Section 18 AAC 75.455 - Department review procedures for oil discharge prevention and contingency plans; new plans, plan renewals, and major plan amendments(a) Not later than seven working days after receipt of an oil discharge prevention and contingency plan application package for a new plan, plan renewal or major amendment, the department will determine if the application package is sufficient for review. For an amendment application submitted as a minor amendment but determined to be a major amendment, the department will determine if the application package is sufficient for review not later than seven working days after it determines that the application is for a major amendment. If the application package is not sufficient for review, the department will notify the applicant in writing.(b) When the department determines that an application package is sufficient for review, the department will (1) notify the applicant in writing; (2) direct the applicant to provide copies of the application package to the department in accordance with 18 AAC 75.408(c);(3) set the public comment period for a minimum of 30 days; if the department determines that the application package is unusually large or complex, or that determines a longer comment period is in the public interest, the department will set the public comment period for a maximum of 45 days;(4) send a letter to the applicant, and send notice to interested persons by electronic mail to a listsery facilitated by the department; in the letter the department will include (A) information on the public comment period established under (3) of this subsection; and(B) a statement that the department will accept comments on the plan and proposed requests for additional information until the end of the comment period; and(5) publish a notice online announcing the public comment period for the plan and will notify interested persons of the availability of the package on the department's Internet website by electronic mail to a listsery facilitated by the department; the notice will include (A) a statement that a person may submit comments or propose requests for additional information by providing them to the department before the published deadline;(B) information on the nature and location of the plan; and(D) a statement that the application package is available on the department's Internet website.(c) If the department determines that additional information is required to evaluate if the application package is complete, (1) the department will notify the applicant in writing that a request for additional information will be transmitted and when the request will be provided; the department will transmit the request for additional information not later than 60 days after the end of the public comment period in (b) of this section; if the department determines that the package is unusually large or complex, the request will be transmitted not later than 90 days after the close of the public comment period in (b) of this section; the department may set a deadline for the submittal of the additional information;(2) the applicant must provide responses to the requests for additional information to the department in accordance with 18 AAC 75.408(c);(3) if the applicant has not provided the information requested or if the applicant's responses to requests for additional information cause the department to identify additional information needed to find the application package is complete, the department will send subsequent requests for additional information until the department determines that the requests have been answered and the application package is complete; and(4) when the department has verified all requests have been addressed, the applicant must provide copies of the responses to the requests for additional information in accordance with 18 AAC 75.408(c).(d) Upon receipt and review by the department of the additional information requested under (c) of this section, the department will provide notice to the parties described in 18 AAC 75.408(d) of a minimum 10-day public comment period on the additional information. The comment period under this subsection is limited to the additional information submitted in response to the request for additional information.(e) The department will make a determination as to whether an application package is complete not later than seven working days after the end of the public comment period established in (d) of this section or, if no action was taken under (c) of this section, not later than seven working days after the end of the comment period established under (b)(3) of this section. The department will notify the applicant when the application package is complete.(f) The department will hold a public hearing on an application package in the manner provided under 18 AAC 15.060 if (1) the department determines that good cause exists; or (2) at least 20 days before the end of the public comment period under (b)(3) of this section, a hearing is requested by (A) at least 50 residents of the affected area; or (B) the governing body of an affected municipality or tribal entity.(g) Not later than 60 days after the department determines that an application package is complete under (e) of this section, the department will approve, approve with conditions, or disapprove a plan and issue a decision under 18 AAC 75.460.(h) To assist the department in its review of oil discharge prevention and contingency plans under this chapter, the department will enter into an annual agreement with the Department of Natural Resources and the Department of Fish and Game to provide expertise regarding protection of fish and game, state land, areas of public concern, and environmentally sensitive areas.Eff. 5/14/92, Register 122; 11/27/2002, 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