The Alaska Department of Environmental Conservation proposes to change regulations dealing with Oil and Other Hazardous Substances Pollution Control. The focus is to update the regulations with clear and specific cost recovery requirements for all spill response actions, including support documentation that form the basis for cost recovery.
The Alaska Department of Environmental Conservation proposes to adopt regulation changes in Chapter 18, Title 75 Article 9, of the Alaska Administrative Code, dealing with Cost Recovery under General Provisions. The changes proposed will amend 18 AAC 75 by adding a new section (.910) to include the following:
1. required documentation to support the department’s response actions and basis for cost recovery
2. specification of liable persons by reference to AS 46.04.020, AS 46.09.020, AS 46.03.822, or AS46.03.760 as those liable for response costs and lists costs that are to be included in response costs
3. clarification of the department’s hourly rate for Direct Staff Costs and Support costs
a. formula for computing hourly personnel rates by job class
b.defines Direct Staff Costs and Agency Indirect Costs
c. lists Direct Staff Costs exclusions
4. specification of code assignments unique to each incident or site
a. for tracking purposes
b.to generate itemized statement documenting costs incurred
c.to facilitate the department’s billing requirements
5. detail regarding interest on past due costs and methodology for interest calculation
6. guidance regarding disputed billing or invoices
7. information regarding ability to pay and undue financial hardship
8. section definitions of costs, incident, and site
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 Cost Recovery Section/Division of Spill Prevention and Response, Department of Environmental Conservation, PO Box 111800, Juneau, AK 99811-1800, or by electronic mail at dec.cr.regulations@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 5p.m. on November 15, 2015.
You may submit written questions relevant to the proposed action to DEC by electronic mail at dec.cr.regulations@alaska.gov, or by sending questions to Cost Recovery Section/Division of Spill Prevention and Response, Department of Environmental Conservation, PO Box 111800, Juneau, AK 99811-1800. The questions must be received at least 10 days before the end of the public comment period. The DECwill aggregate its response to substantially similar questions and make the questions and response available at:https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=178478
or at: http://dec.alaska.gov/spar/rfa/cost_recovery.htm
The department 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 November 2, 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
https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=178478 and by contacting the Cost Recovery Section at the address or email address above or by calling 907-465-5290.
A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System
https://aws.state.ak.us/OnlinePublicNotices/Notices/View.aspx?id=178478
and by contacting the Cost Recovery Section at the address or email address above or by calling 907-465-5290. For materials not feasible to post or subject to copyright: A copy of material proposed for adoption by reference may be viewed at the agency's office at PO Box 111800, Juneau, AK 99811-1800.
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 46.08.070; AS 46.04.010; AS 46.03.822; AS 46.03.760(d)
Statutes Being Implemented, Interpreted, or Made Specific: AS 46.04.020, AS 46.09.020, AS 46.03.822, and AS 46.03.760
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
Additional regulation notice information attached.