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 Alaska Administrative Code (Last Updated: January 12, 2017)
 Title 18. Environmental Conservation.
 Chapter 18.75. Oil and Other Hazardous Substances Pollution Control.
 Article 18.75.1. Oil Pollution Prevention Requirements.

  Section 18.75.400. Applicability.  

Latest version. 
  • 	(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 75.425 - 18 AAC 75.495. A person who is subject to AS 46.04.055(f) must file an application for approval of a nontank vessel 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 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 46.04.050(a), by the owner or operator of the facility;  
		(2) 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;  
		(3) for an exploration or production facility, whether mobile or fixed, by the lease holder or the operator;  
		(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.  
	(b)  If it determines that an exemption will be protective of human health, safety, and welfare, and of the environment, the department will exempt from the requirements of AS 46.04.030(c) and AS 46.04.055(f) a vessel that is conducting, or is available only for conducting, an oil discharge response operation. A person seeking an exemption under this subsection must apply on an application form supplied by the department. The department will approve or deny the request for an exemption not later than 10 working days after it receives an application. In an emergency response to an actual discharge, a person seeking an exemption may make a verbal request, and the department may issue a verbal approval. The department will confirm a verbal approval in writing, stating the period during which the approval is valid.  
	(c)  The owner or operator of an oil terminal facility that is subject to the requirements of AS 46.04.030 and 18 AAC 75.400 - 18 AAC 75.495 may apply for an exemption to those requirements upon proof to the department that the effective storage capacity of the facility has been permanently reduced below the amounts set out in AS 46.04.050. For purposes of reducing effective storage capacity, tanks and associated piping must be emptied and rendered unusable to the department's satisfaction. Tanks removed from service must be clearly marked with the words "Out of Service" and the date taken out of service. A person seeking an exemption under this subsection must apply on an application form supplied by the department. The department will approve or deny the request for an exemption not later than 30 days after it receives an application. Before reactivation of a tank that has been removed from service for the purposes of an exemption under this subsection, the owner or operator must notify the department and, if necessary, must file a new application for approval of an oil discharge prevention and contingency plan. For the purpose of changes to the storage capacity of a tank, any change must be made in a permanent manner. The department will conduct inspections as necessary to ensure compliance with this subsection.  
	(d)  The department may accept a single plan from an operator to address multiple facilities based on similarities in operations, receiving environments, logistical considerations, or other factors indicating to the satisfaction of the department that a single plan is appropriate given the commonality of operations.  
	(e)  The requirements of this section do not apply to a nontank vessel operating in the waters of the state if the nontank vessel is entering waters of the state under circumstances determined by the department to be necessary under AS 46.04.055(e). A person shall notify the department as soon as the person is aware of circumstances warranting a nontank vessel to enter state waters without an approved plan.  
	(f)  A natural gas production or natural gas terminal facility as defined in AS 46.04.050(b) is not required to submit an oil discharge prevention and contingency plan application.  
	(g)  An exploration facility meeting the natural gas exploration facility exemption provisions of AS 46.04.050(c) is not required to submit an oil discharge prevention and contingency plan application.  
	(h)  An oil discharge prevention and contingency plan is required for  
		(1) an oil terminal facility, except for a vessel operating as an oil terminal facility, until the storage capacity of the facility has been permanently reduced as set out in (c) of this section;  
		(2) a pipeline, while the pipeline  
			(A) is connected to a production facility or oil terminal facility; or  
			(B) contains oil;  
		(3) an exploration or production facility until the Alaska Oil and Gas Conservation Commission determines that all wells have been plugged as required under 20 AAC 25.112 and abandoned as required under 20 AAC 25.105; and  
		(4) a vessel while in the waters of the state.  
	(i)  In this section, "receiving environment" means fresh or marine water, ice, or land outside of an impermeable secondary containment area.

Authorities

46.03.020;46.04.030;46.04.050;46.04.055;46.04.070

Notes


Authority
AS 46.03.020 AS 46.04.030 AS 46.04.050 AS 46.04.055 AS 46.04.070
History
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 5/26/2004, Register 170; am 4/16/2016, Register 218