Title 18 . Environmental Conservation

Chapter 75 . Administrative Enforcement

Section 990. Definitions

18 AAC 75.990. Definitions

Unless the context indicates otherwise, in this chapter

(1) "accumulation" means the action or process that causes or results in the gradual increase in the quantity, concentration, or type of hazardous substance over time;

(2) "approval" means written approval by the department;

(3) "approved" means approved in writing by the department;

(4) "Arctic zone" means areas north of latitude 68ΓΈ North; an area south of that latitude will be considered an "Arctic zone" on a site specific basis, based on a demonstration that the site is underlain by continuous permafrost;

(5) "area of public concern" means a geographic area that, in the department's judgment, deserves special protection from an oil discharge, including

(A) an area of unique cultural value, historical significance, or scenic importance;

(B) an area of substantial residential or public recreational value or opportunity;

(C) an area where fish hatcheries or other facilities primarily dependent upon the use of potentially affected water are located;

(D) an area significantly used for commercial, sport, or subsistence hunting, fishing, and gathering; and

(E) an area where concentrations of terrestrial or marine mammals or bird populations primarily dependent on the marine environment are located;

(6) "background concentration" means the concentration of a hazardous substance that is consistently present in the environment or in the vicinity of a site and that is naturally present or is the result of human activities unrelated to a discharge or release at the site;

(7) "barge" means oil barge;

(8) "barrel" has the meaning given in AS 46.04.900 ;

(9) "best available technology" means the best proven technology that satisfies the provisions of 18 AAC 75.425(e) (4) and 18 AAC 75.445(k) ;

(10) "bioremediation" means a remediation method that decreases the concentration of a hazardous substance in soil through biological action;

(11) "capacity" means storage capacity;

(12) "carcinogen" means

(A) a substance that is expected to cause cancer in nonhuman life; or

(B) for human health purposes, a substance that meets the criteria of a Group A or Group B carcinogen according to EPA's Guidelines for Carcinogen Risk Assessment, 51 Fed. Reg. 33992, 33999-34000 (Sept. 24, 1986), adopted by reference;

(13) "carcinogenic" means of or relating to a carcinogen;

(14) "cargo volume" means storage capacity;

(15) "catastrophic oil discharge" has the meaning given in AS 46.04.900 ;

(16) "catch tank" means the container that collects well fluids, muds, and oil from drilling;

(17) "cleanup" means efforts to mitigate environmental damage or a threat to human health, safety, or welfare resulting from a hazardous substance, and includes removal of a hazardous substance from the environment, restoration, and other measures that are necessary to mitigate or avoid further threat to human health, safety, or welfare, or to the environment;

(18) "cleanup level" means the concentration of a hazardous substance that may be present within a specified medium and under specified exposure conditions without posing a threat to human health, safety, or welfare, or to the environment;

(19) "commercial or industrial land use" means a use of real property or a portion of a property for other than human habitation or a purpose with a similar potential for human exposure; "commercial or industrial land use" includes manufacturing; industrial research and development; utilities; dry cleaning facilities; commercial warehouse operations; lumber yards; retail gas stations; auto service stations; auto dealerships; equipment repair and service stations; professional offices, such as for lawyers, architects, or engineers; real estate or insurance offices; medical or dental offices and clinics; financial institutions; publicly-owned office buildings; a retail business where the principal activity is the sale of food or merchandise; personal service establishments, such as health clubs, barbershops, beauty salons, mortuaries, and photographic studios; churches; motels or hotels; and property restricted to commercial or industrial use by a legally enforceable zoning ordinance or specific deed restriction; for purposes of this paragraph,

(A) "medical and dental offices and clinics" does not include hospitals;

(B) "churches" does not include churches that provide day care or school services other than during normal worship services; and

(C) "motels and hotels" does not include motels or hotels that allow month-by-month residence;

(20) "contain" means to surround a discharge or release of a hazardous substance with booms, berms, dikes, or other barriers to prevent the further spread of the discharge or release;

(21) "contaminant" means a hazardous substance;

(22) "contaminated groundwater" means groundwater containing a concentration of a hazardous substance that exceeds the applicable cleanup level determined under the site cleanup rules;

(23) "contaminated soil" means soil containing a concentration of a hazardous substance that exceeds the applicable cleanup level determined under the site cleanup rules;

(24) "control" means to stop, restrict, or deflect the movement of a discharge;

(25) "cuttings" means rock chips or soil produced during the process of drilling a well or boring;

(26) "degradation" means a process by which a chemical is reduced to a less complex form;

(27) "demonstrate" means to prove through documentation or other evidence to the department's satisfaction;

(28) "demonstration" means proof through documentation or other evidence to the department's satisfaction;

(29) "department" means the Department of Environmental Conservation;

(30) "deposit" means to place, set down, or leave behind material;

(31) "deposition" means a placing, setting down, or leaving behind of material;

(32) "discharge" has the meaning given in AS 46.04.900 , except that, as used in this chapter, "discharge" applies only to an unpermitted discharge into the environment;

(33) "dispersant" means a chemical agent used to enhance the breakup of discharged oil into droplets, promoting mixing of oil into the water column and accelerating dilution and degradation rates;

(34) "ecological receptor" means a

(A) member or local population of plant or animal species in the geographic area of the site; and

(B) habitat on or adjacent to the site;

(35) "environmentally sensitive area" means a geographic area that, in the department's determination, is especially sensitive to change or alteration, including

(A) an area of unique, scarce, fragile, or vulnerable natural habitat;

(B) an area of high natural productivity or essential habitat for living organisms;

(C) an area of unique geologic or topographic significance that is susceptible to a discharge;

(D) an area needed to protect, maintain, or replenish land or resources, including floodplains, aquifer recharge areas, beaches, and offshore sand deposits;

(E) a state or federal critical habitat, refuge, park, wilderness area, or other designated park, refuge, or preserve; and

(F) an area that merits special attention as defined at 6 AAC 80.170;

(36) "EPA" means the United States Environmental Protection Agency;

(37) "estuarine" means of or relating to an estuary;

(38) "estuary" means a semi-enclosed, coastal waterbody with a free connection with the sea and within which seawater is measurably diluted with freshwater derived from land drainage;

(39) "existing installation" means storage and surge tanks, secondary containment, piping and any other operational appurtenances constructed and installed before May 14, 1992, existing storage and surge tanks that have been reconstructed, as defined in API Standard 653, First Edition, 1991, and Supplement 1, January 1992, are considered a new installation for the purposes of this chapter;

(40) "exploration facility" has the meaning given in AS 46.04.900 ;

(41) "ex-situ" means as applied to soil or groundwater moved from its original place, excavated, removed, or recovered from the ground;

(42) "facility" or "facility or operation" means any offshore or onshore structure, improvement, vessel, vehicle, land, enterprise, endeavor, or act; "facility" or "facility or operation" includes an oil terminal facility, tank vessel, oil barge, pipeline, railroad tank car, railroad, and exploration or production facility;

(43) "free product" means a concentration of a hazardous substance that is present as a nonaqueous phase liquid; for purposes of this paragraph, a "nonaqueous phase liquid" is a liquid that is not dissolved in water;

(44) "freshwater wetlands" means environments characterized by rooted vegetation that is partially submerged either continuously or periodically by surface freshwater with less than .5 parts per thousand salt content and not exceeding three meters in depth;

(45) "fugitive dust" means particulate matter that has become airborne;

(46) "groundwater" means

(A) water in the saturated zone, for purposes of evaluating whether the groundwater is a drinking water source under 18 AAC 75.350; or

(B) water beneath the surface of the soil, for purposes of evaluating whether the water will act as a transport medium for hazardous substance migration;

(47) "hazard index" means the sum of the hazard quotient attributable to noncarcinogenic hazardous substances with similar critical endpoints;

(48) "hazardous substance" has the meaning given in AS 46.03.826 ;

(49) "hazardous waste" means waste within the scope of 18 AAC 62.020;

(50) "hazard quotient" means the ratio of the exposure point value to the reference dose for the hazardous substance;

(51) "impermeable" means using a layer of material that is of sufficient thickness, density, and composition to produce a maximum permeability for the substance being contained of 1 x 10 -7 centimeters per second at the maximum anticipated hydrostatic pressure, and that is sufficient to contain a discharge or release until it is detected and cleaned up;

(52) "inside waters of Southeast Alaska" includes all those marine waters lying inside the boundary line established in 42 Federal Register 35791 (July 11, 1977);

(53) "in-situ" means as applied to soil or groundwater in its original place, unmoved, unexcavated, or remaining in the subsurface;

(54) "institutional control" means a measure taken to limit, prohibit, or protect against an activity that could

(A) interfere with the integrity of contaminated site cleanup activities or improvements designed to encapsulate or control residual contamination; or

(B) result in human or environmental exposure to a hazardous substance;

(55) "landfarming" means spreading contaminated soil in a thin layer on the surface of the ground so that biological activity can be enhanced by the addition of nutrients, mechanical aeration, the addition of water, adjustment of pH, and similar activities;

(56) "landspreading" means spreading contaminated soil in a thin layer on the surface of the ground, relying mainly on aeration and unenhanced biological action to perform remediation;

(57) "lightering" means the pumping or transferring of oil from the cargo compartment of a vessel, barge, storage tank, or container to another vessel, barge, storage tank, or container;

(58) "liquefied petroleum gas" means natural gas converted to a liquid state by pressure and cooling, including butane, propane, and other light ends which at 70 degrees Fahrenheit and atmospheric pressure revert to the gaseous state;

(59) "local government" means any borough, city, town, village, or other political subdivision of the state, any Indian tribe or authorized tribal organization; a "local government" includes any rural community or unincorporated town or village;

(60) "local population" means a group of plants, animals, or other organisms of the same species that live together and breed within a given habitat;

(61) "major discharge" means a discharge of oil

(A) over 10,000 gallons on inland waters;

(B) over 100,000 gallons on coastal waters; or

(C) in any amount that results in a release that

(i) might require evacuation or sheltering of nearby residents or businesses; or

(ii) causes a serious environmental threat;

(62) "marine waters" means all saltwater environments, including saltwater wetlands, estuaries, and the intertidal zone;

(63) "mean annual precipitation" means the measurement of average yearly rainfall and the water equivalent of snowfall; this measurement may be obtained from the nearest weather station;

(64) "mechanical response method" means the use of containment booms, skimmers, and other apparatus and equipment required for mechanical containment and removal of a discharge or release;

(65) "method detection limit" means the minimum concentration of an analyte that can be measured and reported with 99 percent confidence that the concentration is greater than zero, determined from an analysis of a sample in a given matrix containing the analyte;

(66) "mineral oil" means a highly-refined petroleum distillate used as an insulating and cooling media for electrical transformers and other electrical equipment;

(67) "mobility" means freedom of particles to move in random motion or under the influence of fields or forces;

(68) "new installation" means storage and surge tanks, secondary containment, piping and any other operational appurtenances constructed, installed, or placed into service after May 14, 1992, including reconstructed storage and surge tanks, as defined in API Standard 653, First Edition, 1991, and Supplement 1, January 1992;

(69) "noncarcinogen" means a hazardous substance with adverse health effects on humans other than cancer;

(70) "noncarcinogenic" means of or relating to a noncarcinogen;

(71) "noncrude oil" means a petroleum product derived from crude oil;

(72) "oil" has the meaning given in AS 46.04.900 ;

(73) "oil barge" has the meaning given in AS 46.04.900 ;

(74) "oil spill primary response action contractor," for purposes of 18 AAC 75.425 and 18 AAC 75.445, has the meaning given in 18 AAC 75.500(a) .

(75) "oil storage tank," for the purposes of 18 AAC 75.065 and 18 AAC 75.075, means a container, including storage and surge tank, that is used to store bulk quantities of oil and that has a capacity greater than 10,000 gallons; "oil storage tank" does not include a process pressure vessel or underground storage tank;

(76) "oil terminal facility" has the meaning given in AS 46.04.900 and includes vessels classified as oil terminal facilities under 18 AAC 75.280;

(77) "oily waste" means any material, including water, that has been contaminated by or mixed with petroleum in other than naturally occurring circumstances;

(78) "open burning" means the burning of any material so that the products of combustion are emitted directly into the ambient air without passing through a stack or flare;

(79) "open water" means marine waters below mean low low water and freshwaters of the state, excluding wetlands and the wetland or shoreline perimeter of lakes, rivers, and streams;

(80) "operator" has the meaning given in AS 46.04.900 ;

(81) "owner or operator" means the owner or operator of a facility or operation that is subject to the requirements of AS 46.04.030 , 46.04.040, or this chapter;

(82) "permafrost" means soil or other earth material with a temperature that remains below 32 degrees Fahrenheit for two or more years;

(83) "persistence" means the length of time that a compound, once introduced into the environment, remains in the environment in a similar function or structure;

(84) "persistent product" has the meaning given in AS 46.04.900 ;

(85) "person" has the meaning given in AS 46.04.900 ;

(86) "person in charge," in addition to the person causing or permitting a discharge, includes

(A) for a vessel, the master;

(B) for a vehicle, the operator; and

(C) the owner or person exercising a possessory interest in the facility or operation at the time of the discharge or release, unless the possessory interest is being exercised solely for the purpose of providing a place of residence for the person;

(87) "physical barrier" means a concrete or asphalt surface that

(A) is impermeable to water;

(B) is designed, constructed, and placed in accordance with industry standards; and

(C) provides enough support thickness, layering, and life to prevent compromising the structural integrity of the material;

(88) "pipeline" has the meaning given in AS 46.04.900 ;

(89) "plan" means an oil discharge prevention and contingency plan approved under this chapter; this paragraph does not apply to 18 AAC 75.300 - 18 AAC 75.396;

(90) "plan holder" means an applicant who has received department approval for an oil discharge prevention and contingency plan or nontank vessel plan and who is responsible for compliance with the plan as approved;

(91) "plume" means a visible or measurable discharge or release of a hazardous substance from a given point of origin;

(92) "ppm" means parts per million;

(93) "practicable" means capable of being designed, constructed, and implemented in a reliable and cost-effective manner, taking into consideration existing technology, site location, and logistics in light of overall project purposes; "practicable" does not include an alternative if the incremental cost of the alternative is substantial and disproportionate to the incremental degree of protection provided by the alternative as compared to another lower cost alternative;

(94) "practical quantitation limit" means the lowest concentration that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness, and comparability when testing field samples under routine laboratory operating conditions using approved methods;

(95) "Prince William Sound" includes all marine waters lying inside the boundary line established in 42 Federal Register 35791 (July 11, 1977);

(96) "Prince William Sound towing package" means a towing gear assembly that consists of

(A) 400 feet of 2- 1 / 4 inch tow reaching wire;

(B) 720 feet of six-inch polypropylene floating pickup line;

(C) one floating pickup buoy; and

(D) a "D" shackle, 2- 1 /4 inches in diameter, with a 4- 1 / 8 inch jaw opening, and a breaking strain of 55 tons, to connect the floating line to the tow reaching wire;

(97) "private drinking water system" has the meaning given "private water system" in 18 AAC 80.1990;

(98) "production facility" has the meaning given in AS 46.04.900 ;

(99) "public drinking water system" has the meaning given "public water system" in 18 AAC 80.1990;

(100) "qualified person" means a person who actively practices environmental science or engineering, geology, physical science, hydrology, or a related field and who has the following minimum education and experience:

(A) a bachelor's degree or equivalent from a nationally or internationally accredited postsecondary institution in environmental science or engineering, geology, hydrology, physical science, or a related field; for purposes of this subparagraph, "equivalent" means at least 128 semester hours, 168 trimester hours, or 192 quarter hours at an accredited postsecondary institution, with at least 18 percent of those hours in a science major and at least 13 percent of those hours in upper division-level courses; and

(B) at least one year of professional experience in environmental science or engineering, geology, physical science, hydrology, or a related field, obtained after the degree in (A) of this paragraph was obtained;

(101) "realistic maximum response operating limitation" means the upper limit of a combination of environmental factors that might occur at a facility or operation beyond which an operator would be unable to mount a mechanical response to a discharge event;

(102) "reference dose" means the concentration of a hazardous substance via daily exposure through a specified exposure route for the human population, including sensitive subpopulations, that is likely to be without an appreciable risk of deleterious noncarcinogenic effects over the period of exposure;

(103) "registered engineer" means a professional engineer who is registered under AS 08.48.171 - AS 08.48.265 ;

(104) "release" has the meaning given in AS 46.03.826 ;

(105) "residential land use" means the use of property for dwellings such as single-family homes, multi-family apartments, children's homes, and nursing homes; because of the similarity of exposure potential and the sensitive nature of the potentially exposed population, "residential land use" includes uses of property for day care facilities, educational facilities, hospitals, playgrounds, and similar facilities; "residential land use" includes property restricted to residental use by a legally enforceable zoning ordinance or specific deed restriction; vacant land that is not zoned or deed-restricted for commercial or industrial land use will be considered residential unless demonstrated otherwise;

(106) "resource agencies" means the Department of Environmental Conservation, the Department of Natural Resources, and the Department of Fish and Game;

(107) "response planning standard" means a planning standard against which the department evaluates the adequacy of an oil discharge prevention and contingency plan or nontank vessel plan as described in 18 AAC 75.400 - 18 AAC 75.496; "response planning standard" does not mean a cleanup level that a plan holder is required to achieve under 18 AAC 75.300 - 18 AAC 75.396;

(108) "responsible person" means a person who is required under AS 46.04.020 or AS 46.09.020 to contain or perform a cleanup of a discharge or release of a hazardous substance;

(109) "risk assessment" has the meaning given in AS 46.03.450 ;

(110) "saltwater wetlands" means coastal areas along sheltered shorelines characterized by halophytic hydrophytes and macroalgae extending from extreme low tide to an area above extreme high tide that is influenced by sea spray or tidally induced water table changes;

(111) "saturated zone" means the zone below the water table where, permanently or seasonally, all interstices are filled with water;

(112) "sensitive gauging system" means the best demonstrated available gauging technology at the time of tank construction or substantial reconstruction, or initial gauging system installation;

(113) "sensitive receiving environment," for the purposes of 18 AAC 75.075(d) , means fresh or marine waters supporting anadromous fish or used for drinking or food processing, waters susceptible to eutrophication, a stream with low or intermittent flow, tundra, or lands which permit exposure of wastewater to the public;

(114) "significant change" means

(A) a change in operational readiness or removal from designated storage of significant equipment or materials;

(B) a management or ownership change resulting in new chain-of-command or lead response personnel;

(C) a change in response contractors;

(D) a change in spill control or cleanup strategies; or

(E) any factor that significantly alters or reduces the ability of the plan holder to respond according to the provisions of the approved contingency plan or nontank vessel plan;

(115) "site" means an area that is contaminated, including areas contaminated by the migration of hazardous substances from a source area, regardless of property ownership;

(116) "site cleanup rules" means the provisions of 18 AAC 75.325 - 18 AAC 75.390;

(117) "soil" means an unconsolidated geologic material, including clay, loam, loess, silt, sand, gravel, tills, or a combination of these materials;

(118) "sole source aquifer" means an aquifer that is needed to supply 50 percent or more of the drinking water for that area for which there are no reasonably available alternative sources if the aquifer become contaminated;

(119) "solidification" means the mixing of an additive into contaminated soil to immobilize hazardous substances in the soil;

(120) "state waters" means waters of the state;

(121) "storage capacity" means,

(A) for a tank vessel or oil barge, either

(i) the maximum amount of oil that the vessel can legally carry as cargo while in state waters;

(ii) the amount certified by the American Bureau of Shipping, by United States Coast Guard under a Certificate of Inspection, or by an equivalent society or agency in a foreign country; or

(iii) a lesser amount than the amount under (i) or (ii) of this subparagraph, upon proof and verification to the department's satisfaction;

(B) for an oil storage tank, the full physical volume of the tank;

(C) for a facility, the total of the storage capacity of the facility itself and the storage capacity of pipes at that facility;

(D) for a nontank vessel, the full physical volume of all fuel tanks, lube oil tanks, hydraulic oil tanks, day tanks, slop/sludge tanks, waste oil tanks, and bilge tanks on the vessel; and

(E) for a train, the total physical volume of all railroad tank cars in the train;

(122) "storativity" means the volume of water that a permeable aquifer unit will absorb or expel from storage per unit surface area per unit change in head;

(123) "subsurface soil" means soil that is more than two feet below the surface;

(124) "sufficiently impermeable" means, for a secondary containment system, that its design and construction has the impermeability necessary to protect groundwater from contamination and to contain a discharge or release until it can be detected and cleaned up; for design purposes for a new installation, "sufficiently impermeable" means using a layer of natural or manufactured material of sufficient thickness, density, and composition to produce a maximum permeability for the substance being contained of 1 x 10 -6 cm per second at a maximum anticipated hydrostatic pressure, unless the department determines that an alternate design standard protects groundwater from contamination and contains a discharge or release until detection and cleanup;

(125) "supervise" means to

(A) take direct responsibility for preparing reports or making interpretations regarding field data;

(B) exercise onsite control over all work that requires assessment, investigation, characterization, reporting, or interpretation, including

(i) selection of the number, location, or depth of sample points in soil, groundwater, surface water, or stockpiles;

(ii) location, placement, or supervision of construction or completion of monitoring or remediation wells;

(iii) description of site characteristics, soil characteristics, or geological characteristics in field notes that will be used in the report submitted by a responsible person;

(iv) duties required to be performed under the site cleanup rules other than those strictly limited to the physical act of sample collection and transport; and

(v) collection of final verification samples; and

(C) exercise onsite or offsite control over routine tasks associated with the physical act of sample collection and transportation;

(126) "surety" includes a surety bond;

(127) "surface soil" means soil that extends no more than two feet below the surface;

(128) "surface water" means waters of the state naturally open to the atmosphere, including rivers, lakes, reservoirs, streams, impoundments, and seas;

(129) "tank vessel" has the meaning given in AS 46.04.900 ;

(130) "technology" means equipment, supplies, other resources, and related practices;

(131) "total xylene isomers" means the sum of ortho-xylene, meta-xylene, and para-xylene concentrations;

(132) "toxicity index" means the number equal to the sum of the toxicity quotient numbers attributable to systemic toxic effects with similar critical endpoints for similarly responding species;

(133) "toxicity quotient" means the ratio of the exposure point value to the ecological benchmark value;

(134) "transmission pipeline" means a pipeline through which crude oil moves in transportation, including line pipe, valves, and other appurtenances connected to line pipe, pumping units, and fabricated assemblies associated with pumping units; "transmission pipeline" does not include gathering lines, flow lines, or facility piping;

(135) "transmissivity" means the rate at which water is transmitted through a unit width of an aquifer or confining bed under a hydraulic gradient of one;

(136) "ultimate disposal" means disposal into or upon the waters or the surface or subsurface land of the state;

(137) "vessel" has the meaning given in AS 46.04.900 ;

(138) "volatile organic" means an organic (carbon-containing) compound that evaporates or volatilizes readily at room temperature; in addition, for the purposes of 18 AAC 75.340 and 18 AAC 75.341, volatile organics are compounds that have a Henry's Law constant, unitless, greater than 0.0001, that are liquids at soil temperatures, and that have a molecular weight of less than 200;

(139) "waters of the state" has the meaning given in AS 46.04.900 ; and

(140) "wellhead protection area" means a three dimensional land surface and subsurface zone surrounding a water supply well or wellfield that encompasses the volume of materials through which water will move to the well;

(141) "nonpersistent product" has the meaning given in AS 46.04.900 ;

(142) "nontank vessel" has the meaning given in AS 46.04.900 ; as used in the definition of "nontank vessel" in AS 46.04.900 , "gross registered tons" means "applicable gross tons" or "gross tonnage" as determined by the United States Coast Guard under 33 C.F.R. 138.30;

(143) "P&I club" means a protection and indemnity association;

(144) "railroad tank car" has the meaning given in AS 46.04.900 ;

(145) "train" has the meaning given in AS 46.04.900 ;

(146) "working day" means a day other than Saturday, Sunday, or a state holiday;

(147) "affected coastal resource district" has the meaning given in AS 46.40.096 (g)(1);

(148) "equivalent plan" means a nontank vessel plan submitted under 18 AAC 75.410(a) and meeting the requirements of 18 AAC 75.427 and 18 AAC 75.460;

(149) "incident command system" means the incident management organization described in the National Interagency Incident Management System Incident Command System;

(150) "incident management team services" means those services described in the National Interagency Incident Management System Incident Command System;

(151) "National Interagency Incident Management System Incident Command System" means the command system followed by the National Interagency Incident Management System, as modified for oil spills, and set out in the

(A) United States Department of Transportation, United States Coast Guard's Incident Management Handbook, COMDTPUB P3120.17, as revised as of April 11, 2001 and adopted by reference; and

(B) Alaska Incident Management System Guide for Oil and Hazardous Substance Response, as revised as of January 2000 and adopted by reference;

(152) "nontank vessel cleanup contractor" means an oil spill primary response action contractor who is, or intends to be, obligated under contract or membership agreement to provide resources or equipment to contain, control, and perform cleanup of an oil discharge under an approved nontank vessel plan issued under AS 46.04.055 ;

(153) "nontank vessel incident management team" means an oil spill primary response action contractor who is, or intends to be, obligated under contract to provide incident management services under an approved nontank vessel plan issued under AS 46.04.055 ;

(154) "nontank vessel plan" means an oil discharge prevention and contingency plan covering a nontank vessel;

(155) "qualified individual"

(A) means an individual with the qualifications, duties, and authority of a qualified individual under 33 C.F.R. 155.1026; the provisions of 33 C.F.R. 155.1026, as revised as of July 1, 2001, are adopted by reference; and

(B) does not mean a "qualified person" as defined in this section;

(156) "region of operation" means, with respect to

(A) an oil discharge prevention and contingency plan other than a nontank vessel plan, a region established under 18 AAC 75.495; and

(B) a nontank vessel plan, a region established under 18 AAC 75.496;

(157) "regional citizens' advisory council" means an entity established under 33 U.S.C. 2732(d);

(158) "response planning facilitator" means an oil spill primary response action contractor who provides services as described in 18 AAC 75.428 to the holder of an approved nontank vessel plan issued under AS 46.04.055 ;

(159) "streamlined plan" means a nontank vessel plan submitted under 18 AAC 75.410(d) and meeting the requirements of 18 AAC 75.426 and 18 AAC 75.456, as applicable;

(160) "voyage charter vessel" means a vessel contracted to lift a specific cargo on a one-time, periodic, non-scheduled, or tramp basis;

(161) "railroad" means a non-highway ground transportation system that runs on rails and transports railroad tank cars; "railroad" includes trains, locomotives, railroad tank cars, rolling stock, railroad tracks, and associated facilities and operations;

(162) "annual average daily oil production volume" means the average oil production volume from a common reservoir to a common production facility based on the highest annual volume produced by a well at the facility during the previous calendar year divided by the number of days in the year, expressed as barrels per day;

(163) "blowout contingency plan" means a written, site-specific description of the procedures, methods, equipment, personnel, logistics, and activities that will be employed to regain control of an uncontrolled flow of oil, gas, drilling mud, and other substances from an exploration or production well;

(164) "subarea contingency plan" means a regional master oil and hazardous substance discharge prevention and contingency plan approved under AS 46.04.210 .

History: Eff. 5/14/92, Register 122; am 9/25/93, Register 127; am 4/4/97, Register 142; am 4/11/97, Register 142; am 1/22/99, Register 149; am 8/27/2000, Register 155; am 10/28/2000, Register 156; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 1/30/2003, Register 165; am 8/8/2003, Register 167; am 5/26/2004, Register 170

Authority: AS 46.03.020

AS 46.03.050

AS 46.03.710

AS 46.03.740

AS 46.03.745

AS 46.03.755

AS 46.03.822

AS 46.04.020

AS 46.04.030

AS 46.04.035

AS 46.04.055

AS 46.04.070

AS 46.08.140

AS 46.09.010

AS 46.09.020