BRIEF DESCRIPTION
The Alaska Department of Environmental Conservation proposes to change regulations on dealing with Oil and Other Hazardous Substances Pollution Control. The focus is to update the application and review procedures and public notice and plan review timelines for all regulated operations.
The Alaska Department of Environmental Conservation proposes to adopt regulation changes in Chapter 18, Title 75 Article 4 and 9, of the Alaska Administrative Code, dealing with Oil Discharge Prevention and Contingency Plans, Nontank Vessel Plans and General Provisions including the following:
(1) amend 18 AAC 75.400 to clarify the applicability requirements.
(2) amend 18 AAC 75.405 to clarify the pre-application and consultation requirements before a plan is submitted.
(3) amend 18 AAC 75.410 to clarify the application procedures.
(4) amend 18 AAC 75.415 to clarify the requirements for amending a plan.
(5) amend 18 AAC 75.420 to clarify the requirement for renewal of a plan.
(6) amend 18 AAC 75.428 to clarify response planning facilitator requirements.
(7) amend 18 AAC 75.455 to clarify the department procedures for reviewing plans.
(8) amend 18 AAC 75.456 to clarify the department’s review times.
(9) amend 18 AAC 75.457 to clarify the examination of new technologies.
(10) amend 18 AAC 75.460 to clarify plan review and approval requirements.
(11) amend 18 AAC 75.465 to clarify the requirements for proof of an approved plan.
(12) amend 18 AAC 75.990 to update definitions.
(13) add a new section at 18 AAC 75.414 to clarify changing the name of the owner or operator.
(14) add a new section at 18 AAC 75.421 to specifically address nontank vessel requirements.
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 Clare Pavia, Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800, 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 July 6, 2015.
A series of public workshops to facilitate an understanding of the regulation changes will be held at the following locations on the indicated dates:
| City | Location | Date/Time |
| Kenai | Cook Inlet Aquaculture Association, 40610 Kalifornsky Beach Road | June 17, 2015 4-6 p.m. |
| Anchorage | BP Energy Center, 900 E. Benson Blvd. | June 18, 2015 4-6 p.m. |
The following public workshops have been tentatively scheduled and will be held only if a request to hold a public workshop is received by DEC. You may request a public workshop by calling Clare Pavia at 907-465-5283 between 8:00 a.m. and 4:30 p.m., Monday through Friday or by e-mailing a request to dec.cpr@alaska.gov.
Juneau: June 9, 2015, from 1:00 p.m. to 2:00 p.m. at the Department of Environmental Conservation Building, 410 Willoughby Avenue, Juneau, AK second floor main conference room. The public workshop will be held only if a request to hold a public workshop is received by DEC by 5:00 p.m. on June 4, 2015. DEC will announce the cancellation of the public workshop by publishing a public notice, by 5:00 p.m. June 5, 2015 on this website: http://dec.alaska.gov/commish/public_notices.htm.
Fairbanks: June 16, 2015, from 1:00 p.m. to 2:00 p.m. at the Department of Environmental Conservation Building, 610 University Avenue first floor conference rooms B & C. The public workshop will be held only if a request to hold a public workshop is received by DEC by 5:00 p.m. on June 11, 2015. DEC will announce the cancellation of the public workshop by publishing a public notice, by 5:00 p.m. June 12, 2015 on this website: http://dec.alaska.gov/commish/public_notices.htm.
Teleconference: June 23, 2015, from 1:00 p.m. to 2:00 p.m. The teleconference will be held only if a request to hold a public workshop is received by DEC by 5:00 p.m. on June 18, 2015. DEC will announce the cancellation of the public workshop by publishing a public notice, by 5:00 p.m. June 19, 2015 on this website: http://dec.alaska.gov/commish/public_notices.htm.
Any discussions at the public workshops will NOT be considered as public comments for purposes of changing the proposed regulations.
You may submit written questions relevant to the proposed action to DEC by using the electronic question form at http://dec.alaska.gov/spar/ipp/regulation-project.htm or by electronic mail at dec.cpr@alaska.gov or by sending the questions to Clare Pavia, Department of EnvironmentalConservation, P.O. Box 111800, Juneau, AK 99811-1800. The written questions must be received at least 10 days before the end of the public comment period; July 6, 2015. 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/ipp/regulation-project.htm 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 Service1-800-770-8973/TTY or dial 711 no later than June 22, 2015 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 Clare Pavia at the address or email above or by calling 907-465-5283.
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.
Statutory Authority: AS 46.03.020; AS 46.04.055; and AS 46.04.070
Statutes Being Implemented, Interpreted, or Made Specific: AS 04.030, AS 46.04.035
AS 46.04.040; and AS 46.04.055
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATE: May 4, 2015
Larry Hartig, Commissioner
ADDITIONAL REGULATIONS NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Department of Environmental Conservation, Division of Spill Prevention and Response
2. General subject of regulation: Oil Discharge Prevention Contingency Plans and Nontank Vessel Plans
3. Citation of regulation (may be grouped): 18 AAC 75 Article 4 and 9
4. Department of Law file number, if any: JU2015200192
5. Reason for the proposed action:
( ) Compliance with federal law or action (identify):
( ) Compliance with new or changed state statute
( ) Compliance with Federal or state court decision (identify)
( ) Development of program standards
( X ) Other (identify): Update the application and review procedures and public notice and plan review timelines for all regulated operations including the incorporation of the use of current technologies for documents and communication.
6. Appropriation/Allocation: $0 allocation. Allocation code: 18546000/14506000
7. Estimated annual costs in the aggregate to comply with the proposed action to:
Private Persons: The department anticipates that moving to electronic document distribution will result in cost savings.
Other State Agencies: The department anticipates that moving to electronic document distribution will result in cost savings.
Municipalities: The department anticipates that moving to electronic document distribution will result in cost savings.
8. Cost of implementation to the stateagency and available funding (in thousands of dollars):
Initial Year Subsequent
FY15 Years
Operating Cost $ 0 $ 0
Capital Cost $ 0 $ 0
1002 Federal receipts $ 0 $ 0
1003 General fund match $ 0 $ 0
1004 General fund $ 0 $ 0
1005 General fund/
program $ 0 $ 0
1037 General fund/
mental health $ 0 $ 0
Other $ 0 $ 0
9. The name of the contact person for the regulations:
Name: Clare Pavia
Title: Financial Responsibility and Prevention Initiatives Unit Lead
Address: P.O. Box 111800, Juneau AK 99811-1800
Telephone: 907-465-5283
E-mail address: dec.cpr@alaska.gov
10. The origin of the proposed action:
__X___ Staff of state agency
_____ Federal government
_____ General public
_____ Petition for regulation change
_____ Other (identify)
11. Date:May 4, 2015 Prepared by: _____________________________
Name(printed): Clare Pavia
Title(printed): Financial Responsibility and Prevention Initiatives Lead
Telephone:(907) 465-5283