SB 121-PFAS USE & REMEDIATION; FIRE/WATER SAFETY  3:35:20 PM CHAIR REVAK 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." 3:36:11 PM SENATOR JESSE KIEHL, speaking as sponsor, stated that SB 121 is the first step in dealing with the problem of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in Alaska. PFAS are a class of chemicals that includes thousands of chemicals in the class. SB 121 deals with the chemicals that have the best and most thorough science showing the chemicals are a threat to one's health. The seven chemicals listed in the bill have any number of adverse health effects and can affect any number of systems. The chemicals are closely associated with low birth weight, thyroid disease, cancer, etc. The chemicals are present in a number of items, but SB 121 is particularly concerned with the presence of PFAS in Alaskans' drinking water. This happens, by and large, using firefighting foams with PFAS chemicals. One reason PFAS chemicals are great for fighting fires is that the compounds do not break down when sprayed in the environment. Heat, light, and all kinds of elements that would break down most items, don't affect PFAS chemicals. Unfortunately, that means the chemicals stick around. Firefighting foam is tested at airports which the federal government has required for many years. The chemicals get into the water supply and make their way down gradient when the chemicals run off the runway. PFAS chemicals have now polluted many Alaskan wells. SENATOR KIEHL stated that this bill picks up where the Department of Environmental Conservation (DEC) left off. At the beginning of 2019, the department had a process underway to list 60 PFAS chemicals; that process has ground to a halt. SB 121 picks up the work based on a tremendous review of available scientific literature from Michigan. It lists seven chemicals at levels that are known to be toxic to human health. As the science has gone on since then, more chemicals are coming to the attention of medical science. There is more cause for concern. This bill sets a baseline; nothing in it stops the department from establishing protective standards as more data becomes available about PFAS chemicals. SENATOR KIEHL said, most importantly, SB 121 keeps Alaska's existing structure from cleaning up toxic chemicals. The polluter pays; this is the baseline applied to everything. SB 121 will not change that the polluter is responsible for cleanup. The bill provides blood tests to first responders exposed to PFAS or people who have PFAS polluted drinking water, so exposed individuals have a chance to know the chemical levels in their blood. Importantly, in most cases, it ends any spraying of PFAS firefighting foams. The only exceptions are the oil and gas industry and the United States military, which the state does not regulate. The United States military is in the process of moving away from PFAS foams. Specific to the oil and gas industry, the bill puts the authority in the hands of the state fire marshal because of the tremendous fire risks associated with tanker terminals or pump stations. As soon as there are non-PFAS-containing foams that function as well as PFAS- containing foams, the fire marshal can begin a regulation process with full public notice and involvement to require those installations to switch over. SENATOR KIEHL stated that it is worth bringing the committee's attention to a few other small provisions in SB 121. The bill proposes a take-back provision, allowing the state to take back up to 25 gallons per year. Think about the state's very small, rural fire departments and volunteer departments in almost every case. The state has provided some basic firefighting equipment to them, for instance, code red carts holding a canister of PFAS firefighting foam in case it is needed to fight a fire at the tank farm. It is important that small, under-resourced departments are not responsible for the cost of disposing of hazardous materials; the state would take those back. SENATOR KIEHL said that SB 121 provides for a heightened level of scrutiny in the course of cleaning up PFAS contamination. A form of cleanup uses thermal remediation. The bill does not ban this, but SB 121 would ensure a new band of downwinders is not established by driving PFAS chemicals into the air only to rain down on the next community. SENATOR KIEHL stated that PFAS is here. It is all over the place. A federal requirement for airports was PFAS foam testing in the environment, which has now seeped into drinking water. There are costs; there will be costs. SB 121 takes a balanced approach to stop future contamination. The bill would also ensure those with PFAS poisoned drinking water get a source of clean drinking water. 3:43:30 PM SENATOR STEVENS asked who the polluters were responsible for paying. SENATOR KIEHL answered that the vast majority of the time, the sprayer was the Department of Transportation and Public Facilities (DOTPF), Airport Section. Federal rules required testing of PFAS foams in the environment on airport runways. He did not want to blame the department because it was required. He said that it is a little painful, but that is the structure under state law. Foam was also used in the environment at pipeline pump stations to verify firefighting equipment worked, the federal government generally required this. Firefighters also used foam in the environment to extinguish actual fires. SB 121 addresses firefighter liability, protecting firefighters who had no choice but to use these foams. There are a few others, but this is the bulk of it. SENATOR STEVENS asked whether PFAS has been replaced by a more effective substance that does not contaminate drinking water. SENATOR KIEHL answered that a list of alternatives containing no PFAS chemicals is rapidly developing. Some of the world's largest airports use no PFAS chemicals. For instance, London Heathrow does not use PFAS in its firefighting foams. 3:45:42 PM SENATOR VON IMHOF asked what the alternatives to PFAS foams are. She asked whether the current code red containers the state uses will need to be replaced by new equipment to use the alternative foams. SENATOR KIEHL answered that the technology is developing rapidly. A huge amount of research and development is transpiring. Airports, oil and gas facilities, and a lot of other places need firefighting foam. The private sector is doing all it can to replace PFAS foams. Facility by facility and product by product, whether they can use existing hardware with new foams will depend. 3:46:57 PM SENATOR VON IMHOF inquired about a transition plan from PFAS foam to clean foam, the timeframe, cost, and how many organizations are currently using clean foam. SENATOR KIEHL stated that this transition has begun all over the world. The United States Congress has forbidden the Federal Aviation Administration (FAA) from requiring PFAS foams any longer. He expressed his understanding that the FAA has missed its Congressional deadline to change its regulations. Replacements foams are available and in use in many, many places. He will send additional details to the committee. He said that today's speakers could speak to new foams on the market. A number of fire departments have already gotten away from PFAS foams. 3:48:23 PM SENATOR STEVENS asked what is being done to help communities like Yakutat and how long it will take for groundwater to normalize. SENATOR KIEHL stated that this bill sets standards for drinking water, either by cleaning up a PFAS spill to a safe consumption level or brought in from another source. By and large, in Alaska, the state supplies water from another source. A few places have installed expensive filters, which are costly to install and maintain. DOTPF, Airport Section, has supplied water trucks in a few places. In the Interior, federal funds have extended municipal water lines long distances that otherwise would not have made sense to expand so that people could have clean drinking water. SB 121 does not set a cleanup standard. The technology for cleaning up PFAS is nascent; it is in its beginnings. This bill proposes to prevent new PFAS discharges and establish a standard that, if unmet, no one would have to drink the water. SENATOR STEVENS sought confirmation that SB 121 proposes to prevent further PFAS discharges, and it does not propose cleaning up discharges. The bill also proposes the polluter provide drinking water to communities whose water fails to meet a safety standard for consumption. SENATOR KIEHL answered that is correct. 3:50:48 PM SENATOR REVAK asked Senator Kiehl to walk through an abbreviated sectional analysis of the bill. 3:51:04 PM KATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State Legislature, Juneau, Alaska, presented the following sectional analysis for SB 121: [Original Punctuation Provided.] SB 121: PFAS in Drinking Water  Sectional ver. A  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. 3:53:18 PM CHAIR REVAK stated that public testimony would follow Dr. Birnbaum's PFAS presentation. He reminded testifiers to limit remarks to two minutes as many people are waiting online to offer public testimony. CHAIR REVAK introduced Dr. Birnbaum and invited her to begin a presentation on PFAS. 3:54:48 PM [Audio difficulties during Dr. Birnbaums testimony.] LINDA BIRNBAUM, Ph.D., Scholar in Residence, Duke University; Scientist Emeritus and Former Director of National Institute of Environmental Health Sciences (NIEHS) and National Toxicology Program (NTP), Durham, North Carolina, briefly reviewed the science of PFAS. SB 121 focuses on a limited number of compounds; however, there are over 12,000 different PFAS known as "forever chemicals." It is important to note that PFAS are present in consumer products and have over 200 uses. She presented a slideshow titled The Challenge of > 12,000 PFAS: [Original punctuation provided.] DR. BIRNBAUM advanced to slide 2: How are we exposed? ? Diverse group of chemical compounds used in industry and consumer products worldwide since 1950s ? Contaminant in Drinking water ? Found in various products: ? Carpet and Fabric ? Food Packaging and Food ? Pots and Pans ? Clothing ? Cardboard packaging ? Firefighting foams (AFFF) Cosmetics Ingestion (Drinking Water, Food, Dust), Inhalation, Dermal (>200 Use Categories [Gl?ge et al., Environ Sci: Processes&Impacts 2020]) DR. BIRNBAUM advanced to slide 3, PFAS: Multi-System Toxicants. The slide illustrated that PFAS are linked to adversely affecting different areas of the body: thyroid, immune system, liver, pancreas, kidney, cancer cells, reproductive organs, and neurodevelopment. (Modified from ATSDR, 2018) DR. BIRNBAUM emphasized that PFAS chemicals do not just affect one set of one species. PFAS affects almost every system she has studied and organ system, including exposure in utero and in life. Many cancers, such as kidney and testicular, and other medical conditions like low birth rates and diabetes, to name a few, have been tied to PFAS. PFAS can affect the reproductive system, especially in developing males and females. These chemicals affect system development. For example, multiple studies indicated that the mammary glands of nursing mothers affected with high levels of PFAS stop nursing their babies sooner. Epidemiologist studies show that essentially every affect identified exhibits similar results on experimental animals as well. 3:58:18 PM DR. BIRNBAUM advanced to slide 4: EPA's PFAS Strategic Roadmap  (October 18, 2021):  ? PFAS Contamination poses unique challenges ? Lifecycle Approach; Get Upstream of the Problem; Hold Polluters Accountable: Ensure Science-based Decision Making; Prioritize Protection of Disadvantaged Communities ? Strategic Roadmap Goals ? Research/Restrict/Remediate ? Next Steps ? Work with ALL stakeholders ? Initiate National Engagement and partnerships ? Stakeholder Listening Sessions ? Harness the collective resources and authorities across federal, tribal, state, and local governments - ? meaningful action Initiate Testing Strategy involving 24 PFAS categories (USGS: Integrated Science for the Study of PFAS in the Environment: A Strategic Science Vision (2021)) DR. BIRNBAUM informed members that all the strategic goals will take years to accomplish. 3:59:46 PM DR. BIRNBAUM reviewed a chart on slide 5 which depicted recent U.S. state and federal drinking water guidelines for PFAS. She emphasized many state guidelines are moving ahead of the federal government. As more is learned about these chemicals, multiple state advisory levels continue on a downward trajectory. (Post GB. Recent US State and Federal Drinking Water Guidelines for Per- and Polyfluoroalkyl Substances. Environ. Toxicol. Chem. 2021;40:560563. DOI: 10.1002 /etc.4863) 4:00:03 PM DR. BIRNBAUM advanced to slide 6: New EPA/OW Risk Assessments for 5 PFAS  PFAS Compound Chronic RfD Drinking Water   (mg/kg-day) (ppt)*  PFOS 0.0000000079 ~1 (Proposed 2021) PFOA 0.0000000015 ~0.2 (Proposed 2021)** PFOA/PFOS 0.0002 70 (2016***) GenX (2021) 0.000003 420 PFBS (2021) 0.00003 4200 PFBA 0.01 14000000 (Proposed 2021) *Assume 70 kg adult drinks 2 liters of water/day **MCLG = 0 based on cancer ***Lifetime Health Advisory for the SPFOA+PFOS 4:01:04 PM SENATOR STEVENS asked whether PFAS exists in nature or whether it is a manufactured chemical and, if so, who manufactures it. [The following recorded testimony of Dr. Birnbaum is slightly defective due to a poor audio/video connection.] DR. BIRNBAUM replied that PFAS are not naturally occurring; they are all products of industrial activity. She gave a brief synopsis of PFAS history. 3M began manufacturing essentially all PFAS, especially PFOA and PFOS, in the 1950s. DuPont purchased these PFAS compounds for use in various consumer products, and when 3M stopped making PFOS and PFOA in 2002, DuPont began manufacturing PFOA itself. By 2013, significant amounts of data indicated PFAS compounds were severely detrimental to human consumption and the environment. In response to this data, about eight companies voluntarily stopped making PFOAs, and the companies switched to manufacturing new types of PFAS compounds, none of which had toxicity data available. Currently, as data becomes available, the new types of PFAS compounds are proving equally environmentally resistant, they are not going to go away, and many of the new compounds share the same types of toxicity as PFOA and PFOS. 4:02:53 PM CHAIR REVAK thanked Dr. Birnbaum for the presentation and opened public testimony on SB 121. 4:03:44 PM JON ERICKSON, Manager, City and Borough of Yakutat, Yakutat, Alaska, testified in support of SB 121. He has been the city and borough manager for about eight years. He did not know what PFAS was when he became aware of them about 5 1/2 years ago, but he has since become quite an expert on the subject. Yakutat previously had six hot wells, but after requirements changed, the city now has two wells that consistently test as hot. These two wells service Yakutat's restaurant and hotel and contribute 10-15 percent of Yakutat's sales tax revenue. The Department of Transportation and Public Facilities (DOTPF) brings bottled water by the case so that these two establishments can provide consumables made with clean water. He noted that PFAS is a contact chemical and he did not know how hotel guests took showers. MR. ERICKSON commented that he testified two years ago on this subject, stating that he independently tested the city's well for 17 PFAS compounds, of which there were none. The city well is approximately two miles uphill from the contaminated wells. When drilling a new well too close to the contaminated site, the problem of PFAS spread might occur. A water line from the good well could be extended about 2 1/2 to 3 miles and connected to the restaurant and hotel to avoid this problem. Yakutat just received a $1.2 million grant to upgrade the water system. He suggested extending the water line to solve the water problem. As a side note, the city does not have a solution for cleaning up PFAS-contaminated soil. CHAIR REVAK reminded testifiers that written testimony is welcome and can be submitted to sres@akleg.gov or directly to his office. 4:08:11 PM PATRICE LEE, Representing Self, Fairbanks, Alaska, testified in support of SB 121. She is concerned about the five PFAS compounds known to be in the Fairbanks public water supply, as reported by the Golden Heart Utilities annual report. Whether PFAS levels are high or low is unknown because standards have not been established. She asked that the legislature helps with setting standards, among other things. Thousands of private and public wells are contaminated in the Fairbanks NorthStar Borough (FNSB) and throughout the state; they directly threaten to the health and safety of all who drink, cook, bathe, make baby formula, and recreate. Animals drink the water and are affected too. In addition to the poor wintertime air quality, FNSB now has the heavy burden of air, water, and soil contamination. The documentation of PFAS contamination in the borough and their harmful effects on Alaskans is mounting. Fifty-five thousand gallons of PFAS waste were improperly disposed of in the Rolling Stone gravel pit as documented by the Department of Environmental Conservation (DEC). The time for action is now. PFAS compounds and foams need to be outlawed and drinking water standards set. This is an important first step. She expressed interest in knowing who would be the first to drink from a five- gallon bucket of PFAS contaminated water. She reminded everyone listening of the Golden Rule. She stated that Piledriver Slough, once her favorite, picture-perfect place to fish with her children, is now PFAS-contaminated and unsafe, probably for the rest of her life. She expressed concern about the lakes around Eielson Air Force Base, plumes of PFAS, and the lack of enforcement against violators. She beseeched members to make some progress in protecting the health and safety of Alaskans. 4:11:08 PM JOE LALLY, Director of Programs, Prince Williams Sound Regional Citizens' Advisory Council (RCAC), Valdez, Alaska, testified in support of SB 121. He has served on the council for four years and is currently the council's program director. The scope of RCAC's mission has a relatively narrow focus, so the council's interest in SB 121 is limited to the Aqueous Film Forming Foam (AFFF) stored at the Valdez Marine Terminal and on some of the related vessels to suppress fires. AFFF contains PFAS known for their persistence in the environment and harmful effects on people and animals. Any release of AFFF could contaminate drinking water and state waters including Prince William Sound. With this in mind, Prince William Sound RCAC also submitted written testimony for consideration during today's hearing. Prince William Sound RCAC supports the proposed language on pages 3 and 4 of SB 121, work order 32-LS0001G, empowering the Alaska State Fire Marshal to restrict the use of firefighting substances containing PFAS if the fire marshal determines an alternative non-PFAS substance is available. Such a determination depends on the approval of an alternative firefighting substance by the Federal Occupational Safety and Health Administration. A secondary matter of concern that the passage of SB 121 could mitigate stems from the $900,425,000 oil and hazardous substance release prevention and response fund used to respond to releases of PFAS statewide. It is proper for the state to respond and deal with such hazardous substance releases; statutes allow DEC to use the response fund to assess PFAS releases that pose an imminent and substantial threat to the public health, welfare, or environment. However, the fund was never intended to pay all the long-term remediation costs after the initial emergency had passed. A danger of using the response fund for long-term PFAS remediation is that every dollar spent on such activity reduces the amount available for a swift response to an oil spill or other hazardous substance release disaster. The overarching purpose of the fund is to allow for a speedy and full response to an acute disaster such as an oil spill. However, using the fund for long-term PFAS remediation could easily drain the fund to zero. It could result in the state being less able to respond immediately to an oil spill or chemical release. 4:14:07 PM PATTI SAUNDERS, Representing Self, Anchorage, Alaska, testified in support of SB 121. She has devoted her life since young adulthood to issues of pollution and toxic chemicals. She expressed grave concern about PFAS which are by far the most alarming compounds due to their combination of persistence, bioaccumulation, and non-degradation qualities. They do not break down in nature, nor has science figured out how to break the bond between the carbon and the fluorine molecules. Couple that with the fact that PFAS are extremely toxic at extremely low levels. She recalled that toxic chemicals used to be referred to in parts per million. However, PFAS toxicity levels are referred to in less than one part per trillion, so there really are no safe PFAS levels. She expressed her appreciation that the state is addressing this serious problem, because the state can act more quickly than the federal government. She beseeched members to act as quickly as possible because every day there is more pollution, more harm to humans, animals, and the environment. The damage is difficult to undo. PFAS are hard to recapture once in the environment. Once PFAS is in one's body, there is no known way to remove it. The number one thing that can be done is prevention, follow the science and ban it. If there has to be a phase-out schedule, it should be the fastest schedule possible and not a schedule based on convenience. CHAIR REVAK reiterated that testifiers are welcome to submit additional comments in writing to sres@akleg.gov. 4:17:56 PM KELLY MCLAUGHLIN, Chair, Gustavus PFAS Action Coalition (GPAC), Gustavus, Alaska, testified the coalition supports SB 121. Though GPAC has worked towards awareness and remediation of PFAS, Gustavus is still consuming contaminated water, just like other locations across Alaska. While PFAS-contaminated water is not an isolated problem unique to Alaskans, the problem is manifestly noticeable. Alaska is a land of abundance and purity; she clarified that it is perceived purity. Alaskans are healthy, robust people, and the last thing on an Alaskan's mind when enjoying the outdoors or hunting, is PFAS contamination. Unfortunately, PFAS contamination is in the environment and found in wild game, like moose liver and bear meat. The problem bio-magnifies, meaning the higher up the food chain, the more dramatic the contamination. MS. MCLAUGHLIN said that Gustavus organized a blood draw to test affected community members. Results indicated a direct correlation between drinking water contamination and body burdens of PFAS. A subsequent data analysis compared personal body burdens of PFAS and personal health history with overall health. Results led to positive correlations, meaning the higher the burden of PFAS, the worse the subject's health. A chemical company representative testified before the committee, stating there was insufficient data to warrant the blood test in this bill. She interpreted the representative to mean that as long as the data is nonexistent, it is harder to hold culpable parties accountable for their actions. Affected Alaskans need to know the extent to which they are contaminated, not only for peace of mind but to inform a larger set of data that will help determine at what level PFAS is likely to cause disease. MS. MCLAUGHLIN said that PFAS is not going away. It is a forever chemical; however, personal blood tests showed that decreasing exposure to the main contaminate source, water in this case, can substantially lower the body's burden. She illustrated the point, stating that her blood serum test went from 10,000 to 7,000 parts per trillion just one year after eliminating contaminated water. Clean water for all Alaskans is a natural, God-given right, and it must be protected. 4:21:06 PM SARA MASSMANN, Legislative Committee Co-Chair, Alaska Nurses Association, Ketchikan, Alaska, testified the association supports SB 121. She is an intensive care unit nurse at a hospital in Ketchikan. Nurses are proponents of public health initiatives. PFAS chemicals are highly toxic and are linked to multiple harmful health effects, including immune suppression, increased risk of high blood pressure, and increased risk of thyroid disease. PFAS chemicals can also reduce the effectiveness of certain vaccines. The association supports following a science-based model enacted in states such as Maine and Massachusetts. Health care resources were stretched thin in different areas throughout the state prior to the COVID pandemic. The association supports passage of SB 121 to help prevent the harmful effects of PFAS chemicals. The state needs to work together to decrease the use of Alaska's precious health care resources when an opportunity presents itself. 4:22:35 PM GREG STREVELER, representing self, Gustavus, Alaska, testified in support of SB 121. He has been involved with the issue of PFAS for quite a long time. The issue is a big deal in Gustavus as it is in many places. He thanked Senator Kiehl, who has done very well by Gustavus in this bill and in many other ways. MR. STREVELER focused on two issues: 1. He reiterated Dr. Birnbaum's previous comments about the downward trend of PFAS safety levels. SB 121 should require the adoption of different standards and consider the wide range of PFAS variants when establishing standards. It is important that the bill retain timely agency review language. 2. SB 121 is a first step. Gustavus has hundreds of contaminated acres and hundreds of contaminated wells just sitting. The best that can be done is to keep them from getting worse. He asked that intent language be added to the bill, explicitly stating that the legislature will address the issue of remediation when viable methods to do so are fully developed. Eventually the state must circle back around to the issue of remediation. 4:24:45 PM ANNA GODDUHN, representing self, Fairbanks, Alaska, testified in support of SB 121. She has lived in Fairbanks for 30 years. She stated that although she lives in a PFAS plume-free area, she has friends living across the Chena from the airport where the wells are mostly below 65 parts per trillion. While this may sound great, it is disconcerting that health impacts occur at this level. She agreed with testifiers who said it is the state's responsibility to protect vulnerable citizens, in particular children during development. One unmentioned, dangerous aspect of PFAS chemicals is the way they affect the hormonal activity of children. Contamination is measured in parts per trillion, because hormones are active in the single- digit parts per trillion. As it concerns hormones, the discussions between 700, 70 and 20 parts per trillion are too high. She expressed hope that Alaska will meet with other states whose safety levels require fewer parts per trillion than the EPA's 70; 70 parts per trillion is not low enough. SB 121 is great legislation and she expressed gratitude for getting started but agreed with other testifiers that SB 121 could use improvement. She recommended the state ban incineration of PFAS contaminants as it affects polar bears and Inuit babies who already have enough forever chemicals in their blood. The state needs to figure out better methods than incineration, and in the meantime, store PFAS safely. The federal government is failing, so she expressed appreciation to the committee for taking up SB 121, working on it, and doing the best they could to protect citizens. 4:27:22 PM PAMELA MILLER, Senior Scientist and Executive Director, Alaska Community Action on Toxics (ACAT), Anchorage, Alaska, testified in support of SB 121. ACAT is a statewide environmental health research and advocacy organization. A written statement was submitted, so this statement is shortened in the interest of time. Actions to address PFAS contamination in Alaska are long overdue. The safety of drinking water and the health of thousands of people throughout the state are threatened or already harmed by PFAS contamination. Inaction will only perpetuate harm and cause liability costs to increase exponentially. Question the cost of inaction on the state's health, fish, and wildlife in future generations. To Senator Stevens' earlier point, federal infrastructure legislation contains substantial funding, nearly $10 billion, toward addressing PFAS contamination. Senator Kiehl pointed out there are major airports using safe, effective alternative PFAS firefighting foams, as well as military installations and oil and gas facilities all over the world. Firefighters face occupational health and safety issues with PFAS. Cancers are the leading cause of death among firefighters and firefighters are leading efforts to replace PFAS with safe alternatives. Although SB 121 does not accomplish everything ACAT would like to see in comprehensive PFAS legislation, this bill is a step in the right direction. ACAT calls upon state legislators to support and pass this legislation this session. Alaskans should not be left behind while other states take the lead enacting more substantial protective health legislation. 4:29:46 PM DAVID BERREY, Coordinator, Wake-Up Alaskans to the Toxic Environmental Reality (WATER), Fairbanks, Alaska, testified in support of SB 121. He asked committee members to think back to 2015. Members of the community were notified they had been drinking hazardous water from their wells. Since that time, the affected community has tried: - to get testing, - to alert the legislature as to the dangers of PFAS chemicals, and - to get reasonable PFAS safety standards established. MR. BERREY counted the years 2016, 2017, 2018, 2019, asking rhetorically whether committee members knew why he was counting the years. He emphasized that it has been 7 1/2 years that those with contaminated wells have gone without protection or testing. A lot of neighbors have died from cancer. It is unknown if the cause was PFAS or PFOA. The cause will never be known because there was never any testing. Community members with contaminated wells have never been given clean water and have had to purchase their own. He likened the treatment to second class citizens of a third world country. Now is the time to pass SB 121; it has been far too long. The legislature needs to do something and do it now. Contamination will continue to occur because there are no penalties to deter it. He questioned why the State of Alaska does not go after the chemical companies, especially since those companies knew what they were doing was wrong. 4:32:05 PM JOHN KENNISH, Representing Self, Anchorage, Alaska, testified in support of SB 121. He stated that the impact of PFAS chemicals is damaging to the human population. He expressed hope that the legislature seriously and actively pushes SB 121 through the legislative process, so that people could have an evaluation of their exposure levels. He offered assurance, as a professor at the University of Alaska Anchorage with over 50 years' experience as a chemist, most of these chemicals are detrimental in terms of human exposures. PFAS compounds impact hormonal regulation and are all typically catastrophic with regards to human health. MR. KENNISH expressed hope that the committee recognizes the key issue, which is providing support to people who have been unwittingly exposed to these chemicals and providing the option for evaluation after exposure. 4:33:54 PM TRISTAN GLOWA, Representing Self, Fairbanks, Alaska, testified in support of SB 121. He expressed gratitude to the committee for considering the bill. The protections in SB 121 are overdue considering how long the issue has been present in Alaska. Also, according to PFAS data he has read, protections in the bill should be stronger to be scientifically valid. It is an issue that affects the whole community. He would like to live in the Interior and raise children. However, the constant worry about the long-term health effects of living somewhere with unreliably safe air and water, factor into the decision. Similar concerns hold true for young people with whom he converses in Fairbanks, and other areas of the state. MR. GLOWA said the housing market in Fairbanks is not good. A lot of people get pushed out to North Pole where there is both PFAS and sulfolane; some are unaware of the contaminates until after they have moved. It is unacceptable to expose children to risks that can cause cancer or permanently damage an immune system. These problems are hurting the potential future of the community. Alaskans deserve better. He expressed appreciation for all aspects of the legislation, especially the enforceable drinking water standards and the 'polluter pays' principle. The legislation could be improved by considering PFAS chemicals as a class rather than focusing on individual chemicals. Other states have lower maximum PFAS contaminate levels. CHAIR REVAK interrupted Mr. Glowa, stating there is a two-minute time limit for public testimony. MR. GLOWA made two final points. Alaska should ban incineration of PFAS waste, and the oil and gas industry should not be exempt from the phase-out of firefighting foams. 4:36:53 PM LYNETTE PHAM, Representing Self, Fairbanks, Alaska, testified in support of SB 121. This bill is a step forward in the right direction. PFAS chemicals are contaminating the drinking water of thousands of Alaskans from the North Slope to Southeast Alaska. Testimony shared today has informed the committee about what low exposure to PFAS chemicals does. Alaskans should not have to demand safe drinking water; it is a fundamental human right. The legislature must pass more comprehensive PFAS measures founded on science-based models like those enacted in Maine and Massachusetts. Many experts, like those here today, testified about PFAS chemicals and their harmful effects. Information about PFAS abounds. Allowing PFAS chemicals to harm community members is and has been an act of severe neglect. Allowing it to continue is perpetuating harm. Alaska is home and she will always advocate to protect Alaska, its people, and its stewards. She encouraged legislators to persuade their peers to pass SB 121 with even stronger amendments to ensure safe drinking water in Alaska, thus protecting the health of Alaskans. 4:38:52 PM SIQINIQ MAUPIN, Director, Sovereign Inupiat for a Living Arctic (SILA), North Pole, Alaska, testified in support of SB 121, stating this bill is long overdue. She attended the Geneva, Switzerland Conference of the Parties (COP) to wipe out PFAS in 2018. The United States was one of the only developed countries that was not ratified. The United States is severely behind every other country, even counties that Americans perceive as less developed are far more advanced in eliminating and transitioning out of PFAS usage. She realized in 2018 that her father, a foreman in Fairbanks, had developed cancer from on- the-job exposure to PFAS. She is publicly addressing and spreading awareness to this issue through SILA, and it is also an issue that is personal. She knew a firefighter in Fairbanks who worked on the base and developed testicular cancer. This is very common among those exposed to PFAS. MS. MAUPIN stated that she lives in North Pole because the price of homes was cheaper. She later learned the price was cheaper because the property had been exposed to chemicals and that the home's well water was contaminated. She expressed distress that she and her children will develop cancer. She questioned whether the secure, more stable housing in North Pole was worth risking her family's health. She urged the committee to make SB 121 stronger and not to throw away low income and rural families, and indigenous peoples. Indigenous peoples will be here, left with contaminated water when all development and money are gone. This is environmental racism. SB 121 needs to be pushed through and it will speak volumes if it fails to pass. 4:41:33 PM GARRISON COLLETTE, Representing Self, Fairbanks, Alaska, stated that he received a chemistry degree from UAF in 2006 so he understood the subject matter, and thus supports SB 121. He did not realize PFAS was in Fairbank's drinking water until today. He gets his water from the Golden Heart Utilities' water wagon and just pulled up the utilities' water quality test results. The report indicated these chemicals were in Fairbank's water: perfluorohexane sulfonate acid (PFHxS), perfluorohexanoic acid (PFHxA), perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA). Although the PFAS levels in the glass of drinking water before him are below those suggested in the bill, he is thinking twice about taking another sip. SB 121 appears to be a strong first step. However, he would like to see the PFOA minimum safe level lower than 400,000 ppt. PFAS are one of the very few totally synthetic chemicals; the naturally occurring hydrogen in hydrocarbons is replaced by fluorine. Unfortunately, incineration is the only thing that can be done with it. SB 121 takes the right approach, focusing on preventing it from getting into the environment. CHAIR REVAK reminded testifiers about the strict two-minute time limit and that public testimony may be submitted in writing to sres@akleg.gov. 4:44:21 PM JACKIE BOYER, Campaign and Policy Director, Native Peoples Action (NPA), and Native Peoples Action Community Fund, Anchorage, Alaska, testified that NPA supports SB 121. Part of NPA's focus is on the health and wellness of indigenous people and communities, spiritual wellness, practicing traditional ways of life of hunting and fishing, individual physical health by recognizing and acting on disparities that exist, and uplifting the voices of those most impacted. For those reasons, NPA is encouraged the committee is taking the time to look into PFAS contamination. PFAS is harmful, especially when it gets into drinking water. It puts Alaskans at greater health risks for thyroid disease, decreased fertility, decreased birth rate, immune suppression, liver disease, and certain cancers. Studies show that Alaskan Natives suffer at greater risk for certain cancers. It is concerning that there are so many confirmed contaminated sites in Alaska, impacting individuals, families, babies, children, animals, and fish. More contamination may show up in the future, and it may compound in individuals previously exposed. Setting limits on the amount of PFAS in drinking water, providing clean drinking water, providing blood testing, and preventing future pollution are all reasonable measures. 4:46:26 PM SARA THOMAS, Representing Self, Anchorage, Alaska, testified in support of SB 121. She relayed that the Navy informed the community about contamination in Imikpuk Lake in 2017. She has two best friends that have been taking thyroid medication since they were teens. They drank water directly from Imikpuk Lake; it was sold directly to the public through the 2000s. She has a lot of friends and family members who are currently battling cancer. She has lost a lot of family members and friends to cancer and rare cancer, cancer that is not so rare up north. PFAS contamination is all over the United States and world. Chemours, DuPont and 3M knew how toxic and dangerous these chemicals were when they made and sold them. The companies set aside billions of dollars to deal with lawsuits. She urged the passage of SB 121, and to hold those companies accountable for the cleanup. The cost of clean water is worth whatever it takes. 4:49:35 PM KATHERINE DU PLESSIS, Representing Self, Anchorage, Alaska, testified in support of SB 121. She is a biologist and a mother of a four-year-old. In three days, she will attend the funeral of an uncle who lost over a yearlong battle to cancer. She said that four of six uncles died from cancer and all four aunts have had their uterus removed due to the effects of endocrine disrupting pollution. PFAS chemicals are endocrine disrupters. A legislator asked an important question about how the state will pay for this. Considering the state's tight budget, this is a very important question. An ounce of prevention is worth a pound a cure. The state has been talking about this almost ten years. If the state does not deal with this now, it will cost exponentially more than it would have cost the day before. She begged legislators to pass SB 121. Colorado, California, and Washington have already banned it. Heathrow Airport is not using it. If they can do it, Alaska can do it. The state needs to do it now. 4:51:37 PM CAROLINE WALKER, Representing Self, Juneau, Alaska, testified in support of SB 121. She and her husband recently purchased a second home in Gustavus and quickly became deeply invested in the community. This home is not currently affected with the PFAS contamination zone, however, after the flood last year they became concerned about PFAS spread and sought help from GPAC for the water testing process. As groundwater continues to rise from flooding every year, their concerns rise about their family's health and well-being. On behalf of those affected in Gustavus, she urges the passage of SB 121 as a step forward in protecting the health of Alaska's residents and visitors. 4:52:44 PM LESA HOLLEN, Representing Self, Anchorage, Alaska, testified in support of SB 121, stating she gained awareness from PFAS phone canvassing in Alaska and it seems like it is working. However, more information needs to reach the public through media coverage and education criteria in schools. She spoke with people in Salcha that have new wells now, but they have serious health concerns and have lost a lot of family members to cancer. They pay for costly filter systems. She spoke with people in Fairbanks who have contaminated publicly supplied water and wells and are asking for test kits. Everyone asks for cleanup information. People in Sand Lake and the Elmendorf area have over 24,000 parts per million and they ask about the passage of laws to help with health recovery and removal of PFAS. Eielson Air Force Base has one of the highest levels in the nation at 2,000,000 parts per million; PFAS contamination has spread to all Moose Lake wells. Right now, the Center for Disease Control (CDC) and the United States Air Force are petitioning the Department of Natural Resources to designate the Moose Creek area as a Critical Water Management Area (CWMA). A CWMA designation deems groundwater unsafe for all uses and prohibits insulation in new wells. It has nationwide impact. MS. HOLLEN said she has a master's degree in neuroscience. Neurotoxicity is caused by PFAS and it is neuro-accumulative in the brain. Like Parkinson's disease, it causes lower dopamine levels and neurons; and gather receptors decrease function, Nature Magazine. Purdue University's Cannon research says dopamine is key to movement reward. The state needs to deal with PFAS, remove it, and get information to the public. Everybody asks whether they can have children and how to cleanup. She encouraged the legislature to answer these questions and help those affected. 4:55:06 PM MIKE TAYLOR, Mayor, Gustavus, Alaska, testified in support of SB 121 where groundwater contamination problems are significant due to PFAS near the airport. Committee members heard from Gustavus community members Kelly McLaughlin, Greg Streveler, and Caroline Walker. He 100 percent supports their testimonies and applauds Senator Kiehl for sponsoring this important bill. He is a retired industrial hygienist but does not claim specific expertise in PFAS health effects or exposure characterizations. SB 121 is a vital first step towards setting groundwater and drinking water contamination limits which need: - to be based on epidemiological research, - objective standard setting, and - to draw on extensive research to identify and assess the human health effects found to develop from specific exposure limits or body burdens. Once it is known what exposure levels or body burdens represent a significant health effect, meaningful action levels or exposure limits can be set. Regulatory standards should direct actions to be triggered by measured sample results that exceed identified action levels. It is unclear whether sufficient research is available yet to set reliable, meaningful action levels. However, provisional action levels could be set based on the best input from experts, like those who testified at the top of the hearing. It takes time to go through the regulatory process. Nevertheless, that should not stop or slow down applying or mandating proven technology to reduce potential exposures now. Technologies include groundwater and drinking water testing, identification and characterization of PFAS contamination plumes, and plume stop barriers to contain contamination plumes in groundwater. For drinking water systems, proven efficient treatments include activated charcoal granule absorption and reverse osmosis systems. Assistance from federal and state governments to these ends needs to ramp up. He applauds banning PFAS containing AFFF as soon as possible. He applauds the liability exposure limits for municipal fire departments. Many have used AFFF, as they were trained to do, with great benefit to the public, but with no knowledge of any possible liability exposure. It is not productive to bankrupt a municipality or a small fire department for past use of a recommended standard product in the service of the public. 4:58:15 PM JANET NEILSON, Representing Self, Gustavus, Alaska, testified in support of SB 121. She recently moved to Juneau temporarily for her children to attend school, but prior to that she was a year- round resident for over 20 years in Gustavus. Gustavus contaminated PFAS groundwater and soil are a tragic, everyday reality. Picking strawberries near the Gustavus airport was a family activity and it is heartbreaking that the family can longer do this safely. The once wild and pristine, beloved community has been forever changed. It is hard to describe what that feels like to look out on a beautiful landscape and to realize that invisible toxins are coursing through the water and soil. It is even more painful knowing that the government at the federal and state levels have failed Alaskans in regulating these insidious chemicals. Living in Juneau where clean and uncontaminated tap water flows freely, it is easy to take safe drinking water for granted. Many committee members live in Juneau, Anchorage, and Fairbanks, where the same convenience is enjoyed. However, thousands of Alaskans in communities like Gustavus, do not have safe drinking water due to PFAS contamination. It is time for the state to act on this issue. The EPA's lifetime health advisory level is 70 parts per trillion. SB 121 sets lower, enforceable drinking water standards for PFOA and PFOA and in so doing goes a long way towards protecting Alaskans. Even so, these proposed drinking water standards are not low enough. She advocates for the passage of SB 121 but also urges the committee to review the current science on PFAS toxicity and make the bill even stronger. Alaska needs to follow states like Maine and Massachusetts and amend SB 121 to set a combined maximum contaminate level of 20 parts per trillion or less for at least six PFAS compounds. PFOA and PFAS cannot be the state's only concern. She supports the provisions of the bill that offer blood testing to residents and responders, including firefighters. Alaskans have a right to know their exposure levels. She asked the committee to remove the exemption that allows the oil and gas industry to continue to use PFAS or even firefighting foam. There is no need for this exemption when safe, effective, and economical alternatives are available. She also urged the committee to amend SB 121 to ban the incineration of PFAS waste, because it only leads to toxic air and wider contamination. She urged the committee to consider amending the bill to make it even more protective and comprehensive. 5:01:47 PM CHRIS HLADICK, Representing Self, Anchorage, Alaska, testified in support of SB 121. He served as former city manager, former commissioner of Department of Commerce, Community and Economic Development (DCCED), and most recently EPA regional administrator for Region 10. Having lived this issue for many years in Seattle, he applauds and supports SB 121. It is good that the committee is acting, not only for the people of Gustavus, but for the whole state. It is a good building block to get started. This will cost money and the mitigation piece will be difficult as has been heard today from experts. It is necessary to chip away at it and keep moving. Many people at the EPA are working very hard to set this mean contaminate level, which requires toxicologists, epidemiologists, then there is rulemaking, and it takes longer than people, quite frankly, can stand. He understands this, especially when people are living in an apparent nightmare like the people in Gustavus are experiencing. 5:03:12 PM SENATOR KAWASAKI mentioned the Trump administration had talked about the PFAS issue and it seemed positive. He asked Mr. Hladick to share a little about PFAS discussions under EPA Administrator Andrew Wheeler. MR. HLADICK responded that the game plan under the Division of Water was to through a rule-making process with toxicologists. He expressed his belief that at the time 17 different types of PFAs were considered. He has not been the EPA Region 10 Administrator since January 20, 2021, so PFAS types may have been added since he left. The Biden administration has taken this issue up and is working hard on it. DEC Commissioner Brune takes this issue seriously as well. He and Commissioner Brune worked together, exploring PFAS incineration in Fairbanks which is not a good disposal option. It only creates additional problems. It will be very expensive to send PFAS to Oregon in a 55-gallon drum and it will not relieve the state from the liability of the drum's contents. 5:04:347 PM CHAIR REVAK closed public testimony on SB 121. CHAIR REVAK said he was informed that 10 billion PFAS dollars from the federal government will be distributed by formula to all 50 states. The state is waiting to hear the amount allocated to Alaska. [CHAIR REVAK held SB 121 in committee.]