Section 18 AAC 75.408 - General procedures to apply for oil discharge and contingency plans(a) An application package for approval of an oil discharge prevention and contingency plan must contain (1) an application form supplied by the department containing (A) the applicant's legal name, address, and telephone number;(B) the name, location, and type of facility or operation covered by the plan;(C) for a vessel, the vessel's name, official number, and country of registry, the name and address of the owner, and the name and address of the operator;(D) for a railroad tank car, the name of the railroad covered by the plan;(E) the scheduled date for the operations covered by the plan to begin; and (F) additional information on the application form that is applicable to the facility or operation;(2) a copy of the plan or amendment to the plan as applicable; and(3) supporting documentation as requested by the department.(b) The application form must be signed as follows: (1) for a corporation, by a principal executive officer of at least the level of vice president or that officer's authorized representative, if the representative is responsible for the overall management of the project or operation;(2) for a partnership, by a general partner; (3) for a sole proprietorship, by the proprietor;(4) for a municipal, state, federal, or other public facility, by either a principal executive officer, ranking elected official, or other authorized employee; (5) for a joint venture, by the operator;(6) for a limited liability company, by a member;(7) by an agent who has been delegated that authority in writing to the department by the responsible party under (1) - (6) of this subsection.(c) An initial application package, a response to a request for additional information, and the final version of a plan or amendment must comply with the following: (1) the format must be electronic; upon request, one paper copy of the initial application package and a response to a request for additional information must be provided to the department; one paper copy of the final approved plan must be submitted to the department; the following additional format requirements apply: (A) for paper copies of the plan, for an amendment or a renewal application package, the plan holder may submit only the changed pages if the pages are clearly marked and can easily be incorporated into the original plan document; otherwise the full plan must be provided;(B) the department will specify the electronic format to be used; the submittal must be electronically searchable; and(C) a person that is not able to access the documents from the department's Internet website may submit a request to the department for an alternate electronic format to be provided; if approved, the department will notify the plan applicant to provide the documents to the requester in an alternate electronic format; and(2) all proposed additions, revisions, and deletions must be identified in the plan; the department may also request a summary of changes in a table format.(d) The department will notify interested persons about a new plan, a plan renewal, a major amendment, a minor amendment, and a routine update by electronic mail to a listsery facilitated by the department; the following additional distribution requirements apply: (1) for new plans, plan renewals, and major amendments,(A) upon determining the application package is sufficient for review under 18 AAC 75.455(a), the department will post it on the department's Internet website and notify interested persons of the availability of the package; and(B) the department will post a copy of the final version of the approved plan on the department's Internet website and will notify interested persons of the availability of the final approved plan;(2) when a proposed minor amendment is provided to the department and the department has determined it will not be reviewed as a major amendment under 18 AAC 75.455, the department will notify interested persons; the department will provide an electronic copy upon request; and(3) for minor amendments and routine updates, the department will post a copy of the application package and final approved plan on the department's Internet website, and will notify interested persons of the availability of the package and final approved plan.Eff. 4/16/2016, Register 218, July 2016; am 3/23/2017, Register 221, April 2017; am 10/27/2018, Register 228; am 2/5/2023, Register 245, April 2023The application form referenced in 18 AAC 75.408 is available on the department's website search page: https://dec.alaska.gov/spar/ppr/regulations-guidance/forms-applications/. The application package may be submitted to the department inbox at dec.odpcp.submissions@alaska.gov. Persons that would like to receive notifications may sign up for the department's contingency plan public review listsery on the department's website: https://dec.alaska.gov/spar/ppr.
Authority:AS 46.03.020
AS 46.04.030
AS 46.04.055
AS 46.04.070