reglab/statecodes huggingface dataset:
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 75.365 - Offsite or portable treatment facilities

Current through May 31, 2024
(a) A person who
				owns or operates an offsite or portable treatment facility shall
(1) obtain approval of an operations plan
				before that person accepts or treats contaminated soil; the department will
				approve the plan if the department determines that the operations proposed in
				the plan are protective of human health, safety and welfare, and of the
				environment; a plan submitted under this paragraph must include
(A) a facility diagram that shows the
				location of
(i) each soil treatment, storage,
				and transportation area;
(ii) major
				roads within or bordering the site or facility; and
(iii) monitoring wells, surface water, water
				supply wells, facility boundaries, and public or private buildings within 500
				feet of the facility boundary;
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 75.370 - Soil storage and disposal

Current through May 31, 2024
(a) Unless the
				department approves the activity in question as protective of human health,
				safety, and welfare, and of the environment, a responsible person may not blend
				contaminated soil with uncontaminated soil and shall
(1) segregate contaminated soil based on
(A) the intended cleanup alternatives;
				and
(B) the specific hazardous
				substance present;
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 75.375 - Institutional controls

Current through May 31, 2024
(a) The department will, after consultation
				with each landowner of the site, determine that the use of an institutional
				control is necessary, on a site-specific basis, if the department determines
				that controls are required to ensure
(1)
				compliance with an applicable cleanup level;
(2) protection of human health, safety, or
				welfare, or the environment; or
(3)
				the integrity of site cleanup activities or improvements.
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 75.385 - Appeals

Current through May 31, 2024
A person aggrieved by a final department decision under 18 AAC 75.380 or a final department decision revoking an approval issued under the
				  site cleanup rules may request informal review under 18 AAC 15.185 or may
				  reguest an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.
Authority:
AS 46.03.020
AS 46.04.890
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 75.390 - Waiver or modification

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, and if the department determines that a waiver
				or modification will be protective of human health, safety, and welfare, and of
				the environment, the department will waive or modify the site cleanup rules
				based on a review of the quantity or concentration of the discharge or release,
				soil and groundwater conditions, surface water and topography, geology, water
				and land use, construction methods and materials, and any other human health or
				environmental factor important to the evaluation. A responsible person seeking
				a waiver or modification of a provision of the site cleanup rules under this
				section shall submit a written report to justify the request and to demonstrate
				that the waiver or modification is protective of human health, safety, and
				welfare, and of the environment. A qualified environmental professional shall
				prepare and sign the report submitted under this section.
(b) For purposes of the site cleanup rules,
				the department will waive on a site-specific basis the requirement in
				18 AAC 75.333(b)(1) that a qualified
				environmental professional be an impartial third party or the requirement in
				18 AAC 75.333(c)(1) that a qualified sampler
				be an impartial third party if
(1) a
				responsible person, or if the waiver is for an offsite or portable treatment
				facility under
				18 AAC 75.365, a responsible
				person, owner, or operator
(A) who seeks a
				waiver from
				18 AAC 75.333(b)(1) demonstrates that work
				performed will be conducted or supervised by an objective individual who meets
				the requirements of
				18 AAC 75.333(b)(2) - (5);
(B) who seeks a waiver from
				18 AAC 75.333(c)(1) demonstrates that work
				performed will be conducted or supervised by an objective individual who meets
				the requirements of
				18 AAC 75.333(c)(2) - (5); and
(C) submits
(i) a written request for a waiver;
(ii) the resume of the person
				qualified to conduct or supervise the work to be performed, showing relevant
				education, vocational training, related work experience, and any special
				training, license, certificate, or registration held by that person; and
(iii) a description of the
				supervisory and organizational structure related to the person identified in
				(ii) of th is subparagraph; 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 75.395 - Interference with cleanup prohibited

Current through May 31, 2024
A person may not interfere with, hinder, or obstruct the
				  containment or cleanup of a hazardous substance conducted under this chapter.
				  This prohibition does not apply to the United States Coast Guard or
				  EPA.
Authority:
AS
					 46.03.020
AS 46.04.020
AS 46.04.070
AS
					 46.09.020
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 75.396 - Local control

Current through May 31, 2024
Subject to
				  AS
				  29.35.020,
				  AS
				  46.04.110, and
				  AS
				  46.09.060, the requirements of
				  18 AAC 75.300 -
				  18 AAC 75.390 do not preempt local
				  control that is as stringent as, or more stringent than, those requirements,
				  and that is consistent with a regional master plan prepared under
				  AS
				  46.04.210.
Authority:
AS
					 46.03.020
AS 46.04.110
AS 46.04.210
AS
					 46.09.060
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.400 - Applicability

Current through May 31, 2024
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.402 - Delayed implementation dates

Current through May 31, 2024
(a) If a person
				applies for a new plan under
				18 AAC 75.410, an amendment
				determined to be a major amendment under
				18 AAC 75.415(a),
				or a plan renewal under
				18 AAC 75.420, and that person
				submits an application before August 4, 2023, the department will review the
				application under
				18 AAC 75.400 -
				18 AAC 75.496, as those provisions
				read on February 4, 2023.
(b) An
				amendment application submitted before February 5, 2023 will be reviewed under
				18 AAC 75.400 -
				18 AAC 75.496, as those provisions
				read on February 4, 2023, if the application
(1) is determined to be a minor amendment
				under 18 AAC 75.415(a);
(2) is determined to be a routine update
				submitted under
				18 AAC 75.415(b);
				or
(3) is for an amendment to allow
				the addition of a vessel to an approved oil discharge prevention and
				contingency plan under
				18 AAC 75.415(c).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.405 - Pre-application notification and consultation for oil discharge prevention and contingency plans; new plans and plan renewals

Current through May 31, 2024
(a) At least 60
				days before the scheduled submission date for an application package for
				approval of a new oil discharge prevention and contingency plan under
				18 AAC 75.410 or for renewal of
				approval under
				18 AAC 75.420, the applicant must
				notify the department in writing of its intent to submit an
				application.
(b) The applicant must
				consult with the department at least 30 days before the scheduled submission
				date for the application package to ensure that the application meets the
				requirements of
				18 AAC 75.408 and the requirements
				of 18 AAC 75.410 or
				18 AAC 75.420, to discuss the
				contents of the proposed plan, and to discuss the review process under
				18 AAC 75.455.
(c) Pre-application notification and
				consultation is not required for a streamlined plan application submitted under
				18 AAC 75.421.
(d) Upon satisfying the requirements under
				(a) and (b) of this section, the application package may be submitted to the
				department without waiting the 60 days specified in (a) of this section and
				without waiting the 30 days specified in (b) of this section.
A notification may be submitted to the department inbox at
					 dec.odpcp.submissions@alaska.gov.
Authority:
AS
					 46.03.020
AS 46.04.030
AS 46.04.050
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.408 - General procedures to apply for oil discharge and contingency plans

Current through May 31, 2024
(a) An application package for approval of an
				oil discharge prevention and contingency plan must contain
(1) an application form supplied by the
				department containing
(A) the applicant's
				legal name, address, and telephone number;
(B) the name, location, and type of facility
				or operation covered by the plan;
(C) for a vessel, the vessel's name, official
				number, and country of registry, the name and address of the owner, and the
				name and address of the operator;
(D) for a railroad tank car, the name of the
				railroad covered by the plan;
(E)
				the scheduled date for the operations covered by the plan to begin; and
(F) additional information on the
				application form that is applicable to the facility or operation;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.410 - Procedures to apply for oil discharge prevention and contingency plans; new plans

Current through May 31, 2024
(a) An application
				package for approval of a new oil discharge prevention and contingency plan
				must be submitted in accordance with
				18 AAC 75.408. An application
				package must be submitted at least 180 days before the proposed start of
				operation.
(b) Repealed
				4/16/2016.
(c) The department will
				review an application package for a new plan using the procedures set out under
				18 AAC 75.455 and will issue its
				decision under
				18 AAC 75.460(a).
(d) Repealed 4/16/2016.
(e) Repealed 4/16/2016.
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.413 - Transitional provisions for review and approval of nontank vessel plans. (Repealed)

Current through May 31, 2024
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.414 - Procedures to apply for oil discharge prevention and contingency plans; owner or operator changes

Current through May 31, 2024
A change in the owner, operator, or name of the owner or
				  operator of a facility or operation with an approved oil discharge prevention
				  and contingency plan requires that the new owner or operator submit an
				  application package as an amendment under
				  18 AAC 75.415.
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.415 - Procedures to apply for oil discharge prevention and contingency plans; plan amendments

Current through May 31, 2024
(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
(A) scenario location;
(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.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.420 - Procedures to apply for oil discharge prevention and contingency plans; plan renewals

Current through May 31, 2024
(a) A plan holder
				must apply for renewal of the department's approval of an oil discharge
				prevention and contingency plan in accordance with
				18 AAC 75.408. For submittals
				after October 16, 2016, the application must be submitted at least 180 days, or
				the number of days stated in the plan approval letter under
				18 AAC 75.460(a),
				in advance of expiration of the plan to permit department review before the
				plan approval expires.
(b) Repealed
				4/16/2016.
(c) Repealed
				2/5/2023.
(d) Repealed
				4/16/2016.
(e) An application for a
				plan renewal, including items that were not changed since the last plan
				approval, will be reviewed under the provisions of
				18 AAC 75.455.
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.421 - Procedures to apply for streamlined oil discharge prevention and contingency plans

Current through May 31, 2024
(a) An application
				for approval of a new streamlined oil discharge prevention and contingency plan
				must be made on an application form supplied by the department.
(b) An application for approval of an
				amendment to a streamlined plan must be submitted using an application form
				supplied by the department and approved by the department before a change to
				the plan may take effect.
(c) An
				application for approval of a new streamlined plan, an amendment to a
				previously approved streamlined plan, or a reinstatement of a suspended nontank
				vessel streamlined plan must be submitted to the department for review and
				approval at least five working days before a vessel covered in the plan enters
				waters of the state.
(d) A plan
				holder must apply for renewal of the department's streamlined plan approval,
				using an application form supplied by the department, not later than five
				working days in advance of the expiration of the plan.
(e) A plan holder may voluntarily terminate
				an approved streamlined plan or suspend a nontank vessel streamlined plan by
				submitting a streamlined plan notification for supplied by the department. The
				department will provide acknowledgement of the plan holder's suspension or
				termination not later than five working days after receiving the
				notification.
(f) A terminated or
				expired streamlined plan cannot be reinstated. Before a vessel can enter state
				waters after a streamlined plan has been terminated or expired, an application
				for a new A streamlined plan must be submitted under (a) of this
				section.
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.426 - Streamlined plan contents

Current through May 31, 2024
A streamlined plan application must contain the following
				  information:
(1) the name, address,
				and telephone number of the plan holder;
(2) for each covered vessel, the
(A) vessel's name, official number, and
				country of registry;
(B) name and
				address of the owner; and
(C) name
				and address of the operator;
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.428 - Response planning facilitator

Current through May 31, 2024
(a) A response
				planning facilitator registered under
				18 AAC 75.500 -
				18 AAC 75.580 may submit a
				streamlined plan under
				18 AAC 75.421 on behalf of a plan
				holder. A response planning facilitator may
(1) act as an intermediary between the plan
				holder and one or more streamlined plan cleanup contractors and one or more
				streamlined plan incident management teams to facilitate the submission of a
				streamlined plan under
				18 AAC 75.421, including
				facilitation of the execution of a contract or membership agreement between the
				plan holder and each streamlined plan cleanup contractor and incident
				management team as described in
				18 AAC 75.426(12) and (13); or
(2) enter into a contract with the plan
				holder to meet the requirements of
				18 AAC 75.400 -
				18 AAC 75.496; the response
				planning facilitator's registration application under
				18 AAC 75.553 must
(A) certify that the response planning
				facilitator has a contract with, or is a member of, one or more streamlined
				plan cleanup contractors and has a contract with one or more streamlined plan
				incident management teams registered under
				18 AAC 75.500 -
				18 AAC 75.580 in each region of
				operation and for the response planning standard appropriate to each vessel
				covered under the streamlined plan; and
(B) contain a statement, signed by the
				response planning facilitator and each streamlined plan cleanup contractor and
				incident management team, that the streamlined plan cleanup contractor and
				incident management team will respond on behalf of a plan holder who enters
				into a contract with the response planning facilitator to meet the requirements
				of 18 AAC 75.400 -
				18 AAC 75.496.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.429 - Equipment, training, personnel, and fuel transfer requirements for noncrude oil tank vessel or barge streamlined plans

Current through May 31, 2024
(a) A
				noncrude oil tank vessel or barge that has an approved streamlined plan must
				maintain the following equipment on board:
(1)
				sorbent boom, not less than six times the length of the vessel and at least
				five inches in height, and equipment necessary to secure it;
(2) a vessel capable of deploying the sorbent
				boom required under (1) of this subsection;
(3) sorbent sweep not less than the length of
				the vessel; and
(4) 200 sorbent
				pads.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.430 - Response planning standards

Current through May 31, 2024
(a) Notwithstanding
				the response planning standards set out in
				18 AAC 75.430 -
				18 AAC 75.442, the plan must
				demonstrate the general procedures to clean up a discharge of any size,
				including the greatest possible discharge that could occur, subject to the
				provisions of
				AS
				46.04.020 and
				AS
				46.09.020.
(b) Except for the requirements of
				18 AAC 75.438(b)(1) and (2),
				18 AAC 75.440, and
				18 AAC 75.441, the department will
				consider and provide modifications to the response planning standards set out
				in 18 AAC 75.430 -
				18 AAC 75.442 for a prevention
				measure that is in addition to those listed in
				18 AAC 75.432 -
				18 AAC 75.438, if the plan holder
				demonstrates that the proposed measure reduces the potential size or risk of a
				discharge.
(c) If more than one
				prevention measure is used to modify the response planning standard, each
				subsequent reduction will be applied separately to the response planning
				standard value that results from application of the previous modification.
				However, in no case will the department reduce the response planning standard
				below an amount equal to
(1) 15 percent of
				the response planning standard applicable to an oil terminal facility, an
				exploration or production facility, or a crude oil pipeline as determined under
				18 AAC 75.432(b) or (c),
				18 AAC 75.434, or
				18 AAC 75.436(b),
				respectively; or
(2) 30 percent of
				the response planning standard for a crude oil tank vessel or barge as
				determined by
				18 AAC 75.438(c).
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.432 - Response planning standards for oil terminal facilities

Current through May 31, 2024
(a) For an oil
				terminal facility, the plan holder shall maintain or have available under
				contract within the plan holder's region of operation or another approved
				location, sufficient oil discharge containment, storage, transfer, and cleanup
				equipment, personnel, and other resources to
(1) contain or control, and clean up within
				72 hours that portion of the response planning standard volume that enters open
				water; and
(2) contain or control
				within 72 hours, and clean up within the shortest possible time consistent with
				minimizing damage to the environment, that portion of the response planning
				standard volume that enters a receiving environment other than open
				water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.433 - Response planning standards for railroad tank cars

Current through May 31, 2024
For a railroad tank car, the plan holder shall maintain, or
				  have available under contract within the plan holder's region of operation or
				  another approved location, sufficient oil discharge containment, storage,
				  transfer, and cleanup equipment, personnel, and other resources to
(1) contain and control 15 percent of the
				maximum oil capacity of the train within 48 hours after a spill; and
(2) clean up the discharge within the
				shortest possible time consistent with minimizing damage to the
				environment.
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.434 - Response planning standards for exploration or production facilities

Current through May 31, 2024
(a) For
				an exploration or production facility, the plan holder shall maintain or have
				available under contract within the plan holder's region of operation or
				another approved location, sufficient oil discharge containment, storage,
				transfer, and cleanup equipment, personnel, and other resources to
(1) contain or control, and clean up within
				72 hours that portion of the response planning standard volume that enters open
				water; and
(2) contain or control
				within 72 hours, and clean up within the shortest possible time consistent with
				minimizing damage to the environment, that portion of the response planning
				standard volume that enters a receiving environment other than open
				water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.436 - Response planning standards for crude oil pipelines

Current through May 31, 2024
(a) For a crude oil
				pipeline facility, the plan holder shall maintain or have available under
				contract within the plan holder's region of operation or another approved
				location, sufficient oil discharge containment, storage, transfer, and cleanup
				equipment, personnel, and other resources to
(1) contain or control, and clean up within
				72 hours that portion of the response planning standard volume that enters open
				water; and
(2) contain or control
				within 72 hours, and clean up within the shortest possible time consistent with
				minimizing damage to the environment, that portion of the response planning
				standard volume that enters a receiving environment other than open
				water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.438 - Response planning standards for crude oil tank vessels and barges

Current through May 31, 2024
(a) For a crude oil
				tank vessel or barge, the plan holder shall maintain or have available under
				contract within its region of operation, sufficient discharge containment,
				storage, transfer, and cleanup equipment, personnel, and other resources to
(1) contain or control, and clean up within
				72 hours that portion of the response planning standard volume set out in (b)
				of this section that enters open water; and
(2) contain or control within 72 hours, and
				clean up within the shortest possible time consistent with minimizing damage to
				the environment, that portion of the response planning standard volume set out
				in (b) of this section that enters a receiving environment other than open
				water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.440 - Response planning standards for noncrude oil tank vessels and barges

Current through May 31, 2024
(a) For a
				noncrude oil tank vessel or barge, the plan holder shall maintain or have
				available under contract within the plan holder's region of operation or
				another approved location, sufficient oil discharge containment, storage,
				transfer, and cleanup equipment, personnel, and other resources to
(1) contain or control within 48 hours, and
				to clean up within the shortest possible time, that portion of the response
				planning standard volume that enters open water; and
(2) contain or control, and clean up within
				the shortest possible time consistent with minimizing damage to the
				environment, that portion of the response planning standard volume that enters
				a receiving environment other than open water.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.441 - Response planning standards for nontank vessels

Current through May 31, 2024
(a) For a nontank
				vessel, the plan holder shall maintain or have available under contract or
				membership agreement within the plan holder's region of operation, sufficient
				oil discharge containment and control equipment and shall maintain or have
				available under contract or membership agreement within the plan holder's
				region of operation or capable of arriving in the region of operation within 24
				hours, sufficient storage, transfer, and cleanup equipment, personnel, and
				other resources to contain and control 15 percent of the maximum oil capacity
				of the nontank vessel within 48 hours. The plan holder must clean up the
				discharge within the shortest possible time consistent with minimizing damage
				to the environment.
(b) For
				purposes of
				AS
				46.04.055(c)(1) and this
				section, "maximum oil capacity" means the
(1)
				total fuel tankage of the nontank vessel; or
(2) demonstrated actual maximum fuel volume
				that the vessel will carry in state waters, as certified by the vessel owner or
				operator.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.442 - Response planning standards for multiple operations

Current through May 31, 2024
For a plan having multiple facility types that require an
				  approved oil discharge prevention and contingency plan, the plan holder must
				  plan to respond to a discharge of the applicable response planning standard
				  volume for each separate facility type in the plan as established under
				  18 AAC 75.430 -
				  18 AAC 75.440.
Authority:
AS
					 46.03.020
AS 46.04.030
AS
					 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.443 - Prevention credits for nontank vessels. (Repealed)

Current through May 31, 2024
Authority:
AS
					 46.03.020
AS 46.04.030
AS 46.04.055
AS 46.04.065
AS
					 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.448 - Oil discharge prevention and contingency plan; general plan requirements

Current through May 31, 2024
(a) An oil discharge prevention and
				contingency plan submitted for approval under
				18 AAC 75.400 -
				18 AAC 75.495 must be usable as a
				working plan for oil discharge control, containment, cleanup, and disposal. The
				plan must contain enough information, analyses, supporting data, and
				documentation to demonstrate the plan holder's ability to meet the requirements
				of AS
				46.04.030,
				AS
				46.04.055(c)(2), and
				18 AAC 75.400 -
				18 AAC 75.495. The plan must
				demonstrate that the personnel, equipment, and other resources identified in
				the plan are sufficient for meeting each response planning standard applicable
				for each facility in the plan. The plan must take into account realistic
				maximum response operating limitations and their effects on response capability
				and the deployment of resources. The department will review and evaluate a plan
				by verifying that it meets the applicable requirements under
				18 AAC 75.448-18 AAC 75.453.
(b) The plan must identify the greatest
				possible discharge that could occur at the facility or operation, and the
				general procedures to respond to a discharge of that magnitude.
(c) A plan including multiple facility types
				as described in
				18 AAC 75.442 must describe the
				appropriate response measures to meet the applicable portion of the response
				planning standard for each facility type covered by the plan.
(d) The submitted plan must be accompanied by
				a cover page or letter that includes
(1) the
				official plan title, consisting of the name of the plan holder and the covered
				facility or facilities, followed by the words "Oil Discharge Prevention and
				Contingency Plan";
(2) the date of
				the plan; and
(3) a statement,
				signed by an individual with appropriate authority under
				18 AAC 75.408(b),
				committing the oil discharge prevention and response resources necessary to
				implement the plan.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.451 - Part 3 - oil discharge prevention and contingency plan; supplemental information

Current through May 31, 2024
(a) The supplemental information section must
				provide the background and verification information identified in (b) - (n) of
				this section.
(b) The plan holder
				must provide a facility description and operational overview. This is a general
				description of the oil storage, transfer, exploration, or production
				operations, including
(1) for each
				aboveground oil storage tank with a storage capacity of greater than 10,000
				gallons, the oil storage capacity, installation date, design, construction, and
				product type stored;
(2) for each
				oil storage tank with a storage capacity of 1,000 gallons and greater but less
				than or equal to 10,000 gallons, the location, oil storage capacity, and the
				product type stored, unless the oil storage tank is used on a temporary
				basis;
(3) for vessels,
(A) a general chart showing routes normally
				used for the transportation of oil products within state waters, and the
				frequency of use for each route;
(B) plans or diagrams that identify cargo,
				bunker, and ballast tanks, all tank capacities, cargo piping, ballast piping,
				winches, emergency towing equipment, power plants, manifold pipe size,
				containment structures and equipment, and a description of the method of
				containing a discharge from fuel oil tank vent overflow and fill
				pipes;
(C) a description of the
				methods for retention and disposal of oily wastes and bilge slops;
				and
(D) additional information
				required by the department to evaluate the response capability of a vessel,
				including verifying that the vessel is in compliance with the applicable
				stability requirements as set out in
				46 C.F.R.
				109.227, as amended through September 11,
				1992;
(4) for a railroad,
(A) a map showing the location of each main
				line, siding, and yard area; and
(B) a description of railroad tank cars and
				locomotives normally in service, including type, number and capacity, general
				piping diagrams, location of valves, and tank volumes;
(5) a general description of the procedures
				for the loading or transfer of oil from or to a pipeline, facility, tank
				vessel, oil barge, railroad tank car, or storage tank;
(6) for a production facility, a description
				of the flow and gathering lines and processing facilities;
(7) for an oil terminal facility, an
				exploration facility, and a production facility, a piping diagram showing all
				facility oil piping, including the location of valves; and
(8) for a transmission pipeline, a pipeline
				diagram including the location of all mainline valves, pumping units, and other
				appurtenances connected to the pipeline.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.452 - Part 4 - oil discharge prevention and contingency plan; best available technology review

Current through May 31, 2024
(a) Unless application of a state requirement
				would be preempted by federal law, the plan must provide for the use of best
				available technology consistent with the applicable criteria in (c) of this
				section. Technologies that are not subject to the response planning standards
				or the referenced performance standards in (c)(1) and (2) of this section must
				be identified in the plan and evaluated using the criteria specified under
				(c)(3) of this section; these technologies include
(1) at a minimum, for all plans,
(A) communications described under
				18 AAC 75.449(a)(4);
(B) source control procedures to stop the
				discharge at its source and prevent its further spread described under
				18 AAC 75.449(a)(6)(G);
(C) trajectory analyses and forecasts
				described under
				18 AAC 75.449(a)(6)(E); and
(D) wildlife capture, treatment, and release
				procedures and methods described under
				18 AAC 75.449(a)(6)(M);
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.453 - Part 5 - oil discharge prevention and contingency plan; response planning standard

Current through May 31, 2024
The plan must
(1)
				provide a mathematical calculation of the applicable response planning
				standards set out in
				18 AAC 75.430 -
				18 AAC 75.440 and
				18 AAC 75.442;
(2) include a detailed calculation and
				justification of reductions to the response planning standard; and
(3) include an estimate of the percentage of
				the applicable response planning standard volume set out at
				18 AAC 75.430 -
				18 AAC 75.436, and
				18 AAC 75.442 based on
				calculations in (1) and (2) of this section for the facility or operation that
				will reach open water, and based on the receiving environment information in
				18 AAC 75.451(c).
Authority:
AS
					 46.03.020
AS
					 46.04.030
AS
					 46.04.035
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 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.455 - Department review procedures for oil discharge prevention and contingency plans; new plans, plan renewals, and major plan amendments

Current through May 31, 2024
(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
(C) repealed
				2/5/2023;
(D) a statement that the
				application package is available on the department's Internet
				website.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.456 - Department decision on streamlined oil discharge prevention and contingency plans

Current through May 31, 2024
(a) The department
				will approve or disapprove a streamlined oil discharge prevention and
				contingency plan or plan amendment not later than five working days after
				receipt of a complete application. The department will approve a streamlined
				plan application submitted under
				18 AAC 75.421 if the plan meets
				the following requirements:
(1) the
				information submitted conforms to the requirements of
				18 AAC 75.426;
(2) the streamlined plan cleanup contractor
				identified under
				18 AAC 75.426(11)
				is registered under
				18 AAC 75.500 -
				18 AAC 75.580 for the appropriate
				classification and region of operation identified in the application;
(3) the streamlined plan incident management
				team identified under
				18 AAC 75.426(11)
				is registered under
				18 AAC 75.500 -
				18 AAC 75.580 for the appropriate
				classification and region of operation identified in the application;
(4) the response planning facilitator
				identified under
				18 AAC 75.426(14)
				is registered under
				18 AAC 75.500 -
				18 AAC 75.580 to provide the
				appropriate response planning facilitation services identified in the
				application; and
(5) the noncrude
				oil tank vessel or barge meets the onboard equipment, training, and personnel
				requirements of
				18 AAC 75.429.
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.457 - Emergency modification of review process

Current through May 31, 2024
If, due to an emergency as described in AS 26.23,
				  AS
				  46.04.080, or other applicable law, an
				  applicant needs an expedited review, or if the commissioner or the
				  commissioner's designee finds that an expedited review is necessary for the
				  preservation of the public peace, health, safety, or general welfare, the
				  commissioner or the commissioner's designee may, consistent with the
				  requirements of
				  AS
				  46.04.030(j), modify the
				  review process established in
				  18 AAC 75.455 as necessary to meet
				  the emergency. Modifications in the review process made under this section will
				  be made in writing by the commissioner or the commissioner's designee based
				  upon clear and convincing evidence of a need for the
				  modification.
Authority:
AS
					 46.03.020
AS 46.04.030
AS
					 46.04.070
Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 75 - Oil and Other Hazardous Substances Pollution Control › Article 4 - Oil Discharge Prevention and Contingency Plans › 18 AAC 75.459 - Preissuance conference

Current through May 31, 2024
(a) After the department has determined that
				the application package is complete and before the department issues its
				decision under
				18 AAC 75.460, the applicant may
				request a preissuance conference. The request must be made in writing, and will
				be granted if the applicant demonstrates that holding a conference will
				materially aid the department in reaching its decision.
(b) A preissuance conference under this
				section will be conducted in the manner provided under
				18 AAC 15.070. However, the time
				period for the department's review will not be held in abeyance pending
				completion of the conference.
Requests for a preissuance conference may be submitted to
					 the department inbox at dec.odpcp.submissions@alaska.gov.
As of Register 164 (January 2003), the regulations attorney
					 made a technical revision under
					 AS
					 44.62.125(b)(6), adding an
					 authority citation for
					 18 AAC 75.459.
Authority:
AS
					 46.03.020
AS 46.04.030
AS
					 46.04.070