Background

The Alaska Department of Environmental Conservation (DEC) is committed to protecting human health and the environment through regular updates to our water quality standards (WQS). DEC has been engaged in the revision to Human Health Criteria (HHC) WQS since 2013 and recently committed to finalizing that rulemaking.

HHC is the maximum concentration of a pollutant in a waterbody considered to be protective of human health. DEC HHC are adopted via the Alaska Water Quality Criteria Manual for Toxic or Other Deleterious Organic or Inorganic Substances (2022) or based on values promulgated by U.S. Environmental Protection Agency (EPA) for several states, including Alaska, in 1992 as part of the National Toxics Rule (NTR).

HHC can be derived using EPA-recommended equations with general and pollutant-specific inputs. There are approximately 116 pollutants that are being considered as part of this HHC rulemaking. These pollutants are classified as inorganic pollutants (e.g., methylmercury), pesticides (e.g., chlordane, DDT), and volatile organic carbons (components of petroleum fuels, hydraulic fluids, paint thinners, and dry-cleaning agents). Revising these HHC WQS may impact wastewater dischargers by requiring more rigorous sampling methods and potentially require treatment.

Current Status: The U.S Environmental Protection Agency and DEC have determined that formal rulemaking is required to update Alaska’s HHC to reflect current science and science policies pertaining to the protection of human health in state water quality standards and applicable in Waters of the U.S.

DEC initiated a public scoping effort on February 10, 2023, to collect and evaluate information and hear from stakeholders to determine what revisions are most appropriate. This will ultimately lead to a more informed rulemaking.

RULEMAKING PROCESS

1. Research and Review Issue.

DEC has researched available information and science, considered different options, and evaluated how implementation may affect water quality, water users, and regulated industries. DEC has taken the following actions:

• Held a public workshop on the HHC development process in 2015
• Established a Human Health Technical Workgroup that met between 2015 and 2018
• Engaged with the Alaska Department of Fish and Game to develop and publish Regional and Statewide Fish Consumption Rates for Rural Alaska populations (2019)
• Published the DEC Human Health Criteria Workgroup Final Report (2018) That presents the different inputs of the HHC formula, Alaska-specific issues, and Workgroup recommendations and dissenting opinions.
• Published Alaska Statewide and Regional Estimates of Consumption Rates in Rural Communities for Salmon, Halibut, Herring, Non-marine Fish, and Marine Invertebrates (EPA-contracted report) (2019)
• 2023 Forum on the Environment Human Health Criteria Workshop Presentation (February 2023)
• 2023 Human Health Criteria Public Scoping Factsheet

2. Solicit pre-draft regulation comments on HHC formula inputs.

DEC conducted a public scoping effort from February 10 – March 31, 2023 to collect and evaluate information and hear from stakeholders to determine what revisions are most appropriate. This will ultimately lead to a more informed rulemaking. DEC provided outreach about the scoping process during the public notice period at several stakeholder-specific events.

3. Prepare draft Water Quality Standards (WQS) Rulemaking Documentation

DEC will prepare draft proposed regulation revisions, technical and policy explanations, and similar rulemaking documentation. The draft proposed regulations will represent Alaska-specific research, data, and science policy.

4. Public notice of draft proposed WQS revisions.

DEC will issue a public notice and hold a public hearing for the draft proposed HHC rulemaking package consistent with AS 44.62, the Administrative Procedures Act and the federal Clean Water Act. DEC will make copies of the proposed rulemaking available on its website and accept comments electronically via the DEC public comment webpage or in writing via email or delivery to the DEC-Juneau office. The full contents of all submitted comments are considered public records and will be posted online in full during the public comment period.

5. Amend and adopt new WQS.

Following the public notice period, DEC will develop a formal Response to Comments document, final regulations, and technical documentation for adoption by the DEC Commissioner and Lieutenant Governor. Adopted WQS are subject to approval by EPA for use under the Clean Water Act.