Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 2 - Financial Responsibility for Oil Discharges › 18 AAC 75.235 - Amount and evidence of financial responsibility; general provisions

Current through May 31, 2024
(a) Each vessel or
				facility must be specifically covered by an approved form of financial
				responsibility. The dollar amounts of required financial responsibility set out
				in AS
				46.04.040 or
				46.04.055 are adjusted, based upon
				the percentage change between the reference base index and the semi-annual
				average Consumer Price Index for all urban Alaska consumers for the second half
				of 2022, as reported for Anchorage and Matanuska-Susitna Borough by the United
				States Department of Labor, Bureau of Labor Statistics. An applicant under
				18 AAC 75.205 or
				18 AAC 75.225 must demonstrate
				financial responsibility to respond in damages for claims covered by
				AS
				46.04.040(i) in the
				following applicable minimum amount:
(1) for
				a crude oil terminal facility, $111,450,000 per incident;
(2) for a noncrude oil terminal facility,
				$55.72, per incident, for each barrel of total noncrude oil storage capacity at
				the terminal, or $2,229,000, whichever is greater, subject to a maximum of
				$111,450,000; if the facility stores more noncrude oil than crude oil, the
				$55.72 per incident, per barrel requirement of this paragraph applies to each
				barrel of oil storage capacity at the facility;
(3) for a tank vessel or barge carrying crude
				oil, $688.70, per incident, for each barrel of storage capacity or
				$222,900,000, whichever is greater;
(4) for a tank vessel or barge carrying
				noncrude oil, $222.90, per incident, for each barrel of storage capacity or
				$2,229,000, whichever is greater, subject to a maximum of
				$78,015,000;
(5) for a nontank
				vessel carrying predominantly nonpersistent product, $222.90 per incident, for
				each barrel of total oil storage capacity, persistent and nonpersistent
				product, on the vessel or $2,229,000, whichever is greater;
(6) for a nontank vessel carrying
				predominantly persistent product, $688.70 per incident, for each barrel of
				total oil storage capacity, persistent product and nonpersistent product, on
				the vessel or $11,145,000, whichever is greater;
(7) for a railroad tank car,
(A) $688.70 per incident for each barrel of
				persistent product based on the maximum amount of persistent product storage
				capacity of any train on the railroad; and
(B) $222.90 per incident for each barrel of
				nonpersistent product based on the maximum amount of nonpersistent product
				storage capacity of any train on the railroad or $2,229,000, whichever is
				greater;
(8) for a
				pipeline, $111,450,000 per incident;
(9) for an offshore exploration or production
				facility, $111,450,000 per incident;
(10) for an onshore production facility that
				produces more than 10,000 barrels per day of oil, $44,580,000 per
				incident;
(11) for an onshore
				production facility that produces more than 5,000, but not more than 10,000
				barrels per day of oil, $22.290.000 per incident;
(12) for an onshore production facility that
				produces more than 2,500, but not more than 5,000 barrels per day of oil,
				$11,145,000 per incident;
(13) for
				an onshore production facility that produces 2,500 or fewer barrels per day of
				oil, $2,229,000 per incident;
(14)for an onshore exploration facility,
				$2,229.000 per incident.