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

(a) A responsible person shall submit a written final cleanup report to the department for each site undergoing cleanup under the site cleanup rules. The report must be prepared by a qualified environmental professional. (b) The written report required by (a) of this section must…

A person aggrieved by a final department decision under 18 AAC 75.380 or a final department decision revoking an approval issued under the site cleanup rules may request informal review under 18 AAC 15.185 or may reguest an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340…

(a) Except as provided in (b) of this section, and if the department determines that a waiver or modification will be protective of human health, safety, and welfare, and of the environment, the department will waive or modify the site cleanup rules based on a review of the quant…

A person may not interfere with, hinder, or obstruct the containment or cleanup of a hazardous substance conducted under this chapter. This prohibition does not apply to the United States Coast Guard or EPA. Notes 18 AAC 75.395 Eff. 1/22/99, Register 149 Authority:AS 46.03.020 AS…

Subject to AS 29.35.020, AS 46.04.110, and AS 46.09.060, the requirements of 18 AAC 75.300 - 18 AAC 75.390 do not preempt local control that is as stringent as, or more stringent than, those requirements, and that is consistent with a regional master plan prepared under AS 46.04.…

(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 75.430 - 18 AAC 75.495. Notwiths…

(a) If a person applies for a new plan under 18 AAC 75.410, an amendment determined to be a major amendment under 18 AAC 75.415(a), or a plan renewal under 18 AAC 75.420, and that person submits an application before August 4, 2023, the department will review the application unde…

(a) At least 60 days before the scheduled submission date for an application package for approval of a new oil discharge prevention and contingency plan under 18 AAC 75.410 or for renewal of approval under 18 AAC 75.420, the applicant must notify the department in writing of its …

(a) An application package for approval of an oil discharge prevention and contingency plan must contain (1) an application form supplied by the department containing (A) the applicant's legal name, address, and telephone number; (B) the name, location, and type of facility or op…

(a) An application package for approval of a new oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408. An application package must be submitted at least 180 days before the proposed start of operation. (b) Repealed 4/16/2016. (c) The de…

A change in the owner, operator, or name of the owner or operator of a facility or operation with an approved oil discharge prevention and contingency plan requires that the new owner or operator submit an application package as an amendment under 18 AAC 75.415. Notes 18 AAC 75.4…

(a) An application for approval of an amendment to an oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408 and approved by the department, before a change to a plan may take effect, unless it is a routine plan update under (b) of this s…

(a) A plan holder must apply for renewal of the department's approval of an oil discharge prevention and contingency plan in accordance with 18 AAC 75.408. For submittals after October 16, 2016, the application must be submitted at least 180 days, or the number of days stated in …

(a) An application for approval of a new streamlined oil discharge prevention and contingency plan must be made on an application form supplied by the department. (b) An application for approval of an amendment to a streamlined plan must be submitted using an application form sup…

A streamlined plan application must contain the following information: (1) the name, address, and telephone number of the plan holder; (2) for each covered vessel, the (A) vessel's name, official number, and country of registry; (B) name and address of the owner; and (C) name and…

(a) A response planning facilitator registered under 18 AAC 75.500 - 18 AAC 75.580 may submit a streamlined plan under 18 AAC 75.421 on behalf of a plan holder. A response planning facilitator may (1) act as an intermediary between the plan holder and one or more streamlined plan…

(a) A noncrude oil tank vessel or barge that has an approved streamlined plan must maintain the following equipment on board:(1) sorbent boom, not less than six times the length of the vessel and at least five inches in height, and equipment necessary to secure it; (2) a vessel c…

(a) Notwithstanding the response planning standards set out in 18 AAC 75.430 - 18 AAC 75.442, the plan must demonstrate the general procedures to clean up a discharge of any size, including the greatest possible discharge that could occur, subject to the provisions of AS 46.04.02…

(a) For an oil terminal facility, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resour…

For a railroad tank car, the plan holder shall maintain, or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to (…

(a) For an exploration or production facility, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and…

(a) For a crude oil pipeline facility, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other r…

(a) For a crude oil tank vessel or barge, the plan holder shall maintain or have available under contract within its region of operation, sufficient discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to (1) contain or control, and clea…

(a) For a noncrude oil tank vessel or barge, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and o…

(a) For a nontank vessel, the plan holder shall maintain or have available under contract or membership agreement within the plan holder's region of operation, sufficient oil discharge containment and control equipment and shall maintain or have available under contract or member…

For a plan having multiple facility types that require an approved oil discharge prevention and contingency plan, the plan holder must plan to respond to a discharge of the applicable response planning standard volume for each separate facility type in the plan as established und…

(a) An oil discharge prevention and contingency plan submitted for approval under 18 AAC 75.400 - 18 AAC 75.495 must be usable as a working plan for oil discharge control, containment, cleanup, and disposal. The plan must contain enough information, analyses, supporting data, and…

(a) The response action plan must include the following information in sufficient detail to clearly guide responders in an emergency event: (1) emergency action checklist - a short checklist of the immediate response and notification steps to be taken if an oil discharge occurs; …

(a) The prevention plan must demonstrate that the applicant meets all applicable requirements of 18 AAC 75.005 - 18 AAC 75.085 and must provide a detailed description of all oil discharge prevention measures, policies, and programs in place at the facility, with reference to the …

(a) The supplemental information section must provide the background and verification information identified in (b) - (n) of this section. (b) The plan holder must provide a facility description and operational overview. This is a general description of the oil storage, transfer,…

(a) Unless application of a state requirement would be preempted by federal law, the plan must provide for the use of best available technology consistent with the applicable criteria in (c) of this section. Technologies that are not subject to the response planning standards or …

The plan must (1) provide a mathematical calculation of the applicable response planning standards set out in 18 AAC 75.430 - 18 AAC 75.440 and 18 AAC 75.442; (2) include a detailed calculation and justification of reductions to the response planning standard; and (3) include an …

(a) Not later than seven working days after receipt of an oil discharge prevention and contingency plan application package for a new plan, plan renewal or major amendment, the department will determine if the application package is sufficient for review. For an amendment applica…

(a) The department will approve or disapprove a streamlined oil discharge prevention and contingency plan or plan amendment not later than five working days after receipt of a complete application. The department will approve a streamlined plan application submitted under 18 AAC …

If, due to an emergency as described in AS 26.23, AS 46.04.080, or other applicable law, an applicant needs an expedited review, or if the commissioner or the commissioner's designee finds that an expedited review is necessary for the preservation of the public peace, health, saf…

(a) After the department has determined that the application package is complete and before the department issues its decision under 18 AAC 75.460, the applicant may request a preissuance conference. The request must be made in writing, and will be granted if the applicant demons…

(a) After considering the information, analyses, and commitments contained in a complete application package for approval of an oil discharge prevention and contingency plan and comments received not later than the close of the public comment period set out in 18 AAC 75.455, the …

(a) The owner or operator of an oil terminal facility may not cause or permit the transfer of oil to or from a vessel, barge, or railroad tank car unless (1) the operator of the vessel, barge, or railroad tank car has produced for inspection by the facility owner or operator the …

(a) If approved under this section, a plan holder, or an oil spill response contractor or cooperative upon which one or more plan holders rely, may furnish to another plan holder or to another person, equipment, materials, or personnel to assist in response to an oil discharge. A…

(a) All spill response and other equipment identified in the approved oil discharge prevention and contingency plan or streamlined plan to meet the response planning standards set out in 18 AAC 75.430 - 18 AAC 75.442 must be maintained in operational condition. Equipment found no…

(a) To verify that an owner or operator of a facility subject to AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 75.496 is in compliance with those statutes and regulations, or to verify compliance with an approved oil discharge prevention and contingency plan or a streaml…

(a) The department may conduct announced and unannounced discharge exercises appropriate to the plan holder's current status of operations to ensure that an oil discharge prevention and contingency plan or the initial response actions in a streamlined plan for a noncrude oil tank…

In 18 AAC 75.400 - 18 AAC 75.496, "temporary basis" means the use of an aboveground oil storage tank located at a facility for a duration of less than 12 consecutive months and is limited to aboveground oil storage tanks used for project or maintenance activities. Notes 18 AAC 75…

(a) If a plan holder fails to comply with an approved oil discharge prevention and contingency plan or streamlined plan, demonstrates an inability to maintain continuous access to the quality or quantity of resources identified in the plan, fails to respond with those resources i…

(a) Three coastal areas and one inland area, and associated geographic zones as described in (b) of this section, are established for the regional master oil and hazardous substance discharge prevention and contingency plan boundaries as required by AS 46.04.210. Planning areas a…

The regions described in this section and depicted on the map at Figure 2 are established for the purpose of establishing boundaries for nontank vessel plans: Figure. 1 Regional Response Operations Plan Boundaries (18 AAC 75.496) CLICK TO VIEW MAP (1) Southeast Alaska Region: tha…

(a) As used in AS 46.04.035 and 18 AAC 75.500 - 18 AAC 75.580, "oil spill primary response action contractor" means a person who is or intends to be obligated under contract to the holder of an approved oil discharge prevention and contingency plan issued under AS 46.04.030 to pr…