   
                                                                               
  RIKI OTT, CHAIR, HABITAT COMMITTEE, UNITED FISHERMEN OF                      
  ALASKA, (UFA), CORDOVA, stated her group is concerned and                    
  disappointed with the revisions of the water quality                         
  standards, which would lead to degradation of fish habitat,                  
  reductions in fish populations and erosion in consumer                       
  confidence in Alaska's seafood.  She said because clean                      
  water is essential to the success of the seafood industry,                   
  UFA worked to develop revisions which would adequately                       
  protect fish habitat, aquaculture, seafood processing,                       
  markets, and health yet most of the concerns have been                       
  ignored.                                                                     
                                                                               
  Number 235                                                                   
                                                                               
  MS. OTT remarked UFA is concerned with DEC's failure to                      
  adopt an antidegradation policy and arbitrary authorization                  
  of treatment works in any water body which will result in                    
  abuse of the state standards.  She stated UFA is concerned                   
  with actions taken by DEC, reflecting an underlying                          
  intention to weaken the standards and allowing polluters to                  
  pollute and gave examples of such.                                           
                                                                               
  Number 258                                                                   
                                                                               
  MS. OTT stated UFA recommends the state adopt a human health                 
  criteria for cancer risk level of 1 in 1 million;  change                    
  the language to reflect the fact that granting a mixing zone                 
  is the exception and not the rule; and immediately initiate                  
  research to see what the Great Lakes region is doing in                      
  regard to zero risk alternatives.                                            
                                                                               
  Number 274                                                                   
                                                                               
  DAVE LANKARD, REPRESENTATIVE, EYAK TRADITIONAL ELDERS                        
  COUNCIL (ETEC), CORDOVA, stated ETEC is currently drafting                   
  their own water quality standards for their traditional                      
  lands and waters.  He said concerns include the situation of                 
  Eyak Lake which is polluted because of sewage, oil, chemical                 
  run off, etc. resulting in the incapability of sustaining                    
  the number of returning sockeye which it has historically                    
  reproduced.  He observed that someone needs to visit                         
  villages and educate the native population on what the                       
  consequences of the revised water quality standards are.                     
                                                                               
  MR. LANKARD concluded if the state cannot protect the Native                 
  people in their health standards, they will protect                          
  themselves through federal laws which allow their sovereign                  
  governments to protect them from the changes.                                
                                                                               
  Number 325                                                                   
                                                                               
  CHRIS NOROSZ, PETERSBURG VESSEL OWNERS ASSOCIATION,                          
  PETERSBURG, said that as representatives of seafood                          
  harvesters, her organization is concerned with proposed                      
  water quality standards and increases in consumer and public                 
  health risks.  She stressed DEC's proposed cancer risk level                 
  of 1 in 100,000 is for each chemical released at every site                  
  of discharge and the problem is most toxic effluents contain                 
  chemicals which are not only toxic individually but have a                   
  synergistic effect creating an even higher rate of disease.                  
                                                                               
  MS. NOROSZ stated that as an industry dependent on selling                   
  healthy seafood to the consuming public, they request DEC                    
  not adopt the least stringent cancer risk level but rather                   
  follow the other 34 states who have a cancer risk level of 1                 
  in 1 million.  She said in regard to mixing zones, her                       
  organization was glad to hear DEC's plan to propose the                      
  banning of mixing zones in areas of fish spawning and to                     
  limit the downstream length.  However, there is a fear of                    
  proliferation of mixing zones and she stressed proposed                      
  language must be changed to prevent that.                                    
                                                                               
  Number 345                                                                   
                                                                               
  MS. NOROSZ remarked DEC must ban the discharge of toxic                      
  substances and toxic amounts in state waters, and mixing                     
  zones in Alaska Department of Fish and Game (ADF&G) index                    
  streams and other special areas.  She said there is a                        
  concern regarding the accumulation of pollutants and                         
  sediments under mixing zones, which can act as a sink and                    
  source of pollution which is not allowed under the Clean                     
  Water Act.                                                                   
                                                                               
  Number 360                                                                   
                                                                               
  MS. NOROSZ said her organization opposes DEC's proposal to                   
  eliminate the standard for total suspended solids and                        
  stressed the standards for turbidity and color are not                       
  adequate to protect aquatic life in marine waters.  She                      
  stated the association agrees with ADF&G on the importance                   
  that standards for total suspended solids remain in the                      
  state's water quality standards.  She added her organization                 
  opposes DEC's proposal to eliminate particulate hydrocarbons                 
  from the standards, allowing the discharge of hydrocarbons,                  
  which are then picked up by filter feeders and become a                      
  major part of the food web.                                                  
                                                                               
  Number 370                                                                   
                                                                               
  CHRIS TOAL, LEGISLATIVE ASSISTANT, REPRESENTATIVE DAVID                      
  FINKELSTEIN'S OFFICE, JUNEAU, stated if Representative                       
  Finkelstein could be in attendance, he would oppose DEC's                    
  proposal to lower water quality standards in Alaska.  He                     
  said if the standards are adopted, they will be one of the                   
  lowest standards in the country and reiterated that adoption                 
  of the standards will affect fishermen and consumers of                      
  fish, particularly those who maintain a subsistence                          
  lifestyle.                                                                   
                                                                               
  MR. TOAL stressed DEC has yet to produce a study on what the                 
  effects of the lower standards will be.  He said the                         
  assumption that a cancer risk level of 1 in 100,000 is                       
  acceptable would probably be rejected by the majority of                     
  Alaskans if they had the opportunity to vote on it.  He                      
  added the adoption of the standards is a function of the                     
  combined exposure to each of the 126 toxic chemicals found                   
  in drinking water and the fish eaten, so the real risk is                    
  not 1 in 100,000 but potentially much greater.                               
                                                                               
  MR. TOAL recommended DEC adopt a cancer risk level of at                     
  least 1 in 1 million which is warranted by health and                        
  environmental considerations and is affordable.  He stressed                 
  the chemicals being discussed are among the most dangerous                   
  and even small amounts of dioxin have been shown to produce                  
  harmful effects on human reproductive, immune and nervous                    
  systems.  He concluded that DEC is asking Alaskans to be at                  
  increased risks of cancer and for birth defects to enable a                  
  few polluting industries to save money.                                      
                                                                               
  MR. TOAL stated DEC should continue to prohibit the                          
  discharge of toxic chemicals in toxic amounts in state                       
  waters.  He stressed the proposed revisions would amount to                  
  a wholesale advocation of the department's responsibilities                  
  and mission and the people of Alaska deserve more than that.                 
                                                                               
  Number 422                                                                   
                                                                               
  GREG STREVELER, GUSTAVUS, stated cancer is a cumulative sort                 
  of issue and with not being scientific enough to accumulate                  
  all the information into one number and approach, it is                      
  important to be conservative when possible.  He stressed EPA                 
  has provided the opportunity to be conservative by adopting                  
  the 1 in 1 million standard.                                                 
                                                                               
  Number 446                                                                   
                                                                               
  PATRICIA KING, FRITZ CREEK, said she just returned from a                    
  conference where 179 scientists from 13 countries shared                     
  their findings about contaminates in northern latitudes and                  
  they have discovered many chemical contaminates are                          
  traveling through the atmosphere from areas further south                    
  and being deposited into Arctic regions.  She said as                        
  contaminates travel north and are deposited in northern                      
  latitudes, their half-lives are longer.                                      
                                                                               
  MS. KING stated there is a concern amongst the scientific                    
  community  as to the potential health effects on the Native                  
  people who subsist on a diet of fish and marine mammals.                     
  She felt DEC should be taking a more active role in                          
  researching what is present already instead of relaxing                      
  standards to allow more contaminates.                                        
                                                                               
  Number 506                                                                   
                                                                               
  CHRIS CHAVASSE, FRITZ CREEK, stressed his dissatisfaction                    
  with any relaxation of water quality and discharge standards                 
  and felt it was incongruous for DEC to continue pressing the                 
  issue, given the fact that over 160 nations signed on to                     
  Principle 15 of the Rio Declaration which came from Earth                    
  Summit, to which Governor Hickel was a participant.  He                      
  advised the Principle emphasizes a precautionary approach in                 
  regards to discharge of toxic materials and pollutants into                  
  the atmosphere, water bodies or any environment on the                       
  planet.                                                                      
                                                                               
  MR. CHAVASSE said as noted previously, the problems with                     
  bioaccumulation and biomagnification are issues which remain                 
  unaddressed by DEC.  He felt people in the north are already                 
  subject to increased amounts of contaminates coming in by                    
  oceanic and atmospheric transport.  He stressed more is                      
  deserved from DEC.                                                           
                                                                               
  Number 551                                                                   
                                                                               
  CHAIRMAN WILLIAMS stated for the record 22 members have                      
  testified and two were pro.                                                  
                                                                               
  Number 558                                                                   
                                                                               
  CLIFF TARO, PRESIDENT, SOUTHEAST STEVEDORING CORPORATION,                    
  KETCHIKAN, stated he endorsed the comments made by Ernesta                   
  Ballard and Alaire Stanton.  He said his companies (9)                       
  employ over 500 workers and the subject of regulatory                        
  revisions is important to the continued operation of his                     
  companies and the prosperity of the people he employs.  He                   
  stressed most everyone supports environmental regulations                    
  which maintain the health of the state's citizens directly                   
  and through the natural existing food chains.                                
                                                                               
  Number 575                                                                   
                                                                               
  MR. TARO continued that equally important is the maintenance                 
  of the state's economy and stressed the proposed regulations                 
  directly impact the economic health of his operations as                     
  well as the physical health of people.  He said there is a                   
  problem that existing regulations are being applied in new                   
  ways resulting in requirements that may not make sense in                    
  the overall balance of environmental and economic                            
  protection.                                                                  
                                                                               
  Number 590                                                                   
                                                                               
  MR. TARO stated he can understand why present toxic control                  
  limits applied need to be amended to reflect today's                         
  realities but cannot understand the new limits proposed                      
  which would make even seawater fail to meet the standards.                   
  He expressed his support of common sense revisions to                        
  present water quality regulations and endorse and support                    
  the provisions to be made for all types of activities.                       
                                                                               
  MR. TARO said natural background conditions must be                          
  considered in the revisions.  In summary, he stated he                       
  trusts DEC will consider his comments as support of the wise                 
  use of the state's natural and economic resources, and                       
  regulations be implemented which do not overly protect the                   
  environment to the detriment of the citizens who want to                     
  continue to live and work in Alaska.                                         
                                                                               
  Number 625                                                                   
                                                                               
  ALLIS MAY DAVIS, WARD COVE, stated she is a hand troller and                 
  spends a lot of time sport fishing.  She said she is very                    
  respectful of the beauty and bounty of Alaska and it is very                 
  important to her the state continue with the present water                   
  quality standards.  She requested DEC to adopt the most                      
  protective cancer risk level possible, at least the l in 1                   
  million.  Ms. Davis stated she does not want treatment works                 
  to be exempt from the standards and would like DEC to keep                   
  current laws prohibiting mixing zones.                                       
                                                                               
  Number 660                                                                   
                                                                               
  ROLLO POOL, MANAGER, PUBLIC RELATIONS, ALASKA PULP                           
  CORPORATION, SITKA, stated his corporation owns two large                    
  manufacturing facilities in Southeast Alaska, and employs                    
  500 people.  He said during the past month, the largest                      
  facility was closed, with 300 people being laid off.  He                     
  stated his company supports the Alaska Forest Association                    
  position on the proposed standards.                                          
                                                                               
  MR. POOL noted the critics overwhelming opposition to the                    
  water quality regulations and stated the logical presumption                 
  is the people of Alaska have spoken.  However, he stressed,                  
  realistically only 1/2 of one percent of the population has                  
  spoken, hardly a mandate.  He stated DEC has done a horrible                 
  job of communicating risks, and of putting into perspective                  
  various pollution risks.  He further stated, DEC has                         
  produced fear for the group of people that advocates zero                    
  risk, not low risk and actual risk has been confused with                    
  acceptable risk with no risk at all.                                         
                                                                               
  Number 700                                                                   
                                                                               
  MR. POOL said industry has also done a horrible job of                       
  communicating its ideas during public hearings.  He stressed                 
  what has been learned through the process is that there is                   
  nothing more precious than water, the purity and                             
  availability of it.  He stated the public hearing process is                 
  flawed when used to interpret public opinion and sentiment,                  
  and there are ways in which DEC can deal with issues in a                    
  less confrontational environment.                                            
                                                                               
  MR. POOL felt that if DEC really wanted to educate and also                  
  learn from the public, it should use mediation techniques                    
  such as communicators, not technicians to express its ideas;                 
  it should hold workshops over several months not a few days;                 
  it should use focus groups and public opinion surveys.  He                   
  stated DEC should learn that public hearings are not a good                  
  way to gauge public concern.                                                 
                                                                               
  MR. POOL noted the Alaska Forest Association has done                        
  statewide public opinion surveys of voters and has found                     
  overwhelming support of logging.  In addition, public                        
  opinion surveys in Juneau also show high approval for                        
  mining.  He mentioned a survey done last year by the                         
  Institute for Regulatory Policy found that 8l percent of                     
  1300 health professionals in the U.S. felt public health                     
  dollars for reduction of environmental health risks are                      
  improperly targeted and 87 percent said it is impossible to                  
  accurately calculate human cancer deaths based solely on                     
  animal studies.  He said their findings were to make risk                    
  assessments as scientifically objective as possible; make                    
  the results of risk assessments more accurate and                            
  understandable.                                                              
                                                                               
  TAPE 93-51, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MR. POOL stated when choosing an acceptable risk level,                      
  regulators should also consider the public health risks                      
  caused by regulation.  He said if regulatory costs are                       
  excessive, the regulator may inadvertently cause more harm                   
  to the health status of families. He stressed before                         
  companies are bankrupted and thousands of workers are sent                   
  scrambling for food lines and unemployment, there should be                  
  a better understanding of what will be achieved and know the                 
  costs in terms of companies, jobs and communities.                           
                                                                               
  Number 007                                                                   
                                                                               
  HELEN DRURY, SITKA, stated she is a nutritionist and                         
  understands the importance of clean and proper nutrients in                  
  people's bodies.  She said the proposed water quality                        
  standards seem to have been established solely to                            
  accommodate industry, political and economic pressures.  She                 
  stressed a plan should be adopted which accommodates the                     
  fishing industry and it is time to give that industry top                    
  priority because it's needs also meet the needs of human                     
  health in the state.                                                         
                                                                               
  MS. DRURY felt Alaska is lucky to have a major industry                      
  which is compatible with human health and the environment                    
  and everything possible should be done to protect it.  She                   
  said the regulations should stick to the original intent of                  
  the Clean Water Act, that there be no discharge of toxic                     
  pollutants into Alaska's waters.                                             
                                                                               
  Number 030                                                                   
                                                                               
  ROBERT CHEVALIER, SITKA, stated he had the opportunity to                    
  spend   time during the past summer fishing for "poisoned"                   
  fish and wondered how he can take pride in his work, feed                    
  his family or sell the fish to anyone else.  He asked how                    
  large the mixing zone really is in Sitka Sound and stated                    
  pollution is bad management.  He felt DEC and Governor                       
  Hickel are trying to use the regulatory process to allocate                  
  away from community-based industry in favor of poorly                        
  managed, exploitative, multinational industry and poison                     
  fish, birds, animals, plants and people in order to do it.                   
                                                                               
  Number 064                                                                   
                                                                               
  ELDON DENNIS, CO-CHAIRMAN, WATER QUALITY COMMITTEE, UNITED                   
  SOUTHEAST ALASKA GILLNETTERS (USAG), JUNEAU, stated it is                    
  not USAG's position to impede or regress industrial                          
  development in the state but believes industries must not be                 
  allowed to impose negative impacts on the fishing industry                   
  for their benefit.  He said the proposed water quality                       
  standards would cost the fishing industry while benefitting                  
  other industries and therefore, USAG opposes the standards.                  
                                                                               
  Number 086                                                                   
                                                                               
  MR. DENNIS stressed the fishing industry is dependent on the                 
  continued availability of clean water and noted there is a                   
  valuable market perception of safe, clean seafood which many                 
  producers envy.  He stated damaging that image could cause a                 
  negative economic impact on the fishing industry in Alaska.                  
  He said regulations which have the potential to diminish                     
  this valuable image must not be allowed to go into effect.                   
                                                                               
  MR. DENNIS said the states of Washington and Oregon each has                 
  substantial salmon, timber, pulp and mining industries and                   
  pointed out those states have adopted a cancer risk level of                 
  1 in 1 million.  He stressed it is unacceptable for the                      
  state to adopt a 1 in 100,000 cancer risk level and force                    
  the negative market comparison that Alaska's seafood comes                   
  from water which is ten times more polluted than the seafood                 
  from those states.                                                           
                                                                               
  MR. DENNIS remarked one of the most obvious problems with                    
  the proposed regulations is the fact they will almost be                     
  impossible to enforce, as in many places the criteria for                    
  compliance is vague, imprecise or left to the discretion of                  
  DEC.  He stressed something as important as clean water must                 
  be regulated with clear, concise and measurable parameters.                  
  He said USAG supports the recommendations of the Alaska                      
  Clean Water Alliance.                                                        
                                                                               
  Number 127                                                                   
                                                                               
  PAULA TERREL, THANE NEIGHBORHOOD ASSOCIATION, JUNEAU, stated                 
  she is representing a homeowners association, which has 130                  
  property owners, interested in the water quality standards                   
  because they will be most impacted by the proposed A-J Mine.                 
  She said water quality is the biggest issue involved and the                 
  association is totally opposed to the water quality                          
  standards.                                                                   
                                                                               
  MS. TERREL stressed the association initially trusted the                    
  administration to protect public health and have found the                   
  proposed standards were written to facilitate industry and                   
  specifically, to facilitate the permitting of the A-J Mine                   
  and gave examples.  She asked what role the legislature                      
  plays in regard to the regulations.                                          
                                                                               
  Number 174                                                                   
                                                                               
  CHAIRMAN WILLIAMS said it was the first hearing and their                    
  plan is to review testimony and advise DEC.                                  
                                                                               
  Number 183                                                                   
                                                                               
  STEVE HAGAN, MANAGER, KETCHIKAN PULP COMPANY (KPC),                          
  KETCHIKAN, stated in adopting the proposed water quality                     
  standards, DEC must consider the impact they will have on                    
  the state's citizens, municipalities, and industries.  He                    
  stressed the regulations must be reasonable, and                             
  environmentally and economically sound in assuring the                       
  protection of the environment, yet not jeopardizing the                      
  present economic base for the future growth of the state.                    
                                                                               
  MR. HAGAN said KPC supports DEC's choice of the ten to the                   
  minus five human health risk level and supports the decision                 
  to allow mixing zones where they can safely be used.  He                     
  added KPC supports DEC's decision to allow consideration of                  
  natural background conditions when setting discharge levels.                 
  He stated KPC rejects the need for any color restrictions                    
  and pointed out most of Alaska's waters are colored due to                   
  the presence of naturally occurring substances.                              
                                                                               
  Number 220                                                                   
                                                                               
  MARILYN LEE, KETCHIKAN, stated her family sport fishes, she                  
  has a hand troll permit, and her husband has a charter boat                  
  license, so tourism and fishing are important to their                       
  family.  She gave her support to the Alaska Trollers                         
  Association position on the proposed water quality                           
  standards.  She asked DEC to consider, when figuring an                      
  acceptable cancer risk level, that rural Alaskans eat, on an                 
  average, 256 pounds of fish annually.                                        
                                                                               
  MS. LEE stressed relaxing risk levels most affect the                        
  village populations and follows an alarming trend in the                     
  country that minorities bear the brunt of risk for                           
  pollution.  She reiterated 34 states have established the 1                  
  in 1 million risk level.                                                     
                                                                               
  Number 245                                                                   
                                                                               
  KATY FRENCH, KETCHIKAN PULP COMPANY, testifying for the                      
  ENVIRONMENTAL (inaudible) OF ALASKA, said the site specific                  
  criteria regulatory issue paper states the differences                       
  between the natural background levels and the criterion to                   
  consider the waters (inaudible) capacity.  She said                          
  background color in Southeast Alaska is higher than the                      
  present and proposed color limits, suggesting water quality                  
  body is not healthy and has no simulative capacity.  She                     
  stressed DEC needs to realize Southeast Alaska waters have                   
  high background color, which is OK and therefore, criteria                   
  is too low.   Ms. French stated her support of the 1 in                      
  100,000 policy.                                                              
                                                                               
  Number 264                                                                   
                                                                               
  MEREDITH MARSHALL, KETCHIKAN, stated in 1992 she submitted                   
  extensive, technical written testimony and a person from DEC                 
  attending the meeting said he would look it up and put it in                 
  the committee's record.  She gave her support of the 1 in                    
  100,000 human health risk criteria and asked for a level of                  
  fairness on the color issue.  She said the state's water is                  
  naturally 30 to 180 units and to ask for the bleaching of                    
  discharge water to 15 is ludicrous.  Ms. Marshall said there                 
  is no need to overregulate.                                                  
                                                                               
  Number 290                                                                   
                                                                               
  ROLAND STANTON, KETCHIKAN, stated he found it ironic that a                  
  society will spend three years discussing regulation which                   
  may or may not kill one person, while the same level of risk                 
  by cigarettes kills 22,000 people in the same time period.                   
  He felt there is no reality to the 100,000 safety standard                   
  and there is no reality to drinking water standards in the                   
  sea and gave examples.  He said the new standards require                    
  you to live l00,000 lifetimes and more to build up to a                      
  harmful level and gave examples.                                             
                                                                               
  Number 348                                                                   
                                                                               
  ALLYN HAYES, KETCHIKAN, stated his support of the 1 in                       
  100,000 risk level, and to reasonable mixing zones.  He                      
  voiced his concerns that certain people testifying on the                    
  issues would like the public to believe that by DEC's                        
  relaxing the standards, water quality is going to                            
  degenerate, which is not true.  He pointed out that over the                 
  years, as science and technology achieved new levels,                        
  small concentrations of compounds have been able to be                       
  measured.                                                                    
                                                                               
  MR. HAYES said drinking water standards have generally been                  
  applied to all discharges upon implementing the rules.  He                   
  said the levels have never been achieved and at this point,                  
  an attempt for implementation is being made by having more                   
  reasonable but still stringent guidelines such as the 1 in                   
  100,000 method.  He stressed communities, government and                     
  industries have a chance to work together to improve the                     
  water quality in Alaska.                                                     
                                                                               
  MR. HAYES felt the l in 100,000 risk level does not put                      
  anyone at risk for cancer since fully contaminated fish is                   
  what is being talked about, not just any fish eaten and most                 
  of the bioaccumulation in fish is in their internal organs,                  
  not in their flesh.                                                          
                                                                               
  Number 380                                                                   
                                                                               
  CONSTANCE GRIFFITH, KETCHIKAN, stated she does not                           
  understand why more arsenic should be added to already high                  
  background levels and pointed out the arsenic bioaccumulates                 
  in fish and humans.  She said the cost to municipalities and                 
  jobs loss is a cost of doing business in order to maintain                   
  the environment as it was.  She said the Alaskan people have                 
  fished and depended on fish in their diets, will continue to                 
  do so and their concerns need to be taken seriously.                         
                                                                               
  Number 425                                                                   
                                                                               
  TROY REINHART, EXECUTIVE DIRECTOR, ALASKA FOREST ASSOCIATION                 
  (AFA), KETCHIKAN, reemphasized that many people have                         
  testified and their remarks should be seriously considered.                  
  He said AFA supports the human health risk standard of 1 in                  
  100,000 and feels it is acceptable for meeting water quality                 
  standards and the safety of Alaskans.  He noted he can                       
  sympathize with those who have dealt with cancer on a                        
  personal level and have expressed their concerns, but having                 
  a human health risk level over 1 in 100,000 is excessive.                    
                                                                               
  MR. REINHART said AFA supports the use of mixing zones;  AFA                 
  supports treatment works and continued exemption of                          
  discharge; AFA supports the finding of specific levels of                    
  natural background levels.                                                   
                                                                               
  Number 465                                                                   
                                                                               
  DAVE KATZ, SOUTHEAST ALASKA CONSERVATION COUNCIL (SEACC),                    
  KETCHIKAN, stressed lowering Alaska's water quality                          
  standards is bad for Alaska.  He said it is perceived that                   
  the lowering of the standards is being done primarily to aid                 
  certain industries at the expense of other industries,                       
  hurting Alaskans from all walks of life.  He stressed the                    
  proposals will hurt fisherman and the public by raising                      
  their risk of cancer and hurting their quality of life.                      
                                                                               
  MR. KATZ said his belief is that Ketchikan Pulp Company has                  
  never been in complete compliance with its water quality                     
  permit and the Ketchikan Pulp Mill is the worst toxic water                  
  polluter in the entire Pacific Northwest, based on EPA                       
  reports.  He said the problem is not the standards as they                   
  are but the polluters who should be looking for ways to                      
  clean up.                                                                    
                                                                               
  MR. KATZ stated SEACC is concerned about the economic                        
  welfare of Southeast Alaska and believes the state should                    
  move forward to find an economy that protects and maintains                  
  resources.  He stated SEACC believes the cancer risk level                   
  should be at least ten to the minus six and there should be                  
  no mixing zones for carcinogens.  He concluded it is time to                 
  clean up, not make Alaska dirtier.                                           
                                                                               
  Number 543                                                                   
                                                                               
  JACK LEE, CHAIRMAN, TONGASS SPORTFISHING ASSOCIATION, WARD                   
  COVE, stated his association agrees with what the Alaska                     
  Trollers Association and the United Fishermen of Alaska                      
  said.  He said his association opposes any relaxation of the                 
  clean water standards and stressed 34 other states with                      
  similar economic bases successfully have the 1 in 1 million                  
  risk factor.                                                                 
                                                                               
  MR. LEE felt Alaskans deserve the highest level of                           
  protection from cancer risk.  He said his association does                   
  not want bodies of water turned into mixing zones for                        
  pollutants.  He stated it is better and cheaper in the long                  
  run to keep Alaska's water clean.                                            
                                                                               
  Number 615                                                                   
                                                                               
  JIM FOSTER, KETCHIKAN, said revised water quality standards                  
  are designed to make it easy for industry to pollute.  He                    
  stated his opposition to the proposals.  He stressed the                     
  most apparent risk to health is the proposal to adopt a 1 in                 
  100,000 cancer risk level and wondered why people should                     
  suffer an increased cancer risk, so a small group of                         
  individuals can make millions in profit.  He voiced his                      
  support of a no risk level.                                                  
                                                                               
  MR. FOSTER stated the risk level applies to each of the 126                  
  toxic chemicals listed, so the actual risk is the                            
  combination of each individual risk level people are exposed                 
  to.  He said DEC should consider the facts and enter them                    
  into the regulations.  He stated in regard to mixing zones,                  
  he would like proof that there will be no negative effects.                  
  He added there are many instances of ambiguous language                      
  within the proposed revision which makes it easier to                        
  pollute.                                                                     
                                                                               
  MR. FOSTER said suggested new language has already been put                  
  into public record by the Alaska Clean Water Alliance and                    
  felt DEC should study the suggested language and incorporate                 
  it into the revisions.  He stressed DEC has the                              
  responsibility to take into account that public testimony.                   
                                                                               
  MR. FOSTER remarked DEC should not allow accumulation of                     
  sediments in mixing zones as they can be disturbed.  He                      
  wondered who will buy fish from a state polluting its                        
  waters; who will tour a state touted as a pristine                           
  wilderness when they find out the state is willing to                        
  destroy that wilderness with cumulative toxins?                              
                                                                               
  MR. FOSTER relayed information regarding employees fired                     
  from Ketchikan Pulp Company and said he would submit the                     
  testimony in writing, as he felt the testimony should be                     
  looked at in order to make industrial compliance more                        
  realistic.  He stressed DEC needs to implement a program for                 
  ensuring that testing by industry is done properly.                          
                                                                               
  Number 701                                                                   
                                                                               
  JOHN PETERSON, KETCHIKAN, voiced his support of DEC's                        
  proposed water quality standards.  He stated it is                           
  distressing to see  public policy being made pursuant to                     
  public outcry, and felt policy should be rationally based on                 
  a reasonable analysis of the various circumstances present.                  
  He noted the 1 in 100,000 risk level is one third more                       
  cautious than the chance of being struck by lightening (3 in                 
  100,000).  Mr. Peterson said regulations need to be                          
  reasonable and rational.                                                     
                                                                               
  TAPE 93-52, SIDE A                                                           
  Number 000                                                                   
                                                                               
  MR. PETERSEN stated there is a need to be more realistic                     
  about balancing the economy, making a livelihood and                         
  regulating water quality.  He said he would be interested in                 
  knowing what the fish processing industry says about the                     
  proposed water quality standards.  He stressed there is a                    
  trade-off between dollars and risk and the trade-off should                  
  be sensible to ensure everyone can survive and make a                        
  living.                                                                      
                                                                               
  Number 016                                                                   
                                                                               
  CHAIRMAN WILLIAMS asked the committee members which                          
  direction they would like to go.                                             
                                                                               
  Number 020                                                                   
                                                                               
  REPRESENTATIVE HUDSON stated a lot of testimony on both                      
  sides of the issue had been heard and suggested the hearing                  
  be concluded.  He asked those still left on the line to                      
  present their written testimony to the committee and DEC.                    
  He suggested the committee then examine what has been heard                  
  and determine whether an additional hearing is needed.                       
                                                                               
  Number 037                                                                   
                                                                               
  CHAIRMAN WILLIAMS suggested the public comment period be                     
  extended for two weeks.                                                      
                                                                               
  Number 049                                                                   
                                                                               
  REPRESENTATIVE HUDSON stated the committee could use more                    
  information from DEC in regard to cost factors, on whether                   
  there is a middle ground on the risk level and perhaps look                  
  at the entire picture.  He felt the public also needs more                   
  information.                                                                 
                                                                               
  Number 066                                                                   
                                                                               
  CHAIRMAN WILLIAMS said there have been comments regarding                    
  the administration not being sensitive to the proposals at                   
  hand and stressed it is a difficult issue for everyone to                    
  understand.  He felt correct, factual information, not                       
  heresay, needs to come before the committee.                                 
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  There being no further business to come before the House                     
  Resources Committee, Chairman Williams adjourned the meeting                 
  at 5:10 p.m.                                                                 

Document Name Date/Time Subjects