Alaska Conservation Voters

Conservation Watch

Alaska Conservation Voters
works to protect Alaska's environment through public education and advocacy, and supports pro-conservation candidates for public office.

Conservation Watch (CW) is a weekly publication of ACV highlighting conservation issues in the AK Legislature.

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Contributing Editors

Sue Ely
Legislative & Communications Manager
sue@akvoice.org

David Rogers
ACV Lobbyist

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ACV- Juneau
419 6 th Street, #321
Juneau, AK 99801
(907) 463-3366
(907) 463-2554 fax

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ACV- Anchorage
810 N Street #203
Anchorage, AK 99801
(907) 258-6171
(907) 258-6177 fax

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Web Resources

ACV Legislation Page
Bill position papers, back issues of Conservation Watch, and legislative updates

Legislative BASIS
Current bill text, history & committee schedules

Legislature Homepage
Find Your Legislators, party links, committee lists

State Homepage
Links to state agencies and the Governor

 ACV Homepage

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In This Issue

• Contaminated Sites in Alaska
  Action Briefs
  • On the Move
• Hearings this Week

Much attention is given to spills and toxic releases that have occurred recently but it is not often that we examine the toxic legacy left by decades of development and growth in Alaska, before many of our current environmental regulations were put into place.  It is surprising to learn that there are almost 3,000 contaminated sites in Alaska that still pose a significant threat to the health and safety of humans and the surrounding environment.  While it is important to quickly address spills as they happen, it is equally important to quickly address those past mistakes by addressing Alaska’s contamination legacy in an expedited process.

Contaminated Sites

The Contaminated Sites Program (CSP), operated by the Division of Spill Response and Emergency Response in the Alaska Department of Environmental Conservation (DEC), works to protect human health and the environment from exposure to oil and other hazardous substances released to soil or groundwater. A contaminated site is a location where hazardous substances, including petroleum products, have been improperly disposed, spilled or leaked from their containers. Many of these sites result from failed containment equipment and improper storage measures or disposal methods used before regulations were updated to reflect current knowledge about toxic substances.

Location of Contaminated Sites

Contaminated sites occur across the state, including military, privately owned, and state-owned sites, rural bulk fuel storage facilities, leaking underground storage tank sites, and "orphan" sites (where the responsible party is unknown or unable to perform adequate remediation).  Contaminated sites may be associated with military, commercial or industrial activities, including oil production and storage operations, mining, and a wide variety of smaller enterprises where hazardous materials are used.

Within the state of Alaska there are 6,287 known contaminated sites.   Of those, 2,514 no longer pose a health threat and have been closed.  An additional 894 are referred to as closed with considerations, meaning that conditions have been placed on them for additional monitoring and clean-up but they no longer pose a health threat.  That leaves 2,879 contaminated sites in Alaska that still pose a threat to human health and the environment.  Click here to see sites near you. DEC is still finding contaminated sites, referred to as legacy contamination.  Additional legacy contamination is expected to be found in thousands of remote mines dating from the mid-20^th century.

Contaminants and Alaskans

Many different types of hazardous substances are found at contaminated sites in Alaska. The most common contaminant is petroleum products.  Products like gasoline or aviation fuel contain high levels of harmful "aromatic" constituents such as benzene. Benzene is a known cancer-causing agent (carcinogen). Aromatic compounds also tend to be the most easily dissolved in water and are responsible for making many drinking water sources in the state unfit for human use. Other contaminated sites can have chlorinated solvents, heavy metals, synthetic organic pesticides and non-chlorinated solvents. The most toxic of these tend to be the chlorinated compounds, including: chlorinated solvents, polychlorinated biphenyls (PCBs), and herbicides, including dioxin-containing herbicides. Heavy metal contamination can also pose a serious threat to public health where improper disposal of lead acid batteries has occurred, or where mercury was once used in mining retort operations. Chromium and arsenic also show up as heavy metal contaminants.

These contaminants have a variety of human health consequences. Many of the chlorinated hydrocarbons and some of the heavy metals are known to be carcinogenic. Some compounds present both a carcinogenic and chronic health risk. In some cases the most important factors to consider in weighing the effects of contaminants may be ecological rather than human health based because of the remoteness of the site.

Contamination of groundwater is the most serious problem in Alaska and the most costly to solve. Many sites currently listed on the inventory have drinking water exceeding state and EPA health standards for contamination. Populations of fish and other wildlife, on which many Alaskans depend could also be impaired in some areas.

Who pays?

Alaska law requires that state funds be recovered from responsible parties. DEC offers help with clean-up operations and any costs incurred by DEC in clean-up are billed to the party responsible for the contamination.  When a responsible party cannot be identified and a site is a serious threat to public health or the environment, the state may bear the cost of site investigation and/or cleanup.  In the case that the responsible party can not pay, can not be found or if the responsible party is the state, the money comes from the DEC Contaminated Site Program budget.

Conclusion

Because of the large number of contaminated sites and limited annual budget, contaminated sites must be prioritized for clean-up.  The ranking system evaluates the sources of contamination, ways that contaminants move through the environment, type of contaminated material and the potential routes of exposure to humans, plants and animals.   Those sites with the greatest risk to human health are given the highest priority for clean-up.  DEC needs the continued support and funding necessary to protect Alaskans from both past and present pollution threats. Untreated contaminated sites risk further contamination of soil and drinking water.  With greater funding and support this program can more quickly address this silent and underreported threat to the health of Alaskans and the surrounding environment.

On the Move -The march to a 90-day adjournment continues with budget matters in the spotlight and energy conservation emerging as a major issue. In a related development, the appointment of an Energy Coordinator, Steven Haagenson, is a welcome and important addition to the Palin Administration.

SB 288 Pesticides/Broadcast Chemicals in Schools – Sen. Wielechowski (D-Anchorage)

SB288 is one of ACA’s top priorities for this legislative session and addresses the use of pesticides in schools.  This bill would limit schools from using the two most toxic classes of pesticides, EPA’s Class I & II toxic pesticides, unless it was a health or safety emergency.  The issue of toxic chemicals in schools has long been ignored, except by the Anchorage School District. The bill received three committee referrals, Health, Education & Human Services, Resources, and Finance.  It will have its first hearing this Friday, March 14^th at 1:30 in the Health, Education and Social Services Committee.

SJR18 Child Product Safety – Sen. Wielechowski (D-Anchorage)

SJR18 is a resolution requesting the President of the United States to direct the Consumer Product Safety Commission (CPSC) to test the materials that are used in toys and other products for children and to make those results pubic.  Sen. Wielechowski’s resolution points out that the chemicals that make up the toys and products used by children in Alaska and across the US are not tested for short or long-term health effects.  This resolution has been referred to the Health, Education and Social Services Committee and Labor & Commerce Committee. It will have its first hearing on Friday, March 14^th at 1:30 the Health, Education and Social Service Committee.

SB229 Tanana Valley Forest/Minto Flats Refuge - Sen. Thomas (D-Fairbanks)

SB299 transfers certain portions of Tanana Valley State Forest land to the Minto Flats State Game Refuge. At its hearing last week this non-controversial bill, which cleans up the original legislation according to DNR, was passed on to the Rules Committee.

HB 404 Alternative Energy Task Force - Rep. Fairclough (R-Eagle River) | Rep. Edgmon (D-Dillingham) | Rep. Thomas (R-Haines) | Rep. Wilson (R-Wrangell) | Rep. Johnson (R-Anchorage) | Rep. Olson (D-Soldotna) | Rep. Kawasaki (D-Fairbanks) | Rep. Doll (D-Juneau) | Rep. Nelson (D-Bethel) | Rep. Kerttula (D-Juneau)

HB404 would create a Renewable Energy Task Force to develop a report and recommendations on what types of energy development are best suited to different regions of the state, and programs that can provide information on renewable energy. It reflects a strong, bi-partisan legislative interest in renewable energy and a desire to improve coordination and planning. A work session was conducted last week to discuss the bill. Rep. Fairclough may propose a CS to address member comments and concerns. The Governor’s recent appointment of the energy coordinator may help reduce legislative concerns about the lack of leadership on this issue.

HB176 Create Fort Rousseau Causeway Park – Rep. Wilson (R-Wrangell)

This measure would create the Fort Rousseau Causeway State Historical Park to “promote, support, and preserve public use by maintaining and protecting the area’s fish and wildlife habitat, cultural resources, and scenic values.” HB176 passed out of the House last session with a vote of 38-0 and has already moved out of Senate Resources. This bill passed the Senate today and will be sent to the Governor for consideration. **PASSED the Legislature**

HB 330 Noxious Weeds and Invasive Plants - House Resources Committee

HB330 was introduced to create a “Noxious Weed and Invasive Plant Board” in order to limit economic loss and adverse effects to the state's agricultural, natural, and human resources.  The bill has since been changed, replacing the Board with a state coordinator for noxious weed, invasive plant, and agricultural pest management and education. The coordinator is required to work in cooperation with the University of Alaska Cooperative Extension Service and the Association of Conservation Districts’ Board of Directors. ACA supports this bill and has been working to include language limiting pesticide use and allowances for natural northern migration of species due to climate change.  The House Resources committee took ACV’s suggestions into consideration in the drafting of the CS, which was passed unanimously. The bill was heard and held last week in House Finance for internal discussions of possible amendments. We expect it to keep moving.

HB 336 Susitna Hydroelectric Project - Rep. Johnson (R-Anchorage), Rep. Harris (R-Valdez) | Rep. Ramras (R-Fairbanks) | Rep. Kelly (R-Fairbanks)

Despite numerous hearings there still remain lingering questions about the purpose and scope of the bill.  HB336 directs the Alaska Energy Authority (AEA) to study the potential of a Susitna hydroelectric power project and prepare a proposal for an ‘appropriately sized Susitna hydroelectric project.” The bill gives the AEA over a year to complete the study. The bill was heard and held in House Finance for possible further work including fiscal note adjustments but is likely to move soon. One issue that keeps coming up is whether this study should include detailed analysis of alternatives; or whether that should happen later after an initial cut is made about the basic economic viability of the Susitna project.

SB 289 Home Energy Conservation – Sen. Hoffman (D-Bethel)

This bill adds energy efficiency as a criterion for Alaska Housing and Finance Corporation loans and programs.  SB289 was heard and held at its first hearing last week. Senators Stevens, Elton, Ellis and Kookesh signed on as co-sponsors. ACV strongly supports this bill which appears to be gaining momentum.  It will have a hearing on Tuesday at 1:30pm where it is expected to move to the Senate Finance Committee.

SSHB 348 Board of Game Regulations - Rep Keller (R-Wasilla)

Rep. Keller introduced Sponsor Substitute for HB 348.  The bill states that the Board of Game is working with an allocation of an asset when they manage wildlife populations for abundance. The bill was scheduled for a hearing last week in House Finance but not heard.  It has been rescheduled for a hearing this Friday, March 14^th in House Finance at 1:30pm.

SB 253 Board of Game – Sen. Huggins (R-Wasilla) || Rep. Keller (R-Wasilla)

SB253 changes the rules surrounding the timing of appointment relative to existing terms and replacement of Board of Game members.  If passed, the changes go into effect immediately.  Already through the Senate, the bill was supposed to be heard last week but the meeting was cancelled.  It has been rescheduled for a hearing Friday, March 14^th at 1pm in Barnes room 124.

HB 387  Distribution of Telephone Books – Rep. Gardner (D-Anchorage)

HB387 would limit telephone and other utility companies from distributing more than one phonebook to each household.  Any households wanting additional phonebooks would be able to contact their utility and request additional copies.  This bill is supported by ACV since it would limit paper consumption and the number of phonebooks that end up in local landfills.  The bill received a lot of scrutiny in its hearing last week.  As no utilities were present to testify, Rep. LeDoux asked that another hearing be held to hear from local utilities.

HJR 14 Exxon Plaintiffs ; H.R. 2419, SEC. 12801- House Fisheries Committee

Urging the United States Congress to enact H.R. 2419, sec. 12801, so that individuals receiving a damage award from the Exxon Valdez oil spill can benefit from the income averaging and retirement contribution provisions of the bill. This resolution passed the House unanimously.

SB216 Purple Heart Trail – Sen. Ellis (D-Anchorage) | Sen. Thomas (D-Fairbanks) | Sen. Wielechowski (D-Anchorage) | Sen. Stevens (R-Kodiak) | Sen. Kookesh (D-Angoon) | Sen. Davis (D-Anchorage) | Sen. French (D-Anchorage) | Sen. Bunde (R-Anchorage) | Sen. Hoffman (D-Bethel) | Sen. Elton (D-Juneau) | Sen. Green (R-Wasilla)

"An Act designating the Alaska Highway and portion of the Richardson Highway as the Purple Heart Trail." Introduced this session, SB 216 was heard last week in Senate Finance and passed out of the committee and on to Rules with Senators Hoffman, Stedman, Elton, Thomas, Huggins, Olson voting Do Pass.  HB283 has already passed out of the Transportation Committee but was given a referral to Senate Finance Committee. It was heard and held in the House Transportation Committee. SB216 passed the Senate today and will be taken up in the House shortly.  ***Passed the Senate***

Hearings this Week

Click on the date in the table below to get the most current schedule information for that day, or check the BASIS hearing schedule. Once a bill has been heard in a particular committee it may be brought up again without public notice or listing on the weekly committee schedule. You can click on Committee to find all of the committees with their members.