18 AAC 75 — Oil and Other Hazardous Substances Pollution Control (Article 1 to 10)

The owner or operator of a tank vessel, oil barge, pipeline, oil terminal, railroad tank car, exploration facility, or production facility subject to the requirements of AS 46.04.030 or AS 46.04.055(j) is responsible for meeting the applicable requirements of this chapter and for…

(a) Except where application of the requirements of 18 AAC 75.005 - 18 AAC 75.085 would be preempted by federal law, those requirements apply to each facility or operation for which an approved oil discharge prevention and contingency plan is required under AS 46.04.030 or AS 46.…

The department may waive a requirement of 18 AAC 75.005 - 18 AAC 75.085 if the owner or operator demonstrates to the department's satisfaction that an equivalent level of protection will be achieved by using a technology or procedure other than the technology or procedure require…

(a) The owner or operator shall have in place personnel training programs designed to ensure that all personnel with job duties directly involving inspection, maintenance, or operation of oil storage and transfer equipment regulated under 18 AAC 75.005 - 18 AAC 75.085 are appropr…

(a) The owner or operator of an oil terminal facility, railroad, tank vessel, or oil barge shall take all appropriate measures to prevent spills or overfilling during a transfer of oil, including reduced loading rates at the beginning and end of a transfer. (b) Unless it is techn…

(a) In addition to meeting the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, a laden tank vessel must carry or have ready access to sufficient oil transfer equipment to facilitate lightering to and from other vessels. The oil transfer equipment must be sufficient to l…

(a) In addition to meeting the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, a laden oil barge must carry or have ready access to sufficient oil transfer equipment to facilitate lightering to and from other vessels. The oil transfer equipment must be sufficient to lig…

(a) In addition to the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, the owner or operator of an exploration or production facility shall collect and store oil produced during a formation flow test or other drilling operation in a manner that prevents the oil from ent…

(a) The requirements of this section apply to each flow line associated with a production facility. (b) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator shall ensure that the design and construction of each …

(a) A crude oil transmission pipeline must be equipped with a leak detection system capable of promptly detecting a leak, including(1) if technically feasible, the continuous capability to detect a daily discharge equal to not more than one percent of daily throughput; (2) flow v…

(a) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator of an oil terminal, crude oil pipeline, exploration, or production facility shall maintain and inspect each field-constructed aboveground oil storage tank…

(a) The owner or operator of a shop-fabricated aboveground oil storage tank placed in service (1) on or before December 30, 2008 shall meet the requirements of (f) - (h) of this section; (2) after December 30, 2008 and before {May 17,2022} shall meet the requirements of (b) - (h)…

(a) Onshore aboveground oil storage tanks must be located within a secondary containment area that has the capacity to hold the volume of the largest tank within the containment area, plus enough additional capacity to allow for local precipitation. Minimum secondary containment …

(a) The owner or operator of an oil terminal, crude oil transmission pipeline, exploration facility, or production facility shall ensure that all facility oil piping associated with that facility meets the requirements of this section. (b) The owner or operator shall maintain met…

In addition to the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, the owner or operator of a railroad tank car shall ensure that (1) the tank car meets all applicable federal specifications; (2) the operation and transport of railroad tank cars by railroad, at a minimu…

Notes 18 AAC 75.090 Eff. 5/14/92, Register 122; repealed 12/30/2006, Register 180 State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features wil…

(a) Subject to the exemptions provided under AS 46.04.050 and (d) of this section, an application for approval of proof of financial responsibility under AS 46.04.040 or 46.04.055, including an application for renewal of approval under 18 AAC 75.225, must be submitted to the depa…

The department will accept an application by electronic mail. Original documentation for self-insurance under 18 AAC 75.245 or a guaranty under 18 AAC 75.260 must be submitted to the department by registered or certified mail or by courier and must be postmarked or dated by couri…

The owner or operator must file an application with the department for a change in operation that would change the dollar amount of financial responsibility required under 18 AAC 75.235(a). The application must include appropriate proof of financial responsibility under 18 AAC 75…

(a) An application for renewal of department approval of proof of financial responsibility must be submitted to the department at least 30 days, but no earlier than 90 days, before the current approval of proof of financial responsibility expires, except for a nontank vessel. For…

(a) Each vessel or facility must be specifically covered by an approved form of financial responsibility. The dollar amounts of required financial responsibility set out in AS 46.04.040 or 46.04.055 are adjusted, based upon the percentage change between the reference base index a…

(a) In addition to the other applicable requirements of this chapter, for an onshore production facility, the amount of financial responsibility required is based on maximum daily production of oil, measured in barrels per day. "Maximum daily production" means the highest amount …

Records received by the department under 18 AAC 75.205 - 18 AAC 75.290, including financial responsibility applications, operations files, and proof of financial ability to respond to a spill incident, are subject to AS 40.25.110-40.25.220. Notes 18 AAC 75.237 Eff. 12/8/95, Regis…

(a) If the department approves a proof of financial responsibility, it will issue a certificate to the applicant stating that the proof of financial responsibility requirements have been met for each vessel or facility identified in the application. (b) The original certificate, …

(a) In order to demonstrate financial responsibility through self-insurance, an applicant shall maintain in the United States, working capital and net worth, each in an amount at least equal to the applicable amount required under 18 AAC 75.235(a), or a lesser amount necessary to…

(a) An applicant may demonstrate financial responsibility with insurance for the applicable amount required under 18 AAC 75.235(a), in full or in part. The applicant shall provide proof of insurance issued by an insurer either who is authorized to sell insurance in Alaska under a…

(a) An applicant may demonstrate financial responsibility with a contract of surety, in full or in part, for the applicable amount required under 18 AAC 75.235(a). The applicant shall submit the contract of surety to the department on forms supplied by the department. (b) The iss…

(a) An applicant may demonstrate financial responsibility with a contract of guaranty, in full or in part, for the applicable amount required under 18 AAC 75.235(a). The applicant shall submit the contract of guaranty to the department, using a form supplied by the department. (b…

(a) An applicant may demonstrate financial responsibility with a letter of credit, in favor of the State of Alaska, for the applicable amount required under 18 AAC 75.235(a), in full or in part. The letter of credit(1) must be irrevocable for a period of not less than one year on…

(a) This section applies to other proof of financial responsibility for tank vessels, oil barges, oil terminal facilities, oil exploration or production facilities, pipelines, and railroad tank cars. An applicant may demonstrate financial responsibility for the applicable amount …

(a) This section applies to proof of financial responsibility for nontank vessels. An applicant may demonstrate financial responsibility for the applicable amount required under 18 AAC 75.235(a) (5) or (6), in full or in part, with (1) evidence of financial responsibility meeting…

Termination or cancellation of proof of financial responsibility does not relieve a person subject to AS 46.04.040 or 46.04.055 from (1) the requirement to provide proof of financial responsibility if that person's vessel or facility remains in operation as defined in 18 AAC 75.2…

An agent designated for service of process under AS 46.04.040(e) must be a resident of the state or a corporation authorized to do business in the state. If no designation is made and filed, or if process cannot be served in Alaska upon the designated agent, process may be served…

(a) If a vessel is to operate as an oil terminal facility as defined at AS 46.04.900, the owner or operator shall submit a written request for classification of the vessel as an oil terminal facility to the department. The request for classification must include the (1) name of t…

(a) An oil terminal facility may not transfer a liquid bulk oil product to or from a tank vessel or oil barge if the oil product is declared as liquid bulk cargo, unless the tank vessel or oil barge provides proof to the terminal operator that the tank vessel or oil barge has a c…

If a person required to provide proof of financial responsibility under AS 46.04.040, AS 46.04.055, or 18 AAC 75.205 - 18 AAC 75.290 fails or refuses to do so, the department will, in its discretion, (1) seek civil assessments and costs under AS 46.03.760 or other appropriate sta…

(a) Subject to (b), (c), and (g) of this section, a person in charge of a facility or operation shall notify the department by telephone, and immediately afterwards send the department a written notice by facsimile, electronic mail, hand delivery, or first class mail, informing t…

(a) The owner or operator shall display a discharge or release notification placard, provided by the department, that includes telephone numbers of department offices in conspicuous locations on a(1) tank truck containing more than 500 gallons of a hazardous substance, in additio…

(a) Immediately after receiving notice from a person or after otherwise becoming aware of a discharge or release of a hazardous substance to land or waters of the state, a responsible person shall, as required by 18 AAC 75.315, immediately contain and control the discharge or rel…

(a) A responsible person shall investigate, contain, and perform a cleanup of a sudden or recent discharge or release of a hazardous substance (1) in consultation the department, upon notification of a discharge or release under 18 AAC 75.300; (2) in a manner that does not result…

(a) The department will determine that a responsible person's containment and cleanup efforts are inadequate under 18 AAC 75.315 or 18 AAC 75.325 - 18 AAC 75.396 if the department determines that (1) the responsible person has not used, or has not adequately used, containment equ…

(a) The requirements of 18 AAC 75.325 - 18 AAC 75.390 are referred to in this chapter as the "site cleanup rules." The site cleanup rules establish administrative processes and standards to determine the necessity for and degree of cleanup required to protect human health, safety…

(a) The department, or a responsible person as provided in (c) of this section, will perform an interim removal action if the department determines that an interim removal action is necessary under the site cleanup rules to prevent (1) human or environmental exposure to a hazardo…

(a) A responsible person shall ensure that a qualified environmental professional (1) prepares the site characterization work plan required under 18 AAC 75.335(b)(1); (2) prepares the site characterization report required under 18 AAC 75.335(c)(1); (3) performs sampling collectio…

(a) Before proceeding with site cleanup under the site cleanup rules, a responsible person shall characterize the extent of hazardous substance contamination at the site. (b) A responsible person shall submit a site characterization work plan to the department for approval before…

(a) This section provides the requirements for cleanup levels for hazardous substances in soil. For each site, except as provided in (b) of this section, a responsible person shall propose soil cleanup levels for approval, shall base those cleanup levels upon an estimate of the r…

(a) If a responsible person uses method one for petroleum hydrocarbons for a non-Arctic zone under 18 AAC 75.340, the soil cleanup levels must be based on Table A1 in this subsection. TABLE A1. METHOD ONE - PETROLEUM HYDROCARBON SOIL CLEANUP LEVELS IN NONARCTIC ZONES (See notes t…

(a) Except as otherwise provided in this section, cleanup of a discharge or release of a hazardous substance to groundwater or surface water must meet the requirements of this section. (b) Contaminated groundwater must meet (1) the cleanup levels in Table C if the current use or …

Subject to 18 AAC 75.345(c), groundwater at the site is considered to be a drinking water source unless a responsible person demonstrates or the department determines that (1) the groundwater is not (A) used for a private or public drinking water system; (B) within the zone of co…

(a) Unless the department determines that final confirmation sampling is not needed to meet the requirements of the site cleanup rules, a responsible person shall submit a sampling and analysis plan for approval under 18 AAC 75.360, and after implementing the plan, shall submit t…