Section 18 AAC 75.415 - Procedures to apply for oil discharge prevention and contingency plans; plan amendments(a) An application for approval of an amendment to an oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408 and approved by the department, before a change to a plan may take effect, unless it is a routine plan update under (b) of this section. A plan amendment that incorporates one or more of the following will be reviewed as a major amendment: (1) an increase to the response planning standard volume that exceeds the response capabilities of the plan holder documented in the plan;(2) a change that affects the response scenarios, including a change to the (B) receiving environment as defined in 18 AAC 75.400(i); or(C) season of operations; (3) expansion of the operations to include one or more new physical locations outside of the current operational area of the plan;(4) a change to the amount or quality of prevention, response resources, or training that reduces the existing level of prevention or response capabilities;(5) a change that requires an increase in prevention, response resources, or training.(b) A routine plan update must be submitted in accordance with 18 AAC 75.408 not later than 10 working days after the date the proposed change occurs. Routine plan updates include (1) a deletion from the list of vessels operating under the approved plan if the deleted vessel is not included as a response asset in the current response action plan under 18 AAC 75.449; and(2) a revision to the list of names, addresses, or telephone numbers of the plan holder's spill command and response personnel.(c) An amendment application to allow the addition of a vessel to operate under an approved oil barge or tank vessel oil discharge prevention and contingency plan must include the information required by 18 AAC 75.449(a)(9) and 18 AAC 75.451(b)(3) and (b)(5). The amendment application package must be submitted at least five working days before the vessel enters state waters. The department will issue a written decision not later than five working days after receiving the amendment application package unless the department determines that it is a major amendment under (a) of this section.(f) The department will determine whether a proposed minor plan amendment submitted under (a) of this section is a major or minor amendment, and will notify the plan holder of the determination not later than 10 working days after receipt of the amendment application package. For a minor amendment, the department will issue a written decision not later than 30 days after receipt of the amendment application package.(g) A major amendment will be reviewed under 18 AAC 75.455. A minor amendment will not be reviewed under 18 AAC 75.455.(h) For a minor amendment approved under (f) of this section, the plan holder shall submit a copy of the approved amended plan to the department not later than 30 days after approval. The department will notify interested persons by electronic mail to a listsery facilitated by the department that the approved amended plan is available on the department's Internet website.(i) An amendment application to allow the addition of an aboveground oil storage tank with a storage capacity of 10,000 gallons or greater to operate on a temporary basis under an approved plan must include, as appropriate, the information required by 18 AAC 75.451(b)(1) and (5). An application package for this type of plan amendment must be submitted at least 10 working days before the aboveground oil storage tank is located at a facility. Unless the department determines that it is a major amendment under (a) of this section, the department will issue a written decision not later than 10 working days after receiving the application package.Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 4/8/2012, Register 202; am 4/16/2016, Register 218, July 2016; am 3/23/2017, Register 221, April 2017; am 10/27/2018, Register 228; am 2/5/2023, Register 245, April 2023Authority:AS 46.03.020
AS 46.04.030
AS 46.04.055
AS 46.04.070