The Spill Prevention and Response Division proposes to update the underground storage tank (UST) regulations by incorporating changes in federal UST regulations.

The Alaska Department of Environmental Conservation proposes to amend regulations in 18 AAC 78 dealing with prevention and response measures for underground storage tanks, including the following: 

1. Amend 18 AAC 78.005 to clarify the applicability requirements.

2. Repeal 18 AAC 78.008 related to operator training and replace it with new sections 18 AAC 78.355 - 18 AAC 78.385.

3. Repeal 18 AAC 78.010 related to minimum requirements for USTs already covered in other sections.

4. Add new section 18 AAC 78.012 to address requirements for partially excluded USTs.

5. Amend 18 AAC 78.015 to clarify registration requirements.

6. Repeal 18 AAC 78.017 related to operations inspections and replace it with new section 18 AAC 78.059.

7. Amend 18 AAC 78.018 to update delivery prohibition requirements.

8. Repeal 18 AAC 78.020 related to notifications for tanks taken out of service and move to 18 AAC 78.085.

9. Repeal 18 AAC 78.022 related to requirements for existing USTs and incorporate in           18 AAC 18.005, 18 AAC 78.025, and 18 AAC 78.030.

10. Amend 18 AAC 78.025 to clarify standards for new USTs.

11. Amend 18 AAC 78.030 to clarify standards for upgrading USTs.

12. Amend 18 AAC 78.035 to clarify notification requirements.

13. Amend 18 AAC 78.040 to clarify spill and overfill control standards.

14. Amend 18 AAC 78.045 to clarify corrosion protection standards.

15. Amend 18 AAC 78.050 to clarify compatibility standards for the product stored in USTs.

16. Amend 18 AAC 78.055 to clarify requirements for repairing USTs.

17. Add new section 18 AAC 78.056 to address reporting and recordkeeping and repeal 18 AAC 78.100.

18. Add new section 18 AAC 78.057 to address testing of spill prevention equipment.

19. Add new section 18 AAC 78.058 to address walkthrough inspections of UST facilities.

20. Amend 18 AAC 78.060, 18 AAC 78.065, and 18 AAC 78.070 to clarify release detection standards.

21. Add new section 18 AAC 78.072 to address recordkeeping for release detection.

22. Amend 18 AAC 78.080 to clarify temporary closure requirements.

23. Amend 18 AAC 78.085 to clarify permanent closure and change-in-service requirements.

24. Add new section 18 AAC 78.086 to address previously closed USTs and repeal 18 AAC 78.095.

25. Add new section 18 AAC 78.087 to address closure recordkeeping requirements.

26. Amend 18 AAC 78.200 to clarify requirements for investigating and reporting suspected releases.

27. Amend 18 AAC 78.210 to clarify requirements for release investigation and confirmation.

28. Add new section 18 AAC 78.212 to address reporting and cleanup of spills.

29. Amend 18 AAC 78.220 to clarify requirements for the initial response to spills.

30. Amend 18 AAC 78.230 to clarify requirements for initial abatement and site assessment.

31. Add new sections 18 AAC 78.700 and 18 AAC 78.705 to address USTs with field-constructed tanks and airport hydrant fuel distribution systems.

32. Amend 18 AAC 78.995 to update definitions and create new definitions.

33. Housekeeping edits throughout the chapter to reflect the above changes, revise and clarify wording, correct typographical errors, and correct and update referenced regulations and updated documents.

     

    You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Dennis Hartwick, Department of Environmental Conservation, 610 University Ave., Fairbanks, AK  99709, or by electronic mail at dec.cpr@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. The comments must be received no later than 5 p.m. on February 26, 2018.

    You may submit written questions relevant to the proposed action to DEC by sending in questions by electronic mail at dec.cpr@alaska.gov or by sending the questions to Dennis Hartwick, Department of Environmental Conservation, 610 University Ave., Fairbanks, AK  99709. The written questions must be received at least 10 days before the end of the public comment period which is on February 26, 2018. The Department of Environmental Conservation will aggregate its response to substantially similar questions and make the questions and response available at http://dec.alaska.gov/spar/regulation-projects.  The Department of Environmental Conservation may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

    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 no later than February 19, 2018 to ensure that any necessary accommodations can be provided.

    A copy of the proposed regulation changes is available on the Alaska Online Public Notice System at http://dec.alaska.gov/commish/public-notices and by contacting Dennis Hartwick at the address or email above or by calling 907-451-2171.

    After the public comment period ends, the Department of Environmental Conservation will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. You should comment during the time allowed if your interests could be affected. Written comments are public records and are subject to public inspection.

    Statutory Authority:  AS 46.03.020, AS 46.03.365

    Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.020, AS 46.03.365, AS 46.03.380, AS 46.03.390, AS 46.03.395, AS 46.03.405, AS 46.03.450

    Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

    DATE: January 22, 2018 /s/ Larry Hartig, Commissioner