The Alaska Department of Environmental Conservation (DEC) Division of Spill Prevention and Response is considering amending regulations in 18 AAC 75 Articles 1 and 4 to create separate oil spill prevention and contingency plan (plan) requirements for noncrude tank vessels with a limited storage capacity. Specifically, DEC is considering scaling the planning requirements for tank vessels based on potential environmental risk associated with the storage capacity of the tank vessel and the products it carries. DEC is asking members of the public and industry who would be affected by this change to provide comments and preliminary input regarding content of the plan, cost increases/savings, and increases/decreases in the burden on tank vessel operators.
No specific regulation revisions are proposed at this time, and there are no draft regulations to review. At this time, the department is in the information gathering stage and seeks comments and recommendations on possible updates from the public through this scoping process, before the formal process of drafting any proposed changes begins.
Background
Historically, all tank vessels have been required to meet the same requirements. The regulations as written are designed to prevent and mitigate spills from all tank vessels and oil barges. The current requirements are fairly complex and for smaller operators such as privately owned tank vessels carrying small quantities of fuel to remote lodges, are costly to comply with while not necessarily providing any greater environmental protection. Nontank vessels are subject to streamlined planning requirements, many of these vessels carry significantly more than 3,500 barrels of fuel and oil. In the past 10 years (2006-2016) there have been 2,970 reported vessel related spills and none of the spills have been associated with tank vessels with under 3,500 barrels of storage capacity with an approved plan.
The department is asking interested parties for input on possible revisions to plan requirements for noncrude tank vessels. Specifically the department would like input on the following questions.
- Should there be scaled prevention and plan requirements for noncrude tank vessels based on a specific storage capacity limit?
- What storage capacity limit should be used for scaled requirements?
- What elements of the current requirements should be scaled?
For a copy of this notice, or for existing regulations and statutes, go to http://dec.alaska.gov/spar/regulation_projects/ppr18AAC75NtvCplan.htm or contact Brian Doyle at Alaska Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, Juneau, AK 99811, dec.cpr@alaska.gov or (907) 465-5346
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Written comments, suggestions, questions, and other input must be received by the department no later than 5:00 pm on July 14, 2017. Please send all submissions by mail or email to:
Brian Doyle
Alaska Department of Environmental Conservation
Division of Spill Prevention and Response
PO Box 111800
Juneau, AK 99811-1800
dec.cpr@alaska.gov
At this time, there are no public workshops scheduled. Based on public interest, we may schedule public workshops during this comment period. If necessary, we will provide a supplemental notice on the State of Alaska Online Public Notices webpage.
DEC will consider all submissions if and when it drafts proposed regulation revisions. Any proposed regulatory revisions will subsequently be released for public review and comment under AS 44.62, the Administrative Procedures Act.
The department complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Natalie Wolfe at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY or dial 711.