Section 18 AAC 75.452 - Part 4 - oil discharge prevention and contingency plan; best available technology review(a) Unless application of a state requirement would be preempted by federal law, the plan must provide for the use of best available technology consistent with the applicable criteria in (c) of this section. Technologies that are not subject to the response planning standards or the referenced performance standards in (c)(1) and (2) of this section must be identified in the plan and evaluated using the criteria specified under (c)(3) of this section; these technologies include (1) at a minimum, for all plans, (A) communications described under 18 AAC 75.449(a)(4);(B) source control procedures to stop the discharge at its source and prevent its further spread described under 18 AAC 75.449(a)(6)(G);(C) trajectory analyses and forecasts described under 18 AAC 75.449(a)(6)(E); and(D) wildlife capture, treatment, and release procedures and methods described under 18 AAC 75.449(a)(6)(M);(2) for an oil terminal, a crude oil transmission pipeline, or an exploration or production facility plan, (A) a leak detection system for each tank if required by 18 AAC 75.065(0(4) or (j)(4);(B) another leak detection or spill prevention or control system approved by the department under 18 AAC 75.065(h)(1)(D);(C) a means of immediately determining the liquid level of bulk storage tanks as specified in 18 AAC 75.065(k)(3) and (4) or in 18 AAC 75.066(g)(1)(C) and (D); and(D) protective coating if required by 18 AAC 75.080(l) or (m)(1) or (2);(3) for a tank vessel plan, (A) measures to assure prompt detection of an oil discharge as required by 18 AAC 75.027(d);(B) operation of a tank vessel under escort in a manner that permits an escort vessel to be available immediately to provide the intended assistance to the tank vessel as required by 18 AAC 75.027(e); and(4) for a crude oil transmission pipeline plan, leak detection, monitoring, and operating requirements for crude oil pipelines that do not have the continuous capability to detect a daily discharge equal to not more than one percent of daily throughput as required by 18 AAC 75.055;(5) for a barge plan, (A) measures to assure prompt detection of an oil discharge as required by 18 AAC 75.037(d); and(B) means to recover a barge that breaks free of its towing vessel as required by 18 AAC 75.037(f);(6) for a railroad tank car plan, (A) measures to assure prompt detection of a tank car leak as required by 18 AAC 75.450(b)(5);(B) spill prevention and containment devices for locomotive fueling systems, and spill collection and recovery devices at locomotive fueling and tank car filling stations as required by 18 AAC 75.075(g);(C) avalanche detection and mitigation systems as required by 18 AAC 75.085(4); and(D) track-mounted railroad tank car defect detector systems as required by 18 AAC 75.085(5).(b) For each applicable technology under (a)(1) - (6) of this section, the plan must identify all available technologies and include a written analysis of each technology, using the applicable criteria in (c)(3) of this section, and must include a written justification that the technology proposed to be used is the best available for the applicant's operation.(c) For purposes of (a) of this section, the department will review a plan and make a best available technology determination as follows: (1) technology used for oil discharge containment, storage, transfer, and cleanup to satisfy a response planning standard in 18 AAC 75.430 - 18 AAC 75.442 will be considered best available technology if the technology of the applicant's oil discharge response system as a whole is appropriate and reliable for the intended use as well as the magnitude of the applicable response planning standard;(2) technology that complies with the performance standards of 18 AAC 75.005 - 18 AAC 75.085 and that is not subject to a best available technology review under (a) of this section will be considered best available technology;(3) technology identified under (a)(1) - (6) of this section will be evaluated using the following criteria, if applicable: (A) whether each technology is the best in use in other similar situations and is available for use by the applicant;(B) whether there is a reasonable expectation that each technology will provide increased spill prevention or other environmental benefits;(C) the cost to the applicant of achieving best available technology, including consideration of that cost relative to the remaining years of service of the technology in use by the applicant;(D) the age and condition of the technology in use by the applicant;(E) the practical feasibility of each technology in terms of engineering and other operational aspects; and(F) whether other environmental impacts of each technology, including air, land, water pollution, and energy requirements, offset anticipated environmental benefits.(d) If the department determines that a technology evaluated under (c) of this section is not the best available technology, the department will provide the applicant a written finding explaining its decision.Eff. 2/5/2023, Register 245, April 2023Authority:AS 46.03.020
AS 46.04.030
AS 46.04.035
AS 46.04.055
AS 46.04.070