SB 121-PFAS USE & REMEDIATION; FIRE/WATER SAFETY  4:10:54 PM CHAIR REVAK reconvened the meeting and announced the consideration of SENATE BILL NO. 121 "An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl substances; relating to the duties of the Department of Environmental Conservation; relating to firefighting substances; relating to thermal remediation of perfluoroalkyl and polyfluoroalkyl substance contamination; and providing for an effective date." 4:11:13 PM SENATOR KIEHL, speaking as sponsor of SB 121, stated this legislation deals with per- and polyfluoroalkyl substances, more commonly known as PFAS. These chemicals have been around a long time, both because they are effective in firefighting and because they do not break down once they are in the environment. They are referred to as forever chemicals and they are particularly hazardous to human health. He continued the introduction paraphrasing excerpts of the following sponsor statement: Per- and polyfluoroalkyl substances (PFAS) are a group of chemicals harmful to human health. They are linked to serious health conditions including low birth weight, thyroid disease, and cancer. Low levels of exposure are common because PFAS can be found in products from non-stick cookware to waterproof jackets. But large-scale exposures happen where certain firefighting foams or other compounds containing PFAS seep into drinking water and linger for years. Alaska's Department of Environmental Conservation declared PFAS hazardous substances several years ago. Senate Bill 121 sets health-protective limits on the amount of PFAS in drinking water. The bill guarantees Alaskans in areas with a lot of PFAS will get clean drinking water and their blood levels checked. To prevent future pollution, SB 121 bans PFAS foams starting late in 2021 when the Federal Aviation Administration stops forcing airports to use them (unless some other federal law preempts.) Because there is no effective alternative for the intensity of fire threat oil & gas operations face at refineries or the Trans Alaska Pipeline terminal, the bill carves out an exemption for those producing, transporting, or refining oil and gas until the State Fire Marshal determines an effective non-PFAS substance could do the job. SENATOR KIEHL stated SB 121 lists the six PFAS chemicals about which the most is known and sets protective standards for how much can be in drinking water without danger to Alaskans. This is not about site cleanup; it is about the water that comes from taps and wells. The bill stops additional discharge of PFAS chemicals into the environment except where they are federally required. For spills that may impact drinking water, SB 121 maintains the current state standard that requires the polluter to pay. SENATOR KIEHL highlighted that the bill requires DEC to take from Alaskans each year up to 25 gallons of PFAS-containing concentrates. There is no intention for the state to be the recipient of all the PFAS in the state, but this will help small villages that have received a lot of PFAS from the state over the years, but do not have the funds to dispose of these hazardous chemicals. 4:16:16 PM SENATOR KIEHL mentioned the fiscal note and pointed out that there would be costs associated with PFAS whether the bill passes or not. He highlighted that the state has joined the growing list of states that have filed suit against the manufacturer to help recover some of what it will cost to get clean drinking water for Alaskans because these chemicals are in the environment. He described SB 121 as a balanced and responsible approach to end new PFAS contaminations and to ensure clean drinking water for those whose water has been contaminated. 4:17:25 PM CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 121 that read as follows: Sec. 1 of the bill creates five new sections in AS 46.03: Sec. 46.03.340: Standards for Clean Drinking Water & Blood Testing Sec. 46.03.340(a): Directs the Department of Environmental Conservation to make sure drinking water near PFAS spills is tested. Requires the department to make sure anyone with contaminated drinking water gets clean drinking water and a voluntary blood test for PFAS levels. Sec. 46.03.340(b): Sets health-based maximum levels of contamination in drinking water for seven PFAS chemicals and maintains DEC's authority to set more protective thresholds. Sec. 46.03.340(c): Requires DEC to make sure a responder exposed to PFAS contamination gets a voluntary blood test for PFAS levels. Sec. 46.03.345: Who is responsible for providing drinking water and blood testing? Sec. 46.03.345(a): Clarifies the causer of a fire is liable for providing drinking water and blood testing if PFAS-containing foam is used to fight the fire. Creates an exemption for residential fires and non-commercial motor vehicle fires. Sec. 46.03.345(b): A fire department is not liable for providing drinking water and blood testing, or site clean-up if they used PFAS- containing foam to fight a fire. This section maintains existing liability for fire fighters if they use PFAS-containing foam for training or testing. Sec. 46.03.345(c): Clarifies this bill doesn't change a responsible party's liability described elsewhere in DEC statutes. Sec. 46.03.345(d): Defines "motor vehicle" and "residential building" for purposes of this section. Sec. 46.03.350: Who can still use PFAS containing foams? Sec. 46.03.350(a): The oil & gas industry may continue using PFAS containing foams until an alternative is approved through regulation. Sec. 46.03.350(b): The fire marshal can determine there is a safe and effective PFAS- free foam for fighting large oil or gas fires only if the alternate foam is listed by an organization in OSHA's Nationally Recognized Testing Laboratory Program. The fire marshal must require the new foam by regulation, with a stated effective date. Sec. 46.03.350(c): DEC must take up to 25 gallons per year of PFAS-containing firefighting foam from Alaskans for disposal. Sec. 46.03.350(d): When federal law no longer requires firefighting foams with PFAS in them at airports, everyone outside the oil & gas industry must stop using PFAS-containing foams, unless federal law preempts Alaska law. Sec. 46.03.355: Requires a facility treating PFAS through thermal remediation to get a Clean Air Act Title V permit. Sec. 46.03.359: Lists the PFAS compounds covered by this bill and maintains DEC's authority to list more. Sec. 2 of the bill adds applicability provisions: Sec. 2(a): A responder exposed to PFAS on or after Jan. 1, 2019 is eligible for a voluntary blood test. Sec. 2(b): The requirements to test drinking water and provide clean drinking water and a voluntary blood test applies to past and future PFAS contamination. Secs. 3-6 of the bill add effective dates: Sec. 3: DEC can adopt regulations before the effective date of the bill, so long as they do not go into effect before the bill. Sec. 4: Effective date of Oct. 4, 2021 for the ban on PFAS-containing foam. Sec. 5: Immediate effective date for the applicability and transition language in Sec. 2 & 3. Sec. 6: The rest of the bill takes effect Jan. 2, 2022. 4:21:06 PM SENATOR STEVENS mentioned the PFSAS contamination in Yakutat and asked how widespread PFAS contamination is in Alaska and if any alternatives were available. 4:21:37 PM SENATOR KIEHL answered the contamination is very widespread. The federal government has required every airport that lands jets to have these fire-fighting foams on hand. Fortunately, not all of these airports have a source of drinking water nearby, but the airports in Yakutat, Gustavus, Dillingham and some others certainly are affected. He noted that the legislature several years ago funded DEC to conduct tests in certain areas. He said he believes the department will find significant additional areas of contamination. As to alternatives, he said much of the European Union requires fluorine-free foams for firefighting and there is a great deal of research on new alternatives being done in the U.S. He noted that the Alaska state fire marshal is training and staying abreast of developing technologies, some of which are very promising. SENATOR STEVENS observed that Alaska was not yet in the position to require an alternative such as fluorine-free foams. SENATOR KIEHL replied it is important to know that, because there are highly effective alternatives, the Federal Aviation Administration (FAA) is ending its requirement for PFAS foams to be kept on site at airports. He added that his office worked with the Alaska Oil and Gas Association (AOGA) in particular to carve out an exception for the oil and gas industry in Alaska until there is a viable alternative. 4:24:26 PM CHAIR REVAK announced invited testimony. 4:24:45 PM KELLY MCLAUGLIN, advocate, Gustavus PFAS Action Coalition, Gustavus, Alaska, stated she first became aware of PFAS in August 2018 when DEC notified her that the water at the Gustavus School and several wells near the airport were contaminated with PFAS. Her subsequent research revealed that PFAS are a very large and widespread group of toxic chemicals about which there is insufficient information and protection. The water from her well is unsafe for humans or animals to drink or use and it is unsafe on the garden; the water at the school is similarly unsafe. MS. MCLAUGLIN described SB 121 as a step in the right direction to protect the health of Alaskans. The bill is about protecting water but ultimately the wild places where Alaskans live and hunt and harvest need protection from these toxic chemicals. They do not break down and remediation is difficult. She pointed out that taking action to eliminate the use of PFAS chemicals will save the state money in the future. She noted that many states are more proactive in regulating PFAS as a class and capping levels at about 20 parts per million. MS. MCLAUGLIN reported that the Gustavus PFAS Action Coalition has worked with Indiana University and the Alaska Community Action on Toxics (ACAT) and learned there is a direct correlation between PFAS levels in the water and PFAS levels in the blood of those whose water source has been affected. She concluded that SB 121 offers the opportunity to remedy what she calls mass poisoning of Alaskans. 4:29:42 PM JOHN KENNISH, PhD, Alaska Community Action on Toxics, Anchorage, Alaska, stated he is a retired chemist who taught chemistry for 36 years. He was asked to represent ACAT in this hearing because of his research at the Oregon Health Sciences Center on specific flame retardants used on children's pajamas called halogenated hydrocarbons. These compounds produce free radicals when they start to burn that react with oxygen radicals that are present and stop the fire "nearly in its tracks." In this application they are extremely effective. The problem is they have a lot of toxicity. He explained that in this context, toxicity has to do with the response in the human body to the chemicals. They affect the genetic composition of the body as well as the immune system, the result of which is extreme health issues. DR. KENNISH lauded the caliber of SB 121 and stressed the importance of applying it to help the average Alaskan in terms of exposure and the quality of water they drink. 4:32:23 PM SENATOR STEVENS asked Dr. Kennish if he agreed with Ms. McLaughlin's comment that this is a step in the right direction. DR. KENNISH answered yes it is the best statement at this time. He added that it is unfortunate, but these problems are long- lived, and it will likely take years to find an appropriate solution to the chemical structure in replacement retardants. Speaking as a chemist, he said it is ridiculous that states have to deal with an issue that the federal government and the manufacturers should have addressed years ago. 4:33:34 PM CHAIR REVAK asked at what concentration these chemicals become toxic to humans. DR. KENNISH answered the human cellular response to these materials is at extremely low concentrations, which is why decontamination efforts are so difficult. 4:35:17 PM CHAIR REVAK found no further questions or comments and announced he would hold SB 121 in committee for further consideration.