18 AAC 75.400. Applicability

(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 75.420 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, by the owner or operator of the facility;

(2) for a tank vessel, oil barge, or any other vessel transporting liquid bulk oil cargo, by

(A) the charterer, if the vessel or barge is chartered by demise;

(B) the operator of the vessel;

(C) the owner of the vessel or barge, if the agents or employees of the owner retain control and responsibility for the operation of the vessel or barge; 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;

(5) for a nontank vessel, by

(A) the charterer, if the nontank vessel is chartered by demise;

(B) the operator;

(C) the owner, if the agents or employees of the owner retain control and responsibility for the operation of the nontank vessel; or

(D) in any other case, the person with primary operational control; or

(6) 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 a form supplied by the department. The department will approve or deny the request for exemption within 10 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 will, in its discretion, 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 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 taken out of service must be clearly posted with a placard prohibiting refilling of the tank without department approval. Before reactivation of a tank that has been disabled 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. 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, logistical considerations, or other factors indicating to the satisfaction of the department that a single plan is appropriate given the commonality of operations.

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

Authority: AS 46.03.020

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