18 AAC 75.402 - Delayed implementation dates

(a) If a person applies for a new plan under 18 AAC 75.410, an amendment determined to be a major amendment under 18 AAC 75.415(a), or a plan renewal under 18 AAC 75.420, and that person submits an application before August 4, 2023, the department will review the application under 18 AAC 75.400 - 18 AAC 75.496, as those provisions read on February 4, 2023.

(b) An amendment application submitted before February 5, 2023 will be reviewed under 18 AAC 75.400 - 18 AAC 75.496, as those provisions read on February 4, 2023, if the application

(1) is determined to be a minor amendment under 18 AAC 75.415(a);

(2) is determined to be a routine update submitted under 18 AAC 75.415(b); or

(3) is for an amendment to allow the addition of a vessel to an approved oil discharge prevention and contingency plan under 18 AAC 75.415(c).

(c) A person submitting an application for a new plan, major amendment, or plan renewal under (a) of this section may request that the department instead review the application under the applicable provisions of 18 AAC 75.400 - 18 AAC 75.496 in effect on February 5, 2023.

(d) For a plan approved by the department before February 5, 2023 or for a plan submitted and approved under (a) of this section, before the expiration date listed on the plan approval letter,

(1) the plan holder must comply with 18 AAC 75.400(a)(2), if applicable and 18 AAC 75.400(j) not later than February 5, 2023; and

(2) the plan holder is not required to submit amendments to bring the plan into compliance with the requirements

(A) under 18 AAC 75.449(a)(6)(L);

(B) under 18 AAC 75.449(a)(6)(M) for procedures and methods for wildlife protection, recovery, disposal, rehabilitation, and release of wildlife to, as applicable, demonstrate best practices and recommendations in the Alaska Regional Response Team Wildlife Protection Guidelines for Oil Spill Response in Alaska, Version 2020.1, August 31, 2020; if approved by the department, the response strategies may use alternative procedures and methods that adequately protect wildlife;

(C) under 18 AAC 75.449(a)(8)(D);

(D) under 18 AAC 75.449(a)(9)(B);

(E) under 18 AAC 75.449(a)(10) to locate the information on general procedures to be followed in responding to the greatest possible discharge immediately following the response planning standard scenario;

(F) under 18 AAC 75.451(b)(7);

(G) under 18 AAC 75.451(b)(8);

(H) under 18 AAC 75.451(h)(3);

(I) under 18 AAC 75.451(h)(4)(A) to determine the necessary temporary storage capacity using the following formula: a system with a manufacturer's rated throughput capacity (T) with a planned operating period (U) requires temporary storage of T x U barrels per day to account for total liquids recovered; and

(J) under 18 AAC 75.453(3) to locate the required information in part five of the plan.

Notes

18 AAC 75.402

Eff. 2/5/2023, Register 245, April 2023

Authority:AS 46.03.020

AS 46.04.030

AS 46.04.050

AS 46.04.070