The Alaska Department of Environmental Conservation is proposing to adopt new regulations requiring registration and notification for facilities that store noncrude oil in aboveground storage tanks and have capacities of 1,000 gallons or greater but less than 420,000 gallons.

The Alaska Department of Environmental Conservation proposes to adopt new regulations in 18 AAC 75 dealing with Class 2 facilities – facilities that store noncrude oil in aboveground storage tanks and have storage capacities of 1,000 gallons or greater but less than 420,000 gallons – including the following: 

1. Add new section 18 AAC 75.915 to address the applicability requirements.

2. Add new section 18 AAC 75.920 to address the registration and notification requirements.

3. Add new section 18 AAC 75.985 to create definitions related to Class 2 facilities.

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 Dennis Hartwick, Alaska Department of Environmental Conservation, 610 University Ave., Fairbanks, AK  99709, 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 January 19, 2017.

You may submit written questions relevant to the proposed action to the Department of Environmental Conservation by sending in questions by electronic mail at dec.cpr@alaska.gov or by sending the questions to Dennis Hartwick, Department of Environmental Conservation, 610 University Ave., Fairbanks, AK  99709. The written questions must be received by January 9, 2017, 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 January 6, 2017 to ensure that any necessary accommodations can be provided.
A copy of the proposed regulation changes, supporting documents, and a link to the Alaska Online Public Notice System are available at http://dec.alaska.gov/spar/regulation_projects/index.htm and by contacting Dennis Hartwick at the address or email above or by calling 907-451-2171.

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.  Written comments received are public records and are subject to public inspection.

Statutory authority:  AS 46.03.020; AS 46.04.070

Statutes being implemented, interpreted, or made specific: AS 46.03.020; AS 46.04.070
Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: December 13, 2016  
                                          
                       /s/                                        
Larry Hartig, Commissioner