ADEC proposes to amend the regulations for proof of financial responsibility that must be provided to ADEC by persons who operate certain oil facilities and vessels. AS 46.04.045 requires the dollar amounts to be reviewed and adjusted every three years.  The increase for this adjustment is 4.5%.

ADEC proposes to adopt regulation changes at 18 AAC 75.235 and 18 AAC 75.270 to adjust the dollar amounts of proof of financial responsibility in accordance with changes to the Urban Alaska Consumer Price Index (CPI) for the second half of 2019.  The CPI was published in January 2020 and these increased dollar amounts correspond with the updated Urban Alaska CPI.

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, Alaska 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 April 6, 2020.

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 Clare Pavia, Alaska Department of Environmental Conservation, PO Box 111800, Juneau, AK 99811-1800. The written questions must be received by March 27, 2020, which is 10 days before the end of the public comment period. The Alaska 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. The Alaska 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 Kate Orozco at (907) 465-6171 or TDD Relay Service 1-800-770-8973/TTY or dial 711 no later than March 27, 2020 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 Alaska 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. Written comments received are public records and will be posted online.

Statutory authority: AS 46.03.020; AS 46.04.045; AS 46.04.070

Statutes being implemented, interpreted, or made specific: AS 46.04.040; AS 46.04.055;

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

Date:   March 4, 2020

/s/

Jason W. Brune, Commissioner