The Alaska Department of Environmental Conservation proposes to change regulations dealing with Oil and other Hazardous Substances Pollution Control and Underground Storage Tanks and repeal the regulations addressing nontank vessel equivalent plans.

 The Alaska Department of Environmental Conservation proposes to adopt regulation changes in Titles 75 and 78 of the Alaska Administrative Code, dealing with oil pollution prevention, financial responsibility, nontank vessel equivalent plans, and underground storage tanks, including the following:

1. Amend 18 AAC 75.047 to update citations regarding inspections and maintenance.

2. Amend 18 AAC 75.065 to clarify the requirement for field-constructed aboveground oil storage tanks.

3. Amend 18 AAC 75.080(b) and (o) to clarify a requirement for a corrosion control program and to specify a compliance date for piping removed from service, respectively.

4. Amend 18 AAC 75.205(a) to update who can submit an application.

5. Amend 18 AAC 75.205(c) to update who can sign an application.

6. Amend 18 AAC 75.236(c) to clarify the language regarding oil production quantities.

7. Repeal all references in 18 AAC Chapter 75 to “nontank vessel equivalent plan” to eliminate this option for nontank vessel plans.

8. Amend 18 AAC 75.408(c) to clarify submittal requirements for minor amendments.

9. Amend 18 AAC 75.425(e)(3) to update a citation regarding vessel loading manuals.

10. Amend 18 AAC 75.425(e)(4) to clarify requirements for the evaluation of best available technology.

11. Add a new section at 18 AAC 78.915 to address cost recovery for underground storage tank spills

12. Amend 18 AAC 75.990 to update or repeal selected definitions.

    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, PO 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 October 23, 2016.

    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 Clare Pavia, Department of Environmental Conservation, PO Box 111800, Juneau, AK 99811-1800. The written questions must be received by October 13, 2016 which is 10 days before the end of the public comment period. 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/index.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 Service 1-800-770-8973/TTY or dial 711 no later than October 11, 2016 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 46.04.070 and AS 46.03.365.

    Statutes Being Implemented, Interpreted, or Made Specific: AS 46.03.020, AS 46.04.030, AS 46.04.040, AS 46.04.055, and AS 46.03.365.

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

    DATE: September 19, 2016                                                                        /s/                                  

                                                                                            Larry Hartig, Commissioner