Legislature(1993 - 1994)
10/25/1993 01:30 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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