Section 18.75.460. Department decision on oil discharge prevention and contingency plans and nontank vessel equivalent plans; new plans, plan renewals, and major plan amendments.

	(a)  After considering the information, analyses, and commitments contained in a complete application package for approval of an oil discharge prevention and contingency plan or nontank vessel equivalent plan and comments received not later than the close of the public comment period set out in 18 AAC 75.455, the department will approve, approve with conditions, or disapprove an oil discharge prevention and contingency plan or a nontank vessel equivalent plan.  
	(b)  A decision issued under (a) of this section will include  
		(1) the department's written decision, if it is the department's determination that an oil discharge prevention and contingency plan approval should be issued; the department will provide a summary of the basis for its decision to approve a plan, disapprove a plan, or subject a plan to conditions specific to the activity;  
		(2) a statement that, if aggrieved by the department's decision, the applicant or any person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455 may request  
			(A) an informal review in accordance with 18 AAC 15.185; or  
			(B) an adjudicatory hearing by submitting the information required under 18 AAC 15.200(a), and that any hearing requested under this subparagraph will be subject to the procedures set out under 18 AAC 15.195 - 18 AAC 15.340; and  
		(3) a statement that the plan holder will provide copies of the approved plan in accordance with 18 AAC 75.408 not later than 30 days after approval; for submittals after October 16, 2016, the department will send a notice by electronic mail to the parties specified in 18 AAC 75.408(c)(4) that the document is available on the department's Internet website.  
	(c)  The department's decision will be served on the applicant and each person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455(b), or the close of the public comment period set out in 18 AAC 75.455(d) if a request for additional information was made. The applicant and any person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455(b), or the close of the public comment period set out in 18 AAC 75.455(d) if a request for additional information was made, may request an informal review in accordance with 18 AAC 15.185 or an adjudicatory hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340. An informal review request must be delivered in accordance with 18 AAC 15.185 to the Anchorage office of the director of the department division that oversees spill prevention and response. An adjudicatory hearing request must be delivered in accordance with 18 AAC 15.200 to the Juneau office of the commissioner.  
	(d)  An approval under this section is effective for  
		(1) five years after the date it is issued; or  
		(2) a time period shorter than five years, as specified in the department's approval letter and certificate.  

Authorities

46.03.020;46.04.030;46.04.055;46.04.070

Notes

Reference

18 AAC 75.410
18 AAC 75.420
18 AAC 75.455
18 AAC 75.459
18 AAC 75.465
18 AAC 75.485
18 AAC 75.990

Authority

AS 46.03.020 AS 46.04.030 AS 46.04.055 AS 46.04.070 Editor's note: The mailing address for informal review requests for purposes of 18 AAC 75.460 is Department of Environmental Conservation, Office of the Director, Division of Spill Prevention and Response, 555 Cordova Street, Anchorage, Alaska 99501-2617. The mail address for adjudicatory hearing requests is Department of Environmental Conservation, Office of the Commissioner, 410 Willoughby Avenue, Suite 303, Juneau, Alaska 99801. Department of Environmental Conservation approval under 18 AAC 75.460 does not negate any other requirement for approval to operate under other statutes or regulations.

History

Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 9/4/2014, Register 211; am 4/16/2016, Register 218

References

18.75.460