SRES 2/22/95 SB 69 REPORTING OF HAZARDOUS SUBSTANCE  Number 001 CHAIRMAN LEMAN called the Senate Resources Committee meeting to order at 3:50 p.m. and announced SB 69 to be up for consideration. ANNETTE KREITZER, Resources Committee Aide, explained that SB 69 is not a new idea. The State Emergency Response Commission first considered this back in 1987-88. Currently there are two placarding programs; one is under Title 18 done by the State Fire Marshal's office which has placarded 14 sites outside the Municipality of Anchorage and under Title 29 which allows municipalities to have their own placarding program. SB 69 would allow the continuance of the Title 29 placarding program, but it would delete the State Fire Marshal's placarding program. It would also create a single application form of 4 pages taken from the current EPA Tier II form. PEGGY GOODSTEIN, ARCO Alaska, testified in support of SB 69 which, she said, is a real improvement in chemical reporting. It will simplify regulations and reduce costs while still providing protection for emergency response personnel and the community. CHESTER WEGER, Acting Director, Division of Fire Prevention, said he would answer their questions. SENATOR HALFORD commented on the fact that the existing law allows a municipality to require reporting in lesser quantities than the State law and asked him if any municipalities had done that. MR. WEGER answered that the only municipality that has their own program is Anchorage. Their reporting quantities are the same as the state law. Removing that authority wouldn't have an effect on any existing requirement. He said the current program that has been in effect since 1987 is not working. SENATOR LEMAN asked why there were only 14 sites placarded. MR. WEGER answered that the primary reason is that they don't have the enforcement personnel to enforce the program. RITA VENTA, Anchorage Fire Department, said she is the Administrator of the Community Right-to-Know Program for the Municipality of Anchorage. She said 730 businesses participate in their program and she said their placarding program is 95% effective. She said she didn't have a problem with the standardized Tier II form. It is important to their patrons in Anchorage and to fire prevention to be able to maintain their reporting requirements. She noted that their requirements are the same as state requirements, but those are more stringent than federal requirements. The teleconference connection broke at this point and Ms. Venta was disconnected. Number 160 MS. KREITZER clarified that SB 69 would require a change in the Anchorage program. The change is on page 2, lines 27 and 28 where it deletes "a consumer commodity of a hazardous material in the quantity of more than 1,000 lbs" and the reason is it covers facilities like K-Mart or Wal-Mart where there are large quantities of fertilizers and paint remover, etc. Fire departments readily acknowledge that it is easy to recognize that these stores those kinds of things. Number 211 SENATOR FRANK asked what a placard does. MS. KREITZER said it's purpose is warn first responders and fire fighters that there is a hazard in the building. There have been additional federal requirements for reporting and facilities must now report directly to fire departments and to local emergency planning committees. It brings about the question of whether there is a need for this redundant program of marking with a placard when fire departments go in and do pre-fire planning surveys. Basically, she said, this bill is attempting to bring about one form for four reporting requirements - Emergency Planning, Community Right-to-Know, the Fire Marshal, and handling the municipality placarding in Title 29. She said the placard goes on the outside of a building. Number 256 MS. VENTA commented that the placarding program works very well for them and it is used for above ground fuel storage, but is not needed for underground tanks. She felt it was important to keep hazardous waste and acute hazardous waste listed in the bill. Even though they are regulated in other areas, it is important to know those items are on-site, especially if they are in large quantities. She had no problem with dropping the consumer commodity reporting requirement of 1,000 lbs. The state and municipality requirements are significantly lower than EPA's. For most things it is 500 lbs. and for EPA it's 10,000 lbs. SENATOR FRANK commented that was a big difference. MS. VENTA explained that there were no federal requirements when Anchorage and the State set their requirement figures. MS. KREITZER said in writing this legislation the working group attempted first of all to agree on what was to be reported and to try to get the same things reported under all the different laws. Secondly, they addressed the question of quantities. SENATOR LINCOLN noted that while the Alaska Local Emergency Planning Committee Association supports the legislation, they listed five areas as suggestions for compromise. She asked if any of those were in the bill or was there any thought to incorporate those items in the bill. She didn't know for sure if exempting facilities out of a public fire response jurisdiction would help the smaller communities or tie their hands further. She said these concerns could be addressed at a later meeting. MS. KREITZER explained regarding exempting facilities, unless a city elected to begin a placarding program, they are exempt. The repeal of AS 18.73.10 does this and on page 2, line 6. MS. VENTA came back on line and responding to a question listed some of the hazardous substances currently reported like gasoline, diesel, paint thinners, solvents, etc.. She mentioned that in Anchorage there are a number of radio active sites.