ADEC proposes changes to selected sections of the regulations within Title 18 Chapter 75 to clarify the oil spill prevention and contingency planning and financial responsibility requirements.

ADEC proposes to adopt regulation changes in Title 18 Chapter 75 of the Alaska Administrative Code, dealing with Oil and Other Hazardous Substances Pollution Control.  The updates provide editorial update, correction, and specificity to existing regulations, including the following: 

1. Amend 18 AAC 75.025 to clarify regulatory applicability to exploration and production facilities.
2. Amend 18 AAC 75.066 to clarify the spill containment system requirement for fill connections on shop-fabricated tanks and clarify prevention measure required for certain shop fabricated tanks. 
3. Amend 18 AAC 75.080 to clarify corrosion protection requirements for piping.
4. Amend 18 AAC 75.205 to limit when a nontank vessel application can be submitted.
5. Amend 18 AAC 75 Article 4 throughout to remove the implementation deadline of October 16, 2016.
6. Amend 18 AAC 75.415 to insert a reference that had been inadvertently removed.
7. Amend 18 AAC 75.425 to clarify information required for oil storage tank plans, specify the loading or transfer information required to be included in the aboveground oil storage tank, correct a citation for the corrosion control system requirements of field-constructed aboveground oil storage tanks, and correct the term used for the buried metallic piping requirement.
8. Amend 18 AAC 75.438(c) and 75.440(b) to clarify information required on the volume of the cargo.
9. Amend 18 AAC 75.455(c)(3) to clarify the plan review process. 

This is a SUPPLEMENTAL NOTICE to the notice of proposed changes issued February 23, 2018 concerning the proposed regulation revision contained in the Department of Law file number JU2017200848. This SUPPLEMENTAL NOTICE is being issued to extend the public comment period to provide additional time for comments. 

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 Clara Crosby, Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage AK 99503, 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 April 20, 2018.

You may submit written questions relevant to the proposed action to ADEC by sending in questions by electronic mail at dec.cpr@alaska.gov or by sending the questions to Clara Crosby, Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage AK 99503. The written questions must be received 10 days before the end of the public comment period. ADEC will aggregate its response to substantially similar questions and make the questions and response available at http://dec.alaska.gov/spar/regulation-projects. ADEC 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 April 10, 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 and by contacting Clara Crosby at the address or email above or by calling 907-269-5007.

After the public comment period ends, ADEC 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 46.04.070

Statutes being implemented, interpreted, or made specific: AS 46.04.030; AS 46.04.055

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

Date:   March 30, 2018

 Larry Hartig, Commissioner