Section 18.75.455. Department review procedures for oil discharge prevention and contingency plans and nontank vessel equivalent plans; new plans, plan renewals, and major plan amendments.

	(a)  Not later than seven working days after receipt of an oil discharge prevention and contingency plan or nontank vessel equivalent plan application package for a new plan, plan renewal, or major amendment, the department will determine if the application package is sufficient for review. 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 reviewers in accordance with 18 AAC 75.408(c);  
		(3) set the public comment period for a minimum of 30 days; if the department determines the package to be unusually large or complex, or determines a longer comment period to be 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, the parties specified in 18 AAC 75.408(c)(4), and other persons who have made a written request for information regarding submissions subject to review under this section; 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) direct the applicant to publish a one-time notice provided by the department announcing the public comment period for the plan; the applicant is responsible for paying the cost of the notice under this paragraph; the applicant must publish the notice in one or more publications of general circulation in the area that would be affected by the operation; in the notice the department 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;  
			(C) a statement that a copy of the application package is available for review at specific offices of the department and other locations as determined by the department; and  
			(D) after October 16, 2016, a statement that the application package is available on the department's Internet website.  
	(c)  If the department determines that additional information is required to evaluate if the application package is complete,  
		(1) the department will notify the applicant in writing that a request for additional information will be transmitted; the department will transmit the request for additional information not later than 90 days after the end of the public comment period in (b) of this section; the department may set a deadline for the submittal of the additional information;  
		(2) the applicant must provide responses to the department's requests for additional information to the department as required by 18 AAC 75.408(c)(1) - (4) and (7);  
		(3) if the applicant has not provided the information requested or if the applicant's responses to requests for additional information cause the department to identify additional information needed to find the application package is complete, the department will send subsequent requests for additional information until the department determines that the requests have been answered and the application package is complete; and  
		(4) when the department has verified all requests have been addressed, the applicant must provide copies of the responses to the requests for additional information in accordance with 18 AAC 75.408(c)(1) - (4) and (7).  
	(d)  Upon receipt by the department of all additional information requested under (c) of this section, the department will provide notice to the parties described in 18 AAC 75.408(c)(4) of a minimum 10-day public comment period on the additional information. The comment period under this subsection is limited to the additional information submitted in response to the request for additional information.  
	(e)  The department will make a determination as to whether an application package is complete not later than seven working days after the end of the public comment period established in (d) of this section, or if no additional information was requested under (c) of this section, not later than seven working days after the end of the comment period established under (b)(3) of this section. The department will notify the applicant when the application package is complete.  
	(f)  The department will, if it determines good cause exists, hold a public hearing on an application package in the manner provided under 18 AAC 15.060.  
	(g)  Not later than 65 days after the department determines that an application package is complete under (e) of this section, the department will approve, approve with conditions, or disapprove a plan and issue a decision under 18 AAC 75.460.  
	(h)  To assist the department in its review of oil discharge prevention and contingency plans and nontank vessel equivalent plans under this chapter, the department will enter into an annual agreement with the Department of Natural Resources and the Department of Fish and Game to provide expertise regarding protection of fish and game, state land, areas of public concern, and environmentally sensitive areas.  

Authorities

46.03.020;46.04.030;46.04.055;46.04.070

Notes

Reference

18 AAC 75.405
18 AAC 75.410
18 AAC 75.415
18 AAC 75.420
18 AAC 75.434
18 AAC 75.457
18 AAC 75.460
18 AAC 75.990

Authority

AS 46.03.020 AS 46.04.030 AS 46.04.055 AS 46.04.070

History

Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 4/8/2012, Register 202; am 4/16/2016, Register 218