18 AAC 75.446. Approval criteria for nontank vessel equivalent plans

(a) The department will use the criteria set out in (b) - (g) of this section to review a nontank vessel equivalent plan submitted under 18 AAC 75.410(a) .

(b) General Response Procedures. The plan must identify the general procedures to be followed in responding to a discharge in order to meet the applicable response planning standard volume for each covered vessel.

(c) Deployment Strategies. The plan must demonstrate that the identified personnel and equipment are sufficient to meet the applicable response planning standard and can be deployed and operating within the time specified under 18 AAC 75.441. Plans using contractual resources must demonstrate that the transition and substitution of equipment and resources will occur without interruption of response or cleanup.

(d) Response Strategies. The response strategies must take into account the type of product discharged and must demonstrate that

(1) procedures are in place to stop the discharge at the source within the shortest possible time;

(2) plans, procedures, and equipment are sufficient to monitor and track the discharge in order to ensure proper allocation and deployment of response personnel and equipment;

(3) response strategies demonstrate the ability to mobilize and deploy sufficient equipment to allow the commencement of containment, control, and cleanup activities in the region of operation within the shortest possible time, and the ability to deliver all identified equipment in the region of operation within 24 hours after notification of an incident;

(4) access exists to sufficient lightering equipment and personnel to transfer all oil from any damaged tank and from any undamaged tank if the risk of an additional discharge is present; the plan must provide for commencement and completion of lightering within the shortest possible time, consistent with ensuring the safety of personnel; and

(5) adequate temporary storage and removal capacity for recovered oil and oily wastes will be available in the region of operation or capable of arriving in the region of operation within 24 hours to keep up with the skimming and recovery operations and to meet the applicable planning standard established under 18 AAC 75.441 for control, containment, and cleanup; plans for temporary storage and ultimate disposal must include the specific actions to be taken to obtain all necessary permits and approvals.

(e) Response Equipment. Response equipment identified in the plan must meet the following conditions:

(1) at a minimum, response equipment must meet the requirements set out in Table F of this paragraph;

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Notes to Table F:

1 This table sets out minimum planning requirements, not performance standards; during an incident, equipment must be mobilized in an amount and of a type appropriate to the actual circumstances of that incident.

2 The type of boom must be based on an assumed maximum sea state of three feet; listed quantities of boom must be available in each region of operation.

3 Skimmer capacity must meet or exceed the response planning standard volume for the predominant type of fuel, whether persistent product or nonpersistent product, carried by each vessel covered under a plan; skimmer capacity must be calculated based on a derated capacity corresponding to actual anticipated performance rather than manufacturer rated capacity, and may not include associated water; skimmers must be in the region of operation or capable of being deployed in the region of operation within 24 hours.

4 Cleaning kits must be in the region of operation or available within 24 hours; cleaning kits must include, at a minimum,

a. 2,500 feet of sorbent boom and 1,000 nine-ounce minimum sorbent pads for recovery of nonpersistent product;

b. 2,500 feet of viscous, sweep, or similar material for recovery of persistent product;

c. 12 fence posts;

d. one fence post driver;

e. 500 feet of rope;

f. 10 anchor, buoy, and line systems sized to the containment boom and designed to work in 100 feet of water;

g. 12 pitchforks;

h. 12 rakes;

i. 12 pointed shovels;

j. 12 flat shovels;

k. two bundles of survey stakes or two rolls of survey tape;

l. 250 waste bags, each at least 6 mils thick;

m. 12 rolls of barrier tape;

n. 300 bag ties;

o. three rolls of 100-foot x 24-foot plastic sheeting, at least six mils thick; and

p. 12 rolls of duct tape.

5 Storage capacity must be in the region of operation or available within 24 hours, and be capable of handling the specified amount of fuel and all associated water recovered in one day; the daily storage handling capacity must be calculated based on a five-day cleanup of the entire response planning standard volume; the amount of storage needed for associated water must be based on skimmer capacity; skimmer capacity must be calculated based on a derated capacity corresponding to actual anticipated performance rather than manufacturer rated capacity.

6 Personnel numbers are based on the minimum number necessary to deploy boom using skiffs; personnel do not include incident management personnel.

7 Workboats must be of appropriate size and horsepower for towing up to 500-foot sections of boom; listed quantities must be available in each region of operation.

8 Hazing kits must be in the region of operation or available within 24 hours; hazing kits must include, at a minimum,

a. 10 rolls of mylar tape;

b. 20 mylar balloons;

c. 30 pounds of towels or rags;

d. gloves;

e. binoculars;

f. a field guide to birds of this state;

g. an air horn;

h. three predator silhouettes; and

i. strapping tape.

9 Radios must be in the region of operation or available within 24 hours; a minimum of five radios is required unless the contractor has more than 10 personnel; if the contractor has more than 10 personnel, the number of radios must equal at least one-half of the number of personnel.

(2) equipment stored in the region of operation must be maintained in a state of readiness in accordance with industry standards;

(3) types and amounts of recovery devices, boom, boom connectors, and anchoring systems must be of the appropriate design for the particular oil product and type of environment, and capable of operation in wave heights of up to three feet; and

(4) vessels used to deploy and tow boom must be of a number, size, and power adequate to deploy the types and amounts of boom addressed in (3) of this subsection and must be capable of operating in the manner and at the speeds necessary for the effective use of boom.

(f) Response Action Contractor Information. If a plan holder proposes to use the services of a nontank vessel cleanup contractor or nontank vessel incident management team to meet a requirement of AS 46.04.055 or 18 AAC 75.400 - 18 AAC 75.496, the contractor must be registered under 18 AAC 75.500 - 18 AAC 75.580 for the appropriate vessel fuel classification under 18 AAC 75.561(b) (1), Table G, and region of operation identified in the plan. The plan holder shall include a correct and complete list of each contractor, with name, address, telephone number, and affiliation by company. For each response action contract or membership agreement identified in a plan, the plan shall include a statement signed by the plan holder and the contractor attesting to the department that the contract or membership agreement clearly specifies that the contractor is obligated to

(1) provide the services and equipment listed for that contractor in the nontank vessel plan;

(2) respond if a discharge occurs;

(3) notify the plan holder immediately if the contractor cannot carry out the response actions specified in the contract, membership agreement, or nontank vessel plan;

(4) give written notice at least 30 days before terminating the contract or membership agreement with the plan holder;

(5) respond to a department-conducted discharge exercise required of the plan holder; and

(6) maintain in a state of readiness, in accordance with industry standards, the equipment and other spill response resources to be provided by the nontank vessel cleanup contractor or nontank vessel incident management team under the nontank vessel plan.

(g) Training. In addition to maintaining continuous compliance with other applicable state and federal training requirements, the plan holder shall demonstrate that designated oil spill response personnel are trained and kept current in the specifics of plan implementation, including deployment of containment boom, operation of skimmers and lightering equipment, and organization and mobilization of personnel and resources. The plan holder shall ensure that proof of training is maintained for three years and is made available to the department upon request.

History: Eff. 11/27/2002, Register 164

Authority: AS 46.03.020

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