Title 18 . Environmental Conservation

Chapter 75 . Administrative Enforcement

Section 561. Minimum registration standards for nontank vessel cleanup contractors

18 AAC 75.561. Minimum registration standards for nontank vessel cleanup contractors

(a) Subject to the transitional provisions of 18 AAC 75.413(b) - (c), the minimum registration standards for nontank vessel cleanup contractors are set out in (b) - (f) of this section.

(b) Response equipment maintained by, or available under contract to the contractor must meet the following conditions:

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

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Notes to Table G:

1 This table sets out minimum registration standards, 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. 12 rolls of barrier tape;

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

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) 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

(3) 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 (2) of this subsection, and must be capable of operating in the manner and at the speeds necessary for the effective use of boom.

(c) The nontank vessel cleanup contractor must 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 equipment identified in Table G in (b)(1) of this section to the region of operation within 24 hours after notification of an incident.

(d) Nontank vessel cleanup contractor personnel must be trained and kept current in the specifics of equipment mobilization, deployment, and operation. Proof of training must be maintained for three years and made available to the department upon request.

(e) Professional response action standards and practices and a response action plan must be maintained, and must include

(1) responding immediately upon direction by the plan holder or incident management team;

(2) remaining in substantial compliance with each applicable contract;

(3) abiding by applicable permits and authorizations unless directed to proceed otherwise by the federal or state on-scene coordinator designated under 33 U.S.C. 1321 or AS 46.04.020 ;

(4) maintaining a working knowledge of all applicable oil pollution statutes and regulations and pertinent provisions of each nontank vessel plan in which that contractor is listed;

(5) maintaining a safe working environment and an acceptable safety history; and

(6) notifying the plan holder or response planning facilitator, as applicable, within 24 hours after any significant change in the contractor's

(A) equipment required by Table G in (b)(1) of this section; or

(B) response preparedness described in (c) of this section.

(f) No later than January 31 of each year, a nontank vessel cleanup contractor registered under this chapter shall provide to the department a complete list of each nontank vessel plan in which that contractor has agreed in writing to be listed as a nontank vessel cleanup contractor.

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

Authority: AS 46.03.020

AS 46.04.030

AS 46.04.035

AS 46.04.055

AS 46.04.055