reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.045 - Operating requirements for exploration and production facilities

Current through May 31, 2024
(a) In addition to
				the applicable requirements of
				18 AAC 75.007 -
				18 AAC 75.025, the owner or
				operator of an exploration or production facility shall collect and store oil
				produced during a formation flow test or other drilling operation in a manner
				that prevents the oil from entering the land or waters of the state.
(b) In state waters, a marine structure used
				for drilling must be inspected for fatigue and structural integrity as required
				by  30 C.F.R. Part 250, Subpart I, revised as of July 1, 2001 and adopted by
				reference. The inspection must be conducted after installation of the structure
				and before drilling or production operations begin. The owner or operator shall
				submit to the department a report of the inspection results and any corrective
				actions taken.
(c) Closure valves
				for pipelines leaving marine structures must be located at a protected location
				that isolates the pipeline from the structure if a discharge or other emergency
				occurs and must function both manually and remotely as part of an emergency
				shutdown system.
(d) The owner or
				operator of an exploration or production facility shall provide, at a minimum,
(1) containment and collection devices such
				as drip pans and curbs for offshore exploration or production wells;
				and
(2) wellhead sumps for
				exploration or production wells located onshore or on artificial islands or ice
				islands; for exploration or production wells drilled and completed after
				December 30, 2008 and located onshore or on artificial islands or ice islands,
				wellhead sumps shall be designed and installed to be sufficiently
				impermeable.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.047 - Requirements for flow lines at production facilities

Current through May 31, 2024
(a) The
				requirements of this section apply to each flow line associated with a
				production facility.
(b) Unless the
				owner or operator must comply with a more stringent requirement set out in this
				section, the owner or operator shall ensure that the design and construction of
				each flow line placed in service after December 30, 2008 is consistent with one
				of the following standards:
(1) American
				Society of Mechanical Engineers,
Pipeline Transportation Systems for
				Liquid Hydrocarbons and Other Liquids
, 2002 Edition (ASME B31.4-2002),
				adopted by reference;
(2) American
				Society of Mechanical Engineers,
Gas Transmission and Distribution
				Piping Systems
, 2003 Edition (ASME B31.8-2003), adopted by
				reference;
(3) another equivalent
				and nationally recognized standard approved by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.055 - Leak detection, monitoring, and operating requirements for crude oil transmission pipelines

Current through May 31, 2024
(a) A crude oil transmission pipeline must be
				equipped with a leak detection system capable of promptly detecting a leak,
				including
(1) if technically feasible, the
				continuous capability to detect a daily discharge equal to not more than one
				percent of daily throughput;
(2)
				flow verification through an accounting method, at least once every 24 hours;
				and
(3) for a remote pipeline not
				otherwise directly accessible, weekly aerial surveillance, unless precluded by
				safety or weather conditions.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.065 - Field-constructed aboveground oil storage tank requirements

Current through May 31, 2024
(a) Unless the
				owner or operator must comply with a more stringent requirement set out in this
				section, the owner or operator of an oil terminal, crude oil pipeline,
				exploration, or production facility shall maintain and inspect each
				field-constructed aboveground oil storage tank consistent with the
				requirements, as appropriate, of the American Petroleum Institute's (API)
(1)
Tank Inspection, Repair,
				Alteration, and Reconstruction
, Fifth Edition, November 2014, Addendum
				1, April 2018, and Addendum 2, May 2020 (API 653), adopted by reference;
				or
(2)
Installation,
				Operation, Maintenance, Inspection, and Repair of Tanks in Production
				Service
, Sixth Edition, March 2020 (API RP 12R1), adopted by
				reference.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.066 - Shop-fabricated aboveground oil storage tanks

Current through May 31, 2024
(a) The owner or
				operator of a shop-fabricated aboveground oil storage tank placed in service
(1) on or before December 30, 2008 shall meet
				the requirements of (f) - (h) of this section;
(2) after December 30, 2008 and before {May
				17,2022} shall meet the requirements of (b) - (h) of this section; or
(3) on or after May 17,2022 shall meet the
				requirements of (c) - (j) of this section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.075 - Secondary containment requirements for aboveground oil storage tanks

Current through May 31, 2024
(a) Onshore
				aboveground oil storage tanks must be located within a secondary containment
				area that has the capacity to hold the volume of the largest tank within the
				containment area, plus enough additional capacity to allow for local
				precipitation. Minimum secondary containment system requirements include
(1) berms, dikes, or retaining walls that are
				constructed to prevent the release of spilled oil from within the containment
				area; and
(2) with the exception of
				the area under a tank, components constructed of, or lined with, materials that
				are
(A) adequately resistant to damage by the
				products stored to maintain sufficient impermeability;
(B) resistant to damage from prevailing
				weather conditions;
(C)
				sufficiently impermeable; and
(D)
				resistant to operational damage.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.080 - Requirements for facility oil piping

Current through May 31, 2024
(a) The owner or
				operator of an oil terminal, crude oil transmission pipeline, exploration
				facility, or production facility shall ensure that all facility oil piping
				associated with that facility meets the requirements of this section.
(b) The owner or operator shall maintain
				metallic facility oil piping containing oil in accordance with a written
				corrosion control program.
(c)
				Unless the owner or operator must comply with a more stringent requirement set
				out in this section, the owner or operator shall ensure that facility oil
				piping placed in service after December 30, 2008 is designed and constructed in
				accordance with one of the following standards, as appropriate:
(1) American Society of Mechanical Engineers,
Process Piping,
2004 Edition (ASME B31.3-2004), adopted by
				reference;
(2) American Society of
				Mechanical Engineers,
Pipeline Transportation Systems for Liquid
				Hydrocarbons and Other Liquids,
2002 Edition (ASME B31.4-2002),
				adopted by reference;
(3) American
				Society of Mechanical Engineers,
Gas Transmission and Distribution
				Piping Systems,
2003 Edition (ASME B31.8-2003), adopted by
				reference;
(4) another equivalent
				standard approved by the department.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 1 - Oil Pollution Prevention Requirements › 18 AAC 75.085 - Requirements for railroad tank cars and operations by rail

Current through May 31, 2024
In addition to the applicable requirements of
				  18 AAC 75.007 -
				  18 AAC 75.025, the owner or
				  operator of a railroad tank car shall ensure that
(1) the tank car meets all applicable federal
				specifications;
(2) the operation
				and transport of railroad tank cars by railroad, at a minimum, meet all
				applicable federal operating and transport criteria and practices;
(3) if the tank car is subject to the federal
				inspection and maintenance reporting requirements of
				49 C.F.R.
				180.501 -
				180.519, the required reports are
				available for review by the department upon request;
(4) the transporting railroad maintains
				avalanche detection and mitigation systems designated to address local
				avalanche hazards to the safe transportation of railroad tank cars;
				and
(5) the transporting railroad
				maintains an appropriate system of track-mounted detectors designed to detect
				defects on railroad tank cars during transit.
Authority:
AS
					 46.03.020
AS 46.04.030
AS 46.04.055
AS
					 46.04.070
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 75.205 - Application for approval

Current through May 31, 2024
(a) Subject to the
				exemptions provided under
				AS
				46.04.050 and (d) of this section, an
				application for approval of proof of financial responsibility under
				AS
				46.04.040 or
				46.04.055, including an
				application for renewal of approval under
				18 AAC 75.225, must be submitted
				to the department by the following responsible party:
(1) for an oil terminal facility that has a
				storage capacity of 5,000 barrels or more of crude oil or 10,000 barrels or
				more of noncrude oil as provided in
				AS
				46.04.0S O(a),, by the owner or operator of
				the facility;
(2) for a railroad
				tank car, by the owner or operator of the railroad tank car;
(3) for a vessel, by
(A) the charterer, if the vessel is chartered
				by demise;
(B) the operator of the
				vessel;
(C) the owner of the
				vessel, if the agents or employees of the owner retain control and
				responsibility for the operation of the vessel; or
(D) in any other case, the person with
				primary operational control;
(4) for an exploration or production
				facility, whether mobile or fixed, by the operator or one or more lease
				holders;
(5) for a pipeline
				facility, by the operator or one or more lease holders;
(6) for a group of vessel or facility owners
				or operators who have agreed to pool their resources to provide proof of
				financial responsibility for each other, by a designated person in the
				group.
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 75.215 - Applications submitted by facsimile or electronic mail

Current through May 31, 2024
The department will accept an application by electronic
				  mail. Original documentation for self-insurance under
				  18 AAC 75.245 or a guaranty under
				  18 AAC 75.260 must be submitted to
				  the department by registered or certified mail or by courier and must be
				  postmarked or dated by courier within two working days after it was sent by
				  electronic mail.
Completed applications may be submitted to the department
					 financial responsibility inbox at
					 dec.spar.pprp.ind.fr@alaska.gov
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070
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 75.220 - Application for amendment

Current through May 31, 2024
The owner or operator must file an application with the
				  department for a change in operation that would change the dollar amount of
				  financial responsibility required under
				  18 AAC 75.235(a).
				  The application must include appropriate proof of financial responsibility
				  under 18 AAC 75.235 -
				  18 AAC 75.271, include a letter
				  describing the change in operation, and be submitted to the department at least
				  30 days before placing the changed operations into service, except that the
				  owner or operator of a nontank vessel must submit changes at least 15 days
				  before placing the changed operations into service within state waters. The
				  department will review the application in accordance with
				  18 AAC 75.205 -
				  18 AAC 75.270.
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070
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 75.225 - Renewals

Current through May 31, 2024
(a) An application for renewal of department
				approval of proof of financial responsibility must be submitted to the
				department at least 30 days, but no earlier than 90 days, before the current
				approval of proof of financial responsibility expires, except for a nontank
				vessel. For a nontank vessel, an application for renewal must be submitted at
				least 15 days before expiration.
(b) An application for renewal must include
				the information required by
				18 AAC 75.205(b)(1).
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070
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 75.236 - Amount and evidence of financial responsibility; onshore production facilities

Current through May 31, 2024
(a) In addition to
				the other applicable requirements of this chapter, for an onshore production
				facility, the amount of financial responsibility required is based on maximum
				daily production of oil, measured in barrels per day. "Maximum daily
				production" means the highest amount of oil to be produced at a facility in one
				day during the period for which application is made.
(b) For an onshore production facility that
				is taken out of service, or suspended under 20 AAC 25, but that is not closed
				or abandoned, the amount of financial responsibility required is the most
				recent amount of financial responsibility required under this chapter, and that
				amount will continue to be required until production resumes, at which time the
				owner or operator shall determine maximum daily production under (a) of this
				section.
(c) The owner or operator
				shall, when submitting an application under
				18 AAC 75.205 or
				18 AAC 75.225, submit a statement
				certifying that the maximum daily production of oil at a facility during the
				period for which application is made will be
(1) more than 10,000 barrels a day;
(2) more than 5,000 barrels a day, but not
				more than 10,000 barrels a day;
(3)
				more than 2,500 barrels a day but not more than 5,000 barrels a day;
				or
(4) 2,500 or fewer barrels a
				day.
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 75.237 - Public access to records

Current through May 31, 2024
Records received by the department under
				  18 AAC 75.205 -
				  18 AAC 75.290, including financial
				  responsibility applications, operations files, and proof of financial ability
				  to respond to a spill incident, are subject to
				  AS
				  40.25.110-40.25.220.
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070
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 75.240 - Certificate of proof of financial responsibility

Current through May 31, 2024
(a) If the
				department approves a proof of financial responsibility, it will issue a
				certificate to the applicant stating that the proof of financial responsibility
				requirements have been met for each vessel or facility identified in the
				application.
(b) The original
				certificate, or a copy of the original certificate, including a printed copy of
				a certificate sent by electronic mail or a facsimile copy, that is certified by
				the applicant to be a true copy of the original certificate, must be readily
				available for inspection
(1) at each covered
				facility or pipeline;
(2) on each
				covered vessel while it is in state waters; the certificate must be shown to
				the owner or operator of an oil terminal facility before loading or unloading
(A) liquid bulk oil cargo; or
(B) oil to or from a nontank vessel;
				or
(3) with respect to a
				railroad tank car, at the headquarters office of the responsible party under
				18 AAC 75.205(a)
				and at each facility at which oil is loaded or unloaded; if the financial
				responsibility requirements of the responsible party change, the responsible
				party shall immediately notify the department and the affected facilities and
				obtain an updated or amended certificate to reflect such changes, in accordance
				with 18 AAC 75.205 and
				18 AAC 75.225.
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 75.245 - Self-insurance

Current through May 31, 2024
(a) In order to demonstrate financial
				responsibility through self-insurance, an applicant shall maintain in the
				United States, working capital and net worth, each in an amount at least equal
				to the applicable amount required under
				18 AAC 75.235(a),
				or a lesser amount necessary to supplement other forms of proof which, when
				combined, are at least equal to the applicable amount required under
				18 AAC 75.235(a).
				In determining working capital or net worth, the department will consider all
				current contractual requirements to which the applicant is bound. For the
				purposes of this subsection,
(1) "working
				capital" means the amount of current assets located in the United States,
(a) other than those assets that are
				petroleum inventory that may be affected by an oil discharge from a facility
				covered by the self-insurance; and
(b) less all worldwide current liabilities;
				and
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 75.255 - Surety

Current through May 31, 2024
(a) An applicant may demonstrate financial
				responsibility with a contract of surety, in full or in part, for the
				applicable amount required under
				18 AAC 75.235(a).
				The applicant shall submit the contract of surety to the department on forms
				supplied by the department.
(b) The
				issuer of the contract of surety must
(1) be
				registered to do business in Alaska;
(2) possess a current certificate of
				authority to do business in the United States under  31 C.F.R. 223 ;
				and
(3) possess an underwriting
				limitation of risk at least equal to the amount of the bond, or in a lesser
				amount necessary to supplement other forms of proof of financial
				responsibility.
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 75.260 - Guaranty

Current through May 31, 2024
(a) An applicant may demonstrate financial
				responsibility with a contract of guaranty, in full or in part, for the
				applicable amount required under
				18 AAC 75.235(a).
				The applicant shall submit the contract of guaranty to the department, using a
				form supplied by the department.
(b) The issuer of the guaranty contract must
				meet the financial, application, and reporting requirements of
				18 AAC 75.245.
(c) Termination or cancellation of a guaranty
				that serves as proof of financial responsibility under
				AS
				46.04.040 may not become effective until 60
				days after the guarantor notifies the department in writing, by certified mail,
				at its office in Juneau, Alaska. The guarantor remains liable for any discharge
				occurring before the effective date of termination or cancellation.
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.045
AS 46.04.055
AS
					 46.04.070
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 75.265 - Letters of credit

Current through May 31, 2024
(a) An applicant may demonstrate financial
				responsibility with a letter of credit, in favor of the State of Alaska, for
				the applicable amount required under
				18 AAC 75.235(a),
				in full or in part. The letter of credit
(1)
				must be irrevocable for a period of not less than one year on the part of the
				issuer; in addition, the letter must provide that it will be automatically
				extended for one year unless the department and the applicant are notified in
				writing at least 90 days before expiration of its stated term that the letter
				will not be renewed; however, if a vessel is to be used in state waters for
				less than one year, the letter of credit must cover the period that the vessel
				is to be used in state waters plus 30 days;
(2) must be irrevocable until satisfaction of
				a judgment or of a claim against the applicant under
				AS
				46.04.040(i) or the
				provisions cited in it which results from a discharge occurring during its
				term, subject to the limit of credit;
(3) must be a standby letter of credit to
				respond specifically to a claim under
				AS
				46.04.040(i) or the
				provisions cited in it, subject to the limit of credit;
(4) may not be used as collateral and may not
				be drawn upon by the applicant except to respond to a claim under
				AS
				46.04.040(i) or the
				provisions cited in that subsection for as long as the letter of credit is used
				by the applicant as proof of financial responsibility under
				AS
				46.04.040 or
				46.04.055;
(5) must be issued by a financial institution
				that has authority to issue letters of credit, and that is regulated and
				examined by state and federal banking agencies; and
(6) must state an effective date and an
				expiration date, and must be effective on or before the approval date of proof
				of financial responsibility.
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 75.270 - Other proof of financial responsibility for tank vessels, oil barges, oil terminal facilities, oil exploration or production facilities, pipelines, and railroad tank cars

Current through May 31, 2024
(a) This section
				applies to other proof of financial responsibility for tank vessels, oil
				barges, oil terminal facilities, oil exploration or production facilities,
				pipelines, and railroad tank cars. An applicant may demonstrate financial
				responsibility for the applicable amount required under
				18 AAC 75.235(a)(1) - (4) or (7) - (14), in
				full or in part, with a contract of indemnity or with insurance issued by a
				group of insureds who have agreed to cover the pollution risks of the group's
				members, if approved by the department.
(b) Subject to
				AS
				46.04.040(e), the department
				will, in its discretion, approve a protection and indemnity (P&I) club or
				an insurance syndicate contract of indemnification as demonstrating financial
				responsibility under this section if
(1) a
				statement of indemnification issued by the P&I club or insurance syndicate
				contains an endorsement that meets the requirements of
				18 AAC 75.250(b);
(2) the P&I club or insurance syndicate
				has the financial solvency and a favorable history of claim handling to meet
				the obligations contained in the contract of indemnity; and
(3) the P&I club or insurance syndicate
				appoints an agent for service of process in the state as required under
				AS
				46.04.040(e).
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 75.271 - Proof of financial responsibility for nontank vessels

Current through May 31, 2024
(a) This section
				applies to proof of financial responsibility for nontank vessels. An applicant
				may demonstrate financial responsibility for the applicable amount required
				under 18 AAC 75.235(a) (5) or (6), in full or in part, with
(1) evidence of financial responsibility
				meeting the requirements of
				18 AAC 75.245,
				18 AAC 75.250,
				18 AAC 75.255,
				18 AAC 75.260, or
				18 AAC 75.265;
(2) proof of entry of the nontank vessel in a
				P&I club or proof of coverage with another insurer, including a group of
				insureds who have agreed to cover the pollution risks of the members of the
				group, if approved by the department; or
(3) insurance, a surety bond, self-insurance,
				a financial guaranty, or other evidence of financial responsibility used to
				satisfy the federal financial responsibility requirements contained in  33
				C.F.R. Part 138, if the coverage includes the oil pollution risks specified in
				AS
				46.04.040(i).
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 75.272 - Termination or cancellation of proof of financial responsibility

Current through May 31, 2024
Termination or cancellation of proof of financial
				  responsibility does not relieve a person subject to
				  AS
				  46.04.040 or
				  46.04.055 from
(1) the requirement to provide proof of
				financial responsibility if that person's vessel or facility remains in
				operation as defined in
				18 AAC 75.235(n);
				and
(2) liability for a discharge
				from that person's vessel or facility before, at the time of, or after
				termination or cancellation of proof of financial responsibility.
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070
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 75.275 - Service of process

Current through May 31, 2024
An agent designated for service of process under
				  AS
				  46.04.040(e) must be a
				  resident of the state or a corporation authorized to do business in the state.
				  If no designation is made and filed, or if process cannot be served in Alaska
				  upon the designated agent, process may be served upon the
				  commissioner.
Authority:
AS
					 46.03.020
AS 46.04.040
AS 46.04.055
AS
					 46.04.070
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 75.280 - Classification as an oil terminal facility

Current through May 31, 2024
(a) If a vessel is
				to operate as an oil terminal facility as defined at
				AS
				46.04.900, the owner or operator shall submit
				a written request for classification of the vessel as an oil terminal facility
				to the department. The request for classification must include the
(1) name of the owner or operator;
(2) vessel name and official
				number;
(3) oil storage capacity of
				the vessel;
(4) type of product
				carried as cargo; and
(5) period of
				time during which the classification will apply.
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 75.290 - Enforcement

Current through May 31, 2024
If a person required to provide proof of financial
				  responsibility under
				  AS
				  46.04.040,
				  AS
				  46.04.055, or
				  18 AAC 75.205 -
				  18 AAC 75.290 fails or refuses to
				  do so, the department will, in its discretion,
(1) seek civil assessments and costs under
				AS
				46.03.760 or other appropriate statutes for
				each separate violation of
				AS
				46.04.040 or
				46.04.055, or of
				18 AAC 75.205 -
				18 AAC 75.290;
(2) take action to halt the operation of a
				vessel or facility that is not in compliance with
				AS
				46.04.040,
				AS
				46.04.055, or
				18 AAC 75.205 -
				18 AAC 75.290;
(3) take action to deny entry to a vessel to
				the navigable waters of the state;
(4) take action to detain a vessel that does
				not produce, upon the department's request, a current, valid certificate of
				proof of financial responsibility issued under
				18 AAC 75.205 -
				18 AAC 75.290; or
(5) take such other and further action as may
				be warranted by the circumstances.
Authority:
AS
					 46.03.020
AS 46.03.760
AS 46.03.850
AS 46.04.040
AS 46.04.050
AS 46.04.055
AS 46.04.070
AS
					 46.04.900
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.300 - Discharge or release notification; reporting requirements

Current through May 31, 2024
(a) Subject to (b),
				(c), and (g) of this section, a person in charge of a facility or operation
				shall notify the department by telephone, and immediately afterwards send the
				department a written notice by facsimile, electronic mail, hand delivery, or
				first class mail, informing the department about a discharge or release of a
				hazardous substance at or from the facility or operation as follows:
(1) as soon as the person has knowledge of a
(A) discharge or release of a hazardous
				substance other than oil;
(B)
				discharge or release of oil to water; or
(C) discharge or release, including a
				cumulative discharge or release, of oil in excess of 55 gallons solely to land
				outside an impermeable secondary containment area or structure; and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.305 - Posting of information required

Current through May 31, 2024
(a) The owner or
				operator shall display a discharge or release notification placard, provided by
				the department, that includes telephone numbers of department offices in
				conspicuous locations on a
(1) tank truck
				containing more than 500 gallons of a hazardous substance, in addition to that
				required to operate the vehicle;
(2) tugboat, tank vessel, oil barge, tow
				boat, or other vessel transporting a hazardous substance as cargo in state
				waters;
(3) vehicle carrying or
				towing a hazardous substance other than oil, or more than 500 gallons of oil,
				as cargo off-road over frozen or unfrozen ground; and
(4) facility that has a total above-ground or
				underground storage capacity in excess of 1,000 gallons of a hazardous
				substance.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.310 - Scope and duration of initial response actions

Current through May 31, 2024
(a) Immediately
				after receiving notice from a person or after otherwise becoming aware of a
				discharge or release of a hazardous substance to land or waters of the state, a
				responsible person shall, as required by
				18 AAC 75.315, immediately contain
				and control the discharge or release and seek approval of cleanup and disposal
				plans to be used for that release. After obtaining approval of cleanup and
				disposal plans, the responsible person shall perform a cleanup of the discharge
				or release and dispose of the contaminated material in accordance with those
				plans.
(b) The department under
				AS
				46.04.020(a), or the
				commissioner under
				AS
				46.09.020(a), will waive the
				requirements of (a) of this section if the department or commissioner as
				appropriate
(1) determines, in consultation
				with appropriate agencies as provided in
				AS
				46.04.020(a)(1) or
				AS
				46.09.020(a)(1), that
				containment or cleanup of the discharge or release is technically not feasible;
				or
(2) determines that the
				containment or cleanup effort would result in a greater threat to human health,
				safety, or welfare, or in greater damage to the environment than the discharge
				or release itself.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.315 - Initial response actions

Current through May 31, 2024
(a) A responsible
				person shall investigate, contain, and perform a cleanup of a sudden or recent
				discharge or release of a hazardous substance
(1) in consultation the department, upon
				notification of a discharge or release under
				18 AAC 75.300;
(2) in a manner that does not result in a
				significantly greater overall threat or damage to human health, safety, or
				welfare, or to the environment than another alternative, including taking no
				action; and
(3) until the lowest
				practicable level of contamination is achieved under (c) of this
				section.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.320 - Department oversight of containment and cleanup

Current through May 31, 2024
(a) The
				department will determine that a responsible person's containment and cleanup
				efforts are inadequate under 18 AAC 75.315 or 18 AAC 75.325 - 18 AAC 75.396 if
				the department determines that
(1) the
				responsible person has not used, or has not adequately used, containment
				equipment to intercept, concentrate, and collect the hazardous substance in its
				pattern of movement, unless environmental conditions exceed the operational
				limitations of the equipment;
(2)
				the responsible person has not used, or has not adequately used, exclusion
				equipment to protect a sensitive environmental zone, unless environmental
				conditions exceed the operational limitations of the equipment;
(3) the area affected by the hazardous
				substance is increasing at an avoidable rate despite containment and removal
				activities, unless environmental conditions exceed the operational limitations
				of the equipment, or unless immediate containment would pose a greater threat
				to human health, safety, or welfare, or to the environment, than to allow the
				discharge or release to temporarily spread;
(4) the containment and exclusion equipment
				is not functioning effectively because of weather or oceanographic conditions,
				and other equipment is reasonably available that can function effectively in
				those conditions;
(5) containment,
				exclusion, and lightering equipment is not deployed and operational as
				specified in an applicable oil discharge prevention and contingency plan
				approved under AS 46.04.030 or a streamlined plan approved under AS
				46.04.055;
(6) major items of
				cleanup equipment and materials, including booms, skimmers, lightering pumps,
				sorbent, and storage containers, are not fully operational;
(7) available personnel, equipment, sorbent,
				or supplies are inappropriate, being mismanaged, or not being used, or
				additional personnel, equipment, sorbent, or supplies are required but not
				being provided; or
(8) containment
				and cleanup have not proceeded in a timely manner that is protective of human
				health, safety, and welfare, and of the environment.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.325 - Site cleanup rules: purpose, applicability, and general provisions

Current through May 31, 2024
(a) The
				requirements of
				18 AAC 75.325 -
				18 AAC 75.390 are referred to in
				this chapter as the "site cleanup rules." The site cleanup rules establish
				administrative processes and standards to determine the necessity for and
				degree of cleanup required to protect human health, safety, and welfare, and
				the environment at a site where a hazardous substance is located.
(b) The site cleanup rules apply to
(1) a sudden or recent discharge or release
				of a hazardous substance, if the department determines under
				18 AAC 75.310 that application of
				the site cleanup rules is necessary; or
(2) a release of a hazardous substance caused
				by past activities.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.330 - Interim removal actions

Current through May 31, 2024
(a) The department,
				or a responsible person as provided in (c) of this section, will perform an
				interim removal action if the department determines that an interim removal
				action is necessary under the site cleanup rules to prevent
(1) human or environmental exposure to a
				hazardous substance at the site; or
(2) migration of a hazardous substance at or
				from the site.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.333 - Qualified environmental professionals and qualified samplers

Current through May 31, 2024
(a) A responsible person shall ensure that a
				qualified environmental professional
(1)
				prepares the site characterization work plan required under
				18 AAC 75.335(b)(1);
(2) prepares the site characterization report
				required under
				18 AAC 75.335(c)(1);
(3) performs sampling collection required
				under 18 AAC 75.355(a),
				or that a qualified sampler performs sampling collection if the department
				approves the use of a qualified sampler under
				18 AAC 75.355(a);
(4) conducts or supervises site
				cleanup work under
				18 AAC 75.360;
(5) prepares the post-treatment sampling and
				analysis plan under
				18 AAC 75.365(a)(1)(C);
(6) prepares the final cleanup report
				required under
				18 AAC 75.380(a);
(7) prepares and signs a report to
				justify a request for a waiver under
				18 AAC 75.390.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.335 - Site characterization

Current through May 31, 2024
(a) Before proceeding with site cleanup under
				the site cleanup rules, a responsible person shall characterize the extent of
				hazardous substance contamination at the site.
(b) A responsible person shall submit a site
				characterization work plan to the department for approval before beginning site
				characterization work. The department will approve the site characterization
				work plan if the work plan is
(1) prepared by
				a qualified environmental professional; and
(2) designed, to the maximum extent
				practicable, to
(A) determine if a discharge
				or release of a hazardous substance has occurred;
(B) identify each hazardous substance at the
				site, including the concentration and extent of contamination; this information
				must be sufficient to determine cleanup options;
(C) identify site characteristics or
				conditions that could result in ongoing site contamination, including the
				potential for leaching of in-situ contamination and the presence of leaking
				barrels, drums, tanks, or other containers;
(D) evaluate the potential threat to human
				health, safety, and welfare, and to the environment from site
				contamination;
(E) identify any
				interim removal action necessary under
				18 AAC 75.330;
(F) locate sources of known site
				contamination, including a description of potential releases into soil,
				sediment, groundwater, or surface water;
(G) evaluate the size of the contaminated
				area, including the concentration and extent of any soil, sediment,
				groundwater, or surface water contamination;
(H) identify the vertical depth to
				groundwater and the horizontal distance to nearby wells, surface water, and
				water supply intakes;
(I) evaluate
				the potential for surface water runoff from the site and the potential for
				surface water or sediment contamination; and
(J) identify the soil type and determine if
				the soil is a continuing source of groundwater contamination.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.340 - Soil cleanup levels; general requirements

Current through May 31, 2024
(a) This section
				provides the requirements for cleanup levels for hazardous substances in soil.
				For each site, except as provided in (b) of this section, a responsible person
				shall propose soil cleanup levels for approval, shall base those cleanup levels
				upon an estimate of the reasonable maximum exposure expected to occur under
				current and future site conditions, and shall develop those cleanup levels
				using one or more of the following methods:
(1) method one for petroleum
				hydrocarbon-contaminated soil in
(A) a
				non-Arctic zone as set out in Table A1 of
				18 AAC 75.341(a);
				or
(B) an Arctic zone as set out in
				Table A2 of
				18 AAC 75.341(b);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.350 - Groundwater use

Current through May 31, 2024
Subject to
				  18 AAC 75.345(c),
				  groundwater at the site is considered to be a drinking water source unless a
				  responsible person demonstrates or the department determines that
(1) the groundwater is not
(A) used for a private or public drinking
				water system;
(B) within the zone
				of contribution of an active private or public drinking water system;
				or
(C) within a recharge area for a
				private or public drinking water well, a wellhead protection area, or a sole
				source aquifer;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.355 - Sampling and analysis

Current through May 31, 2024
(a) Unless the department determines that
				final confirmation sampling is not needed to meet the requirements of the site
				cleanup rules, a responsible person shall submit a sampling and analysis plan
				for approval under
				18 AAC 75.360, and after
				implementing the plan, shall submit the analytical sampling results collected
				to the department. If approved in the sampling and analysis plan, sample
				collection for soil or water may be performed by a qualified sampler when a
				qualified environmental professional is not available. Based on the results of
				the analyses, a responsible person shall demonstrate compliance with the site
				cleanup rules.
(b) A responsible
				person and the owner or operator of an offsite or portable treatment facility
				under 18 AAC 75.365 shall ensure that
				the collection, interpretation, and reporting of data, and the required
				sampling and analysis is conducted or supervised by a qualified environmental
				professional.
(c) IIf a hazardous
				substance is suspected at the site because of empirical evidence or prior
				analysis, but is not detected or is detected at a concentration below the
				practical quantitation limit, and the practical quantitation limit is higher
				than the cleanup level for that substance,
(1) the department will determine the
				responsible person to have attained the cleanup level, if additionally the more
				stringent of the following conditions is met:
(A) the practical quantitation limit is no
				greater than 10 times the method detection limit for all hazardous substances
				other than polychlorinated biphenyls where the practical quantitation limit is
				no greater than five times the method detection limit; or
(B) the practical quantitation limit is no
				greater than the practical quantitation limit established in EPA's
Test
				Methods for Evaluating Solid Waste, Physical/Chemical Methods
(SW-846),
				Third Edition, including Final Update IV (2009), adopted by reference;
				and
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 3 - Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances › 18 AAC 75.360 - Cleanup operation requirements

Current through May 31, 2024
A responsible person shall ensure that site cleanup is
				  conducted or supervised by a qualified environmental professional. A
				  responsible person shall submit each of the following elements for approval
				  before work on that element begins, and for additional approval if a
				  modification to an element is anticipated:
(1) a schedule for conducting field work,
				monitoring, cleanup, and submittal of interim and final cleanup
				reports;
(2) a sampling and
				analysis plan that meets the requirements of
				18 AAC 75.355;
(3) a waste management plan for handling,
				transporting and disposing of a investigation-derived wastes, including
(A) purged water from a boring or monitoring
				well;
(B) cuttings, mud, and other
				wastes from well or boring installation and development; and
(C) contaminated equipment and
				materials;