Section 18 AAC 75.400 - Applicability(a) A person who is subject to AS 46.04.030 or AS 46.04.055(j) must file an application for approval of an oil discharge prevention and contingency plan as required under 18 AAC 75.400 - 18 AAC 75.420 and meet the applicable requirements of 18 AAC 75.430 - 18 AAC 75.495. Notwithstanding this requirement, a person who is subject to AS 46.04.030 and operates a noncrude oil tank vessel or barge that has a storage capacity of less than 500 barrels may instead file an application for approval of a streamlined plan under 18 AAC 75.400 - 18 AAC 75.421; the applicant must meet the applicable requirements of 18 AAC 75.426 - 18 AAC 75.496. A person who is subject to AS 46.04.055(f) must file an application for approval of a streamlined plan as required under 18 AAC 75.400 - 18 AAC 75.421 and meet the applicable requirements of 18 AAC 75.426 - 18 AAC 75.496. The application must be made (1) for an oil terminal facility that docs not meet the exemption criteria under AS 46.04.050(a), by the owner or operator of the facility;(2) for a vessel, by the person with primary operational control;(3) for an exploration or production facility, whether mobile or fixed, by the operator or one or more lease holders;(4) for a pipeline, by the lease holder or the operator; or(5) for a railroad tank car, by the railroad transporting the railroad tank car.(b) The person with primary operational control of a vessel that is conducting or is available only for conducting an oil discharge response operation may apply for an exemption from the requirements of AS 46.04.030(c) and 46.04.055(f) using an application form supplied by the department. The department will review the application to determine whether the exemption will be protective of human health, safety, and welfare, and of the environment. The department will approve or deny the exemption not later than 10 working days after it receives the application. In an emergency response to an actual discharge, a person seeking an exemption may make a verbal request, and the department may issue a verbal approval. The department will confirm a verbal approval in writing, stating the period during which the approval is valid.(c) The owner or operator of an oil terminal facility that is subject to the requirements of AS 46.04.030 and 18 AAC 75.400 - 18 AAC 75.495 may apply for an exemption from those requirements if the effective storage capacity of the facility has been permanently reduced below the amounts set out in AS 46.04.050. The owner or operator shall apply for an exemption, and the department will review the application, as follows; (1) the owner or operator shall submit an application form and a letter describing the permanent modification made to the facility; (2) the applicant must provide proof of the permanent modification as follows: (A) for purposes of reducing the storage capacity of the facility by removing one or more tanks, (i) the tanks and associated piping must be emptied, secured in a manner to prevent unauthorized use, and either blank-flanged or disconnected from each other; (ii) tanks removed from service must be clearly marked with the words "Out of Service" and the date taken out of service; and (iii) before reactivation of a tank that has been removed from service for the purposes of an exemption under this subsection, the owner or operator must notify the department and, if necessary, must file a new application for approval of an oil discharge prevention and contingency plan; and (B) for the purpose of changes to the storage capacity of a tank, changes must be made in a permanent manner; (3) the department will approve or deny the request for an exemption not later than 30 days after it receives a complete application; and(4) the department will conduct inspections as necessary to ensure compliance with this subsection.(d) The department may accept a single plan from an operator to address multiple facilities based on similarities in operations, receiving environments, logistical considerations, or other factors that demonstrate that a single plan is appropriate given the commonality of operations.(e) A person shall notify the department as soon as the person is aware of circumstances warranting a nontank vessel to enter state waters under AS 46.04.055(e), and the department will determine if the circumstances warranted entry without an approved nontank vessel streamlined plan.(h) An oil discharge prevention and contingency plan is required for (1) an oil terminal facility, except for a vessel operating as an oil terminal facility, until the storage capacity of the facility has been permanently reduced as set out in (c) of this section;(2) a pipeline, while the pipeline (A) is connected to a production facility or oil terminal facility; or(3) an exploration or production facility until the Alaska Oil and Gas Conservation Commission determines that all wells have been plugged as required under 20 AAC 25.112 and abandoned as required under 20 AAC 25.105; and(4) a vessel while in the waters of the state.(i) In this section, "receiving environment" means fresh or marine water, ice, or land outside of an impermeable secondary containment area.(j) The person that files an application under (a) of this section must be the same as the responsible party that submits an application for proof of financial responsibility for oil discharges under 18 AAC 75.205(a), and the filed application must be signed in accordance with 18 AAC 75.408(b).Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 5/26/2004, Register 170; am 4/16/2016, Register 218, July 2016; am 11/7/2020, Register 236, January 2021; am 2/5/2023, Register 245, April 2023Authority:AS 46.03.020
AS 46.04.030
AS 46.04.050
AS 46.04.055
AS 46.04.070