Section 17.45.055. Fueling operations and fuel storage.

	(a)  A person who handles, stores, transports, or dispenses fuel on an airport, for either commercial or noncommercial purposes, shall do so consistent with 13 AAC 50 and other applicable law. Except with respect to noncommercial fueling of a personal motor vehicle, a person described in this subsection shall maintain spill prevention and response capability readily accessible to the site where the fuel is handled, stored, transported, or dispensed.   
	(b)  Before operating a commercial fueling service that performs any function on an airport, a person must obtain a lease, permit, or concession that authorizes commercial fueling services. In addition to the rent or other fee charged under the lease, permit, or concession that authorizes a commercial fueling service at the airport, the lessee, permittee, or concessionaire must pay to the department the fuel flowage fee established under 17 AAC 45.127(o) on each gallon of fuel sold, delivered, or dispensed to which that fee applies.   
	(c)  Before performing any function on an airport, an operator of a commercial fueling service shall, in addition to the requirements of (a) and (b) of this section, maintain and submit to the department a copy of the operator's Spill Prevention, Control, and Countermeasures Plan prepared under 40 C.F.R. 112, as amended as of January 1, 2007, or, if none is federally required, maintain and submit to the department a written fuel spill prevention and response plan that includes  
		(1) the measures the operator will take to prevent a release of fuel;  
		(2) the steps the operator will take, in the event of a release of fuel, to  
			(A) stop the release; and  
			(B) contain and prevent spreading or migration of any fuel released; and  
		(3) the operator's plan in accordance with 17 AAC 45.050(a) for immediate notification describing any release of fuel to the airport manager and to each regulatory agency that requires such a report.  
	(d)  A commercial fueling service operator and an air carrier that engages in self-fueling shall each ensure that all personnel who engage in fueling or fuel storage operations on an airport for or on behalf of the operator or air carrier are trained in safe fuel handling practices, fire safety, and spill response.  
	(e)  A person may not fuel an aircraft while a main engine on the aircraft is running unless  
		(1) running the engine is necessary due to extreme cold;   
		(2) a main aircraft engine must remain running to restart another engine on the aircraft; or   
		(3) running the engine is allowed for hot fueling under N.F.P.A. 407, "Standard for Aircraft Fuel Servicing," 2001 edition, which is adopted by reference.   
	(f)  A person may not smoke, light a match, or have any flame within 50 feet of fuel storage tanks, equipment, or any fueling operation.  
	(g)  The owner of a fuel storage container or mobile fuel container located on an airport shall immediately  
		(1) contain any fuel that spills or leaks from the container;  
		(2) report any spill or leakage of fuel from the container to each regulatory agency that requires a report of that spill or leak and to the department;  
		(3) repair any fuel leak and any equipment failure or defect that caused or contributed to the spill or leak; and  
		(4) clean up the affected area.  
	(h)  A person may not keep or use a mobile fuel tank on an airport unless the person uses the tank in a safe, nonleaking manner and the tank is readily movable at all times.  If the department determines that a person is keeping or using a mobile fuel tank that does not comply with the applicable requirements of this section, the department will require the person to cure the noncompliance or remove the tank from the airport.   
	(i)  Except as otherwise provided in this chapter or as the department otherwise authorizes, a person must store fuel on an airport in a permanent fuel storage tank.  A permanent fuel storage tank may be installed only on a premises.   
	(j)  A person may not store fuel in a temporary fuel storage container on an airport without the department's prior written authorization. The following requirements are conditions of any authorization to store fuel in a temporary fuel storage container:  
		(1) a barrel and any other temporary fuel storage container must be secured by banding or other means when the barrel or other container is insufficiently full to prevent the barrel or other container from being blown off the storage site by any wind, propeller wash, or jet blast to which the barrel or other container might be exposed;   
		(2) the fuel must be stored in the location designated by the department and in a manner that provides for spill containment and that is approved by the department;  
		(3) before the expiration of any period for which the department authorizes temporary fuel storage, the person authorized to store the fuel shall, at no cost to the department, remove all barrels, tanks, containers, containment, and fueling equipment from the fuel storage site and return the site to an environmentally acceptable condition to the satisfaction of the department and each agency with regulatory jurisdiction;  
		(4) if the requirements of (3) of this subsection are not satisfied, the department may perform the removal and restoration; and  
		(5) by accepting the department's authorization for temporary fuel storage, the person authorized to store the fuel agrees to reimburse the department for  
			(A) all costs incurred by the department in performing any removal and restoration work under (4) of this subsection, including site assessment costs, clean up costs, travel costs, and legal costs;  
			(B) damage to property;  
			(C) any costs resulting from interference with airport operations; and  
			(D) interest on the costs described in (A) through (C) of this paragraph at the rate provided in AS 45.45.010.  
	(k)  Except as allowed under 17 AAC 45.510, a land lessee or a permittee may conduct self-fueling operations only on the lease or permit premises after securing from the department authority in the lease or permit to do so, or on a premises authorized for commercial fueling.  A tiedown permittee acting in compliance with 17 AAC 45.510, however, may self-fuel on the permit premises without express authority in the permit.  
	(l)  Neither the submission of a plan by an operator under (c) of this section, nor the receipt of the plan by the department may be construed as approval or endorsement of the plan by the department.  

Authorities

02.15.020;02.15.060;02.15.090;02.15.220;02.15.230

Notes

Reference

17 AAC 45.510

Authority

AS 02.15.020 AS 02.15.060 AS 02.15.090 AS 02.15.220 AS 02.15.230 Copies of N.F.P.A. 407, adopted by reference in 17 AAC 45.055, may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269-9101 or, as of August 30, 2007, ordered online at http://www.nfpa.org/catalog/product.asp?category%5Fname=&pid=40701. A copy of N.F.P.A. 407 is also on file in the office of the lieutenant governor.

History

Eff. 3/28/2002, Register 161; am 11/23/2003, Register 168; am 3/22/2008, Register 185; am 4/23/2009, Register 190

References

17.45.055