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(a) Subject to (b) of this section, before a change to a plan that has been approved under 18 AAC 75.400 - 18 AAC 75.496 may take effect, the plan holder must obtain approval from the department for an amendment to the plan. An application for approval of an amendment must be submitted on a form supplied by the department. For plans approved under 18 AAC 75.460(a) , the application must be accompanied by the number of amended plans or plan amendments determined under 18 AAC 75.405(a) . The department will use the procedures set out at 18 AAC 75.455 to review a plan amendment, unless the plan amendment is a routine plan update under (b) of this section, adds a vessel under (c) of this section, or otherwise does not diminish the plan holder's ability to respond to an oil discharge.
(b) A routine plan update must be submitted to the department and, for plans approved under 18 AAC 74.460(a), to the applicable resource agencies within five days after the date the proposed change occurs. Routine plan updates include
(1) a deletion to the list of vessels operating under the approved plan;
(2) a revision to the list of names, addresses, or telephone numbers of spill command and response personnel; and
(3) a revision to a training procedure or course work requirement that does not reduce the amount or quality of training required by this chapter.
(c) An application for approval of a plan amendment to allow the addition of a vessel to operate under an approved oil discharge prevention and contingency plan must include the information required by 18 AAC 75.425(e) (1)(H) and 18 AAC 75.425(e) (3)(A)(iii), (v), (vi), (viii), and (x). A plan amendment for the addition of a vessel must be submitted at least five days before the vessel operates in state waters. The department will review the application and issue a written decision within five days after receiving a proposed plan amendment under this subsection if the department determines that the addition of a vessel will not diminish the plan holder's ability to respond to an oil discharge. A plan amendment under this subsection that might diminish the plan holder's ability to respond to an oil discharge will be reviewed under 18 AAC 75.455.
(d) An application for approval of a plan amendment to allow the addition of a vessel to operate under an approved nontank vessel equivalent plan must include all the information required by 18 AAC 75.427 for that vessel. A plan amendment for the addition of a vessel must be submitted at least five days before the vessel operates in state waters. The department will review the application and issue a written decision within five days after receiving a proposed plan amendment under this subsection if the department determines that the addition of a vessel will not diminish the plan holder's ability to respond to an oil discharge. A plan amendment under this subsection that might diminish the plan holder's ability to respond to an oil discharge will be reviewed under 18 AAC 75.455.
(e) An application for approval of a plan amendment to allow the addition of a vessel to operate under an approved nontank vessel streamlined plan must include all of the information required by 18 AAC 75.426 for that vessel. A plan amendment for the addition of a vessel must be submitted at least five days before the vessel operates in state waters. The department will review the application and issue a written decision within five days after receiving a proposed plan amendment under this subsection. A plan amendment for the addition of a vessel will be reviewed under 18 AAC 75.456.
(f) For plans approved under 18 AAC 75.460(a) , if the department determines that a proposed plan amendment submitted under (b) of this section will diminish the plan holder's ability to respond to an oil discharge, the department will notify the plan holder within 10 days after receipt of the amendment that the amendment will be reviewed under 18 AAC 75.455. If the department determines that a proposed plan amendment will not diminish the plan holder's ability to respond to an oil discharge, the department will review the plan amendment and issue a written decision within 30 days after receipt of the proposed plan amendment.
(g) For a plan approved under 18 AAC 75.460(a) , the plan holder shall notify and, upon request, send a copy of any proposed plan amendment or update submitted under this section to resource agencies, affected coastal resource districts and regional citizens' advisory councils, and other persons as directed by the department under 18 AAC 75.455.
History: Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164
Authority: AS 46.03.020
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Last modified 7/05/2006