The Alaska Department of Environmental Conservation (DEC) Division of Spill Prevention and Response is considering updating and revising its regulations regarding petroleum cleanup levels.  Changes are being considered but may not be limited to the following sections:

18 AAC 75.340 Soil cleanup levels; general requirements.
18 AAC 75.341 Soil cleanup levels; tables.
18 AAC 75.345 Groundwater and surface water cleanup levels.
18 AAC 78.007 UST Procedures Manual
18 AAC 78.995 Definitions

DEC is not currently proposing any changes to the regulations. 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.

In the attachment to this notice, the department provides a number of possible changes under consideration for petroleum cleanup levels.  There are three primary reasons the department is considering changes to these levels.  First, to address comments and input received over the years from the regulated community regarding better ways to investigate and clean up petroleum releases at spills, contaminated sites, and leaking underground storage tanks.  Second, the last update to the petroleum cleanup levels was 17 years ago. Additional and updated information has become available about toxicity, exposure routes, and physical characteristics of petroleum that allows the department to develop more scientifically defensible cleanup levels that are protective of human health and the environment.  Third, the department seeks to expand the alternatives available for establishing cleanup levels for petroleum at spills and sites to provide greater flexibility for the regulated community depending on site specific conditions.

The department welcomes interested parties to provide comments on the possible changes and options presented as well as provide recommendations on other options related to the approach to cleanup of petroleum contamination, or to raise other petroleum related issues.  

For a copy of this notice, support documents, or for existing regulations and statutes, go to http://dec.alaska.gov/spar/regulation_projects/index.htm  or contact Sally Schlichting at Alaska Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, Juneau, AK 99811, sally.schlichting@alaska.gov, or (907) 465-5076.

Written comments, suggestions, and other input must be received by DEC no later than 5 p.m. on January 15, 2017. Please send all submissions by mail or email to:

Sally Schlichting
Alaska Department of Environmental Conservation
Division of Spill Prevention and Response
410 Willoughby Avenue, Suite 303
P.O. Box 111800
Juneau, Alaska 99811
sally.schlichting@alaska.gov
(907) 465-5076

AMENDMENT TO Public workshops schedule and Locations:: 

Juneau:  10 a.m. to Noon, Tuesday, Nov. 29, 2016
DEC Main Conference Room
410 Willoughby Avenue

Anchorage: 9 a.m. to 11 a.m., Tuesday, Dec. 6, 2016
BP Energy Center
900 E. Benson Boulevard

Fairbanks: 10 a.m. to Noon, Wednesday, Dec. 7, 2016
DNR Large Conference Room
3700 Airport Way

DEC will consider the submitted information if and when DEC proposes regulatory updates and revisions to 18 AAC 75 and 18 AAC 78.  Any proposed regulatory updates and revisions will subsequently be released for public review and comment under the Administrative Procedures Act AS 44.62.

DEC complies with Title II of the Americans with Disabilities Act of 1990. Individuals with disabilities who may need auxiliary aides, services or special modifications to participate in this scoping request may contact the above address, email, or TDD Relay Service 1-800-770-8973/TTY or dial 711.

Publish date: August 25, 2016