SENATE RESOURCES COMMITTEE May 1, 1996 6:15 p.m. MEMBERS PRESENT Senator Loren Leman, Chairman Senator Drue Pearce, Vice Chairman MEMBERS ABSENT Senator Steve Frank Senator Rick Halford Senator Robin Taylor Senator Georgianna Lincoln Senator Lyman Hoffman COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 342(RES) am "An Act relating to water quality." HOUSE JOINT RESOLUTION NO. 66 am Relating to opposing the American Heritage Areas Program. PREVIOUS SENATE COMMITTEE ACTION HB 342 - No previous action to record. HJR 66 - No previous action to record. WITNESS REGISTER Representative Norman Rokeberg State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Prime Sponsor of HB 342 Janice Adair, Director Division of Environmental Health Department of Environmental Conservation 555 Cordova St. Anchorage, AK 99501 POSITION STATEMENT: Has concerns with CSHB 342(RES) am Becky Gay, Executive Director Resource Development Council 121 W. Fireweed Lane, #250 Anchorage, AK 99503 POSITION STATEMENT: Testified in support of CSHB 342(RES) am Bruce Campbell, Staff to Representative Pete Kelly State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Offered information on CSHB 342(RES) am ACTION NARRATIVE TAPE 96-70, SIDE A Number 001 CSHB 342(RES) am WATER QUALITY STANDARDS  CHAIRMAN LEMAN called the Senate Resources Committee meeting to order at 6:15 p.m. The committee lacked a quorum, however, the Chairman stated testimony would be taken on CSHB 342(RES) am. REPRESENTATIVE NORMAN ROKEBERG , prime sponsor of HB 342, explained the legislation is intended to provide to the members of the public and industry water quality standards when users of the water apply for permits. It provides that methods of measurements of water quality are approved in writing by the Environmental Protection Agency (EPA), or, for the purpose of flexibility, are substantially equivalent and approved by the Department of Environmental Conservation (DEC). It adopts the Imhoff Cone method for measurement of sediment, which is the EPA standard. Most importantly, the bill mandates that DEC may not adopt a water quality standard that is more restrictive than applicable federal law or regulation, and when a revision of an existing regulation is needed, the department must act promptly at the request of a water user permittee to modify state regulations. DEC may not require the discharge of water to be cleaner than a natural condition of receiving water. JANICE ADAIR , Director, Division of Environmental Health, Department of Environmental Conservation, outlined the department's three basic concerns with the legislation: (1) It appears that it would limit sediment to being only settleable solids and would preclude the department from setting a standard and a measurement method for total suspended solids. The department has been conducting a study on total suspended solids, with a report due out in July, and this legislation seems to prejudge the outcome of that study, so the department not does not support that provision. (2) It provides a process that would automatically move the revision of water quality standards regulations that can be very contentious up to the top of the priority list by having a time certain by which it must be done, and which will come at the expense of issuing permits. (3) There are terms in the bill that don't seem to fit, and the bill is not very artfully drafted. The inclusion in the work draft of "contaminated sea life consumption rates" causes the department a great deal of concern. CHAIRMAN LEMAN asked Ms. Adair how soon she could provide the committee with a mark-up of more artfully drafted language, as well as information on how these standards are more stringent than federal standards. MS. ADAIR agreed to provide the requested information the following day. REPRESENTATIVE ROKEBERG noted the whole sea life issue was brought about by an amendment by Representative Brown, and he asked Ms. Adair if she would be willing to just remove it entirely from the bill. MS. ADAIR responded that she felt she didn't know enough about the issue to answer that question, and that she would talk with DEC staff about it. REPRESENTATIVE ROKEBERG , speaking to the sediment standards, said he understands there has been an agreement by DEC that in the regulations the Imhoff Cone method is going to be the standard they are going to use, but there seems to be some controversy about the issue of total suspended solids. He suggested this is the EPA standard of sediment, and he doesn't think it is appropriate to bring this whole idea, which is under study right now into play at this time. He added that if, in fact, DEC can come up with a standard for the TSS that's going to be workable and agreeable to the people in the industries in the state, then it obviously should be considered, but the point in fact is that so businesses and activities can continue without being impeded by regulation, it is necessary to put this into statute. CHAIRMAN LEMAN observed that he believes the Imhoff Cone is the EPA standard for measuring settleable solids, that is the volumetric approach to measuring settleable solids, and MS. ADAIR agreed with his observation. Number 260 BECKY GAY , Executive Director, Resource Development Council, expressed appreciation to the sponsor, his staff, and Ms. Adair of DEC for all of the work they have done on this legislation. She noted she has submitted a letter of support for the bill as it is currently drafted. She said the reason this legislation is effective is it is a prospective bill--it is mostly aimed at if the future laws change. Speaking to the three concerns expressed by Ms. Adair, Ms. Gay said DEC already uses the Imhoff Cone standard, they made that policy call to use that as a standard to measure sediment. She said it is true that it measures settleable solids, but it gets you to the place we want to get. She believes the additional component to making changes happen in the revision of water quality standards process will be much more efficient, and she thinks the threat of it coming at the expense of the permittees is really bogus because the department cannot even do them in a timely fashion now. Number 375 BRUCE CAMPBELL , staff to Representative Pete Kelly, said the human health criteria and the contaminated sea life is an issue that is frequently misunderstood and twisted in the process. The use of the phrase "contaminated sea life" brings to point the human health criteria in a way that can help DEC dramatically. He said it has nothing to do with the seafood issues also regulated in a different fashion. He said he agrees with Ms. Adair that the water quality standards process is a complex area, but he asserted it is complex because of the way her staff has treated the process. He said they have not achieved a way of making it simpler, but, in fact, making it more complicated, and the average, ordinary citizens of the state of Alaska are in jeopardy of violating those standards with little opportunity to find a means to comply with them. CHAIRMAN LEMAN stated CSHB 342(RES) am would be held over until the following day and he would work on it as a subcommittee of one and be open to any comments on it. CHAIRMAN LEMAN stated HJR 66 am (OPPOSE AMERICAN HERITAGE AREAS) would be held over until the following day. CHAIRMAN LEMAN then recessed the meeting at 6:50 p.m. to a call of the chair the following day.