18 AAC — Environmental Conservation

Partial collection: 34 complete publisher documents are included. The complete publisher inventory has not been verified; missing documents and reasons are recorded in the collection metadata. The publisher's print view does not serve 18 AAC 74.005, which its table of contents lists.

Chapter 15 Administrative Procedures

Article 1 Coverage of Chapter

18 AAC 15.010 Coverage of chapter

(a) The provisions of 18 AAC 15.020 - 18 AAC 15.100 apply to application procedures for the following permits or written approvals:

(1) waste management and disposal permits under AS 46.03.100 and 18 AAC 60.215, but not to Alaska Pollutant Discharge Elimination System permits issued under 18 AAC 83.005 - 18 AAC 83.990;

(2) sewerage system and treatment works plan approvals and permits under AS 46.03.100, 18 AAC 72.200, 18 AAC 72.215, 18 AAC 72.220, 18 AAC 72.225, 18 AAC 72.240, 18 AAC 72.500, and 18 AAC 72.600;

(3) public water system plan approvals under AS 46.03.720 and 18 AAC 80.200;

(4) surface oiling permits under AS 46.03.740 and 18 AAC 75.730;

(5) permits under AS 46.03.320, AS 46.03.330, AS 46.03.730, 18 AAC 90.500, and 18 AAC 90.505 for public pesticide programs or projects, and water or aerial application of pesticides;

(6) permits and short-term variances under AS 46.03.100 and 18 AAC 70.200 for disposal of wastewater into or upon the waters or land of the state, except for point source discharges subject to 18 AAC 15.120 or 18 AAC 83.005 - 18 AAC 83.990.

(b) The provisions of 18 AAC 15.130 - 18 AAC 15.180 apply to certification procedures under 33 U.S.C. 1341 (Clean Water Act, sec. 401).

(d) The provisions of 18 AAC 15.190 apply to the review of a fee decision of the department under 18 AAC 31.050(n), 18 AAC 32.610, 18 AAC 34.910, 18 AAC 50.430, 18 AAC 60.700, 18 AAC 72.961, 18 AAC 80.1910, and 18 AAC 83.905.

(e) The provisions of 18 AAC 15.195 - 18 AAC 15.340 apply to the conduct of adjudicatory hearings to review

(1) permit, approval, or certification decisions involving matters described in (a) or (b) of this section, including decisions to amend. suspend, revoke, or re-issue permits, approvals, or certifications; and

(2) decisions authorized to be reviewed in an adjudicatory hearing by a provision of this title other than (a) or (b) of this section.

History

Authority: AS 46.03.020; AS 46.03.320; AS 46.03.730 AS 46.03.100; AS 46.03.330; AS 46.03.880 AS 46.03.110; AS 46.03.720; AS 46.04.890
Eff. 11/25/77, Register 64; am 8/2/90, Register 115; am 2/15/98, Register 145; am 7/11/2002, Register 163; am 9/6/2003, Register 167; am 12/16/2004, Register 172; am 7/29/2006, Register 179; am 7/25/2010, Register 195; am 11/5/2017, Register 224

Article 2 Permit Procedures

18 AAC 15.020 Permit applications

(a) Except as provided in 18 AAC 15.130 - 18 AAC 15.140, an applicant for a permit or written approval subject to 18 AAC 15.020 - 18 AAC 15.100 must serve a complete application on the department.

(b) An applicant must serve a complete application under (a) of this section for the department's review at least

(1) five days before the proposed commencement of the operation, for applications for surface oiling permits;

(2) 30 days before the proposed commencement of construction, installation, modification, or improvement, for applications for plan approvals or permits for a sewerage system treatment works, or public water system;

(3) 60 days before the proposed commencement of construction, installation, modification, or improvement, for applications for plan approvals or permits for a municipal sewerage system, treatment works, or public water system project that involves state or federal monetary assistance;

(4) 60 days before the proposed commencement of the operation, for an application for a solid waste disposal permit, short-term variance form water quality standards, or wastewater disposal permit; and

(5) 100 days before the proposed commencement of a pesticide use that requires a permit under 18 AAC 90.

History

Authority: AS 46.03.020; AS 46.03.320; AS 46.03.730 AS 46.03.100; AS 46.03.330 AS 46.03.110; AS 46.03.720
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 8/2/90, Register 115; am 2/15/98, Register 145; am 7/11/2002, Register 163; am 4/10/2010, Register 194

18 AAC 15.030 Signing of applications

All permit or approval applications must be signed as follows:

(1) in the case of corporations, by a principal executive officer of at least the level of vice president or his duly authorized representative, if the representative is responsible for the overall management of the project or operation;

(2) in the case of a partnership, by a general partner;

(3) in the case of a sole proprietorship, by the proprietor; and

(4) in the case of a municipal, state, federal or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee.

History

Authority: AS 46.03.020(10)AS 46.03.110; AS 46.03.720 AS 46.03.090; AS 46.03.160 AS 46.03.100; AS 46.03.330
Eff. 11/25/77, Register 64

18 AAC 15.040 Requests for additional information

(a) If, within the time period for review of the application established in 18 AAC 15.020(b), the department determines that either further information or a site visit is necessary in order to evaluate the operation, the department will serve notice on the applicant of the information required and, in addition, establish a deadline for receipt of the requested information or the holding of the site visit. If the applicant fails to provide the requested information, or does not permit a site visit within the deadline period, the department will deny the application.

(b) The time period for review of the application established in 18 AAC 15.020(b) will be held in abeyance until service of the information, or holding of the site visit.

History

Authority: AS 46.03.020; AS 46.03.110; AS 46.03.330 AS 46.03.090; AS 46.03.160; AS 46.03.720 AS 46.03.100; AS 46.03.320
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 7/11/2002, Register 163

18 AAC 15.050 Public notice

(a) Immediately after the service of a complete application for a solid waste disposal permit, a short-term variance from water quality standards, or a wastewater disposal permit, the department will publish two consecutive notices of the application in a newspaper of general circulation in the area that would be affected by the operation, and in other media the department considers appropriate to achieve sufficient public notice.

(b) In a public notice under this section, the department will include

(1) information on the nature and the location of the proposed activity;

(2) information on how the public can receive more information, including a statement that an interested person will be sent a copy of the application upon request; and

(3) a statement that a person may submit comments on the application by filing written comments with the department before the published comment deadline.

(c) A person required to have a pesticide permit under 18 AAC 90 shall publish a public notice in accordance with (a) and (b) of this section. An affidavit of publication in conformity with the requirements of (b) of this section must be included with the application. The public notice must include a statement that the department will hold a public hearing on the application if 50 or more residents in the affected area, or the governing body of an affected municipality, make a request to the department for a hearing no more than 30 days after publication of the second notice.

History

Authority: AS 46.03.020; AS 46.03.110; AS 46.03.720 AS 46.03.100; AS 46.03.330
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 7/11/2002, Register 163; am 4/10/2010, Register 194

18 AAC 15.060 Public hearings

(a) The department will hold a public hearing on a pesticide permit application under 18 AAC 90 if

(1) no more than 30 days after the second publication of notice under 18 AAC 15.050(c), a hearing is requested by

(A) 50 residents of the affected area; or

(B) the governing body of an affected municipality; or

(2) the department finds that good cause exists, even if a hearing has not been requested under (1) of this subsection.

(b) The department will hold a public hearing on an application for a short-term variance from water quality standards, or on a permit or approval application, if it determines that good cause exists.

(c) The hearing will be held no sooner than 15 nor more than 30 days following publication of the notice under (e) of this section.

(d) The public hearing will be held at the closest practicable location to the site of the operation.

(e) Notice of the time, place, and scope of the hearing will be published in a newspaper of general circulation for the area that would be affected by the operation.

(f) The appropriate division director shall appoint a designee to preside at the hearing. Testimony will be presented in the order, and subject to time limitations, established by the presiding officer.

(g) At the close of each witness' testimony, the witness may be questioned by the presiding officer and the department staff.

(h) A hearing under this section will be tape recorded.

History

Authority: AS 46.03.020; AS 46.03.110; AS 46.03.720 AS 46.03.100; AS 46.03.330
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 7/11/2002, Register 163; am 4/10/2010, Register 194

18 AAC 15.070 Preissuance conference; ex parte communications

(a) The provisions of this section apply solely to an application for a solid waste disposal permit, public pesticide program or project permit, permit for the water or aerial application of pesticides, short-term variance from water quality standards, or wastewater disposal permit.

(b) At any time before the department's decision under 18 AAC 15.080, the applicant may request a preissuance conference from the department. The request may be made orally.

(c) A preissuance conference is a discretionary, informal, and nonadjudicative procedure for the purpose of discussing the progress of the application and narrowing areas of disagreement between the parties. The conference may be tape recorded. The commissioner will appoint a designee to preside at the conference.

(d) The department office will establish a time and place for holding the conference.

(e) Upon the granting of a request for a preissuance conference, the time period for review of the application established in 18 AAC 15.020(b) will be held in abeyance until completion of the conference.

(f) If practicable, communications between the applicant and an employee of the department regarding the application, other than at the preissuance conference, should be in writing. If oral communications are made, the department employee will prepare a memorandum for the record specifying the person with whom he or she communicated, the date and time of the communication, and a brief summary of the substance of the communication.

History

Authority: AS 46.03.020; AS 46.03.110; AS 46.03.720 AS 46.03.090; AS 46.03.320; AS 46.03.730 AS 46.03.100; AS 46.03.330
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 8/2/90, Register 115; am 7/11/2002, Register 163

18 AAC 15.080 Decision on application

(a) For an application served under 18 AAC 15.020(a), the appropriate division director or designee, within the applicable time period established in 18 AAC 15.020(b), shall serve the department's decision on the applicant. The decision will include

(1) the permit, variance, or written approval, if it is the department's determination that a permit or variance should be issued, or written approval granted;

(2) a brief summary of the basis for the department's decision, if the department's decision is to deny a permit, variance, or approval, or to subject a permit, variance, or approval to conditions specific to the activity; the department will provide a summary of the basis for its decision to grant a permit, variance, or approval in a case in which public comment adverse to the application has been received; and

(3) a statement that a person aggrieved by the department's decision may request an adjudicatory hearing under 18 AAC 15.200.

(b) The department's decision will also be served on each person who submitted timely comments on the application under 18 AAC 15.050(b)(3), or who testified at a public hearing held under 18 AAC 15.060.

History

Authority: AS 46.03.020; AS 46.03.100; AS 46.03.330 AS 46.03.090; AS 46.03.110; AS 46.03.720
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 4/1/99, Register 149; am 10/1/99, Register 151; am 7/11/2002, Register 163

18 AAC 15.090 Permit terms and conditions

As the department considers necessary to ensure that applicable criteria will be met, the department will attach terms and conditions to a permit, variance, or approval, including

(1) operating, monitoring, inspection, sampling, and reporting requirements;

(2) requirements to ensure department access to records; and

(3) the posting of a performance bond or other surety.

History

Authority: AS 46.03.020; AS 46.03.100; AS 46.03.330 AS 46.03.090; AS 46.03.110; AS 46.03.720
Eff. 11/25/77, Register 64; am 11/7/87, Register 100; am 7/11/2002, Register 163

18 AAC 15.100 Permit limitations

(a) The department will set a fixed term, not to exceed five years, for a permit or variance other than a plan approval for a

(1) sewerage system or treatment works; or

(2) public water system.

(b) Except as otherwise prohibited, a permit, variance, or approval may not be assigned without prior written approval of the appropriate division director. The appropriate division director will grant approval under this subsection if that director finds that the assignee has assumed the obligations of the permittee, and that the assignment will not result in an appreciable change in the operation.

(c) A permit or variance authorizes only that operation specified in the permit or variance. Any expansion, modification, or other change in a facility process or operation which might result in an increase in emissions or discharges, or might cause other detrimental environmental impacts from the permittee's facility, requires a new permit or variance. Any other change in the operation requires an amendment to the permit or variance.

(d) An application for a renewal of a permit, or amendment to a permit or variance, will be treated in the same manner as the initial application, except that public notice or hearing will not be provided for applications for renewal or amendment. Application for renewal or amendment must be made no later than 30 days before the expiration of the permit or the planned effective date of the amendment. The department will, however, approve an amendment to a permit or variance on an emergency basis if necessary to protect public health, life, or property.

History

Authority: AS 46.03.020; AS 46.03.100; AS 46.03.720 AS 46.03.090; AS 46.03.110
Eff. 11/25/77, Register 64; am 1/7/87, Register 100; am 7/11/2002, Register 163

18 AAC 15.110 Administrative continuance of expiring permits

(a) The conditions of an expired permit issued under AS 46.03.100 continue to be fully effective and enforceable until the effective date of a new or renewed permit if the

(1) permittee has timely submitted an application to renew the expiring permit or for a new permit that satisfies the requirements of 18 AAC 15.020 or 18 AAC 15.100(d) and any applicable requirements of 18 AAC 60 or 18 AAC 72; and

(2) department has not denied the application or revoked the continued permit.

(b) This section does not apply to Alaska Pollutant Discharge Elimination System permits, whether originally issued by the United States Environmental Protection Agency under 33 U.S.C. 1342 (Clean Water Act, sec. 402) or by the department under 18 AAC 83.005 - 18 AAC 83.990. Provisions for the continuation of expiring Alaska Pollutant Discharge Elimination System permits are set out in 18 AAC 83.155.

History

Authority: AS 46.03.020; AS 46.03.100; AS 46.03.110
Eff. 12/16/2004, Register 172; am 7/29/2006, Register 179

Article 3 Adoption of NPDES Permits

18 AAC 15.120 Adoption of NPDES permits

(a) A person who conducts an operation which results in the disposal of wastewater into the water of the state need not apply under secs. 20 - 100 of this chapter if the disposal is permitted under an NPDES permit, and the department has certified the NPDES permit in accordance with secs. 130 - 170 of this chapter.

(b) Any reissuance of or modification to a certified NPDES permit must be certified by the department under secs. 130 - 170 of this chapter. This requirement applies whether the reissuance or modification was brought about by reapplication, or by stipulation or other agreement between EPA and the permittee. Notwithstanding (c) of this section, if any NPDES permit is reissued or modified without certification under secs. 130 - 170 of this chapter, that permit will not be considered a permit under AS 46.03.100.

(c) For persons subject to (a) of this section, the NPDES permit constitutes the permit required under AS 46.03.100. The NPDES permit will be enforced by the department under AS 46.03, and may be modified or terminated for purposes of AS 46.03.100 under AS 46.03.120. Any rights or privileges inuring to the benefit of EPA in the NPDES permit, including any right to enter, inspect, sample, and have access to records, also inure to the benefit of the department. Any reports or other information filed with EPA in accordance with the NPDES permit must be contemporaneously filed with the department.

(d) If a certified NPDES permit, or any portion of the permit, is stayed pending a challenge to the permit, that permit will not be considered a state permit under AS 46.03.100 during the period of the stay.

(e) If a portion of a certified NPDES permit is stayed pending a challenge to the permit, that portion of the permit that is stayed will not be considered to be part of a state permit under AS 46.03.100 during the period of the stay. The remainder of the NPDES permit that is not stayed will be considered a state permit under AS 46.03.100 unless the department determines otherwise. The department will provide written notification to the permittee if the department determines that any portion of the partially-stayed NPDES permit will not be considered a state permit under AS 46.03.100 during the period of the stay.

History

Authority: AS 46.03.020; AS 46.03.110
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 7/29/2006, Register 179

Article 4 Certification

18 AAC 15.130 NPDES certification procedure

(a) Contemporaneous with the filing with EPA of an application for an NPDES permit, or for a modification or reissuance of an NPDES permit, a copy of the application and all supporting information, together with a cover letter requesting certification, must be served on the department. If the certification request involves a modification to an NPDES permit which does not involve application, for which EPA does not intend to issue public notice, the department will require a copy of the proposed modification at least 60 days before any deadline established by EPA for certification action on the modification, or 60 days before the proposed effective date of the modification, whichever is the sooner. All supplementary forms or other information pertaining to the application must be served on the department at the time of their filing with EPA.

(b) Within 30 days after receipt of an application for certification, the department will, if necessary, serve notice upon the applicant that additional information is necessary in order for the department to determine whether the discharge will comply with the applicable provisions of 33 U.S.C. 1311, 1312, 1313, 1316, and 1317 (Clean Water Act), secs. 301, 302, 303, 306, and 307, and that the additional information must be served upon the department within 30 days after receipt of the request. If the information is not served upon the department within the time period specified, certification will be denied unless a time extension is approved by the department upon the applicant's showing, to the department's satisfaction, that additional time is necessary to provide the needed information.

History

Authority: AS 46.03.020; AS 46.03.110
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

18 AAC 15.140 Public notice

(a) Public notice of the certification application will be published jointly with notice of the proposed action by EPA under 40 C.F.R. 124.10. The notice will include the information required by 18 AAC 15.050(b).

(b) If the certification request involves a proposed modification to an NPDES permit for which EPA does not propose to issue public notice, the department will issue public notice in conformity with 18 AAC 15.050(b) within 10 days after receipt of the certification application. However, the department will not provide public notice for proposed modifications to an NPDES permit, if the department determines that the proposed modifications will not result in a significant change in the location, volume, type, or concentration of the discharge.

History

Authority: AS 46.03.020; AS 46.03.110
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

18 AAC 15.150 Public hearings

(a) The department will determine whether to hold a public hearing on a certification application under 18 AAC 15.060(b).

(b) If EPA holds a public hearing under 40 C.F.R. 124.12, that hearing, and the hearing under this section, will, when practicable, be held jointly.

(c) If EPA does not hold a public hearing, the hearing under this section will be held no fewer than 30 days after notice of the hearing. The hearing will be noticed and conducted under 18 AAC 15.060(d)-(h).

History

Authority: AS 46.03.020; AS 46.03.110
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

18 AAC 15.160 Department decision

The department will serve upon the applicant, EPA, and each person who submitted timely comments upon the application or testified at a hearing held under 18 AAC 15.150, the decision of the appropriate division director or designee regarding certification. In the decision, the department will include a summary of the basis of the department's decision.

History

Authority: AS 46.03.020; AS 46.03.110
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163

18 AAC 15.170 Period required to process certification

Subject to sec. 130(a) of this chapter, the department will require at least 30 days to act on a request for certification of the regional administrator's determination under 40 C.F.R. sec. 125.3 (39 FR 27080 (July 24, 1974)).

History

Authority: AS 46.03.020; AS 46.03.160
Eff. 11/25/77, Register 64

18 AAC 15.180 Certification for other federal licenses and permits

(a) A person may not undertake a federally licensed or permitted activity requiring certification under 33 U.S.C. 1341 (Clean Water Act, sec. 401) without first applying for and obtaining certification from the department under this section unless, after application, the department waives its right to certify under 33 U.S.C. 1341(a) (Clean Water Act, sec. 401). An applicant must pay the appropriate fee in 18 AAC 72.956, 18 AAC 72.957, or 18 AAC 72.959 for certification of a federal license or permit.

(b) Certification requests for any federal license or permit other than an NPDES permit will be processed in substantial conformity with secs. 130 - 170 of this chapter. The department will, in its discretion, enter into agreements with federal licensing and permitting agencies to provide for joint public notice and hearing. The department will make a decision on certification applications for other federal licenses or permits within 30 days of receipt of the federal agency's proposed action on the license or permit application.

(c) An applicant for a federal license or permit requiring certification under 33 U.S.C. 1341 (Clean Water Act, section 401) must serve upon the department a copy of the application for a federal license or permit, and all accompanying information, contemporaneous with the submission of the application to the federal licensing or permitting agency. The requirements of 18 AAC 15.120(b) regarding reissuances or modifications to an NPDES permit apply to reissuances, renewals, or amendments to any other federal license or permit requiring certification under 33 U.S.C. 1341.

History

Authority: AS 44.46.025; AS 46.03.020; AS 46.03.110
Eff. 11/25/77, Register 64; am 11/10/94, Register 132; am 1/17/2002, Register 161; am 7/11/2002, Register 163

Article 5 Informal and Fee Review Procedures

18 AAC 15.185 Informal review

(a) The informal review process allows the requester to address, with the department division that issued a contested decision, concerns over the decision without entering into a formal adjudicatory hearing process. An informal review request is not required before making a request for an adjudicatory hearing. A person authorized under a provision of this title to request an informal review under this section, or a person authorized to request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, may request an informal agency review by the director of the department division that issued the contested decision. As provided in 18 AAC 15.200(e), proceedings on a request for adjudicatory hearing do not begin until after the proceedings on a request for informal review, if requested, of the contested decision are completed. A request for informal review must be made not later than 20 days after issuance of the department's decision reviewable under this section. The request may be made by mail, electronic mail, or facsimile, and must include

(1) the information required under 18 AAC 15.200(c) and (d); and

(2) subject to the restrictions of 18 AAC 15.245, copies of any documents or data that would assist the director in concluding the informal review.

(b) Not later than seven days after receipt of a request for review, the director will decide if the request merits informal review. If the director decides that the request does not merit informal review, the director shall inform the requester in writing of this decision and include the reasons for the decision. The director's informal review decision is not itself subject to appeal, but the requester may seek a formal adjudicatory hearing on the underlying contested decision under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requester. In the denial, the director shall include a statement informing the requester if either of those options is available to the requester.

(c) If informal review is granted, the director may request additional information from the requester. Additional information requested as part of the informal review process does not become part of the agency decision record under 18 AAC 15.237, unless previously and timely submitted to the division during its review before issuance of the contested decision. The director shall issue a final decision not later than 20 days after receipt of the request for informal review or receipt of additional information requested, whichever is later. The director's informal review decision itself is not subject to an appeal. Rather, the director shall advise the requester and all other parties of the appropriate appeal procedure described in (d) of this section based on the director's final decision after granting informal review.

(d) In making a final decision after granting informal review, the director may

(1) affirm the contested decision; the director shall advise the requester and all other parties of the right to seek, not later than 30 days after issuance of the director's decision affirming the contested decision, an adjudicatory hearing under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requester or other parties;

(2) remand the entire decision to the division staff for action in accordance with the director's decision; the director shall advise the requester and all other parties of the right to seek an informal review or an adjudicatory hearing under 18 AAC 15.200 or AS 44.62 if either of those options is available to the requester or other parties not later than 30 days after the division staff issues a final decision on remand; or

(3) change the contested decision as follows:

(A) if the change is minor the director shall advise the requester and all other parties of the right to seek an adjudicatory hearing under 18 AAC 15.200 or AS 44.62 on the contested decision as revised by the director, if either of those options is available to the requester or other parties not later than 30 days after issuance of the director's revised decision;

(B) if the change is substantive the director shall direct the division staff to re-notice the contested decision; once finalized and issued, the revised decision is subject to informal review in accordance with this section or to a request for an adjudicatory hearing under 18 AAC 15.200 or AS 44.62, if either of those options is available to the requester or other parties not later than 30 days after issuance of the revised decision.

(e) With the consent of the parties or good cause shown, the director may shorten or extend a deadline established in (b) or (c) of this section.

History

Authority: AS 46.03.020; AS 46.03.720; AS 46.14.120 AS 46.03.100; AS 46.03.730; AS 46.14.150 AS 46.03.110; AS 46.03.880; AS 46.14.200 AS 46.03.320; AS 46.04.030 AS 46.03.330; AS 46.04.890
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.190 Fee review

(a) An applicant for a permit or approval who is authorized by a provision of this title to seek a review of a fee decision of the department under this section may, within 30 days of receipt of the fee invoice, make a written request that the director of the division issuing the invoice review the matter. The applicant need not pay the disputed fee until the director issues a final decision under (b) of this section, and the department will not charge interest while the director considers the request for fee review.

(b) A request for fee review must be accompanied by a written discussion that sets out the reasons why the fee or computation is disputed and how it should be adjusted. The director of the department division issuing the invoice shall issue a written decision on the disputed invoice within 30 days after receiving the request for fee review. A decision made under this subsection is the final agency decision. A person aggrieved by that decision may appeal it to the superior court in accordance with the Alaska Rules of Appellate Procedure.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.140 AS 44.46.025; AS 46.03.070
Eff. 7/11/2002, Register 163

Article 6 Administrative Appeal Procedures

18 AAC 15.195 Applicability

The provisions of 18 AAC 15.195 - 18 AAC 15.340 apply to adjudicatory hearings to review decisions described in 18 AAC 15.010(e), except adjudicatory hearings for administrative penalties under AS 46.03.761 (d) or adjudicatory hearings under 18 AAC 23, 18 AAC 30, 18 AAC 31, 18 AAC 32, 18 AAC 34, 18 AAC 52, 18 AAC 60.260, 18 AAC 72.430, 18 AAC 75.550 - 18 AAC 75.570, or 18 AAC 80.1240.

History

Authority: AS 46.03.020; AS 46.03.720; AS 46.04.890 AS 46.03.100; AS 46.03.730; AS 46.14.120 AS 46.03.110; AS 46.03.761; AS 46.14.150 AS 46.03.320; AS 46.03.880; AS 46.14.200 AS 46.03.330; AS 46.04.030
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.196 Administrative Procedure Act

To the extent provided in AS 44.62.330(a), AS 46.03.880, AS 46.04.890, and AS 46.14.200, the adjudicatory hearing procedures in this chapter supersede the adjudicatory hearing procedures contained in AS 44.62.330 - 44.62.630 (Administrative Procedure Act).

History

Authority: AS 44.62.330; AS 46.03.330; AS 46.04.890 AS 46.03.020; AS 46.03.720; AS 46.14.120 AS 46.03.100; AS 46.03.730; AS 46.14.150 AS 46.03.110; AS 46.03.880; AS 46.14.200 AS 46.03.320; AS 46.04.030
Eff. 11/5/2017, Register 224

18 AAC 15.200 Request for an adjudicatory hearing

(a) Not later than 30 days after the department issues a decision reviewable under 18 AAC 15.195 - 18 AAC 15.340 or not later than 30 days after the director issues a final decision under 18 AAC 15.185, whichever is later, a person authorized to request an adjudicatory hearing under this chapter may serve a request upon the commissioner. A copy of the request for adjudicatory hearing must be served on the director, and on the permit applicant or permittee. Except as provided in AS 46.14.200 for certain persons requesting an air emissions permit hearing, a person who requests an adjudicatory hearing, a person designated to act on the person's behalf, or an intervenor must have actively raised the issue to the department through participation in the public review process on the draft decision, if the department offered one, either by submitting written comments or by testifying at a public hearing on the draft decision, unless the challenge is to a provision of a final permit that was not in the draft permit that was the subject of the public notice or comment process.

(b) Unless a permit is being renewed, if the application was made solely for a permit amendment, a request for an adjudicatory hearing may not raise issues relating to

(1) the validity of the permit for which an amendment is sought; or

(2) unrelated permit conditions for which an amendment was not sought.

(c) The requester must show in the hearing request that the requirements of (a) - (d) of this section have been met. An adjudicatory hearing request must be in writing on a form provided by the commissioner and must contain

(1) a description of the decision to be reviewed;

(2) the requester's name, mailing address, electronic mail address, and telephone number;

(3) the name and address of each person that is adversely affected by the decision and that the requester represents; and

(4) the information that supports the request, including

(A) a detailed factual statement of the nature and scope of the interests of the requester, or if the requester is an organization, the interests of the representative members of the organization;

(B) an explanation of how and to what extent those interests would be directly and adversely affected by the contested issues in the decision, including a discussion of the factors in (d) of this section;

(i) the disputed issues of material fact and law proposed for review;

(ii) the relevance to the decision of those disputed issues of material fact and law identified under (i) of this subparagraph;

(iii) a detailed explanation of how the decision was in error with respect to the contested issue; and

(iv) the hearing time estimated to be necessary for the adjudication:

(D) a discussion of why the request for hearing should be granted; and

(E) if applicable, specific reference to the contested terms or conditions of the department's decision, as well as suggested alternative terms and conditions that in the requester's judgment are required to implement applicable requirements of law.

(d) The requester must show in the hearing request

(1) that the requester or, if the requester is an organization, the representative members of the organization, are directly and adversely affected by the contested issues in the department's decision so as to justify relief;

(2) the nature of the interest asserted by the requester;

(3) whether that interest is one that the applicable statutes and regulations were intended to protect; and

(4) the extent to which the contested issues in the department's decision directly and substantively impairs that interest.

(e) A request under 18 AAC 15.185 for informal agency review suspends the deadlines set out in 18 AAC 15.200 - 18 AAC 15.340 while the request is pending and during any informal review.

(f) In this section, "contested issues" means the specific disputed issues of material fact and law proposed for review under this section.

History

Authority: AS 46.03.020; AS 46.03.720; AS 46.14.120 AS 46.03.100; AS 46.03.730; AS 46.14.150 AS 46.03.110; AS 46.03.880; AS 46.14.200 AS 46.03.320; AS 46.04.030 AS 46.03.330; AS 46.04.890
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.205 Alternative dispute resolution

(a) Notwithstanding 18 AAC 15.195 - 18 AAC 15.340, the department and the parties may engage in alternative dispute resolution as provided in 2 AAC 64.200. However, a request for an adjudicatory hearing must be filed in accordance with 18 AAC 15.200 at the same time as or before a request for alternative dispute resolution.

(b) For purposes of this section, alternative dispute resolution

(1) includes non-binding arbitration, modified adjudication proceedings, non-record abbreviated hearings, or any collaborative method designed to encourage the parties to work together to develop a mutually agreeable solution, including negotiation, mediation, use of a neutral fact-finder, and settlement conferences; and

(2) does not include binding arbitration.

(c) Nothing in this section impairs the ability of a party to an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 or the hearing officer from pursuing settlement discussions.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.890 AS 46.03.100; AS 46.03.720; AS 46.14.200 AS 46.03.110; AS 46.03.730 AS 46.03.320; AS 46.03.880
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.210 Stay of decision

(a) The department's decision is effective when issued. The department's decision is not automatically stayed during the pendency of proceedings under this chapter. A requester may, not later than the deadline for service of a request for a hearing under 18 AAC 15.200, serve upon the commissioner a request for stay of the department's decision, or a portion of it, pending completion of proceedings under this chapter. The request must be supported by a written memorandum setting out each reason why the decision should be stayed. A person requesting a stay must serve a copy of the request and supporting memorandum on the division director and on the permit applicant or permittee. A copy of the request for stay also must be provided to the commissioner in an electronic format, unless the department waives this requirement because the requester lacks a readily accessible means or the capability to provide items in an electronic format. The commissioner will issue by mail, facsimile transmission, or electronic mail a notice of the request for stay to the requester, to the division director, to the permit applicant or permittee, and to each person who commented on the application or draft decision, and will post that notice on the Alaska Online Public Notice System established under AS 44.62.175. In the notice of request for stay, the commissioner will inform persons that the request for stay is available for review by contacting the department or by reviewing the department's website. In the notice. the commissioner also will include the statement that a person who wishes to oppose or support the request for stay must do so by serving a response on the commissioner on or before a date established by the commissioner and by serving copies as required under (b) of this section.

(b) Not later than the time that the commissioner sets in the notice of request for stay under (a) of this section, the division director, a requester not requesting the stay, the permit applicant or permittee, and a potential intervenor may serve a responsive memorandum upon the commissioner, the stay requester, the permit applicant or permittee, and the division director in the manner required under 18 AAC 15.340. A potential intervenor need not file a request to intervene under 18 AAC 15.225 in order to submit a responsive memorandum to a request for stay. A potential intervenor submitting a responsive memorandum to a request for stay must file a motion to intervene if the person wishes to participate in a proceeding that the commissioner grants under 18 AAC 15.220.

(c) The commissioner will issue a decision on a request for stay made under (a) of this section. In reviewing a request for stay, the commissioner will consider

(1) whether the person requesting the stay will suffer irreparable harm if a stay is not granted;

(2) whether the rights of other persons and the public interest can be adequately protected if the stay is granted;

(3) the relative harm to the person requesting the stay, the permit applicant or permittee, public health, safety, the environment, and the public interest, if a stay were granted or denied;

(4) the resources that would be committed during the pendency of proceedings under this chapter if a stay were granted or denied; and

(5) the likelihood that the person requesting the stay will prevail in the proceedings on the merits.

(d) When considering the likelihood of a person prevailing on the merits for purposes of (c)(5) of this section, the commissioner will consider the nature of the threatened injury. If the requesting person faces irreparable harm and the rights of other persons can be adequately protected, the person requesting the stay must raise serious and substantial questions on the merits of the department's decision in order for the commissioner to grant a stay. If the harm to the person requesting the stay is less than irreparable or if the rights of other persons cannot be adequately protected if the commissioner grants a stay, the person requesting the stay must meet the heightened standard of a clear showing of probable success on the merits in order for the commissioner to grant a stay. The commissioner will not impose or continue a stay of the department's decision if the commissioner finds that to impose or continue the stay would be contrary to the public interest. The commissioner will not grant a stay on a denial of a permit application or request for certification for either a new operation or an operation that began after the effective date of the statute or regulation requiring a permit.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.220 Action on hearing requests

(a) As provided in AS 44.64.060(b), the commissioner will, not later than 10 days after receiving a properly served hearing request,

(1) deny the request

(A) for a reason provided by law; or

(B) by vacating and remanding the matter to the division director for further action; or

(2) conditionally approve the hearing request and refer the request to the office of administrative hearings (AS 44.64.010) for a recommended decision whether the request meets the requirements of 18 AAC 15.200 and the scope of any hearing on the request.

(b) If the commissioner refers a hearing request to the office of administrative hearings, the commissioner will give notice of the referral to the requester, the division director, and the permit applicant or permittee. In the notice the commissioner will include a statement that, not later than 20 days after the commissioner gives the notice of referral, the division director and the permit applicant or permittee may file a response with the office of administrative hearings as to whether the hearing request meets the requirements of 18 AAC 15.200 and, if so, the scope of proceedings before the office of administrative hearings. The requester may reply not later than seven days after service of any response to the request for an adjudicatory hearing. The response and any reply must be served as described in 18 AAC 15.340 on the office of administrative hearings, the division director, the permit applicant or permittee, and the requester. Not later than 10 days after the time has expired for a requester to reply to responses to the request, the office of administrative hearings will issue a recommended decision to the commissioner whether the hearing request

(1) meets the requirements of 18 AAC 15.200 and an adjudicatory hearing or hearing on the briefs should be held;

(2) does not meet the requirements of 18 AAC 15.200 and the hearing request should be denied; or

(3) should be denied because the matter should be vacated and remanded to the division director for further action.

(c) Not later than 10 days after receiving a recommended decision of the office of administrative hearings under (b) of this section, the commissioner will make a final decision on the recommendation to

(1) grant an adjudicatory hearing or hearing on the briefs;

(2) deny the hearing request as not meeting the requirements of 18 AAC 15.200; or

(3) vacate the contested decision, deny the hearing request, and remand the matter to the division director for further action.

(d) If the commissioner determines that an adjudicatory hearing or a hearing on the existing record and on written briefs should be held, the commissioner will publish notice of the action in a newspaper of general circulation for the affected area, and if sufficient contact information is provided, will send a copy of the public notice to each person who submitted timely written comments on the draft decision, who testified at a public hearing before the department's decision on the draft decision, or who submitted a request for hearing. In the notice the commissioner will include the statement that a person who wishes to participate in the proceedings may file a request to intervene not later than 15 days after publication of the notice or mailing of the notice, whichever occurs last. In the notice the commissioner will also state that a request to intervene must

(1) meet the requirements of 18 AAC 15.225 and 2 AAC 64.180; and

(2) be served on the administrative law judge, the division director, the requester, and the permit applicant or permittee.

(e) If the commissioner grants a hearing on the existing record and on written briefs, the administrative law judge will establish, after the time to intervene has expired under 18 AAC 15.225, a briefing schedule for submission of an opening brief by each requester, a responsive brief by each respondent, and a reply brief by each requester. Subject to the requirements of 18 AAC 15.245, the administrative law judge may allow the parties to supplement the agency record with additional information submitted with the briefs.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.225 Additional parties and issues

(a) A person who wants to intervene in proceedings granted by the commissioner may serve upon the administrative law judge a request to intervene that contains the information and meets the requirements specified in 18 AAC 15.200, not later than 15 days after publication of notice or mailing of notice under 18 AAC 15.220(d), whichever occurs last. A person requesting to intervene must serve a copy of the request to intervene on each party. A person requesting to intervene may not raise new contested issues beyond those contained in the request for hearing granted by the commissioner under 18 AAC 15.220(c). An existing party may submit an objection to a request to intervene not later than seven days after service of the request.

(b) Each requester, the permit applicant or permittee, and the division director are automatically parties to the proceeding and need not file requests for intervention.

(c) The administrative law judge will grant or deny the request to intervene not later than 10 days after the expiration of the deadline to object. The administrative law judge will grant the intervention request if the administrative law judge finds that the potential intervenor meets the standing requirements of 18 AAC 15.200 and the potential intervenor's interests are not adequately represented in the adjudication.

(d) If more than one hearing request concerning a department decision, including requests to intervene, is granted, all granted requests will be automatically joined in a single proceeding.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.890 AS 46.03.100; AS 46.03.720; AS 46.14.120 AS 46.03.110; AS 46.03.880; AS 46.14.150 AS 46.03.320; AS 46.04.030
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.230 Consolidation and severance

(a) The commissioner may consolidate, in whole or in part, two or more proceedings to be held under this chapter, if the commissioner determines that a joint hearing on any or all of the matters at issue would expedite or simplify consideration of the issues and that consolidation would not prejudice a party. Consolidation does not affect the right of a party to raise issues that might have been raised had consolidation not occurred.

(b) If the commissioner determines that consolidation is not conducive to an expeditious, full, and fair hearing, a party or issue may be severed and heard in a separate proceeding.

(c) After referral to the office of administrative hearings as required or permitted under AS 44.64.030, consolidation or severance is governed by 2 AAC 64.190.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.234 Administrative law judge

(a) Under AS 44.64.030, an administrative law judge will conduct

(1) an adjudicatory hearing granted by the commissioner under this chapter; or

(2) a hearing granted by the commissioner under this chapter on the existing record and on written briefs.

(b) The commissioner may designate

(1) the office of administrative hearings to make a recommended or final decision on whether to grant or deny a request for a stay of decision under 18 AAC 15.210;

(2) a department employee to make a final decision on a recommendation by the office of administrative hearings to grant or deny an adjudicatory hearing request under 18 AAC 15.200; or

(3) a department employee or the office of administrative hearings to make a final department decision after hearing by the office of administrative hearings as provided in AS 44.64.060(e).

(1) may not have been substantively involved in the contested decision;

(2) shall be impartial with respect to the subject of the contested decision;

(3) if a public officer within the meaning of AS 39.52 (Executive Branch Ethics Act), may not serve in violation of that chapter; and

(4) if an attorney, shall comply with applicable rules of professional conduct.

(d) If the commissioner designates another individual to act as a designee under (b) of this section, the commissioner will serve notice at the time of the designation to the parties.

History

Authority: AS 46.03.020; AS 46.03.720; AS 46.04.890 AS 46.03.100; AS 46.03.880; AS 46.14.150 AS 46.03.110; AS 46.04.030 AS 46.03.330; AS 46.04.120
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.235 Hearing officer

Repealed.

History

Eff. 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.237 Agency decision record

(a) As provided in AS 44.64.060(b), if a hearing request is referred to the office of administrative hearings under 18 AAC 15.220(a), and not later than 15 days after receiving a hearing request, the division director shall provide to the office of administrative hearings a copy of the contested decision, including any findings document or response to public comments, and any underlying permit documents.

(b) If an adjudicatory hearing request is granted, or a hearing on the existing record and on written briefs is granted under 18 AAC 15.220(c), the division director shall supplement the record materials provided under (a) of this section with those portions of the supplemental documents described in this subsection that are relevant to the issues upon which the hearing is granted. The supplemental documents are the application and supporting documentation, written and electronic correspondence concerning the proposed decision, additional information submitted by the permit applicant or permittee to the department, public comments and information submitted to the department on the proposed decision, recordings or transcripts of any public hearing, prior department decisional documents referenced in the contested decision, and other materials that the department considered or relied upon in making the department's decision. The record materials under (a) of this section and the supplemental documents under this subsection constitute the agency decision record. Documents exempt from disclosure under AS 40.25.110 - 40.25.125 may not be included in the agency decision record. Documents or additional information received as part of the informal review process under 18 AAC 15.185 may not be included in the agency decision record, unless those documents or the additional information was previously and timely submitted to the division during its review before issuance of the contested decision. A requester may request to supplement the record under 2 AAC 64.310. The department staff shall number the pages of the agency decision record. The department staff is not required to prepare an index of the agency decision record.

(c) Not later than 20 days after the commissioner's decision granting an adjudicatory hearing or a hearing on the existing record and on written briefs under 18 AAC 15.220(c), the division director shall supplement the agency decision record as required under (b) of this section. The division director shall at the same time also serve notice on all parties that the agency decision record is complete. A person may inspect or obtain a copy of the agency decision record both before and after the agency notice is served. A person wishing to obtain a copy of the agency decision record may do so at the requesting person's expense. For good cause shown, the administrative law judge may extend the time for preparation of the agency decision record.

(d) The department will impose copying charges on a party requesting copies of a portion of or the entire agency decision record, unless the number of copies requested is de minimis,

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 7/11/2002, Register 163; am 8/15/2010, Register 195; am 11/5/2017, Register 224

18 AAC 15.240 Prehearing document exchange; witness lists

Repealed.

History

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.245 Obligation to submit evidence and raise issues

A party may not submit a factual contention or expert opinion that was not submitted timely to the department before the department's issuance of the contested decision unless the party shows good cause for the failure to submit the item. A party may not raise an issue of fact or question of law that was not raised timely to the department before the department's issuance of the contested decision unless the party shows good cause for the failure to raise each matter. For purposes of this section, grounds upon which a party may show good cause include one or more of the following:

(1) the party could not reasonably have ascertained the issues or made the information available within the time required by this chapter;

(2) the party could not have reasonably anticipated the relevance or materiality of the matter sought to be raised or the information sought to be introduced.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.247 Subpoenas

Repealed.

History

Eff. 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.250 Prehearing conference

Repealed.

History

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.255 Summary determination

Repealed.

History

Eff. 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.260 Deciding officer

Repealed.

History

Eff. 11/25/77, Register 64; repealed 7/11/2002, Register 163

18 AAC 15.270 Hearings

Repealed.

History

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.280 Certification of adjudication record

Repealed.

History

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.290 Proposed findings

Repealed.

History

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.300 Final decision

Repealed.

History

Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.305 Reconsideration

Repealed.

History

Eff. 7/11/2002, Register 163; repealed 11/5/2017, Register 224

18 AAC 15.310 Adjustment of deadlines

For good cause shown, the commissioner or administrative law judge may stay the proceedings under or shorten or extend a deadline established in 18 AAC 15.220(b) - (f) and 18 AAC 15.225 - 18 AAC 15.245.

History

Authority: AS 46.03.020; AS 46.03.720; AS 46.14.120 AS 46.03.100; AS 46.03.880; AS 46.14.150 AS 46.03.110; AS 46.04.030 AS 46.03.330; AS 46.04.890
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.320 Contempt

The commissioner or administrative law judge may use the procedures set out in AS 44.62.590 to obtain the assistance of the superior court if a person in the proceeding disobeys or resists a lawful order, refuses to respond to a subpoena, refuses to take oath or affirmation as a witness, refuses to be examined, or is guilty of misconduct at the hearing or so near the hearing as to obstruct the proceeding.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 15.340 Administrative Procedures

18 AAC 15.340. Service under 18 AAC 15.185 - 18 AAC 15.220. (a) As provided in 18 AAC 15.185, 18 AAC 15.200, and 18 AAC 15.900, the deadline for service of a request for informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.200 commences from issuance of the department's decision on which informal review or an adjudicatory hearing is sought. The deadline for service is computed as provided in 18 AAC 15.900. Issuance of the decision is the date indicated by the postmark if the decision was mailed or the date when the department sent the facsimile or electronic mail if facsimile transmission or electronic mail was used. If the requester uses mail to serve the request for informal review or request for an adjudicatory hearing, service occurs, for the purpose of the requester's service obligation, on the date of mailing as indicated by the postmark or on the date when the requester sent the request by facsimile transmission or electronic mail if facsimile transmission or electronic mail was used. Service of a request for informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.200 shall be made to the persons set out in 18 AAC 15.185 and 18 AAC 15.200, respectively, and must include an affidavit of service stating the persons who have been served and the day and manner of service. (b) After the request for informal review or request for an adjudicatory hearing is filed, any matter required to be served under 18 AAC 15.185 - 18 AAC 15.220 shall be submitted by personal delivery or by first-class, priority, or express United States mail to each party and the commissioner along with proof of service. Upon motion of a party, the director in an informal review under 18 AAC 15.185 or the commissioner in a proceeding under 18 AAC 15.200 may waive the requirement for submission by personal delivery or mail as described in this subsection, to allow service by facsimile transmission or electronic mail. Proof of service shall be made by an affidavit of service stating the persons who have been served and the day and manner of service. (c) If a pleading or paper filed discloses that a requester or respondent is represented by counsel, service upon the requester or respondent must be made upon the requester's or respondent's attorney. (d) If mail is used for service, service occurs upon mailing for the purpose of the serving person's obligation. Except as provided in (a) of this section with respect to the time to file a request for informal review or a request for an adjudicatory hearing, if a party has the right or is required to do some act or take some proceedings within a period prescribed in 18 AAC 15.185 - 18 AAC 15.220 after the service of a notice or other paper upon the party, and if the party is served by mail, three days are added to the prescribed period. (e) After referral of a hearing request to the office of administrative hearings, service is governed by 2 AAC 64.920.

History

Authority: AS 46.03.020; AS 46.03.330; AS 46.04.030 AS 46.03.100; AS 46.03.720; AS 46.04.890 AS 46.03.110; AS 46.03.730; AS 46.14.120 AS 46.03.320; AS 46.03.880; AS 46.14.150
Eff. 7/11/2002, Register 163; am 11/5/2017, Register 224

Authority: AS 46.03.020; AS 46.03.720; AS 46.14.120 AS 46.03.100; AS 46.03.880; AS 46.14.150 AS 46.03.110; AS 46.04.030 AS 46.03.330; AS 46.04.890
Eff. 11/25/77, Register 64; am 7/11/2002, Register 163; am 11/5/2017, Register 224

Chapter 23 Hair and Body Art Schools and Shops

Article 1 General Sanitation Requirements

18 AAC 23.010 Purpose and applicability

(a) The purpose of this chapter is to safeguard public health by establishing sanitation requirements for

(1) barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, and permanent cosmetic coloring schools and shops licensed by the board under 12 AAC 09; and

(2) facilities that perform only ear piercing with an ear piercing instrument.

(b) Except as provided in (c) of this section, the requirements of this chapter apply to an owner or operator of a school or shop described in (a) of this section.

(c) The requirements of this chapter, except for 18 AAC 23.360, do not apply to a facility that performs only ear piercing with an ear piercing instrument.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020 AS 08.13.120; AS 08.13.220
Eff. 12/1/2002, Register 164

18 AAC 23.020 Plan review

(a) The owner or operator of a school or shop subject to 18 AAC 23.010(b) shall submit plans to the department for review and approval as follows:

(1) for a newly constructed or extensively remodeled school or shop, at least 30 days before any construction or extensive remodeling is to begin;

(2) for a body piercing tattooing or permanent cosmetic coloring shop that is in operation on December 1, 2002, within 90 days after December 1, 2002;

(3) for a barbering, hairdressing, manicuring, or esthetics school or shop that adds tattooing, body piercing, or permanent cosmetic procedures to that existing school or shop, at least 30 days before adding the procedure.

(b) Plans required in (a) of this section must demonstrate compliance with this chapter and must include a

(1) drawing that is to scale showing the

(A) layout and purpose of each room or area;

(B) location of fixed equipment; and

(2) plumbing schematic showing each hot water, cold water, and wastewater line;

(3) description of each type and location of lighting and ventilation; and

(4) a listing of each material used to finish the floors, walls, and ceilings in the procedure areas.

(c) The department will approve plans submitted under this section if the department determines that the plans demonstrate compliance with this chapter.

(d) If a body piercing, tattooing, or permanent cosmetic coloring shop referred to in (a)(2) of this section requires renovations in order to be in compliance with this chapter, if those renovations cannot be accomplished within 90 days after December 1, 2002, and if the department determines that a conditional approval is protective of public health, the department will enter into an agreement with the owner or operator of that shop to establish a timeline for the required renovations and issue conditional approval for the shop until the shop is in compliance with this chapter.

(e) Upon approval of the plans submitted under this section, the department will notify the board of the approval.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.030 Water supply, wastewater, and waste disposal

The owner or operator of a school or shop subject to 18 AAC 23.010(b) shall ensure that

(1) the water supply system complies with 18 AAC 80; if running water is not available, the water storage and dispensing system must be approved by the department as consistent with good public health practices;

(2) the wastewater system complies with 18 AAC 72;

(3) plumbing is sized, installed, and maintained as required by the state plumbing code, as developed under AS 18.60.705, and by applicable municipal plumbing codes and is consistent with good public health practices;

(4) waste is conveyed, stored, and disposed of in a manner that minimizes the development of odor, prevents waste from attracting and harboring pests, and complies with 18 AAC 60; and

(5) an incinerator used on the premises by the school or shop complies with 18 AAC 50.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.040 Premises and operations

The owner or operator of a school or shop subject to 18 AAC 23.010(b) shall ensure that

(1) the premises of and the grounds surrounding the school or shop are kept clean and in good repair, and are free of insects, rodents, and other pests and conditions that are likely to attract or harbor insects, rodents, and other pests; the department may require an owner or operator to hire a commercial pest control applicator certified under 18 AAC 90 to handle an insect, rodent, or other pest problem if the operator does not demonstrate to the department's satisfaction that the operator has adequately controlled the problem with pesticides and traps, or if an imminent health hazard exists; if the department requires a certified commercial pest control applicator under this section, the operator shall provide documentation to the department detailing the actions taken by the applicator;

(2) the school or shop is adequate in size, design, and construction to accommodate the procedures performed in the school or shop and to prevent cross-contamination of cleaned and sanitized surfaces and equipment with soiled surfaces and equipment;

(3) each floor and wall in a procedure area is covered with smooth, durable, nonabsorbent, and easily cleanable material and is kept clean; a carpet may not be used in a procedure area except in a manicuring procedure area; in an area where a carpet is used, it must be vacuumed at a frequency to keep the carpet clean;

(4) each ceiling in the procedure area is light-colored; if acoustical tiles are used, the tiles must be replaced if soiled;

(5) ventilation by natural or mechanical means is provided to keep air fresh and to prevent the accumulation of excessive heat, steam, condensation, vapors, smoke, and fumes; if a mechanical ventilation system is used, the discharge from that ventilation system must comply with 18 AAC 50;

(6) an area separate from the procedure area is provided for janitorial equipment and cleaning supplies;

(7) unless the department has approved an alternate water storage and dispensing system under 18 AAC 23.030(1), hot and cold running water under pressure that can be tempered to a temperature between 100 - 120° F by a mixing valve or combination faucet is provided in a school or shop;

(8) at least one toilet and handsink that is located in a toilet room for client use is installed, maintained, and kept clean; in addition,

(A) each toilet must be connected to a community sewer system if the system is within 200 feet of the structure; if a community sewer system is not available within 200 feet, the method of waste disposal must comply with 18 AAC 72;

(B) toilet paper must be provided in a dispenser in each toilet room;

(D) each handsink must be equipped with

(i) liquid soap; and

(ii) disposable towels or a hand-drying device providing heated air;

(9) each handsink and utility sink is separate and used only for that sink's designated purpose;

(10) storage areas for equipment, instruments, and products are kept clean;

(11) each counter and work surface has a smooth, nonabsorbent, and easily cleanable surface that is kept clean;

(12) at least one covered waste receptacle is provided in each procedure area and one waste receptacle is provided in each toilet room; each waste receptacle must be easily cleanable and kept clean;

(13) an artificial light source equivalent to at least 20 footcandles, evenly distributed, is provided in all areas of the school or shop, except as required in 18 AAC 23.210(a)(3) and 18 AAC 23.320(a)(1);

(14) all equipment, supplies, and products used in the school or shop are used, operated, cleaned, and maintained in accordance with the manufacturer's instructions;

(15) except for fish in aquariums or bowls, a patrol dog accompanying a police officer, or a service animal accompanying an individual with a disability, an animal is not allowed in the school or shop; a patrol dog and service animal must be

(A) under the control of the police officer or the individual with a disability;

(B) kept off any seat; and

(16) a copy of this chapter is available for review by practitioners and employees; and

(17) any manufacturer's recommendations or instructions for all equipment, supplies, and products used in the school or shop are retained on the school or shop premises and are available for department review.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.050 Sterilization procedures

(a) The owner or operator of a school or shop subject to 18 AAC 23.010(b) shall ensure that each non-single-use, non-disposable instrument that is required in this chapter to be cleaned and sterilized is

(1) cleaned either

(A) by hand by

(i) rinsing the instrument in a cold water rinse to remove visible soil;

(ii) soaking the instrument in an enzyme pre-soak before cleaning;

(iii) using warm water and an appropriate detergent;

(iv) rinsing the item thoroughly; and

(v) inspecting the instrument carefully for cleanliness and damage; or

(B) mechanically by

(i) rinsing the instrument in a cold water rinse to remove visible soil;

(ii) soaking the instrument in an enzyme pre-soak before cleaning; and

(iii) placing the instrument directly into an ultrasonic cleaner for a 10-minute cycle or as recommended by the manufacturer;

(2) dried after cleaning and placed in a sterilization pouch that has either a sterilizer indicator or internal temperature indicator; and

(3) sterilized in a sterilizer if a package seal on a sterilization pouch containing an instrument has been broken, that instrument may not be used until it is sterilized again.

(b) If a school or shop uses only single-use, disposable, sterile instruments and products, sterilization in a sterilizer is not required.

(c) The owner or operator shall demonstrate that a sterilizer used in the school or shop is capable of attaining sterilization through a spore destruction test performed every 30 days. These spore destruction tests must

(1) be conducted using a commercially prepared biological sterilization process indicator to culture specifically for Bacillus stearothermophilus for steam sterilizers or Bacillus subtilis for dry heat sterilizers; and

(2) be verified

(A) through a laboratory independent of the school or shop; or

(B) within the school or shop in accordance with the biological sterilization process indicator's manufacturer's instructions.

(d) If a laboratory independent of the school or shop is used to conduct a spore destruction test, the owner or operator must obtain results of that test within 24 hours after performing the test.

(e) If the results of a spore destruction test are positive for the presence of a spore described in (c)(1) of this section, the owner or operator shall ensure that

(1) any instrument processed in that sterilizer is not used on clients until the instrument is resterilized using the procedures in (a) of this section before use; and

(2) the sterilizer is not used until a negative test result is achieved.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

Article 2 Barbering, Hairdressing, Manicuring, or Esthetics Schools and Shops

18 AAC 23.200 Applicability and municipal programs

(a) In addition to the provisions of 18 AAC 23.010 - 18 AAC 23.050 and 18 AAC 23.900 - 18 AAC 23.990, a school or shop where barbering, hairdressing, manicuring, or esthetics is practiced must also comply with the provisions of 18 AAC 23.200 - 18 AAC 23.240.

(b) If the department finds that a municipality's ordinances are at least as stringent as the requirements of 18 AAC 23.010 - 18 AAC 23.050, 18 AAC 23.200 - 18 AAC 23.240, and 18 AAC 23.900 - 18 AAC 23.990, the municipality may provide documentation required under 12 AAC 09.110 to the board.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.210 Premises

(a) In addition to the requirements under 18 AAC 23.040, the owner or operator of a school or shop described in 18 AAC 23.200(a) shall provide

(1) drawers or cabinets with doors for storage of clean linen and cleaned and sanitized equipment;

(2) separate, covered receptacles for dirty linen and waste;

(3) at least 50 footcandles of light measured at the task level where barbering, hairdressing, manicuring, or esthetics is performed; and

(4) for a school or shop constructed or extensively remodeled after December 1, 2002, a utility sink for mopping and general cleaning that is separate from the area where barbering, hairdressing, manicuring, or esthetics is performed.

(b) The owner or operator of a school or shop described in 18 AAC 23.200(a) that is located in a private residence shall ensure that, for a school or shop constructed or extensively remodeled after December 1, 2002, the school or shop is completely separated from the private residence by a solid partition, walls extending from floor to ceiling, or a solid, self-closing door from any room used for human habitation or a room where food is prepared.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.220 Equipment, instruments, and products

(a) The owner or operator of a school or shop described in 18 AAC 23.200(a) shall ensure that

(1) each sanitizer is registered with the department as required under 18 AAC 90 and used in accordance with its label;

(2) a single-use or disposable article is not used on more than one client and is placed in a covered refuse receptacle immediately after use;

(3) a single-use or disposable article is kept in a clean and closed container before use;

(4) any capes are kept clean; if used, a neck strip must be single-use;

(5) all liquids, creams, and other products are kept in clean and closed containers;

(6) each product used or sold in a school or shop is labeled accurately to identify its contents; and

(7) if a client wishes the school or shop to keep that client's personal tools, equipment, or products on hand for future services, that client's personal effects are cleaned and sanitized after use on that client, placed in a clean and closed container that is labeled with that client's name, and are not used on another client.

(b) The use of the following is prohibited:

(1) shaving brushes, shaving mugs, alum, powder puffs, or sponges, unless the articles are single-use articles;

(2) any razor-edged device or tool that is designed to remove calluses;

(3) any needle-like instrument that is used for the purpose of extracting skin blemishes and other similar procedures;

(4) any product that has been banned or restricted by the FDA.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.230 Practitioner hygiene

(a) An owner or operator of a school or shop described in 18 AAC 23.200(a) shall ensure that a person with an infected wound or a disease communicable by touch does not work in any capacity that might transmit that infection or disease to a client. The owner or operator shall instruct each employee to report immediately to the owner or operator an infected wound or a disease communicable by touch.

(b) A practitioner at a school or shop described in 18 AAC 23.200(a) shall wash hands thoroughly with soap and warm water immediately before serving a client and immediately after using the toilet, blowing the nose, or otherwise coming into contact with any body fluid.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.240 Sanitary practices

(a) The owner or operator of a school or shop described in 18 AAC 23.200(a) shall ensure that

(1) each non-single-use, non-disposable item of equipment and instrument is thoroughly cleaned and sanitized after use on each client, and, if applicable, stored in a manner that will prevent cross-contamination; in addition,

(A) if an electric nail drill is used to file nails, the drill bit must be cleaned and sanitized after use on each client; if a sandpaper-type drill bit covering is used, the sandpaper covering must be single-use;

(B) each clipper, vibrator, or other electrical instrument must be cleaned and sanitized after each use on a client; and

(2) each electrolysis needle is cleaned and sterilized in accordance with 18 AAC 23.050 after use on each client;

(3) after a towel has been used on a client, it is placed in a closed receptacle and not used again until laundered either by

(A) commercial laundering; or

(B) non-commercial laundering in a mechanical washing machine using water not less than 140° F;

(4) clean towels are stored in closed cabinets;

(5) if a cosmetic pencil is used, that cosmetic pencil is sharpened with a sharpener designed for that purpose after use on each client; and

(6) if only a portion of a product is used on a client, that portion is removed from the original container in a manner that does not contaminate the original container or the contents of that container.

(b) A practitioner may not perform a procedure on a client whose skin is inflamed or infected, or whose skin shows signs of athlete's foot, eczema, or other infection or disease.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020
Eff. 12/1/2002, Register 164

Article 3 Body Piercing, Tattooing, or Permanent Cosmetic Coloring Shops

18 AAC 23.300 Applicability

(a) Except as provided in (b) of this section, and in addition to the provisions of 18 AAC 23.010 - 18 AAC 23.050 and 18 AAC 23.900 - 18 AAC 23.990, a shop where body piercing, tattooing, or permanent cosmetic coloring is practiced must also comply with 18 AAC 23.300 - 18 AAC 23.360.

(b) In addition to the provisions of 18 AAC 23.900 - 18 AAC 23.990, the owner or operator of a temporary shop licensed under 12 AAC 09 where body piercing, tattooing, or permanent cosmetic coloring is practiced must comply with 18 AAC 23.310 and 18 AAC 23.325.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.305 Requirements adopted by reference

The following requirements are adopted by reference:

(1) United States Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures, in volume 40 (No. RR-8) of the Morbidity and Mortality Weekly Report (MMWR), dated July 12, 1991, pages 1-9;

(2) United States Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), Recommendations for Prevention and Control of Hepatitis C Virus (HCV) Infection and HCV-Related Chronic Disease, in volume 47 (No. RR-19) of the Morbidity and Mortality Weekly Report (MMWR), dated October 16, 1998, pages 1-40.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.310 Certificate of sanitary standards

(a) Except as provided in (g) of this section, a shop described in 18 AAC 23.300 may not operate without a certificate of sanitary standards issued by the department.

(b) The department will issue a certificate of sanitary standards to

(1) an existing, newly constructed, or extensively remodeled shop if the department approves the plans under 18 AAC 23.020, conducts an inspection under 18 AAC 23.905, and determines that the shop is in compliance with this chapter;

(2) a temporary shop if the department receives a complete application on a form provided by the department and determines that the temporary shop will be in compliance with 18 AAC 23.325;

(3) a shop with a change of owner or operator if the department reviews the department's files on the shop, conducts an inspection under 18 AAC 23.905, and determines that the shop is in compliance with this chapter; and

(4) a school or shop subject to 18 AAC 23.010(b) that adds a body piercing, tattooing, or permanent cosmetic coloring procedure, if the department approves the plans under 18 AAC 23.020, conducts an inspection under 18 AAC 23.905, and determines that the school or shop is in compliance with this chapter.

(c) certificate of sanitary standards issued under this section for a shop is valid for one year after the date of issue unless the

(1) department suspends or revokes the certificate;

(2) owner or operator changes;

(3) shop is extensively remodeled; or

(4) shop is a temporary shop; for purposes of this paragraph, a certificate of sanitary standards is valid only for the duration of the convention or special event for which the board issued the temporary shop license under AS 08.13.120(b) and 12 AAC 09.112.

(d) The department will renew a certificate of sanitary standards for a shop other than a temporary shop if the department determines that the shop is in compliance with this chapter after conducting an inspection under 18 AAC 23.905. When determining whether a certificate of sanitary standards will be renewed, the department will consider

(1) any inspection results;

(2) the results of monthly spore destruction tests required in 18 AAC 23.050(c); and

(3) any other information concerning the shop's sanitary practices.

(e) If the department is unable to complete an inspection under 18 AAC 23.905 for the certificate of sanitary standards for a shop before the prior year's certificate expires, the department will extend the prior year's certificate for not more than 60 days unless the department determines that, due to the availability of appropriations from the legislature and the staffing needs of other projects, a longer extension is necessary.

(f) A certificate of sanitary standards is not transferable.

(g) Except for a temporary shop, a shop operating on December 1, 2002 must apply for a certificate of sanitary standards as required under (a) of this section within 90 days after December 1, 2002.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.315 Records and notification requirements

(a) The owner or operator of a shop described in 18 AAC 23.300(a) shall retain on the shop premises and make available to the department

(1) an inventory of instruments and body jewelry, sharps, and inks used for body piercing, tattooing, or permanent cosmetic coloring procedures, including the names of manufacturers and lot numbers, if applicable; invoices or orders may be used to satisfy this requirement;

(2) written sanitary procedures required in 18 AAC 23.340(g);

(3) monthly spore destruction tests required in 18 AAC 23.050(c); and

(4) manufacturer's instructions for equipment used in the shop.

(b) The owner or operator of a shop described in 18 AAC 23.300(a) shall keep a case history card for each client on the shop premises and make these cards available to the department for a period of three years after the date of the client's most recent procedure. The case history cards must include

(1) the client's name, address, and phone number;

(2) the procedure date;

(3) the type of procedure performed;

(4) the location of the procedure on the body;

(5) the name of the practitioner who performed the procedure; and

(6) information regarding an infection or allergic reaction reported to the owner or operator or an employee of the shop after a procedure, including

(A) the site of the infection;

(B) the nature of the allergic reaction;

(D) any recommendation made to the client by the owner, operator, or employee of the shop.

(c) The owner or operator of a shop described in 18 AAC 23.300(a) shall report to the department any infection, allergic reaction, or injury resulting from a procedure that requires a medical referral. The owner or operator shall report the infection, allergic reaction, or injury within 24 hours after the owner or operator or an employee becomes aware that the infection, allergic reaction, or injury requires a medical referral.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.320 Premises

(a) In addition to the requirements under 18 AAC 23.040, the owner or operator of a shop described in 18 AAC 23.300(a) shall

(1) provide an artificial light source equivalent to at least 100 footcandles measured at the task level where a procedure is performed and where instruments and sharps are assembled;

(2) completely separate the shop by a solid partition, walls extending from floor to ceiling, or a solid, self-closing door from

(A) any room used for human habitation or a room where food is prepared;

(B) a school or shop where barbering, hairdressing, manicuring, or esthetics is practiced; or

(C) retail sales or similar activity that may cause potential contamination of procedure surfaces, except that retail sales that are related to the shop may be separated from the procedure area by space sufficient to prevent contamination of procedure surfaces;

(3) provide an area that may be screened from the public view for clients requesting privacy; at a minimum, each body piercing, tattooing, or permanent cosmetic coloring station must be separated from another station by a divider or partition at least six feet high; if a cloth drape is used as a divider or partition, that drape must be kept clean; if a solid divider or partition is used, it must be smooth, easily cleanable, and kept clean;

(4) provide a worktable appropriate for each procedure area that is adequate for each type of procedure performed, smooth and easily cleanable, and kept clean;

(5) provide an area separate from the procedure area for the sterilization of instruments;

(6) provide a separate, readily accessible handsink for the exclusive use of the practitioners for handwashing and for preparing each client for the body piercing, tattooing, or permanent cosmetic coloring procedure; for a shop constructed or extensively remodeled after December 1, 2002, the handsink must be equipped with wrist-, knee-, or foot-operated controls;

(7) equip the shop with sterilizing equipment appropriate to support shop activities in accordance with 18 AAC 23.050;

(8) provide closed storage cabinets for the exclusive storage of instruments, colorants, pigments, carbon, and stencils used in the shop for each procedure area;

(9) post "no smoking" signs in the procedure area that comply with AS l8.35.330(c);

(10) post a sign in a conspicuous location at the main entrance of the shop that states, "A complaint about the sanitation of this shop or the sanitation practices of a practitioner in this shop may be filed with the Department of Environmental Conservation, Division of Environmental Health, 555 Cordova St., Anchorage, AK 99501 or by phone at (907) 269-7501. ;

(11) keep a copy of this chapter on the premises of the school or shop and make this chapter available to each employee, each practitioner, and the public upon request; and

(12) provide an instrument cleaning sink for cleaning instruments and a utility sink for mopping and general cleaning that are separate from the procedure area and from each other and used only for their intended purpose.

(b) Only practitioners and clients may be in the procedure area unless requested or authorized by both the practitioner and the client.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.325 Temporary shops

If the board issues a temporary shop license under AS 08.13.120(b) and 12 AAC 09.112 for a convention or other special event, the owner or operator shall

(1) contain the temporary shop in a completely enclosed, non-mobile facility, such as inside a permanent building;

(2) provide

(A) a procedure area that can be properly cleaned and sanitized; and

(B) equipment to sterilize instruments as required under this chapter and evidence that a spore destruction test in accordance with 18 AAC 23.050 was performed on the sterilization equipment at least 30 days before the date the convention or other special event begins; if equipment to sterilize equipment and instruments as required under this chapter is not available, the practitioner shall use only single-use, prepackaged, sterilized equipment and instruments; and

(3) comply with

(A) the requirements of 18 AAC 23.030;

(B) the toilet and handwashing facilities requirements in 18 AAC 23.040(8) and (9);

(D) waste receptacle requirements in 18 AAC 23.040(12);

(E) equipment, supply, and product use requirements in 18 AAC 23.040(14);

(F) animal control requirements in 18 AAC 23.040(15);

(G) lighting requirements in 18 AAC 23.320(a)(1);

(H) procedure area access provisions in 18 AAC 23.320(b);

(I) waste management requirements in 18 AAC 23.330;

(J) practitioner hygiene requirements in 18 AAC 23.335;

(K) sanitation requirements in 18 AAC 23.340(a)-(f);

(L) body piercing procedure requirements in 18 AAC 23.345; and

(M) tattooing and permanent cosmetic coloring procedure requirements in 18 AAC 23.350.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.330 Waste management

The owner or operator of a shop described in 18 AAC 23.300(a) shall ensure that

(1) medical waste is not commingled with non-medical waste;

(2) medical waste is disposed of in accordance with the requirements of the landfill where the medical waste will be taken;

(3) waste that is stored inside the shop is stored in a durable, easily cleanable container that does not leak or absorb liquid and that is kept clean and emptied into an outside container at least once per week; in addition, the owner shall ensure that

(A) the waste

(i) is not accessible to the public or clients; and

(ii) does not create an odor or attract pests; and

(B) if the waste is stored in a room, the room is

(i) easily cleanable and kept clean;

(ii) not used for another purpose; and

(iii) large enough to store all waste containers;

(4) plastic bags or wet-strength paper bags are of sufficient strength to contain waste safely from the point of origin to the point of disposal and are completely closed or sealed before disposal; a plastic bag or wet-strength paper bag may be used to line a container; and

(5) each outside storage container, including any dumpster, compactor, or compactor system, is easily cleanable, has tight-fitting lids, doors, or covers, and is kept covered and reasonably clean.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.335 Practitioner hygiene

(a) A practitioner shall maintain a high degree of personal cleanliness and conform to good hygienic practices, including

(1) wearing clean outer clothing when performing a procedure; and

(2) keeping fingernails clean and trimmed.

(b) Before applying antiseptics and again before performing a procedure, a practitioner shall thoroughly cleanse that practitioner's hands as often as necessary to remove contaminants and in compliance with all of the following steps:

(1) first, thoroughly scrub hands and fingernails with soap;

(2) second, rinse hands under hot running water for a minimum of 20 seconds;

(3) third, dry hands with disposable paper towels.

(c) While performing a procedure, a practitioner shall wear disposable gloves. Gloves may not be reused. The use of gloves does not preclude or substitute for the hand washing procedures as described in this section.

(d) A practitioner shall immediately take off that practitioner's gloves, discard the contaminated gloves, and wash that practitioner's hands before a fresh pair of gloves are used

(1) if the original gloves are contaminated by contact with any unclean surface or object or when the gloves contact an individual other than the practitioner or client;

(2) if the glove is pierced or torn; or

(3) between clients.

(e) The owner or operator of a shop described in 18 AAC 23.300 shall establish written policies and procedures available for department review for the management of employees, practitioners, or clients who have latex allergies.

(f) A practitioner or shop employee with a boil, an infected wound, an open sore, or a weeping dermatological lesion may not work in any area of a shop in any capacity in which a likelihood exists that that person could contaminate equipment, supplies, or working surfaces.

(g) A practitioner or shop employee shall observe and follow the standards for public service workers regarding personal protective equipment and disposal of medical waste, tools and equipment as set out in Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures, Morbidity and Mortality Weekly Report (MMWR), adopted by reference in 18 AAC 23.305.

History

Authority: AS 08.13.030; AS 08.13.150; AS 44.46.020 AS 08.13.120; AS 08.13.210
Eff. 12/1/2002, Register 164

18 AAC 23.340 Sanitation

(a) An individual may not smoke, eat, or drink in a procedure area.

(b) The owner or operator of a shop described in 18 AAC 23.300 shall ensure that

(1) if blood spills, splatters, or sprays onto a procedure surface, that surface is immediately cleaned and sanitized;

(2) an aluminum foil or plastic cover is used to protect items and surfaces that may become contaminated by blood or saliva during use and that are difficult or impossible to clean and disinfect; the coverings must be removed, discarded, and replaced with a clean covering between clients;

(3) after each use, each procedure surface and client chair or bench is cleaned and sanitized;

(4) each horizontal surface, restroom, and general work surface in the shop is cleaned and sanitized at least daily; and

(5) all storage cabinets are kept clean.

(1) any products applied to the skin, including a tattooing or permanent cosmetic coloring transfer or stencil, is single-use and disposable except that a reusable acetate stencil may be used if the stencil is sanitized after use on each client;

(2) any petroleum jelly, soap, and other product used in the application of stencils is dispensed and applied to the area to be tattooed with sterile gauze, with a sterile tongue depressor, or in a manner that prevents contamination of the original container and its contents; the gauze or tongue depressor must be discarded after a single use;

(3) any single-use material that cannot be sterilized is stored in covered containers; additionally, the practitioner shall

(A) remove any material from the container in a manner to prevent contamination of the original container and the contents; and

(B) discard a single-use item after use on each client; and

(4) if a marker is used to mark the client's skin, the marker is used on cleansed skin or a surgical marking pen that is sanitized by design, such as an alcohol-based ink pen, is used.

(d) A practitioner shall open each package containing a sterile instrument in the presence of the client and handle each instrument in a manner to prevent contamination of that instrument.

(e) A practitioner shall discard any item or instrument that is contaminated by contact with an unclean surface or object or contacts an individual other than the practitioner or client and replace that item or instrument immediately with a sterile item or instrument before the practitioner resumes the procedure.

(f) If the package seal on a single-use, disposable, sterile instrument has been broken, that instrument may not be used.

(g) The owner or operator of a shop described in 18 AAC 23.300(a) shall establish written sanitary procedures available for department review that include

(1) instrument cleaning and sterilization;

(2) cleaning and sanitizing of each procedure area; and

(3) a medical waste management plan in accordance with 18 AAC 23.330 that includes segregation, identification, packaging, storage, transport, treatment, disposal, and contingency planning for blood spills or loss of containment of medical waste.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.345 Body piercing procedures

(a) If a liquid gentian violet is used to mark skin to be pierced, it must be used in a manner that does not contaminate the contents of the original container.

(b) In addition to complying with the applicable requirements of this chapter, a practitioner shall use the following minimum standards for the use of antiseptics for a body piercing procedure:

(1) when performing a body piercing, a practitioner shall clean the external area of the skin to be pierced with antiseptic; the skin must be dry to the touch before the procedure is performed;

(2) in addition, before starting an oral piercing, a practitioner shall instruct the client to use an antiseptic mouthwash vigorously for at least one minute.

(1) made of surgical implant grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium, titanium, platinum, or a dense, low-porosity plastic;

(2) free of nicks, scratches, or irregular surfaces; and

(3) properly sterilized in accordance with 18 AAC 23.050 before use.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.350 Tattooing and permanent cosmetic coloring procedures

(a) A practitioner shall thoroughly wash the area of the client to be tattooed with a disinfecting soap and water.

(b) A practitioner shall use a single-use, disposable razor for shaving the client, when necessary. In addition, a practitioner shall dispose of the razor in accordance with 18 AAC 23.330

(1) as non-medical waste if the client's skin has not broken during shaving; or

(2) as medical waste if the client's skin has broken.

(c) Upon completion of shaving the client's skin, a practitioner shall wash the skin and surrounding area with soap and water. The pad used for washing the skin and surrounding area must be discarded after a single use.

(d) The owner or operator of a shop described in 18 AAC 23.300 shall ensure that

(1) a sterile needle is provided for each client; solder used to attach needles to the needle bars must be lead-free;

(2) a styptic pencil or alum solid is not used;

(3) based on the average client need per day, needles that have been sterilized in accordance with 18 AAC 23.050, tubes, and tips are readily available for each practitioner for the entire day;

(4) any colorant or pigment used in tattooing

(A) is non-toxic, non-irritating to human tissue, stable to light, and inert to tissue human metabolism;

(B) does not contain talc, coal tar, or any known carcinogens; and

(5) a single-use, individual container for colorants or pigments is used for each client;

(6) any excess colorant or pigment applied to the skin is removed with single-use, lint-free paper products; and

(7) when performing a permanent cosmetic coloring eyeliner or eyelash enhancement procedure, a practitioner

(A) thoroughly removes makeup from the skin with a cotton swab, soap and water, eye makeup remover, or petroleum jelly;

(B) has a commercially-available solution that is intended to be used as an eyewash readily available in the procedure area during a procedure;

(C) if cosmetics are applied following a tattooing or permanent cosmetic coloring procedure, uses a single-use, disposable applicator following a permanent cosmetic coloring procedure to avoid possible contamination; and

(D) when using an eyebrow pencil for an eyebrow enhancement procedure, sharpens the pencil between clients.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.360 Ear piercing procedures

(a) Unless an individual is licensed by the board to perform body piercing, an individual performing an ear piercing procedure must use an ear piercing instrument. The ear piercing instrument

(1) may not be used for piercing any part of the body other than the ear lobe or trailing edge of the ear; and

(2) must be made of plastic, stainless steel, or another material that can be disinfected.

(b) The owner or operator of a business that offers ear piercing services shall ensure that

(1) an individual performing an ear piercing procedure maintains a high degree of personal cleanliness, conforms to good hygienic practices, and wears clean outer clothing when performing an ear piercing procedure;

(2) before performing an ear piercing procedure, an individual performing the procedure

(A) thoroughly washes that individual's hands in hot running water using liquid soap;

(B) rinses that individual's hands using hot running water; and

(C) dries that individual's hands using clean disposable paper towels; a waterless hand cleansing agent may be used if handsinks are not readily available; if a waterless hand cleansing agent is used, it must be used in accordance with the manufacturer's instructions;

(3) an individual performing an ear piercing procedure wears disposable gloves on both hands before proceeding with any ear piercing; gloves must be disposed of after use on each client and may not be reused; and

(4) an individual performing an ear piercing procedure cleans and disinfects the entire area of the clasp retainer and all parts of the ear piercing instrument in direct contact with the client's skin using alcohol or a sanitizer recommended by the manufacturer of the ear piercing instrument.

(1) ensure that any new or disinfected ear piercing instrument and tools are stored separately from any used or soiled tools or other instruments;

(2) establish written procedures that are available to the department for review that ensure that an individual performing an ear piercing procedure is adequately trained to use, clean, sanitize, and store the ear piercing instrument properly in accordance with the manufacturer's recommendations;

(3) maintain a file that is available for department review that documents the training described in (2) of this subsection including the name of the trainer, the name of the employee, and the content of the training program for a period of three years after the date of the training;

(4) establish written policies and procedures that are available for department review for the management of employees, practitioners, or clients who have latex allergies; and

(5) retain on the premises and have available for department review any manufacturer's recommendations or instructions for all equipment, supplies, and products used to provide ear piercing services.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

Article 4 Enforcement Procedures and General Provisions

18 AAC 23.900 Waiver of requirements

(a) The department will waive a requirement of this chapter if it finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a waiver must be submitted in writing to the director on forms provided by the department and must

(1) specify the requirement for which the waiver is sought;

(2) state the reason why the requirement cannot be met; and

(3) describe the alternative method proposed to meet the purpose of the requirement.

(c) The department will grant or deny a waiver application, with or without conditions, in writing, within 30 days after it is received.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.905 Inspections

(a) The department may conduct inspections to determine compliance with this chapter.

(b) The owner or operator of a school, shop, or facility subject to this chapter shall allow an employee or agent of the department, after proper identification, to enter and have free access to the school, shop, or facility during reasonable hours to

(1) inspect all or any portion of the school, shop, or facility, including each type of shop required to have a certificate of sanitary standards under 18 AAC 23.310;

(2) inspect all or any portion of any procedure area or other school, shop, or facility supporting or operating in conjunction with the school, shop, or facility being inspected;

(3) examine any record required to be kept under this chapter;

(4) investigate employees' illness or absenteeism if investigating a possible disease outbreak; and

(5) examine equipment, instruments, and products, observe procedures, obtain samples, or conduct tests to ascertain compliance with this chapter.

(c) During an inspection conducted under this section, the inspector shall record the findings on a form developed by the department, including a brief statement of the specific problem and required correction, and a time period for the correction of the violation. A separate form shall be used for each type of operation inspected.

(d) After an inspection in which a violation is noted, the owner or operator shall correct violations as follows:

(1) a critical violation must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and protection of public health, the department may designate a correction period of up to 15 days on the form;

(2) a violation other than a critical violation must be corrected within 30 days after the date on the form; if the department agrees that correction within 30 days is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and the protection of public health, the department may designate a longer period of time on the form.

(e) The owner or operator of a school, shop, or facility shall notify the department in writing when the owner or operator has corrected a critical violation. The department may, subject to the availability of appropriations from the legislature and the staffing needs of other projects, conduct a reinspection to confirm correction.

(f) The department will review inspection findings under 18 AAC 23.915, if the owner or operator of a school, shop, or facility submits a written request within 14 days after receiving the finding.

(g) The owner or operator shall post the most recent inspection report completed by the department in a conspicuous location for review by each employee and the public.

(h) The completed inspection report is a public record. The department will, if it determines that publication serves the interests of public health, publish reports or ratings in a newspaper or on the department's Internet web site. The department will forward copies of all completed inspection reports to the owner or operator and to the board.

(i) The department will report any suspected violations of 8 AAC 61.1010 to the Department of Labor and Workforce Development.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.910 Certificate suspension, notice to stop operating, and school or shop closure

(a) The department may, without prior warning, notice, or hearing, suspend a certificate of sanitary standards and require that the shop immediately stop operating if

(1) an imminent health hazard exists;

(2) multiple or repeated critical violations are noted during

(A) an inspection under 18 AAC 23.905(a);

(B) a reinspection required under 18 AAC 23.905(e); or

(3) the owner or operator or an employee of the shop interferes with a department employee or agent in the performance of official duties.

(b) The department may, without prior warning, notice, or hearing, issue a notice to stop operating to a school, shop, or facility subject to this chapter and require that the school, shop, or facility immediately stop operating if

(1) an imminent health hazard exists;

(2) the owner or operator of a shop fails to submit an application for a certificate of sanitary standards as required by 18 AAC 23.310; or

(3) the owner or operator of a shop applied for but was not granted a certificate of sanitary standards under 18 AAC 23.310.

(c) In a suspension issued under (a) of this section and a notice to stop operating issued under (b) of this section, the department will include

(1) the department's written findings;

(2) a description of the procedures under (f) of this section for the owner or operator to request a reinspection or a statement that the department entered into a compliance agreement with the owner or operator; and

(3) a description of the procedures under (g) of this section for the owner or operator to request that the department schedule a hearing.

(d) The department may issue a notice of closure to a school or shop if

(1) the owner or operator fails to submit plans as required by 18 AAC 23.020, or an inspection form indicates that construction or renovation at the school or shop is not in substantial compliance with this chapter; or

(2) multiple or repeated serious violations of any requirement of this chapter occur.

(e) In a notice of closure issued under (d) of this section, the department will include

(1) the department's written findings;

(2) a statement that the notice of closure is effective 30 days after the date of the notice;

(3) a statement that the owner or operator may not continue to operate after the effective date of the notice;

(4) a description of the procedures under (f) of this section for the owner or operator to request a reinspection or a statement that the department entered into a compliance agreement with the owner or operator; and

(5) a description of the procedures under (g) of this section for the owner or operator to request the department schedule a hearing.

(f) If an owner or operator is required to stop operating under this section, the owner or operator may not resume operating until a reinspection shows that the violations that caused the suspension, closure, or stoppage no longer exist, or until the owner or operator enters into a compliance agreement with the department regarding those violations. The owner or operator may

(1) request a reinspection concurrent with a request for a hearing under (g) of this section; or

(2) offer to enter into a compliance agreement with the department concurrent with a request for a hearing under (g) of this section; the department will, if public health is protected and the purposes of this chapter are otherwise satisfied, accept a compliance agreement with the owner or operator that

(A) establishes a schedule for correcting any violations; and

(B) schedules a reinspection to confirm correction.

(g) After suspending a certificate of sanitary standards under (a) of this section, issuing a notice to stop operating under (b) of this section, or issuing a notice of closure under (d) of this section, the department will provide an opportunity for a hearing as follows:

(1) the owner or operator may request, in writing, a hearing under this subsection by serving, not later than 10 days after receiving a notice of suspension, notice to stop operating, or notice of closure, a request on the department and the office of administrative hearings (AS 44.64.010);

(2) if a timely request for a hearing under (1) of this subsection is made, the office of administrative hearings will hold the hearing within 14 days after receipt of the hearing request;

(3) a hearing under this subsection will be conducted before an administrative law judge of the office of administrative hearings who will hear the matter and prepare a recommended decision for review by the commissioner or by the commissioner's designee if the designee is a person other than the person who issued the contested decision;

(4) in hearing under this subsection, the burden of proof and of going forward with the evidence is upon the division assigned to environmental health within the department;

(5) after a hearing under this subsection, the commissioner or designee will affirm, modify, or set aside the suspension, notice to stop operating, or notice of closure.

(h) The department will notify the board of any actions taken under this section.

(i) Repealed 11/5/2017.

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164; am 11/5/2017, Register 224

18 AAC 23.915 Informal review of noncompliance decision

The owner or operator of a school, shop, or facility subject to this chapter may request an informal review under 18 AAC 15.185 regarding that owner or operator's noncompliance with this chapter. This section does not affect a person's right to a hearing under AS 44.62 (Administrative Procedure Act).

History

Authority: AS 08.13.030; AS 08.13.210 AS 08.13.120; AS 44.46.020
Eff. 12/1/2002, Register 164

18 AAC 23.990 Definitions

Unless the context indicates otherwise, in this chapter,

(1) "adequate" means necessary to accomplish the intended purpose in keeping with good public health practices;

(2) "antiseptic" means an agent that destroys disease-causing microorganisms on human skin or mucosa;

(3) "approved" or "approval" means approved in writing by, or the written approval of, the department;

(4) "barbering" has the meaning given in AS 08.13.220;

(5) "biological sterilization process indicator" means a device

(A) to accompany products being sterilized through a sterilization procedure and to monitor adequacy of sterilization;

(B) that is designed and labeled as an FDA Class II medical device; and

(C) that consists of a known number of microorganisms, of known resistance to the mode of sterilization, in or on a carrier and enclosed in a protective package; subsequent growth or failure of the microorganisms to grow under suitable conditions indicates the adequacy of sterilization;

(6) "board" means the Board of Barbers and Hairdressers;

(7) "body piercing" has the meaning given in AS 08.13.220;

(8) "clean" or "cleaned" means, with regard to equipment or instruments, made free of soil, or to make free of soil, by

(A) washing in warm, soapy water and rinsing; or

(B) using another approved method if using water is inappropriate for the equipment or instrument being cleaned;

(9) "critical violation" means

(A) insufficient facilities and equipment to support the type of procedures performed;

(B) a practitioner working in a school or shop with a communicable disease, acute respiratory infection, or who has a disease communicable by touch;

(C) a person working in a school or shop who is not practicing standards of cleanliness and personal hygiene as required by this chapter, and the results of which might be a disease communicable by touch;

(D) contact surfaces of equipment or non-single-use instruments that are not cleaned and sanitized effectively to minimize cross-contamination of cleaned or sanitized equipment or instruments from soiled equipment or instruments;

(E) a water supply that

(i) is not in compliance with 18 AAC 23.030;

(ii) does not provide hot and cold running water under pressure as required by this chapter; or

(iii) has a cross-connection with a nonpotable supply or a back siphonage potential;

(F) sewage or liquid waste that is not disposed of in compliance with 18 AAC 23.030;

(G) toilets and handwashing facilities not installed or inaccessible;

(H) insects, rodents, or other animals that are on the premises, except as allowed by 18 AAC 23.040(15);

(I) poisonous or toxic material that is improperly labeled, stored, or used;

(J) a disease or illness associated with operation of the school or shop; and

(K) non-single-use, non-disposable instruments that are required to be cleaned and sterilized that have not been cleaned and sterilized in accordance with 18 AAC 23.050;

(10) "department" means the Department of Environmental Conservation;

(11) "director" means the director of the division assigned to environmental health within the department;

(12) "disinfect" means to destroy disease-causing microorganisms on inanimate objects or surfaces and render those objects or surfaces safe for use or handling by use of an appropriate disinfection agent registered and used in accordance with 18 AAC 90;

(13) "ear piercing" means puncturing the trailing edge or lobe of the ear, using an ear piercing instrument, and following manufacturer instructions;

(14) "ear piercing instrument" means a hand-held tool

(A) manufactured exclusively for piercing the earlobe, or trailing edge of the ear; and

(B) into which a sterile, single-use stud and clasp is placed and inserted into the earlobe by a hand-squeezed or spring-loaded action to create a permanent hole;

(15) "easily cleanable" means readily accessible and designed so that residue may be effectively removed by normal cleaning methods;

(16) "electrolysis" means a method of hair removal where galvanic current or high-frequency thermolysis is applied to the hair follicle using a tiny steel probe, resulting in the electrolytic formation of lye in the follicle itself to remove hair permanently;

(17) "equipment" means machinery, apparatus, and appurtenances used in connection with the operation of a shop; "equipment" includes fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, and sinks;

(18) "esthetics" has the meaning given in AS 08.13.220;

(19) "extensively remodeled" means modified or improved at an expense equal to or exceeding 25 percent of the taxable value of the school or shop before initiation of the modification or improvement;

(20) "FDA" means the United States Food and Drug Administration;

(21) "facility" means premises used for conducting ear piercing services;

(22) "footcandles" means the illumination

(A) on a surface one square foot in area on which a flux of one lumen is uniformly distributed; or

(B) produced on a surface all points of which are at a distance of one foot from a directionally uniform point source of one candela;

(23) "gloves" means items that are

(A) made of natural rubber, vinyl, or synthetic material, including neoprene, polyvinyl chloride, and styrene butadiene;

(B) worn on the practitioner's hands to prevent contamination between client and practitioner; and

(24) "hairdressing" has the meaning given in AS 08.13.220;

(25) "handsink" means a lavatory

(A) equipped with hot and cold running water under pressure that can be tempered to a temperature between 100 - 120° F by a mixing valve or combination faucet; and

(B) used solely for washing hands, arms, or other portions of the body;

(26) "imminent health hazard" means a condition with the potential to affect public health adversely; "imminent health hazard" includes

(A) the extended loss of a potable water supply;

(B) an extended power outage;

(D) a natural disaster;

(E) an employee sick with a disease communicable by touch;

(F) a disease or illness associated with the operation of the school or shop; and

(G) a major insect or rodent infestation;

(27) "instrument used for body piercing, tattooing, or permanent cosmetic coloring" means hand pieces, needles, needle bars, insertion tapers, forceps, hemostats, tweezers, and other implements that may come in contact with a client's body or have possible exposure to bodily fluids during body piercing, tattooing, or permanent cosmetic coloring procedures;

(28) "jewelry" means a personal ornament inserted into a newly pierced area;

(29) "liquid gentian violet" means a dye derived from triphenylmethane that is used as a topical anti-infective and as a stain;

(30) "manicuring" has the meaning given in AS 08.13.220;

(31) "medical waste" has the meaning given in 18 AAC 60.990;

(32) "owner or operator" means a person who controls, operates, manages, or conducts barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, permanent cosmetic coloring, or ear piercing activities at a school, shop, or facility; "owner or operator" includes a practitioner;

(33) "oral piercing" means piercing the cheek, the side of the mouth, the tongue, or any body part inside the mouth;

(34) "permanent cosmetic coloring" has the meaning given the term "tattooing and permanent cosmetic coloring" in AS 08.13.220;

(35) "practitioner" has the meaning given in AS 08.13.220;

(36) "premises" means a place or location used in conjunction with the activities of a school or shop described in this chapter; "premises" includes all or portions of structures, land, vehicles, equipment, instruments, supplies, a water supply, a wastewater system, and plumbing;

(37) "procedure" means barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, or permanent cosmetic coloring;

(38) "procedure area" means an area or station where barbering, hairdressing, manicuring, esthetics, body piercing, tattooing, permanent cosmetic coloring, or ear piercing is performed;

(39) "procedure surface" means

(A) the surface of an inanimate object that contacts the client's unclothed body during a body piercing, tattooing, or permanent cosmetic coloring procedure;

(B) the area of skin adjacent to and including the body piercing, tattooing, or permanent cosmetic coloring procedure site; and

(40) "protected storage" means storage in closed containers or compartments protected from dust, dirt, and other contaminants;

(41) "sanitize" means to reduce the number of microorganisms on cleaned surfaces and equipment to a safe level by application of an appropriate sanitizing agent that is registered as required under 18 AAC 90;

(42) "school" means premises used to teach barbering, hairdressing, manicuring, or esthetics that includes barber schools, barber colleges, beauty schools, or beauty colleges;

(43) "sharps" means sterile or contaminated objects that can purposefully or accidentally cut or penetrate the skin or mucosa; "sharps" includes pre-sterilized, single-use needles, scalpel blades, and razor blades;

(44) "sharps container" means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal;

(45) "shop" has the meaning given in AS 08.13.220;

(46) "single-use" means intended for one-time use upon one individual and disposed of after use on each client;

(47) "sterilization" means a process resulting in the destruction of all forms of microbial life, including highly-resistant bacterial spores;

(48) "sterilizer" means a steam autoclave or dry heat sterilizer that is

(A) used to sterilize medical instruments for the destruction of microorganisms and their spores; and

(B) designed and labeled by the manufacturer as an FDA Class II medical device;

(49) "tattooing" has the meaning given the term "tattooing and permanent cosmetic coloring" in AS 08.13.220;

(50) "temporary shop" means a shop for which the owner or operator has been issued a temporary shop license by the board under AS 08.13.120(b) and 12 AAC 09.112;

(51) "tip" means the stainless steel replacement part that attaches to the body of the tube of a tattoo instrument;

(52) "tube" means the stainless steel component that is attached to a tattoo instrument and the tip; and

(53) "ultrasonic cleaner" means a device that is

(A) intended for cleaning instruments by the emission of high-frequency sound waves; and

(B) designed and labeled by the manufacturer as an FDA Class I medical device.

History

Authority: AS 08.13.030; AS 08.13.210; AS 44.46.020 AS 08.13.120; AS 08.13.220
Eff. 12/1/2002, Register 164

Chapter 30 Environmental Sanitation

Eff. 4/18/82, Register 82; am 2/19/93, Register 125; repealed 5/18/97, Register 142

Eff. 4/18/82, Register 82; repealed 5/18/97, Register 142

Article 3 Schools

18 AAC 30.300 Applicability

The provisions of 18 AAC 30.300 - 18 AAC 30.390 apply to a public, private, or parochial school or facility used for school instruction from kindergarten through 12th grade.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.310 School grounds

(a) School grounds must contain sufficient area to accommodate school buildings, possible expansion, approaches, and play areas.

(b) Finished grade must permit drainage of the school grounds.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.320 Buildings

(a) Schools must be kept clean and in good repair.

(b) Stairways and steps must have handrails and nonslip treads or coverings.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.330 Heating

(a) Classrooms must be kept at a minimum temperature of 65 degrees F. at desktop level.

(b) The heating system in a school must be installed in a manner which prevents drafts from being directed on students.

(c) Heat sources in a school must be shielded in a manner that prevents burn injury. The shield must be far enough from the heat source to prevent it from smoldering or burning.

(d) Heating units and other devices which employ a flame must be vented to the outside. Vents or stacks leading from a heating unit must be airtight at all joints so that fumes, smoke, or unburned gases cannot pass from the device, vent, or stack into the school.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.340 Lighting

Lighting in a school must meet the following standards:

(1) general use classrooms and shops - 50 footcandles at task level;

(2) drafting rooms and sewing rooms - 100 footcandles at task level;

(3) corridors, stairways, and locker rooms - 20 footcandles, measured 30 inches from the floor.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.350 Sanitary installations

(a) A school operator shall ensure that the school has sanitary installations and accommodations which comply with the provisions of (b) - (d) of this section.

(b) Toilets and lavatories must be installed and maintained in a school as provided by 18 AAC 30.630 - 18 AAC 30.650.

(d) Hot-water temperature controls must be provided and maintained so that water delivered to plumbing fixtures is at least 100 degrees F. and no more than 120 degrees F.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.360 Showers and locker rooms

(a) Showers must be provided for physical education classes for grades seven through 12. There must be a minimum of one showerhead for every eight students based upon the maximum demand during a period. An automatically controlled hot-water supply of 100 degrees F. to 120 degrees F. must be provided. Shower and drying areas must be constructed with water-impervious nonskid floors. Walls must be water-impervious up to showerhead height.

(b) Drying areas must be provided adjacent to showers and locker rooms. Walls and ceilings must be smooth and easily cleanable.

(d) Locker and dressing room floors must have water-impervious surfaces and floor drains. Locker and dressing room floors must slope uniformly, a minimum of one-fourth inch per foot, to drains.

(e) Locker and dressing room areas constructed after the effective date of 18 AAC 30.300 - 18 AAC 30.390 must be provided with hot and cold keyed hose bibs for washdown purposes.

(f) Showers, drying areas, locker rooms, and physical education clothing-storage areas must be ventilated by mechanical exhaust systems.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.370 Safety

(a) A school must be free of safety hazards. The department will, in its discretion, require the immediate removal of a hazardous object or condition.

(b) If vocational or laboratory programs are provided which may create vapors, fumes, or other hazards, ventilation and personal protection and safety equipment must be provided.

(c) If pesticides are used in a school, they must be used according to their registered label instructions and stored in a locked area, separate from other items.

(d) Poisonous or dangerous chemicals and compounds must be labeled and stored in a locked area, separate from other items.

(e) No person affected with a communicable disease or who is a carrier of such a disease may work in a school.

(f) The department will, in its discretion, close all or part of a school in which a condition exists which places the health or safety of students in unwarranted jeopardy.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.380 Maintenance

(a) Schools and school grounds must be kept clean and orderly.

(b) A room or area must be provided for janitorial equipment and cleaning supplies.

(d) Hazardous cleaning solutions and substances must be properly labeled and stored in a locked place.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.390 Definitions

In 18 AAC 30.300 - 18 AAC 30.390, "school" means a public, private, or parochial school or facility used for school instruction from kindergarten through 12th grade.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

Article 4 Public Accommodations

18 AAC 30.400 Applicability

The provisions of 18 AAC 30.400 - 18 AAC 30.470 apply to a building, structure, or space used by or offered to the public where sleeping accommodations are provided to transient or permanent guests, including hotels and motels, motor courts, lodges, tourist camps, parks, tents, cottages, trailers, and camper or recreational vehicle parks, but not including private housing for lease or rent.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.410 Buildings and grounds

(a) A public accommodation must be kept free of

(1) obvious defects which may affect the health and safety of occupants; and

(2) conditions favorable to the attraction, harborage, or breeding of insects or rodents.

(b) Rooms other than tents used for sleeping must

(1) have a minimum volume of 400 cubic feet per occupant in permanent buildings; and

(2) have opening windows which, during an insect season, are covered with screens of not less than 16 mesh to the inch.

(c) Separate areas in a public accommodation must be provided for storage of clean linen and janitorial supplies. The storage areas must have easily cleanable shelves and provide at least 10 footcandles of light at 30 inches from the floor.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.420 Water supply

Public accommodation facilities for vehicles or trailers must have at least one water tap to provide water for guests and to wash down sanitary disposal stations.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.430 Wastewater disposal

Public accommodation facilities for vehicles or trailers with wastewater holding tanks must install sanitary disposal stations approved by the department.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.440 Sanitary installations

Toilet facilities and lavatories must be installed and maintained at a public accommodation as provided in 18 AAC 30.630 - 18 AAC 30.650.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.450 Sanitary practices

(a) Drinking cups or glasses supplied in public accommodations must be washed and sanitized after each occupancy unless they are single-service and are disposable.

(b) Toilets and bathrooms in public accommodations must be cleaned and sanitized daily during periods of use. Plumbing fixtures must be kept clean and in good repair.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.460 Permits

Repealed.

History

Eff. 4/18/82, Register 82; repealed 8/15/2010, Register 195

18 AAC 30.470 Definitions

In 18 AAC 30.400 - 18 AAC 30.470, "public accommodation" means a building, structure, or space used by or offered to the public where sleeping accommodations are provided to transient or permanent guests, including hotels, motels, motor courts, lodges, tourist camps, parks, tents, cottages, trailers, and camper or recreational vehicle parks, but not including private housing for lease or rent.

History

Authority: AS 18.35.030; AS 44.46.020
Eff. 4/18/82, Register 82

Article 5 Public Swimming Pools and Spas

18 AAC 30.500 Applicability

(a) Subject to (b) and (c) of this section, 18 AAC 30.500 - 18 AAC 30.570, 18 AAC 30.580, and 18 AAC 30.590 apply to the construction and operation of public swimming pools and spas as defined in 18 AAC 30.590.

(b) Except as provided in (c) of this section, 18 AAC 30.510 - 18 AAC 30.535 apply only to pools built after June 4, 1983.

(c) 18 AAC 30.510(o) and (q); 18 AAC 30.515(b)(1), (b)(2) and (e); 18 AAC 30.520(c); 18 AAC 30.535(d)(1), (d)(2), and (g); 18 AAC 30.545(a); 18 AAC 30.570(d); and 18 AAC 30.580(c) apply only to pools and spas built or extensively remodeled after 12/23/93.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.510 Design and materials

(a) Nonabsorbent materials must be used to construct pools or pool decks. Mildly abrasive, nonslip surfaces must be used on pool decks, steps, ramps, and diving boards. Pools and pool decks must be constructed of light-colored, durable, and nonabsorbent materials that are nontoxic to humans and the environment.

(b) Decks, side walls, bottom surfaces, gutters, and components must have smooth, easily cleanable surfaces without sharp edges or protrusions.

(d) Steps and ladders must provide easy access to both ends of the pool and must drain completely when the pool is emptied. Step risers must be no higher than 12 inches, and must be uniform in height, except that the bottom riser may be less than the uniform height.

(e) Aluminum pools must be designed and maintained to minimize the effects of electrolysis. Anodes and cathodes must be installed and maintained in aluminum pools.

(f) An absolute separation is required between the pool deck and the spectator area. There must be no means by which bathers can directly enter the spectator area, or by which spectators can directly enter the pool deck.

(g) Entrances to the pool deck from locker rooms must be at the shallow end of the pool.

(h) The ventilation system in a pool enclosure must provide a minimum rate of 20 cubic feet per person per minute, or six complete air exchanges per hour, whichever is greater. The ventilation system must prevent direct drafts on bathers and must minimize condensation.

(i) Natatorium lighting must be designed to permit the replacement of light bulbs or tubes.

(j) The circulation system must be designed for 100 percent flow through the overflow channels and 100 percent flow through the main drains. During normal operations the overflow channels must use at least 60 percent of the return flow.

(k) Hose bibs with back siphonage preventers must be used around the deck so that all parts of the deck may be reached with a 50-foot hose.

(l) At least one drinking fountain is required within the pool enclosure.

(m) Diatomaceous earth filters must have a maximum flow rate as recommended by NSF Standard 50, Swimming Pools, Spas, or Hot Tubs Circulation System Components, dated June 1, 1992, the requirements of which are incorporated by reference in this chapter, and in no case may exceed 1.5 gal/ft2/min. Rapid sand filters must have a maximum flow rate of 3 gal/ft2/min. High rate sand filters may not exceed flow rates of 20 gal/ft2/min. unless approved by the department. Each pressure filter must have a pressure gauge on each side of the pressure filter (influent and effluent); or, for a vacuum filter, one pressure gauge after the filter but before the pump. In addition, each filter must have a gauge measuring the rate of flow through the filter system. This gauge must be installed in a readily visible location, have a scale range approximately one-half times the design flow rate, and be accurate to within 10 percent of the true flow.

(n) Pools built after June 4, 1983 must have a continuous disinfection system with an automatic sensor control.

(o) Plans submitted under 18 AAC 30.950(a), including floor plans, specifications, and reports, must contain information sufficient to demonstrate to the department that the proposed pool or improvements will comply with this chapter. The plans must be to scale, and must

(1) include a floor plan showing the location of the pool, deck, dressing rooms, spectator area, mechanical room, and all other areas and rooms provided in conjunction with the pool facility; and

(2) clearly describe

(A) construction materials and finishes of floors, walls, and ceilings;

(B) type and placement of light fixtures;

(D) pool construction materials, dimensions, slopes, area, and volume;

(E) flow rate, turnover, and filtration rate;

(F) anticipated maximum and average swimmer load;

(G) analyses of the source, quantity, and quality of the water supply, as determined under 18 AAC 80.250, including analyses of the alkalinity, pH, iron, and manganese;

(H) the filtration system recirculation equipment, and piping, including

(i) hydraulic computations that include head loss;

(ii) pump curves showing that the proposed recirculation pump will adequately handle proposed flows;

(iii) schematic diagrams, including plan and elevation views; and

(iv) construction details, including dimensions, appropriate cross sections, and color coding of the piping; and

(I) complete, detailed specifications for all other equipment, components, fixtures, and furnishings to be installed at the pool facility.

(p) Changes to or replacements of fixed or installed equipment must meet the requirements of this chapter unless the replacement is an exact duplicate of the unit being replaced, and the unit being replaced met the requirements of this chapter when it was installed.

(q) Exposed piping in pools and spas must be color-coded according to the color scheme set out in Table A of this section. If any two colors do not have sufficient contrast to easily distinguish between them, a six-inch band of contrasting color must be painted on one or more of the pipes at approximately 30-inch intervals. The name of the liquid or gas and arrows indicating direction of flow must be painted on the pipe.

TABLE A COLOR-CODING REQUIREMENTS PIPING COLOR CODE Potable Water LinesDark BlueRecirculationFilteredAquaSkimmer or gutter returnOlive greenMain DrainBlackChemical LinesAlumOrangeChlorine (Gas & Solution)YellowSoda AshWhiteAcidPinkWaste LinesBackwash WasteDark BrownSewer (Sanitary or other)Dark GrayDeck DrainsLight BrownOtherCompressed AirDark GreenGasGreen

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.515 Shape, slope, and depth

(a) Decks must slope away from the pool to perimeter deck drains to prevent debris from being washed into the gutter return system. Decks may not slope more than a ratio of 1:24.

(b) Pool bottoms may not slope more than a ratio of 1:8, unless the edge of a steeper slope is clearly marked by a floating safety line or permanent barrier. The safety line must be kept in place at all times, except when the pool is used for lap swimming or competition and is closed to the general public. The safety line or permanent barrier must be placed one foot toward the shallow end, away from the break point line, and must be strung tightly to allow a swimmer to hold onto the line. Underwater ledges are prohibited. Pool sides must be vertical

(1) to a water depth of at least six feet; or

(2) for a distance of 2.5 feet below the water level, below which the wall must be curved to the bottom with a radius not to exceed

(A) at the 3-foot depth, a 6-inch radius cove at the base of a 2.5-foot vertical section;

(B) at the 3.5-foot depth, a one-foot radius cove at the base of a 2.5-foot vertical section; and

(C) at the 5-foot depth, a 1.5-foot radius cove at the base of a 3.5-foot vertical section; from this point, the springline or point of departure from vertical may rise through an 8-foot transitional zone, measured horizontally, to a typical deep end wall design consisting of at least a 2.5-foot vertical section, with a curved section from that point meeting the floor of the pool; the requirements of this paragraph are indicated on Table B of this subsection.

TABLE B MAXIMUM RADIUS COVING OF POOL INTRUSION

DIMENSIONS BETWEEN POOL FLOOR AND WALLS Pool Depth 2 ft. 3 ft. 3.5 ft. 5 ft. >5 ft. Minimum

Sidewall

Vertical

Depth

(Springline)1.5 ft.2 ft., 2 in.2.5 ft.3.5 ft.>3.5 ft.Maximum

Radius of

Curvature

6 in.

10 in.

1.0 ft.

1.5 ft.

** Maximum radius equals pool depth minus the vertical wall depth. Radius of coving may not intrude into pool within diving envelope.Note: For pool depths falling between the depths listed in this table, values may be interpolated.

(d) The ratio of the area of the pool deck to the surface of the pool water must be at least 1:1.

(e) The dimension in the diving area of a pool must conform to Table C of this subsection.

TABLE C DIVING AREA DIMENSION REQUIREMENTS Height of board

(in meters) Minimum water

depth at end of

board and 12 ft.

beyond Horizontal

separation

between board,

tower, and side

walls

Unobstructed

head room

above diving

board/tower 0.0 - 2.0 m.11 ft., 10 in.10 ft.16 ft., 6 in.2.1 - 3.0 m.12 ft., 6 in.10 ft.16 ft., 6 in.3.1 m. or higher15 ft.10 ft.16 ft., 6 in.

(f) Water depth must be clearly and durably marked on the pool walls and deck in numerals at least four inches high with a color-contrasting background. The depth of the water in the pool must be plainly marked at or above the water surface on the vertical pool wall. Depth markers must be

(1) installed on the edge of the deck or walk next to the pool, at maximum and minimum depths, at each point where the pool depth drops more than one foot, and at intermediate one-foot increments of depth; and

(2) placed at intervals not greater than 25 feet around the perimeter of the pool.

(g) The words "NO DIVING" must be clearly and durably printed on the deck where depths are less than five feet. Lettering must be at least four inches high with a color-contrasting background.

(h) If depth markers cannot be placed on the vertical walls above the water level, other markings that are plainly visible to persons in the pool must be used. The depth in the diving areas must be clearly marked.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.520 Inlets and outlets

(a) Inlets for fresh or repurified water must be placed to allow uniform circulation of water and maintain a uniform disinfectant residual throughout the pool. Inlets must be submerged at least 18 inches below the water surface to reduce the escape of chlorine or other disinfectants. Pools installed after 12/23/93 must be tested by the operator with a crystal violet water distribution test or its equivalent to determine and adjust the recirculation pattern. This test must be conducted in the presence of a department representative, and must be approved by the department.

(b) Anti-vortex main drains must be used in the deepest part of the pool and must be covered with grates that cannot be easily broken or removed by bathers. The maximum velocity of water passing through the drain may not exceed 1.25 ft/sec at 100 percent of the design flow rate.

(c) If the pool is more than 30 feet wide, multiple main drain outlets must be provided. These outlets must be spaced not more than 20 feet apart, nor more than six feet from the side walls of the pool.

(d) Fill and draw pools are prohibited. Flow-through pools will, in the department's discretion, be allowed, if a waiver of provisions is granted under 18 AAC 30.955.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.530 Electrical

(a) Lighting fixtures must illuminate all parts of the pool enclosure and the water in the pool. The lighting intensity measured at a point 30 inches above the pool deck must be at least 50 footcandles. If underwater lighting of at least 100 lamp lumens/ft2 is provided, the minimum intensity of the overhead lighting may be reduced to 30 footcandles. Arrangement and design of lighting fixtures must permit lifeguards to clearly see all pool waters, walkways, springboards, and other fixtures. If underwater lighting is used, the lights may not create a hazard to bathers.

(b) Pool wiring on the deck, or where exposed to water, must be of the ground fault interruptor type.

(c) Booster pumps used with the chlorinator must use pool water from the circulation system. The booster pump must be wired with the circulation pump to prevent feeding chlorine when the circulation pump is not running. A solenoid check valve must be wired into the same system to prevent the flow of water in the chlorine ejection line when the booster pump is not operating.

(d) Electrical vacuum pumps must be grounded.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.535 Circulation and filtration

(a) A pool must have a complete circulation system, including pumping equipment, filters, balancing tanks, valves, pipe connections to the inlets and outlets of the pool, and provisions for cleaning the filters.

(b) At least three turnovers of the pool water are required every 24 hours.

(d) Hair and lint catchers must be used in pressure filter systems and must be

(1) corrosion-resistant, with openings to provide a free flow area at least four times the area of the pump suction line; and

(2) readily accessible for frequent cleaning.

(e) The piping system of a pool must be built to prevent

(1) wastewater from entering the circulation system of the pool; and

(2) water from the circulation system from entering the make-up water supply.

(f) Water velocity in pipes may not exceed six feet per second.

(g) Balancing tanks are required on all filter systems. For pools built or extensively remodeled after 12/23/93, the capacity, in gallons, must be 15 times the maximum bathing load. Vacuum filter systems may use a combination surge/filter tank.

(h) The size of the circulation pump is determined from total dynamic head including maximum head loss through the filter, and from velocities required for backwashing.

(i) The department will, in its discretion, waive circulation system requirements for flow-through pools if

(1) the water supply provides at least three turnovers of the pool water every 24 hours;

(2) the water supply meets the requirements of 18 AAC 70.020 for contact recreation and 18 AAC 30.550, and is disinfected as set out in 18 AAC 30.540;

(3) fresh treated water is introduced into the pool by the same type of inlet design required by 18 AAC 30.520(a); and

(4) drain outlets meet the requirements of 18 AAC 30.520(c).

(j) Filters must completely drain by gravity.

(k) If diatomaceous earth filters are used, disposal of the used diatomaceous earth must be approved by the department.

(l) Cartridge filters will, in the department's discretion, be allowed, if a waiver of provisions is granted under 18 AAC 30.955.

(m) Sand filters must be physically inspected by the operator at least once each year for channeling, buildup, compaction, or other flow resistance factors. Filter media must be replaced, if channeling, buildup, compaction, or any other flow resistance factor is observed. All inspection dates and results must be noted by the operator on the pool log.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.540 Disinfection

(a) Disinfectant must be added to the pool water return line downstream of other equipment and as far from the pool as possible.

(b) If gas chlorine is used for disinfection, the gas chlorinator and cylinder must be operated from a separate heat-controlled, outside room located at or above ground level, with a door that opens only from the outside. The chlorine room must be clearly marked and vented by a fan which draws from floor level and discharges at a point at least seven feet high and opposite the doorway. The discharge point must not contaminate other air vents, and must not present a hazard to users of the pool natatorium. In addition,

(1) a chlorine room must be nearly airtight, except for ventilation, and must be built of corrosion-resistant materials;

(2) a chlorine room must have a shatterproof, airtight inspection window;

(3) the minimum air exchange rate must be one chlorine room volume per minute;

(4) electrical switches for lights and fan must be outside the chlorine room door;

(5) platform scales, a self-contained breathing apparatus (air pack), and a chlorine cylinder repair kit must be provided; the air pack must be stored outside the chlorine room and be available for emergency use; at least one pool attendant or lifeguard familiar with the air pack operation must be on site whenever the pool is open for public use;

(6) new and unused gaskets must be used each time a chlorine cylinder is changed;

(7) chlorine cylinders must be stored upright and secured by chains, and must have protective hoods in place when not in use; and

(8) a chlorine leak detector such as bottled commercial strength (26 degree Baume) ammonia must be in the chlorinator room.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.545 Operation

(a) No pool may operate without plan review and approval and a pre-occupancy inspection as specified in 18 AAC 30.950 to confirm compliance with 18 AAC 30.500 - 18 AAC 30.590.

(b) Pools and fixtures must be kept in a sanitary condition when the pool is open to bathers. Premises must be kept in good repair, well drained, and free from roaches, flies, rodents, and other pests or conditions likely to attract or harbor these pests. If pests are discovered in the pool or in the premises of the pool, the department will, in its discretion, require a facility operator to secure pest control services from an operator certified under 18 AAC 90.

(d) Appropriate test equipment in good repair, with necessary reagents, must be used to measure pool water pH, free and combined disinfectants, alkalinity, total dissolved solids, and hardness. Test kits must meet the minimum range and accuracy as set out on Table D of this section.

TABLE D TEST KIT REQUIREMENTS CHEMICAL TEST MINIMUM

RANGE MINIMUM

ACCURACY Free available chlorine0.3 - 5.0 mg/l0.2 mg/lTotal chlorine0.3 - 5.0 mg/l0.2 mg/lTotal bromine0.3 - 6.0 mg/l0.2 mg/lpH7.0 - 8.20.2 ph unitsAlkalinity0 - 300 mg/l5 mg/lTotal dissolved solids0 - 3,000 mg/l50 mg/lHardness0 - 1,000 mg/l2 mg/lNote: 1 mg/l = 1 ppm

(e) Pools must be operated by persons familiar with the equipment, fixtures, pool water chemistry, and maintenance procedures. Pools and spas must have at least one operator who is certified, or will be certified within one year of that operator's date of employment, by the National Swimming Pool Foundation or an equivalent certification program as determined by the department.

(f) To ensure proper installation, operation, and maintenance, a pool operation manual must be available at the site of the pool. The manual must include

(1) instructions for the care of each filter, pump, and other pool equipment;

(2) drawings, illustrations, charts, and operating instructions;

(3) a parts list; and

(4) information on all chemicals used in pool operation.

(g) The following information must be recorded for each day that the pool is open to the public:

(1) the hours of operation;

(2) the length of time that the pumps and filters are in operation, and the rate of pressure, vacuum, and rate-of-flow readings;

(3) the date that each filter is backwashed or cleaned;

(4) the frequency and results of alkalinity and hardness tests;

(5) the frequency and results of pH and disinfectant tests; pH and disinfectant tests must be made two or more times daily, depending upon chlorine demand;

(6) the amount of water and chemicals added to maintain water quality; and

(7) any equipment failure or repair required while the pool is in operation.

(h) The department will, in its discretion, require copies of the records listed in (g) of this section to be submitted to the department, upon the request of the department.

(i) Water clarity must permit a one-inch black disk on a three-inch white field to be clearly visible on the bottom of the pool at the deepest point. If the test disk cannot be seen, the pool must be closed immediately until the disk can be seen. If the disk is still not visible 48 hours after closure, the department will, in its discretion, order the pool drained as a safety precaution.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.546 Hygiene requirements

(a) Bathers shall shower with warm water and soap, and shall rinse off all soap before entering the pool.

(b) The pool manager shall restrict from using the pool any person known or reasonably suspected to have

(1) a communicable disease;

(2) skin lesions;

(3) sore or inflamed eyes reasonably believed to have been caused by a communicable disease; or

(4) mouth, nose, or ear discharges.

(d) Tobacco, food, and drink are prohibited on the pool deck or in the pool.

(e) Only persons dressed for bathing, unless authorized by the pool manager, are allowed on the pool deck or in the pool.

(f) Signs stating the requirements of (a) through (e) of this section must be visibly posted in dressing rooms and by the pool.

(g) Bathing suits, towels, and bathing caps furnished to patrons must be laundered with soap and hot water, rinsed, and dried before reuse.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.547 Lifesaving equipment

(a) The following lifesaving equipment must be provided:

(1) a 20-inch outside diameter ring buoy with 60 feet of 3/16 inch rope attached; and

(2) a life pole, or a shepherd's crook-type pole, with blunt ends and at least 12 feet long.

(b) Lifeguard chairs are not required. However, if lifeguard chairs are furnished, pool operators must furnish one lifeguard chair for every 2,000 square feet of pool surface area or for every 50 bathers, whichever method provides the most chairs. Pool operators must place multiple lifeguard chairs, if any, on opposite sides of the pool if the pool measures 40 feet or more.

History

Authority: AS 44.46.020
Eff. 12/23/93, Register 128

18 AAC 30.550 Water, wastewater, and solid waste

(a) Potable water must be provided from a source approved under 18 AAC 80. The water supply must be adequate for the purposes of the facility and must meet the standards of 18 AAC 80.

(b) Samples of pool water must be collected at least monthly while the pool is in use, at a point near the outlet of the pool, and at any other points designated by the department. The department will, in its discretion, increase the frequency of pool water sampling if necessary to assure that the pool water meets the standards of this section.

(1) contain more than 200 bacteria per milliliter, as determined by the standard (heterotrophic) agar plate count (35° C); or

(2) show positive test (confirmed test) for coliform organisms in any of the five 10 milliliter portions of a sample, or when the membrane filter test is used, show positive test (confirmed test) for more than zero coliforms organisms per 100 milliliter.

(d) Samples of pool water must be collected and examined in accordance with the American Public Health Association's Standard Methods for the Examination of Water and Wastewater, 16th Edition, 1985.

(e) If a sample of pool water tests positive for pseudomonas or other pathogens, the pool must be closed until sampling shows that the water is free of the pathogen.

(f) Samples of pool water must be examined by a laboratory certified by the department under 18 AAC 80.

(g) If chlorine is used as a disinfectant, the level of free chlorine must provide a molecular hypochlorous yield of not less than 0.3 mg/l. The yield must be determined either mathematically or by using the graph in Table E of this subsection.

Click to view

To determine correct free chlorine dosage at a measured pH

(1) find the measured pH on the horizontal axis of the graph;

(2) follow the corresponding vertical line up to where it crosses the curved 0.3 mg/l line; and

(3) from this point, draw a horizontal line to the axis and determine the minimum free chlorine dosage required.

To determine if a sample at a specific pH and free chlorine level meets the standard

(1) read horizontally from the free chlorine level determined by testing;

(2) read vertically from the tested pH;

(3) if the point where these lines cross is below the line of the curve, the sample does not meet the standard and the free chlorine dosage must be increased or the pH lowered; and

(4) if the point where these lines cross is on or above the line of the curve, the sample meets the standard.

(h) In addition to the requirements of (g) of this section, the following requirements apply to the level of free chlorine:

(1) chloramines may not exceed one-half of the total chlorine level;

(2) chlorinated isocyanurates and cyanuric acid may not be used;

(3) only solution feed systems may be used, but erosion feed systems and manual feed systems may not be used;

(4) gas chlorinators must feed no more than three pounds of chlorine per 10,000 gallons of pool volume in a 24-hour period; and

(5) mechanical means must be used to dispense pool chemicals and disinfectants that are added routinely; chemicals may only be applied directly into the pool by hand during an emergency to super-chlorinate or otherwise adjust pool water quality; hand application may only occur when the pool is closed to bathers.

(i) The pH of pool water must be kept between 7.0 and 8.0 when bathers are in the water.

(j) Alkalinity must be kept between 50 and 200 mg/l and must be measured at least once a week.

(k) Pool water must not cause corrosion or scaling of the pool. Total hardness must be kept between 100 and 1,000 mg/l. Calcium hardness must be at least 70 percent of the total hardness. The saturation index must be within plus or minus 0.5.

(l) The wastewater system must comply with 18 AAC 72. The sanitary sewer serving the pool and auxiliary facilities must discharge to a public sewer system whenever possible.

(m) Solid waste must be conveyed, stored, and disposed of in a manner which minimizes the development of odor, prevents waste from attracting and harboring vermin, and otherwise complies with 18 AAC 60. Any incinerator used by the facility must comply with 18 AAC 50.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.551 Plumbing

(a) All plumbing used in pools and spas located in areas of the state subject to AS 18.60.705 - 18.60.740 must comply with the Uniform Plumbing Code adopted under AS 18.60.705.

(b) Regardless of whether a pool or spa is subject to (a) of this section, all pools and spas in this state must

(1) provide hot and cold running water under pressure to all handsinks and showers; and

(2) have all plumbing fixtures, drains, components, and appliances, used to receive or discharge liquid wastes or sewage, properly connected to the drainage system of the building or premises.

History

Authority: AS 44.46.020
Eff. 12/23/93, Register 128

18 AAC 30.555 Maintenance

(a) Equipment for circulation, filtration, disinfection, and pool water treatment must be available and properly maintained.

(b) Dressing room floors and pool deck areas must be sanitized daily. If sanitizers might be splashed or otherwise introduced into the pool, only chlorine-compatible sanitizers may be used.

(d) Gutters must be kept free of body oil accumulations.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.560 User load computation

Bather load for pools may not exceed one person per 35 square feet of pool area less 300 square feet for each diving board or platform.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.570 Dressing, shower, and toilet facilities

(a) Dressing rooms must be near toilets and showers, and must be well lighted. Dressing room ventilation must be designed to prevent corrosion and condensation. Dressing room floors must be constructed of nonabsorbent materials with nonslip finishes and must slope to properly located drains.

(b) Showers must be located near the pool entrance. The hot water temperature for showers may not be less than 100° F, nor more than 120° F.

(c) At least one flush toilet, one urinal, one shower, and one handsink must be provided for male bathers. At least one flush toilet, one shower, and one handsink must be provided for female bathers.

(d) In addition to the requirements of (c) of this section, sanitary facilities must be provided as set out in Table F of this subsection.

TABLE F SANITARY FACILITY REQUIREMENTS

FACILITY MALES FEMALES Showers1:401:40Flush toilets1:601:40Urinals1:60-Handsinks1:601:60

(e) Sanitary facilities must be located near the pool entrance.

(f) The layout of the dressing room must allow bathers to pass through the showers before exiting the dressing room on the way to the pool.

(g) Flush toilets, urinals, and handsinks for spectators must be provided and be separate from those for bathers. The approaches to spectator toilet facilities must not include an area where bathers pass in bare feet.

(h) At least one handwash sink must be provided in each toilet room.

(i) Soap must be available at showers and handsinks.

(j) Toilet tissue in a suitable dispenser must be provided at each toilet.

(k) Hose bibs equipped with vacuum breakers must be provided within each dressing room to allow the entire room to be reached with a 50-foot hose.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.575 Recreational water slide flumes

Recreational water slide flumes must meet the standards set out in the July 1981 edition of Suggested Health and Safety Guidelines for Recreational Water Slide Flumes, published by the Centers for Disease Control, Public Health Service, United States Department of Health and Social Services, the requirements of which are adopted by reference as part of this chapter.

History

Authority: AS 44.46.020
Eff. 12/23/93, Register 128

18 AAC 30.576 Flotation tanks

A flotation tank will, in the department's discretion, be allowed under 18 AAC 30.955 if

(1) the flotation tank complies with 18 AAC 30.580;

(2) the filtration system cycles the flotation tank's water at least three times between uses;

(3) a plan for the emergency evacuation of bathers in the flotation tank should a fire or other emergency occur is posted in a conspicuous place;

(4) the door of the flotation tank is not equipped with a locking device;

(5) an attendant is on duty at all times when the flotation tank is in use; and

(6) a written plan for communicating with bathers when the bathers are in the flotation tank is posted in a conspicuous place.

History

Authority: AS 44.46.020
Eff. 12/23/93, Register 128

18 AAC 30.580 Public spas

(a) In addition to the other requirements of this section, public spas, including public hot tubs, must meet the standards set out in the April 1981 edition of Suggested Health and Safety Guidelines for Public Spas and Hot Tubs, published by the Centers for Disease Control, Public Health Service, United States Department of Health and Human Services, the requirements of which are adopted by reference in this chapter.

(b) Continuous disinfection is required for spas built after June 4, 1983.

(d) A disinfectant other than chlorine or bromine will, in the department's discretion, be allowed under 18 AAC 30.955.

(e) The free chlorine residual must be kept at a minimum of 2.0 mg/l and a maximum of 10 mg/l.

(f) The pH level must be between 7.2 and 7.6 when the spa is in use.

(g) The free chlorine or bromine residual and pH must be measured every two hours when the spa is in use.

(h) Total alkalinity must be kept between 100 and 140 mg/l, and must be measured at least weekly.

(i) An air circulation rate of at least six air exchanges per hour must be provided in the room containing the spa.

(j) A spa, including a hot tub, must comply with 18 AAC 30.510(o) - (q), 18 AAC 30.545, and 18 AAC 30.550.

(k) A spa, including a hot tub, with wooden interior surfaces is prohibited.

(l) A spa, including a hot tub, must be completely drained whenever

(1) the operator determines that the water requires replacement;

(2) the number derived by dividing one-third of the total capacity, in gallons, of the spa, by the number of bather periods since the spa was last filled equals the number of days since the spa was last filled; or

(3) the total dissolved solids reach 1,500 ppm; if this method is used, the total dissolved solids must be measured daily, with results recorded in the spa's log.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

18 AAC 30.590 Definitions

In this chapter

(1) "automatic sensor control" means a mechanical device that regulates the amount of disinfectant that needs to be added to the water based on the measurement of the disinfectant residual level;

(2) "balancing tank" means a watertight tank that can be incorporated into the gutters of a pool's overflow system and is designed to contain pool water displaced by bathers;

(3) "bather periods" means the sum of all minutes spent by each bather in a spa, divided by 20 minutes;

(4) "continuous disinfection" means that disinfectant is mechanically dispensed or provided to a pool or spa by a continuous disinfection system;

(5) "continuous disinfection system" means a system consisting of a chemical tank, chemical feeder, and device to regulate the flow of disinfectant into a spa or pool water return line;

(6) "deck" means the walkway area surrounding a swimming pool and intended for use by bathers;

(7) "department" means the Alaska Department of Environmental Conservation;

(8) "diatomaceous earth" means that filtering material made of the siliceous cells of finely pulverized diatoms;

(9) "fill and draw pool" means a swimming pool where the principal means of cleaning is the complete draining of the pool and subsequent replacement of water from a fill source;

(10) "flotation tank" means a watertight tank designed to accommodate a bather in a solution of water and either sodium chloride or epsom salt;

(11) "flow-through pool" means a swimming pool in which the water from a fill source constantly enters the pool to replace an equal amount of water constantly being drained from the pool;

(12) "lifeguard chair" means an elevated chair located to provide a clear, unobstructed view of the pool bottom in the area under surveillance;

(13) "natatorium" means a complex consisting of a pool and decks;

(14) "pool" means a public swimming pool;

(15) "public swimming pool" means a swimming pool with a depth of two feet or more at any point, operated by an owner, agent, lessee, operator, licensee, or concessionaire, and intended for public use for swimming, diving, or recreational bathing with or without a fee;

(16) "sanitary facility" means a flush toilet, urinal, handsink, or shower;

(17) "spa" means a contained pool or water with a depth of no more than 3.28 feet, other than a residential spa or hot tub, that is designed for recreational or therapeutic use and is operated by an owner, lessee, operator, or concessionaire, with or without a fee; a spa may be an individual unit or may be a unit integrated into a pool; the term "spa" includes a hot tub and a whirlpool;

(18) "turnover" means the amount of time required for a volume of water equal to the volume of the pool to circulate through the filtration and disinfection systems.

History

Authority: AS 44.46.020
Eff. 6/4/83, Register 86; am 12/23/93, Register 128

Article 6 Public Toilets, Showers, and Laundromats

18 AAC 30.600 Applicability

The provisions of 18 AAC 30.600 - 18 AAC 30.680 apply to public facilities, facilities open to the public, and to toilets, lavatories, showers, and laundromats in those facilities.

History

Authority: AS 18.35.120; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.610 Minimum plumbing facilities for restaurants and taverns

(a) Except as provided in 18 AAC 30.620, the minimum number of fixtures for public toilet accommodations in restaurants and taverns is based on seating capacity according to Appendix C of the Alaska Plumbing Code.

(b) A restaurant or tavern must provide in the same building at least one toilet and one lavatory which comply with 18 AAC 30.630 - 18 AAC 30.650.

History

Authority: AS 18.35.120
Eff. 4/18/82, Register 82

18 AAC 30.620 Special events

Privies, self-contained toilets, or water-flush facilities must be provided, where practical, for a special event. The determination of practicality will be made by the department based on the number of persons attending the special event, the difficulty of obtaining and installing the facilities, and the cost involved. At least 15 days before a special event, the sponsor must notify a regional or district office of the department, in writing, of the plans for the event. If the department determines that toilet facilities for the special event would be practical, the department will inform the sponsor of the number of facilities required on the basis of one for each sex for the initial 100 persons expected and one additional for each sex for each additional 300 persons expected. If an inspection shows that these requirements have been met, the department will approve the facilities before the event begins.

History

Authority: AS 18.35.120; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.630 Minimum plumbing fixtures for other facilities

(a) Except as provided in 18 AAC 30.610 and 18 AAC 30.620, public facilities and facilities open to the public must provide at least the minimum number of toilets and lavatories per person of capacity according to Appendix C of the Alaska Plumbing Code.

(b) Types of facilities not listed in Appendix C of the Alaska Plumbing Code must provide the number of fixtures required by the Code for theaters and auditoriums.

History

Authority: AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.640 Toilet rooms

(a) Toilet paper must be provided in a dispenser in a public toilet room. Toilet rooms and privies must be kept clean during periods of use.

(b) Toilets must be connected to a community sewer system if the system is within 200 feet of the structure. If a community sewer system is not available within 200 feet, the method of waste disposal must comply with 18 AAC 72.

(d) Privies must be of a design and construction approved by the department. Privies must be located so there is no danger of contaminating surface or ground water or creating an odor nuisance.

(e) Privies and other toilet rooms must be designed and constructed to prevent entrance of rodents and insects.

(f) Toilet room floors, walls within four feet of the floor, and the intersection between the floor and walls must be covered with water-impervious materials.

(g) Partitions in toilet rooms, if used, must be raised at least 12 inches from the floor and must be smooth, durable, and easily cleanable.

(h) Toilet rooms must have self-closing doors. Entrances to toilet rooms must be located so that access by the public does not require passing through a food preparation, handling, or storage area.

(i) Toilet rooms must be ventilated to the outside of the building by a mechanical fan. Lighting must be provided equivalent to 20 foot-candles measured 30 inches from the floor.

(j) Easily cleanable refuse receptacles must be provided in toilet rooms.

(k) Toilet rooms may be locked to control vandalism, but a key must be readily available within 100 feet from the toilet room while the facility is open for use. The location and the manner of obtaining the key to the door of the toilet room must be stated on the door.

History

Authority: AS 18.35.120; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.650 Lavatories

(a) Lavatories must be installed within or adjacent to the exit of a toilet room if running water is practically available.

(b) If running water is practically available, lavatories must be equipped with hot and cold running water.

(c) If running water is not practically available, lavatories must be equipped with water for washing hands from a storage tank approved by the department.

(d) If hot water is provided at a lavatory, the temperature of the water may not be less than 100 degrees F. nor more than 120 degrees F.

(e) Disposable single-service towels from a dispenser or a hot-air drying device must be provided at public lavatories.

(f) Soap must be provided at public lavatories.

(g) Lavatories must be kept clean during periods of use.

History

Authority: AS 18.35.120; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.660 Public showers

(a) Walls in a public shower must be water-impervious up to showerhead height.

(b) Walls and ceilings of a public shower must be smooth and easily cleanable.

(c) Shower and drying areas of a public shower must be constructed with water-impervious, nonskid floors. Floors must slope uniformly at a minimum of one-fourth inch per foot to drains.

(d) Showers and drying areas of a public shower must be ventilated by mechanical exhaust systems.

(e) Showers and drying areas of a public shower must be cleaned and disinfected daily during periods of use.

(f) Towels, if provided, must be laundered between uses and stored in a sanitary manner.

(g) The water temperature for hot water supplied to public showers may not be less than 100 degrees F. nor more than 120 degrees F.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.670 Public laundromats

(a) Walls, ceilings, floors, counter tops, and attached equipment in a public laundromat must be easily cleanable and must be kept clean.

(b) Washing machines must be cleaned at least daily during periods of use.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82

18 AAC 30.680 Definitions

In 18 AAC 30.600 - 18 AAC 30.680

(1) "lavatory" means a sink or device equipped with running water used for washing hands and face, generally in conjunction with a toilet; and

(2) "privy" means a structure which receives human excretes usually not waterborne.

History

Authority: AS 18.35.120; AS 18.35.220; AS 44.46.020
Eff. 4/18/82, Register 82

Eff. 4/18/82, Register 82; repealed 12/1/2002, Register 164

Eff. 4/18/82, Register 82; repealed 6/23/2006, Register 178

Article 9 Compressed Air

18 AAC 30.900 Applicability

The provisions of 18 AAC 30.900 - 18 AAC 30.940 apply to the sale or commercial production of compressed air for human respiration.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82; am 2/27/98, Register 145

18 AAC 30.910 Standards

Compressed air sold or produced in the state for human respiration must comply with the standards set out in American National Standard's Commodity Specification for Air (1989), adopted by reference.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82; am 2/27/98, Register 145

18 AAC 30.920 Quality

Repealed.

History

Eff. 4/18/82, Register 82; repealed 2/27/98, Register 145

18 AAC 30.930 Operation of compressors

Air compressors operating in the state to compress or produce air for human respiration must comply with the standards set out in the American National Standard's Compressed Air for Human Respiration (1990), adopted by reference.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82; am 2/27/98, Register 145

18 AAC 30.940 Definitions

In 18 AAC 30.900 - 18 AAC 30.940,

(1) "compressed air" means

(A) normal atmospheric air pressurized by compressing it into a cylinder; or

(B) reconstituted breathing air synthesized from component gases;

(2) "sale" means

(A) the transfer of ownership for consideration and includes the actual transmittal of money or coupons; or

(B) the supplying of compressed air in connection with the sale or rental of another product, service, or membership.

History

Authority: AS 44.46.020
Eff. 4/18/82, Register 82; am 2/27/98, Register 145

Article 10 General Provisions

18 AAC 30.945 Responsibility for compliance

The operator of a facility subject to this chapter is responsible for compliance with the provisions of this chapter.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.950 Plan review and inspection

(a) If a facility subject to this chapter is to be constructed or extensively remodeled, plans and specifications for the construction or remodeling must be submitted to the department for review and approval before construction or remodeling is begun.

(b) The department will, in its discretion

(1) conduct a pre-occupancy inspection of a facility to determine compliance with the applicable provisions of this chapter;

(2) conduct inspections of an existing facility subject to this chapter and forward copies of its findings, including required changes and recommendations, to the facility operator and to any other state or local agency exercising direct regulatory authority over the facility; and

(3) conduct inspections as otherwise required by statute or regulation.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.955 Waiver of provisions

(a) The department will, in its discretion, waive a provision of this chapter if it determines that the health and protection of the public and the satisfaction of the purpose of the provision is reasonably assured and the requirements of applicable statutes are satisfied.

(b) An application for a waiver must be made in writing to the director, environmental quality operations, and must include

(1) identification of the provision for which the waiver is requested;

(2) reasons why the provision cannot be met or would create an undue hardship; and

(3) a description of the alternative method proposed for meeting the purpose of the provision that is requested to be waived.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.960 Posting regulations and inspection reports

A copy of this chapter, with the most recent inspection form completed, must be conspicuously posted in a facility subject to this chapter. A completed inspection report form is a public document and must be made available to a person who requests it.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.965 Water supply, wastewater, and solid waste disposal

In a facility subject to this chapter

(1) the water supply system must be adequate for the purposes of the facility and must comply with 18 AAC 80. If running water is not available the water storage and dispensing system must be approved by the regional supervisor;

(2) the wastewater system must comply with 18 AAC 72;

(3) the plumbing must comply with the Alaska Plumbing Code;

(4) solid waste must be conveyed, stored, and disposed of in a manner which minimizes the development of odor, prevents waste from attracting and harboring vermin, and complies with 18 AAC 60; and

(5) an incinerator used by the facility must comply with 18 AAC 50.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.970 Buildings and rooms

(a) In buildings and rooms in a facility subject to this chapter

(1) floors, walls, and ceilings must be covered with smooth, durable, nonabsorbent, easily cleanable material, unless otherwise provided in this chapter;

(2) the intersections between walls and floors must be sealed or coved;

(3) ventilation by natural or mechanical means must be provided to keep air fresh and to prevent the accumulation of excessive heat, steam, condensation, vapors, smoke, and fumes;

(4) mechanical ventilation systems must be used where specifically required by this chapter;

(5) ventilation systems may not produce an unsightly or harmful discharge; and

(6) the premises must be kept clean, in good repair, and free of roaches, flies, rodents and other vermin, and of conditions which are likely to attract or harbor them.

(b) The grounds surrounding a facility subject to this chapter must be well drained and free from roaches, flies, rodents, and other vermin and of conditions which are likely to attract or harbor them.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.980 Sanitary practices

(a) The operator of a facility subject to this chapter must ensure that necessary actions are taken to eliminate roaches, flies, rodents, and other vermin. The department will, in its discretion, require a facility operator to secure pest-control services from an operator certified under 18 AAC 90.

(b) The operator of a facility subject to this chapter shall ensure that refuse is stored in covered containers which are impervious to water in a manner which prevents the attraction, harborage, or feeding of roaches, flies, rodents, and other vermin.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

18 AAC 30.985 Violations

(a) A facility in violation of 18 AAC 30.400 - 18 AAC 30.470 is subject to the penalties contained in AS 18.35.050 and 18.35.080.

(b) A facility in violation of 18 AAC 30.600 - 18 AAC 30.680 is subject to the penalties contained in AS 18.35.110 and 18.35.210.

(c) A facility in violation of any provision of this chapter is subject to closure by the department. If the violation poses an imminent health hazard, the department, without prior hearing, may close the facility by serving a notice of closure on the operator. Not later than 10 days after receiving the notice of closure from the department, the operator may submit a request for hearing to the commissioner. If the violation does not pose an imminent health hazard, the notice of closure is not effective until the operator is provided an expedited hearing under (d) of this section. In the notice of closure the department will inform the operator of the opportunity to request, not later than 10 days after receiving the notice of closure, an expedited hearing. For purposes of this subsection, an imminent health hazard is a significant threat or danger to health that is considered to exist if the department determines or has cause to believe, based on the number of potential injuries and the nature, severity, and duration of the anticipated injury, that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury.

(d) Upon receiving a timely request for an expedited hearing under (c) of this section, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for an expedited hearing and recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision. The expedited hearing will be held under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 not later than 14 days after the department receives the request for expedited hearing.

History

Authority: AS 17.20.010; AS 17.20.045; AS 18.35.030 AS 17.20.013; AS 17.20.048; AS 18.35.120 AS 17.20.030; AS 17.20.050; AS 18.35.220 AS 17.20.040; AS 17.20.150; AS 44.46.020 AS 17.20.044; AS 17.20.180; AS 46.03.020
Eff. 4/18/82, Register 82; am 11/5/2017, Register 224

18 AAC 30.990 Definitions

In this chapter

(1) "adequate" means that which is necessary to accomplish the intended purpose in keeping with generally accepted public health practices;

(2) "Alaska Plumbing Code" means the Uniform Plumbing Code, adopted by reference in 8 AAC 63.010 and supplemented by 8 AAC 63.020 and 8 AAC 63.030;

(3) "department" means the Department of Environmental Conservation;

(4) "easily cleanable" means that surfaces are readily accessible and made so that residue may be effectively removed by normal cleaning methods;

(5) "extensively remodeled" means a modification or improvement which entails an expense equal to or exceeding 25 percent of the taxable value of the facility before initiation of the modification or improvement;

(6) "operator" means the person or entity ultimately responsible for the operation of a facility; and

(7) "sanitized" means treated according to an effective bactericidal process that destroys pathogenic microorganisms.

History

Authority: AS 17.20.010 - .050AS 18.35.030; AS 44.46.020 AS 17.20.150; AS 18.35.120; AS 46.03.020 AS 17.20.180; AS 18.35.220
Eff. 4/18/82, Register 82

Chapter 31 Alaska Food Code

Article 1 General Operating and Permit Requirements

18 AAC 31.010 Purpose and applicability

(a) The purpose of this chapter is to safeguard public health and require that consumers' food is safe and wholesome, is not adulterated, and is honestly presented within the state.

(b) Except as provided in (c) of this section and 18 AAC 31.012, the requirements of this chapter apply to premises, practices, and procedures of food establishments, including each type of operation under each category of food service, market, and food processing establishment.

(c) The requirements of this chapter do not apply to those portions of a food establishment subject to 18 AAC 32 (milk and milk products) or 18 AAC 34 (seafood processing and inspection).

(d) The operator of a bar or tavern shall obtain a food service permit under this chapter for service of beverages even if other food is not served.

(e) Table A of this subsection illustrates how the categories and types of operation are classified in this chapter.

TABLE A

FOOD ESTABLISHMENTS

Categories of Food Establishments

FOOD SERVICE

MARKET

FOOD PROCESSING

ESTABLISHMENT

Types of Operations Within Each Category restaurant

delicatessen

takeout or drive-in

caterer

limited food service

temporary food service

mobile food unit

kiosks

schools

institution

bar or tavern

club or organization

labor camp

other similar operationsconvenience store

grocery

grocery portion of a

supermarket

retail meat market

retail seafood market

retail bakery

food bank

mobile retail

vendor

food salvager

food hub

retail marijuana store

other similar operationsAny establishment that

processes food for

wholesale distribution by

acidifying
curing
dehydrating
thermal processing of

low-acid food

reduced-oxygen

packaging

baking
bottling beverages
manufacturing ice
making jam, jelly, syrup

or other confections

warehousing
coffee roasting
juicing
freezing
milling
fermenting
manufacturing

marijuana products

manufacturing

marijuana concentrates

other similar operations

NOTE: A food establishment may fall under more than one category and may be subject to regulations in several areas of this chapter. For example, a restaurant that also produces a bottled beverage sold in wholesale markets would fall under the regulations for a food service as well as a food processing establishment for the different activities.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180 AS 17.20.020; AS 17.20.290
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 6/25/2020, Register 234; am 6/6/2021, Register 238

18 AAC 31.011 Requirements adopted by reference

(a) The following federal requirements are adopted by reference:

(1) 21 U.S.C. 321(qq) (definition of "major food allergen"), revised as of December 13, 2016;

(2) 21 U.S.C. 343(w) (misbranded food; major food allergen labeling requirements), revised as of March 23, 2010;

(3) 21 U.S.C. 348(a) (unsafe food additives; exception for conformity with exemption or regulation), revised as of August 14, 2018;

(4) 21 U.S.C. 379e(a) (unsafe color additives), revised as of August 13, 1993;

(5) 21 U.S.C. 381(e)(1) and (2) (exports), revised as of October 24, 2018;

(6) 7 C.F.R. Part 56 (voluntary grading of shell eggs), revised as of January 1, 2019;

(7) the definition of "meat," as set out in 9 C.F.R. 301.2 (definitions), revised as of January 1, 2019;

(8) 9 C.F.R. Part 317 (labeling, marking devices, and containers), revised as of January 1, 2019;

(9) 9 C.F.R. Part 319 (definitions and standards of identity or composition), revised as of January 1, 2019;

(10) the definition of "poultry," as set out in 9 C.F.R. 381.1 (definitions), revised as of January 1, 2019;

(11) 9 C.F.R. 381.125(b) (special handling label requirements: safe handling instructions), revised as of January 1, 2019;

(12) 9 C.F.R. 424.21 (preparation and processing operations: use of food ingredients and sources of radiation), revised as of January 1, 2019;

(13) 9 C.F.R. Part 590 (inspection of eggs and egg products), revised as of January 1, 2019;

(14) 21 C.F.R. 73.1 - 73.615 (listing of color additives exempt from certification; foods), revised as of April 1, 2019;

(15) 21 C.F.R. 74.101 - 74.706 (listing of color additives subject to certification; foods), revised as of April 1, 2019;

(16) 21 C.F.R. Part 101 (food labeling), revised as of April 1, 2019, except 21 C.F.R. 101.69 and 101.108 are not adopted by reference;

(17) 21 C.F.R. Part 102 (common or usual name for nonstandardized foods), revised as of April 1, 2019, except 21 C.F.R. 102.19 is not adopted by reference;

(18) 21 C.F.R. 108.25 (emergency permit control; acidified foods), revised as of April 1, 2019;

(19) 21 C.F.R. 108.35 (emergency permit control; thermal processing of low-acid foods packaged in hermetically sealed containers), revised as of April 1, 2019;

(20) 21 C.F.R. Part 113 (thermally processed low-acid foods packaged in hermetically sealed containers), revised as of April 1, 2019;

(21) 21 C.F.R. Part 114 (acidified foods), revised as of April 1, 2019;

(22) 21 C.F.R. Part 117 (current good manufacturing practice, hazard analysis, and risk-based preventive controls for human food), revised as of April 1, 2019, except 21 C.F.R. 117.201 - 117.206, 21 C.F.R. 117.251 - 117.287, and the definition of "facility" are not adopted by reference;

(23) 21 C.F.R. Part 120 (hazard analysis and critical control point (HACCP) systems for juice), revised as of April 1, 2019;

(24) 21 C.F.R. Part 123 (fish and fishery products), revised as of April 1, 2019, as amended from time to time;

(25) 21 C.F.R. Part 129 (processing and bottling of bottled drinking water), revised as of April 1, 2019;

(26) 21 C.F.R. Parts 130 - 169 (food standards), revised as of April 1, 2019, except 21 C.F.R. 130.5 and 21 C.F.R. 130.17 are not adopted by reference;

(27) 21 C.F.R. Part 170 (food additives), revised as of April 1, 2019, except 21 C.F.R. 170.6, 21 C.F.R. 170.15, and 21 C.F.R. 170.17 are not adopted by reference;

(28) 21 C.F.R Part 172 (food additives permitted for direct addition to food for human consumption), revised as of April 1, 2019;

(29) 21 C.F.R. Part 173 (secondary direct food additives permitted in food for human consumption), revised as of April 1, 2019;

(30) 21 C.F.R. Part 175 (indirect food additives: adhesives and components of coatings), revised as of April 1, 2019;

(31) 21 C.F.R. Part 176 (indirect food additives: substances for use only as components of paper and paperboard), revised as of April 1, 2019;

(32) 21 C.F.R. Part 177 (indirect food additives: polymers), revised as of April 1, 2019;

(33) 21 C.F.R. Part 178 (indirect food additives: adjuvants, production aids, and sanitizers), revised as of April 1, 2019;

(34) 21 C.F.R. Part 179 (irradiation in the production, processing and handling of food), revised as of April 1, 2019;

(35) 21 C.F.R. Part 180 (food additives permitted in food or in contact with food on an interim basis pending additional study), revised as of April 1, 2019;

(36) 21 C.F.R. 181.22 - 181.34 (prior-sanctioned food ingredients; specific prior-sanctioned food ingredients), revised as of April 1, 2019;

(37) 21 C.F.R. Part 182 (substances generally recognized as safe), revised as of April 1, 2019;

(38) 21 C.F.R. Part 184 (direct food substances affirmed as generally recognized as safe), revised as of April 1, 2019;

(39) 21 C.F.R. Part 186 (indirect food substances affirmed as generally recognized as safe), revised as of April 1, 2019;

(40) 21 C.F.R. Part 189 (substances prohibited from use in human food), revised as of April 1, 2019;

(41) 40 C.F.R. 180.1 and 180.101 - 180.708 (tolerances and exemptions for pesticide chemical residues in food; specific tolerances), revised as of November 1, 2019;

(42) 40 C.F.R. 180.940 (tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions)), revised as of July 1, 2019.

(b) The following publications are adopted by reference:

(1) Hazard Analysis and Critical Control Point Principles and Application Guidelines, revised as of August 14, 1997, National Advisory Committee on Microbiological Criteria for Foods;

(2) Fish and Fisheries Products Hazards and Controls Guidance, Fourth Edition, revised as of March 2020, Table #3-2 (potential vertebrate species-related hazards) and Table #3-3 (potential invertebrate species-related hazards), United States Food and Drug Administration;

(3) International Mechanical Code (I.M.C.), 2018 Edition, Chapter 5, Sections 506 - 509, International Code Council, Inc.

(4) NSF/ANSI International Standard 25 - 2017, Vending Machines for Food and Beverages, National Sanitation Foundation (NSF);

(5) The Standard for the Sanitary Design and Construction of Food and Beverage Vending Machines, revised as of October 2003, National Automatic Merchandising Association (NAMA);

(6) Standard Methods for the Examination of Water and Wastewater, 20th Edition, January 1, 1999, American Public Health Association, American Water Works Association, & Water Environment Federation.

History

Authority: AS 17.20.005; AS 17.20.040; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.012 Exempt activities and facilities

(a) Repealed 5/11/2025.

(b) Except as otherwise provided in this subsection, the following activities are not subject to this chapter:

(1) the sale, extraction, or packaging of raw honey;

(2) custom processing of an individual's sport-caught seafood or game meat, except as provided under 18 AAC 34 for smoking or thermal processing of seafood;

(3) the packaging and sale of raw, whole vegetables, herbs, microgreens, and fruit if the vegetables, herbs, microgreens, and fruit are offered

(A) in their natural state; or

(B) after rinsing, trimming of unnecessary parts, or separating greens from roots;

(4) the harvesting and evaporation of tree sap; however, further processing for wholesale distribution of tree sap, including packaging, is subject to this chapter;

(5) the harvesting or cleaving of glacier ice if the glacier ice is exported from the state without further processing;

(6) the preparation and serving of

(A) food at a foster home or foster group home, if the facility is required to have a license from the Department of Family and Community Services under AS 47.32 and 7 AAC 50;

(B) food at a child care home or child care group home, if the facility is required to have a license from the Department of Health under AS 47.32 and 7 AAC 57;

(i) has five or fewer residents; and

(ii) is required to have a license from the Department of Health under AS 47.32, AS 47.33 and 7 AAC 75;

(D) snacks at a child care facility if the child care facility is required to have a license from the Department of Health under AS 47.32 and 7 AAC 57; and

(E) food at a camp that is set up for no more than 14 days at a single location to support a group of 24 individuals or less.

(c) Except as otherwise provided in this subsection, the following facilities and events are not subject to this chapter:

(1) a business, including a gas station, gift shop, video store, student store, or packaged liquor store, that sells only one or more of the following types of food:

(A) prepackaged, nonpotentially hazardous food;

(B) fresh, uncut, and unpeeled fruit or vegetables;

(D) cotton candy;

(E) prepackaged ice cream novelties;

(F) nonpotentially hazardous beverages that are prepackaged and dispensed directly from commercial containers or into single-service containers;

(G) coffee and tea with creamers and single-service items;

(2) a restricted food service transient occupancy establishment;

(3) a vending machine dispensing only nonpotentially hazardous food;

(4) a family-operated business, if the business employs only family members, prepares and serves food only to those family members, and does not serve food to the public;

(5) any of the following social events, if the food is prepared or provided by or for members of one of the following groups and that group's invited guests:

(A) a meeting or an event of an organization, association, or club;

(B) an activity of a church or other religious congregation;

(D) a traditional Native potlatch;

(6) an event advertised to the general public, if the primary purpose is to raise money in support of a political campaign or one individual's medical or other personal needs, and if

(A) the food is cooked and immediately served;

(B) the event does not exceed one day in length; and

(7) a public open house where ready-to-eat, commercially processed appetizers are offered to the attendees of the open house for self-service if

(A) a handwashing facility is provided for use by employees as described in 18 AAC 31.600(f)(6); and

(B) an appetizer that contains a potentially hazardous food is held at an internal temperature of

(i) 41° F or below for cold-holding, except that eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated equipment that maintains an ambient temperature of 45° F or below; and

(ii) 135° F or above for hot-holding, except rare beef, which must be kept at an internal temperature of 130° F or above;

(8) a temporary food service lasting one day or less if

(A) foods are served that

(i) are pre-cooked, packaged, ready-to-eat, or commercially processed; and

(ii) require no more than limited preparation, such as reheating, and minimal handling, such as assembly;

(B) a handwashing facility is provided for use by employees as described in 18 AAC 31.600(f)(6); and

(ii) 135° F or above for hot-holding, except rare beef, which must be kept at an internal temperature of 130° F or above;

(9) a bake sale; for purposes of this paragraph, "bake sale" means the occasional sale to the public by an organization at a fundraising or a seasonal event, including a fair or bazaar, of bakery-type items, including fruit or berry pies and cobblers, cakes, cookies, pastries, and breads; an individual who sells at a bake sale bakery-type items, including pies, cakes, and pastries, that contain potentially hazardous fillings or toppings, including custard, whipped cream, or meringue, must keep those foods refrigerated at 41° F or below after preparation and during the bake sale; potentially hazardous foods, including sandwiches, stuffed breads, meat pies, and pizza may not be sold at a bake sale;

(10) a food establishment located within a national park, federal military installation, public health service hospital, or other federal facility where inspections and regulatory oversight are provided by the federal government.

(d) A food service that has a maximum capacity of 12 and that serves 12 individuals or less per day is subject to 18 AAC 31.900, 18 AAC 31.905, and 18 AAC 31.915, but is not subject to the remaining provisions of this chapter if

(1) food is from an approved source;

(2) food will be served immediately after preparation;

(3) equipment supports the type of food and method of transportation, preparation, display, and service;

(4) fixtures or other approved means are provided for handwashing, cleaning, and sanitizing food-contact surfaces, and cleaning the establishment;

(5) water is potable, or from an approved public water system; and

(6) wastewater is disposed of in an approved manner under 18 AAC 72.

(e) A food service that serves at a camp 24 individuals or less each day is subject to 18 AAC 31.050, 18 AAC 31.320 - 18 AAC 31.330, 18 AAC 31.900, 18 AAC 31.905, and 18 AAC 31.915, but is not subject to the remaining provisions of this chapter if

(1) food is from an approved source;

(2) food will be served immediately after preparation;

(3) equipment supports the type of food and method of transportation, preparation, display, and service;

(4) fixtures or other approved means are provided for handwashing, cleaning, and sanitizing food-contact surfaces, and cleaning the establishment;

(5) water is potable, or from an approved public water system; and

(6) wastewater is disposed of in an approved manner under 18 AAC 72.

(f) A business that manufactures ice for onsite retail sale and that is not a food establishment is subject to 18 AAC 31.900, 18 AAC 31.905, and 18 AAC 31.915, but is not subject to the remaining provisions of this chapter if

(1) ice manufacturing is separated by partition, location, time, or another effective means from types of operations that might be a source of contamination or cross-contamination;

(2) ice is protected from contamination by employees handling the ice by the proper use of utensils, as specified in 18 AAC 31.220;

(3) employees handling ice wash their hands and exposed portions of their arms, as specified in 18 AAC 31.310;

(4) food-contact surfaces are washed, rinsed, and sanitized, as specified in 18 AAC 31.422 - 18 AAC 31.424, in a sink with at least three compartments at least once each day;

(5) ice bins are plumbed as specified in 18 AAC 31.515(d);

(6) at least one toilet facility, as specified in 18 AAC 31.520, and one handwashing facility, as specified in 18 AAC 31.525(a), is provided;

(7) water is potable or from an approved public water system;

(8) wastewater is disposed of in a manner approved under 18 AAC 72; and

(9) each single-service ice bag is labeled with the name and address of the facility and the net weight of the ice.

(g) An exemption under this section does not relieve the operator from complying with other applicable statutes and regulations, including AS 17.20 (Food, Drug, and Cosmetic Act), AS 18.60.705 (State Plumbing Code), 18 AAC 30, 18 AAC 32, 18 AAC 34, 18 AAC 50, 18 AAC 60, 18 AAC 72, and 18 AAC 80.

History

Authority: AS 17.20.005; AS 17.20.020; AS 17.20.290 AS 17.20.010; AS 17.20.180; AS 44.46.020
Eff. 12/19/99, Register 152; am 6/28/2001, Register 158; am 6/23/2006, Register 178; am 12/28/2006, Register 180; am 6/24/2012, Register 202; am 5/11/2025, Register 254

18 AAC 31.014 Exemption by application

Repealed.

History

Eff. 12/19/99, Register 152; am 6/28/2001, Register 158; repealed 12/28/2006, Register 180

18 AAC 31.015 Confidentiality of trade secrets

(a) If it determines that disclosure is in the interests of public health and consumer protection, the department will require a person subject to this chapter to disclose a trade secret to the department to assist the department in evaluating a permit application or in determining compliance with this chapter. If the person disclosing the required information certifies in writing that public disclosure of the information, including information contained in a photograph taken by a department employee, would reveal a trade secret as defined in AS 45.50.940, the department will keep the information confidential while it determines if the public interest that would be served by disclosure is outweighed by the person's privacy interest. The department will continue to keep the information confidential if it finds the information is entitled to protection. If the department finds that the information is not entitled to protection, the department will notify the person disclosing the information in writing that the information will be subject to disclosure after 10 days. Unless ordered by a court to disclose the information, the department will keep the information confidential through the 10-day period, any administrative appeal of the department's finding initiated during the 10-day period, and any judicial appeal of the final agency decision.

(b) If it determines that disclosure is in the interests of public health and consumer protection, the department will disclose information that is confidential under this section under a continuing restriction of confidentiality to other departments of the state or United States or to a court

(1) to protect against an imminent threat to public health or safety;

(2) in a proceeding to deny, modify, or suspend a permit required under this chapter; or

(3) in pursuit of an enforcement activity.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.200 AS 17.20.010; AS 17.20.072; AS 17.20.220 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158

18 AAC 31.020 Permit requirements

(a) Except as provided in 18 AAC 31.070, a person may not operate a food establishment subject to this chapter, unless

(1) the department has approved plans submitted under 18 AAC 31.040;

(2) the person has paid each applicable fee required by 18 AAC 31.050; and

(3) the department has issued a permit under this section for each separate operation, as required by (e) of this section.

(b) A permit issued under this section

(1) is valid for the calendar year in which the permit is issued;

(2) may not be transferred; and

(3) must be posted conspicuously in public view in the food establishment.

(c) The operator of a bar or tavern shall obtain a food service permit under this chapter for service of beverages even if other food is not served.

(d) The department will not issue a permit to an operation in an occupied residential dwelling, except for an operation in

(1) a restricted food service transient occupancy establishment;

(2) a residential child care facility, if the facility is required to have a license from the Department of Health under AS 47.32 and 7 AAC 50;

(3) a child care facility, if the child care facility is required to have a license from the Department of Health under AS 47.32 and 7 AAC 57; or

(4) an assisted living home, if that facility is required to have a license from the Department of Health under AS 47.32, AS 47.33, and 7 AAC 75.

(e) Except as otherwise provided in this section, each separate operation within a food establishment must have a separate permit. Operations that require a separate permit include

(1) a commissary, if not already permitted under this chapter as a food establishment; and

(2) each operation if two or more operations share some facilities, such as warewashing, refrigerator, freezer, or storage areas, but the preparation or processing area and the display or service area of each operation are segregated by distance or time; segregation by time occurs if different operations use the same areas at different times of the day.

(f) A separate

(1) food service permit is not required for

(A) a food establishment permitted under this chapter if

(i) customers serve themselves with individual prepackaged foods that may be heated; and

(ii) the establishment provides single-service tableware and condiments;

(B) service of food at an auxiliary site, such as a banquet room, snack room at a labor camp, additional service area, or pushcart, if

(i) the auxiliary site is located on the same premises as the permitted food service and has the same operator as the permitted food service; and

(ii) food preparation occurs at the permitted food service;

(i) the market has a permitted food service within the market; and

(ii) all preparation occurs at the permitted food service, except for final cooking or portioning at the station;

(D) a mobile food unit permitted under this chapter that is operating as a temporary food service;

(E) a food service permitted under this chapter that is also operating as a caterer outside the permitted establishment if all preparation, except final cooking, reheating, or portioning at the site, occurs at the permitted establishment;

(F) a beverage-dispensing portion of a bar or tavern with

(i) a limited food service at the bar or tavern; or

(ii) an additional food service at the bar or tavern;

(2) food processing permit is not required for

(A) a food service permitted under this chapter that is also

(i) manufacturing ice for use within the establishment or for onsite retail sale;

(ii) roasting coffee for use within the establishment or for onsite retail sale; or

(iii) processing food for wholesale distribution;

(B) a seafood processor permitted under 18 AAC 34; this exception also applies to a seafood processor permitted under 18 AAC 34 that, in addition to processing seafood, processes non-seafood products at the permitted facility using the same types of processes for the non-seafood products as are permitted under 18 AAC 34 for the seafood products; however, the seafood processor must comply with other applicable provisions of this chapter for the non-seafood products; or

(i) acidifies, cures, dehydrates, or thermal processes low-acid food;

(ii) reduced oxygen packages under 18 AAC 31.265(c);

(iii) conducts a limited amount of processing, such as the trimming or cutting of produce, or the slicing of processed meat and cheese; or

(iv) provides retail customer self-service to change the form of a food, such as for juice squeezing or the grinding of nuts or coffee; and

(3) market permit is not required for a sales counter or other display area

(A) that is used primarily for the retail sale of products processed within that facility; and

(B) that is located within

(i) a meat processing facility under mandatory or voluntary USDA inspection;

(ii) a seafood processing facility permitted under 18 AAC 34; or

(iii) a processing facility permitted under this chapter.

(g) A permit for a temporary food service, limited food service, kiosk, or mobile food unit issued under this section is valid

(1) only for service of the food approved for that operation at the time of application; and

(2) for a temporary food service, for no more than 21 consecutive days in conjunction with a single event, or, if operating at the same location, no more than two days in any one week, for no more than 120 days total.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180; AS 44.46.025 AS 17.20.070; AS 17.20.200
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 12/23/99, Register 152; am 12/31/2000, Register 156; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.021 Permit: conditional

(a) The department will issue a conditional permit if the department determines that a conditional permit serves the interests of public health and consumer protection, and if

(1) for a new or extensively remodeled food establishment, the initial evaluation or plan review indicates

(A) the establishment is not in compliance with this chapter;

(B) a risk factor or intervention violation or imminent health hazard does not exist; and

(2) for an existing facility, a letter of agreement, negotiated order, compliance order, uniform summons and complaint, or other enforcement and compliance action has been issued by the department and signed by the operator of the food establishment for one or more violations of 18 AAC 30, this chapter, 18 AAC 32, 18 AAC 34, 18 AAC 72, or 18 AAC 80;

(3) public water system plans have been submitted for department review as required by 18 AAC 31.030, but have not been reviewed by the department; or

(4) the operator of an existing food establishment makes a written request to the department to establish a fee payment schedule, not to exceed six months, for fees incurred under 18 AAC 31.050; a request submitted under this paragraph must include

(A) the reason for the request; and

(B) the proposed fee payment schedule.

(b) In a conditional permit issued under (a) of this section, the department will specify

(1) each violation and the date set under 18 AAC 31.900 by which the violations must be corrected; or

(2) the fee payment schedule agreed upon under (a)(4) of this section.

History

Authority: AS 17.20.005; AS 17.20.180; AS 44.46.025 AS 17.20.070; AS 17.20.200 AS 17.20.072; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.030 Permit application and renewal

(a) At least 30 days before construction, commencing operation, or a change in the operator of a food establishment, an applicant shall apply for a permit for each type of operation at a food establishment subject to the permit requirements of 18 AAC 31.020, using a form provided by the department. A separate form is not required for each type of operation.

(b) Except for a temporary food service subject to (d) of this section, an application submitted under this section

(1) must identify each type of operation within the food establishment;

(2) must be accompanied by the permit fee required by 18 AAC 31.050 for each type of operation; and

(3) for a new or extensively remodeled food establishment or a change of operator, or significant change in types of food, methods of preparation, or style of service, must also include the information required by 18 AAC 31.040.

(1) if required by 18 AAC 31.260, must include a hazard analysis critical control point (HACCP) plan;

(2) as required by 18 AAC 31.720, for thermally processed low-acid food, must include a copy of the canning form submitted to FDA under 21 C.F.R. 108.35, adopted by reference in 18 AAC 31.011, and the scheduled process from a recognized processing authority or from a food science department of an accredited university, as required under 21 C.F.R. 113.83, adopted by reference in 18 AAC 31.011;

(3) for a limited food service, mobile food unit, or kiosk, must also

(A) describe food items to be prepared and methods of preparation at the limited food service, mobile food unit, or kiosk;

(B) if a commissary is used,

(i) describe food items to be prepared and methods of preparation at the commissary;

(ii) describe support services to be provided at the commissary; and

(iii) include a letter from the commissary operator that confirms the information provided under (i) and (ii) of this subparagraph; and

(C) if the application is for a kiosk located outside of a building, include a copy of a contract or agreement with a potable water hauler and wastewater hauler that indicates the operator will comply with 18 AAC 31.615;

(4) for a caterer, must also describe the equipment used to protect food from contamination and to maintain product temperature during holding, transportation, and service;

(5) for an operation that will use vending machines that dispense potentially hazardous foods, must also include

(A) the information on the label required under 18 AAC 31.630(b)(9); and

(B) for each machine,

(i) the exact location address of the machine; and

(ii) identification of the commissary or other permitted facility from which the machine will be serviced;

(6) for a mobile retail vendor selling seafood, must also identify the source of seafood, including the source's name and address and, if applicable, the source's seafood processing permit number issued by the department under 18 AAC 34.035;

(7) if a product requires a label, must also include a food label or representative copy of the label, as specified in 18 AAC 31.060; and

(8) if applicable, must also include a statement that required plans have been submitted for department review and approval for the public water system under 18 AAC 80.

(9) as required by 18 AAC 31.720, for acidified food, must include a copy of the scheduled process submitted to FDA under 21 C.F.R. 108.25, adopted by reference in 18 AAC 31.011, from a qualified person who has expert knowledge acquired through appropriate training and experience in the acidification and processing of acidified foods as required under 21 C.F.R. 114.83, adopted by reference in 18 AAC 31.011.

(d) An application for a temporary food service permit must include

(1) the permit fee required by 18 AAC 31.050;

(2) the proposed dates of the event;

(3) a sketch of the booth or other enclosure, indicating the

(A) floor, wall, and ceiling finishes; and

(B) location and type of equipment and furnishings;

(4) a list of menu items; and

(5) proposed methods of preparation and service.

(e) To continue operating, an operator must renew a permit each year on or before December 31 by paying the fee required by 18 AAC 31.050. If the operator operates only during the summer season, the operator must renew a permit each year on or before May 1 by paying the fee required by 18 AAC 31.050. The department may require an operator who seeks to renew a permit issued under 18 AAC 31.020 to submit information to confirm compliance with this chapter, including copies of

(1) certified food protection manager certification, as specified in 18 AAC 31.325; and

(2) food worker cards, as specified in 18 AAC 31.330.

History

Authority: AS 17.20.005; AS 17.20.180 AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 6/23/2006, Register 178; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.040 Pre-construction and operation plan review and pre-operation inspection

(a) The operator of a food establishment shall submit to the department, on a form provided by the department, plans that comply with (c) of this section, at least 30 days before construction, or if construction is not necessary, at least 30 days before commencing operation if

(1) a food establishment is to be constructed;

(2) an existing structure not currently used as a food establishment is to be converted for use as a food establishment;

(3) an existing food establishment is proposed to be extensively remodeled;

(4) a new type of operation is to be added to an existing food establishment; or

(5) the food establishment has not previously been issued a permit under this chapter.

(b) The operator of a food establishment shall obtain approval before any proposed significant change to the food establishment's types of food, methods of processing or preparation, style of service, or seating capacity.

(c) Except if plans are for a temporary food service subject to 18 AAC 31.600, plans submitted under this section must include

(1) a plot plan of the entire premises showing the location of buildings, the refuse storage site, the potable water supply, the wastewater disposal system, and access for deliveries;

(2) a detailed to-scale drawing of the food establishment showing the type, model, and location of equipment, and plumbing fixtures such as sinks and toilets;

(3) a plumbing schematic that depicts hot and cold water lines, wastewater lines, floor drains, and grease traps;

(4) the construction and design specifications for equipment;

(5) the finish materials specifications for floors, walls, and ceilings;

(6) types and location specifications for lighting and ventilation;

(7) a description of

(A) food items to be served or sold;

(B) projected volumes;

(C) methods of preparation and processing, including whether foods will be ready-to-eat, cook-and-serve, complex, or a combination; in this subparagraph, "complex" means cooked, cooled, and reheated; and

(D) styles of service;

(8) the seating capacity;

(9) a description of equipment used to maintain temperatures during transportation, display, and service; and

(10) the plan review fee required by 18 AAC 31.050.

(d) A food service that has a seating capacity of at least 50 individuals and all markets maintained primarily for the retail sale of food must indicate compliance with AS 18.35.300 relating to the regulation of smoking.

(e) The department will approve plans submitted under this section if the plans demonstrate compliance with this chapter.

(f) The department may conduct an inspection of a facility under 18 AAC 31.900 or require a self-inspection to confirm compliance with this chapter and the plans approved under this section.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.200 AS 17.20.070; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 12/23/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.050 Fees

(a) Except as otherwise provided in this section, at the time of application for a new permit under 18 AAC 31.030 or within 30 days after receiving the first notice that a fee is due for a permit renewal, the operator of a food establishment subject to the permit requirements of 18 AAC 31.020 shall pay to the department an annual permit fee for each separate type of operation at the food establishment as follows:

(1) for a food service that

(A) except for a food service listed in (B) - (F) and (J) of this paragraph, has

(i) 0 - 25 seats: $400;

(ii) 26 - 100 seats: $490; or

(iii) more than 100 seats: $580;

(B) is a limited food service: $190;

(D) is a self-contained mobile food unit: $215;

(E) is a caterer: $430;

(F) is a beverage-dispensing portion of a bar or tavern

(i) without an additional food service or limited food service at the bar or tavern: $280;

(ii) with a limited food service at the bar or tavern: $430; or

(iii) with an additional food service at the bar or tavern: $430;

(G) conducts a process listed in 18 AAC 31.260(a): $125 in addition to the applicable fee required under (A) - (F) of this paragraph;

(H) operates as a caterer outside the establishment and is permitted under this chapter for a different operation: $245 in addition to the applicable fee required under (A) of this paragraph;

(I) also processes food for wholesale distribution: $125 in addition to the applicable fee required under this paragraph;

(J) is a camp: $250;

(2) for a food processing establishment that

(A) conducts baking: $310;

(B) bottles drinking water or other beverages: $310;

(D) processes jam, jelly, syrup, or confections: $250;

(E) smokes, cures, acidifies, dehydrates, or reduced oxygen packages food: $400;

(F) conducts thermal processing of low-acid food: $400;

(G) processes other food: $250;

(H) conducts warehousing: $250;

(3) for a market that

(A) is a convenience store: $125;

(B) is a grocery: $310;

(D) is a retail bakery: $310;

(E) is a retail meat market; $310;

(F) is a retail seafood market: $310;

(G) is a food bank or food salvager: $250;

(H) is a mobile retail vendor: $190;

(I) conducts a process listed in 18 AAC 31.260(a): $125 in addition to the applicable fee required under (A) - (H) of this paragraph;

(4) other food establishments: $400.

(b) Except as otherwise provided in this section, an applicant for a permit for a temporary food service shall pay to the department the following permit fee at the time of application for

(1) a one day event: $35; if the application is submitted fewer than seven days before the event is to begin, the applicant shall pay an additional fee of $35;

(2) an event lasting two to three days: $65; if the application is submitted fewer than seven days before the event is to begin, the applicant shall pay an additional fee of $65;

(3) an event lasting four to seven days: $90; if the application is submitted fewer than seven days before the event is to begin, the applicant shall pay an additional fee of $90; or

(4) an event lasting eight to 28 days: $120; if the application is submitted fewer than 15 days before the event is to begin, the applicant shall pay an additional fee of $120.

(c) Subject to (r) of this section, in addition to the fees set out in (a) of this section, the operator of a food establishment who is required to submit plans to the department for review and approval under 18 AAC 31.040 shall pay to the department at the time of submission a plan review fee for each separate type of operation in an amount equal to the annual permit fee for that operation set out in (a) of this section.

(d) Repealed 11/16/2016.

(e) Repealed 11/16/2016.

(f) Repealed 11/16/2016.

(g) Repealed 12/1/2004.

(h) Repealed 12/28/2006.

(i) Repealed 11/16/2016.

(j) Repealed 12/1/2004.

(k) A fee submitted under this section is nonrefundable, except that the department will refund an annual permit fee under (a) of this section if a food establishment pays an annual permit fee but does not operate within the calendar year and the operator provides documentation on a form provided by the department and demonstrates to the department's satisfaction that, within the calendar year, the food establishment was not in operation.

(l) Unless a fee schedule is agreed upon under 18 AAC 31.021, or unless stated otherwise, a fee required under this section is due within 30 days after receiving notice that the fee is due.

(m) An operator of an establishment who stops operating that establishment remains responsible for past due fees required under this section and incurred by that operator before operations were stopped.

(n) A person who disputes an invoice issued under this section may request a fee review under 18 AAC 15.190 within 30 days after receipt of the first invoice from the department.

(o) Repealed 7/11/2002.

(p) Except for an additional fee under (b) of this section, the following organizations and types of operations permitted under this chapter are exempt from the fee requirements of this section:

(1) an organization that is exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code);

(2) a food service provided by a public or private elementary or secondary school or head start center described in AS 44.46.025(d).

(q) This section does not prohibit the imposition of a higher or a lower fee by a municipality with a delegation of authority under 18 AAC 31.945.

(r) If an organization is exempt from taxation under 26 U.S.C. 501(c)(4), (c)(10), or (c)(19), the department will reduce the annual permit fee required in (a) of this section by 50 percent, however the plan review fee required under (c) of this section will not be reduced by 50 percent.

(s) Repealed 12/1/2004.

(t) A fundraiser, promotional event, or other gathering that is open or advertised to the public, sponsored by a school class, school club, or school organization and exempted under 18 AAC 31.070(b) is exempt from the fee requirements of this section.

(u) If a new food establishment commences operation between October 1 and December 30, that establishment shall pay one-half of the annual permit fee required under (a) of this section for that year.

(v) An applicant for a food worker card described in 18 AAC 31.330 must pay to the department $10.

History

Authority: AS 17.20.005; AS 44.46.020 AS 17.20.180; AS 44.46.025
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/23/99, Register 152; am 12/31/2000, Register 156; am 6/28/2001, Register 158; am 7/11/2002, Register 163; am 12/1/2004, Register 172; am 12/28/2006, Register 180; am 11/16/2016, Register 220; am 6/25/2020, Register 234

18 AAC 31.055 Laboratory fees

The department will, if requested by an owner or operator and subject to the availability of appropriations from the legislature and the staffing needs of other projects, conduct tests on food products upon payment of the following fees:

(1) for a test dealing with microbiology:

(A) aerobic plate count (APC): $30 for each sample;

(B) presumptive coliform: $17 for each sample;

(D) Escherichia coli, non-0157: H7: $17 for each sample;

(E) Escherichia coli 0157: H7, rapid method: $25 for each sample;

(F) Staphylococcus aureus: $50 for each sample;

(G) Salmonella spp., Association of Official Analytical Chemists method: $70 for each sample with a minimum of four samples, or $80 for each sample with no minimum;

(H) Salmonella spp., rapid method: $25 for each sample;

(I) Listeria spp., Association of Official Analytical Chemists method:

(i) $35 for a negative or presumptive-positive sample; or

(ii) $50 for a positive sample, including confirmation of positive identification;

(J) Listeria spp., rapid method: $25 for each sample;

(K) Streptococcus spp.: $25 for each sample;

(L) other requested tests: $50 per hour with a one-hour minimum;

(2) for a test dealing with chemistry:

(A) water activity: $10 for each sample;

(B) water phase salt: $30 for each sample;

(D) total water: $10 for each sample;

(E) nitrate: $120 for each sample;

(F) nitrite: $30 for each sample;

(G) sulfite: $120 for each sample;

(H) heavy metals and elements: $50, plus $10 for each sample of each metal or element;

(I) pH: $20 for each sample;

(J) other requested tests: $50 per hour with a one-hour minimum;

(3) for a test dealing with organoleptics, adulteration, crude fiber, protein, or fat content: $50 per hour, billed in 15 minute increments.

History

Authority: AS 17.20.005; AS 44.46.020 AS 17.20.180; AS 44.46.025
Eff. 6/28/2001, Register 158

18 AAC 31.060 Labeling, placarding, and consumer advisory

(a) The operator of a food establishment shall ensure that food packaged in the establishment is labeled as specified in (b) of this section, except

(1) bulk, unpackaged food, such as a bakery product or unpackaged food that is portioned to consumer specification, if

(A) a health, nutrient content, or other claim is not made; and

(B) the food is manufactured or prepared on the premises of the food establishment or at another food establishment or food processing establishment that is owned by the same person and is regulated by the regulatory agency that has jurisdiction; or

(2) distilled spirits, wine, or malt beverages.

(b) Food packaged in a food establishment must be labeled

(1) except if exempted in 21 C.F.R. 101.9(j) and 9 C.F.R. 317.400, in accordance with 21 C.F.R. Part 101 or 9 C.F.R. Part 317, adopted by reference in 18 AAC 31.011;

(2) in accordance with general and standard-of-identity requirements specified in 21 C.F.R. Parts 130 - 169 and 9 C.F.R. Part 319, adopted by reference in 18 AAC 31.011;

(3) with the name of the food source for each major food allergen in accordance with 21 U.S.C. 343(w), adopted by reference in 18 AAC 31.011;

(A) means milk, egg, fish, tree nuts, wheat, peanuts, or soybeans, or a food ingredient that contains protein derived from milk, egg, fish, tree nuts, wheat, peanuts, or soybeans; and

(B) does not include

(i) a highly refined oil derived from a food specified in (A) of this paragraph and any ingredient derived from that highly refined oil; or

(ii) an ingredient that is exempt under the petition or notification process specified in 21 U.S.C. 343(w);

(4) with one of the following product holding statements, as necessary:

(A) "KEEP FROZEN", if keeping the product frozen is required to prevent growth of infectious or toxigenic microorganisms or deterioration of the product;

(B) "KEEP REFRIGERATED", if keeping the product refrigerated is required to prevent growth of infectious or toxigenic microorganisms or deterioration of the product;

(5) with the statement "PREVIOUSLY FROZEN" for meat, seafood, or poultry that has been previously frozen and thawed; and

(6) with information required in 18 AAC 31.265 and 18 AAC 31.700 - 18 AAC 31.770.

(c) The operator of a market shall prominently label bulk food that is displayed for self-service with one or more of the following forms of information, presented in plain view of the consumer:

(1) the manufacturer's or processor's label that was provided with the food;

(2) a card, sign or other method of notification that includes, except if the food is exempted in 21 C.F.R. 101.9(j) or 9 C.F.R. 317.400, the information required in 21 C.F.R. Part 101 and 9 C.F.R. Part 317, adopted by reference in 18 AAC 31.011.

(d) The operator of a food establishment that sells, uses, or serves mushrooms picked in the wild shall ensure the mushrooms are conspicuously identified by a label, placard, or menu notation that states

(1) the common and usual name of the mushroom; and

(2) the statement "Wild mushrooms; not an inspected product".

(e) The operator of a food establishment that sells, uses, or serves salmonid fish containing canthaxanthin or astaxanthin shall display the labeling from the bulk fish container, including a list of ingredients, on the retail container or by other written means that discloses the use of canthaxanthin or astaxanthin. For purposes of this subsection, "salmonid fish" includes pink salmon, coho salmon, sockeye salmon, Chinook salmon, Atlantic salmon, chum salmon, rainbow trout, cutthroat trout, and brown trout.

(f) If a food establishment sells, uses, or serves beef, eggs, seafood, lamb, milk, pork, poultry, molluscan shellfish, or another animal food, either ready-to-eat or as an ingredient in another ready-to-eat food, and sells, uses, or serves that animal food raw, not cooked to the temperature specified in 18 AAC 31.232, or without otherwise being processed to eliminate pathogens, the operator of the food establishment shall inform consumers of the significantly increased risk of consuming those foods by the use of a brochure, deli case or menu advisory, label statement, table tent, placard, or other effective written means that contains

(1) disclosure by either

(A) a description of the animal-derived food, such as "oysters on the half shell (raw oysters)", "raw-egg Caesar salad", and "hamburgers (can be cooked to order)"; or

(B) identification of the animal-derived food by an asterisk by the name of the food to a footnote that states that the items are served raw or undercooked, or contain or may contain raw or undercooked ingredients; and

(2) a reminder that includes an asterisk by the description or identification of the animal-derived food requiring disclosure to a footnote that states

(A) "Regarding the safety of these foods, written information is available upon request.";

(B) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness."; or

(C) "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.".

(g) The operator of a food establishment shall submit to the department an example of a label or notice intended for use under this section for department review before use.

History

Authority: AS 17.20.005; AS 17.20.049; AS 17.20.300 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.040; AS 17.20.180 AS 17.20.044; AS 17.20.290
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.070 School food establishments

(a) The department will exempt a fundraiser, promotional event, or other gathering that is open or advertised to the public and sponsored by a school class, school club, or other school organization from the permit requirements under 18 AAC 31.020 and the fee requirements under 18 AAC 31.050 upon receiving an application as described in (b) of this section, if the department determines that the exemption serves the interests of public health and consumer protection, and if the information submitted under (b) of this section indicates that the food is

(1) prepared in a permitted food establishment located on the school premises;

(2) served on the school premises; and

(3) served immediately after preparation.

(b) A school class, school club, or other school organization that seeks an exemption as described in (a) of this section must apply to the department, using a form provided by the department. The application must identify the

(1) name of the school class, school club, or other school organization;

(2) proposed dates of food service operation;

(3) proposed permitted school food establishment where food will be prepared;

(4) proposed types of meals, the proposed holding, serving, and preparation methods, and the proposed source of food; and

(5) location where the food will be served or sold.

(c) The following school class, school club, or other school organization events are exempt from the requirements of this chapter, if the food is prepared by and for members of the school class, club, or organization, and their invited guests:

(1) a gathering, including a party, picnic, or potluck;

(2) preparation and service of snacks routinely served during school hours in classrooms;

(3) cooking in classrooms as a class or as a club activity.

(d) Except as provided in (a) of this section, an event listed in (c) of this section must comply with this chapter if the event is advertised or open to the public, with or without charge.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180; AS 44.46.025 AS 17.20.020; AS 17.20.290
Eff. 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/24/2012, Register 202

Article 2 Food Care

18 AAC 31.200 Food condition and source

(a) The operator of a food establishment shall ensure that food used in the food establishment is wholesome, not adulterated, and safe for human consumption.

(b) In addition, food must be obtained from an approved source, except

(1) sport-caught seafood that is obtained by a food service

(A) from the individual who caught the seafood;

(B) for preparation and service only to that individual; and

(2) salmon from a hatchery permitted by the Department of Fish and Game that is donated to a food bank;

(3) no more than 500 pounds of seafood in one week that is obtained by a food service or market from a commercial fisherman if

(A) the operator of a food service or market obtains a written variance from the department under 18 AAC 31.930;

(B) seafood processing activities are limited to butchering, freezing, and cooking; and

(C) seafood processing in the food service or market is separated from other preparation or processing by location or time;

(4) traditional wild game meat, seafood, plants and other food donated to an institution or a nonprofit program, as specified in 18 AAC 31.205;

(5) reindeer for retail sale to or at a market, as specified in 18 AAC 31.820;

(6) meat imported from a foreign country with a program for the inspection of game meat approved by the USDA or the FDA;

(7) repealed 6/6/2021;

(8) mushrooms picked in the wild if the requirements specified in 18 AAC 31.060 are met.

(c) In addition to meeting the requirements of (a) and (b) of this section, the operator of a food establishment shall obtain

(1) packaged food that is

(A) in good condition;

(B) in a package that protects the integrity of the contents so that food is not exposed to adulteration or potential contaminants; and

(i) meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption; and

(ii) eggs that have not been specifically treated to destroy all viable Salmonellae;

(2) raw, raw-marinated, partially cooked, or marinated-partially cooked seafood that is intended for consumption in the raw form from a supplier that freezes the seafood, as specified in 18 AAC 31.250, unless the operator freezes the seafood on the premises, as specified in 18 AAC 31.250;

(3) fluid milk and milk products that are pasteurized and that meet the Grade A quality standards specified in 18 AAC 32; the operator of a food service may reconstitute powdered milk with potable water or Grade A milk if the reconstituted powdered milk is used within 24 hours after reconstitution;

(4) shell eggs that are clean and sound and that do not exceed the restricted egg tolerances for United States Consumer Grade B as specified in 7 C.F.R. Part 56 and 9 C.F.R. Part 590, adopted by reference in 18 AAC 31.011;

(5) egg products, including liquid, frozen, or dry eggs, that are pasteurized;

(6) molluscan shellfish that are reasonably free of mud, dead molluscan shellfish, and molluscan shellfish with broken shells and, that are packaged and identified as follows:

(A) fresh or frozen shucked molluscan shellfish packaged in a single-use container with a label that identifies the name, address, and permit number of the shucker-packer or repacker of the molluscan shellfish, and either the sell-by date or the date shucked;

(B) fresh or frozen molluscan shellfish packaged in a container that bears legible source identification tags or labels affixed by the harvester and each dealer that list

(i) the harvester's permit number, the date of harvest, the most precise identification of the harvest location, and the type and quantity of molluscan shellfish;

(ii) each dealer's name, address, and permit number;

(iii) the original shipper's permit number; and

(iv) the statement, "This tag is required to be attached until container is empty or retagged and thereafter kept on file for 90 days.".

(d) The operator of a food establishment shall ensure that molluscan shellfish are not removed from the container in which they are received other than immediately before sale or preparation for service. However, if molluscan shellfish from one tagged or labeled container are not commingled with molluscan shellfish from another tagged or labeled container with different identification numbers, harvest dates, or growing areas as identified on the tag or label,

(1) the molluscan shellfish may be either displayed on drained ice or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer, if the source of the molluscan shellfish on display is identified, as specified in (c)(6) of this section;

(2) shucked molluscan shellfish may be held in a display container from which individual servings are dispensed upon a consumer's request, if the labeling information for the molluscan shellfish on display as specified in (c)(6) of this section is

(A) retained as specified in 18 AAC 31.335; and

(B) correlated to the date when the molluscan shellfish are sold or served; and

(3) shucked molluscan shellfish may be repacked in consumer self-service containers, if

(A) the labeling information for the molluscan shellfish is on each consumer self-service container, as specified in (c)(6) of this section and 18 AAC 31.060; and

(B) the labeling information specified in (c)(6) of this section is

(i) retained as specified in 18 AAC 31.335; and

(ii) correlated with the date when the molluscan shellfish is sold.

(e) The operator of a food establishment shall ensure that the date when the last shellstock from the container is sold or served is recorded on the tag or label.

History

Authority: AS 17.20.005; AS 17.20.040; AS 17.20.346 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.030; AS 17.20.345
Eff. 5/18/97, Register 142; am 5/23/98, Register 146; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 9/6/2003, Register 167; am 12/28/2006, Register 180; am 12/3/2010, Register 196; am 6/25/2020, Register 234; am 6/6/2021, Register 238

18 AAC 31.205 Traditional wild game meat, seafood, plants, and other food donated to an institution or a nonprofit program

Except for food prohibited under 18 AAC 31.210, traditional wild game meat, seafood, plants, and other food may be donated to a food service of an institution or a nonprofit program, including a residential child care facility with a license from the Department of Health as required by AS 47.32 and 7 AAC 50, a school lunch program, or a senior meal program, if the operator of the food service

(1) ensures that the food is received whole, gutted, gilled, as quarters, or as roasts, without further processing;

(2) makes a reasonable determination that

(A) the animal was not diseased;

(B) the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and

(3) conducts any further preparation or processing of the food at a different time or in a different space at the food service from the preparation or processing of other food to prevent cross-contamination;

(4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the food;

(5) labels donated seafood and game meat with the name of the food and stores it separately from other food through storage in a separate freezer or refrigerator or a separate compartment or shelf in the freezer or refrigerator; and

(6) meets all other applicable requirements of this chapter.

History

Authority: AS 17.20.005; AS 17.20.030; AS 17.20.180 AS 17.20.010; AS 17.20.040; AS 17.20.290 AS 17.20.020; AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 6/23/2006, Register 178

18 AAC 31.210 Prohibited food

Because of significant health hazards and the potential for human illness, the operator of a food establishment may not allow the following food in the food establishment under any circumstance:

(1) molluscan shellfish, unless the operator complies with 18 AAC 31.200(c)(6) and (d) and 18 AAC 31.335;

(2) the following game meats and oils:

(A) fox meat;

(B) polar bear meat;

(D) walrus meat;

(E) seal oil, with or without meat;

(F) whale oil, with or without meat;

(3) fermented game meat, such as beaver tail, whale flipper, seal flipper, and muktuk;

(4) fermented seafood products, such as salmon eggs or fish;

(5) hermetically sealed low-acid food, unless the food is obtained from a food processing establishment that is permitted or certified by the local, state, or federal agency with jurisdiction;

(6) reduced-oxygen packaged food, unless

(A) the food is obtained from a food processing establishment permitted under this chapter or 18 AAC 34;

(B) the food meets the requirements of 18 AAC 31.265; or

(7) smoked or dried seafood products, unless those products are prepared in a seafood processing facility permitted under 18 AAC 34 or are from another approved source.

History

Authority: AS 17.20.005; AS 17.20.040; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.215 Highly susceptible populations

(a) In a food establishment that serves a highly susceptible population in a facility that provides health care, assisted living services, or custodial care, the operator may not serve or offer the following foods in a ready-to-eat form unless the foods are prepared in response to a specific adult consumer's request:

(1) raw animal foods, including raw seafood, raw marinated seafood, raw molluscan shellfish, and steak tartare;

(2) animal food that is not cooked to the minimum temperatures provided in 18 AAC 31.232, such as lightly-cooked seafood, rare meat, soft-cooked eggs that are made from raw shell eggs, and meringue;

(3) raw seed sprouts;

(4) unpasteurized juices.

(b) In a food establishment that serves a highly susceptible population in a facility that provides health care, assisted living services, or custodial care, the operator shall ensure that pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products are substituted for raw shell eggs in the preparation of

(1) foods that typically have raw shell eggs as an ingredient; and

(2) recipes in which more than one egg is broken and the eggs are combined, except

(A) if the foods are prepared in response to a specific adult consumer's request; or

(B) the raw eggs are combined as an ingredient and are thoroughly cooked, as specified in 18 AAC 31.232, to a ready-to-eat form.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180 AS 17.20.020; AS 17.20.290
Eff. 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.220 Food protection: hands

The operator of a food establishment shall ensure that contamination of food by employees is minimized by ensuring that food that is exposed and

(1) not in a ready-to-eat form is prepared with the least possible bare hand contact; and

(2) in a ready-to-eat form is prepared with no bare hand contact by the proper use of utensils, except when washing fruits and vegetables.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.222 Food protection: food and ingredients

(a) The operator of a food establishment shall take measures to prevent contamination of food by other food and food ingredients during receiving, storage, preparation, holding, and display and shall

(1) protect food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(2) protect food from cross-contamination by separating

(A) raw animal food during storage, preparation, holding, and display from raw, ready-to-eat food and cooked, ready-to-eat food;

(B) except when combined as ingredients, types of raw animal foods from each other during storage, preparation, holding, and display by

(i) using separate equipment for each type or arranging each type of food in equipment so that cross-contamination of one type with another is prevented; and

(ii) preparing each type of food at different times or in separate areas;

(C) stored products held by the operator for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products from food, food-contact surfaces, linens, or single-service or single-use articles; and

(D) vegetables or fruit before it is washed as specified in (7) of this subsection from ready-to-eat food;

(3) cover food during storage using packages, containers, or wrappings, except

(A) quarters, sides, or large cuts of raw meat or slab bacon that are hung on clean, sanitized hooks or racks if no part of the meat touches walls, floors, boxes, or shelving, and food is not stored under the meat;

(B) whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;

(C) whole, uncut, processed meats, including country hams and smoked or cured sausages, that are placed on clean, sanitized racks;

(D) molluscan shellfish; or

(E) food being cooled, as specified under 18 AAC 31.234;

(4) store and display food and containers of food

(A) at least six inches above the floor on storage or display shelving or equipment in a clean, dry location where the food is not exposed to splash, dust, or other contamination, except that

(i) food in cases, or large containers of packaged food, such as flour and sugar, may be stored on dollies, skids, or open-ended pallets if that equipment is easily movable by hand or with the use of pallet-moving equipment that is available on the premises at all times; and

(ii) large, impervious, covered containers or cases of food, metal beverage containers, and food packaged in cans, glass, or other sealed, waterproof containers need not be elevated if the container is not exposed to floor moisture and the floor is clean; and

(B) in a location that will not cause contamination; a location that may cause contamination includes a locker room, toilet room, dressing room, garbage room, mechanical room, or under an exposed sewer line, an open stairwell, a leaking refrigeration condenser, or a leaking or dripping waterline, including a leaking automatic fire sprinkler head or under a line on which water has condensed;

(5) label containers holding food or food ingredients that are removed from the original package for use in the food establishment with the common name of the food, except molluscan shellfish subject to 18 AAC 31.200 and containers holding food that can be readily and unmistakably recognized;

(6) prevent contamination from ice by ensuring

(A) packaged food is not stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water;

(B) except for whole, raw fruits and vegetables, and cut, raw vegetables and tofu, unpackaged food is not stored in direct contact with undrained ice; raw poultry or raw seafood that is received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale;

(C) ice used to cool the exterior surfaces of food, packaged food, food containers, or food-contact surfaces is not served to consumers or otherwise used as food; and

(D) ice for use as food or as a cooling medium is made from potable water;

(7) except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, wash raw fruits and vegetables thoroughly with potable water to remove soil and other contamination before those fruits and vegetables are cut, combined with other ingredients, cooked, served, or offered for human consumption in a ready-to-eat form;

(8) prevent contamination from whole eggs that have not been pasteurized; and

(9) clean hermetically sealed containers of food or visible soil before opening.

(b) The operator of a food establishment shall ensure that food is protected from contamination that may result from adulteration due to the addition of an unsafe or unapproved food additive or an unsafe or unapproved level of an approved food additive.

(c) The operator of a food establishment, except a food processing establishment subject to 18 AAC 31.700 - 18 AAC 31.770, shall ensure that

(1) a sulfiting agent is not applied to fresh fruits and vegetables intended for raw consumption; and

(2) fresh fruits and vegetables intended for raw consumption that have been treated with a sulfiting agent before receipt by the food establishment are not served or sold in the establishment, except that grapes that have been treated with a sulfiting agent before receipt may be served or sold.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 12/28/2006, Register 180

18 AAC 31.224 Food protection: equipment, utensils, and linens

The operator of a food establishment shall prevent contamination of food from equipment, utensils, and linens by ensuring that

(1) utensils that are gloves are used as follows:

(A) single-use gloves, if used, are

(i) used for only one task;

(ii) used for no other purpose; and

(iii) discarded when damaged or soiled or if an interruption occurs during the task;

(B) slash-resistant gloves are not used in direct contact with food, except if the

(i) food will be subsequently cooked, as specified in 18 AAC 31.232;

(ii) slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or

(iii) slash-resistant gloves are covered with a smooth, durable nonabsorbent glove or a single-use glove;

(C) cloth gloves are not used in direct contact with food unless the food is subsequently cooked, as specified in 18 AAC 31.232;

(2) food only contacts food-contact surfaces that are washed, rinsed, and sanitized, as specified at 18 AAC 31.422 - 18 AAC 31.424, or that are single-service or single-use articles;

(3) during pauses in food preparation or dispensing, food preparation and dispensing utensils are stored

(A) in the food with the handle extended out of the food;

(B) on a food-contact surface if the surface and the in-use utensil are cleaned and sanitized, as specified in 18 AAC 31.422 - 18 AAC 31.424;

(C) in running, potable water of sufficient velocity to flush particulates to the drain, if the utensils are used with moist food;

(D) in a clean, protected location if the utensil, such as an ice scoop, is used only with a food that is not potentially hazardous;

(E) in a container of potable water maintained at a temperature of 135° F or above if

(i) each utensil is washed, rinsed, and sanitized, as specified in 18 AAC 31.422 - 18 AAC 31.424, or replaced every four hours, or more frequently if necessary to preclude accumulation of residues; and

(ii) each container is washed, rinsed, and sanitized, as specified in 18 AAC 31.422 - 18 AAC 31.424, or replaced every 24 hours, or when emptied, whichever is earlier; or

(F) in a container of potable water maintained at a temperature of 41° F or below if

(ii) each container is washed, rinsed, and sanitized, as specified in 18 AAC 31.422 - 18 AAC 31.424, or replaced every 24 hours, or when emptied, whichever is earlier;

(4) moist cloths in use for wiping counters and other equipment surfaces are

(A) held between uses in a chemical sanitizer solution; the chemical sanitizer solution must be

(i) at least 100 ppm hypochlorite solution or another equivalent sanitizer solution in a concentration as specified by manufacturer's instructions as measured using a test kit or other device;

(ii) free of food debris and visible soil; and

(iii) in a container that is used in a manner that prevents contamination of food, food-contact surfaces, or single-service or single-use articles;

(B) not used for another purpose;

(D) if in contact with raw animal foods, kept separate from cloths used for other purposes, and kept in a separate sanitizing solution;

(5) cloths in use for wiping, from tableware and carry-out containers, food spills that occur as food is being served are maintained dry, used for no other purpose, and laundered daily;

(6) dry wiping cloths are free of food debris and visible soil; and

(7) linens and napkins are not used in contact with food, except

(A) if linens or napkins are used to line a container for the service of food; and

(B) the linens or napkins are replaced each time the container is refilled for a new consumer.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 12/28/2006, Register 180

18 AAC 31.226 Food protection: consumers

(a) The operator of a food establishment shall prevent contamination of food from consumers by ensuring that

(1) except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food is protected from consumer contamination during display by the use of

(A) packaging;

(B) counter, service line, or salad bar food guards;

(D) other effective means;

(2) condiments are protected from contamination by being kept in

(A) dispensers that are designed to provide protection;

(B) protected food displays that are provided with the proper utensils;

(D) individual packages or portions;

(3) raw, unpackaged meat, poultry, or seafood is not offered for consumer self-service, except for

(A) consumer self-service of ready-to-eat foods at a buffet or salad bar that serves food such as sushi or raw molluscan shellfish;

(B) ready-to-cook individual portions for immediate cooking and consumption on the premises; or

(4) consumer self-service operations for ready-to-eat food are provided with suitable utensils or effective dispensing methods that protect the food from contamination and that dispensing utensils for self-service of nonpotentially hazardous food are stored between uses in the food, with the handle extended out of the food, or on a clean surface;

(5) soiled tableware is not

(A) re-used by a self-service consumer who returns to the service area for more food or beverage, except that a cup or container may be reused if refilling is by an automatic dispensing device designed to prevent contact between the device and the lip-contact surface of the cup or glass; or

(B) used by an employee to provide second portions or refills, except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the cup or container; and

(6) after food has been served or sold to and is in the possession of a consumer, food that is unused or returned by the consumer is not offered as food for human consumption, except if

(A) the food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(B) the food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 12/28/2006, Register 180

18 AAC 31.228 Food protection: disposition of unsafe, adulterated, contaminated food

The operator of a food establishment shall discard or recondition unsafe, adulterated, or contaminated food as follows:

(1) food that is unsafe, adulterated, or not honestly presented, as specified at 18 AAC 31.200, must be discarded or may be reconditioned according to the establishment's procedure;

(2) food that is not from an approved source, as specified in 18 AAC 31.200, must be discarded;

(3) ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded, as specified in 18 AAC 31.300, must be discarded;

(4) food that is contaminated by an employee, consumer, or other individual through contact with hands, bodily discharges, or other means must be discarded.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 12/28/2006, Register 180

18 AAC 31.230 Temperature and time control: receiving and thawing

The operator of a food establishment shall ensure that

(1) upon receipt, free of evidence of previous temperature abuse when received at the food establishment and

(A) for food that is refrigerated, received at 41° F or below, except as specified in 18 AAC 31.810(c)(1)(C) or otherwise specified in this chapter;

(B) for food that has been cooked to a temperature and for a time specified in 18 AAC 31.232 and that is received hot, received at 135° F or above;

(D) for food that is labeled frozen and shipped frozen by a food processing establishment, received frozen; and

(2) thawed

(A) in a refrigeration unit;

(B) while completely submerged under running potable water at 70° F or below with sufficient water velocity to agitate and float off loose particles in an overflow until thawed and then is immediately cooked or refrigerated and for a period of time that does not allow thawed portions of

(i) ready-to-eat food to rise above 41° F; or

(ii) raw animal food requiring cooking, as specified in 18 AAC 31.232, to be above 41° F for more than four hours including the time the food is exposed to the running water and the time needed for preparation for cooking;

(C) in a microwave oven and immediately transferred to conventional cooking equipment with no interruption in the process; or

(D) as part of a cooking process if the food that is frozen is cooked, as specified in 18 AAC 31.232.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.232 Temperature and time control: cooking

(a) The operator of a food establishment shall ensure that if potentially hazardous food requires cooking, all parts are cooked with no interruption in the cooking process to the minimum internal temperature, and held at that temperature for the time shown in Table B of this section except as specified in (b) of this section and Table D of this section.

TABLE B

MINIMUM INTERNAL TEMPERATURES AND TIME ITEM

TEMPERATURE

TIME

Poultry; stuffed meat,

seafood, pasta, game meat,

or poultry; stuffing

containing meat, seafood,

ratites, or poultry;

traditional wild game meat165° F 15 seconds Ground or restructured

meat, game meat, seafood;

ratites; and injected meat158° F one second155° F 15 seconds150° F one minute145° F three minutes Meat; seafood; game meat;

other potentially hazardous

food requiring cooking,

including seafood and eggs;

eggs may be cooked to a

temperature below 145° F

if ordered by an adult

consumer and prepared for

immediate service145° F 15 seconds

(b) The operator of a food establishment shall ensure that whole meat roast, including a beef, corned beef, lamb, pork, and cured pork roast, is cooked

(1) in an oven that is preheated to the temperature specified for the roast's weight in Table C of this section and that is held at that temperature; and

TABLE C

WHOLE MEAT ROAST

OVEN TYPE AND TEMPERATURE Oven Type Oven Temperature Based on Roast Weight Less than 10 pounds10 pounds or more Still Dry350° F or above250° F or above Convection325° F or above250° F or above High Humidity250° F or below250° F or below Relative humidity greater than 90 percent for at least one hour as measured in the cooking chamber or exit of the oven, or in a moisture-impermeable bag that provides 100 percent humidity.

(2) as specified in Table D of this section, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature;

TABLE D

WHOLE MEAT ROAST

MINIMUM INTERNAL TEMPERATURES AND TIME

Temperature (° F)

Time*

130 112 minutes131 89 minutes133 56 minutes135 36 minutes136 28 minutes138 18 minutes140 12 minutes1428 minutes1445 minutes1454 minutes147 134 seconds149 85 seconds151 54 seconds155 22 seconds157 14 seconds1580 seconds* Holding time may include post-oven heat rise.

(1) rotated throughout or stirred midway during the cooking process to compensate for uneven heat distribution;

(2) covered to retain surface moisture;

(3) heated to a temperature of at least 165° F in all parts of the food; and

(4) allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.

(d) In this section, "restructured meat" means meat that is potentially hazardous food, and that is processed and formed in a manner that might cause surface contaminants to become incorporated inside the final product.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.234 Temperature and time control: hot- and cold-holding, cooling, and reheating for hot-holding

The operator of a food establishment shall ensure that potentially hazardous food

(1) is held at an internal temperature of

(A) 135° F or above for hot-holding, except rare beef, which must be kept at an internal temperature of 130° F or above; and

(B) 41° F or below for cold-holding, except that eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated equipment that maintains an ambient air temperature of 45° F or below;

(2) if the food requires cooling or cold-holding after preparation or processing,

(A) is cooled from a temperature of 135° F or below to 70° F or below within two hours, and from a temperature of 70° F or below to 41° F or below within four additional hours using one of the following methods:

(i) placing the uncovered container in an ice water bath or cold running potable water and stirring frequently;

(ii) separating the food into smaller or thinner portions and refrigerating;

(iii) placing the food in a shallow pan, and refrigerating, stirring occasionally if needed;

(iv) using rapid chilling equipment;

(v) modifying the recipe by adding ice or cold potable water in the final stages of preparation;

(vi) using a container that facilitates heat transfer;

(vii) using another approved method that will result in compliance with this subparagraph;

(B) when placed in cooling or cold-holding equipment, is

(i) placed in a food container that is clearly marked with the date and time the cooling process began;

(ii) arranged in the equipment to provide maximum heat transfer through the container walls; and

(iii) loosely covered, or uncovered if protected from overhead contamination, as specified in 18 AAC 31.222, during the cooling period to facilitate heat transfer from the surface of the food; and

(C) if prepared from ingredients at ambient room temperature, such as reconstituted foods and canned tuna, is cooled to 41° F or below within four hours;

(3) if cooked, cooled, refrigerated, and then reheated for hot-holding, is reheated

(A) with no interruption in the reheating process, except as specified in (D) of this paragraph;

(B) within two hours or less;

(C) so that all parts of the food reach the following temperatures, except as specified in (D) of this paragraph and (4) of this subsection:

(i) for rare beef, 130° F or above;

(ii) for food prepared in a food service, 165° F or above for at least 15 seconds; and

(D) in accordance with each of the following steps, if a microwave oven is used:

(i) the food must be rotated or stirred at least once midway through the reheating process to compensate for uneven heat distribution;

(ii) the food must be covered to retain surface moisture;

(iii) the food must be heated to a temperature of at least 165° F in all parts of the food and allowed to stand covered for two minutes after reheating to obtain temperature equilibrium; and

(4) if the food is ready-to-eat, commercially processed food taken from a hermetically sealed container, or from an intact package from an approved food processing establishment, is reheated to a temperature of at least 135° F within two hours or less.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.236 Time as a public health control

Except for a food establishment that serves a highly susceptible population, the operator of a food establishment may use time only, rather than time in conjunction with temperature as described in 18 AAC 31.234, as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption if

(1) the food

(A) has an initial temperature of

(i) 41° F or below, if removed from cold-holding temperature control; or

(ii) 135° F or above, if removed from hot-holding temperature control;

(B) is marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control;

(i) cooked and served;

(ii) served if ready-to-eat; or

(iii) discarded;

(D) marked with a time that exceeds the four-hour limit, is discarded; and

(E) if in an unmarked container or package, is discarded; and

(2) the operator develops, maintains, and makes available to the department on request, written standard operating procedures, as specified in 18 AAC 31.902, in the food establishment that explain how the operator will comply with requirements set out in this section.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.240 Display and service

Repealed.

History

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; repealed 12/28/2006, Register 180

18 AAC 31.250 Seafood parasite destruction

(a) The operator of a food establishment may serve or sell raw, raw-marinated, partially cooked, or marinated-partially cooked seafood in ready-to-eat form if

(1) the seafood, except as specified in (b) of this section, is

(A) frozen and stored at a temperature of -4° F or below for at least 168 hours;

(B) frozen at -31° F or below until solid and stored at -31° F for at least 15 hours; or

(2) the operator creates and retains records, as specified in 18 AAC 31.335, for seafood subject to this section.

(b) The following species of seafood may be served or sold in a raw, raw-marinated, or partially cooked ready-to-eat form without freezing as specified under (a) of this section:

(1) molluscan shellfish;

(2) albacore tuna (Thunnus alalunga);

(3) yellowfin tuna (Thunnus albacares);

(4) blackfin tuna (Thunnus atlanticus);

(5) southern bluefin tuna (Thunnus maccoyii);

(6) bigeye tuna (Thunnus obesus);

(7) bluefin tuna (Thunnus thynnus);

(8) sea urchine roe (Echinus esculentus, Evechinus chloroticus, Heliocidaris spp., Loxechimus spp., Paracentrotus spp., Pseudocentrotus spp., Strongylocentrotus spp.);

(9) shrimp (Crangon spp., Exopalaemon styliferus, Macrobrachium spp., Metapenaeus spp., Palaemon serratus, Palaemonetes vulgaris, Pandalopsis dispar, Pandalus spp., Penaeus spp., Plesionika martia, Sicyonia brevirostris, Pleoticus robustus, Pandalus borealis, Pandalus jordani, Hymenopenaeus sibogae);

(10) other species of seafood if parasites are not listed as a potential hazard in Table 3-1 (Potential Vertebrate Species Related Hazards) or Table 3-2 (Potential Invertebrate Species Related Hazards) of Fish and Fisheries Products Hazards and Controls Guidance, adopted by reference in 18 AAC 31.011.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.260 Hazard analysis critical control point (HACCP) plan

(a) Unless otherwise provided in this section, and except as provided in 18 AAC 31.265(b) or 18 AAC 31.700, the operator of a food establishment shall develop and follow a hazard analysis critical control point (HACCP) plan if the following processes are used:

(1) smoking as a method of food preservation rather than a method of flavor enhancement;

(2) curing;

(3) using food additives or adding ingredients, such as vinegar,

(A) as a method of food preservation rather than a method of flavor enhancement; or

(B) to render a food so that it is not a potentially hazardous food;

(4) packaging a potentially hazardous food using a reduced oxygen packaging method, unless using a method described in 18 AAC 31.265(b);

(5) sprouting seeds or beans; or

(6) using any other process that allows the rapid and progressive growth of infectious or toxigenic microorganisms, or the slower growth of Clostridium botulinum.

(b) Before engaging in an activity described in (a) of this section, an operator shall submit to the department for approval a properly prepared HACCP plan that includes

(1) the operator's name, the food establishment address, and contact information;

(2) the food or type of food that is to be controlled under the plan;

(3) a process flow diagram or chart for each specific food or type of food that identifies

(A) each step in the process;

(B) the hazards and controls for each step in the process flow diagram or chart;

(D) the ingredients, materials, and equipment used in the preparation of that food; and

(E) formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved; and

(4) a critical control point summary for each specific food or type of food that clearly identifies

(A) the critical control point being summarized;

(B) the critical limit for each critical control point;

(C) the method and frequency for monitoring and controlling each critical control point and the identification or job title of the designated employee or the person in charge of monitoring and controlling;

(D) the method and frequency for the person in charge to routinely verify that the designated employee is following standard operating procedures and monitoring critical control points;

(E) action to be taken by the designated employee or person in charge if the critical limits for each critical control point are not met; and

(F) records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed.

(c) In addition to meeting the requirements of (b) of this section, the operator must also submit a copy of the HACCP plan for department review and comment for a new product or a change in processing procedures if the department finds that a review is necessary to determine compliance with this chapter.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180
Eff. 6/25/2020, Register 234

18 AAC 31.265 Reduced oxygen packaging at food services or markets

(a) In addition to meeting the other applicable requirements of this chapter, the operator of a food service or market who packages potentially hazardous food using reduced oxygen packaging methods shall comply with this section.

(b) The operator of a food service or market may reduce oxygen package the following without developing a HACCP plan under 18 AAC 31.260:

(1) nonpotentially hazardous food;

(2) food that is received frozen and kept frozen until use, subject to (3) of this subsection; and

(3) food that is rapidly frozen before or as part of a reduced oxygen packaging process and stored frozen until reheated or thawed for immediate use; food described in this paragraph and (2) of this subsection must meet the following continuous cooling, freezing, and thawing requirements:

(A) once a food has been cooled to 135° F, the food must be further cooled to 70° F or below within two hours;

(B) once a food has been cooled to 70° F, the food must be further cooled to 41° F or below within four hours;

(D) for seafood, the food must be removed from the packaging

(i) before thawing in accordance with 18 AAC 31.230(2)(A); or

(ii) immediately after completion of thawing in accordance with 18 AAC 31.230(2)(B);

(4) food that is always

(A) labeled with the production time and date;

(B) held at 41° F or less during refrigerated storage; and

(c) Except as provided in (e), (h), and (i) of this section, the operator of a food service or market may reduce oxygen package food in addition to the food described in (b) of this section if the food has characteristics that will present a barrier to the growth of infectious or toxigenic microorganisms, including Listeria monocytogenes and Clostridium botulinum, and a HACCP plan is developed and followed as required in 18 AAC 31.260. Food subject to this subsection includes

(1) food with a water activity that measures below 0.91;

(2) food with a pH of 4.6 or less;

(3) food cured onsite using a standard recipe approved by the department with an initial sodium nitrite concentration of 120 ppm and 3.5 percent water phase salt concentration;

(4) a meat or poultry that is product cured at a food processing plant regulated by the USDA using substances specified in 9 C.F.R. 424.21, adopted by reference in 18 AAC 31.011, and that is received in an intact package; and

(5) food with a high level of competing organisms, including raw meat, raw poultry, or raw vegetables.

(d) Except as specified in (h) and (i) of this section, and except for seafood subject to 18 AAC 34, if food is reduced oxygen packaged under (c) of this section, the operator of a food service or market shall

(1) discard the food if, later than 30 days after packaging, it is not served or sold for consumption;

(2) limit the refrigerated shelf life of the reduced oxygen packaged food to the earlier of the following:

(A) not more than 30 days from packaging to sale, service, or consumption, except the time the product is maintained frozen;

(B) the original manufacturer's "sell by" or "use by" date; and

(3) attach the following labels:

(A) "Keep refrigerated at 41° F or below and use within 30 days of purchase, unless frozen."; and

(B) "Sell by month/day/year.", with the date specified being not more than 30 days after packaging.

(e) The following food products may not be reduced oxygen packaged at a food service or market:

(1) uncured meat and poultry cooked at a food service or market unless they meet the requirements of (i) of this section;

(2) ricotta cheese, cottage cheese, cheese spread, and combinations of cheese and other ingredients, such as vegetables or meat;

(3) seafood products that are acidified, dehydrated, smoked, or thermally processed unless the food service or market also has a current permit issued under 18 AAC 34; and

(4) other seafood products unless they meet requirements in (b)(2) or (3) of this section.

(f) In addition to meeting the requirements in (a) - (e) of this section, the operator of a food service or market shall ensure that

(1) all aspects of a reduced oxygen packaging process are conducted in an area completely separated by partition or space from areas used for raw or fully cooked products, except those raw or fully cooked products being reduced oxygen packaged, and that the dedicated reduced oxygen packaging area is not used for any other purpose;

(2) conspicuous signs are posted in the reduced oxygen packaging area that

(A) list products that may be reduced oxygen packaged; and

(B) warn against packaging or reduced oxygen packaging any other product in that area;

(3) only persons who are trained regarding use of the equipment, procedures, and concepts required for safe packaging are allowed to use reduced oxygen packaging equipment;

(4) potentially hazardous food approved for reduced oxygen packaging is refrigerated at a temperature of 41° F or below or frozen at a temperature of 0° F or below, as appropriate, at all times except during short periods of processing, not to exceed 30 minutes;

(5) gases, if used in reduced oxygen packaging, are of food grade; and

(6) reduced oxygen packaging material is appropriate and adequate for the food, associated pa tho gens, and method of processing, including the type of gas, if any.

(g) In addition to meeting the labeling requirements of this section, the operator of a food service or market shall ensure that reduced oxygen packaging meets the applicable requirements of 18 AAC 31.060.

(h) Except as provided in (e)(2) of this section, the operator of a food service or market may package cheeses using a reduced oxygen packaging method if the operator

(1) limits the cheeses that are reduced oxygen packaged to those that

(A) are commercially processed in a food processing plant with no ingredients added in the food service or market; and

(B) meet the standards of identity as specified in 21 C.F.R. 133.150, 21 C.F.R. 133.169, or 21 C.F.R. 133.187, adopted by reference in 18 AAC 31.011;

(2) has a HACCP plan developed and followed as required in 18 AAC 31.260;

(3) complies with (a), (b), (f), and (g) of this section;

(4) labels the reduced oxygen package on the principal display panel with a "use by" date that does not exceed 30 days or the original manufacturer's "sell by" or "use by" date, whichever occurs first; and

(5) discards the reduced oxygen packaged cheese if it is not sold, served, or consumed 30 days or fewer after its packaging.

(i) The operator of a food establishment who reduced oxygen packages potentially hazardous food using a cook-chill or sous vide process shall ensure that

(1) the food is prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer;

(2) the food is cooked to heat all parts of the food to a temperature and time as specified under 18 AAC 31.232;

(3) the food is placed

(A) in a package with an oxygen barrier and sealed before cooking; or

(B) placed in a package with an oxygen barrier and sealed immediately after cooking and before reaching a temperature below 135° F;

(4) the food is cooled to 41° F or below in the sealed package or bag as specified under 18 AAC 31.234(2) and either

(A) once the food is cooled to 41° F, cooled to 34° F or below within 48 hours and held at that temperature until consumed or discarded within 30 days after the date of packaging;

(B) held at 41° F or below for not more than seven days after the date of packaging, at which time the food must be consumed or discarded; or

(5) the food is held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily;

(6) if the food is transported off site to a satellite location of the same food establishment, the transport vehicle or container is equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation;

(7) the food is labeled with the product name and date packaged; and

(8) records are

(A) maintained to confirm that cooling and cold-holding refrigeration time and temperature requirements are met as required as part of the HACCP plan;

(B) retained for at least six months; and

History

Authority: AS 17.20.005; AS 17.20.040; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 6/25/2020, Register 234

Article 3 Management and Personnel

18 AAC 31.300 Employee health

(a) The operator of a food establishment shall take all reasonable precautions to ensure that each employee with an infected wound or a disease communicable by food is not working in a food establishment in any capacity that might contaminate food or a food-contact surface.

(b) The operator of a food establishment shall ensure that

(1) each applicant to whom a conditional offer of employment is made and each employee reports each of the following conditions to the operator, including the date of onset, as it relates to diseases that are transmissible through food, if the employee or applicant has, or is diagnosed with, that condition:

(A) vomiting;

(B) diarrhea;

(D) sore throat with fever;

(E) a lesion containing pus, such as a boil or infected wound, that is opening and draining and is

(i) on the hands or wrists, unless an impermeable cover such as a finger cot or stall, protects the lesion and a single-use glove is worn over the impermeable cover;

(ii) on exposed portions of the arms, unless the lesion is protected by an impermeable cover; or

(iii) on other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;

(F) Salmonella Typhi, within the previous three months, without the individual having received antibiotic therapy;

(G) Shigella spp.;

(H) Enterohemorrhagic or Shiga toxin-producing Escherichia coli;

(I) hepatitis A virus;

(J) Norovirus;

(2) an employee or applicant who is experiencing a symptom of a disease transmissible by food as described in (1)(A) - (E) of this subsection is either excluded or restricted as listed in Table E of this section; and

TABLE E

EXCLUSION OR RESTRICTION REQUIREMENTS FOR SYMPTOMATIC

EMPLOYEES OR APPLICANTS

Symptom Exclusion or Restriction Removing

Exclusion

Restriction *Department

Environmental

Conservation

Approval

Needed to

Work? Establishments

Serving

Highly

Susceptible

Population

All

Other

Establishments VomitingExcludeExcludeWhen the

excluded

employee

has been

asymptomatic

for at least

24 hours.NoDiarrheaExcludeExcludeWhen the

excluded

employee

has been

asymptomatic

for at least

24 hours.NoJaundiceExclude if the

onset occurred

within the last

seven daysExclude if the

onset occurred

within the last

seven daysWhen approval

is obtained

from the

Department

of Health.Yes, unless

medical

documentation

is provided to

the operator.Sore Throat

with FeverExcludeRestrictWhen the

employee

provides

written

medical

documentation

to the

operator.NoLesion

Containing

PusRestrictRestrictWhen the

infected

wound or

boil is

properly

covered.No* An exclusion or restriction may be removed for any symptom if the excluded or restricted employee provides medical documentation to the operator that the condition is from a non-infectious condition and that the risk of transmitting a pathogenic microorganism is minimal.

(3) in addition to the requirements of (a) of this section, the operator contacts the department, verbally or electronically, within 24 hours after being notified that an employee or applicant has been diagnosed by a health practitioner as having a disease as described in (1)(F) - (J) of this subsection or is jaundiced; each notification must provide the date, name of the diagnosed disease, and the name and contact information of the food establishment reporting the diagnosed disease.

(c) In this section, "restrict" or "restriction" means to limit the activities of an employee so that there is no risk of transmitting a disease that is transmissible through food and the employee does not work with exposed food, clean food-contact surfaces, linens, or unwrapped single-service of single-use articles.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020 AS 17.20.070; AS 17.20.200
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.310 Handwashing

(a) The operator of a food establishment shall ensure that employees thoroughly wash their hands and the exposed portions of their arms with soap and warm water

(1) in a handwash sink located and installed as specified at 18 AAC 31.416, and equipped as specified at 18 AAC 31.525; and

(2) using the following cleaning procedure:

(A) vigorous friction on the surfaces of the lathered fingers, finger tips, areas between the fingers, hands, and arms for at least 10 to 15 seconds; employees shall pay particular attention to the areas underneath the fingernails;

(B) thorough rinsing under clean, running water that is at least 100° F;

(D) thorough drying of cleaned hands and arms using

(i) individual, disposable towels;

(ii) a continuous disposable towel system that supplies the user with a clean, disposable towel; or

(iii) a heated-air hand drying device.

(b) The operator of a food establishment shall ensure that each employee washes their hands and exposed portions of their arms as described in (a) of this section immediately before engaging in food preparation or processing, including working with exposed food, clean food-contact surfaces, or unwrapped single-service or single-use articles, and

(1) after touching bare human body parts other than clean hands and clean, exposed portions of arms;

(2) after using the toilet;

(3) after caring for or handling service animals or aquatic animals allowed under 18 AAC 31.575;

(4) after using tobacco, eating, drinking, coughing, sneezing, or using a handkerchief or disposable tissue;

(5) after handling soiled equipment or utensils;

(6) during food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;

(7) before preparing ready-to-eat food and when switching between working with raw and ready-to-eat food;

(8) before donning gloves for working with food; and

(9) after engaging in other activities that may contaminate the hands or arms.

(1) the hand antiseptic or solution used as a hand dip is safe, complies with provisions specified at 18 AAC 31.570, except that a hand antiseptic or solution used as a hand dip that is not safe or in compliance with 18 AAC 31.570 may be used if the use is

(A) followed by

(i) thorough hand rinsing in clean water before hand contact with food; or

(ii) by the use of gloves; or

(B) limited to situations that do not involve direct contact with food by the bare hands;

(2) the antiseptic or solution is located only adjacent to a handwash sink;

(3) the antiseptic or solution is used in addition to handwashing but not as a substitute for handwashing; and

(4) a solution used as a hand dip is kept clean and maintained at a strength equivalent to at least 100 ppm hypochlorite solution.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.315 Employee practices

(a) The operator of a food establishment shall ensure that employees do not eat, drink, or use any form of tobacco in preparation, processing, service, or warewashing areas. However, an employee may

(1) taste food for culinary purposes, using a single-use utensil; or

(2) drink from a closed beverage container if the container is handled to prevent contamination of

(A) the employee's hands and arms;

(B) the container; and

(b) The operator of a food establishment shall ensure that each area designated for employees to eat, drink, or use tobacco is located so that exposed food, clean food-contact surfaces, linens, unwrapped single-service or single-use articles, and other items needing protection are protected from contamination.

(1) employees keep their fingernails trimmed, filed, and maintained so that the edges and surfaces are cleanable and not rough;

(2) unless wearing intact single-use gloves in good repair, employees do not wear fingernail polish or artificial fingernails when working with exposed food;

(3) while preparing food, employees do not wear jewelry on their exposed arms and hands, except that a smooth band ring may be worn;

(4) employees wear clean outer clothing to prevent contamination of food, food-contact surfaces, linens, or single-service or single-use articles; and

(5) employees who prepare or serve unwrapped, unpackaged food, or that present a risk of contaminating food or food-contact surfaces, wear hair restraints and clothing that cover body hair and that are designed and worn effectively to keep their hair from contacting food or food-contact surfaces.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.320 Supervision and management: responsibilities

(a) The operator of a food establishment shall ensure that either a person in charge or a certified food protection manager, as specified in 18 AAC 31.325, is employed and present at all times during hours of operation and is responsible for

(1) identifying hazards in the daily operation of the food establishment;

(2) developing and implementing policies and procedures to prevent foodborne illness;

(3) training employees about the requirements of this chapter;

(4) directing food preparation activities and corrective actions, as needed, to protect the health of the consumer; and

(5) monitoring daily operations on a periodic basis to ensure that food safety policies and procedures are followed.

(b) For purposes of this section, a person in charge is an individual who

(1) carries out the responsibilities specified in this section; and

(2) demonstrates knowledge of foodborne illness prevention and the requirements of this chapter in one of the following ways:

(A) complying with the provisions of this chapter by having no violations of risk factors or interventions during an inspection conducted under 18 AAC 31.900;

(B) responding correctly to the department's questions, as they relate to public health practices and principles applicable to the operation, during an inspection conducted under 18 AAA 31.900.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.325 Supervision and management: certified food protection manager

(a) Except as described in (b) or (c) of this section, the operator of a food establishment that serves or prepares unwrapped, unpackaged food shall employ at least one full-time certified food protection manager who is involved in the daily operations of the establishment to carry out the responsibilities described in 18 AAC 31.320.

(b) The operator of a satellite or catered feeding location that is in a separate location but under the direct management authority of the operator of a food establishment in (a) of this section may have a certified food protection manager who is employed by the same operator at a food establishment located elsewhere if the certified food protection manager has

(1) direct management authority over the satellite or catered feeding location, including responsibility for ensuring food safety through routine, onsite review; and

(2) responsibility for no more than five food establishments, including satellite or catered feeding locations.

(1) a limited food service;

(2) a food establishment where food preparation is solely limited to one or more of the following activities:

(A) grinding coffee beans;

(B) packaging foods that are not potentially hazardous;

(D) heating as the only preparation step for a bakery product;

(E) providing prepackaged, commercially processed food in its original package;

(F) cleaning or sanitizing utensils, if the only food served is prepared off site;

(G) providing meals no more than one day in a seven-day period and that is owned and operated by a business or a nonprofit organization whose primary activity is not food service;

(3) a convenience store; and

(4) a food processing establishment.

(d) The operator of a food establishment in (a) of this section shall maintain records showing compliance with this section, as described in 18 AAC 31.335.

(e) A new food establishment or a food establishment in (a) of this section that ceases to employ a certified food protection manager shall, within 45 days,

(1) hire a certified food protection manager; or

(2) designate an existing employee who is enrolled in a certified food protection manager training course and will obtain certification within 90 days after the date the food establishment began operation or ceased to employ its certified food protection manager; if the designated employee fails to obtain certification, the operator shall employ a certified food protection manager within 30 days after determining that the employee in training will not be certified.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.330 Food worker cards

(a) The operator of a food establishment shall ensure that each food worker employed in the establishment, within 30 days after the date of hire, holds a valid food worker card issued by the department under this section.

(b) The department will issue an applicant for a food worker card a card after the applicant

(1) satisfactorily completes an examination conducted by the department; and

(2) pays the fee required in 18 AAC 31.050.

(1) food receipt from an approved source, as specified in 18 AAC 31.200;

(2) food protection, including protection from hands, as specified in 18 AAC 31.220 - 18 AAC 31.228;

(3) potentially hazardous food temperature and time requirements, including maintenance, including during freezing, cold-holding, cooking, hot-holding, cooling, reheating, and serving, as specified in 18 AAC 31.230 - 18 AAC 31.234;

(4) transmission of foodborne disease, as specified in 18 AAC 31.300 and 18 AAC 31.315;

(5) handwashing procedures, as specified in 18 AAC 31.310; and

(6) effective warewashing, including chemical solutions and exposure times necessary for washing, rinsing, and sanitizing food-contact surfaces, as specified in 18 AAC 31.422 - 18 AAC 31.424.

(d) A food worker card issued by the department is valid for three years after the date of issue.

(e) An operator of a food establishment shall maintain records showing compliance with this section, as specified in 18 AAC 31.335.

(f) As necessary for compliance with 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act), the department will waive the examination requirement in (c) of this section if the food worker demonstrates an understanding of the food safety requirements in (c)(1) - (6) of this section that is sufficient to ensure that public health is protected for the activities that the food worker performs or is expected to perform. If a food worker makes a demonstration under this subsection for a limited number of activities, the department will list on the food worker card each approved activity that the food worker may perform.

(g) In this section, "food worker"

(1) means an individual working with unpackaged food, potentially hazardous food, or food-contact surfaces; and

(2) does not include the following individuals, or an individual whose activities are limited to one or more of the following:

(A) an individual responsible for greeting, seating, or transacting the exchange of money or credit with customers;

(B) a grocery checker or an individual responsible for bagging groceries;

(D) a patient or resident in an institution;

(E) an individual who assists patients or residents in an institution with meals;

(F) a volunteer;

(G) an individual responsible for stocking shelves or display areas;

(H) an individual responsible for receiving, stocking, shipping, delivering, or picking product in a warehouse;

(I) an individual under the age of 18 who is assisting in a school kitchen with school meal service.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.335 Records

(a) The operator of a food establishment subject to this chapter shall keep records as follows:

(1) for molluscan shellfish, the identity of the source of the molluscan shellfish that has been sold or served, as described in 18 AAC 31.200, must be recorded by retaining the molluscan shellfish tags or labels for 90 days after the dates of harvest;

(2) if raw, raw-marinated, partially cooked, or marinated-partially cooked seafood that is required to have been frozen, as specified in 18 AAC 31.250, is served or sold in ready-to-eat form, records must be kept as follows:

(A) if the operator freezes the seafood, the operator must record the freezing temperature and time to which the seafood is frozen and must retain the records for 90 days after the date of service or sale of the seafood;

(B) if a supplier freezes the seafood, the operator must retain a written agreement or statement from the supplier stipulating that the seafood supplied is frozen to the appropriate temperature and for the appropriate time specified in 18 AAC 31.250;

(3) a copy of the certificate for each certified food protection manager employed as required under 18 AAC 31.320, 18 AAC 31.325, or 18 AAC 31.902 must be kept for the duration of each certified food protection manager's employment and for one year after the certified food protection manager terminates employment;

(4) a copy of each food worker card issued under 18 AAC 31.330 to food workers employed by the establishment must be kept for the duration of each food worker's employment and for one year after the food worker terminates employment;

(5) self-assessments, if required under 18 AAC 31.902, must be kept for at least one year after the date the self-assessment was conducted.

(b) If, during the required record retention time, a food establishment is closed for a prolonged period, or if record storage capacity is limited, the records specified in (a) of this section may be transferred to some other reasonably accessible location. If requested by the department, the operator shall return the records to the establishment or another agreed-upon location for department review within 24 hours after receiving the request unless the department agrees to a longer period.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

Article 4 Equipment and Utensils

18 AAC 31.400 Materials

(a) The operator of a food establishment shall ensure that

(1) materials used in the construction of food-contact surfaces do not allow the migration of deleterious substances or impart colors, odors, or tastes to food and are

(A) safe, durable, corrosion resistant, and nonabsorbent;

(B) sufficient in weight and thickness to withstand repeated washing;

(D) resistant to pitting, chipping, scratching, scoring, distortion, and decomposition;

(2) solder is safe and made of corrosion resistant material; solder and flux containing lead in excess of 0.2 percent may not be used as a food-contact surface;

(3) only a safe lubricant is used on equipment or food-contact surfaces;

(4) plastic liners or containers used for food storage are made of safe materials;

(5) cast iron is used only

(A) as a cooking surface; or

(B) in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service;

(6) ceramic, china, crystal, and decorative utensils, including hand-painted ceramic and china that contact food, are lead-free or contain levels of lead that do not exceed the limits set in Table C of this subsection; the operator shall purchase utensils specified as lead-free, or use a commercial lead test kit to test the food-contact surfaces of utensils;

TABLE F

MAXIMUM LEAD CONTENT UTENSIL CATEGORY MAXIMUM LEAD

(milligrams per liter - mg/l) Coffee or other hot beverage mugs0.5Bowls larger than 1.1 liter (1.16 quart)1.0Bowls smaller than 1.1 liter2.0Plates, saucers, and other flat utensils3.0

(7) copper and copper alloys, such as brass,

(A) do not contact food with a pH below six, such as vinegar, fruit juice, or wine, except that copper or copper alloys may, in the pre-fermentation or fermentation stage of beer brewing, contact beer brewing ingredients that have a pH below six; and

(B) are not used for fittings or tubing between a backflow prevention device, such as a double check valve, and a carbonator;

(8) repealed 12/28/2006;

(9) food-contact surfaces that have a perfluorcarbon resin coating are used only with non-scoring or non-scratching utensils and cleaning aids;

(10) galvanized metal is not used for food-contact surfaces that are in contact with food having a pH below six, such as vinegar, fruit juice, or wine;

(11) materials used to make single-service or single-use articles

(A) do not allow the migration of deleterious substances, or impart colors, odors, or tastes to food; and

(B) are safe and clean;

(12) sponges are not used in contact with food-contact surfaces that are

(A) cleaned and sanitized; or

(B) in use;

(13) nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling, or that require frequent cleaning are constructed of a corrosion-resistant, nonabsorbent, and smooth material, except that unfinished wood may be used for nonfood-contact surfaces in a dry food storage room, walk-in freezer, or utility room; unfinished wood shelving may not be used in a reach-in refrigeration or freezer unit, except that unfinished wood may be used as shelving in a walk-in freezer;

(14) containers and covers are nonabsorbent, except that a container may be lined with a linen or napkin, as specified in 18 AAC 31.224; and

(15) seafood shells are not used more than once as serving or display containers.

(b) Unfinished wood or wicker may not be used to hold food, except that

(1) unfinished wood or wicker may be used if it is clean and lined with an impervious single-service liner;

(2) dry bread products or chips may be served in unfinished wood or wicker if the container is lined with a single-service liner or a clean, dry napkin or linen;

(3) hard maple or an equally nonabsorbent material may be used for cutting blocks, cutting boards, salad bowls, and baker's tables; and

(4) wood may be used for single-service articles, such as chopsticks, stirrers, or ice cream spoons.

(c) Repeated use of safe plastic, rubber, or rubberlike materials is allowed if the materials are resistant under normal use to pitting, chipping, scratching, scoring, distortion, and decomposition, and are of a weight and thickness that allows repeated washing, rinsing, and sanitizing by normal warewashing methods.

(d) Utensil or equipment handles made of wrapped, absorbent, or hard-to-clean materials are prohibited.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.408 Design and construction: cleanability

The operator of a food establishment shall ensure that

(1) food-contact surfaces that are multi-use are

(A) smooth and easily cleanable;

(B) free of breaks, open seams, and hard-to-clean internal corners and crevices;

(D) easily accessible or removable for cleaning and maintenance;

(2) nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling, or that require frequent cleaning are

(A) free of unnecessary ledges, projections, or crevices; and

(B) easily accessible for cleaning and maintenance; hood filters must be readily removable for cleaning and maintenance; and

(3) equipment intended for in-place cleaning is designed and constructed so that

(A) cleaning and sanitizing solutions circulate throughout the closed system and contact all interior food-contact surfaces; and

(B) the system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.409 Design and construction: functionality

(a) The operator of a food establishment shall ensure that

(1) equipment that is designed for use with a cover or lid has

(A) an opening located within the top of the unit that is flanged upward at least two-tenths of an inch; and

(B) a cover or lid that overlaps the opening and is sloped to drain;

(2) equipment is designed so that fixed piping, temperature measuring devices, rotary shafts, and other parts extending into equipment are provided with a watertight joint at the point where the item enters the equipment; however, if a watertight joint cannot be provided, the operator shall ensure that the equipment

(A) is designed so that the piping, temperature measuring devices, rotary shafts, and other parts extending through the openings are equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and

(B) has an opening located within the top of the unit that is flanged upward at least two-tenths of an inch; and

(3) within equipment, compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice are sloped to an outlet that allows complete draining.

(b) The operator of a food establishment shall ensure that tubing carrying beverage ingredients to dispensing heads does not contact ice that is to be consumed unless the tubing is grommeted at entry and exit points of the ice bin to prevent condensation from entering the ice bin.

(1) refrigeration equipment is capable of maintaining potentially hazardous food at 41° F or below; and

(2) shelving used in a refrigeration or freezer unit is slotted or perforated to enhance air circulation.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.410 Design and construction

Repealed.

History

Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; repealed 12/28/2006, Register 180

18 AAC 31.411 Design and construction: temperature measuring devices

(a) The operator of a food establishment shall ensure that temperature measuring devices used in the establishment

(1) are designed to be easily readable;

(2) if used for measuring food temperature, do not have sensors or stems constructed of glass, except if the glass sensor or stem is encased in a shatterproof coating;

(3) if used for measuring food temperature or water temperature on a warewashing machine, are equipped with a numerical scale, printed record, or digital readout in increments no greater than 2° F in the intended range of use; and

(4) if used for measuring ambient air or water temperature, are scaled only in Fahrenheit.

(b) The operator of a food establishment shall ensure that, in a mechanically-refrigerated or hot food storage unit, the sensor of a temperature measuring device is located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically-refrigerated unit and in the coolest part of a hot food storage unit.

(c) Except for equipment for which placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food, cold- or hot-holding equipment used for potentially hazardous food must be designed to include and must be equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.

(d) For manual warewashing that uses hot water for sanitizing, the operator of a food establishment shall ensure that the sanitizing compartment of the three-compartment warewashing sink is equipped with a temperature measuring device.

(e) The operator of a food establishment shall ensure that each warewashing machine is equipped with machine-mounted or waterline-mounted temperature measuring devices that

(1) continuously measure the water temperature in each wash and rinse tank; and

(2) are installed in each wash and rinse tank and

(A) at the point where the water enters the hot water sanitizing final rinse manifold if the machine uses hot water for sanitizing; or

(B) in the chemical sanitizing solution tank, if the machine uses chemicals for sanitizing.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.412 Design and construction: warewashing machines

(a) If a warewashing machine uses fresh hot water at line-pressure as a final sanitizing rinse, the operator of a food establishment shall ensure that the warewashing machine is equipped with a pressure gauge or similar device that measures and displays the water pressure in the supply line immediately before entering the warewashing machine. If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the pressure gauge or similar device must be mounted in a one-fourth inch iron pipe size valve.

(b) The operator of a food establishment shall ensure that each warewashing machine is equipped with self-draining drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation for necessary holding before cleaning and after sanitizing.

(c) If a warewashing machine is installed after December 28, 2006, the operator of a food establishment shall ensure that

(1) an easily accessible and readable data plate is affixed to the machine by the manufacturer; the data plate must indicate the machine's design and operating instructions, including the

(A) temperatures required for washing, rinsing, and sanitizing as specified in 18 AAC 31.422 - 18 AAC 31.424;

(B) pressure required for the fresh hot water sanitizing rinse, unless the machine is designed to use only a pumped or recirculated sanitizing rinse; and

(2) the machine is equipped with a visual means to verify that detergents and sanitizers are delivered, or with a visual or audible alarm to signal if the detergents and sanitizers are not delivered, to the respective washing and sanitizing cycles.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.413 Design and construction: molluscan shellfish tanks

The operator of a food establishment that has a molluscan shellfish life support system display tank shall ensure that

(1) the safety and quality of the molluscan shellfish as they were received is not compromised by use of the tank;

(2) each system is equipped with

(A) tanks that

(i) have smooth, cleanable surfaces;

(ii) are durable and accessible for washing, rinsing, and sanitizing, as described in 18 AAC 31.422 - 18 AAC 31.424;

(iii) have plumbing and spray nozzles that are cleanable and made from safe materials; and

(iv) hold at least 100 gallons of water per 75 pounds of molluscan shellfish;

(B) plumbing that

(i) will not be a source of contamination;

(ii) does not have pipes or hoses that can fill with stagnant water; and

(iii) has a device backflow to prevent backflow and back-siphonage to protect the potable water supply; and

(i) filtration to remove particulate matter and ammonia;

(ii) a disinfection system to remove coliform bacteria from the water; if an ultraviolet (UV) light system is used, the ultraviolet lights must be cleaned at least every six weeks and the bulbs must be replaced at least once every 365 days; and

(iii) a refrigeration unit to maintain water at 40 - 60° F;

(3) water used with seafood other than molluscan shellfish does not flow into the molluscan tank;

(4) different lots of molluscan shellfish in the tank are not commingled; in this paragraph, "commingled" means combining molluscan shellfish harvested on different days or from different growing areas as identified on the tag or label;

(5) vertical dividers or mesh bags for separating lots are used;

(6) molluscan shellfish are washed free of mud or other debris;

(7) dead, broken, or weak molluscan shellfish are discarded

(A) before placing molluscan shellfish in the tank; and

(B) at least every 24 hours;

(8) the tank and recirculation system are washed, rinsed, and sanitized, as specified at 18 AAC 31.422 - 18 AAC 31.424, at least once every seven days;

(9) if a tank and recirculation system is used for a species other than molluscan shellfish, the tank and recirculation system are washed, rinsed, and sanitized, as specified at 18 AAC 31.422 - 18 AAC 31.424, before use for a molluscan shellfish;

(10) defoamers, if used, are of food-grade quality and do not cause the molluscan shellfish to become adulterated; and

(11) the manufacturer's guidelines for maintaining the water's salinity in the tanks are followed.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.414 Maintenance, proper adjustment, and calibration

The operator of a food establishment shall ensure that

(1) food-contact surfaces are maintained in a state of repair and condition that meets the requirements of this chapter;

(2) each temperature measuring device is maintained in good repair and is calibrated in accordance with manufacturer's specifications, as necessary to ensure accuracy

(A) for a product thermometer, to 1 2° F;

(B) for a temperature measuring device on a warewashing machine, to 1 2° F; and

(3) the conveyor speed or automatic cycle times for each warewashing machine are maintained accurately timed in accordance with manufacturer's specifications;

(4) each warewashing machine and its auxiliary components is operated in accordance with the machine's data plate, if present, and other manufacturer's instructions; and

(5) water pressure measuring devices are maintained in good repair and are accurate.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.415 Equipment installation and location

(a) The operator of a food establishment shall ensure that

(1) equipment, including ice makers and ice storage equipment, is not located under exposed sewer lines, nonpotable waterlines, stairwells, or another potential source of contamination;

(2) equipment placed on tables or counters is installed for easy cleaning of the equipment and adjacent table or counter surfaces, walls, and equipment and, unless portable, is

(A) flush with and sealed to the table or counter; or

(B) mounted on legs at least four inches high;

(3) aisles and working spaces between equipment and walls are unobstructed and adequate for employees to perform their duties without contaminating food or food-contact surfaces;

(4) floor-mounted equipment, unless readily movable, is

(A) flush with and sealed to the floor;

(B) installed on a raised platform of concrete or other smooth masonry in a way that prevents liquids or debris from seeping or settling under, around, between, or behind the equipment or the raised platform in spaces that are not fully open for easy cleaning and inspection; or

(C) elevated on legs at least six inches high, except that vertically mounted floor mixers may be no less than four inches off the floor if no part of the floor under the mixer is more than six inches from cleaning access; and

(5) the space between floor-mounted equipment, adjoining equipment, and adjacent walls is closed; if exposed to seepage, floor-mounted equipment must be flush with and sealed to the adjoining equipment or adjacent walls; the requirements of this paragraph do not apply if at least six inches is provided for cleaning between and behind each unit of floor-mounted equipment.

(b) The operator of a bar or tavern who serves food as described in 18 AAC 31.020(f)(1)(F) shall ensure that the areas and equipment used to prepare and serve food and beverages and used for warewashing are adequate to support the types and volume of food and beverages and methods of preparation and service.

(c) A semi-automated espresso machine using liquid milk must be located on the same premises as, and operated in conjunction with, a permitted food establishment.

(d) In this section, "portable" means that the equipment

(1) is small and light enough to be moved easily by an average person; and

(2) has

(A) no utility connection;

(B) a utility connection that disconnects quickly; or

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/31/2000, Register 156; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.416 Equipment installation and location: sinks

(a) The operator of a food establishment shall ensure that self-draining sinks are provided as follows:

(1) for a food establishment that is extensively remodeled or began operation after May 1983, at least one utility sink, or curbed cleaning unit with a floor drain; the utility sink or curbed cleaning unit

(A) must be conveniently located for cleaning mops, filling mop buckets, disposing of mop water and similar liquid waste, and similar activities; and

(B) may not be located in a preparation, processing, or warewashing area, or in any other location that could cause the sink or unit to be a source of contamination to food, food-contact surfaces, linens, or single-service or single-service items;

(2) except for a specific food service operation listed in 18 AAC 31.525(b), or a market or food processing establishment as provided in (b) of this section, at least one handwash sink

(A) equipped as specified in 18 AAC 31.525;

(B) installed, as specified at 18 AAC 31.515, and located

(i) in the preparation area, except as provided in (ii) of this subparagraph;

(ii) in the warewashing area if the same employee who handles soiled utensils also handles cleaned utensils; the department will allow the installation of a single handwash sink if the operator demonstrates to the department's satisfaction that the single sink is convenient to the food preparation and the warewashing area and public health is protected; and

(iii) in or next to the exit of each toilet room described in 18 AAC 31.520; and

(3) except for a market or food processing establishment as provided in (b) of this section, at least one three-compartment warewashing sink unit; in addition,

(A) each warewashing sink compartment must be

(i) adequate for the complete immersion of most items; and

(ii) supplied with hot and cold potable running water under pressure;

(B) for manual warewashing that uses hot water for sanitizing, the sanitizing compartment of the three-compartment sink must be equipped with

(i) an integral heating device that will maintain the water at a temperature of 170° F or above; and

(ii) dish baskets that allow complete immersion of most items in the hot water; and

(C) self-draining drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation must be provided for necessary holding before cleaning and after sanitizing;

(4) for a bar or tavern, a fourth sink compartment for emptying drinks and handwashing in addition to compartments used for washing, rinsing, and sanitizing;

(5) a separate preparation sink

(A) if an establishment is extensively remodeled, has a significant change in its method of preparation or processing, or began operation after May 18, 1997; and

(B) if the menu or method of preparation or processing requires frequent soaking, rinsing, culling, or cleaning of raw ingredients or produce.

(b) The operator of a market or food processing establishment shall provide

(1) if the market or food processing establishment is constructed or extensively remodeled after May 18, 1997, at least one handwash sink equipped as specified at 18 AAC 31.525, and that can be tempered to a temperature between 100 - 120° F by a mixing valve or combination faucet; a handwash sink must be provided

(A) in the processing area; and

(B) in, or next to the exit of, each toilet room described in 18 AAC 31.520; and

(2) at least one three-compartment warewashing sink, equipped as specified at (a)(3) of this section, if

(A) equipment or utensils that must be disassembled for cleaning, as specified at 18 AAC 31.422, are used; and

(B) the market or food processing establishment is extensively remodeled or began operation after May 18, 1997.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.420 Cleaning and sanitizing: frequency

(a) The operator of a food establishment shall ensure that food-contact surfaces are clean to sight and touch, and are kept free of encrusted grease deposits and other soil accumulations.

(b) Except as provided in this section, the operator of a food establishment shall ensure that, at each of the following points in time, food-contact surfaces are precleaned, washed, rinsed, and sanitized as specified in 18 AAC 31.422 - 18 AAC 31.424, or replaced with clean and sanitized equipment and utensils:

(1) before each use with a different type of raw animal food, unless the food-contact surface is in contact with a succession of different raw animal foods, each requiring a higher cooking temperature, as specified in 18 AAC 31.232, than the previous food;

(2) each time a change occurs from working with raw foods to working with ready-to-eat foods;

(3) between uses with raw fruits and vegetables and with potentially hazardous food;

(4) at any time during the operation when contamination may have occurred.

(c) If the food-contact surface is a product thermometer that is maintained in contact with food held at the temperatures specified in 18 AAC 31.234, the operator of a food establishment shall ensure that the product thermometer is washed, rinsed, and sanitized

(1) before the internal food temperature is taken;

(2) after use and before storage; and

(3) between use with raw and with ready-to-eat foods, and different raw animal species.

(d) The operator of a food establishment shall ensure that food-contact surfaces used to prepare or serve potentially hazardous food on a continuous or production-line basis are washed, rinsed, and sanitized at least every four hours during use or replaced with clean and sanitized equipment and utensils, except that

(1) the establishment is not required to wash, rinse, or sanitize containers holding potentially hazardous food until those containers are empty, if those containers and their contents are in storage and maintained at temperatures specified in 18 AAC 31.234;

(2) serving containers that hold ready-to-eat potentially hazardous food that is maintained at the temperatures specified in 18 AAC 31.234, in a salad bar, delicatessen, cafeteria, or similar serving situation, are intermittently combined with additional supplies of the same food that is at the temperatures specified in 18 AAC 31.234, and the containers are washed, rinsed, and sanitized at least once every 24 hours; and

(3) in a room or area maintained at an ambient temperature of 55° F or below, the food-contact surfaces are washed, rinsed, and sanitized at the frequency required in Table G of this section.

TABLE G

CLEANING AND SANITIZING FREQUENCY

FOR FOOD-CONTACT SURFACES

USED IN A ROOM OR AREA

KEPT AT AN AMBIENT TEMPERATURE OF 55° F OR BELOW

TEMPERATURE FREQUENCY 41° F or below24 hours42° F - 45° F20 hours46° F - 50° F16 hours51° F - 55° F10 hours

(e) Except if dry cleaning methods are used as specified in 18 AAC 31.421, the operator of a food establishment shall ensure that food-contact surfaces contacting nonpotentially hazardous foods are washed, rinsed, and sanitized

(1) at any time after contamination may have occurred;

(2) at least once every 24 hours for iced tea dispensers and consumer self-service utensils, including tongs, scoops, and ladles;

(3) before restocking consumer self-service equipment and utensils, including condiment dispensers and display containers; and

(4) in equipment, including ice bins and beverage dispensing nozzles and enclosed components of equipment, at a frequency specified by the manufacturer or, absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

(f) The operator of a food establishment shall ensure that food-contact surfaces of grills and griddles are cleaned at least once every 24 hours.

(g) The operator of a food establishment shall ensure that the cavities and door seals of microwave ovens are cleaned at least once every 24 hours by using the manufacturer's recommended cleaning procedure.

(h) The operator of a food establishment shall ensure that each warewashing machine, drainboard, utensil rack, and table, and each compartment of each sink, basin, or other receptacle used for washing and rinsing food-contact surfaces or raw foods, or laundering wiping cloths, is washed, rinsed, and sanitized

(1) before use;

(2) throughout the day at a frequency necessary to prevent recontamination of food-contact surfaces and to ensure that the equipment performs its intended function;

(3) if used, at least once every 24 hours; and

(4) if a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink is washed, rinsed, and sanitized before and after each of these uses.

(i) The operator of a food establishment shall ensure that nonfood-contact surfaces of equipment are

(1) kept free of dust, dirt, food particles, grease, and other debris; and

(2) cleaned at a frequency necessary to preclude accumulation of residues.

(j) If a reservoir is used to supply water to a produce fogger or similar device, the operator of a food establishment shall ensure that the device is

(1) maintained in accordance with manufacturer's instructions; and

(2) cleaned at least once each week in accordance with manufacturer's instructions, or by

(A) draining and completely disassembling the water and aerosol contact parts;

(B) brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution;

(D) rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50 ppm hypochlorite solution or another equivalent sanitizer solution.

(k) The operator of a food establishment shall ensure that the wash, rinse, sanitize solutions are changed frequently to maintain cleanliness and temperatures specified in 18 AAC 31.422 - 18 AAC 31.424 or by the manufacturer.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.421 Dry cleaning and clean-in-place methods

(a) The operator of a food establishment shall ensure that, if dry cleaning methods, including brushing, scraping, and vacuuming are used,

(1) the dry cleaning method is only used on surfaces that are soiled with dry food residues that are not potentially hazardous; and

(2) cleaning equipment used in dry cleaning food-contact surfaces is not used for any other purpose.

(b) The operator shall ensure that fixed equipment or equipment too large to be cleaned in a sink compartment or warewashing machine is washed, rinsed, and sanitized by

(1) using alternative manual warewashing equipment such as a high-pressure detergent sprayer, a low- or line-pressure spray detergent foamer, a brush or other similar implement, a receptacle that substitutes for the compartments of a three-compartment warewashing sink, or other task-specific cleaning equipment;

(2) disassembling, as necessary to allow access of the detergent solution to all parts of the equipment to be washed, rinsed, and sanitized;

(3) precleaning, as specified in 18 AAC 31.422, the equipment components and utensils;

(4) washing, rinsing, and sanitizing as specified in 18 AAC 31.423 - 18 AAC 31.424;

(5) air-drying as specified in 18 AAC 31.425; and

(6) reassembling as specified in 18 AAC 31.425.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.422 Precleaning

The operator of a food establishment shall ensure that food-contact surfaces are precleaned by

(1) scraping food debris over a waste disposal unit or garbage receptacle or removing in a warewashing machine with a prewash cycle; and

(2) preflushing, presoaking, or scrubbing with abrasives, if necessary for effective cleaning.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.423 Washing and rinsing

(a) The operator of a food establishment shall ensure that food-contact surfaces are effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary, including the use, in accordance with the cleaning agent manufacturer's label instructions, of

(1) detergents containing wetting agents and emulsifiers;

(2) acid, alkaline, or abrasive cleaners;

(3) hot water;

(4) brushes or scouring pads;

(5) high-pressure sprays; or

(6) ultrasonic devices.

(b) The operator of a food establishment shall select washing procedures based on the type and purpose of the equipment or utensil, and the type of soil to be removed. In addition,

(1) for mechanical warewashing, soiled items to be cleaned must be placed in racks, trays, or baskets, or onto conveyors in a manner that exposes the items to the unobstructed spray from all cycles and allows the items to drain; and

(2) the temperature of the wash solution must be maintained

(A) for manual warewashing, at not less than 110° F, or the temperature specified on the cleaning agent manufacturer's label instructions;

(B) for mechanical warewashing, in a spray-type warewasher that uses chemicals to sanitize, at not less than 120° F;

(C) for mechanical warewashing, in a spray-type warewasher that uses hot water to sanitize, as specified in Table H of this section.

TABLE H

WASH AND RINSE TEMPERATURE REQUIREMENTS FOR MACHINES

USING HOT WATER FOR SANITIZING

Single-tank, stationary-rack,

dual-temperature machine:

Wash temperature

Final rinse temperature

150° F

180° F

Single-tank, stationary-rack,

single-temperature machine:

Wash temperature

Final rinse temperature

165° F

Single-tank conveyor, dual

temperature machine:

Wash temperature

Final rinse temperature

160° F

180° F

Multi-tank, conveyor, multi-

temperature machine:

Wash temperature

Pumped rinse temperature

Final rinse temperature

150° F

160° F

180° F

Single-tank, pot, pan, and utensil

washer:

Wash temperature

Final rinse temperature

140° F

180° F

(c) The operator of a food establishment shall ensure that washed food-contact surfaces are rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water by using one of the following procedures:

(1) use of a distinct, separate water rinse after washing and before sanitizing if using

(A) a three-compartment warewashing sink;

(B) alternative manual warewashing equipment described in 18 AAC 31.421; or

(C) a three-step washing, rinsing, and sanitizing procedure in a warewashing system for equipment that is cleaned in place;

(2) use of a detergent-sanitizer if a distinct water rinse does not occur between the washing and sanitizing steps and the agent applied in the sanitizing step is the same detergent-sanitizer that is used in the washing step, if using

(A) alternative warewashing equipment described in 18 AAC 31.421 that is approved for use with a detergent-sanitizer; or

(B) a warewashing system for equipment that is cleaned in place;

(3) if using a warewashing machine that does not recycle the sanitizing solution as described in (4) of this subsection, or alternative warewashing equipment described in 18 AAC 31.421, such as a sprayer, use of a nondistinct water rinse that is

(A) integrated in the application of the sanitizing solution; and

(B) wasted immediately after each application;

(4) if using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.424 Sanitizing

(a) The operator of a food establishment shall ensure that food-contact surfaces are sanitized before use after washing and rinsing as follows:

(1) for manual warewashing that uses hot water to sanitize, immersion for at least 30 seconds in clean water at a temperature of 170° F or above;

(2) for mechanical warewashing that uses hot water to sanitize,

(A) by being cycled through equipment that is designed, constructed, installed, and maintained as specified in 18 AAC 31.412;

(B) by achieving a utensil surface temperature of 160° F or above at the end of the sanitizing cycle as measured by an irreversible registering temperature indicator; and

(i) not more than 194° F, except high pressure and temperature systems with wand-type, hand-held, spraying devices used for the in-place cleaning and sanitizing of equipment; and

(ii) not less than the temperature specified in Table H in 18 AAC 31.423;

(3) for manual or mechanical warewashing that uses chemicals to sanitize, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods using one of the sanitizing solutions specified in Table I of this section, or another approved exposure time used in relationship with a combination of temperature, concentration, and pH that yields sanitization.

TABLE I

MANUAL AND MECHANICAL WAREWASHING

CHEMICAL SANITIZER, EXPOSURE TIME, TEMPERATURE, pH,

CONCENTRATION, HARDNESS

Chemical Minimum

Concentration

(in ppm)

Minimum

Temperature

(in °F) Exposure

Time (in

seconds) pH

Maximum

Hardness

(in mg/l)

Chlorine

120

10 or less

n/a

Chlorine

100

10 or less

n/a

Chlorine

8 or less

n/a

Chlorine

100

n/a

Iodine

12.5 - 25

5.0, or

less,

or no

higher

than level

specified

by manu-

facturer

n/a

Quaternay

Ammo-

nium

Compound

As specified

in 40 CFR

180.940, ad-

opted by ref-

erence in 18

AAC 31.011

n/a

500, or no

greater

than speci-

fied by

manufac-

turer

"n/a" means not applicable; "mg/l" means milligrams per liter

(b) If chemicals are used to sanitize, a test kit, test strips, or another device, such as a temperature measuring device, must be provided and used often to ensure compliance with the concentration and temperature specified in Table I of this section.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.425 Protection of clean items

The operator of a food establishment shall ensure that clean items are dried, reassembled, stored, displayed, and handled in a manner that prevents contamination of the clean items by ensuring that

(1) after washing, rinsing, and sanitizing, as specified in 18 AAC 31.422 - 18 AAC 31.424, equipment and utensils are

(A) before use, adequately drained, as specified in 40 C.F.R. 180.940, adopted by reference in 18 AAC 31.011; or

(B) air-dried before contact with food, except that utensils that have been air-dried may be polished with a cloth that is kept clean and dry;

(2) if wiping cloths are air-dried after laundering, the cloths are air-dried in a location and in a manner that prevents contamination of food, food-contact surfaces, linens, or single-service or single-use articles or the cloths;

(3) equipment is reassembled so that food-contact surfaces are not contaminated;

(4) equipment lubricants are applied so that food-contact surfaces are not contaminated;

(5) clean equipment and utensils, laundered linens, and single-service and single-use articles are stored in a clean, dry location

(A) at least six inches above the floor on storage shelving, except that items kept in closed packages may be stored on dollies, skids, or open-ended pallets if that equipment is easily movable by hand or with the use of pallet-moving equipment that is available on the premises at all times;

(B) where the items are not exposed to splash, dust, or other contamination, except that laundered linens and single-service or single-use articles that are packaged or in a cabinet may be stored in a locker room; a location that may cause contamination includes a locker room, toilet room, dressing room, garbage room, or mechanical room, or under an exposed sewer line, an open stairwell, a leaking refrigeration condenser, or a leaking or dripping waterline, including a leaking automatic fire sprinkler head or under a line on which water has condensed;

(D) for single-service and single-use articles, in the original protective package or stored by using other means that afford protection from contamination until used;

(6) single-service and single-use articles and cleaned and sanitized utensils are handled, displayed, and dispensed so that contamination of food- or lip-contact surfaces is prevented, including ensuring that

(A) knives, forks, or spoons that are not pre-wrapped, either multi-use or single-service, are presented so that only the handles are touched by employees or by consumers if consumer self-service is provided; and

(B) except as specified in (A) of this paragraph, single-service articles that are intended for food- or lip-contact are furnished for consumer self-service with the original individual wrapper intact or from a dispenser;

(7) soiled tableware is removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated; and

(8) if tableware is pre-set,

(A) each exposed, unused setting is

(i) removed when a consumer is seated; or

(ii) washed, rinsed, and sanitized, as specified in 18 AAC 31.422 - 18 AAC 31.424, before further use if the settings are not removed when a consumer is seated; or

(B) tableware is protected from contamination by wrapping, covering, or inverting the tableware.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

Article 5 Sanitation and Physical Facilities

18 AAC 31.500 Water supply

(a) Except for a food establishment described in (e) of this section, the operator of a food establishment shall

(1) provide an adequate supply of potable water from an approved public water system source; if the establishment's source of potable water is not from a source regulated under 18 AAC 80, the operator shall inform the consumer by statements contained in placards conspicuously posted at the primary sales, service, or registration area or another approved notification that is most effective to communicate with the consumer that the water supply is not from a department-regulated source;

(2) ensure that potable water that is not piped to the food establishment is transported, delivered, and stored as required by 18 AAC 80; and

(3) ensure that steam used in contact with food or food-contact surfaces is free from harmful substances and is from a potable water source.

(b) The operator of a mobile food unit or kiosk shall ensure that potable water tanks, plumbing, and hoses that come in contact with potable water on the unit or kiosk

(1) consist of materials approved for that use by the National Sanitation Foundation, FDA, or an organization recognized as equivalent by the department;

(2) are used for no purpose except to hold, carry, or dispense potable water; and

(3) are protected from contamination during storage.

(1) the potable water inlet of the mobile food unit or kiosk is

(A) capped and cannot be contaminated by waste discharge, road dust, oil, or grease; and

(B) three-fourths inch in inner diameter or less; and

(2) potable water tanks supply a sufficient amount of water between refilling and hold at least one day's supply.

(d) The operator of a mobile food unit or kiosk, except a pushcart, shall

(1) take the following actions at least annually and before seasonal startup:

(A) superchlorinate each potable water tank for at least two hours with 50 ppm chlorine solution;

(B) drain, thoroughly rinse, and refill the tank; and

(i) before initial startup and before seasonal startup; and

(ii) every three months during operation; and

(2) take the following actions if notified that a water sample exceeds the maximum contaminant level for coliform bacteria as set out in 18 AAC 80.300(b)(5):

(A) immediately superchlorinate the tank as described in (1)(A) and (B) of this subsection; and

(B) submit another water sample to a certified laboratory for coliform analysis within 24 hours after superchlorination.

(e) The operator of a food establishment placed under a boil water notice under 18 AAC 80 shall take the applicable actions listed in Table J of this subsection as directed by the department.

TABLE J

REQUIREMENTS FOR OPERATING UNDER A BOIL WATER NOTICE

Total Coliform

Exceedance

Fecal Coliform

Exceedance

Water supply Use boiled water or an

alternate potable water

supply

Use boiled water or an

alternate potable water

supply Food, drink, ice Use food, drink, and ice

prepared prior to notice Destroy food, drink, and

ice prepared prior to

notice. Limit menu and

type of food preparation

depending on volume

available from alternate

potable water supply

Water use equipment Disconnect equipment.

Clean and sanitize

before reuse

Disconnect equipment.

Clean and sanitize

before reuse Wiping cloths Rinse in 100 ppm

chlorine solution

Rinse in 100 ppm

chlorine solution Tableware Continue to use

Use single-service Other utensil washing Use automatic

warewasher or add

sanitizer to all sinks

Use automatic

warewasher or add

sanitizer to all sinks Handwashing stations Use existing handwash

sinks Set up temporary

handwash sinks using

alternate water source

(f) The requirements of this section do not apply to a

(1) temporary food service subject to 18 AAC 31.600;

(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c);

(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g);

(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(1); or

(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c).

(g) An exemption in (f) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.510 Wastewater

(a) Except for a food establishment described in (c) of this section, the operator of a food establishment shall ensure that wastewater from the establishment is discharged into a public sewer or a wastewater disposal system built and operated as required by 18 AAC 72.

(b) In addition to the requirements of (a) of this section, the operator of a mobile food unit shall ensure that

(1) wastewater is stored in a permanently installed tank with a volume at least 15 percent larger than that of the water supply tank;

(2) wastewater is not discharged from the retention tank when the mobile food unit is in motion; and

(3) the wastewater discharge connection is lower than the potable water inlet connection.

(1) temporary food service subject to 18 AAC 31.600;

(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c);

(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g);

(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(1); or

(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c).

History

Authority: AS 17.20.005; AS 17.20.180 AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152

18 AAC 31.515 Plumbing

(a) Except for a food establishment described in (e) of this section, the operator of a food establishment shall ensure that plumbing is sized, installed, and maintained as required by applicable state and local plumbing codes and is consistent with good public health practices.

(b) Cross-connections between potable and nonpotable water supplies, chemical feed lines, or similar devices are prohibited.

(1) any nonpotable water system is used only for fire protection, air conditioning, heating, or flushing toilets;

(2) each outlet on a nonpotable water line is posted: "DANGER-UNSAFE WATER";

(3) hot and cold running water under pressure is provided to all plumbing fixtures with faucets, including handwash, warewashing, preparation, processing, and janitorial sinks;

(4) a potable water system is equipped with devices to prevent backflow and back-siphonage at fixtures and equipment unless a permanent air gap at least twice the diameter of the water supply inlet separates the water supply inlet and the equipment or fixture's flood level rim;

(5) a hose is not attached to a faucet unless a backflow prevention device is installed on the faucet or a permanent air gap at least twice the diameter of the water supply inlet is maintained;

(6) grease traps, if used, are accessible for cleaning and kept clean;

(7) a warewashing machine, warewashing sink, or other similar fixture that uses gravity only to discharge waste is connected directly to the drainage system; in addition, a floor sink that is installed flush with or below the finished floor or a floor drain must be provided adjacent to the fixture; the fixture and floor drain must be trapped and vented as required by AS 18.60.705 (State Plumbing Code) and municipal plumbing codes and must be consistent with good public health practices;

(8) drain lines from equipment do not discharge wastewater directly on a floor; and

(9) a minimum of a double check valve or an approved reduced-pressure backflow assembly is installed between copper pipe or copper tubing and a carbonated beverage dispensing machine.

(d) The operator of a food establishment shall ensure that fixtures or equipment in which food or drink is stored, prepared, or served, such as refrigerators, steam kettles, potato peelers, ice storage bins, and preparation sinks, are not directly connected to a drainage system. The operator shall ensure that this equipment is drained by means of indirect waste pipes and that the drained wastes discharge through an air break into an open floor sink or another approved receptor that is properly connected to the drainage system. The requirements of this subsection do not apply to

(1) a warewashing sink in a preparation area unless the sink is used to soak, wash, or prepare ready-to-eat food; or

(2) a walk-in refrigerator or combination walk-in, reach-in refrigerator used for storage and sales of products in bottles, cartons, or containers.

(e) The requirements of this section do not apply to a

(1) temporary food service subject to 18 AAC 31.600;

(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c);

(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g);

(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(1); or

(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c).

History

Authority: AS 17.20.005; AS 17.20.180; AS 44.46.020 AS 17.20.072; AS 17.20.290
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.520 Toilet facilities

(a) Except for a food establishment described in (f) of this section, the operator of a food establishment that provides seating for its patrons must provide at least one toilet facility and one lavatory for use by the establishment's consumers. In addition, the operator shall ensure that toilet facilities and lavatories are installed and maintained as required in 18 AAC 30.610, 18 AAC 30.630, 18 AAC 30.640 and 18 AAC 30.650, and that the number of toilet fixtures, urinals, and lavatories in the establishment conforms to the State Plumbing Code, at AS 18.60.705.

(b) If a food establishment does not seat consumers on the premises, the operator of the establishment shall provide toilet facilities and lavatories for employees on the premises or as provided in (d) of this section.

(c) Employees and consumers may use the same toilet facilities if consumers can do so without entering a food preparation, food storage, warewashing, or utensil storage area.

(d) Consumers and employees may use the same public toilets in a multiple activity area, such as a shopping mall or sports center, if those facilities

(1) meet the requirements of (a) of this section;

(2) are available when the food establishment is operating;

(3) are located within 200 feet of the food establishment; and

(4) are in the same building on the same floor.

(e) The operator of a food establishment shall ensure that

(1) toilet fixtures are kept clean and in good repair;

(2) toilet rooms are completely enclosed and have tight-fitting, self-closing doors that remain closed except during cleaning or maintenance;

(3) toilet tissue in a wall-hung or protected container is provided at each toilet; and

(4) easily cleanable waste containers are provided and emptied at least once each day.

(f) The requirements of this section do not apply to a

(1) temporary food service subject to 18 AAC 31.600;

(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c);

(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g);

(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(1); or

(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c).

(g) An exemption in (f) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.180; AS 18.35.120 AS 17.20.072; AS 18.35.100; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152

18 AAC 31.525 Handwash facilities

(a) Except for a food establishment described in (b) of this section, the operator of a food establishment shall ensure that

(1) handwash sinks are provided as required by 18 AAC 31.416 and are

(A) used exclusively for handwashing;

(B) supplied with soap and sanitary towels in a dispenser or a hand-drying device that provides heated air; common towels are prohibited;

(D) kept clean and in good repair;

(2) a sign or poster that is clearly visible to employees is posted at each handwash sink used by employees directing employees to wash their hands; and

(3) employees and consumers do not wash their hands at sinks used for preparation or warewashing.

(b) The requirements of this section do not apply to a

(1) temporary food service subject to 18 AAC 31.600;

(2) limited food service that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.610(c);

(3) mobile food unit that dispenses only prepackaged food and that meets the requirements of 18 AAC 31.620(g);

(4) mobile retail food vendor that sells only prepackaged food and that meets the requirements of 18 AAC 31.625(a)(1); or

(5) kiosk that sells only prepackaged food and that meets the requirements of 18 AAC 31.615(c).

(c) An exemption in (b) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.180; AS 18.35.120 AS 17.20.072; AS 18.35.100; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.530 Garbage and refuse

(a) Except for a mobile food unit, the operator of a food establishment shall provide sufficient containers and large enough areas inside and outside the facility to hold garbage and refuse. The operator of a mobile food unit shall provide sufficient containers inside or next to the mobile unit while the unit is operating.

(b) Garbage and other refuse must be disposed of often enough to prevent odor or the attraction of insects, rodents, or other pests.

(1) except as described in (d) of this section, the operator shall ensure that garbage that is stored inside the food establishment is stored in durable, easily cleanable, insect-proof, and rodent-proof containers that do not leak or absorb liquid and that are kept clean; plastic bags and wet-strength paper bags may be used to line these containers or for short-term storage inside the establishment, not to exceed one day;

(2) containers used to store garbage outside the food establishment, including dumpsters, compactors, and compactor systems, must be easily cleanable, have tight-fitting lids, doors, or covers, and must be kept covered and reasonably clean; drain plugs must be in place except during cleaning; and

(3) rooms used to store garbage must be

(A) made of easily cleanable, nonabsorbent, washable, insect-proof, and rodent-proof materials;

(B) large enough to store all garbage and refuse containers;

(D) used for no other purpose.

(d) Cardboard boxes or other packaging material that does not contain food waste may be stored in a protected enclosure before removal.

(e) The operator of a food establishment shall ensure that

(1) burning of garbage and refuse on the premises is in compliance with the air quality requirements of 18 AAC 50; and

(2) disposal of garbage and refuse is in compliance with 18 AAC 60.

History

Authority: AS 17.20.005; AS 17.20.180 AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152

18 AAC 31.535 Insect and rodent control

(a) The operator of a food establishment shall ensure that the presence on the premises of insects, rodents, and other pests is minimized by

(1) routinely inspecting incoming shipments of food and supplies;

(2) routinely inspecting the premises for evidence of pests;

(3) using, if pests are found, trapping devices or other means of pest control allowed under this chapter and in accordance with 18 AAC 90; and

(4) eliminating conditions that contribute to the harboring of pests.

(b) The department may require the operator to hire a commercial pest control applicator certified under 18 AAC 90 to handle an insect, rodent, or other pest problem if the operator does not demonstrate to the department's satisfaction that the operator has adequately controlled the problem with pesticides and traps, or if an imminent health hazard exists. If the department requires a certified commercial pest control applicator under this section, the operator shall provide documentation to the department detailing the actions taken by the applicator.

(c) The operator of a food establishment shall ensure that insect light traps and flypaper, if used in the establishment, are

(1) located so that dead insects cannot fall on food, food-contact surfaces, or food storage areas; and

(2) changed often enough to prevent a heavy accumulation of insects in the traps or on the flypaper.

(d) The operator of a food establishment shall ensure that

(1) pesticides and pesticide use comply with 18 AAC 90 and 18 AAC 31.570; and

(2) dead or trapped birds, insects, rodents, and other pests are removed from control devices and the premises at a frequency that prevents their decomposition, or the attraction of other pests.

(e) The operator of a food establishment shall ensure that openings to the outside and perimeter walls and roofs are effectively protected against the entrance of rodents, insects, and other pests by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screening material must be tight-fitting, free from breaks, and not less than 16 mesh to the inch.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.010; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.540 Floors

Except for a temporary food service subject to 18 AAC 31.600, the operator of a food establishment shall ensure that

(1) floors and floor coverings of preparation, processing, display, storage, and warewashing areas, walk-in refrigeration units, dressing rooms, locker rooms, and toilet rooms are

(A) made of smooth, durable, nonabsorbent material; and

(B) kept clean and in good repair;

(2) floors in warehouses and storage rooms used to store case lots, large containers of food, packaging materials, and excess equipment or utensils are made of a material that is cleanable; the floors may be of unsealed wood if cleaning methods do not require the use of water or other liquid and if other activities are not likely to cause discharges of water or other liquid onto the floor;

(3) floors that are water flushed for cleaning, that receive discharges of water or other liquid waste from equipment, or that are in an area where equipment is cleaned using a pressure spray method, slope uniformly at a minimum of one-quarter inch per foot to a properly trapped drain;

(4) carpeting is not used in preparation, processing, produce display, warewashing, and food storage areas, or in toilet rooms; carpeting, if used in other areas, must be durable and tightly woven, with appropriate cleaning equipment provided and regularly used;

(5) sawdust, wood shavings, peanut shells, or similar material are not used on floors in preparation, processing, display, storage, or warewashing areas, or toilet rooms;

(6) mats, duckboards, and non-slip floor coverings are made of nonabsorbent and grease-resistant materials and are designed to be removable and easily cleanable;

(7) the floor and wall junction in preparation, processing, display, storage, and warewashing areas, walk-in refrigerators, locker rooms, and toilet rooms is sealed and is coved or has concave molding installed; and

(8) exposed utility service lines and pipes do not obstruct floor cleaning.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.545 Walls and ceilings

The operator of a food establishment shall ensure that

(1) walls, ceilings, partitions, wall coverings, doors, and windows, including light fixtures, vent covers, decorative material, and wall-mounted fans or other equipment attached to walls and ceilings, are kept clean and in good repair and do not contaminate food or food containers;

(2) walls and ceilings in walk-in refrigerators, freezers, preparation, processing, and warewashing areas, toilet rooms, and janitorial rooms are light-colored, smooth, easily cleanable, and nonabsorbent;

(3) walls and ceilings in other areas are cleanable, in good repair, and do not contaminate food, containers, equipment, or utensils;

(4) studs, joists, and rafters are not exposed in preparation or processing areas; if studs, joists, or rafters are exposed in other areas, they must be clean and in good repair;

(5) exposed utility service lines and pipes do not obstruct the cleaning of walls and ceilings; and

(6) each servicing area is provided with overhead protection, except for areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses; in this paragraph, "servicing area" means an operating base location to which a mobile food unit or transportation vehicle returns regularly for vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, or boarding food.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.550 Cleaning

The operator of a food establishment shall ensure that

(1) cleaning required by 18 AAC 31.540 - 18 AAC 31.545 is conducted when the least amount of food is exposed, except for emergency cleaning of floors;

(2) cleaning is performed by a dustless method; and

(3) wastewater from cleaning required by 18 AAC 31.540 - 18 AAC 31.545 is not disposed of in a preparation sink, a handwash sink, or a sink used to wash food-contact surfaces.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.555 Lighting

The operator of a food establishment shall ensure that

(1) permanently installed artificial light sources provide

(A) at least 50 foot candles of light, evenly distributed, measured 30 inches from the floor, on preparation, processing, and warewashing surfaces and equipment; and

(B) at least 20 foot candles of light, evenly distributed, measured 30 inches from the floor, in other areas; dining areas must meet this standard only during cleaning activities; and

(2) protective shielding is provided for breakable artificial lighting fixtures located

(A) over equipment used to hold or display food;

(B) in walk-in refrigerators or freezers;

(D) over equipment and areas where utensils and equipment are cleaned or stored.

History

Authority: AS 17.20.005; AS 17.20.180 AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152

18 AAC 31.560 Ventilation

The operator of a food establishment shall ensure

(1) that equipment that produces excessive heat, steam, condensation, vapors, noxious odor, smoke, or fumes is adequately vented to outside air through a hood and filter system that prevents grease, condensation, or other filth from collecting on walls and ceilings or from draining or dripping onto food, food-contact surfaces, linens, or single-service or single-use articles;

(2) if an automated deep frying system with a ventless, hoodless design is used, that the system is approved by the Underwriters Laboratories (UL) and the National Sanitation Foundation (NSF);

(3) that commercial cooking equipment that produces grease-laden vapors is vented through a hood and grease collection system designed and installed in accordance with the International Mechanical Code, 2006 Edition, Chapter 5, Sections 506 - 509, adopted by reference in 18 AAC 31.011;

(4) that fire prevention or extinguishing equipment installed in a hood does not obstruct cleaning or cause grease to collect; and

(5) that a system vented to the outside does not create a discharge that violates 18 AAC 50.

History

Authority: AS 17.20.005; AS 17.20.180 AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.565 Dressing rooms and locker areas

(a) The operator of a food establishment shall ensure that dressing rooms, lockers, or other suitable facilities are

(1) provided for the orderly storage of employee clothing, outer garments, and other belongings; and

(2) not located in a preparation, processing, food storage, or warewashing area.

(b) Employees may hang outer garments on a coat rack in a storage room containing food, utensils, or other food supplies if the food, utensils, and supplies are completely packaged.

History

Authority: AS 17.20.005; AS 17.20.180 AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152

18 AAC 31.570 Poisonous or toxic materials

(a) Poisonous or toxic materials are prohibited on the premises of a food establishment except as specified in (b) of this section and

(1) those materials necessary to operate and maintain the establishment, including those needed to clean and sanitize food-contact surfaces, as specified in 18 AAC 31.422 - 18 AAC 31.424, or to control insects and rodents, as specified in 18 AAC 31.535; or

(2) personal care items that are stored in a facility, as specified in 18 AAC 31.565.

(b) To ensure that poisonous or toxic materials are stored so they cannot contaminate food, clean food-contact surfaces, laundered linens, or single-service or single-use articles, the operator of a food establishment shall ensure that

(1) poisonous or toxic materials are separated by spacing or partitioning;

(2) poisonous or toxic materials are located in an area that is not over food, clean food-contact surfaces, laundered linens, or single-service or single-use articles;

(3) medications in a food establishment necessary for the health of employees

(A) are stored in containers that bear a legible manufacturer's or prescription label;

(B) are located to prevent the contamination of food, clean food-contact surfaces, laundered linens, or single-service or single-use articles; and

(C) if stored in a refrigerator, are stored in containers that are kept in a covered, leak-proof container identified as a container for the storage of medication; and

(4) first aid supplies are labeled and stored in a container that is located to prevent contamination of food, clean food-contact surfaces, laundered linens, or single-service or single-use articles.

(1) each container of poisonous or toxic materials bears a legible manufacturer label, except that a small container filled or taken from a properly-labeled master container may be used if

(A) each smaller container is clearly and individually labeled with the common name of the material;

(B) the directions for use are reviewed with employees; and

(2) pesticides are

(A) segregated from other chemicals;

(B) used according to 18 AAC 90; and

(i) does not constitute a hazard to employees or other persons; and

(ii) prevents contamination, including toxic residues due to drip, drain, fog, splash, or spray on food, clean food-contact surfaces, laundered linens, or single-service or single-use articles;

(3) cleaning agents and sanitizing compounds do not leave a toxic residue on or contaminate food or food-contact surfaces; in addition to meeting the requirements of 18 AAC 90, chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces must meet the requirements specified in 40 C.F.R. 180.940, adopted by reference in 18 AAC 31.011;

(4) chemicals used to wash or peel raw, whole fruits and vegetables meet the requirements specified in 21 C.F.R. 173.315, adopted by reference in 18 AAC 31.011;

(5) chemicals used as boiler water additives meet the requirements specified in 21 C.F.R. 173.310, adopted by reference in 18 AAC 31.011;

(6) drying agents used in conjunction with sanitizing contain only components that are listed as one of the following:

(A) generally recognized as safe for use in food, as specified in 21 C.F.R. Part 182 or 21 C.F.R. Part 184, adopted by reference in 18 AAC 31.011;

(B) generally recognized as safe for the intended use, as specified in 21 C.F.R. Part 186, adopted by reference in 18 AAC 31.011;

(C) approved for use as a drying agent under a prior sanction, as specified in 21 C.F.R. Part 181, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the approval must be specifically for use with chemical sanitizing solutions;

(D) specifically regulated as an indirect food additive for use as a drying agent, as specified in 21 C.F.R. Parts 175 - 178, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the regulation as an indirect food additive must be specifically for use with chemical sanitizing solutions;

(E) approved for use as a drying agent under the threshold of regulation process established by 21 C.F.R. 170.39, adopted by reference in 18 AAC 31.011; if sanitizing is with chemicals, the approval must be specifically for use with chemical sanitizing solutions;

(7) lubricants used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces, meet the requirements specified in 21 C.F.R. 178.3570, adopted by reference in 18 AAC 31.011;

(8) automatic dispensing aerosol units, if used, are

(A) not located in areas where food is prepared or served;

(B) located at least 20 feet from

(i) a processing area;

(ii) a preparation area;

(iii) food;

(iv) food-contact surfaces;

(v) linen;

(vi) a single-service or single-use article storage area; or

(vii) a warewashing area; and

(C) installed and used only in areas beyond the influence of a ventilation system that may result in contamination of the items or areas in (A) and (B) of this paragraph;

(9) rodent bait is contained in a covered, tamper-resistant bait station;

(10) a tracking powder pesticide is not used in a food establishment; a nontoxic tracking powder such as talcum or flour may not contaminate food, food-contact surfaces, linens, or single-service or single-use articles; and

(11) a container used to store poisonous or toxic materials is not used to store, transport, or dispense food.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.575 Premises

The operator of a food establishment shall ensure that

(1) the grounds in the immediate vicinity of the establishment are well drained and free of conditions, such as uncut weeds or grass or materials, equipment, or refuse stored in a manner that might attract or harbor insects, rodents, or other pests;

(2) access to preparation, processing, and warewashing areas is restricted to employees or to persons who own, manage, service, repair, maintain, or regulate the establishment;

(3) the establishment is separated from any living or sleeping quarters by complete partitioning or solid, self-closing doors, and that no part of any operation is conducted in living or sleeping quarters;

(4) laundry activities are restricted to washing and drying linens, cloths, uniforms, and aprons and take place only in dressing or locker rooms, in storage rooms where food, equipment, and utensils are packaged or covered, or in a separate laundry room;

(5) clean clothing and linens are stored in a clean place and protected from contamination;

(6) soiled clothing, linens, and wiping cloths are stored in nonabsorbent containers or washable laundry bags;

(7) maintenance tools, including brooms, mops, vacuum cleaners, and similar items, are

(A) stored so the tools do not contaminate food, food-contact surfaces, linens, or single-service or single-use articles;

(B) stored in an orderly manner that facilitates cleaning the area used for storing the tools; and

(8) live animals are not in the establishment, except for edible fish, crustacea or molluscan shellfish, fish in aquariums, patrol dogs accompanying police officers, or service animals accompanying persons with disabilities; and

(9) service animals are controlled by the disabled person, kept off seats, and prevented from contaminating food, food-contact surfaces, or utensils.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

Article 6 Temporary Food Service, Limited Food Service, Kiosks, Mobile Food Units, and Vending Machines

18 AAC 31.600 Temporary food service

(a) In addition to the other applicable requirements of this chapter, the operator of a temporary food service shall comply with this section.

(b) Food must be prepared at the temporary food service unless the department approves prior preparation at a permitted food establishment or another facility under (c)(5) of this section.

(c) For a temporary food service, depending on the adequacy of facilities, equipment, and utensils for the types and volume of food and methods of preparation and service, and based on information provided by the operator on an application form provided by the department, the department will, as the department determines necessary to serve the interests of public health and consumer protection,

(1) limit the food items to be prepared and sold;

(2) limit preparation steps;

(3) prohibit the sale of potentially hazardous food;

(4) except for the fee required by 18 AAC 31.050, grant a variance from a requirement of this chapter under 18 AAC 31.930 if the variance will not threaten public health or consumer protection and the purpose of the requirement is otherwise satisfied;

(5) authorize prior preparation of food at a permitted food establishment or another approved facility if

(A) that establishment or facility has adequate equipment for the type and volume of food and methods of preparation;

(B) a letter of agreement signed by the operator of the establishment or facility

(i) is attached to the temporary food service application;

(ii) specifies the food, and the dates and times the food will be prepared; and

(iii) confirms that the establishment or facility has adequate equipment and utensils for the type and volume of food and methods of preparation; and

(C) food is maintained at temperatures required by 18 AAC 31.230 - 18 AAC 31.236 and protected from contamination during transportation to the temporary food service; and

(6) deny a temporary permit required under 18 AAC 31.020 if the applicant, within the two years before the application date, received

(A) two or more temporary food service inspections noting risk factor or intervention violations that the department determines, based on the nature or number of violations, threaten public health; or

(B) a temporary food service permit suspension or establishment closure.

(d) The operator of a temporary food service at an event that lasts four or more days shall,

(1) within three calendar years before the event, have attended a training course that provides information about food condition and source, food protection, temperature control, display and service, handwashing, employee practices, and food-contact surfaces cleaning and sanitizing; the course may be presented as a class with an instructor, a video training course, a home study training course, or a class provided by the department;

(2) be a certified food protection manager, as described in 18 AAC 31.325; or

(3) hold a food worker card issued by the department under 18 AAC 31.330.

(e) If the department issues an operator the temporary food service permit under 18 AAC 31.020 - 18 AAC 31.030 for an event that lasts four or more days, and that permit is the first that the operator has received for an event of that length, the operator's failure to obtain training timely as required under (d) of this section does not affect the validity of that permit. However, the operator of a temporary food service at an event that lasts four or more days who does not attend the training required under (d) of this section may not obtain an extension of that permit under 18 AAC 31.020(g), and may not obtain a subsequent temporary food service permit for an event of any length, until the operator obtains the training required under (d) of this section and presents a certificate of successful completion to the department.

(f) In addition to meeting the other requirements of this chapter, including the temperature and time requirements in 18 AAC 31.230 - 18 AAC 31.236, the operator of a temporary food service shall ensure that

(1) potentially hazardous food is not reused after being cooked or hot-held;

(2) mechanical refrigeration units are provided to keep potentially hazardous food at 41° F or below, except that

(A) ice cream may be stored on dry ice; and

(B) if approved by the department, at events of one to three days' duration, hamburger patties, precooked meat, raw seafood, and ready-to-eat packaged, potentially hazardous food, such as milk and sandwiches, may be stored in an insulated container using a coolant, such as blue ice or drained ice, to keep the temperature at 41° F or below;

(3) cured food products, such as hot dogs, sausage, or pepperoni, that will not support the rapid or progressive growth of infectious or toxigenic microorganisms or slower growth of Clostridium botulinum may be stored in properly insulated containers using a coolant, such as blue ice or drained ice, to keep the temperature at 41° F or below;

(4) packaged food is not stored in undrained ice or iced water except for pressurized containers of nonpotentially hazardous beverages if the water or ice

(A) contains at least 10 ppm of available chlorine; and

(B) is changed frequently to keep the water and container clean;

(5) only single-service articles are provided for use by consumers;

(6) a handwashing facility is provided for employees, including

(A) a container with a minimum capacity of two gallons, equipped with a faucet-type spigot, and filled with warm water; if a container is uninsulated, a means to heat water must also be provided;

(B) a container to catch wastewater from handwashing; and

(7) at least three basins, deep enough for immersion of utensils and equipment, and a means to heat water are provided to wash, rinse, and sanitize utensils and equipment that will be reused or used on a production-line basis; the requirements of this paragraph do not apply

(A) for an event of one-day duration if adequate extra utensils are provided; or

(B) if the operator washes, rinses, and sanitizes food-contact surfaces at another approved establishment;

(8) a water supply is provided that is

(A) potable;

(B) approved under 18 AAC 80, if the water supply is from a public water system for which approval is required under that chapter; and

(9) if water is from an approved public water system, coliform samples are in compliance with 18 AAC 80; and

(10) a container used to haul potable water is made of materials approved for that use by the National Sanitation Foundation (NSF), the FDA, or an organization recognized as equivalent by the department, is used for no other purpose, and is protected from contamination during storage.

(g) The operator of a temporary food service shall ensure that wastewater is disposed of into a wastewater disposal system approved under 18 AAC 72, and that holding tanks and direct connections to disposal systems are constructed, maintained, and operated as required in 18 AAC 72. The department will approve a manual hauling system if limited amounts of wastewater are generated and an approved wastewater disposal system is in the vicinity and used by the operator. The operator shall keep wastewater containers covered and label them "For Wastewater Only."

(h) For an event of

(1) one to three days' duration, a temporary food service may have a floor consisting of grass, gravel graded to drain, sawdust, or a similar material if dust and mud are controlled; and

(2) four to 21 consecutive days' duration, or for a temporary food service operating at the same location for no more than two days in any one week for a time period and for no more than 120 days total, a temporary food service must have a floor consisting of concrete, asphalt, tight-fitting wood, or another cleanable material.

(i) The operator of a temporary food service shall ensure that walls and ceilings are constructed to protect the interior of the temporary structure from the elements and to restrict access, are cleanable, and are kept clean.

(j) The operator of a temporary food service shall ensure that public toilets and handwashing facilities are provided at events open to the public for two hours or longer and ensure that

(1) the number of toilets furnished is adequate based on the peak crowd anticipated;

(2) if running water is not practically available,

(A) privies or portable toilets are provided instead of flush toilets; to determine the number of portable toilets that are required, the operator shall use the Sanitarian & Health Official Guide, Portable Restroom Requirements at Special Events & Crowd Gatherings, Determination of Portable Sanitation Requirements at Large Public Events, published by The Center for Business and Industrial Studies, University of Missouri-St. Louis, adopted by reference in 18 AAC 31.011; and

(B) lavatories are supplied for washing hands from an approved storage tank, or from an insulated container with a minimum capacity of two gallons each, equipped with a faucet-type spigot and filled with warm water;

(i) at each privy or portable toilet; or

(ii) in locations that are conveniently accessible to the public after using the privy or portable toilet and the number is adequate based on the peak crowd anticipated;

(3) privies, if used, are designed and constructed as required in 18 AAC 72 and are located so there is no danger in contaminating groundwater; and

(4) privies and portable toilets, if used,

(A) have cleanable interior surfaces, screened openings for ventilation, self-closing doors, and otherwise prohibit the entrance of insects and rodents; and

(B) are serviced as often as necessary to remove accumulated wastes, are kept clean, and are supplied with toilet paper.

History

Authority: AS 17.20.005; AS 17.20.180; AS 18.35.220 AS 17.20.020; AS 17.20.290; AS 44.46.020 AS 17.20.072; AS 18.35.200
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.610 Limited food service

(a) In addition to the other applicable requirements of this chapter, the operator of a limited food service shall comply with this section.

(b) At a limited food service, depending on the adequacy of facilities, equipment, and utensils for the types and volume of food and methods of preparation and service, and based on information provided by the operator on the application form by the department, the department will, as the department determines necessary to serve the interests of public health and consumer protection,

(1) limit the number and type of food items to be prepared and sold;

(2) require the exclusive use of single-service tableware; and

(3) allow the use of a commissary or other approved facility located in the same structure or within a reasonable distance to resupply food and single-service items;

(4) repealed 12/28/2006.

(c) The operator of a limited food service need not provide sanitary facilities required under 18 AAC 31.500 - 18 AAC 31.525 if

(1) only prepackaged food that meets the requirements of this chapter is served; and

(2) any nonpotentially hazardous beverage is prepared at a commissary and dispensed from equipment that protects the beverage from contamination.

(d) The exemption in (c) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.615 Kiosks

(a) In addition to the other applicable requirements of this chapter, the operator of a kiosk shall comply with this section.

(b) The operator of a kiosk shall ensure that

(1) the type of food operation at the kiosk is a limited food service or a convenience store;

(2) potable water is delivered as frequently as necessary to prevent the water tanks from being less than one-quarter full at any time;

(3) the wastewater tank is emptied at a frequency that will prevent the tank from being more than three-quarters full at any time;

(4) the kiosk provides take-out or drive-up food service only, and seating is not provided for the patrons;

(5) food is not cooled or reheated within the kiosk; this paragraph does not apply to an iced beverage; and

(6) toilet facilities for use by the employees are within 200 feet of the kiosk while the kiosk is in operation.

(1) only prepackaged foods that meet the requirements of this chapter are served;

(2) any potentially hazardous beverage is prepared at a commissary and dispensed from equipment that protects the beverage from contamination;

(3) an approved facility or commissary is located within 200 feet of the kiosk that provides hot and cold running water for cleaning of non-food contact surfaces; and

(4) toilet facilities and lavatories for employees are available within 200 feet of the kiosk.

(d) The exemption in (c) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.620 Mobile food units

(a) In addition to the other applicable requirements of this chapter, except as otherwise provided in this section, the operator of a mobile food unit must comply with this section.

(b) At a mobile food unit, depending on the adequacy of facilities, equipment, and utensils for the types and volume of food and methods of preparation and service, and based on information provided by the operator on the application form by the department, the department will, as the department determines necessary to serve the interests of public health and consumer protection,

(1) limit the number and type of food items to be prepared and sold;

(2) limit preparation steps; and

(3) approve the use of a commissary to support the mobile food unit if

(A) the necessary support services can be provided to the mobile food unit without compromising the commissary's operation; and

(B) the mobile food unit operates within a reasonable distance of the commissary so that it can return daily for servicing as required by (c) of this section.

(1) ensure that the unit is taken at least once each day to the commissary for support services such as cleaning the unit or food-contact surfaces, servicing potable water and wastewater tanks, and restocking food and supplies;

(2) provide to the department a letter of agreement between the operator and the commissary that outlines

(A) the days and hours the commissary will be used; and

(B) the extent of support services to be provided at the commissary;

(3) describe the method used to return the mobile food unit to the commissary each day for support services; and

(4) advise the department within 72 hours if use of the commissary is discontinued.

(d) The operator of a self-contained mobile food unit is not required to work out of an approved commissary as described in (c) of this section if the unit has

(1) installed on the unit water and wastewater holding tanks, handwashing, and warewashing facilities, and utility sink; and

(2) adequate storage facilities on the unit for all food, equipment, utensils, including single-service items, and supplies used in the operation.

(e) The operator of a mobile food unit shall

(1) provide only single-service articles to consumers; and

(2) ensure that toilet facilities for employees are available within 200 feet of the unit while it is operating.

(f) In addition to the requirements of (a), (b), (c), and (e) of this section, the operator of a pushcart shall ensure that

(1) sufficient food, utensils, paper products, cleaning supplies, potable water supply, and wastewater holding capacity necessary for operating daily are contained on or within the cart, except that the operator of the pushcart may provide

(A) one additional ice chest; and

(B) one additional barbecue grill;

(2) water tanks installed for handwashing only are at least a five-gallon capacity;

(3) pre-preparation of food, including washing, slicing, peeling, cutting, and assembly, occurs at the commissary; and

(4) cooling or reheating of leftovers does not occur.

(g) The operator of a mobile food unit need not provide sanitary facilities as required under 18 AAC 31.500 - 18 AAC 31.525 if

(1) the unit serves only prepackaged food that meets the requirements of this chapter; and

(2) any nonpotentially hazardous beverage is prepared at the commissary and dispensed from equipment that protects the beverage from contamination.

(h) The exemption in (g) of this section does not relieve an operator from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.625 Mobile retail vendors

(a) In addition to the other applicable requirements of this chapter, a mobile retail vendor selling

(1) only prepackaged food shall

(A) store excess food and supplies at a commissary;

(B) provide hot- or cold-holding units if needed to maintain potentially hazardous food at the temperatures required by 18 AAC 31.234; and

(2) whole, gutted, or gilled seafood that has not been further processed

(A) shall wash raw seafood at

(i) a seafood processing facility permitted under 18 AAC 34; or

(ii) a commissary;

(B) shall provide adequate refrigerator, freezer, or ice chests of adequate capacity to store all seafood products and maintain refrigeration temperatures of 41° F or below or freezer temperatures of 0° F or below;

(D) shall use single-service gloves, tongs, tissues, or other utensils to minimize hand contact with the unpackaged product;

(E) may not process seafood at the mobile unit;

(F) shall keep the unit clean; and

(G) shall store excess seafood at a commissary; and

(3) unpackaged processed seafood shall

(A) operate out of a seafood processing facility permitted under 18 AAC 34 or a commissary;

(B) return to the commissary or seafood processing facility daily for cleaning and sanitizing of food-contact surfaces;

(i) a container with a minimum capacity of two gallons, equipped with a faucet-type spigot, and filled with warm water; if a container is uninsulated, a means to heat water must also be provided;

(ii) a container to catch wastewater from handwashing; and

(iii) soap and single-service towels; and

(D) use single-use gloves or tissues, or other utensils to minimize bare hand contact with the unpackaged product.

(b) A mobile retail vendor need not provide sanitary facilities as required under 18 AAC 31.500 - 18 AAC 31.525 if the unit serves only prepackaged food that meets the requirements of this chapter.

(c) The exemption in (b) of this section does not relieve a mobile retail vendor from complying with requirements of the Department of Labor and Workforce Development.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.630 Machines vending potentially hazardous food

(a) In addition to the other applicable requirements of this chapter, a person who offers potentially hazardous food for sale in a vending machine shall meet the requirements of this section.

(b) The operator of an establishment providing machines vending potentially hazardous foods shall ensure that

(1) each machine vending potentially hazardous food is supported by an approved storage and servicing area or is supplied and serviced from a commissary;

(2) each machine is designed, constructed, and operated in a way that equals or exceeds NSF's ANSI/NSF International Standard 25 - 2000, Vending Machines for Food and Beverages, or the National Automatic Merchandising Association's (NAMA) Standard for the Sanitary Design and Construction of Food and Beverage Vending Machines, both of which are adopted by reference in 18 AAC 31.011;

(3) water used in each machine is obtained from a source constructed and operated as required by 18 AAC 80;

(4) employees wash their hands immediately before loading the machine or use single-use gloves;

(5) potentially hazardous food is dispensed to the consumer in the individual, original container or package into which it was placed at the commissary;

(6) milk and fluid milk products are dispensed only in individual, original containers;

(7) fluid milk products, and fluid nondairy products such as creaming agents, are not dispensed in a vending machine as an ingredient in hot liquid beverages or other food;

(8) the temperature of potentially hazardous food is kept at 41° F or below for cold-held food or 135° F or above for hot-held food except during the time required to load or service the machine and no more than 30 minutes after loading or servicing; and

(9) a conspicuous label is affixed to the front of each machine with the name, physical address, and phone number of the food establishment permitted under this chapter to operate the vending machine.

(c) A semi-automated espresso machine that uses liquid milk and that, upon activation of a switch or insertion of a coin, dispenses a beverage into a container placed under the dispenser by an employee or a consumer is not considered a vending machine for purposes of this chapter.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

Article 7 Food Processing

18 AAC 31.700 Food processing and good manufacturing practices

(a) In addition to complying with other applicable requirements of this chapter, the operator of a food processing establishment shall meet the good manufacturing practice requirements in 21 C.F.R. Part 117, adopted by reference in 18 AAC 31.011.

(b) The operator of a food processing establishment that is not required to have a food safety plan described in 21 C.F.R. 117.126, or that is not subject to 21 C.F.R. Part 113, 21 C.F.R. Part 114, or 21 C.F.R. Part 120, and where processes are used that allow the rapid and progressive growth of infectious or toxigenic microorganisms, or the slower growth of Clostridium botulinum, shall develop and follow a HACCP plan as described in 18 AAC 31.260.

History

Authority: AS 17.20.005; AS 17.20.040; AS 17.20.300 AS 17.20.010; AS 17.20.180; AS 44.46.020 AS 17.20.020; AS 17.20.290
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.702 Food additives

A substance, color additive, indirect food additive, or direct food additive may be added to food if the substance, color additive, indirect food additive, or direct food additive is not prohibited, has been approved for use in human food, is used for its intended use, is used at appropriate rates, and is generally recognized as safe by FDA under the following requirements, adopted by reference in 18 AAC 31.011:

(1) 21 C.F.R. 73.1 - 73.615 (listing of color additives exempt from certification; foods);

(2) 21 C.F.R. 74.101 - 74.706 (listing of color additives subject to certification; foods);

(3) 21 C.F.R. Part 170 (food additives);

(4) 21 C.F.R. Part 172 (food additives permitted for direct addition to food for human consumption);

(5) 21 C.F.R. Part 173 (secondary direct food additives permitted in food for human consumption);

(6) 21 C.F.R. Part 175 (indirect food additives: adhesives and components of coatings);

(7) 21 C.F.R. Part 176 (indirect food additives: substances for use only as components of paper and paperboard);

(8) 21 C.F.R. Part 177 (indirect food additives: polymers);

(9) 21 C.F.R. Part 178 (indirect food additives: adjuvants, production aids, and sanitizers);

(10) 21 C.F.R. Part 180 (food additives permitted in food or in contact with food on an interim basis pending additional study);

(11) 21 C.F.R. 181.22 - 181.34 (prior-sanctioned food ingredients; specific prior-sanctioned food ingredients);

(12) 21 C.F.R. Part 182 (substances generally recognized as safe);

(13) 21 C.F.R. Part 184 (direct food substances affirmed as generally recognized as safe);

(14) 21 C.F.R. Part 186 (indirect food substances affirmed as generally recognized as safe);

(15) 21 C.F.R. Part 189 (substances prohibited from use in human food).

History

Authority: AS 17.20.005; AS 17.20.030; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 6/25/2020, Register 234

18 AAC 31.704 Labeling requirements specific to food processing establishments

(a) In addition to complying with the labeling requirements listed under 18 AAC 31.060, the operator of a food processing establishment shall ensure that food products are labeled with a lot number or other code.

(b) The operator shall keep lot records that include

(1) the lot number or other code;

(2) the date of production; and

(3) other information that will allow production lots to be identified if the food is recalled, contaminated, or otherwise found to be unfit for human consumption.

(c) The operator shall keep lot records for a period that exceeds the shelf life of the product by six months, or for two years, whichever is less.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.300 AS 17.20.010; AS 17.20.180; AS 44.46.020 AS 17.20.040; AS 17.20.290
Eff. 6/25/2020, Register 234

18 AAC 31.706 Recall procedures

(a) The operator of a food processing establishment shall develop, maintain, and make available for department review written procedures sufficient to notify consignees and consumers of a product recall and remove the affected product from commerce as described in 21 C.F.R. 117.139 (recall plan), adopted by reference in 18 AAC 31.011. These written procedures must describe the steps to be taken, and assign responsibilities for taking those steps, to perform the following actions as appropriate to the establishment:

(1) notify each direct consignee of the recalled food product, including instruction of how to return or dispose of the affected product;

(2) notify the public about the hazard presented by the recalled food product;

(3) appropriately dispose of the recalled food product by reprocessing, reworking, diverting to a use that does not present a safety concern, or destroying the food product; and

(4) verify, by means such as personal visits, telephone calls, written communications, or a combination of those means, that each consignee received notification of the recall and has taken the appropriate action.

(b) The operator of a food processing establishment shall notify the department immediately if the operator knows or has reason to believe that a product released into commerce might be adulterated or misbranded.

(c) The operator of a food processing establishment shall implement the recall procedures developed in (a) of this section either at the direction of the department or of the operator's own accord if the operator knows or has reason to believe that a product released into commerce might be adulterated or misbranded.

(d) The operator of a food processing establishment shall maintain records relating to implementation of recall procedures, including notifications to the department, consignees, and the public, and product disposition.

History

Authority: AS 17.20.005; AS 17.20.230; AS 17.20.290 AS 17.20.010; AS 17.20.250; AS 44.46.020 AS 17.20.072; AS 17.20.260 AS 17.20.180; AS 17.20.270
Eff. 6/25/2020, Register 234

18 AAC 31.710 Hazard analysis critical control point (HACCP)

Repealed.

History

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; repealed 6/25/2020, Register 234

18 AAC 31.720 Thermal processing and acidified food

In addition to complying with other applicable requirements of this chapter, an operator of a food processing establishment who

(1) thermally processes low-acid foods packaged in hermetically sealed containers shall meet the requirements of 21 C.F.R. 108.35 and 21 C.F.R. Part 113, adopted by reference in 18 AAC 31.011; or

(2) processes acidified foods shall meet the requirements of 21 C.F.R. 108.25 and 21 C.F.R. Part 114, adopted by reference in 18 AAC 31.011.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180 AS 17.20.020; AS 17.20.290
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.730 Glacier ice and ice manufacturing

(a) In addition to complying with other applicable requirements of this chapter, except for a person who exports glacier ice without further processing and a person that manufactures ice primarily for use by a seafood processor permitted under 18 AAC 34, the operator of a food establishment where glacier ice or ice is manufactured shall comply with the requirements of 21 C.F.R. Part 117, adopted by reference in 18 AAC 31.011.

(b) For glacier ice, the operator of a food establishment shall ensure that

(1) contamination of glacier ice is minimized during harvesting, transportation, and storage; and

(2) before processing, glacier ice is cleaned with potable water to remove surface debris and contaminants.

(c) Glacier or manufactured ice may not exceed the maximum contaminant levels set for drinking water in 18 AAC 80.300. If the operator finds or suspects that a maximum contaminant level has been exceeded, the operator shall submit samples of the glacier or manufactured ice to a certified laboratory for analysis of the contaminants of concern listed in 18 AAC 80.300, at a frequency necessary to assure that the water quality meets the requirements of this subsection. Samples submitted must produce a minimum of 100 ml of water when melted.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180 AS 17.20.020; AS 17.20.290
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 12/28/2006, Register 180; am 6/25/2020, Register 234

18 AAC 31.740 Bottled drinking water

(a) In addition to complying with other applicable requirements of this chapter, an operator of a food processing establishment who bottles drinking water shall comply with this section and meet the food standard, quality, and labeling requirements in 21 C.F.R. 165.110 and the requirements for processing and bottling of bottled drinking water in 21 C.F.R. Part 129, both adopted by reference in 18 AAC 31.011.

(b) Subject to (c) of this section, quality testing of product water must use the methods described in 21 C.F.R. 165.110(b) or an alternate method that has been approved by the department in writing.

(1) is also the operator of the public water system used as the water source; and

(2) has a copy of one of the following on file at the food processing establishment:

(A) a valid interim approval to operate issued under 18 AAC 80.210(e); or

(B) a valid final approval to operate issued under 18 AAC 80.210(f).

(d) Each analysis described in (b) of this section shall be conducted by a certified laboratory.

(e) If a result of an analysis under 21 C.F.R. 129.80(g)(1) indicates the presence of coliform bacteria, the operator shall detain each affected product lot pending follow-up testing for Escherichia coli (E. coli).

(f) The sample for follow up testing required under (e) of this section must consist of a unit package from the same lot as the initial sample, or if sampling from the same lot as the original sample is not possible, from the next available lot.

(g) Each product lot detained under (e) of this section may only be released if the results of the follow-up testing confirm the absence of E. coli and meet the standards of 21 C.F.R. 165.110(b)(2).

(h) If the presence of E. coli is verified, the product is adulterated and the operator shall prevent the lot from being distributed.

(i) If the presence of coliform bacteria is verified, the operator shall review the transportation, storage, and bottling procedures to find the source of contamination and immediately correct any deficiencies found.

(j) Every three months, a bacteriological swab or rinse count shall be made from at least four containers and closures selected just before filling and sealing. Each analysis shall be conducted by a qualified or certified laboratory.

(k) If a result of an analysis under (j) of this section or 21 C.F.R. 129.80(f) indicates the presence of coliform bacteria, the operator shall review the transportation, storage, and bottling procedures to find the source of contamination and immediately correct any deficiencies found.

(l) Bottled water that is bottled in this state and that is labeled as

(1) "glacier water," "pure glacier water," or words of similar meaning must be

(A) the runoff directly from the natural melting of a glacier;

(B) water obtained from the melting of glacier ice at a food processing establishment permitted under this chapter; or

(C) water from a stream that flows directly from a glacier and that has not been diluted or influenced by a non-glacial stream; and

(2) "glacier-blend," "glacially influenced," or words of similar meaning must be water taken from a

(A) glacial stream that is influenced by a mapped tributary whose headwaters are not from a glacier; or

(B) lake that is fed by a glacial stream.

(m) For purposes of ( l) of this section, a mapped tributary is a surface water channel drainage in the state that has been mapped by the United States Department of Interior, United States Geological Survey (USGS).

(n) Bottled water that is bottled in this state and labeled as "glacier water," "pure glacier water," "glacier-blend," "glacially influenced," or words of similar meaning may

(1) be collected and transported by pipes, tunnels, trucks, or similar devices;

(2) not be altered at the food processing establishment by the addition or deletion of minerals, or by blending the water with water from another source, except that the water may be filtered or otherwise treated; and

(3) be drawn from a catchment that is connected to the stream or lake that is the source of the water.

(o) A food processing establishment shall maintain and make available for department review the following documents:

(1) results of the testing required by (j) of this section or 21 C.F.R. 129.80(f); those results must include

(A) the date the samples were collected;

(B) the date the samples were analyzed and

(i) for a qualified laboratory, the name of each individual who analyzed the samples; and

(ii) for a certified laboratory, the name of the laboratory;

(D) any actions taken under (k) of this section; and

(2) results of the testing required by 21 C.F.R. 129.80(g); those results must include

(A) the date the samples were collected and the lot numbers;

(B) the date the samples were analyzed, the type of analyses conducted, and the name and address of the laboratory;

(D) any actions taken under (e) and (i) of this section.

(p) Records that are required under (o) of this section may be kept at

(1) the food processing establishment; or

(2) a location other than the food processing establishment if the records can be produced for the department not later than 24 hours after a department request.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 17.20.300 AS 17.20.020; AS 17.20.180; AS 44.46.020 AS 17.20.040; AS 17.20.200
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 5/3/2019, Register 230; am 6/25/2020, Register 234

18 AAC 31.745 Juice

In addition to complying with other applicable requirements of this chapter, an operator of a food processing establishment who processes juice shall meet the requirements of 21 C.F.R. Part 120, adopted by reference in 18 AAC 31.011.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 17.20.300 AS 17.20.020; AS 17.20.180; AS 44.46.020 AS 17.20.040; AS 17.20.200
Eff. 6/25/2020, Register 234

18 AAC 31.750 Game bird; poultry exempt from meat and poultry inspection regulations

Repealed.

History

Eff. 5/18/97, Register 142; repealed 12/19/99, Register 152

18 AAC 31.760 Reduced oxygen packaging at food services or markets

Repealed.

History

Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; repealed 6/25/2020, Register 234

18 AAC 31.770 Meat, poultry, and game slaughtering and processing

(a) Except as provided in 18 AAC 31.205, 18 AAC 31.820, and (b) and (c) of this section, meat, poultry, and game meat slaughtered, processed, distributed, or sold as part of commerce and intended for human consumption must

(1) come from a facility operating under a USDA mandatory or voluntary inspection program; or

(2) for poultry, be exempt from USDA poultry inspection.

(b) The requirements of this section do not apply to processes that are usually and traditionally conducted at food service establishments or markets when meat, poultry, or game meat are processed into normal retail quantities for sale at that food service establishment or market. Processes usually and traditionally conducted at a food service establishment or market include

(1) cutting, slicing, and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts such as steaks, chops, and roasts, and freezing those cuts;

(2) grinding and freezing products made from meat, poultry, or game meat;

(3) curing, cooking, smoking, rendering, or refining meat, poultry, or game meat, or other preparation of products, except slaughtering or thermal processing of canned products; and

(4) packaging or repackaging products, other than canning or bottling.

(c) A facility where meat, poultry, or game meat is slaughtered or processed for the owner of the meat, poultry, or game meat for consumption by the owner, a member of the owner's household, or a nonpaying guest of the owner, shall ensure that

(1) meat, poultry, or game meat entering or processed at the facility is

(A) conspicuously marked, labeled, or tagged with the common and usual name of the meat, poultry, or game animal; and

(B) processed separately from other permitted operations by time or space;

(2) for products that are shipped in containers, each container is labeled with the

(A) name and location address of the processing facility; and

(B) common and usual name of the meat, poultry, or game animal; and

(3) for products that are individually packaged, each package is conspicuously labeled "NOT FOR SALE."

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 17.20.300 AS 17.20.020; AS 17.20.180; AS 44.46.020 AS 17.20.040; AS 17.20.200
Eff. 6/28/2001, Register 158; am 6/25/2020, Register 234; am 6/6/2021, Register 238

Article 8 Markets

18 AAC 31.800 Bulk food

In addition to meeting the other applicable requirements of this chapter, the operator of a market who displays bulk food for self service shall ensure that

(1) display units are properly labeled as required by 18 AAC 31.060;

(2) labels and marking pens are available to consumers to identify bulk items purchased;

(3) repealed 12/28/2006;

(4) bulk food display units are separated from any containers of bulk chemicals and bulk pet food by distance, such as separate aisles, or partitions;

(5) an employee is assigned to monitor the area to discourage tampering and consumer contamination; to restock; to label; to clean spills; and to wash, rinse, and sanitize containers and utensils;

(6) scoops, tongs, or other utensils are readily available to minimize hand contact, and are stored in the food with the handle up or in a protective enclosure or holder;

(7) tongs, scoops, and other utensils used by customers are washed, rinsed, and sanitized at least once each day or more frequently if needed; and

(8) display units and lids are washed, rinsed, and sanitized before restocking, when soiled, or at more frequent scheduled intervals, depending on the amount and type of food accumulation.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 12/28/2006, Register 180

18 AAC 31.810 Retail seafood products

(a) In addition to the other applicable requirements of this chapter, an operator of a market who offers seafood products for retail sale shall comply with this section.

(b) The operator shall ensure that, in addition to the applicable requirements of 18 AAC 31.060, labels on packaged seafood include

(1) the date of packing;

(2) the name of the seafood product for which a definition and standard of identity are included in The Seafood List, FDA's Guide to Acceptable Market Names for Seafood Sold in Interstate Commerce, adopted by reference in 18 AAC 31.011, or the usual name of the seafood product for which a definition and standard of identity are not included in that document; and

(3) for an imitation seafood product, the word "imitation", followed by the name of the product, with the labeling in letters as large as the name of the product.

(1) shall ensure that during storage or display

(A) frozen seafood products are kept frozen until sold or thawed for sale or use;

(B) seafood products that are thawed before sale or use are thawed in a preparation sink under running cold water at 70° F or below, or thawed under refrigeration; and

(C) a reduced oxygen packaged seafood product that is not thermally processed to be sterile or frozen is kept at 38° F or below;

(2) may display packaged products directly in clean, drained ice from an approved source; and

(3) may store or display raw products in clean, drained ice from an approved source, except that if ice is the sole method of maintaining product temperature, the product depth may not exceed

(A) the thickness of a whole fish;

(B) a single layer of fillets, roasts, or steaks; and

(d) In addition to the requirements of (a) - (c) of this section, the operator of a market shall ensure that

(1) refrigerated display cases or ice-cooled display cases or bins

(A) are durable and able to withstand the weight of seafood products and display ice;

(B) have a drain system adequate to remove fluids from condensation, melting ice, and the product;

(D) with condenser coils or cooling fins located at the top of the case, have catchment covers that remove any possible condensation or drippage above the product; and

(E) are cleaned of ice, and washed, rinsed, and sanitized at least three times each week, or more often if needed to control odor; and

(2) storage pans are perforated;

(3) repealed 12/28/2006;

(4) repealed 12/28/2006.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.820 Reindeer for retail sale to or at a market

(a) An owner or a herder of reindeer may sell meat from slaughtered and dressed reindeer to a market only if the reindeer comes slaughtered and dressed from an approved source, or if

(1) the reindeer are slaughtered and dressed only when the outdoor temperature is 32° F or below and there is adequate snow cover on the ground to protect the carcasses from contamination;

(2) slaughtered carcasses are covered by the person who is slaughtering before moving the carcasses, to protect the meat from contamination;

(3) carcasses are frozen immediately after slaughter and are kept frozen during transportation, storage, and display; and

(4) carcasses are visibly clean.

(b) The operator of a retail meat market permitted under this chapter may process frozen reindeer shoulders, saddles, legs, or whole carcasses into smaller portions or cuts if

(1) the processing is kept separate from other processing by time or space;

(2) equipment used to process reindeer is washed, rinsed, and sanitized before and after processing as required by 18 AAC 31.420 - 18 AAC 31.424;

(3) the meat is kept frozen during processing, storage, and display; and

(4) in addition to the labeling requirements of 18 AAC 31.060, retail packages are conspicuously labeled as follows: "NOT AN INSPECTED PRODUCT. REINDEER MUST BE COOKED TO AN INTERNAL TEMPERATURE OF 165° F. OR ABOVE."

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.040; AS 17.20.290
Eff. 5/18/97, Register 142; am/readopt 12/19/99, Register 152; am 9/6/2003, Register 167; am 12/28/2006, Register 180

Article 9 Compliance Procedures and General Provisions

18 AAC 31.900 Inspections and audits

(a) The department may conduct inspections or audits to determine compliance with this chapter and will record the findings on an inspection report.

(b) The operator of a food establishment shall allow an employee or agent of the department, after proper identification, to enter and have free access to the establishment during reasonable hours to

(1) inspect all or any portion of the establishment, including each type of operation required to have a permit under 18 AAC 31.020;

(2) inspect all or any portion of any commissary, servicing area, or other facility supporting or operating in conjunction with the food establishment, including areas supporting vending machines;

(3) examine records relating to the establishment's certified food protection manager, food worker cards, and food and supplies purchased, received, or used;

(4) examine standard operating procedures and self-assessments conducted by the establishment, if the establishment is required to implement standard operating procedures or conduct self-assessments under 18 AAC 31.902;

(5) investigate any employee illness or absenteeism to determine compliance with 18 AAC 31.300 or as part of a foodborne illness investigation, as specified in 18 AAC 31.907;

(6) examine food, observe procedures, obtain samples, or conduct tests to determine compliance with this chapter; and

(7) interview employees to determine knowledge of and compliance with safe food handling procedures and food safety practices specified in this chapter.

(1) a risk factor or intervention violation must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and the protection of public health, the department may designate a correction period of up to 10 days on the form; and

(2) a good retail practice violation must be corrected immediately; if the department agrees that immediate correction is not possible and that interim measures can be initiated to satisfy the purpose of the requirement and the protection of public health, the department may designate a correction period of up to 90 days on the form.

(d) The operator of a food establishment shall notify the department in writing when the operator has corrected a violation. The department may conduct an inspection to confirm correction.

(e) The department will review inspection findings under 18 AAC 31.940 if the operator of a food establishment submits a written review request within 10 days after receiving the finding.

(f) The operator of a food establishment shall

(1) post a copy of the most recent inspection report; and

(2) provide a copy of this chapter for review by employees.

(g) The department will, if it determines that publication serves the interests of public health and consumer protection, publish inspection reports or ratings in a newspaper or on the department's Internet website.

(h) An operator of a food establishment may request that the department conduct a consultative inspection to determine compliance with this chapter. A violation noted during a consultative inspection is not subject to enforcement action under 18 AAC 31.905, including permit suspension, but the department may conduct an inspection to verify correction of the violation.

History

Authority: AS 03.05.011; AS 17.20.020; AS 17.20.200 AS 03.05.040; AS 17.20.070; AS 17.20.220 AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.010; AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/1/2004, Register 172; am 12/28/2006, Register 180

18 AAC 31.902 Food safety management systems

(a) The department may require an operator of a food establishment to comply with (b) of this section if the department determines a food establishment has

(1) a foodborne outbreak associated with the facility;

(2) more than one risk factor or intervention violation of this chapter; or

(3) one or more good retail practice violations that the department determines significantly increase the risk to consumers of a foodborne illness.

(b) If the department makes a determination under (a) of this section, the department may require the operator of a food establishment to

(1) have a certified food protection manager present at all times when food preparation activities are occurring; or

(2) develop and implement a food safety management system that includes

(A) written standard operating procedures, as specified in (c) of this section; and

(B) regularly-conducted self-assessments, as specified in (d) of this section.

(c) If standard operating procedures are required in (b) of this section, the operator of a food establishment shall develop, implement, maintain, and make available to the department written standard operating procedures that describe methods used to ensure that the operator is actively managing risks that contribute to foodborne illness, including procedures that include definitive practices and expectations that ensure that the requirements of this chapter are met.

(d) If regularly-conducted self-assessments are required under (a) of this section, the operator shall conduct a self-assessment using an approved form and on a schedule designated by the department that evaluates compliance with the procedures developed and implemented under (c) of this section.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.905 Permit suspension and establishment closure

(a) The department may, without prior warning, notice, or hearing, suspend a permit and require that the food establishment immediately stop operating if

(1) an imminent health hazard exists and no immediate correction or containment that is acceptable to the department is available;

(2) during an inspection conducted under 18 AAC 31.900, the operator receives

(A) five or more risk factor or intervention violations;

(B) four risk factor or intervention violations and five or more good retail practice violations; or

(3) a food establishment is placed under a boil water notice under 18 AAC 80.635 because of a violation of the maximum contaminant level for coliform bacteria, and the operator fails to take the actions required by 18 AAC 31.500(e);

(4) the department advises the operator under 18 AAC 80 that one or more samples of the food establishment's public water system are positive for fecal coliforms;

(5) the operator fails to comply with the terms of a conditional permit issued under 18 AAC 31.021, including if

(A) each violation specified under 18 AAC 31.021 is not corrected on or before the date indicated on the conditional permit;

(B) the operator does not make fee payments in compliance with a fee schedule established under 18 AAC 31.021; or

(6) multiple or repeated violations of a requirement of this chapter occur;

(7) a risk factor or intervention violation is not corrected within the time frame designated during an inspection conducted under 18 AAC 31.900;

(8) during a reinspection of a food establishment within a 12-month period, the department notes on an inspection form, three or more risk factor or intervention violations;

(9) the operator or an employee interferes with a department employee or agent in the performance of official duties; or

(10) the department believes that a food establishment or an employee might be the source of a foodborne illness.

(b) The department may, without prior warning, notice, or hearing, issue a notice of closure to a food establishment and require that the food establishment immediately stop operating if a person is operating a food establishment without a valid permit issued under 18 AAC 31.020.

(c) If the department requires a food establishment to stop operating under (a) or (b) of this section, the operator may not resume operating until

(1) a reinspection shows that the conditions that caused the stoppage no longer exist; the department may, if public health is protected and the purpose of this chapter is otherwise satisfied, accept a written agreement with the operator that establishes a schedule for correcting deficiencies that cannot reasonably be corrected before the scheduled reinspection; and

(2) the operator has implemented a food safety management system, including appropriate written standard operating procedures and self-assessments, as specified at 18 AAC 31.902.

(d) If the department requires a food establishment to stop operating under (a) or (b) of this section, the department will order affixed a notice at the food establishment in a place conspicuous to the public that indicates the establishment is closed. The notice may only be removed by the department or by the operator with the department's written consent.

(e) After the department suspends a permit or issues a notice of closure, the operator may request an informal review under 18 AAC 15.185 or may request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act). An adjudicatory hearing is requested by submitting a request for hearing to the commissioner not later than 30 days after the issuance by the department of the notice of suspension or closure. If a timely request for an adjudicatory hearing is received, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.

History

Authority: AS 17.20.005; AS 17.20.020; AS 17.20.180 AS 17.20.010; AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 12/30/2000, Register 156; am 6/28/2001, Register 158; am 7/11/2002, Register 163; am 12/1/2004, Register 172; am 12/28/2006, Register 180; am 11/5/2017, Register 224

18 AAC 31.907 Foodborne illness investigation and control

(a) If the department believes a food establishment or an employee might be the source of a foodborne illness, the department may take action necessary to control disease transmission, including suspending the food establishment's permit under 18 AAC 31.905, and actions recommended by the Department of Health and

(1) securing an illness history from each employee suspected of transmitting the illness;

(2) restricting a suspect employee's services to an area of the food establishment where there is no danger of transmitting disease or excluding a food employee from the food establishment;

(3) requiring medical or laboratory examination of a suspect employee;

(4) securing records or other information that might assist in the positive identification of persons potentially exposed to the disease; or

(5) obtaining samples of food for laboratory analysis.

(b) If the department restricts or excludes an employee under (a) of this section or in response to a report from an operator, as specified in 18 AAC 31.300(b)(3), the department will release an employee from restriction or exclusion

(1) if the employee provides a statement from a health practitioner that the employee is free of the infection; or

(2) as recommended by the Department of Health.

(c) The department may release to the public the name of a food establishment found to be the source of a foodborne illness if the release will assist in the diagnosis, prevention, or treatment of the disease or if otherwise required by law.

History

Authority: AS 17.20.005; AS 17.20.072; AS 17.20.290 AS 17.20.020; AS 17.20.180; AS 44.46.020
Eff. 12/28/2006, Register 180

18 AAC 31.910 Examination, detention, and destruction of food

(a) The department may examine and obtain samples of food offered or displayed for sale to the public.

(b) The department may detain a food product or food ingredient if the department determines, or has cause to believe, that the food product or food ingredient is adulterated, misbranded, or processed or harvested in violation of this chapter. Detention under this subsection is subject to the following procedures:

(1) the department will

(A) order affixed in a conspicuous place to the food product or food ingredient a "detained" tag or other appropriate marking that gives notice that the food product or food ingredient has been detained, and that warns against the removal or disposal of the food product or food ingredient without permission from the department or a court; a person may not move, reprocess, relabel, destroy, or otherwise terminate detention of the food product or food ingredient without the department's written consent;

(B) issue a notice of detention and inform the immediate custodian or operator of conditions under which the detention can be terminated; and

(2) the immediate custodian or operator may request an expedited hearing in writing not later than 30 days after receipt of the notice of detention by serving the request on the commissioner and the office of administrative hearings (AS 44.64.010); if a timely request for an expedited hearing is received, the office of administrative hearings will hold an expedited hearing and make a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the notice of detention; the office of administrative hearings will hold an expedited hearing under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 not later than seven days after receipt of a request and will issue a recommended decision not later than seven days after the hearing, or not later than 35 days after the date of the notice of detention, whichever is later; the commissioner will issue a final department decision within the shortest feasible time;

(3) if, after issuing a notice of detention, the department determines that the food product or food ingredient is not adulterated, misbranded, or processed or harvested in violation of this chapter, the department will notify the immediate custodian or operator and order the detention terminated; and

(4) if the department determines that the food product or food ingredient is adulterated, misbranded, processed, or harvested in violation of this chapter, the department will notify the immediate custodian or operator by personal service or certified mail of the corrective action necessary, which may include destruction of the food product or food ingredient.

History

Authority: AS 03.05.011; AS 17.20.070; AS 17.20.240 AS 17.20.005; AS 17.20.072; AS 17.20.250 AS 17.20.010; AS 17.20.180; AS 17.20.270 AS 17.20.020; AS 17.20.200; AS 17.20.290 AS 17.20.040; AS 17.20.230; AS 44.46.020
Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 11/5/2017, Register 224

18 AAC 31.915 Civil fines

(a) The department may, without prior warning, notice, or hearing, assess a civil fine of not more than $1,000 for each violation for a serious or repeat violation of this chapter as listed in Table K of this subsection.

TABLE K

SCHEDULE OF FINES

VIOLATION AMOUNT FOR FIRST

OFFENSE AMOUNT FOR

SECOND

OFFENSE AMOUNT FOR

THIRD AND

SUBSEQUENT

OFFENSES

Operating without a

permit in violation

of 18 AAC 31.0202 times the

amount

of the annual

permit fee

specified in 18

AAC 31.0502 times the

amount

of the annual

permit fee

specified in 18

AAC 31.0502 times the

amount

of the annual

permit fee

specified in 18

AAC 31.050Labeling,

placarding, or

consumer advisories

not provided in

violation of 18 AAC

31.060$250$500$1,000Food is from an

unapproved source

in violation of

18 AAC 31.200

$250$500$1,000Food sold, served,

or used in the

establishment is

unwholesome,

adulterated, or not

safe for human

consumption in

violation of

AS 17.20.020 or

17.20.030, or

18 AAC 31.200$250$500$1,000Food and food

preparation for a

highly susceptible

population not

modified where

required in

violation of 18 ACC

31.215$250$500$1,000Ready-to-eat food

not protected from

contamination from

raw food in

violation of 18 AAC

31.221$250$500$1,000Handling ready-to-

eat food with bare

hands in violation

of 18 AAC 31.220$250$500$1,000Potentially

hazardous food not

cooked, cooled, or

held during

receiving, storage,

preparation,

processing, display,

service, or

transportation at

required

temperatures and

times of violation of

18 AAC 31.230 -

18 AAC 31.234$250$500$1,000Potentially

hazardous food not

discarded as

required where time

is used as a public

health control in

violation of 18 AAC

31.236$250$500$1,000Re-service of

potentially

hazardous food or

unwrapped food

that has previously

been served or sold

to a consumer in

violation of 18 AAC

31.226$250$500$1,000An employee who

has a condition

described in

18 AAC 31.300

handles food$250$500$1,000A person working in

a food

establishment is not

practicing strict

standards of

cleanliness or

personal hygiene,

including

handwashing, in

violation of 18 AAC

31.310 or 18 AAC

31.315, the results

of which might be a

foodborne illness$250$500$1,000Handwashing

facilities not

installed,

maintained, or

accessible in

violation of 18 AAC

31.416 or 18 AAC

31.525$250$500$1,000Food-contact

surfaces are not

washed, rinsed, or

sanitized effectively

in violation of any

provision of

18 AAC 31.422 -

18 AAC 31.424$250$500$1,000Water is from an

unapproved public

water system if the

system is required

to be approved, or

water is not potable

in violation of

18 AAC 31.500$250$500$1,000A water system

does not provide hot

and cold running

water under

pressure as

required by this

chapter, or has a

cross-connection

with a nonpotable

supply or a back

siphonage potential$250$500$1,000Sewage or liquid

waste not disposed

of in an approved

manner in violation

of 18 AAC 31.510$250$500$1,000Insects, rodents, or

other prohibited

animals are on the

premises in

violation of 18 AAC

31.535 or 18 AAC

31.575$150$300$600Poisonous or toxic

material improperly

labeled, stored, or

used in violation of

18 AAC 31.570$250$500$1,000A HACCP plan is

not provided as

required in

violation of 18 AAC

31.260$250$500$1,000Standard operating

procedures or self-

assessments are not

implemented or

conducted where

required in

violation of 18 AAC

31.902$250$500$1,000A violation of

another

requirement of

18 AAC 31 not

listed above$0$200$400

(b) For the purpose of determining whether a civil fine is assessed under this section, the department will consider aggravating or mitigating factors, including

(1) the history of previous violations by the operator or establishment;

(2) the seriousness of the violation, including actual or potential hazard to the health and safety of the public;

(3) whether the violation occurred due to negligence or intentional conduct;

(4) whether the operator has demonstrated good faith efforts to achieve rapid compliance after notification of a violation, including the operator's current status of compliance and the number of continuing violations;

(5) the actual or potential economic gain to the operator by violating a provision of this chapter;

(6) enforcement costs incurred by the department relating to the violation; and

(7) payment of civil fines previously assessed for same violation.

(c) After the department assesses a civil fine under this section, the operator may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under AS 44.62 (Administrative Procedure Act). An adjudicatory hearing may be requested by submitting a request to the commissioner not later than 30 days after the notice of assessment of the civil fine. Upon receipt of a timely request for an adiudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who assessed the civil fine.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.010; AS 17.20.180 AS 17.20.020; AS 17.20.290
Eff. 12/28/2006, Register 180; am 11/5/2017, Register 224; am 6/25/2020; Register 234

18 AAC 31.920 Food protection managers

Repealed.

History

Eff. 5/18/97, Register 142; am 12/19/99, Register 152; repealed 12/28/2006, Register 180

18 AAC 31.925 Food service establishment recognition program

(a) Under the department's food service establishment recognition program, an operator with a valid permit under 18 AAC 31.030 may apply for recognition from the department for a food service establishment. The department will issue recognition to a food service establishment if

(1) the operator submits to the department

(A) an application for recognition on a form provided by the department;

(B) a list of individuals working at or employed by the establishment who are certified food protection managers under 18 AAC 31.325; and

(C) a copy of each monthly self-assessment that the operator has completed when performing monthly self-assessments under 18 AAC 31.902 and (3) of this subsection;

(2) during the 12 months before the date that the department receives the operator's submission under (1) of this subsection,

(A) for each inspection performed under 18 AAC 31.900, the operator receives no more than

(i) two risk factor or intervention violations at the establishment with immediate correction of those violations; or

(ii) one risk factor or intervention violation at the establishment with immediate correction of the violation, and no more than two good retail practice violations;

(B) a known foodborne outbreak was not associated with the establishment; and

(C) the department did not pursue or undertake a compliance action against the establishment; for purposes of this subparagraph, a compliance action includes a modification or suspension of the food establishment permit, a notice of violation under 18 AAC 31.900 - 18 AAC 31.905, a negotiated order, a uniform summons and complaint, or a compliance order under AS 46.03;

(3) currently and on a continual basis, the operator has a food safety management system in place that includes

(A) a person who carries out the responsibilities in 18 AAC 31.320 and a certified food protection manager, as specified in 18 AAC 31.325;

(B) a food worker card for each food worker, as specified in 18 AAC 31.330; and

(C) routine self-assessments, as described in 18 AAC 31.902, conducted at least once every 30 days; the completed self-assessments must be available for department review upon request; and

(4) the department determines that recognition serves the interests of public health and consumer protection.

(b) If the department determines that the requirements of (a) of this section are met, the department

(1) will issue recognition to the food service establishment; and

(2) may list the food service establishment

(A) in a monthly department press release of establishments recognized during that month; and

(B) on the Internet website of the department.

(c) If a food service establishment with recognition under this section fails to maintain standards as required in this section, the department will notify the operator in writing of the actions required to maintain recognition, and will provide the establishment with a schedule to meet the standards. If the establishment fails to complete the actions required to maintain recognition within the scheduled time frame, the department may, without prior warning, notice, or hearing, withdraw the establishment's recognition.

(d) Recognition under this section is valid until December 31 of the year issued. An operator whose food service establishment has not been recognized under this section or whose recognition has expired or been withdrawn by the department may not assert or imply that the establishment has recognition under this section.

History

Authority: AS 17.20.005; AS 17.20.220; AS 44.46.020
Eff. 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/1/2004, Register 172; am 12/28/2006, Register 180

18 AAC 31.930 Variance from requirements

(a) Except for a fee required by 18 AAC 31.050, the department will grant a variance from a requirement of this chapter if the department finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a variance must be submitted in writing to the department, on a form supplied by the department, and must

(1) specify the requirement for which the variance is sought;

(2) state the reason why the requirement cannot be met; and

(3) describe the alternate method proposed to meet the purpose of the requirement.

(d) A variance granted under this section is valid only if the operator complies with the terms agreed upon in the variance. A variance may not be transferred.

History

Authority: AS 17.20.005; AS 17.20.020; AS 17.20.180 AS 17.20.010; AS 17.20.072; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.940 Right to appeal noncompliance decision

(a) Except for a fee dispute subject to (b) of this section, the operator of a food establishment subject to this chapter may request an informal review under 18 AAC 15.185 of a department decision regarding that operator's noncompliance with this chapter. This subsection does not affect a person's right to a hearing under AS 44.62 (Administrative Procedure Act).

(b) An operator of a food establishment subject to this chapter who disputes an invoice issued under 18 AAC 31.050 may request a fee review under 18 AAC 15.190.

(c) If the department orders the embargo or destruction of food under 18 AAC 31.910 without prior opportunity for a hearing under AS 44.62.330 - 44.62.640, the permittee may request an expedited hearing by notifying the commissioner and the office of administrative hearings (AS 44.64.010) not later than 15 days after the permittee receives the order. The office of administrative hearings will schedule an expedited hearing at the earliest possible time and make a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the order. The hearing will be held not later than five days after the office of administrative hearings receives the expedited hearing request. The submission of a request or the scheduling of a hearing does not stay the operation of the department's order. Within the shortest feasible time the office of administrative hearings will issue a recommended decision to the commissioner or the commissioner's designee. The commissioner or the commissioner's designee will issue a final department decision within the shortest feasible time.

History

Authority: AS 17.20.005; AS 17.20.190 AS 17.20.180; AS 44.46.020
Eff. 5/18/97, Register 142; readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 31.945 Delegation of authority

(a) Except as provided in (h) of this section, the department may delegate to a municipality the authority to implement the requirements of this chapter that apply to a food service or to a market, upon approval of an application for delegation.

(b) A municipality seeking delegation must provide documentation to the department that demonstrates that the municipality's proposed program has

(1) funding, staff, and equipment necessary to accomplish compliance with the terms and conditions of the delegation;

(2) an inspection and enforcement program that determines and documents compliance;

(3) insurance to cover any personal injury or property damage and that adequately protects the state;

(4) an ongoing employee training and verification program that ensures uniformity among regulatory staff in the interpretation and application of laws; and

(5) regulatory requirements that include provisions at least as protective of public health as those contained in this chapter.

(c) The department may request information in addition to that provided under (b) of this section that the department considers necessary to determine whether the department will delegate authority to the municipality.

(d) For a delegation that the department has approved under this section to be valid, the department and the individual with administrative management authority for the municipality must sign the delegation. The delegation must include, at a minimum, terms and conditions that set out the following:

(1) the right of the department periodically to audit the municipality to ensure compliance with the terms and conditions of the delegation;

(2) the right of the department to require an annual report summarizing the establishments that the municipality permitted or otherwise approved or inspected, including information on the findings of the inspections, to allow the department to report on food safety statewide;

(3) indemnification of the state against any liability, losses, or damages arising out of or in any manner connected with the department's delegation under this section; and

(4) the right of the department to terminate the delegation if the department determines

(A) a threat to public health or consumer protection exists; or

(B) that the delegation is not in the public interest.

(e) If the department has cause to believe, based on an audit conducted under (d) of this section or other information, that the municipality is not in compliance with the terms and conditions of the delegation or with this chapter, a threat to public health or consumer protection exists, or the delegation is not in the public interest, the department will

(1) notify the municipality in writing of

(A) the areas of concern or in which the department has determined that the municipality is failing to comply; and

(B) the reasons for the department's determination; and

(2) provide the municipality 30 days after receiving the notification under (1) of this subsection to

(A) explain why the municipality disagrees with the department's determination; or

(B) outline the steps that the municipality is taking or proposes to take to correct the areas of concern or noncompliance.

(f) After reviewing the information received under (e) of this section, the department may, as necessary to serve the interests of public health,

(1) revoke the delegation if the department finds that the delegation is no longer in the public interest or that the municipality is not in compliance with the terms and conditions of the delegation, or with this chapter, and that the municipality is not likely to come into compliance;

(2) periodically review the actions of the municipality until compliance is achieved if the department finds that the municipality is not in compliance with the terms and conditions of the delegation but that the municipality is taking sufficient steps to come into compliance; or

(3) modify the delegation.

(g) If the department modifies or revokes a delegation under this section, the department will send a notice to the municipality stating that, based on the department's written findings under (f) of this section, that the delegation will be revoked or modified, effective immediately, unless the notice gives a specific date on which the revocation or modification becomes effective.

(h) A delegation under this section does not apply to food that is processed and intended for interstate commerce.

(i) A municipality may not further delegate a delegation under this section.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020
Eff. 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180

18 AAC 31.985 Potentially Hazardous Food

(a) For purposes of this chapter, a food is a potentially hazardous food if it requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

(b) Potentially hazardous food includes

(1) a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, or garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support pathogenic microorganism growth or toxin formation; and

(2) except for a food for which the department has granted a variance under 18 AAC 31.930, a food that, because of the interaction of its water activity and pH values, is designated as PA in Table L or M of this section.

TABLE L

INTERACTION OF pH AND WATER ACTIVITY FOR

CONTROL OF SPORES IN FOOD HEAT-TREATED TO

DESTROY VEGETATIVE CELLS AND SUBSEQUENTLY

PACKAGED

WATER ACTIVITY

VALUES pH VALUES

4.6 or less greater than 4.6

and no greater

than 5.6

greater than 5.6 0.92 or less

non-PHF*

greater than 0.92

and no greater than

0.95

non-PHF* non-PHF* PA** greater than 0.95

non-PHF*

PA**

*non-PHF means non-potentially hazardous food **PA means a variance granted under 18 AAC 31.930 is required to consider the

food non-PHF

TABLE M

INTERACTION OF pH AND WATER ACTIVITY FOR

CONTROL OF VEGETATIVE CELLS AND SPORES IN FOOD

NOT HEAT-TREATED OR HEAT-TREATED BUT NOT

PACKAGED

WATER

ACTIVITY

VALUES pH VALUES

less than 4.2 no less than

4.2 and not

greater than

4.6

greater than

4.6 and no

greater than

5.0

greater than

5.0 less than 0.88

non-PHF*

no less than

0.88 and no

greater than 0.90

non-PHF* non-PHF* non-PHF* PA** no less than

0.90 and no

greater than

0.92

non-PHF* non-PHF* PA** PA** greater than

0.92

non-PHF* PA** PA** PA** *non-PHF means nonpotentially hazardous food **PA means a variance granted under 18 AAC 31.930 is required to consider the

food non-PHF

(1) a hard-boiled egg with shell intact that has been air-cooled, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable Salmonellae;

(2) food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(3) food that, because of its pH or water activity value, or interaction of water activity and pH values, is designated as a non-potentially hazardous food in Table L or M of this section; or

(4) food that is designated as PA in Table L or M of this section, if the department has granted a variance under 18 AAC 31.930.

History

Authority: AS 03.05.011; AS 17.20.010; AS 17.20.040 AS 17.20.005; AS 17.20.020; AS 17.20.180
Eff. 12/28/2006, Register 180

18 AAC 31.990 Definitions

Unless the context indicates otherwise, in this chapter

(1) "acid food" means a food that has a natural pH of 4.6 or below;

(2) "acidified food" has the meaning given in 21 C.F.R. 114.3, adopted by reference in 18 AAC 31.011

(3) "adequate" means that which is necessary to accomplish the intended purpose, in keeping with good public health practices, while complying with this chapter;

(4) "adulterated" has the meaning given in AS 17.20.020 and 17.20.030; in addition, "adulterated" means food that

(A) contains an unapproved food additive or an additive in an amount that exceeds an amount allowed in 21 C.F.R. Parts 170 - 180, adopted by reference in 18 AAC 31.011;

(B) contains a substance sanctioned by the FDA, or a substance generally recognized as safe by the FDA, in an amount that exceeds an amount allowed in 21 C.F.R. 181.22 - 181.34, 21 C.F.R. Part 182, 21 C.F.R. Part 184, or 21 C.F.R. Part 186, adopted by reference in 18 AAC 31.011;

(C) contains a pesticide residue in an amount that exceeds an amount set out in 40 C.F.R. 180.1 and 180.101 - 180.708, adopted by reference in 18 AAC 31.011;

(D) contains a food additive that is unsafe under 21 U.S.C. 348(a), adopted by reference in 18 AAC 31.011, or that is prohibited by the department;

(E) contains a color additive that is unsafe under 21 U.S.C. 379e(a), adopted by reference in 18 AAC 31.011, or that is prohibited by the department;

(F) was accidentally or intentionally subjected to radiation, unless the use of radiation was in compliance with 21 C.F.R. Part 179, adopted by reference in 18 AAC 31.011;

(G) for a food that is exported, is not in compliance with 21 U.S.C. 381(e)(1) and (2), adopted by reference in 18 AAC 31.011; or

(H) does not meet the requirements of this chapter;

(5) "approved" means acceptable to the department or its authorized agent, based upon conformance with applicable local, state, and federal standards and good public health practices;

(6) "approved facility" means a place that is acceptable to the department for a specific activity in support of a temporary food service or limited food service;

(7) "approved source" means a food establishment or facility that is permitted or certified by the federal, state, or local government agency with jurisdiction; for purposes of this paragraph, food from an approved source includes

(A) molluscan shellfish from a facility listed in the FDA Interstate Certified Shellfish Shippers List or a facility with a current permit issued under 18 AAC 34;

(B) raw seafood from a facility with a current permit issued under 18 AAC 34 or from another approved source;

(C) hermetically sealed food from a food processing establishment that is permitted under this chapter or from another approved source; and

(D) meat, poultry, and game meat from a facility under USDA mandatory or voluntary inspection;

(8) "asymptomatic" means without obvious symptoms, and not showing or producing indications of a disease or other medical condition, including an individual infected with a pathogen but

(A) not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice; or

(B) not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested;

(9) "bottled water" has the meaning given to "bottled drinking water" in 21 C.F.R. 129.3, adopted by reference in 18 AAC 31.011;

(10) "bulk food" means processed or unprocessed nonpotentially hazardous food displayed in containers from which consumers withdraw desired amounts;

(11) "caterer" means an individual operating a food establishment that, either as the primary function of the food establishment or as an additional activity of another food establishment, under an agreement or contract,

(A) prepares food in a permitted food establishment;

(B) provides transportation for that food to another premises for consumption; and

(12) "certified food protection manager" means an individual who has passed a food safety certification examination and received a certificate or other documentation from a certification program accredited by the Conference for Food Protection;

(13) "certified laboratory" means a laboratory certified under 18 AAC 80.1100 - 18 AAC 80.1110;

(14) "cold-hold" and "cold-holding" means to maintain the temperature of a potentially hazardous food at 41° F or below while that food is being held whether during transportation, storage, preparation, processing, display, or service;

(15) "commercially processed" means prepared at an approved food processing establishment;

(16) "commissary" means a permitted food establishment where support services are provided to one or more vending machines, mobile food units, limited food services, or temporary food services; a "commissary" may provide support services that include

(A) food preparation, handling, packaging, or storage;

(B) storage of utensils, including single-service items, or supplies;

(D) storage of a mobile food unit when the unit is not in use; and

(E) cleaning of a mobile food unit;

(17) "contaminate" or "contamination" means exposure to or contact with a contaminant; actions that may cause contamination include unsanitary food-contact surfaces, coughing, sneezing, spitting, unnecessary handling, flooding, draining, leakage from overhead, and condensation;

(18) "contaminant" means a substance, organism, or entity that might cause disease or threaten public health; "contaminant" includes dust, insects, rodents, other pests, and poisonous or toxic materials;

(19) "continental breakfast" means a morning meal consisting of ready-to-eat packaged products from an approved source such as pastries, cold cereals, dairy products, juices, coffees and teas, and cut fruit;

(20) "convenience store" means a small market selling predominantly any of the following:

(A) prepackaged ready-to-eat food in individual portions;

(B) beverages, including beverages from service beverage dispensers such as coffee, hot chocolate, or carbonated beverages;

(21) "corrosion resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment;

(22) "critical control point" means a point, step, or procedure in a specific food safety management system where loss of control may result in an unacceptable health risk;

(23) "cross-contamination" means the process by which a contaminant is transferred from raw or other food to a food-contact surface or a ready-to-eat food;

(24) "cure" or "cured" means to preserve by means of salting, smoking, or aging;

(25) "custom processing" means the processing of a customer's sport-caught seafood or game meat for the consumption of that customer, and which will not be subsequently sold or distributed in commerce for human consumption;

(26) "department" means the Department of Environmental Conservation;

(27) "disclosure" means a written statement that clearly identifies the

(A) animal-derived foods that are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens; or

(B) items that contain an ingredient that is raw, undercooked, or not otherwise processed to eliminate pathogens;

(28) "disease communicable by food" means a physical condition that can be transmitted from one individual to another; "disease communicable by food" includes amebiasis, cholera, colds, diarrhea, hepatitis A, hepatitis type unspecified, influenza, salmonellosis, shigellosis, Enterohemorrhagic or Shiga toxin-producing Escherichia coli, staphylococcal skin infections, streptococcal infections, and vomiting;

(29) "distressed food commodities" means food that has been subjected to possible damage from an accident, a fire, a flood, adverse weather, or a similar cause;

(30) "dormitory" means a room with more than two beds;

(31) "durable" means capable of withstanding expected use and remaining easily cleanable;

(32) "dwelling" means a building or portion of a building that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation;

(33) "easily cleanable" means designed, constructed and installed to allow, and made of a material that allows, effective removal of soil by normal cleaning methods, considering the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food, and based on the surface's approved placement, purpose, and use;

(34) "embargo" means an order issued by the department that restricts service, use, or movement of food until laboratory tests or further examination confirms the food is free from spoilage, filth, or other contamination;

(35) "employee" means a person working in a food establishment; "employee" includes an operator, a manager, an owner, a person in charge, under 18 AAC 31.320, a person on the payroll, a family member, a person working under a contractual agreement, a volunteer, and a student;

(36) "equipment" means an article used in the operation of a food establishment; "equipment" includes a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, and warewashing machine; "equipment" does not include utensils or apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as a hand truck, forklift, dolly, pallet, rack, or skid;

(37) "event" means an organized occurrence that is promoted for a special purpose, has a definite time limit, and generally includes activities other than food sales;

(38) "exclude" or "exclusion" means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee;

(39) "extensively remodeled" means a major equipment change or installation or a structural modification or improvement that revises the product flow or that adds a new preparation, service, or processing area to an existing establishment;

(40) "F" means Fahrenheit;

(41) "FDA" means the United States Food and Drug Administration;

(42) "farmers' market" means a seasonal market

(A) operated under the sponsorship of a community organization; and

(B) the main purpose of which is to provide an opportunity for producers to sell agricultural products directly to consumers;

(43) "fixture" means a plumbing receptacle or device that

(A) is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(B) discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises;

(44) "food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or sale, in whole or in part, for human consumption;

(45) "food bank" has the meaning given in AS 17.20.347;

(46) "foodborne illness" means an illness associated with consuming food;

(47) "foodborne outbreak" means an incident in which

(A) two or more individuals experience a similar illness after consuming a common food or food served at a common food establishment or event;

(B) one or more individuals experience illness from botulism or chemical poisoning; or

(48) "food-contact surface" means a surface of equipment or a utensil

(A) with which food normally comes in contact; or

(B) from which food may drain, drip, or splash into a food or onto a surface normally in contact with food;

(49) "food demonstration station" means a site within a market at which samples of food are served without charge to publicize, advertise, or promote the sale of that food or associated food preparation equipment;

(50) "food establishment" means the premises where any activity occurs that is related to the display, packaging, preparation, processing, sale, salvaging, service, storage, transportation, or vending of food for human consumption; "food establishment" includes various types of operations, singly or in combination, within the categories of food service, food processing establishment, and market; "food establishment" does not include a kitchen in a private dwelling, including a vessel used solely as a private dwelling, where food is prepared for consumption by family members or nonpaying guests;

(51) "food processing establishment" includes

(A) a food establishment listed in the third column of Table A of 18 AAC 31.010(e); and

(B) any other food establishment where food intended for human consumption is processed for distribution to a food service, market, or another consumer outlet;

(52) "food safety management system" means a system that is

(A) developed and implemented by operators to ensure that food handling practices known to contribute to foodborne illness are in control; and

(B) comprised of

(i) knowledgeable food employees;

(ii) written standard operating procedures; and

(iii) regularly conducted self-assessments;

(53) "food salvager" means a type of market where distressed food commodities are reconditioned so they comply with this chapter; "food salvager" includes a market that does one or more of the following, if food contents have not been altered or adulterated:

(A) repackaging;

(B) relabeling;

(D) cleaning;

(E) restoring the integrity of the packaging;

(54) "food service" includes

(A) a food establishment listed in the first column of Table A of 18 AAC 31.010(e); and

(B) any other food establishment where food intended for service to individuals for consumption is prepared and provided, or simply provided ready-to-eat, whether consumption is on or off the premises, with or without charge;

(55) "game meat" means the flesh and organs of animals that are not classified as "meat" in 9 C.F.R. 301.2, as adopted by reference in 18 AAC 31.011, or "poultry" in 9 C.F.R. 381.1(b), as adopted by reference in 18 AAC 31.011; "game meat" includes

(A) warm-blooded animals, including seals, whales, caribou, moose, bears, squirrels, musk oxen, and rabbits;

(B) cold-blooded animals, including snakes, lizards, turtles, crocodiles, and alligators;

(D) game birds, including pheasant, grouse, quail, squab, migratory water fowl, emu, rhea, and ostrich;

(56) "glacier" means a large body of ice moving slowly down a slope or valley or spreading outward on a land surface; "glacier" does not include a snow field or a frozen or ice-covered stream, river, lake, spring, or other water body;

(57) "good retail practices" means preventive measures to control hazards; "good retain practices" include

(A) properly labeled food;

(B) prevention of contamination during food preparation, storage and display;

(D) clean physical facilities; and

(E) adequate ventilation and lighting;

(58) "good retail practices violation" means a violation of this chapter other than a risk factor or intervention violation;

(59) "grocery" means a type of market where

(A) a variety of food commodities, including dry, refrigerated, and frozen items, are offered for retail sale to consumers and intended for off-premises consumption; and

(B) a limited amount of processing may occur, including

(i) trimming or cutting of produce;

(ii) providing retail customer self-service of bulk items;

(iii) processed meat slicing and cheese slicing; and

(iv) providing retail customer self-service to change the form of a food, such as juice squeezing or the grinding of nuts or coffee;

(60) "guestroom" means a room used or intended to be used by a guest for sleeping purposes; every 100 square feet of floor area in a dormitory is considered a "guestroom";

(61) "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point Principles and Application Guidelines; the Hazard Analysis and Critical Control Point Principles and Application Guidelines is adopted by reference in 18 AAC 31.011;

(62) "handwash sink" means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for washing of the hands; "handwash sink" includes an automatic handwashing facility;

(63) "hazard" means a biological, chemical, or physical property that might make food unsafe for human consumption or cause an unacceptable public health risk;

(64) "herb vinegar" means commercial vinegar to which a small amount of one or more herbs has been added, with a resultant pH not significantly different from the vinegar to which the herb was added;

(65) "hermetically sealed" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low-acid canned foods, to maintain the commercial sterility of its contents after thermal processing;

(66) "highly susceptible population" means a group of persons who are more likely than other populations to experience foodborne illness because they are

(A) immuno-compromised, preschool aged children, or older adults; and

(B) obtaining food at a facility that provides services such as custodial care, health care, or assisted living;

(67) "hot-hold" or "hot-holding" means to maintain the temperature of potentially hazardous food at 135° F or above while the food is being held, whether during transportation, storage, preparation, processing, display, or service, except that for rare beef, "hot-hold" or "hot-holding" means to maintain the temperature at 130° F or above;

(68) "ice" means the product that results from freezing water by natural, chemical or mechanical means;

(69) "imminent health hazard" means a significant threat or danger to health that is considered to exist when the department determines, or has cause to believe, based on the number of potential injuries and the nature, severity, and duration of the anticipated injury, that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury; "imminent health hazard" includes one or more of the following:

(A) the extended loss of a potable water supply;

(B) an extended power outage;

(D) a natural disaster;

(E) a major insect or rodent problem;

(F) one or more employees sick with a foodborne illness;

(G) a foodborne outbreak;

(70) "injected" means to manipulate a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat, including by processes referred to as needling, pinning, or stitch pumping;

(71) "institution" means a public or private school for children of school age, or a place of confinement, secure or custodial care, health care, or assisted living; "institution" includes correctional and juvenile facilities, nursing homes, and hospitals;

(72) "intervention"

(A) means a control measure to prevent foodborne illness or injury; and

(B) consists of

(i) the demonstration of knowledge;

(ii) employee health controls;

(iii) controlling hands as a vehicle of contamination;

(iv) time and temperature parameters for controlling pathogens; and

(v) the consumer advisory;

(73) "juice" means the aqueous liquid expressed or extracted from one or more fruits or vegetables, a puree of the edible portions of one or more fruits or vegetables, or a concentrate of that liquid or puree;

(74) "kiosk" means a semi-permanent structure that is constructed on a nonpermanent foundation;

(75) "limited food service" means a type of food service operation that is restricted to one or more of the following:

(A) pre-cooked, commercially-processed food that is reheated for immediate service and that does not require preparation other than portioning for consumer service;

(B) pre-cooked, commercially-processed hot dogs that are reheated;

(D) cleaning of utensils, if the only food served is prepared off site in a permitted facility;

(E) commercially-processed food that does not require preparation other than portioning for immediate consumer service;

(76) "linens" means fabric items, including cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments, including cloth gloves;

(77) "liquid heat" means a product, either commercial or noncommercial, used to maintain potentially hazardous food at required hot-holding temperatures during display or service;

(78) "lot" means a collection of primary containers of the same size, type, and style produced under conditions as nearly uniform as possible and usually designated by a common code or marking, or a day's production;

(79) "low-acid food" means food, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity greater than 0.85;

(80) "market" includes

(A) a food establishment listed in the second column of Table A of 18 AAC 31.010(e); and

(B) any other food establishment where food commodities are offered for retail sale to consumers and intended for off-premises consumption, distributed to the needy by nonprofit organizations, or stored before sale or distribution;

(81) "meat" has the meaning set out in 9 C.F.R. 301.2, as adopted by reference in 18 AAC 31.011;

(82) "misbranded" has the meaning given in AS 17.20.040; in addition, "misbranded" means food that is not labeled as specified in 18 AAC 31.060, 18 AAC 31.265, 18 AAC 31.700, 18 AAC 31.740, 18 AAC 31.770, and 18 AAC 31.800 - 18 AAC 31.820;

(83) "ml" means milliliters;

(84) "mobile food unit" means a type of food service that

(A) is located in a vehicle, trailer, or cart, except for one ice chest and one barbecue grill if placed immediately adjacent to the mobile food unit;

(B) is capable of easily moving daily for servicing of water and wastewater holding tanks;

(D) has a menu that is usually restricted to service of specific food;

(E) other than a pushcart, is capable of being registered by the state as a motor vehicle;

(F) is capable of moving without special conditions, such as a pilot car, flagging, or restricted hours of movement; and

(G) completely retains its mobility and is not connected to water or sewer;

(85) "mobile retail vendor" means a type of market operated out of a vehicle or trailer, registered by the state as a motor vehicle, from which packaged retail food items or whole or packaged seafood are sold;

(86) "molluscan shellfish" means an edible species of fresh or frozen oysters, clams, mussels, or scallops, or an edible portion of that species; "molluscan shellfish" does not include a scallop product that consists only of the shucked adductor muscle;

(87) "operation" means the premises, practices, and procedures associated with a specific type of activity within a food establishment;

(88) "operator" means an entity that is legally responsible for the operation or a part of the operation of a food establishment; "operator" includes

(A) an owner, manager, or supervisor of one or more types of operation in a food establishment; and

(B) a person performing a duty of an owner, manager, or supervisor who directs, controls, or supervises a food establishment;

(89) "owner" means a person with a proprietary or possessory interest in a food establishment;

(90) "package" or "packaged" means bottled, canned, cartoned, securely bagged, or tightly wrapped; "packaged" does not include placing food in a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer;

(91) "permit" or "permitted" means an authorization issued by the department;

(92) "pest" means an insect, bird, rodent, or animal that can be detrimental to humans or that can create a nuisance; "pest" includes dogs, cats, and bears;

(93) "plants" means wild, edible, nontoxic berries, roots, or leaves of plants that have cultural significance to people; "plants" includes Eskimo potato, Labrador tea, and low bush cranberry;

(94) "poisonous or toxic material" means a substance not intended for ingestion; "poisonous or toxic material" includes

(A) cleaners and sanitizers, including cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

(B) pesticides, except sanitizers, as described in 18 AAC 90;

(C) substances necessary for the operation and maintenance of the establishment, including personal care items used to maintain or enhance an individual's health, hygiene, or appearance and nonfood-grade lubricants that may be poisonous, toxic, or a source of contamination; and

(D) substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, including petroleum products and paints;

(95) "potable water" means water that is free from disease-producing organisms, poisonous substances, and chemical, biological, and radioactive contaminants that would make the water unfit for human consumption and other uses;

(96) "poultry" has the meaning set out in 9 C.F.R. 381.1(b), as adopted by reference in 18 AAC 31.011;

(97) "ppm" means parts per million; "ppm" is the equivalent to milligrams per liter (mg/l);

(98) "premises" means the physical facility, its contents, and the contiguous land or property under the control of the permit holder, including all or portions of land, docks, structures, vessels, vehicles, mobile food units, food-contact surfaces, food, supplies, water supply, wastewater system, and plumbing; for purposes of this paragraph, "physical facility" means the structure and interior surfaces of a food establishment, including accessories and attachments;

(99) "prepackaged" means packaged by an approved source that is a food salvager or food processor;

(100) "preparation" or "prepared" means to thaw, marinate, cook, heat, reheat, smoke as part of the cooking process, cool, freeze, construct, assemble, combine, cut, slice, divide, mix, portion, or package food for consumption as ready-to-eat food;

(101) "processing" means to

(A) thaw, butcher, cut, slice, portion, grind, extract, cook, bake, cool, freeze, or package

(i) raw food for retail sale to consumers; or

(ii) raw or ready-to-eat food for distribution to a food service, market, or another consumer outlet; and

(B) acidify, cure, dehydrate, smoke, thermally process low-acid food, or reduce oxygen package;

(102) "product thermometer" means a quick-registering, metal-stem, numerically-scaled thermometer, digital thermometer, thermocouple, thermistor, or other device that, when the sensor is inserted into food or other substances, indicates the temperature;

(103) "public open house" means a business or organization that invites the general public to that business or organization as part of an event at which food is served;

(104) "public water system" has the meaning given in 18 AAC 80.1990;

(105) "pushcart" means a wheeled, nonmotorized mobile food unit, manually movable by one or two persons, and containing on or within the cart sufficient food, utensils, paper products, cleaning supplies, potable water supply, and wastewater holding capacity necessary for operating daily;

(106) "qualified laboratory" means a laboratory that uses the procedures in the Standard Methods for the Examination of Water and Wastewater to analyze physical, chemical, or microbial constituents of food; the Standard Methods for the Examination of Water and Wastewater is adopted by reference in 18 AAC 31.011;

(107) "ready-to-eat" means food that is in a form that is edible without additional cooking, processing, or preparation to achieve food safety, and that is reasonably expected to be consumed in that form; "ready-to-eat" includes

(A) an animal food that

(i) has been properly cooked or frozen to destroy parasites; or

(ii) is a raw or partially cooked animal food served to a consumer who is advised as specified in 18 AAC 31.060;

(B) raw fruits and vegetables that are washed;

(D) a plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed;

(E) substances derived from plants such as spices, seasonings, and sugar;

(F) a bakery item such as bread, cake, pie, filling, or icing for which further cooking is not required for food safety;

(G) dry, fermented sausages;

(H) salt-cured meat and poultry products; and

(I) dried meat and poultry products and low acid foods that have been thermally processed and packaged in hermetically sealed containers;

(108) "recognized processing authority" means a qualified person with expert knowledge acquired through appropriate training and experience in the specific process that person is evaluating, including acidification, thermal processing, or atmosphere packaging;

(109) "reconstituted" means dehydrated food combined with potable water or another liquid;

(110) "reduced oxygen packaging"

(A) means, for a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form, the reduction of the amount of oxygen in a package by removing the oxygen, displacing and replacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content in a package to a level below that normally found in the surrounding atmosphere, which is 21 percent at sea level; and

(B) includes controlled atmosphere packaging, cook chill packaging, modified atmosphere packaging, vacuum packaging, and sous vide packaging; for purposes of this subparagraph "sous vide packaging" means a specialized process of reduced oxygen packaging, in which raw or partially-cooked food is placed in a hermetically-sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at a temperature that inhibits the growth of psychotrophic pathogens;

(111) "refrigeration" means a mechanical means to maintain product temperatures at 41° F or below;

(112) "reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens;

(113) "restricted food service transient occupancy establishment" means a business establishment with 12 guestrooms or less that

(A) provides, for compensation, overnight transient occupancy accommodations for no more than 24 individuals; and

(B) serves to the guests only a continental breakfast or a breakfast that is cooked and immediately served, the cost of which is included in the charge for the accommodations;

(114) "retail bakery" means a type of market where baked food items, such as breads, cookies, rolls, muffins, pies, and cakes, are processed for onsite retail sale to consumers;

(115) "retail meat market" means a type of market where limited processing of meat for onsite retail sale to consumers occurs, including

(A) cutting and trimming carcasses, halves, quarters, or wholesale cuts into retail cuts, such as steaks, chops, and roasts;

(B) grinding;

(D) freezing;

(E) portioning; and

(F) packaging;

(116) "retail seafood market" means a type of market where raw or ready-to-eat seafood products are displayed for onsite retail sale to consumers; "retail seafood market" includes limited processing, including

(A) cutting whole fish into retail cuts;

(B) preparing retail products from raw or precooked ingredients; and

(C) breaking bulk shipments and repackaging seafood products, except for repackaging molluscan shellfish subject to 18 AAC 34;

(117) "risk factor" means an improper practice or procedure identified as a prevalent contributing factor of foodborne illness or injury; "risk factor" includes unsafe sources, inadequate cooking, improper holding, contaminated food-contact surfaces, and poor personal hygiene;

(118) "risk factor or intervention violation" means

(A) the food establishment is not adequately supervised, as specified in 18 AAC 31.320 or 18 AAC 31.325, or food workers do not have food worker cards, as specified in 18 AAC 31.330;

(B) the food establishment does not have or follow an employee health policy, as specified in 18 AAC 31.300;

(C) an individual working in the food establishment is not practicing strict standards of cleanliness or personal hygiene, as specified in 18 AAC 31.310 or 18 AAC 31.315;

(D) handwash facilities are not installed, located, maintained, supplied, or accessible, as specified in 18 AAC 31.416 or 18 AAC 31.525;

(E) an individual working in a food establishment is not handling ready-to-eat food using suitable utensils to prevent bare hand contact, as specified in 18 AAC 31.220;

(F) food used in the food establishment is not from an approved source, as specified in 18 AAC 31.200 or 18 AAC 31.250;

(G) food used in the food establishment is unwholesome, adulterated, or not safe for human consumption;

(H) potentially hazardous food received, stored, prepared, processed, displayed, served, or transported in a food establishment is not cooked, cooled, reheated for hot-holding, or held at proper temperatures and times, as specified in 18 AAC 31.230 - 18 AAC 31.236;

(I) food is not separated and protected from contamination, as specified in 18 AAC 31.222 - 18 AAC 31.226;

(J) food-contact surfaces are not washed, rinsed, or sanitized, as specified in 18 AAC 31.420 - 18 AAC 31.424;

(K) food is not properly discarded or reconditioned, as specified in 18 AAC 31.228;

(L) labeling, placarding, or consumer advisories are not provided, as specified in 18 AAC 31.060;

(M) food or food preparation is not modified for a highly susceptible population, as specified in 18 AAC 31.215;

(N) poisonous or toxic materials are not labeled, stored, or used, as specified in 18 AAC 31.570; or

(O) a HACCP plan is not provided or followed, as specified in 18 AAC 31.260, or the food establishment is not complying with the terms of a variance granted under 18 AAC 31.930 or another procedure for a specialized process;

(119) "spp." means species;

(120) "safe" means, with respect to an article, manufactured from or composed of materials that are not reasonably expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of food, including the food's flavor, color, and microbial quality;

(121) "sanitization" or "sanitized" means the application of cumulative heat or a chemical on a cleaned food-contact surface that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999 percent reduction, of representative disease microorganisms of public health importance;

(122) "scheduled process" means the process selected by the operator of a food processing establishment as adequate under the conditions of manufacture for a given product to achieve commercial sterility, and which is at least equal to the process established by a recognized processing authority to achieve commercial sterility;

(123) "seafood"

(A) includes

(i) salt-water fish, freshwater fish, amphibians, crustaceans, mollusks, and any other species of aquatic animal intended for human consumption; and

(ii) any part or byproduct of any species of aquatic animal intended for human consumption;

(B) does not include aquatic plants, birds, or mammals;

(124) "sealed" means free of cracks or other openings that allow entry or passage of moisture, grease, or other liquid;

(125) "service animal" means an animal, including a guide dog, signal dog, or other animal, individually trained to provide assistance to an individual with a disability;

(126) "Shiga toxin-producing Escherichia coli" means E. coli capable of producing Shiga toxins, also called verocytotoxins or "Shiga-like" toxins; "Shiga toxin-producing Escherichia coli" includes serotype O157 and non-O157 E. coli;

(127) "shucked molluscan shellfish" means molluscan shellfish that have one or both shells removed;

(128) "single-service" means items that are provided to the consumer and designed to be used by one person and then discarded; "single-service" includes disposable cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, placemats, and toothpicks;

(129) "single-use" means utensils and food containers that are used by employees in a food establishment and that are designed and constructed to be used once and then discarded; "single-use" includes wax paper, aluminum foil, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, milk bottles, juice containers, and other containers that do not meet materials, durability, strength, and cleanability specifications for multi-use utensils under this chapter;

(130) "snack" means food served between meals consisting of

(A) prepackaged non-potentially hazardous food that requires minimal handling;

(B) cheese or milk, if it is pasteurized and requires only cutting, slicing, or portioning; or

(131) "soil" or "soiled" means dust, dirt, food particles, grease, or other debris;

(132) "standard operating procedure" means a written document that specifies practices to address measure to prevent food from becoming contaminated due to various aspects of food environment at an establishment;

(133) "sulfiting agent" means a chemical that contains sulfur and that is used to treat food to increase shelf life and enhance appearance; "sulfiting agent" includes sulfur dioxide, sodium sulfite, sodium bisulfite, potassium bisulfite, sodium metabisulfite, and potassium metabisulfite;

(134) "supermarket" means a food establishment that contains a grocery and that also contains two or more other types of operations that are subject to the permit and fee requirements of this chapter;

(135) "sushi" means an assembled food product, usually containing rice wrapped in seaweed, that may or may not contain raw seafood;

(136) "tableware" means multi-use eating and drinking utensils;

(137) "temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water; "temperature measuring device" includes a product thermometer;

(138) "temporary food service" means a type of food service that is kept at one location for no more than 21 consecutive days in conjunction with a single event, or operates at the same location no more than two days in any one week for a time period of not more than 120 days;

(139) "thermal process" or "thermal processing" means the application of heat to render food free of microorganisms that are capable of reproducing in the food under normal nonrefrigerated conditions of storage or distribution;

(140) "traditional wild game meat" means game meat that is from wild animals commonly found in and consumed by people in this state; "traditional wild game meat" includes reindeer, caribou, moose, whale, beaver, goat, muskrat, hare, sheep, squirrel, duck, and geese;

(141) "USDA" means the United States Department of Agriculture;

(142) "unpasteurized juice" means juice that has not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, either through heat pasteurization or in another manner allowed under 21 C.F.R. 101.17(g)(7), adopted by reference in 18 AAC 31.011; "unpasteurized juice" includes a beverage containing juice if the juice ingredient or the beverage has not been processed as specified in this paragraph;

(143) "utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food; "utensil" includes tableware that is multi-use, single-service, or single-use, gloves used in contact with food, spatulas, tissues, tongs, and temperature sensing probes of food temperature measuring devices;

(144) "variance" means a written document issued under 18 AAC 31.930;

(145) "vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses a unit serving of food, whether in a package or into a container, without the necessity of replenishing the device between each vending operation; "vending machine" does not include a semi-automated espresso machine described in 18 AAC 31.630(c);

(146) "warehousing" means the storing of food commodities before distribution, in a food establishment used primarily for that purpose;

(147) "warewashing" means the washing, rinsing, and sanitizing of food-contact surfaces;

(148) "water activity" means a measure of free moisture in a food and is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature;

(149) "wholesale" means a food establishment that manufactures, packages, stores, repackages, or transports food to another entity for resale or redistribution;

(150) "wholesome" means in sound condition and free from spoilage, filth, and contamination;

(151) "microgreens" means edible stems and greens of very young plants;

(152) "food hub" means a market that works with food producers and other markets, provides a platform for advertising and selling their food products, and has a location where purchased food can be aggregated and made available to the purchaser;

(153) "major food allergen" has the meaning given in 21 U.S.C. 321(qq), adopted by reference in 18 AAC 31.011;

(154) "marijuana concentrate" has the meaning given in 3 AAC 306.990(b);

(155) "marijuana product" has the meaning given in AS 17.38.900;

(156) "potentially hazardous food" has the meaning given in 18 AAC 31.975;

(157) "product water" has the meaning given in 21 C.F.R. 129.3, adopted by reference in 18 AAC 31.011;

(158) "retail marijuana store" has the meaning given in AS 17.38.900.

History

Authority: AS 03.05.011; AS 17.20.180; AS 17.20.340 AS 17.20.005; AS 17.20.230; AS 17.20.346 AS 17.20.010; AS 17.20.270; AS 18.35.120 AS 17.20.020; AS 17.20.290; AS 18.35.220 AS 17.20.040; AS 17.20.300; AS 44.46.020
Eff. 5/18/97, Register 142; am 5/23/98, Register 146; am/readopt 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/24/2012, Register 202; am 6/25/2020, Register 234

Chapter 32 Milk and Milk Products

Authority: AS 03.05.011; AS 17.20.050; AS 17.20.250 AS 03.05.030; AS 17.20.070; AS 17.20.260 AS 03.05.040; AS 17.20.072; AS 17.20.270 AS 03.05.050; AS 17.20.180; AS 17.20.280 AS 03.05.090; AS 17.20.190; AS 17.20.300 AS 17.20.005; AS 17.20.230; AS 44.46.020 AS 17.20.040; AS 17.20.240
Eff. 3/26/20223, Register 245) (Eff. 3/26/2023, Register 245

Authority: AS 17.20.005; AS 44.46.025
Eff. 12/3/2010, Register 196

Eff. 5/23/98, Register 146; am 7/11/2002, Register 163; repealed 9/6/2003, Register 167

Eff. 12/3/2010, Register 196; repealed 6/6/2021, Register 238

Authority: AS 03.05.011; AS 17.20.040; AS 17.20.230 AS 03.05.040; AS 17.20.070; AS 17.20.250 AS 03.05.050; AS 17.20.072; AS 17.20.270 AS 17.20.010; AS 17.20.075; AS 17.20.290 AS 17.20.020; AS 17.20.190; AS 44.46.020 AS 17.20.030; AS 17.20.200
Eff. 5/23/98, Register 146; am 1/14/2001, Register 157; am 9/6/2003, Register 167; am 12/3/2010, Register 196

Chapter 34 Seafood Processing and Inspection

Article 1 Seafood Processing

18 AAC 34.005 Purpose and applicability

(a) The purpose of this chapter is to provide for consumer protection and to protect public health by ensuring the processing, sale, and distribution of safe, wholesome, and properly labeled seafood products.

(b) The requirements of this chapter apply to

(1) persons who process seafood products to be sold as part of commerce and intended for human consumption;

(2) persons who store, clean, package, or distribute whole seafood products to be sold as part of commerce and intended for human consumption;

(3) persons who harvest, handle, prepare, shuck, pack, repack, or transport fresh or frozen shellfish for sale as part of commerce and intended for human consumption;

(4) custom processors who smoke or thermally process seafood intended for human consumption;

(5) persons who donate thermally-processed or smoked seafood products to an institution or nonprofit program; and

(6) persons who manufacture ice primarily for use with seafood products.

(1) for donation to a food service at an institution or nonprofit program under 18 AAC 31.205; or

(2) to be used only in a food service or market that is permitted by the department under 18 AAC 31, the food service or market has a written exemption under 18 AAC 31.200(b)(3), the amount of seafood product does not exceed 500 pounds per week, and the processing of the seafood by the person is limited to butchering, freezing, or cooking only.

(d) A person who is developing a seafood product is not subject to this chapter if that product is not donated or sold.

(e) A fishing derby association described in 18 AAC 34.015 that limits its activities to heading and gutting the derby fish is subject only to the requirements of 18 AAC 34.015, but is exempt from the other requirements of this chapter.

(f) A person who harvests shellfish for bait to be sold as part of commerce is subject to the requirements of 18 AAC 34.215, but is exempt from the other requirements of this chapter.

(g) The activity described in this subsection involving a seafood product does not constitute processing of, and the provisions of this chapter relating to processing do not apply to, seafood product harvested by a fishing vessel if

(1) the seafood product will be processed in a facility with a permit issued under this chapter;

(2) the seafood product is sold from the fishing vessel docked at a harbor;

(3) the activity

(A) is necessary to maintain product quality or to prevent product loss from decomposition; and

(B) occurs on board the fishing vessel while on the fishing grounds but no closer to shore than one-half mile; and

(4) the activity is one of the following:

(A) decapitating shrimp;

(B) gutting or gilling seafood products;

(h) An operator of a fishing vessel or a tender vessel who is not processing or storing seafood on board the vessel is exempt from the requirements of this chapter, except for 18 AAC 34.600 - 18 AAC 34.625.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.010 Requirements adopted by reference

The following requirements are adopted by reference:

(1) 21 U.S.C. 348(a), as revised as of August 14, 2018;

(2) 21 U.S.C. 379e(a), as revised as of August 13, 1993;

(3) 21 C.F.R. 101.1 - 101.108 (Food Labeling), as revised as of April 1, 2018, except 21 C.F.R. 101.69 and 21 C.F.R. 101.108 are not adopted by reference;

(4) 21 C.F.R. 102.5 - 102.57 (Common or Usual Name for Nonstandardized Foods), as revised as of April 1, 2018, except 21 C.F.R. 102.19 is not adopted by reference;

(5) 21 C.F.R. 108.35 (Thermal Processing of Low-Acid Foods Packaged in Hermetically Sealed Containers), as revised as of April 1, 2018;

(6) repealed 8/21/2019;

(7) 21 C.F.R. 113.3 - 113.100 (Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers), as revised as of April 1, 2018; these provisions are adopted by reference as amended from time to time;

(8) 21 C.F.R. 114.3 - 114.100 (Acidified Foods), as revised as of April 1, 2018; these provisions are adopted by reference as amended from time to time;

(9) 21 C.F.R. 123.3 - 123.28 (Fish and Fishery Products), as revised as of April 1, 2018; these provisions are adopted by reference as amended from time to time;

(10) 21 C.F.R 172.5 - 172.898 (Food Additives Permitted for Direct Addition to Food for Human Consumption), as revised as of April 1, 2018;

(11) repealed 8/21/2019;

(12) repealed 8/21/2019;

(13) repealed 8/21/2019;

(14) 21 C.F.R. 179.21 - 179.45 (Irradiation in the Production, Processing, and Handling of Food), as revised as of April 1, 2018;

(15) repealed 8/21/2019;

(16) repealed 8/21/2019;

(17) repealed 8/21/2019;

(18) repealed 8/21/2019;

(19) National Shellfish Sanitation Program: Guide for the Control of Molluscan Shellfish, 2005 Revision, United States Department of Health and Human Services, Public Health Service, Food and Drug Administration; this document is adopted by reference as amended from time to time;

(20) American National Standard Sampling Procedures and Tables for Inspection by Attributes, ANSI/ASQ Z1.4-2003, as revised as of 2003;

(21) 29 C.F.R. 1910.141(c)(1)(i) and Table J-1, as revised as of July 1, 2018;

(22) 21 U.S.C. 343(w) (Misbranded Food, Major Food Allergen Labeling Requirements), as revised as of March 23, 2010;

(23) 21 U.S.C. 381(e)(1) and (2), as revised as of October 24, 2018;

(24) 21 C.F.R. 73.1 - 73.615 (Listing of Color Additives Exempt from Certification; Foods), as revised as of April 1, 2018;

(25) 21 C.F.R. 74.101 - 74.706 (Listing of Color Additives Subject to Certification; Foods), as revised as of April 1, 2018;

(26) 21 C.F.R. 108.25 (Acidified Foods), as revised as of April 1, 2018;

(27) 21 C.F.R. 117.3 - 117.110 (Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food; General Provisions, Current Good Manufacturing Practice), as revised as of April 1, 2018, except the definition of "facility" is not adopted by reference; these provisions are adopted by reference as amended from time to time;

(28) 21 C.F.R. 117.301 - 117.330 (Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food: Requirements Applying to Records That Must Be Established and Maintained), as revised as of April 1, 2018; these provisions are adopted by reference as amended from time to time;

(29) 21 C.F.R. 161.30 - 161.190 (Fish and Shellfish), as revised as of April 1, 2018;

(30) 21 C.F.R. 170.3 - 170.285 (Food Additives), as revised as of April 1, 2018, except 21 C.F.R. 170.6, 21 C.F.R. 170.15, and 21 C.F.R. 170.17 are not adopted by reference;

(31) 21 C.F.R. 173.5 - 173.405 (Secondary Direct Food Additives Permitted in Food for Human Consumption), as revised as of April 1, 2018;

(32) 21 C.F.R. 175.105 - 175.390 (Indirect Food Additives: Adhesives and Components of Coatings), as revised as of April 1, 2018;

(33) 21 C.F.R. 176.110 - 176.350 (Indirect Food Additives: Paper and Paperboard Components), as revised as of April 1, 2018;

(34) 21 C.F.R. 177.1010 - 177.2910 (Indirect Food Additives: Polymers), as revised as of April 1, 2018;

(35) 21 C.F.R. 178.1005 - 178.3950 (Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers), as revised as of April 1, 2018;

(36) 21 C.F.R. 180.1 - 180.37 (Food Additives Permitted in Food or in Contact with Food on an Interim Basis Pending Additional Study), as revised as of April 1, 2018;

(37) 21 C.F.R. 181.22 - 181.34 (Prior-Sanctioned Food Ingredients; Specific Prior-Sanctioned Food Ingredients), as revised as of April 1, 2018;

(38) 21 C.F.R. 182.1 - 182.8997 (Substances Generally Recognized as Safe), as revised as of April 1, 2018;

(39) 21 C.F.R. 184.1 - 184.1985 (Direct Food Substances Affirmed as Generally Recognized as Safe), as revised as of April 1, 2018;

(40) 21 C.F.R. 186.1 - 186.1839(Indirect Food Substances Affirmed as Generally Recognized as Safe), as revised as of April 1, 2018;

(41) 21 C.F.R. 189.1 - 189.300 (Substances Prohibited from Use in Human Food), as revised as of April 1, 2018.

History

Authority: AS 17.20.005; AS 17.20.045; AS 17.20.180 AS 17.20.020; AS 17.20.065; AS 44.46.020 AS 17.20.044; AS 17.20.072
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 6/28/2001, Register 158; am 8/6/2006, Register 179; am 11/24/2007, Register 184; am 8/21/2019, Register 231

18 AAC 34.015 Derby fish

(a) A fishing derby association permitted by the Department of Fish & Game under AS 16.05.662 to sell derby-caught fish to a processor shall ensure that

(1) the fish is visually checked for contamination from bilge water, diesel fuel, and bird droppings as it comes off the fishing boats; contaminated fish may not be sold;

(2) storage containers used to hold the fish are made of plastic or another impermeable material that is easily cleanable;

(3) storage containers are cleaned between uses;

(4) the fish is protected from direct sunlight or other sources of heat;

(5) the fish is iced or chilled to maintain quality;

(6) the fish is cleaned in an area that is covered to protect the seafood from weather and bird droppings;

(7) fish is not cleaned on recreational fishing boats;

(8) each table used to clean the fish has an easily cleanable surface and is regularly cleaned;

(9) the area where the fish is to be cleaned has potable water in amounts sufficient to clean containers, fish, and tables; and

(10) disposal of fish waste does not violate AS 46.03.810 or any other provision of law.

(b) In this section, "fishing derby association" has the meaning given in AS 16.05.662.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

18 AAC 34.025 Confidentiality of trade secrets

(a) The department will, in its discretion, require a person subject to this chapter to disclose a trade secret to the department to assist the department in evaluating a permit application or in determining compliance with this chapter. If the person disclosing the required information certifies in writing that public disclosure of the information, including information contained in a photograph taken by a department employee, would reveal a trade secret as defined in AS 45.50.940, the department will keep the information confidential while it determines if the public interest that would be served by disclosure is outweighed by the person's privacy interest. The department will continue to keep the information confidential if it finds the information is entitled to protection. If the department finds that the information is not entitled to protection, the department will notify the person disclosing the information in writing that the information will be subject to disclosure after 10 days. Unless ordered by a court to disclose the information, the department will keep the information confidential through the 10-day period, any administrative appeal of the department's finding initiated during the 10-day period, and any judicial appeal of the final agency decision.

(b) The department will, in its discretion, disclose information that is confidential under this section under a continuing restriction of confidentiality to other departments of the state or United States or to a court

(1) to protect against an imminent threat to public health or safety;

(2) in a proceeding to deny, modify, suspend, or revoke a permit required under this chapter; or

(3) in pursuit of an enforcement activity.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

18 AAC 34.030 Prohibited activities

In addition to the prohibitions set out in AS 17.20.290, a person may not process, sell, or transport

(1) seafood that has an odor associated with microbiological or enzymatic decomposition or that otherwise shows signs of decay such as fungus on the fish, excluding the fins and tail;

(2) thermally processed seafood products containing hatchery brood stock that was held to be used, or was used, for roe or milt, unless using a process approved in writing by the department that renders the seafood fit for human consumption;

(3) seafood that has been previously frozen unless it is labeled as required by AS 17.20.044 and 18 AAC 34.110;

(4) adulterated seafood products described in 18 AAC 34.115;

(5) misbranded seafood products described in 18 AAC 34.120; or

(6) previously processed seafood from a person who did not have the current annual permit required under this chapter for that activity at the time the seafood was processed.

History

Authority: AS 17.20.005; AS 17.20.065; AS 17.20.290 AS 17.20.020; AS 17.20.072; AS 44.46.020 AS 17.20.040; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179

18 AAC 34.035 Permit requirements

(a) A person may not conduct an activity described in 18 AAC 34.005(b) unless the person has been issued a permit or provisional permit in accordance with this section.

(b) Except as described in (c) of this section, to apply for a permit, a person shall submit to the department a complete application that demonstrates compliance with this chapter and includes

(1) an application form provided by the department;

(2) each applicable fee required by 18 AAC 34.900;

(3) a site plan that accurately depicts the location of all processing and storage buildings, roads, alleys, docks, and other areas that are part of the facility and that will be used to support the processing, storage, or transportation of seafood products;

(4) a facility floor plan that accurately depicts the location or placement of

(A) processing equipment; and

(B) storage areas for seafood, food ingredients, and food packaging materials;

(5) a plumbing schematic that shows

(A) piping used for potable water, nonpotable water, and wastewater;

(B) each plumbing fixture, including each floor drain and floor sink, located in a processing area; and

(6) a written description of the surface finish of walls, floors, and ceilings in processing, packaging, and storage areas;

(7) a written description of how garbage and refuse will be stored, handled, and disposed of;

(8) documentation showing that required approvals have been granted or permit applications have been submitted to the department for

(A) the facility's drinking water supply as required by 18 AAC 80;

(B) the facility's wastewater disposal system as required by 18 AAC 72; and

(9) a list of ingredients to be used for seafood products that have two or more ingredients;

(10) a written hazard analysis or hazard analysis critical control point (HACCP) plan, that meets the requirements of 18 AAC 34.045;

(11) a recall plan that meets the requirements of 18 AAC 34.047;

(12) sanitation standard operating procedures that meet the requirements of 18 AAC 34.050;

(13) for any thermally processed product, a copy of

(A) the food canning establishment registration (FDA form 2541) and the food canning establishment process filing form (FDA form 2541a) submitted to the United States Food and Drug Administration (FDA); and

(B) the scheduled process as set out in 21 C.F.R. 113.83 (Establishing Scheduled Processes), adopted by reference in 18 AAC 34.010;

(14) for a person who wishes to conduct an activity described in 18 AAC 34.005(b) within a permitted processor's facility, a written statement of consent from the permitted processor authorizing the person to utilize the facility and the agreed upon times or locations that each person will conduct processing activities;

(15) an example label of the seafood products to be produced that meets the requirements of 18 AAC 34.110 and 21 C.F.R. 101.1 - 101.108, adopted by reference in 18 AAC 34.010; and

(16) any other information the department determines is necessary to find the application complete.

(c) To renew a permit, a permittee shall submit to the department a complete renewal application that demonstrates compliance with this chapter and includes

(1) the current year's application form;

(2) each applicable fee required by 18 AAC 34.900; and

(3) any plans and documents listed in (b)(3) - (16) of this section that have changed since the prior year, are not minor, and affect seafood processing.

(d) After receiving a complete application or complete renewal application, the department will review the application and will, to the extent possible, within 60 days

(1) issue a permit;

(2) issue a provisional permit that will state in writing the reasons for and the terms of the provisional approval; or

(3) deny a permit.

(e) A permit or provisional permit issued under this section

(1) will be assigned a permit number by the department;

(2) must be maintained at the facility;

(3) is not transferable; and

(4) expires on December 31 of the year in which the permit is issued, or in accordance with the terms of the provisional permit.

(f) A permittee who extensively remodels an existing seafood processing facility or adds a new type of operation or process to an existing seafood processing facility must submit to the department for the department's approval any documentation described in (b)(3) - (16) of this section related to the activity, including updated plans or procedures; a permittee must allow the department at least 60 days to review and approve the documentation.

(g) A person seeking a permit or approval under this section may request informal review of the department's decision under 18 AAC 15.185.

(h) If the department denies a permit or issues a provisional permit, it will notify the applicant in writing of the reasons for denial or provisional permit. Not later than 30 days after issuance of the notice of denial or provisional permit, the applicant may request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act) by submitting a request to the commissioner. Upon receipt of a timely request for an adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/5/2017, Register 224; am 8/21/2019, Register 231

18 AAC 34.045 Hazard analysis critical control point (HACCP) Plan

(a) A processor subject to this chapter shall conduct a hazard analysis as required by 21 C.F.R. 123.6, adopted by reference in 18 AAC 34.010. The hazard analysis must be in writing.

(b) Except as described in (c) of this section, a processor subject to this chapter shall have and comply with a hazard analysis critical control point (HACCP) plan and otherwise meet the requirements of 21 C.F.R. 123.3 - 21 C.F.R. 123.28, adopted by reference in 18 AAC 34.010.

(c) If a processor does not have a HACCP plan because the processor determines that hazards are not reasonably likely to occur, the hazard analysis required by (a) of this section must be provided to the department for review upon request.

(d) Repealed 8/21/2019.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 8/21/2019, Register 231

18 AAC 34.047 Recall plan

(a) A processor shall develop, maintain, and make available for department review written procedures sufficient to notify consumers of a product recall and remove affected product from commerce. These written procedures must describe the steps to be taken, and assign responsibilities for taking those steps, to perform the following actions as appropriate to the facility:

(1) notify each direct consignee of the recalled seafood, including how to return or dispose of the affected seafood;

(2) notify the public about the hazard presented by the recalled seafood;

(3) appropriately dispose of the recalled seafood by reprocessing, reworking, diverting to a use that does not present a safety concern, or destroying the seafood; and

(b) A processor shall notify the department immediately if the processor knows or has reason to believe that a product released into commerce might be adulterated or misbranded.

(c) A processor shall implement the recall procedures developed in (a) of this section either at the direction of the department or of the processor's own accord if the processor knows or has reason to believe that a product released into commerce might be adulterated or misbranded.

(d) A processor shall maintain records relating to implementation of recall procedures, including notifications to the department, consignees, and the public, and records of the product disposition.

History

Authority: AS 17.20.005; AS 17.20.230; AS 17.20.270 AS 17.20.072; AS 17.20.250; AS 44.46.020 AS 17.20.080; AS 17.20.260
Eff. 8/21/2019, Register 231

18 AAC 34.050 Sanitation standard operating procedures

(a) A processor subject to this chapter shall have and implement written sanitation standard operating procedures that meet the requirements of this chapter and 21 C.F.R. 123.3 - 21 C.F.R. 123.28, adopted by reference in 18 AAC 34.010. The sanitation standard operating procedures must also describe how the processor will meet any monitoring requirements in this chapter.

(b) Repealed 8/21/2019.

(d) Repealed 8/21/2019.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.055 Facility plan approval

Repealed.

History

Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.060 Facility requirements

Repealed.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179; repealed 8/21/2019, Register 231

18 AAC 34.065 Chemicals and compounds

Repealed.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179; repealed 8/21/2019, Register 231

18 AAC 34.070 Sanitizing

Repealed.

History

Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; repealed 8/21/2019, Register 231

18 AAC 34.075 Plumbing

Repealed.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.080 Water supply and ice

Repealed.

History

Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/24/2007, Register 184; am 5/3/2019, Register 230; repealed 8/21/2019, Register 231

18 AAC 34.085 Toilet and handwash sink requirements

Repealed.

History

Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; repealed 8/21/2019, Register 231

18 AAC 34.090 Equipment and utensils

Repealed

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.095 Waste disposal

Repealed.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.100 Personnel

Repealed.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.105 Handling

Repealed.

History

Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.110 Labeling requirements

(a) Except as specified at 18 AAC 34.112, a seafood processor shall ensure that seafood products are not misbranded, and that each product label conforms to this section and the following requirements, adopted by reference in 18 AAC 34.010:

(1) 21 U.S.C. 343(w);

(2) 21 C.F.R. 101.1 - 101.108;

(3) 21 C.F.R. 102.5 - 102.57; and

(4) 21 C.F.R. 161.30 - 161.190.

(b) Each master container and retail package of a seafood product must be labeled in letters at least one-eighth inch high and comparable in size and style to other label lettering as follows:

(1) at the time of packaging, the date of packaging using a mark that is not removable, erasable, or able to be washed away;

(2) before distribution, the permit number assigned to the processor under 18 AAC 34.035(e); if more than one processor is involved in manufacturing of a seafood product, the permit number must be that of the processor who last handled the product before sealing; or if participating in the Salmon Control Plan, the Seafood Products Association number;

(3) except when the department has approved other language, if a seafood product is not shelf-stable, the holding statement "KEEP REFRIGERATED" or "KEEP FROZEN"; if the product is a smoked seafood product that is also packaged in a reduced oxygen package or a modified atmosphere package, each container must include the holding statement

(A) "KEEP REFRIGERATED BELOW 38° F" or "KEEP FROZEN", if the product

(i) (contains at least 3 .5 percent water phase salt;

(ii) contains, if allowed by 21 C.F.R. 172.175, adopted by reference in 18 AAC 34.010, both at least 3.0 percent water phase salt and not less than 100 ppm nitrite;

(iii) has other barriers to control Clostridium botulinum growth and toxin production; or

(iv) is equipped with a time temperature indicator; or

(B) "KEEP FROZEN, THAW UNDER REFRIGERATION IMMEDIATELY BEFORE USE" if the product does not meet the requirements of (A) of this paragraph;

(4) the words "PREVIOUSLY FROZEN" if a container holds a seafood product that

(A) has been previously frozen and thawed; and

(B) will be sold without further processing;

(5) the words "NOT FOR SALE" if that container holds a seafood product that

(A) is described in 18 AAC 34.830(g) and is being held or processed at a facility subject to this chapter; or

(B) was not processed in compliance with this chapter; and

(6) if a seafood product processed or sold in this state contains an ingredient that is

(A) farmed halibut, salmon, or sablefish product, the words "MADE WITH FARMED {HALIBUT, SALMON, OR SABLEFISH} FROM {STATE OR COUNTRY}"; or

(B) genetically modified fish or fish product, the words "MADE WITH GENETICALLY MODIFIED {MARKET NAME OF FISH OR FISH PRODUCT}".

History

Authority: AS 17.20.005; AS 17.20.045; AS 17.20.290 AS 17.20.010; AS 17.20.065; AS 44.46.020 AS 17.20.040; AS 17.20.072 AS 17.20.044; AS 17.20.180
Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/24/2007, Register 184; am 8/21/2019, Register 231

18 AAC 34.112 Labeling requirements for seafood products for export only

(a) The department will not treat a seafood product intended for export as an adulterated or misbranded seafood product if

(1) the seafood product

(A) was processed using a food additive in violation of 18 AAC 34.115(2) or a color additive in violation of 18 AAC 34.115(3); or

(B) violates a standard set out in 18 AAC 34.122 that is appropriate to the processed seafood product; and

(2) the processor of the seafood product

(A) labels the container that holds the seafood product as required by (b) of this section; and

(B) has on file at the facility at which the seafood was processed a letter from the foreign purchaser of the seafood product, stating that the product meets the specifications of the seafood product set by the government of the country into which the product will be sold and exported.

(b) A seafood product labeled "FOR EXPORT ONLY" may not be sold or offered for sale in domestic commerce and must be labeled on the outside of the container in English, except as provided in 21 C.F.R. 101.15, adopted by referencec in 18 AAC 34.010, with

(1) the processing facility's name and address, or its permit number;

(2) the identity and name of the seafood product as described in 18 AAC 34.110(a);

(3) the temperature holding statement described in 18 AAC 34.110(b)(3) if applicable; and

(4) the words "FOR EXPORT ONLY" in boldfaced letters at least one-quarter inch high.

History

Authority: AS 17.20.005; AS 17.20.045; AS 17.20.230 AS 17.20.010; AS 17.20.065; AS 17.20.290 AS 17.20.040; AS 17.20.072; AS 44.46.020 AS 17.20.044; AS 17.20.180
Eff. 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.115 Adulterated seafood products

The term "adulterated seafood product" has the meaning given "adulterated food" in AS 17.20.020 and 17.20.030. In addition, a seafood product is adulterated if

(1) it is contaminated with oil or another hazardous substance;

(2) it contains a food additive that is unsafe under 21 U.S.C. 348(a), adopted by reference in 18 AAC 34.010, or that is prohibited by the department;

(3) it contains a color additive that is unsafe under 21 U.S.C. 379e(a), adopted by reference in 18 AAC 34.010, or that is prohibited by the department;

(4) it was accidentally or intentionally subjected to radiation, unless the use of radiation was in conformity with 21 C.F.R. 179.21 - 179.45, adopted by reference in 18 AAC 34.010;

(5) for a food that is exported, it is not in compliance with 21 U.S.C. 381(e)(1) and (2), adopted by reference in 18 AAC 34.010; or

(6) it does not meet the requirements of this chapter.

History

Authority: AS 17.20.005; AS 17.20.065; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180 AS 17.20.030; AS 17.20.230
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/21/2019, Register 231

18 AAC 34.120 Misbranded seafood products

The term "misbranded seafood product" has the meaning given "misbranded food" in AS 17.20.040 and 17.20.045. In addition, a seafood product is misbranded if it is not labeled as required by 18 AAC 34.110 or 18 AAC 34.112.

History

Authority: AS 17.20.005; AS 17.20.048; AS 17.20.180 AS 17.20.010; AS 17.20.049; AS 17.20.230 AS 17.20.040; AS 17.20.065; AS 17.20.290 AS 17.20.044; AS 17.20.066; AS 44.46.020 AS 17.20.045; AS 17.20.072
Eff. 12/18/97, Register 144; am 12/2/99, Register 152

18 AAC 34.122 Seafood product standards

(a) Seafood products that are processed for or placed into domestic commerce for human consumption may not be adulterated as described in 18 AAC 34.115 and must meet the following standards:

(1) for fresh or frozen seafood products other than shellfish for

(A) organoleptic: no contamination or decomposition detected; and

(B) histamine in scombroid fish: less than or equal to 50 ppm;

(2) for refrigerated or frozen ready-to-eat seafood product for

(A) Listeria monocytogenes: none detected;

(B) Salmonella species: none detected;

(D) Staphylococcus aureus: less than or equal to 10,000 MPN per gram, or the equivilant; and

(E) organoleptic: no contamination or decomposition detected;

(3) for smoked salmon or sablefish for

(A) sodium nitrite: less than or equal to 200 ppm; and

(B) sodium nitrate: less than or equal to 500 ppm;

(4) for smoked tuna, sodium nitrite: less than or equal to 10 ppm;

(5) for cod roe, potassium nitrate: less than or equal to 200 ppm;

(6) for shelf-stable seafood product,

(A) the product must be capable of being stored at room temperature for extended periods without production of pathogenic or toxigenic microorganisms or product deterioration; and

(B) the product must meet one of the following standards:

(i) (the product has been thermally processed;

(ii) the product has a water activity below 0.85 or a water phase salt of 20 percent or greater;

(iii) the product is acidified below a pH of 4.6; or

(iv) the product complies with 21 C.F.R. 172.385, adopted by reference in 18 AAC 34.010, for whole fish protein concentrate;

(7) for shellfish,

(A) either in the shell or shucked, but not eviscerated:

(i) a fecal coliform density less than or equal to 230 MPN per 100 grams; and

(ii) an aerobic or standard plate count of less than or equal to 500,000 colony-forming units (CFU) per gram; or

(B) shucked and eviscerated, fresh or frozen:

(i) a fecal coliform density of less than or equal to 100 MPN per 100 grams; and

(ii) an aerobic or standard plate count of less than or equal to 100,000 colony-forming units (CFU) per gram;

(8) for live, fresh, or frozen snails and shellfish, including uneviscerated shellstock:

(A) PSP: less than 80 mug per 100 grams tissue; and

(B) domoic acid: less than 20 ppm; and

(9) for live, fresh, cooked, or frozen whole crab product for

(A) PSP: less than 80 µg per 100 grams tissue; and

(B) domoic acid: less than 30 ppm.

(b) A substance, color additive, indirect food additive, or direct food additive may be added to food if the substance, color additive, indirect food additive, or direct food additive is not prohibited, has been approved for use in human food, is used for its intended use, is used at appropriate use rates, and is considered by FDA to be generally recognized as safe under the following requirements, adopted by reference in 18 AAC 34.010:

(1) 21 C.F.R. 73.1 - 73.615;

(2) 21 C.F.R. 74.101 - 74.706;

(3) 21 C.F.R. 170.3 - 170.285;

(4) 21 C.F.R. 172.5 - 172.898;

(5) 21 C.F.R. 173.5 - 173.405;

(6) 21 C.F.R. 175.105 - 175.390;

(7) 21 C.F.R. 176.110 - 176.350;

(8) 21 C.F.R. 177.1010 - 177.2910;

(9) 21 C.F.R. 178.1005 - 178.3950;

(10) 21 C.F.R. 180.1 - 180.37;

(11) 21 C.F.R. 181.22 - 181.34;

(12) 21 C.F.R. 182.1 - 182.8997;

(13) 21 C.F.R. 184.1 - 184.1985;

(14) 21 C.F.R. 186.1 - 186.1839; and

(15) 21 C.F.R. 189.1 - 189.300.

History

Authority: AS 17.20.005; AS 17.20.030; AS 17.20.290 AS 17.20.010; AS 17.20.072; AS 44.46.020 AS 17.20.020; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.125 Product testing

(a) Except as provided in (g) of this section, the department may at its expense test nonstatistical, nonrepresentative samples of seafood products for compliance with 18 AAC 34.122, for the presence of other marine toxins, for the presence of heavy metals, or for the presence of other contaminants of public health significance. A processor may not charge the department more than the average wholesale market price for a sample.

(b) The department will test live or shucked shellfish and snails for compliance with 18 AAC 34.122(9). Shellfish and snails must be held by the processor until notified by the department that the seafood meets the standards of 18 AAC 34.122(9).

(c) The department will, if requested by the processor and in the department's discretion, conduct tests on seafood products, including seafood products to be exported, or new seafood products being developed, subject to the fee required by 18 AAC 34.905.

(d) A processor producing a refrigerated or frozen ready-to-eat product shall submit to a qualified laboratory 12 random product samples from the first lot produced each calendar year. In addition,

(1) the processor shall hold the lot and may release the lot only when results show the product samples meet the standards of 18 AAC 34.122(a)(2)(A) and (B); and

(2) the processor shall immediately notify the department of a result that does not meet the standards of 18 AAC 34.122(a)(2)(A) and (B).

(e) Repealed 8/21/2019.

(f) A processor who uses sodium nitrite, sodium nitrate, or potassium nitrate in a seafood product intended for the domestic market shall submit to a qualified laboratory a sample for testing from the first lot produced in each calendar year. A seafood product containing sodium nitrite, sodium nitrate, or potassium nitrate must meet the applicable standards in 18 AAC 34.122 and the applicable requirements of 21 C.F.R. 172.160, 21 C.F.R. 172.170, or 21 C.F.R. 172.175, adopted by reference in 18 AAC 34.010.

(g) Products that are thermally processed by a processor covered under the Salmon Control Plan are exempt from the requirements of (a) of this section. The processor shall, upon request from the department, provide copies of the results of laboratory tests conducted under the Salmon Control Plan to show compliance with 18 AAC 34.122(a)(6).

(h) If the department takes a compliance action under 18 AAC 34.940, the processor shall, at the department's request, submit to the department samples of seafood product, food ingredient, or packaging material for further testing subject to the applicable fees required by 18 AAC 34.905. The sample size must be a representative sample of the seafood product, food ingredient, or packaging material as determined using the American National Standard Sampling Procedures and Tables for Inspection by Attributes (1993), adopted by reference in 18 AAC 34.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180 AS 17.20.070; AS 17.20.200
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

Article 2 Shellfish Processing

18 AAC 34.200 Applicability of shellfish processing requirements

(a) A person who harvests, handles, prepares, processes, shucks, packs, repacks, or transports fresh or frozen shellfish for sale as part of commerce intended for human consumption shall meet the requirements of 18 AAC 34.200 - 18 AAC 34.210. In addition, except for a person who is a shellfish harvester, a person described in this section must also meet the requirements of 18 AAC 34.030, 18 AAC 34.035, 18 AAC 34.110 - 18 AAC 34.125, 18 AAC 34.820, and 18 AAC 34.900 - 18 AAC 34.990.

(b) A person described in (a) of this section, including a person who is a shellfish harvester, shall comply with the standards for fresh or frozen shellfish relating to sanitation, harvesting, handling, shucking, and transporting contained in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, adopted by reference in 18 AAC 34.010.

(c) A person who harvests shellfish for bait to be sold as part of commerce shall meet the requirements of 18 AAC 34.215.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/21/2019, Register 231

18 AAC 34.205 Permit requirements

(a) Shellfish may be processed only in a land-based or dockside facility and only by a person who has a current annual permit issued by the department.

(b) Except for a shellfish harvester, a shellfish permit applicant shall meet the requirements of 18 AAC 34.035 and pay the permit fee required by 18 AAC 34.900.

(1) the fee required at 18 AAC 34.900;

(2) a completed form provided by the department;

(3) an example of the actual shellfish tag to be used by the harvester as required by 21 C.F.R. 123.28, adopted by reference in 18 AAC 34.010;

(4) a map and description of the location of the shellfish growing area;

(5) a list of potential contaminants, including sewage, industrial waste, pesticide chemicals, and radionuclides, to which the shellfish might reasonably be expected to be exposed; and

(6) the following information, if the harvest activity includes establishment of a shellfish harvesting residential campsite:

(A) a copy of the lease agreement with the owner of the area that will be used as a campsite;

(B) a description of the exact location of the campsite;

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 8/21/2019, Register 231

18 AAC 34.210 Shellfish growing areas

(a) A person may not harvest shellfish for sale for human consumption from a shellfish growing area unless the department first approves the shellfish growing area. In order to obtain approval of a shellfish growing area, a person shall send a letter to the department describing the shellfish growing area for which approval is requested, and pay the appropriate fee required by 18 AAC 34.900(c). For purposes of this section,

(1) a person seeking initial site approval of a shellfish growing area shall request initial site approval and transmit the fee required by 18 AAC 34.900(c)(1); and

(2) a person seeking reapproval of a shellfish growing area for which initial site approval has been given shall request reapproval and transmit the fee required by 18 AAC 34.900(c)(2).

(b) Shellfish growing area sites that have been previously approved by the department must be reapproved annually, subject to the reapproval fees required by 18 AAC 34.900.

(c) The department will follow the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish adopted by reference in 18 AAC 34.010 to approve or reapprove a shellfish growing area.

(d) Unless approved by the department, a shellfish growing area is closed to shellfish harvesting for sale for human consumption.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152

18 AAC 34.215 Harvesting and handling of bait shellfish

(a) A person who harvests shellfish for bait to be sold as part of commerce must have an annual harvesting permit from the department, pay the applicable fee required in 18 AAC 34.900, and comply with this section.

(b) Bait shellfish must be dyed no later than the end of each day's operation with FD and C # 1 Blue dye by completely immersing the shellfish in the dye to impart a visible color to the shellfish.

(c) A harvester shall dye bait shellfish from an unapproved growing area before the shellfish is moved from the growing area. Bait shellfish from an approved growing area may be dyed while in a processing facility.

(d) Bait shellfish from an unapproved growing area may not be transported or stored with shellfish intended for sale for human consumption.

(e) Bait shellfish harvested from an approved growing area may be transported with shellfish intended for human consumption if the bait shellfish is identified as bait shellfish, stored in separate containers labeled to indicate they contain bait shellfish, and does not cross-contaminate shellfish intended for human consumption while in transport or storage.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

18 AAC 34.220 Geoduck dive vessel requirements

(a) Geoducks may only be harvested from a vessel that has a current annual permit issued by the department.

(b) An owner of a geoduck dive vessel shall

(1) apply for an annual permit under 18 AAC 34.035(a)(1), (c), (d), (e), (f), and (g); and

(2) submit to the department for approval plans that

(A) demonstrate compliance with this section;

(B) accurately depict the location or placement of storage areas for geoducks and containers used to transport geoducks; and

(1) is adequate in size, design, and construction to accommodate sanitary harvesting, storage, and transport of geoducks, and to prevent contamination of geoducks and containers used to transport geoducks;

(2) is equipped with a marine sanitation device approved by the United States Coast Guard or a portable toilet; in this subparagraph, "portable toilet" means a holding tank, chemical treatment unit, or other contained toilet facility that has an attached cover and that does not allow the discharge of untreated sewage; sewage may not be discharged during harvesting or within one-half mile of another vessel that can reasonably be expected to be processing seafood or harvesting shellfish;

(3) has at least one toilet room that is

(A) kept in a sanitary condition and in good repair;

(B) equipped with a toilet and toilet tissue; and

(C) equipped with a sign directing employees to wash their hands with soap before returning to work stations; the sign must be printed in English and, if necessary for employee understanding, either in another language or with pictures;

(4) has a handwash sink with hot and cold running water that can be tempered to a temperature between 109° F and 120° F, soap, and disposable towels;

(5) has, for geoducks, storage holds that are nonabsorbent, durable, smooth, and easily cleanable, and that are made of concrete, sealed or noncorrosive metal, fiberglass, or another suitable material approved by the department; and

(6) except for harvested geoducks, is free of live animals, including pets, insects, rodents, or other pests.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/6/2006, Register 179

Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; repealed 8/21/2019, Register 231

Article 4 Thermal and Acidified Food Processing

18 AAC 34.400 Thermal and Acidified Food processing

(a) A person who processes seafood products intended for human consumption,

(1) if the seafood product is thermally processed, must meet the requirements of 21 C.F.R. 108.35 and 21 C.F.R. 113.3 - 113.100, adopted by reference in 18 AAC 34.010, in addition to the requirements of 18 AAC 34.030 - 18 AAC 34.125, 18 AAC 34.803 - 18 AAC 34.855, and 18 AAC 34.900 - 18 AAC 34.990;

(2) if the seafood product is acidified, must meet the requirements of 21 C.F.R. 108.25, 21 C.F.R. 113.3 - 113.100, and 21 C.F.R. 114.3 - 114.100, adopted by reference in 18 AAC 34.010. in addition to the requirements of 18 AAC 34.030 - 18 AAC 34.125, 18 AAC 34.803 - 18 AAC 34.855, and 18 AAC 34.900 - 18 AAC 34.990.

(b) Repealed 8/21/2019.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/21/2019, Register 231

Article 5 Direct-Market Fishing Vessels

18 AAC 34.500 Applicable standards

(a) A person who operates a direct-market fishing vessel to process seafood products for sale as part of commerce intended for human consumption shall meet the requirements of 18 AAC 34.500 - 18 AAC 34.525. In addition, the operator must meet the requirements of 18 AAC 34.030 - 18 AAC 34.122, 18 AAC 34.125(a), (c), and (h), 18 AAC 34.803 - 18 AAC 34.810, 18 AAC 34.820(a) - (c), (g), (h), (i), and (l), 18 AAC 34.825 - 18 AAC 34.855, and 18 AAC 34.900 - 18 AAC 34.990.

(b) A direct-market fishing vessel operator shall limit processing to butchering, freezing, and packaging the operator's own catch of seafood products on board the vessel.

(c) The operator of a direct-market fishing vessel may butcher seafood products only while on the fishing grounds but no closer than one-half nautical mile to shore. Butchering, packaging, and freezing must be done under sanitary conditions.

(d) A direct-market fishing vessel operator who uses chemicals or additives shall ensure there is adequate room aboard the vessel for the sanitary storage, mixing, and use of the chemicals or additives.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/21/2019, Register 231

18 AAC 34.510 Vessel requirements

(a) A direct-market fishing vessel must be equipped with either a wash-down hose or another means to supply adequate amounts of water to the processing area and deck for cleaning and sanitizing.

(b) A direct-market fishing vessel must be equipped with a marine sanitation device approved by the United States Coast Guard or a portable toilet. The vessel must also be equipped with a handwash sink, soap, and hand towels.

(c) In this section, "portable toilet" means a contained toilet facility with an attached cover, such as a holding tank or a chemical treatment unit, that does not allow direct discharge of untreated sewage.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

18 AAC 34.520 Water supply and ice

(a) Sources of fresh and salt water supplies for a direct-market fishing vessel must be approved by the department.

(b) Processing water supplies may not come in contact with or become exposed to sewage or other contamination.

(1) changed as often as necessary to prevent buildup of blood, slime, or other contamination that might result in an adulterated seafood product; and

(2) disinfected to maintain a measurable residual of free chlorine or another disinfectant approved by the department; processing water must be tested for the residual at least once each day during the operating season; a daily log of the disinfectant residuals must be kept as required by 18 AAC 34.920(b)(5).

(d) Processing water lines on a direct-market fishing vessel may not be cross-connected with bilge pump systems or other nonpotable water lines.

(e) Ice used on a direct-market fishing vessel must comply with 18 AAC 34.830(b).

(f) Roe is not required to have a chlorinated final rinse if

(1) each food-contact surface is cleaned and sanitized as specified in 18 AAC 34.815; and

(2) each whole, round fish receives a chlorinated rinse as specified in (c) of this section before the roe is extracted.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.525 Cleaning and sanitizing

Repealed.

History

Eff. 12/18/97, Register 144; am 12/2/99, Register 152; repealed 8/21/2019, Register 231

Article 6 Requirements for Fishing Vessels, Tender Vessels, Buying Stations, and Processing Facilities in Response to Oil Contamination

18 AAC 34.600 Applicability

(a) The requirements of 18 AAC 34.600 - 18 AAC 34.625 are in addition to all other applicable requirements of this chapter.

(b) The requirements of 18 AAC 34.602 apply

(1) where there is a visible oily sheen on the water; and

(2) to

(A) fishing vessels;

(B) tender vessels;

(D) processing facilities.

(1) if the department finds that an oil spill threatens to contaminate a body of water where seafood that is intended to be sold as part of commerce and intended for human consumption is caught; and

(2) to

(A) fishing vessels or tender vessels involved in the response to and cleanup of the oil spill;

(B) fishing vessels, tender vessels, buying stations, processing facilities, and processors who handle, transport, prepare, store, or process seafood caught in the water affected by the threatened oil spill contamination; and

(C) any other fishing vessel or tender vessel operating in a body of water that the department has found to be threatened.

History

Authority: AS 17.20.005; AS 17.20.065; AS 17.20.180 AS 17.20.020; AS 17.20.072; AS 44.46.020
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.602 Prohibition on taking on water with visible oily sheen

In an area where there is a visible oily sheen on the water, an operator of a fishing vessel or a tender vessel, a buying station, or a processor, may not take on sea water for

(1) fluming, pumping, unloading, or chilling seafood;

(2) holding live seafood products; or

(3) cleanup purposes.

History

Authority: AS 17.20.005; AS 17.20.065; AS 17.20.180 AS 17.20.020; AS 17.20.072; AS 44.46.020
Eff. 8/21/2019, Register 231

18 AAC 34.605 Fishing vessel and tender vessel inspection

(a) After the department finds that an oil spill threatens to contaminate a body of water where seafood that is intended to be sold as part of commerce and intended for human consumption is caught, the vessels described in 18 AAC 34.600 must be inspected by the department or its designated agent before conducting fishing activities or receiving seafood products.

(b) An operator of a fishing vessel or tender vessel subject to (a) of this section may not catch, store, handle, or transport seafood products unless

(1) oil contamination is removed from any surface that might contact seafood, using only chemicals described in 18 AAC 34.815; and

(2) the vessel has passed a department inspection and received a notice from the department confirming the inspection; the department will, in its discretion, based on its budget and the staffing needs of its other projects, waive the requirement for an inspection under this paragraph; if the department waives inspection, it will provide the processor with a notice that the department has issued a waiver of inspection.

(c) The operator of a fishing vessel or tender vessel shall present the notice received under (b)(2) of this section to a seafood buyer each time the operator makes a delivery of a seafood product.

(d) The department will, in its discretion, provide a list of all vessels involved in oil spill cleanup operations to tender vessels, buying stations, and processing facilities.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.200 AS 17.20.020; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register

18 AAC 34.615 Requirements for operators of fishing vessels

(a) After the department finds that an oil spill threatens to contaminate a body of water where seafood that is intended to be sold as part of commerce and intended for human consumption is caught, the operator of a fishing vessel described in 18 AAC 34.600 shall inspect for signs of oil contamination before, during, and after fishing. The operator shall inspect

(1) the fishing gear, hull, deck, fish hold, work clothes, and any other equipment that might have been in contact with seafood or fishing gear; and

(2) the seafood products as they are brought on board the vessel.

(b) If oil-contaminated seafood product or fishing gear is found, the operator of a fishing vessel shall

(1) immediately segregate the entire lot or load containing oil-contaminated seafood product or fishing gear from uncontaminated product or gear;

(2) upon arrival at a tender vessel, buying station, or processing facility or vessel, notify the department that oil has been found; and

(3) request the department to inspect the vessel as required by 18 AAC 34.605.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.200 AS 17.20.020; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179

18 AAC 34.620 Requirements for operators of tender vessels or buying stations

(a) An operator of a tender vessel or buying station may not accept seafood from a fishing vessel described in 18 AAC 34.600(c)(2) to which the provisions of 18 AAC 34.600 - 18 AAC 34.625 apply unless the fishing vessel has received an inspection or waiver notice under 18 AAC 34.605(b)(2).

(b) Before accepting delivery from a fishing vessel described in 18 AAC 34.600(c)(2) to which the provisions of 18 AAC 34.600 - 18 AAC 34.625 apply, the operator of a tender vessel or buying station shall inspect each fishing vessel, including the fishing gear, hull, deck, fish hold, work clothes, and equipment that might have been in contact with seafood or fishing gear, for signs of oil contamination.

(c) During each delivery from a fishing vessel described in 18 AAC 34.600(c)(2) to which the provisions of 18 AAC 34.600 - 18 AAC 34.625 apply, the operator of a tender vessel or buying station shall inspect the seafood products for signs of oil contamination as the product is offloaded. If the product is offloaded

(1) from the fishing vessel, the operator shall inspect it by

(A) examining all of the seafood product in one pump cycle before offloading any seafood product into the tank or hold; and

(B) randomly examining the seafood product after each pump cycle;

(2) at a buying station, the operator shall inspect it by

(A) examining all of the seafood product in one container before offloading the product from the fishing vessel or tender; and

(B) randomly examining the seafood product within each remaining container.

(d) If oil-contaminated seafood product is found, the tender vessel or buying station operator shall immediately

(1) notify the department that oil was found, and request an inspection of the product and vessel; and

(2) segregate the entire lot or load containing oil-contaminated seafood product from uncontaminated seafood product.

(e) The operator of a tender vessel or buying station shall keep a record of each delivery for the time specified at 18 AAC 34.920. Records must include

(1) the name of the fishing vessel that delivered the seafood product, or the name of the person delivering the seafood product from a set net site;

(2) the fishing area in which the seafood product was caught;

(3) the date of delivery;

(4) the number of pounds, or the number of units, of seafood product

(A) inspected for oil contamination; and

(B) contaminated with oil, if any; and

(5) action taken by the operator of the tender vessel or buying station if oil-contaminated seafood product was found.

(f) The operator of a tender vessel or buying station shall give a copy of the records required in (e) of this section to the operator of a processing facility when the seafood product is delivered to the facility.

(g) The operator of a tender vessel that takes on sea water for use as refrigerated sea water shall immediately notify the department of oil-contaminated sea water is taken in, and shall request an inspection before resuming fisheries activity.

(h) The records required in (e) of this section are subject to the confidentiality provisions of AS 16.05.815, except that, if oil-contaminated seafood product is found, information in the records relating to the date of delivery and the area where the contaminated seafood products was caught is not confidential.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.200 AS 17.20.020; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/21/2019, Register 231

18 AAC 34.625 Requirements for processors

(a) A processor may not receive seafood products from a tender vessel or a fishing vessel subject to the requirements of 18 AAC 34.600 unless the tender vessel or fishing vessel has received the inspection notice or waiver under 18 AAC 34.605(b)(2).

(b) Before accepting delivery from a tender vessel or fishing vessel subject to 18 AAC 34.600, the processor shall examine the delivering vessel, including the fishing gear, hull, deck, fish hold, work clothes, and equipment for signs of oil contamination.

(1) all seafood product from each lot and load that consists of less than 200 units; or

(2) at least 200 units from each lot or load that consists of 200 or more units.

(d) During processing, the processor shall continuously inspect for signs of oil contamination

(1) seafood product as it is processed; and

(2) food-contact surfaces of equipment and work clothes.

(e) If oil contamination is found on one or more units of seafood product during delivery or during processing, on unloading or holding equipment, on food-contact surfaces of equipment, or on work clothes, the processor shall immediately

(1) cease processing;

(2) notify the department that oil contamination has been found and request an inspection;

(3) segregate the entire lot or load containing oil-contaminated seafood product from uncontaminated seafood product; and

(4) clean contaminated equipment, using only chemicals described in 18 AAC 34.065.

(f) A processor at a processing facility in which oil contamination is found may not use the contaminated equipment or work clothes until the department or its designated agent inspects the contaminated equipment and work clothes and finds that cleanup of the contaminated equipment and work clothes is adequate.

(g) In addition to keeping a copy of the records required in 18 AAC 34.620(e), the processor shall keep the following records for each delivery of seafood products:

(1) the name of the fishing vessel, tender vessel, or buying station; and

(2) any action taken by the processing facility if oil-contaminated seafood product is found.

(h) Records required in (g) of this section are confidential to the same extent as confidentiality is provided by 18 AAC 34.620(h) for a record required by 18 AAC 34.620(e).

(i) A processor at a processing facility that takes in sea water shall

(1) before, during, and after taking in sea water, inspect the water, adjacent beaches, and equipment for signs of oil contamination; and

(2) immediately notify the department if oil-contaminated sea water is taken in, and request an inspection before resuming processing.

(j) A person shall notify the department before a shipment of whole, round fish or live seafood product caught in an area the department has found to be threatened by an oil spill is transported for processing at a facility located in an area not affected by the oil spill. The person shall contact the department in the most expedient manner possible with the following information:

(1) the anticipated transport date;

(2) the method of transportation, including tender name, shipping van company and van number, or airplane company;

(3) the name and location of the facility to which the seafood products will be transported; and

(4) the anticipated date and time of arrival at the facility.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.200 AS 17.20.020; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

Article 7 Direct-Market Land-Based Facilities

18 AAC 34.700 Applicable standards

(a) A person who operates a direct-market land-based facility to process seafood products for sale as part of commerce intended for human consumption

(1) shall meet the requirements of 18 AAC 34.700 - 18 AAC 34.730; and

(2) except as specified in 18 AAC 34.700 - 18 AAC 34.730, shall meet the requirements of 18 AAC 34.005, 18 AAC 34.010, 18 AAC 34.030 - 18 AAC 34.122, 18 AAC 34.125(a), (c), and (h), 18 AAC 34.803 - 18 AAC 34.805, 18 AAC 34.820(a) - (c), (e) - (g), (i), and ( l), 18 AAC 34.825 - 18 AAC 34.835, and 18 AAC 34.900 - 18 AAC 34.990.

(b) The operator of a direct-market land-based facility shall limit processing to butchering, roe extraction, freezing, and packaging only the operator's own catch of seafood products in the approved facility.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.710 Facility design and construction

(a) The direct-market land-based facility may be a temporary facility.

(b) Inside walls, the floor, and the ceiling of the facility may be made of wood if the

(1) wood is painted or sealed with a visible sealant;

(2) walls are sealed at the floor juncture; and

(3) walls are easily cleanable and maintained in good repair.

(1) flexible material is

(A) at least 20 mils thick or 18-ounce weight;

(B) made of rubberized nylon, polypropylene, polyester-based vinyl, or nylon-based vinyl;

(D) free of breaks, open seams, and crevices; or

(2) department determines that the flexible material and the manner in which it is installed will result in a sanitary surface suitable, and sufficiently durable and cleanable, for a processing facility.

(d) If the facility has windows, each window must be screened if opened and must be able to be closed.

(e) If the department determines that the lighting is sufficient to provide for adequate inspection and handling of product, lighting may be provided by

(1) ambient light during daylight hours;

(2) battery-powered fixtures; or

(3) other means approved by the department.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/6/2006, Register 179

18 AAC 34.720 Water supply and ice

(a) Each source of fresh and salt water supply for use in a direct-market land-based facility must be approved by the department, on the basis of whether public health and consumers are adequately protected.

(b) A water supply used for processing may not come in contact with or become exposed to sewage or other contamination.

(1) changed as often as necessary to prevent buildup of blood, slime, or other contamination that might result in an adulterated seafood product; and

(d) Roe is not required to have a chlorinated final rinse if

(1) each food-contact surface is cleaned and sanitized as specified in 18 AAC 34.815; and

(2) each whole, round fish receives a chlorinated rinse as specified in (c) of this section before the roe is extracted.

(e) Processing water lines in a direct-market land-based facility may not be cross-connected with nonpotable water lines.

(f) Ice used in a direct-market land-based facility must comply with 18 AAC 34.830(b).

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.730 Toilet and handwash sink requirements

If a direct-market land-based facility operator installs a portable toilet or privy in accordance with 18 AAC 34.820(g), the operator shall monitor the use of the handwash sink located at the entrance to the processing area to ensure that employees are washing hands after exiting the toilet facility.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.740 Cleaning and sanitizing

Repealed.

History

Eff. 8/6/2006, Register 179; repealed 8/21/2019, Register 231

Article 8 Good Manufacturing Practice

18 AAC 34.803 Qualifications and training

A processor shall ensure that each individual who processes seafood is qualified and trained to perform their duties as required in 21 C.F.R. 117.4 and 21 C.F.R. 123.10, adopted by reference in 18 AAC 34.010. Records that document training must be maintained and made available as required in 21 C.F.R. 117.301 - 117.330, adopted by reference in 18 AAC 34.010, and 18 AAC 34.920.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.805 Personnel; disease control and hygienic practices

A processor shall ensure adequate disease control and hygienic practices to protect against allergen cross-contact and contamination of food through instruction, training, and supervision of employees as required in 21 C.F.R. 117.10, adopted by reference in 18 AAC 34.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.810 Plant and grounds

(a) A processor shall ensure that each facility and the grounds about the facility under the control of the processor are designed and constructed in a manner that facilitates sanitary operations and protects food from contamination as required in 21 C.F.R. 117.20, adopted by reference in 18 AAC 34.010, and other requirements of this section.

(b) The outside walls and the roof

(1) if made of a flexible material such as rubberized nylon, polypropylene, polyester-based vinyl, or nylon-based vinyl, must be at least 20 mils thick, with the seams heat-welded; and

(2) must protect the facility from weather and the entry of insects, rodents, and other animals.

(1) 50 footcandles, measured at the work surface, in areas where

(A) seafood products, food ingredients, or additives are inspected, sorted, graded, or processed; and

(B) processing equipment control panels and food packaging materials, including tin stock, jars, and retort pouches, are tested or examined; and

(2) 20 footcandles, evenly distributed to all other areas not described in (1) of this subsection, including product holding, food packaging, food storage, and container cooling areas.

(d) The inside walls in

(1) any area that will likely be splashed with water or other processing wastes during processing and cleaning must be made of a solid material that is nonabsorbent, durable, smooth, easily cleanable, and sealed to the floor; if the material is less than the full height of the wall, the top of the material must be sealed to the wall;

(2) food processing areas, built-in refrigerators, and freezers used in the processing of seafood products must be made of tile, sealed or noncorrosive metal, fiberglass, glasply panels, or another nonabsorbent, durable, smooth, and easily cleanable material designed for its intended use;

(3) storage freezers and ingredient storage areas must be easily cleanable and may be made of wood if the wood is sealed with a visible sealant; and

(4) dry storage areas must be easily cleanable and may be made of unsealed wood if the walls are cleaned without using water or another cleaning liquid.

(e) Floors in

(1) processing areas where large amounts of water are used must be durable, smooth, and easily cleanable, must be made of concrete, sealed or noncorrosive metal, fiberglass, or another suitable material approved by the department, and must be adequately sloped to floor drains;

(2) refrigerator and freezer areas that are subject to dripping from condensation must be durable, smooth, and easily cleanable, and must be made of concrete, sealed or noncorrosive metal, fiberglass, or another suitable material approved by the department; and

(3) warehouse and storage rooms used for dry storage must be made of a material that is easily cleanable; floors may be made of unsealed wood if cleaning methods do not require the use of water or another liquid.

(f) Floor drains are required in areas where

(1) refrigeration or freezer pipes produce condensate that accumulates;

(2) normal operations release or discharge water or other liquid waste onto the floor; and

(3) wastewater could contaminate a processing area.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.815 Sanitary operations

(a) A processor shall ensure that each facility meets the requirements of 21 C.F.R. 117.35, adopted by reference in 18 AAC 34.010, and other requirements of this section.

(b) Pesticides must be used according to 18 AAC 90.

(c) When a chemical or compound is used for sanitizing, the processor shall verify the concentration is correct with a test kit, test strip, or other device.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.820 Sanitary facilities and controls; plumbing, water supply, toilets and handwash sink requirements, and waste disposal

(a) A processor shall ensure that each facility is equipped with sanitary facilities and accommodations as required in 21 C.F.R 117.37, adopted by reference in 18 AAC 34.010, and other requirements of this section.

(b) Notwithstanding the applicability limitations of the state plumbing code, plumbing must be installed and operated in accordance with the state plumbing code under AS 18.60.705. Except for the toilet and sink requirements in (h) and (i) of this section, the state plumbing code applies statewide to all facilities subject to this chapter, including mobile processing vessels.

(d) A processing water supply must be approved by the department, on the basis of whether public health and consumers are adequately protected. In addition to complying with (c) of this section, for a processing water supply that is not directly plumbed to a community public water system or a non-transient non-community public water system, a processor

(1) shall disinfect to maintain a measurable residual of free chlorine or another disinfectant approved by the department;

(2) shall sample for coliform bacteria contamination before beginning operations and once every 30 days during the operational season, and shall resample

(A) as required in 18 AAC 80.415, or as required by the department to serve the interests of public health and consumer protection, after notification of a sample result that is positive for total coliform bacteria; however, resampling requires no more than two water samples; or

(B) if a sample is invalidated as set out in 18 AAC 80.425; however, resampling requires no more than one water sample;

(3) shall ensure that the water does not exceed the maximum contaminant level for Escherichia coli bacteria set out in 18 AAC 80.300(b)(4);

(4) shall sample for a contaminant listed in 18 AAC 80.300(b) at the applicable frequency set out in 18 AAC 80.310 - 18 AAC 80.335, if the department identifies a potential public health problem for inorganic or organic chemical contamination; the department will require more frequent sampling if the department determines it is necessary to serve the interests of public health and consumer protection; if required under this subsection, samples may not exceed the maximum contaminant levels set out in 18 AAC 80.300; and

(5) shall sample at a point at the end of the system and test for disinfectant residual at least once each day during the operating season; a daily log of the disinfectant residuals must be kept as required by 18 AAC 34.920.

(e) Water supplies used to deliver, chill, or hold live or unprocessed seafood may not contribute to contamination or adulteration of the seafood products and may not have a fecal coliform density of more than 14 colony-forming units (CFU) per 100 ml. These water supplies are exempt from the disinfection requirement of (d) of this section if the water is used at a location that will not allow other seafood products, food ingredients, food-contact surfaces, or food packaging materials to come into contact with the water.

(f) Water tests required under this chapter must be performed by a laboratory certified under 18 AAC 80.1100 - 18 AAC 80.1110 for drinking water analysis and compliant with reporting requirements for positive sample results described in 18 AAC 80.355. Laboratory results of water analysis, including resampling results or notices indicating that samples were too long in transit, must be maintained at the facility as required by 18 AAC 34.920.

(g) The department will allow a land-based facility to have portable toilets or privies if

(1) due to lack of soil, the existence of permanently frozen ground, or other geological conditions, the land-based facility is unable to install a septic system;

(2) the department finds that public health is protected;

(3) each portable toilet and privy meets the applicable requirements of 18 AAC 72;

(4) each portable toilet and privy is conveniently located for employee use;

(5) each portable toilet and privy is maintained in a sanitary manner and toilet tissue is provided;

(6) a handwash sink, soap, and towels are located at the entrance to the processing area; and

(7) handwash signs directing employees to wash their hands with soap or detergent before returning to their work stations are posted at each portable toilet or privy and at the entrance to the processing area; the signs must be printed in English and in other languages or pictures if necessary for employee understanding.

(h) The number of toilets on a mobile processing vessel must comply with the Occupational Safety and Health Administration's general environmental controls in 29 C.F.R. 1910.141(c)(1)(i) and Table J-1, adopted by reference in 18 AAC 34.010.

(i) Handwash sinks must be provided and

(1) must be located to allow convenient use by employees in food processing areas and in, or immediately adjacent to, toilet rooms;

(2) must be accessible at all times for employee use;

(3) may not be used for purposes other than handwashing;

(4) must be equipped to provide water at a temperature that is comfortable to encourage and allow for employees to wash their hands thoroughly;

(5) must have hand-cleaning soap or detergent at each sink; and

(6) if the handsink has a self-closing, slow-closing, or a metering faucet, the handsink must provide a flow of water for at least 20 seconds without the need to reactivate the faucet.

(j) For sewage disposal from a mobile processing vessel, only a type II or type III marine sanitation device may be used. If used, marine sanitation devices must be of an adequate size for numbers of employees and must be operated in accordance with the manufacturer's specifications and United States Coast Guard requirements.

(k) Untreated sewage from a marine sanitation device may not be discharged during processing, facility cleaning, or when within one-half mile of another vessel that can reasonably be expected to be processing or cleaning. A record of the date, time, and location of each discharge from a type III marine sanitation device must be kept as required by 18 AAC 34.920.

(l) Processing waste from seafood products must be disposed of as required by 18 AAC 60 for solid waste, 18 AAC 72 for domestic wastewater, or 18 AAC 83 for wastewater.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.825 Equipment and utensils

A processor shall ensure that all equipment and utensils are adequate for the intended use and designed, installed, and maintained to facilitate cleaning and preclude adulteration of the seafood products or ingredients as required in 21 C.F.R. 117.40, adopted by reference in 18 AAC 34.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.830 Processes and controls; handling; and ice supply

(a) A processor shall ensure that all operations in the manufacturing, processing, packing, and holding of seafood products are conducted in accordance with adequate sanitation principles as required in 21 C.F.R. 117.80, adopted by reference in 18 AAC 34.010, and other requirements of this section.

(b) Ice that comes into contact with seafood products must be

(1) made by the seafood processor from water that meets the requirements of 18 AAC 34.820(d) or obtained from an establishment permitted under 18 AAC 31 or this chapter to manufacture ice; and

(2) handled in a sanitary manner.

(c) Vessels or vehicles, including tenders, used to transport raw seafood products shall provide adequate ice or other temperature control and adequate protection against bird droppings and sun when holding or transporting seafood products.

(d) Pitching or puncturing raw seafood product using a long-handled implement is prohibited. Hand gaff hooks are allowed if used only in a portion of the seafood product that will be discarded as waste by the processor or will not otherwise be used for human consumption.

(e) The processor shall record the condition, including quality, of incoming seafood products.

(f) Except for a direct-market fishing vessel or direct-market land-based facility, a processor shall, upon receipt and before additional processing or packaging, inspect and adequately rinse seafood products with a water supply that meets the requirements of 18 AAC 34.820(c) or (d), including those products butchered or filleted in another permitted facility.

(g) A processor shall identify, by label or otherwise, and segregate seafood caught while sport fishing, subsistence fishing, or personal use fishing from commercially caught seafood during all aspects of processing.

(h) A processor shall hold seafood products upon receipt at a temperature of not more than 45° Fahrenheit until processing of the seafood product begins.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.835 Storage and transportation

A processor shall ensure the proper storage and transportation of food as described in 21 C.F.R. 117.93, adopted by reference in 18 AAC 34.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.840 Holding and distribution of human food by-products for use as animal food

A processor shall ensure that human food by-products for use as animal food are stored, identified, and labeled as described in 21 C.F.R. 117.95, adopted by reference in 18 AAC 34.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

18 AAC 34.855 Defect action levels

A processor shall utilize quality control operations to reduce natural or unavoidable defects in seafood products as described in 21 C.F.R. 117.110, adopted by reference in 18 AAC 34.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 8/21/2019, Register 231

Article 9 General Provisions, Compliance Procedures, and Fees

18 AAC 34.900 Permit, certification, waiver, and compliance fees

(a) Subject to (b) of this section, at the time of application for a new permit under this chapter, or within 30 days after receiving notice that a permit renewal fee is due under this section, the applicant shall pay to the department an annual permit fee as follows:

(1) for a shellfish harvester: $162;

(2) for a shellfish shipper: $162;

(3) for a shellfish reshipper: $162;

(4) for a shellfish repacker: $325;

(5) for a shellfish shucker-packer: $649;

(6) for a direct-market fishing vessel: $325;

(7) for a processing vessel that processes less than 5,000 pounds per day: $795;

(8) for a processing vessel that processes 5,000 or more pounds per day: $2,094;

(9) for a land-based processing operation that processes less than 5,000 pounds per day: $795;

(10) for a land-based processing operation that processes 5,000 or more pounds per day: $2,094;

(11) for a thermal processing operation that processes less than 5,000 pounds per day: $1,120;

(12) for a thermal processing operation that processes 5,000 or more pounds per day: $2,094;

(13) for a direct-market land-based operation: $200;

(14) for an ice manufacturer: $325;

(15) for a geoduck dive vessel: $162.

(b) An operation listed in (a)(2) - (15) of this section and that

(1) consists of two or more of those operations occurring at the same location is subject only to the highest applicable fee rather than a separate fee for each operation;

(2) only freezes and packages seafood or uses a separate facility to only freeze and package seafood shall pay to the department an annual permit fee that is equal to one-half of the fee required under (a)(7) - (13) of this section.

(c) A person applying for approval or reapproval of a shellfish growing area under this chapter shall pay the following fees to the department for a shellfish growing area approval or reapproval:

(1) for an initial approval: $500; if two or more contiguous shellfish growing area sites can be approved at the same time, the department will pro-rate the fee among the growers proposing to use those sites;

(2) for reapproval: $150 for each day the department conducts activities related to its decision to reapprove, including field work and sampling; if two or more contiguous shellfish growing area sites can be reapproved at the same time, the department will pro-rate the fee among the growers proposing to use those sites.

(d) Repealed 8/21/2019.

(e) In addition to the annual permit fee required under (a) of this section, the department will charge a fee based on the hourly rates set out in Table 2 of this section, except for the fees described in (3)(E) and (F) of this subsection, as follows:

(1) for reinspection time necessary to verify that the following violations have been corrected:

(A) critical violations;

(B) numerous violations that indicate a general disregard for sanitation, product safety, or wholesomeness;

(2) to verify the adequacy of product reconditioning;

(3) if a processor requests the department to

(A) conduct an inspection of a mobile processing facility or a direct-market fishing vessel at a location that is not designated in 18 AAC 34.930(i);

(B) conduct an activity outside of normal department working hours;

(C) conduct an activity that is not specifically required for a permit or approval under this chapter, such as an onsite facility construction review;

(D) provide a product certification;

(E) provide a state certificate of origin; the department will assess a fee of $25 for each certificate requested; or

(F) grant a waiver under 18 AAC 34.915; the department will assess a fee of $150 to review an application for a waiver.

(f) Payment for an inspection conducted under (e)(1), (2), or (3)(A) - (D) of this section is due within 30 days after receiving an invoice from the department. If a processor requests an inspection or activity under (e)(1), (2), or (3)(A) - (D) of this section, the department will estimate the fee based on the hourly rates in Table 2 of this section. The department will conduct an activity under (e)(2) or (3)(A) - (D) of this section after the processor pays the estimated costs as an advance payment to the department, if staff is available, and if there is no cost to the state for travel. If the advance payment exceeds the department's actual cost, the department will refund the excess after the inspection. If the actual cost exceeds the advance payment, the processor shall pay the additional amount due within 30 days after receiving an invoice from the department. For purposes of this subsection, "travel" means transportation, lodging, and meal expenses incurred by the department for activities within the state, but does not include reasonable transportation or lodging provided by a processor to conduct an activity under (e)(2) or (3)(A) - (D) of this section at the processor's request.

Table 2 - Hourly Rates

Time of

Inspection Alleutian Chain,

Bristol Bay,

Dillingham Southeast and

Southcentral

Alaska

(Anchorage,

Juneau, Kenai,

Ketchikan) Remainder of

Alaska,

Including

Kodiak,

Western

Alaska,

and

Northern

Alaska

Regular time$ 86.00$ 68.00$ 80.00Overtime$128.49$102.16$120.26Sundays,

Holidays$171.32$136.21$160.34

(g) If the applicant for a permit or an approval under this chapter withdraws the application before the permit or approval is issued, or if the department denies the application, the department will return any unused balance of the fees paid to the applicant. The department will compute that portion of the fee used to review and process the application before the application was withdrawn or denied. The computation will be based on a charge of $71 per hour for staff time, plus any costs incurred by the department, not including travel costs. A copy of the computation will be provided to the applicant. Once a permit has been issued, any fees paid are nonrefundable.

(h) Except for good cause beyond the control of the applicant, the department will assess a late fee of five percent of the applicable fee if payment is more than 30 days past due. In addition, a payment that is more than 60 days past due accrues interest monthly at the rate prescribed in AS 45.45.010.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180; AS 44.46.025 AS 17.20.070; AS 17.20.200
Eff. 12/18/97, Register 144; am 12/2/99, Register 152; am 6/28/2001, Register 158; am 12/23/2005, Register 176; am 8/6/2006, Register 179; am 11/24/2007, Register 184; am 8/21/2019, Register 231

18 AAC 34.901 Refund of direct-market fishing vessel permit fees for calendar year 1999

Repealed.

History

Eff. 12/2/99, Register 152; repealed 12/23/2005, Register 176

18 AAC 34.905 Laboratory fees

(a) The following fees apply to requests to the department's food safety laboratory for laboratory analysis and testing conducted under 18 AAC 34.125(c) - (f) and (h):

(1) paralytic shellfish poisoning (PSP) for

(A) marine snails or other animals: $125 for each sample;

(B) geoducks: $125 for each sample; and

(2) domoic acid: $100 for each sample;

(3) other marine toxins: $54 per hour of laboratory time;

(4) microbiology:

(A) aerobic plate count (APC): $30 for each sample;

(B) presumptive coliform: $17 for each sample;

(D) Escherichia coli

(i) (non 0157:H7): $17 for each sample;

(ii) (0157:H7): $17 for each sample;

(E) Staphylococcus aureus: $50 for each sample;

(F) Salmonella spp.: $70 for each sample with a minimum of four samples or $80 for each sample with no minimum;

(G) Listeria spp.: $35 for a negative or presumptive-positive test, and an additional $15 for each additional procedure to confirm positive identification;

(H) Vibrio spp.: $75 for a negative or presumptive-positive test, and an additional $75 to confirm positive identification;

(5) chemistry:

(A) water activity: $10;

(B) water phase salt: $30;

(D) moisture: $10;

(E) nitrate: $120;

(F) nitrite: $30;

(G) sulfite: $120;

(H) heavy metals and elements: $50, plus $10 for each sample of each metal or element;

(I) mercury, total: $75 for each sample;

(J) histamine: $100 for each sample;

(K) indole: $75 for each sample;

(L) ethanol: $75 for each sample; and

(M) pH in food products: $20 for each sample;

(6) miscellaneous:

(A) organoleptic: $50 per hour; and

(B) adulteration: $50 per hour.

(b) The department may conduct analyses after normal state working hours as follows:

(1) after normal working hours, except as provided in (2) of this subsection, the charge will be one and one-half times the standard sample charge set out in this section; and

(2) on a Sunday or holiday, the charge will be twice the standard sample charge set out in this section.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180; AS 44.46.025
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 12/23/2005, Register 176

18 AAC 34.910 Fee review

(a) A person who disputes an invoice issued under this chapter because it incorrectly identifies the type of operation for which a fee is required or who disputes a computation of charges provided under this chapter may request a fee review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180; AS 44.46.025
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 7/11/2002, Register 163

18 AAC 34.915 Waiver of requirements

(a) Except for a fee required under 18 AAC 34.900 or 18 AAC 34.905, the department will, in its discretion, waive a requirement of this chapter if the department finds that public health is protected and the purpose of the requirement is otherwise satisfied.

(b) An application for a waiver must be submitted to the department in writing and must

(1) specify the requirement for which the waiver is sought;

(2) state the reason why the requirement cannot be met;

(3) describe the alternative method proposed to meet the purpose of the requirement, and how that method will be equally protective of public health; the applicant shall include any scientific data, academic research, or other information that will assist the department in making its decision; and

(4) include the waiver fee required in 18 AAC 34.900(e)(3)(F).

(c) The department will grant or deny a waiver application in writing with or without conditions within 30 working days after the department receives the application.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179

18 AAC 34.920 Records availability and retention

(a) Records to be retained by a processor under this chapter must be available for department review and copying. Unless otherwise specified, a processor must keep the following records for the time specified in (b) of this section:

(1) HACCP records required by 18 AAC 34.045;

(2) sanitation records required by 18 AAC 34.050;

(3) incoming seafood product records as required by 18 AAC 34.830;

(4) drinking and processing water disinfectant records and laboratory results required by 18 AAC 34.820;

(5) laboratory results required by 18 AAC 34.125(d) and (f);

(6) repealed 8/21/2019;

(7) thermal processing records required by 18 AAC 34.400;

(8) direct-market vessel water disinfectant records as specified in 18 AAC 34.520;

(9) records required by 18 AAC 34.850(k) regarding the discharges from a type III marine sanitation device;

(10) tender and fishing vessel seafood delivery reports required by 18 AAC 34.620;

(11) raw seafood receiving reports required by 18 AAC 34.625;

(12) records developed under a plan of operation that was in effect before December 18, 1997;

(13) records required by 18 AAC 34.047 regarding recall procedures; and

(14) records required by 18 AAC 34.803 regarding qualifications and training.

(b) Records described in (a) of this section must be retained at the processing facility as follows:

(1) for a refrigerated product, at least one year after the date it was processed;

(2) for a frozen, preserved, or shelf-stable product, at least two years after the date it was processed;

(3) for a thermally-processed product, at least three years after the date it was processed;

(4) for drinking and processing water laboratory results and disinfectant residual logs, at least two years after the date the water was tested;

(5) for direct-market vessel and direct-market land-based facility disinfectant records and sanitation records, at least one year after the product was processed; and

(6) for oil-spill records in 18 AAC 34.620 and 18 AAC 34.625, at least one year after the product is delivered to a processor or otherwise sold.

(c) If, during the required retention time, the facility is closed for a prolonged period during the operational season, or if record storage capacity is limited on a mobile processing facility or at a remote processing facility, the records may be transferred to some other reasonably accessible location at the end of the operational season. If requested by the department, the processor shall return the records to the facility or another agreed-upon location for department review within 24 hours after receiving the request unless the department agrees to a longer period.

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180 AS 17.20.070; AS 17.20.200
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.930 Inspections

(a) The department will, applying its enforcement discretion, conduct inspections to determine compliance with this chapter during usual business hours.

(b) A processor shall allow a department employee or the department's agent to inspect all portions of the facility, seafood products, food ingredients, processing equipment, labels, plans, and records required to be retained and available under this chapter. The department employee or department's agent may collect samples for analytical testing of food products, of packaging, and from food-contact surfaces. A processor may not charge the department more than the average wholesale market price for a sample.

(d) The processor may accompany the inspector during the inspection.

(e) The processor shall allow the taking of photographs.

(f) Repealed 8/21/2019.

(g) The department will, applying its enforcement discretion, suspend or revoke a permit if access for purposes of inspection described in (b) of this section is denied.

(h) A processor who operates a mobile processing facility or a direct-market fishing vessel shall be available for at least one onsite inspection in the state during each calendar year at the location designated in the processor's permit application, or another location agreed to by the department. An inspection at a location other than one listed in (i) of this section is subject to the applicable fee required by 18 AAC 34.900(e). The processor shall give at least 48 hours notice to the department's office at a location listed in (i) of this section to allow for scheduling an inspection. The department may notify any processor who has not received an annual inspection that an inspection will be required before the permit will be renewed.

(i) Designated locations or ports for onsite inspections under (h) of this section are Anchorage, Dutch Harbor, Juneau, Kenai, Ketchikan, Kodiak, Sitka, and Valdez. The department may approve other locations or ports for onsite inspections.

(j) The provisions of this section also apply to a compliance reinspection conducted under 18 AAC 34.940.

History

Authority: AS 17.20.005; AS 17.20.070; AS 17.20.200 AS 17.20.065; AS 17.20.072; AS 44.46.020 AS 17.20.066; AS 17.20.180
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 8/21/2019, Register 231

18 AAC 34.935 Inspection seal

Repealed.

History

Eff. 12/18/97, Register 144; am 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.940 Enforcement and compliance

(a) If the department finds or has cause to believe that a person is violating or about to violate a statute, regulation, lawful order, or a permit or approval, the department will, applying its enforcement discretion, take compliance action based on the nature and severity of the violation and the person's history of noncompliance.

(b) As part of a compliance action, the department will provide notice of the violation in person or by certified mail unless immediate department action is warranted by a critical violation.

(1) require that the processor provide the department with product for testing under 18 AAC 34.125, subject to the fees required by 18 AAC 34.905;

(2) require that the processor provide the department with copies of

(A) the HACCP plan under 18 AAC 34.045;

(B) the sanitation standard operating procedures under 18 AAC 34.050;

(D) any other records the department considers necessary in evaluating compliance with this chapter;

(3) detain, as described in (e) of this section, any potentially violative seafood product, food ingredient, or packaging material;

(4) require a stoppage of processing and immediate correction of a critical violation; or

(5) require other actions that the department considers necessary to protect public health and consumers.

(d) Except where the department determines that the nature of the corrective action needed may require additional time for correction and the public's health is protected,

(1) a processor shall correct violations as follows:

(A) for a critical violation, at the time of inspection;

(B) for all other violations, 30 days from the date of inspection or the date that the processor is provided notice of the violation, whichever is later; and

(2) the processor's facility is subject to a compliance reinspection; the department may conduct the compliance reinspection to verify the processor's correction of a critical violation; a compliance reinspection is subject to the processor's payment of a fee under 18 AAC 34.900(e).

(e) The department will, applying its enforcement discretion, detain a product if it finds, or has cause to believe, a seafood product for food ingredient used to process a seafood product is adulterated, misbranded, or processed or harvested in violation of this chapter. Detention under this subsection is subject to the following procedures:

(1) the department will

(A) order affixed to the seafood product or food ingredient a "detained" tag or other appropriate marking that gives notice that the seafood product or food ingredient has been detained, and warn against the removal or disposal of the seafood product or food ingredient without permission from the department or a court; a person may not move, reprocess, relabel, destroy, or otherwise terminate detention of the seafood product or food ingredient without the department's written consent;

(B) issue a notice of detention and inform the immediate custodian or owner of conditions under which the detention can be terminated; and

(2) the immediate custodian or owner may request an expedited hearing in writing not later than 30 days after receipt of the notice of detention by submitting an expedited hearing request to the commissioner and the office of administrative hearings (AS 44.64.010); if a timely request for an expedited hearing is received, the office of administrative hearings will hold an expedited hearing and make a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the notice of detention; the office of administrative hearings will hold an expedited hearing under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 not later than five working days after receipt of a request and will issue a recommended decision to the commissioner or to the commissioner's designee; the commissioner or the commissioner's designee will issue a final decision not later than five working days after the hearing, or not later than 35 days after the date of the notice of detention, whichever is later; for a fresh seafood product, the office of administrative hearings will conduct an expedited hearing and the commissioner or the commissioner's designee will issue an expedited decision;

(3) if, after issuing a notice of detention, the department finds that the seafood product or food ingredient is not adulterated, misbranded, or processed or harvested in violation of this chapter, the department will notify the immediate custodian or owner and order the detention terminated; and

(4) if the department finds that the seafood product or food ingredient is adulterated, misbranded, or processed or harvested in violation of this chapter, the department will notify the immediate custodian or owner by personal service or certified mail of the corrective action necessary, which may include destruction of the seafood product or food ingredient.

(f) The department will attempt to work with a processor to resolve noncompliance. If, after an attempt to resolve noncompliance, the department believes further attempts would not be in the public interest, or that the noncompliance represents an imminent health hazard, the department will, applying its enforcement discretion, modify, suspend, or revoke a seafood processing permit. The department will afford an opportunity for a hearing before suspending or revoking the permit, unless an inspection or investigation reveals an imminent health hazard. Except in the case of an imminent health hazard, a compliance action under this subsection is subject to the following:

(1) if the department modifies, suspends, or revokes a permit under this subsection, it will send a notice to the permittee stating that, based on the department's written findings,

(A) the permit will be modified, suspended, or revoked, effective 30 days after the date of the notice;

(B) the permittee may not continue to operate after the effective date of a suspension or revocation;

(C) the permittee may request an expedited hearing under this section not later than 10 days after receiving the notice by serving the expedited hearing request on the commissioner and the office of' administrative hearings (AS 44.64.010); and

(D) upon receipt of a timely request for an expedited hearing, the office of administrative hearings will hold an expedited hearing;

(2) the office of administrative hearings will hold an adjudicatory hearing under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 not later than 10 working days after the office of administrative hearings receives the request for an expedited hearing; the burden of proof and of going forward with the evidence is upon the division assigned to environmental health within the department;

(3) after an expedited hearing under this subsection, the office of administrative hearings will make a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision; the commissioner or the commissioner's designee will affirm, modify, or set aside the modification, suspension, or revocation.

(g) Repealed 11/5/2017.

(h) A person whose permit has been suspended or revoked may at any time request that the permit be reinstated. The request will be granted if the department finds that the person has taken adequate corrective action and has taken action necessary to avoid a reoccurrence of the violation.

History

Authority: AS 17.20.005; AS 17.20.180; AS 17.20.260 AS 17.20.065; AS 17.20.200; AS 17.20.270 AS 17.20.070; AS 17.20.230; AS 17.20.280 AS 17.20.072; AS 17.20.240; AS 17.20.305 AS 17.20.172; AS 17.20.250; AS 44.46.020
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/5/2017, Register 224; am 8/21/2019, Register 231

18 AAC 34.950 Right to appeal noncompliance decision

(a) A person subject to this chapter may seek an informal review under 18 AAC 15.185 of a department decision regarding that person's noncompliance with this chapter.

(b) If the matter being reviewed involves a fee under this chapter, the applicant need not pay the fee until the director issues a final decision under (c) of this section, and the department will not charge interest while the director considers the matter.

(c) The director's decision is a final agency decision for purposes of judicial review. Any fee that may then be due must be paid within 30 days after issuance of the decision.

(d) Nothing in this section affects a processor's rights to request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act).

History

Authority: AS 17.20.005; AS 17.20.072; AS 44.46.020 AS 17.20.065; AS 17.20.180
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152; am 7/11/2002, Register 163

18 AAC 34.960 Seafood processing facility recognition program

Repealed.

History

Eff. 12/2/99, Register 152; repealed 8/21/2019, Register 231

18 AAC 34.985 Alaska Seafood Processors and Advisory Council

The department, in cooperation with industry, establishes the Alaska Seafood Processors Advisory Council. The council's mission is to provide a forum for communication, advice, and sharing of information between the state's seafood processing industry, the department, and the scientific community. Meetings of the council are open to the public. The director of the Division of Environmental Health serves as chair of the council, and an industry representative serves as vice-chair of the council. Meetings of the council will be held at the call of the chair as money available for the work of the council allows.

History

Authority: AS 17.20.005; AS 44.46.020
Eff. 12/18/97, Register 144; readopt 12/2/99, Register 152

18 AAC 34.990 Definitions

Unless the context indicates otherwise, in this chapter

(1) "adequate" has the meaning given in 21 C.F.R. 117.3, adopted by reference in 18 AAC 34.010;

(2) "artificial coloring" means a coloring containing a dye or pigment manufactured by a process of synthesis or other similar means, or by extracting a natural dye or pigment from a plant or other material in which that dye or pigment was naturally processed;

(3) "artificial flavoring" means a flavoring containing a sapid or aromatic component manufactured by a process of synthesis or other similar means;

(4) "bulk" means 100 pounds or more shellstock, not prepackaged, sold by a harvester, shellstock shipper, or shucker-packer;

(5) "butcher" means to gut, gill, head, cut, fillet, or otherwise expose the flesh of a seafood product including

(A) exposing the scallop adductor muscle; and

(B) the recovery of roe when it will be processed or sold to be processed as a food product;

(6) "certificate of origin" means a document issued by the department upon request by a processor, that attests that the product originated in the state, based on information submitted to the department by the processor;

(7) "chemical preservative" means a chemical that, when added to a seafood product, tends to prevent or retard deterioration; "chemical preservative" does not include salt, sugar, vinegar, spices, oil extracted from spices, or substances added to a seafood product through exposure to wood smoke;

(8) "coliform bacteria" means bacteria associated with the intestinal waste of humans or other warm-blooded animals and is an indicator of the possible presence of a disease-producing organism;

(9) "colony-forming unit" or "CFU" means a colony grown from one microorganism; for purposes of analysis, one CFU represents one organism;

(10) "color additive" means a material capable, alone or through reaction with other substance, of imparting color when added or applied to a seafood product;

(11) "container" means a can, box, bag, pouch, or other receptacle in which a seafood product is enclosed;

(12) "critical control point" has the meaning given in AS 17.20.065(b);

(13) "critical violation" means a violation of a critical control point or another violation of this chapter that threatens the safety of a seafood product;

(14) "custom processor" means a person who sells or offers for sale the service of seafood processing but who does not own the seafood being processed;

(15) "decomposition" means a distinct and persistent odor, flavor, color, texture, or substance associated with seafood product spoilage or rancidity;

(16) "delivery" means the transfer seafood product to a tender vessel, buying station, or processor;

(17) "department" means the Department of Environmental Conservation;

(18) "direct-market fishing vessel" means a fishing vessel that

(A) processes the vessel operator's own catch of seafood products on board the vessel for sale as part of commerce and intended for human consumption; and

(B) has an overall length of less than 65 feet, except that a "direct-market fishing vessel" means a vessel of any length if the seafood product that is harvested by the vessel operator and processed aboard the vessel is tuna;

(19) "director" means the director of the department's division of environmental health;

(20) "domoic acid" means the poison found in shellfish due to the filtering and concentrating of the diatom, Nitzschia or Pseudonitzschia species;

(21) "easily cleanable," when referring to

(A) materials and finish, means materials and finish that allow complete removal of residue by normal cleaning methods;

(B) equipment and other items that must be cleaned, also means that the equipment and other items must be readily accessible;

(22) "eviscerate," "eviscerated," or "evisceration" means, as the term is used in reference to

(A) shellfish, that the internal organs of the shellfish are removed from the shell; and

(B) salmon, that the salmon is gutted by removing its guts, blood, and bloodline;

(23) "extensively remodeled" means a major equipment change or installation or a structural modification or improvement that revises the product flow or that adds a new processing area to an existing establishment;

(24) "facility" means the physical infrastructure, its contents, and the contiguous land or property, including all or portions of the land, docks, structures, vessels, storage plants, water supply, wastewater system, plumbing, and equipment, whether mobile or land-based, used to prepare or process seafood products for human consumption;

(25) "FDA" means the United States Food and Drug Administration;

(26) "food" has the meaning given in AS 17.20.370, including water or another beverage, a confection, condiment, food ingredient, food additive, ice, or a substance that enters into the composition of these things, whether simple, blended, mixed, or compounded;

(27) "food additive" or "food ingredient" means a substance, the intended use of which results or might result, directly or indirectly, in its becoming a part of or otherwise affecting the characteristics of a food product;

(28) "freezer" means a room, plate freezer, blast freezer, or individual freezer that freezes seafood products at 5° Fahrenheit or below, or a brine freezer that freezes seafood products at 15° Fahrenheit or below;

(29) "freezing" means to congeal or solidify the flesh of a seafood product by the removal of heat to an internal temperature of 5° Fahrenheit or below in a room, plate freezer, blast freezer, or individual freezer, or to an internal temperature of 15° Fahrenheit or below in a brine freezer;

(30) "groundfish" means any marine finfish except halibut, osmerids, herring, and salmonids;

(31) "hazard" has the meaning given "food safety hazard" in 21 C.F.R. 123.3, adopted by reference in 18 AAC 34.010;

(32) "institution" means a place of confinement such as a correctional facility;

(33) "load" means the amount of seafood product delivered at one time, or the amount that can be physically separated from other product;

(34) "lot" means the amount of a specific seafood product type and form produced and handled under similar conditions, within a limited period normally identified by means of a day, shift, or batch code;

(35) repealed 8/6/2006;

(36) "modified atmosphere packaged" means an alteration of the gaseous environment surrounding the product in a sealed package;

(37) "monitoring" means a planned sequence of observations of measurements of critical limits designed to produce an accurate record and intended to ensure that the critical limit maintains product safety and wholesomeness;

(38) "MPN" means most probable number, which is an index of the number of bacteria that more probably than any other number would give the results shown by laboratory examination, the results of which are not an actual enumeration but are taken from standardized probability tables;

(39) "oil" has the meaning given in AS 46.04.900;

(40) "oil contamination" means any sign of oil, as determined by visual, organoleptic, or analytical evaluation;

(41) "oily sheen" means an oil-based iridescence on the water;

(42) "opening" means a period of time during which the Alaska Department of Fish and Game allows commercial fishing;

(43) "PSP" means paralytic shellfish poison, a marine biotoxin due to the filtering and concentrating of the dinoflagellate Alexandrium species;

(44) "packaging" means to wrap, seal, enclose, or place a seafood product into a container;

(45) "pellicle" means a thin skin or film;

(46) "pesticide" has the meaning given in 18 AAC 90.990;

(47) "pickled seafood product" means a seafood product to which acid or acid foods have been added;

(48) "ppm" means parts per million;

(49) "processing" means an activity that changes the physical condition of a seafood product, including butchering, thermal processing, cooking, dehydrating, freezing, pickling, salting, shucking, or smoking;

(50) "processing water" means fresh or salt water used in a facility for food processing, equipment and utensil cleaning or sanitizing;

(51) "processor" means the owner, operator, or agent in charge of a seafood processing facility who is responsible for processing seafood intended for human consumption;

(52) "product certification" means a document issued by the department upon request by a processor verifying product specifications based on

(A) information submitted to the department by the processor; and

(B) an inspection conducted in the department's discretion, to determine seafood product wholesomeness, process evaluation, lot specifications, export certifications, or other things requested by the processor;

(53) "qualified laboratory" means a state, federal, or commercial laboratory that adheres to and operates under a documented quality management system that includes proficiency testing and has an accreditation or certification from a third party attesting to the technical competence within the laboratory to perform requested test, method, technology, matrix, or analyte combinations;

(54) "ready-to-eat" has the meaning given in 21 C.F.R. 117.3, adopted by reference in 18 AAC 34.010;

(55) "refrigerate" or "refrigeration" means to maintain seafood products or an enclosed area at a temperature that is above freezing and at or below 45° Fahrenheit;

(56) "Salmon Control Plan" means the voluntary cooperative agreement between participating salmon packers, the Seafood Products Association, and the FDA;

(57) "sanitize" has the meaning given in 21 C.F.R. 117.3, adopted by reference in 18 AAC 34.010;

(58) "seafood" means any species of aquatic organism, including salt water fish, freshwater fish, amphibians, crustaceans, and mollusks; "seafood" includes any part or by-product of any species of aquatic organism;

(59) "shelf-stable" means a seafood product that meets the standards of 18 AAC 34.122(a)(6);

(60) "shellfish" means all edible species of oyster, clam, mussel, and scallop, whether shucked, in the shell, fresh, or frozen, in whole or in part; "shellfish" does not include the shucked scallop adductor muscle;

(61) "shellfish growing area" means an aquatic farm for shellfish as defined in AS 16.40.199 or a natural shellfish growing area;

(62) "shellfish harvester" means a person who takes shellfish by any means from a shellfish growing area;

(63) "shellfish repacker" means a person other than the original shucker-packer who repacks previously shucked shellfish into other containers;

(64) "shellfish shipper" means a person who buys and repacks and then sells shellstock; "shellfish shipper" also means a person who ships previously shucked shellfish;

(65) "shellfish shucker-packer" means a person who shucks and packs shellfish;

(66) "shellstock" means shellfish that remain in the shells;

(67) "shucked shellfish" means shellfish, whole or in part, from which one or both shells have been removed;

(68) "smoked seafood product" means a seafood product that has been exposed to wood smoke to impart a smoked flavor;

(69) "smoke-flavored seafood product" means a seafood product to which liquid smoke has been added, either directly or as part of a brining process, to impart a smoked flavor;

(70) "tender" means a vessel that is an attendant to other vessels especially for ferrying product between ships and shore;

(71) "thermal processing" means the application of heat to render seafood free of microorganisms that are capable of reproducing in the food under normal nonrefrigerated conditions of storage or distribution;

(72) "type II marine sanitation device" means a device that produces an effluent with a fecal coliform bacteria count not greater than 200 per 100 ml. and suspended solids not greater than 150 mg/liter;

(73) "Type III marine sanitation device" means a device designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage;

(74) "unit" means an individual fish, shellfish, or seafood product;

(75) "usual business hours" means Monday through Friday, 8:00 a.m. to 5:00 p.m., and any time that catching, cleaning, harvesting, processing, maintenance, or other related activities occur at a facility;

(76) "water activity" has the meaning given in 21 C.F.R. 117.3, adopted by reference in 18 AAC 34.010;

(77) "water phase salt" means the percent salt in the finished product multiplied by 100, divided by the percent salt in the finished plus the percent moisture in the finished product, as follows:

% water phase salt = % salt x 100

% salt + % moisture

(78) "wholesome" means seafood in sound condition and free from decomposition, filth, or microbial or chemical contamination;

(79) repealed 5/3/2019;

(80) repealed 5/3/2019;

(81) "HACCP plan" means a hazard analysis critical control point plan required under AS 17.20.005, AS 17.20.065, and 18 AAC 34.045;

(82) "spp." means species;

(83) "direct-market land-based facility" means a facility that processes the operator's own catch of seafood products at the facility for sale as part of commerce and intended for human consumption;

(84) "working day" means a day other than Saturday, Sunday, or a state holiday;

(85) "shellfish reshipper" means a person who purchases shucked shellfish or shellstock from a dealer and sells the product without repacking or relabeling to another dealer, wholesaler, or retailer;

(86) "dealer" has the meaning given in the National Shellfish Sanitation Program: Guide for the Control of Mulluscan Shellfish, adopted by reference in 18 AAC 34.010.

(87) repealed 8/21/2019;

(88) repealed 8/21/2019;

(89) repealed 8/21/2019;

(90) "community public water system" has the meaning given "community water system" in 18 AAC 80.1990;

(91) "food-contact surface" has the meaning given in 21 C.F.R. 117.3, adopted by reference in 18 AAC 34.110;

(92) "non-transient non-community public water system" has the meaning given "non-transient non-community water system" in 18 AAC 80.1990.

History

Authority: AS 17.20.005; AS 17.20.065; AS 17.20.250 AS 17.20.010; AS 17.20.066; AS 17.20.260 AS 17.20.020; AS 17.20.070; AS 17.20.270 AS 17.20.030; AS 17.20.072; AS 17.20.280 AS 17.20.040; AS 17.20.180; AS 17.20.290 AS 17.20.044; AS 17.20.200; AS 17.20.305 AS 17.20.045; AS 17.20.230; AS 17.20.340 AS 17.20.050; AS 17.20.240; AS 44.46.020
Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152; am 8/6/2006, Register 179; am 11/24/2007, Register 184; am 5/3/2019, Register 230; am 8/21/2019, Register 231

Chapter 36 Animal Health

Article 1 General Animal Health Requirements

18 AAC 36.001 Purpose and applicability

(a) The purpose of this chapter is to establish animal importation regulations, prevent the introduction of animal disease that could infect the state's domestic and wildlife populations, establish animal care standards, provide for quarantine, vaccination, or depopulation in the event of a disease outbreak, ensure accurate disease diagnosis, prevent the spread of infectious, contagious, communicable, and dangerous diseases affecting domestic animals within the state, and carry out state and federal animal disease control and eradication programs.

(b) The requirements of this chapter apply to a person who

(1) imports animals and animal products into the state;

(2) owns animals;

(3) moves animals intrastate; or

(4) manufactures, transports, or imports veterinary biological products within the state.

History

Authority: AS 03.05.011; AS 03.05.090; AS 03.55.110 AS 03.05.013; AS 03.45.010; AS 03.55.130 AS 03.05.040; AS 03.45.020; AS 03.55.190 AS 03.05.050; AS 03.45.030 AS 03.05.075; AS 03.55.100
Eff. 3/24/2017, Register 221

18 AAC 36.005 Prohibited acts

(a) A person may not, unless otherwise authorized under this chapter, import an animal that

(1) is affected with an infectious, contagious, or communicable disease;

(2) is known by that person to have been exposed to an infectious, contagious, or communicable disease in the last 30 days; or

(3) originates from a quarantine area as designated by another state, the federal government, or a foreign country.

(b) Unless exempted under 18 AAC 36.020, a person who imports an animal listed in 18 AAC 36.010(a) must obtain an importation permit under 18 AAC 36.010 and a health certificate or certificate of veterinary inspection under 18 AAC 36.015 before importing the animal into the state. The importation permit and health certificate or certificate of veterinary inspection must be attached to the waybill for the animal and must accompany the animal or be in the possession of the driver of the vehicle transporting the animal or the person responsible for the animal under 18 AAC 36.010(b)(1).

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221

18 AAC 36.010 Importation permit

(a) If a person intends to import into the state one or more animals in one or more of the following classifications, a person must obtain a separate importation permit for each of the following classifications, but may obtain a single permit for one or more animals that fall within the same classification if the person provides for each animal the information required under this section:

(1) an equine;

(2) cattle, bison, or yak;

(3) a goat;

(4) a sheep;

(5) a swine;

(6) a dog, cat, or ferret that originates from an area under rabies quarantine;

(7) poultry or hatching eggs;

(8) a cervid;

(9) a camelid, as allowed by the Board of Game under 5 AAC 92.029.

(b) An application submitted under this section must identify

(1) the name, address, and contact information of the person who

(A) is importing the animal; and

(B) will be responsible for the animal in this state, if that person is different from the person under (A) of this paragraph;

(2) the age, sex, and breed of each animal to which the importation permit will apply;

(3) the physical address or point of origin of the shipment;

(4) the physical address of the destination of the shipment;

(5) the proposed method of transportation from the point of origin to the destination; and

(6) other information the state veterinarian may require, including vaccination history, exposure to disease, and identification of the animal such as an ear tag, tattoo, or microchip information.

(c) The state veterinarian may, if the state veterinarian determines that it does not threaten animal or public health, issue an importation permit. The importation permit number issued must be affixed to the health certificate or certificate of veterinary inspection described in 18 AAC 36.015 and identified on any other official document as "Alaska Permit No. _________ ."

(d) An importation permit is valid for 30 days after issuance and may not be transferred.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221

18 AAC 36.015 Importation health certificate or certificate of veterinary inspection

(a) Except as provided in 18 AAC 36.020, a person who intends to import any animal into the state shall obtain a health certificate or certificate of veterinary inspection from a licensed and accredited veterinarian in the state or country of origin. The health certificate or certificate of veterinary inspection must contain

(1) a unique number that is trackable and traceable;

(2) the name, address, and contact information of the person who

(A) is importing the animal; and

(B) will be responsible for the animal in this state, if that person is different from the person under (A) of this paragraph;

(3) the physical address or point of origin of the shipment;

(4) the physical address of the destination of the shipment;

(5) a certification that each animal to which the health certificate or certificate of veterinary inspection applies is free from clinical evidence of infectious, contagious, or communicable disease or known recent exposure to such a disease;

(6) an accurate description of each animal shipped, including

(A) breed, sex, age, color, and markings; and

(B) any brand or official animal identification number, ear tag or tattoo number, or microchip information;

(7) the dates and records of required tests or vaccinations;

(8) the date and place of examination;

(9) the name, contact information, and signature of the licensed and accredited veterinarian in the state or country of origin who is certifying the accuracy of the information on the health certificate or certificate of veterinary inspection dated before the animal is imported; and

(10) the additional information required for

(A) an equine under 18 AAC 36.105;

(B) cattle, bison, or yak under 18 AAC 36.115;

(D) a sheep under 18 AAC 36.135;

(E) a swine under 18 AAC 36.145;

(F) a dog, cat, or fenet under 18 AAC 36.155;

(G) poultry or hatching eggs under 18 AAC 36.165;

(H) a cervid under 18 AAC 36.175; and

(I) a camelid under 18 AAC 36.185.

(b) A health certificate or certificate of veterinary inspection is valid for 30 days after issuance.

(c) A veterinarian who writes a health certificate or certificate of veterinary inspection for import shall provide one copy of the health certificate or certificate of veterinary inspection to the state veterinarian.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221; am 8/7/2021, Register 239

18 AAC 36.016 Exportation health certificates

(a) A veterinarian in this state must obtain or purchase health certificates for export from the department or a source approved by the department.

(b) A veterinarian in this state, when issuing a health certificate for export, shall provide

(1) one copy of the health certificate to the person who is exporting the animal;

(2) one copy to the state veterinarian; and

(3) one copy to the state or country or destination, as required.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.020 Immediate slaughter exemption

A person who intends to import an animal into the state is not required to obtain a health certificate or certificate of veterinary inspection described in 18 AAC 36.015 if that animal is imported for immediate slaughter and

(1) an importation permit obtained under 18 AAC 36.010 accompanies the animal shipment;

(2) the waybill that accompanies the animal shipment states that the animal is for immediate slaughter;

(3) the animal is consigned to an official USDA-approved slaughter establishment operating under state or federal inspection;

(4) the animal shipment is shipped directly to the consigned slaughter establishment; and

(5) the animal will be slaughtered within 10 days after arrival at the consigned slaughter establishment except if the state veterinarian grants a time extension under this paragraph; a request for a time extension must be in writing to the state veterinarian and must include

(A) the name and contact information of the person making the request;

(B) the number of animals and their official animal identification numbers;

(D) the reason for the request.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 9/1/82, Register 83; am. 3/24/2017, Register 221

18 AAC 36.025 Vehicles

A person who provides a truck, trailer, car, railway car, aircraft, vessel, or other vehicle used to transport animals shall ensure that the vehicle is

(1) appropriate for the species and number of animals being transported;

(2) free from any hazards that may injure the animal; and

(3) maintained in a sanitary condition.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221

18 AAC 36.030 Quarantine

(a) The state veterinarian may, if the veterinarian determines it serves the interests of animal or public health, order an animal quarantined if the animal

(1) enters the state without the importation permit required under 18 AAC 36.010 or health certificate or certificate of veterinary inspection described in 18 AAC 36.015; or

(2) exhibits clinical evidence of an infectious, contagious, or communicable disease.

(b) The owner must quarantine the animal at the owner's expense until the state veterinarian releases the animal from quarantine or orders the animal euthanized, slaughtered, or destroyed.

History

Authority: AS 03.05.011; AS 03.05.050; AS 03.45.020 AS 03.05.013; AS 03.45.010; AS 03.45.030
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221

18 AAC 36.035 Equines

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.040 Cattle and bison

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.045 Goats

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.050 Sheep

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.055 Swine

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.060 Dogs and cats

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.065 Poultry and hatching eggs

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

Article 2 Specific Importation Requirements

18 AAC 36.100 Cattle

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.105 Equines

In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import equines six months of age or older into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that, not earlier than 180 days before importation, each equine tested negative for equine infectious anemia at a laboratory approved by the USDA.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.110 Goats

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.115 Cattle, bison, and yak

(a) In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import cattle, bison, or yak into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that each animal

(1) originates from a herd

(A) in a state or country designated by the USDA as free of brucellosis and tuberculosis; or

(B) from a brucellosis surveillance area designated by another state;

(2) is free of ectoparasites or has been treated for ectoparasites not earlier than 10 days before importation with an insecticide or medication approved by the USDA, FDA, or EPA, as appropriate; and

(3) is identified with official animal identification.

(b) Cattle from a brucellosis surveillance area designated by another state must test negative for brucellosis not earlier than 30 days before importation.

(c) Cattle older than six months of age must test negative for anaplasmosis and bluetongue not earlier than 60 days before importation.

(d) Bulls older than 18 months of age must test negative for trichomoniasis not earlier than 60 days before importation.

(e) The state veterinarian may, if the state veterinarian determines that testing serves the interests of animal or public health, require the owner of imported cattle, bison, or yak to

(1) retest each imported animal for brucellosis or tuberculosis not earlier than 45 days and not later than 120 days after arrival in the state; and

(2) if one or more animals are selected for retesting, keep each animal isolated from other resident livestock until retests are confirmed negative or the state veterinarian approves release of the animal.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.120 Equines; equine infectious anemia testing

Repealed.

History

Eff. 9/1/82, Register 83; am 2/19/93, Register 125; repealed 3/24/2017, Register 221

18 AAC 36.125 Goats

(a) In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import a goat into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that each goat

(1) originates from a state or country designated by the USDA as free of brucellosis and tuberculosis;

(2) is not a scrapie suspect, an exposed animal, a high-risk animal, or a flock mate from a scrapie-infected, source, or exposed flock;

(3) is free of ectoparasites or has been treated for ectoparasites not earlier than 10 days before importation with an insecticide or medication approved by the USDA, FDA, or EPA, as appropriate;

(4) is identified with official animal identification; and

(5) has tested negative for Mycoplasma ovipneumoniae not earlier than 60 days before import.

(b) The state veterinarian may, if the state veterinarian determines that testing serves the interests of animal or public health, require the owner of an imported goat to

(1) retest the imported goat for brucellosis or tuberculosis not earlier than 45 days and not later than 120 days after its arrival in the state; and

(2) if the goat is selected for retesting, keep the goat isolated from other resident livestock until retests are confirmed negative or the state veterinarian approves release of the goat.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221; am 8/7/2021, Register 239

18 AAC 36.130 Reports and forms required

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.135 Sheep

(a) In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import a sheep into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that each sheep

(1) originates from a USDA-certified scrapie-free flock, or if not from a USDA-certified scrapie-free flock, has been genetically tested and shows either

(A) "RR" at the 171 codon; or

(B) "QR" at the 171 codon and "AA" at the 136 codon;

(2) is not a scrapie suspect, an exposed animal, a high-risk animal, or a flock mate from a scrapie-infected, source, or exposed flock;

(3) if a breeding ram, originates from a brucellosis-free herd or has tested negative for Brucellosis ovis not earlier than 60 days before importation;

(4) is free of ectoparasites or has been treated for ectoparasites not earlier than 10 days before importation with an insecticide or medication approved by the USDA, FDA, or EPA, as appropriate;

(5) is identified with official animal identification; and

(6) has tested negative for Mycoplasma ovipneumoniae not earlier than 60 days before importation.

(b) Sheep older than six months of age must test negative for bluetongue not earlier than 60 days before importation.

(c) The owner shall ensure that each ram imported into the state is identified with a flock identification number not later than 60 days after entry into the state.

(d) The state veterinarian may, if the state veterinarian determines that testing serves the interests of animal or public health, require the owner of an imported sheep to

(1) retest the imported sheep for brucellosis not earlier than 45 days and not later than 120 days after its arrival in the state; and

(2) if the sheep is selected for retesting, keep the sheep isolated from other resident livestock until retests are confirmed negative or the state veterinarian approves release of the sheep.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221; am 8/7/2021, Register 239

18 AAC 36.145 Swine

(a) In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import swine into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that each swine

(1) originates from a state or country that has been designated by the USDA as free of brucellosis and is qualified by the USDA as pseudorabies stage IV or V, or if not from a state or country described in this paragraph, has tested negative for brucellosis and pseudorabies not earlier than 30 days before importation;

(2) will be reinspected not earlier than 10 days before shipment by a licensed and accredited veterinarian in the state or country of origin; and

(3) is identified with official animal identification.

(b) A person may not import a swine into the state if that swine

(1) originates from a state in which there is a quarantine for swine disease imposed by the USDA or a state animal health official;

(2) originates from a country in which there is a quarantine for swine disease imposed by the USDA;

(3) is vaccinated for pseudorabies;

(4) has been fed raw garbage at any time; or

(5) is feral.

(c) The state veterinarian may, if the state veterinarian determines that testing serves the interests of animal or public health, require the owner of an imported swine to

(1) retest the imported swine for brucellosis or pseudorabies not earlier than 45 days and not later than 120 days after its arrival in the state; and

(2) if the swine is selected for retesting, keep the swine isolated from other resident livestock until retests arc confirmed negative or the state veterinarian approves release of the swine.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.155 Dogs, cats, and ferrets

In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import a dog, cat, or ferret into the state shall ensure that each animal is accompanied by a current rabies certificate that complies with the requirements under 7 AAC 27.022. If the initial rabies vaccination was administered later than 30 days before import, the owner or custodian shall confine the animal for the balance of the 30 days.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.165 Poultry and hatching eggs

(a) In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import poultry or hatching eggs into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that the poultry or hatching eggs

(1) originate from a flock that tested negative for pullorum and typhoid disease; or

(2) were produced in compliance with

(A) 9 C.F.R. 145. - 145.54 (national poultry improvement plan for breeding poultry), adopted by reference in 18 AAC 36.920;

(B) 9 C.F.R. 147.1 - 147.48 (auxiliary provisions of national poultry improvement plan), adopted by reference in 18 AAC 36.920; and

(b) A complete APHIS VS Form 9-3, Report of Sales of Hatching Eggs, Chicks, and Poults, may be substituted for the health certificate or certificate of veterinary inspection described in (a) of this section.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.175 Cervids

(a) In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import a cervid into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that each cervid

(1) originates from a herd designated by a state as free of brucellosis and tuberculosis or has tested negative for brucellosis and tuberculosis not earlier than 60 days before importation;

(2) for 60 months before shipment, has not resided within 10 miles of a cervid diagnosed with chronic wasting disease;

(3) originates from a herd that participates in a USDA or state chronic wasting disease herd certification program and has achieved five-year chronic wasting disease certified status before shipment;

(4) is free of ectoparasites or was treated for ectoparasites not earlier than 10 days before importation with an insecticide or medication approved by the USDA, FDA, or EPA, as appropriate;

(5) has received not earlier than 20 days before importation an appropriate anthelmintic medication approved by the USDA, FDA, or EPA, as appropriate; and

(6) does not originate from, and has not ever been located, east of 97° west longitude in the United States or Canada.

(b) The state veterinarian may, if the state veterinarian determines that testing serves the interests of animal or public health, require an owner of an imported cervid to

(1) retest the imported cervid for brucellosis or tuberculosis not earlier than 45 days and not later than 120 days after its arrival in the state; and

(2) if the cervid is selected for retesting, keep the cervid isolated from other resident livestock until retests are confirmed negative or the state veterinarian approves release of the animal.

(c) Except as provided in this section, a person may not import any whole or partial cervid carcasses. Carcass parts from Cervidae that may be imported are

(1) de-boned or processed meat that has been cut and wrapped commercially or privately;

(2) quarters or other meal portions with no spinal column, including dorsal root ganglion, or head attached;

(3) hides with no head attached;

(4) clean and disinfected skull plates or whole skull (European mount), with no meat or nervous tissue attached;

(5) antlers with no meat or tissue attached;

(6) teeth; and

(7) taxidermy mounts or trophies.

(d) A person who is notified that a carcass imported into the state tested positive for chronic wasting disease shall report these findings to the state veterinarian not later than seven days after receiving notification.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.030 AS 03.05.075; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.185 Camelids

In addition to meeting the requirements of 18 AAC 36.010 - 18 AAC 36.015, a person who intends to import a camelid into the state shall ensure that the health certificate or certificate of veterinary inspection includes certification that each camelid

(1) originates from a state or country designated by the USDA as free of brucellosis and tuberculosis or has tested negative for brucellosis and tuberculosis not earlier than 60 days before importation;

(2) is free of ectoparasites or was treated for ectoparasites not earlier than 10 days before importation with an insecticide or medication approved by the USDA, FDA, or EPA, as appropriate; and

(3) is identified by a tattoo, ear tag, USDA-approved hairclip, or microchip information.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

Article 3 Disease Control

18 AAC 36.200 Manufacture and importation restrictions

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.205 Animal testing

(a) When animals are to be tested by the state veterinarian, the animal owner shall ensure that

(1) they are presented in a confined manner;

(2) facilities are provided and used to assure convenient and safe examination and testing activities; these facilities may include corrals, chutes, and stanchions; and

(3) animals are handled by the owner during test activities.

(b) Testing by a laboratory of samples collected under this section shall be conducted at the owner's expense.

(c) Only a veterinarian licensed under AS 08.98 may collect a sample for laboratory testing that is required under this chapter. A veterinarian's services under this subsection are at the owner's expense.

History

Authority: AS 03.05.011; AS 03.05.040; AS 03.45.020 AS 03.05.013; AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.209 Animal quarantine and depopulation

(a) Owners of animals designated for quarantine or depopulation shall

(1) maintain the animals in the quarantine area or holding site designated by the state veterinarian in accordance with 18 AAC 36.500 - 18 AAC 36.540 (animal care standards);

(2) maintain the animals at the owners' own expense;

(3) allow access to the animals and property for purposes of observation, testing, and destruction as the department determines necessary for disease control; and

(4) allow for disposal of the animals; disposal may include burial of the animals on the owners' property if the department determines it appropriate.

(b) Owners may not attempt to move any animals out of a designated quarantine area without permission from the state veterinarian.

History

Authority: AS 03.05.011; AS 03.05.040; AS 03.45.010 AS 03.05.013; AS 03.05.050; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.210 Use restrictions

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.215 Disease identification and reporting

(a) Any of the following persons shall report the discovery of, the existence of, or the suspected existence of a disease listed in this section within any animal in this state to the department as set out in this section:

(1) a veterinarian;

(2) the animal owner;

(3) the designated representative of a laboratory that conducts animal disease testing.

(b) A person set out in (a) of this section shall, on the day of discovery, report by telephone, electronic mail, or facsimile transmission to the state veterinarian the discovery of, the existence of, or the suspected existence of any of the following foreign or eradicated diseases:

(1) Akabane disease;

(2) African horse sickness;

(3) African swine fever;

(4) bovine spongiform encephalopathy;

(5) caprine and ovine brucellosis;

(6) classical swine fever (hog cholera);

(7) contagious bovine pleuropneumonia (Mycoplasma mycoides mycoides);

(8) contagious equine metritis (Taylorella equigenitalis);

(9) contagious agalactia (Mycoplasma spp);

(10) contagious caprine pleuropneumonia;

(11) Crimean Congo hemorrhagic fever;

(12) dourine (Trypanosoma equiperdum);

(13) enterovirus encephalomyelitis (exotic strains);

(14) epizootic lymphangitis;

(15) equine piroplasmosis (Theileria equi, Babesia caballi);

(16) virulent (velogenic and mesogenic strains) Newcastle disease;

(17) foot and mouth disease;

(18) glanders;

(19) heartwater;

(20) Hendra virus disease;

(21) horse pox;

(22) Japanese encephalitis;

(23) leishmaniasis;

(24) lumpy skin disease;

(25) malignant catarrhal fever (foreign strain);

(26) Nairobi sheep disease;

(27) ovine pulmonary adenomatosis;

(28) peste des petits ruminants;

(29) rabbit hemorrhagic disease (RHDV, RHDVa, RHVD2);

(30) Rift Valley fever;

(31) rinderpest;

(32) Salmonella abortus ovis;

(33) screwworm;

(34) pox in sheep or goats;

(35) Seneca Valley virus;

(36) surra (Trypanosoma evansi);

(37) theileriasis (Theilera parva, T annulata, and other foreign species);

(38) trypanosomiasis (Trypanosoma congolense, T vivax, T. brucei brucei);

(39) Venezuelan equine encephalomyelitis.

(c) A person set out in (a) of this section shall, on the day of discovery, report by telephone, electronic mail, or facsimile transmission to the state veterinarian the discovery of, the existence of, or the suspected existence of any of the following diseases:

(1) anthrax;

(2) bovine babesiosis;

(3) cattle fever tick (Boophilus annulatus, B. microplus);

(4) contagious foot rot;

(5) duck virus enteritis;

(6) highly pathogenic avian influenza (fowl plague);

(7) porcine coronaviruses (PEDv, TGE, Delta);

(8) low pathogenic avian influenza (H5 and H7 subtypes);

(9) rabies;

(10) swine vesicular disease;

(11) sylvatic plague;

(12) vesicular stomatitis;

(13) theileriosis;

(14) trichomonosis;

(15) West Nile virus.

(d) A person set out in (a) of this section shall, at least the next working day after discovery, report by telephone, electronic mail, or facsimile transmission to the state veterinarian the discovery of, the existence of, or the suspected existence of any of the following diseases:

(1) avian infectious laryngotracheitis where there are

(A) clinical signs;

(B) viral culture; or

(2) brucellosis where there is

(A) positive serology;

(B) abortion; or

(3) chronic wasting disease where there are

(A) clinical signs;

(B) histopathology; or

(4) contagious ecthyma where there are

(A) clinical signs; or

(B) virus isolation;

(5) eastern or western equine encephalitis where there are

(A) clinical signs;

(B) histopathology; or

(6) fowl typhoid (Salmonella gallinarum) where there is

(A) bacterial culture; or

(B) positive serology;

(7) infectious coryza where there are

(A) clinical signs;

(B) bacterial culture; or

(8) Lyme disease where there are

(A) clinical signs; or

(B) positive serology;

(9) ornithosis or psittacosis in birds where there is

(A) bacterial culture;

(B) positive serology; or

(10) Potomac horse fever where there are

(A) clinical signs; or

(B) positive serology;

(11) pseudorabies where there is positive serology;

(12) pullorum disease (Salmonella pullorum) where there is

(A) bacterial culture; or

(B) positive serology;

(13) scrapie where there are

(A) clinical signs;

(B) histopathology; or

(14) tuberculosis where there are

(A) clinical signs or history of exposure;

(B) responses to a tuberculin test;

(D) acid fast organisms not identified as Johne's or benign types;

(E) bacterial culture positive for Mycobacterium tuberculosis, M. bovis, or M. avium in a mammal; or

(F) other laboratory tests positive for Mycobacterium tuberculosis, M. bovis, or M. avium in a mammal;

(15) tularemia where there are

(A) clinical signs;

(B) serology; or

(e) A person set out in (a) of this section shall, not later than the fifth working day of each month, report to the state veterinarian the first case of any of the following diseases as diagnosed by a laboratory performing testing or diagnostic procedures on any animal during the previous month:

(1) anaplasmosis;

(2) atrophic rhinitis;

(3) avian infectious bronchitis;

(4) avian tuberculosis;

(5) babesiosis;

(6) bluetongue;

(7) bovine genital campylobacteriosis;

(8) caprine arthritis encephalitis;

(9) cysticercosis;

(10) Cryptococcus gatti;

(11) dermatophilosis (Dermatophilus congolensis);

(12) duck viral hepatitis;

(13) echinococcosis (hydatidosis);

(14) enzootic abortion of ewes (ovine psittacosis, Chlamydia psittaci);

(15) enzootic bovine leukosis;

(16) epizootic hemorrhagic disease;

(17) equine infectious anemia;

(18) equine influenza (virus type A);

(19) equine rhinopneumonitis (EHV-1 and EHV-4);

(20) equine viral arteritis;

(21) fowl cholera (Pasteurella multocida);

(22) fowl pox;

(23) hemorrhagic septicemia (Pasteurella multocida);

(24) horse mange;

(25) infectious bursal disease (Gumboro disease);

(26) infectious bovine rhinotracheitis or infectious pustular vulvovaginitis;

(27) leptospirosis;

(28) maedi-visna virus or ovine progressive pneumonia;

(29) Marek's disease;

(30) Mycoplasma ovipneumonia in any cloven hoofed species;

(31) mycoplasmosis (Mycoplasma gallisepticum);

(32) ovine epididymitits (Brucella ovis);

(33) paratuberculosis (Johne's disease);

(34) porcine reproductive and respiratory syndrome;

(35) Q fever (Coxiella burnetii);

(36) transmissible gastroenteritis;

(37) trichomoniasis;

(38) turkey rhinotracheitis (avian pneumovirus).

(f) A person set out in (a) of this section shall, not later than the 10th working day of each month, report to the state veterinarian the first case of any of the following diseases where there are clinical signs or as diagnosed by a laboratory performing testing or diagnostic procedures on any animal during the previous month:

(1) Aleutian disease in mink;

(2) blackleg;

(3) bovine viral diarrhea;

(4) botulism;

(5) campylobacteriosis;

(6) Corynebacterium pseudotuberculosis (pigeon fever);

(7) cryptosporidiosis;

(8) distemper in dogs or mink;

(9) edema disease;

(10) equine protozoal myeloencephalitis;

(11) equine viral rhinopneumonia;

(12) erysipelas;

(13) heartworm;

(14) histoplasmosis;

(15) influenza in swine or equines;

(16) listeriosis;

(17) malignant edema in equines or cattle;

(18) malignant catarrhal fever;

(19) mycotic stomatitis;

(20) myxomatosis;

(21) Newcastle disease (lentogenic or low pathogenic strain);

(22) salmonellosis, including

(A) Salmonella paratyphi, S. enteritidis, and S. typhimurium in poultry;

(B) DT 104, S. dublin, and S. newport in cattle; and

(23) scabies in swine or other livestock (nonotodectic mange);

(24) strangles (confirmed Streptococcus equi);

(25) tetanus (Clostridium tetani);

(26) transmissible encephalopathy in mink;

(27) toxoplasmosis;

(28) vesicular exanthema.

(g) The department may request a report on an animal disease other than those listed in this section for statistical purposes to assist with disease control measures if the department determines that the reporting serves the interests of animal or public health.

(h) A veterinarian may report any other disease if the veterinarian determines that the reporting assists disease control measures or serves the interests of animal or public health.

(i) Case definitions for the diseases listed in this section are included in the World Organisation for Animal Health's (OIE) Terrestrial Animal Health Code, 25th edition, 2016, adopted by reference.

(j) The department may require a person set out in (a) of this section to report to the state veterinarian any emerging animal pathogen that could pose a significant animal or public health risk.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221; am 8/7/2021, Register 239

18 AAC 36.220 Emergency appointment of private individuals for disease control activities

The commissioner may designate private veterinarians or other persons to assist in disease control activities in an emergency situation when extra personnel resources are needed to manage the situation. Those designees shall

(1) take directions from the state veterinarian or the state veterinarian's designee; and

(2) be licensed and accredited veterinarians if they are involved in an animal health emergency or a disease investigation, such as collecting samples or performing diagnostic tests.

History

Authority: AS 03.05.011; AS 03.05.013
Eff. 3/24/2017, Register 221

18 AAC 36.225 Equine infectious anemia

Equine infectious anemia disease control activities in this state will be conducted in accordance with Equine Infectious Anemia: Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.235 Brucellosis and tuberculosis eradication; cattle, bison, and yak

(a) Brucellosis disease control activities relating to cattle, bison, and yak in this state will be conducted in accordance with Brucellosis Eradication: Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

(b) Tuberculosis disease control activities relating to cattle, bison, and yak in this state will be conducted in accordance with Bovine Tuberculosis Eradication Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.240 Ruminants used for cheese production

Goats and other ruminants milked for commercial cheese production must test negative for brucellosis, tuberculosis, and any other disease the state veterinarian may designate as harmful to public health. Additions to the herd must meet the requirements of this section not earlier than 30 days before introduction into the herd.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.245 Scrapie in sheep and goats

Scrapie disease control activities relating to sheep and goats in this state will be conducted in accordance with Scrapie Eradication Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.255 Pseudorabies in swine

Pseudorabies disease control activities relating to swine in this state will be conducted in accordance with Pseudorabies Eradication, State-Federal-Industry Program Standards, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.260 Brucellosis in swine

Brucellosis disease control activities relating to swine in this state will be conducted in accordance with Swine Brucellosis Control/Eradication, State-Federal-Industry Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.265 Johne's disease

Johne's disease control activities will be conducted in accordance with Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.275 Brucellosis in captive cervids

Brucellosis disease control activities relating to captive cervids in this state will be conducted in accordance with Brucellosis in Cervidae: Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010 AS 03.05.075; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.280 Tuberculosis in captive cervids

Tuberculosis disease control activities relating to captive cervids in this state will be conducted in accordance with Bovine Tuberculosis Eradication Uniform Methods and Rules, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010 AS 03.05.075; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.285 Chronic wasting disease in captive cervids

Chronic wasting disease control activities relating to captive cervids in this state will be conducted in accordance with Chronic Wasting Disease Program Standards, adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011; AS 03.45.010 AS 03.05.075; AS 03.45.020
Eff. 3/24/2017, Register 221

18 AAC 36.290 Animal feed recalls

(a) The department may stop the sale or feeding of animal feed that is determined to be a threat to animal or public health.

(b) The department may confiscate samples of that feed as needed for laboratory testing and analysis, without reimbursement to the owner.

History

Authority: AS 03.05.011
Eff. 3/24/2017, Register 221

18 AAC 36.295 Animal identification systems

(a) The department may develop and maintain a database for tracking intrastate movements of animals as needed for animal health purposes.

(b) The department will operate a voluntary premises registration program

(1) for livestock owners, veterinary clinics, and other places where livestock may gather; and

(2) that conforms to 9 C.F.R. Part 86 (animal disease traceability), adopted by reference in 18 AAC 36.920.

History

Authority: AS 03.05.011
Eff. 3/24/2017, Register 221

Article 4 Intrastate Movement

18 AAC 36.310 Cervids

(a) A person who intends to transport a cervid intrastate, other than for immediate slaughter or exhibition at a fair, must first obtain an intrastate cervid movement permit from the department.

(b) An application submitted under this section must include

(1) the name and contact information of the person who

(A) is transporting the cervid; and

(B) will be responsible for the cervid while in transport, if that person is different from the person under (A) of this paragraph;

(2) the age and sex of each animal to which the intrastate cervid movement permit will apply;

(3) the physical address or point of origin of the shipment;

(4) the physical address of the destination of the shipment;

(5) the proposed method of transportation from the point of origin to the destination;

(6) certification that each cervid over six months of age has tested negative for brucellosis; and

(7) other information the state veterinarian may require, including vaccination history, exposure to disease, and identification of the animal such as an ear tag, tattoo, or microchip information.

(c) The state veterinarian may, if the state veterinarian determines that it does not threaten animal or public health, issue an intrastate cervid movement permit.

(d) An intrastate cervid movement permit is valid for 30 days after issuance and may not be transferred.

(e) Each cervid shall be identified by an ear tag, registered ear notch, tattoo, or microchip information before transport.

History

Authority: AS 03.05.011; AS 03.45.010 AS 03.05.075; AS 03.45.020
Eff. 3/24/2017, Register 221

Article 5 Importation and Use of Veterinary Biological Products

18 AAC 36.410 Manufacture, transport, and import of veterinary biological products

(a) A person may not manufacture, transport, or introduce a veterinary biological product in the state without a permit from the department. The permit application must include the

(1) name and contact information of the applicant;

(2) name and use of each product;

(3) USDA product code; and

(4) copy of the applicant's USDA-issued biologic license under 9 C.F.R. Parts 101 - 124.

(b) The state veterinarian may, if the state veterinarian determines that it does not threaten animal or public health, issue a permit under this section with or without sale or use restrictions.

(c) The state veterinarian may revoke or suspend a permit issued under this section if the state veterinarian determines that it serves the interests of animal or public health.

History

Authority: AS 03.05.011; AS 03.05.013
Eff. 3/24/2017, Register 221

Article 6 Animal Care Standards

18 AAC 36.500 General care standards

(a) Determinations regarding whether the animal care standards set out in 18 AAC 36.500 - 18 AAC 36.540 are met must take into account the age, breed, type, size, physiologic condition, production level, stage of development, daily maintenance requirements necessary for that particular animal, and environmental conditions.

(b) Animals with body conditions lower than standards may be permitted for a reasonable period of time if stage or level of production, physiologic conditions, or other factors result in that appearance, during which time the animal's management is being altered to improve the condition. For purposes of assessing body condition under this subsection, "a reasonable period of time" means the amount of time it would be expected to take to restore an animal to an acceptable condition, using diligent efforts to do so.

(1) an animal being transported may not be deprived of food or water for 28 consecutive hours;

(2) day-old poultry may be transported without food and water, if

(A) the poultry is delivered not later than 72 hours after hatching; and

(B) food and water are provided immediately following unloading; and

(3) food may be kept from adult poultry during an induced molt for no longer than 14 days; mortality and body weight loss must be monitored daily throughout the molt; feed must be returned if the average weight loss exceeds 30 percent of pre-molt weight or if mortality increases.

(d) Sick or injured animals shall be promptly treated utilizing available medical care or humanely euthanized.

(e) Animals must be transported or housed in an area with adequate drainage and sanitation to prevent excessive buildup of feces, urine, or water. In this subsection, "excessive" means adequate to cause visible skin, foot, or hoof disease.

(f) When necessary, euthanasia must be administered in a humane manner that conforms to the American Veterinary Medical Association's (AVMA) Guidelines for the Euthanasia of Animals: 2020 Edition, adopted by reference. In cases where gunshot is the only practical euthanasia method to prevent possible human exposure to rabies, and preserving the brain is necessary for laboratory testing, the gunshot may be to the heart area rather than the head.

(g) Nothing in 18 AAC 36.500 - 18 AAC 36.540 prohibits an owner from providing medical care and treatment to the owner's own animals if the medical care and treatment are performed in a sanitary manner, in a way that minimizes pain, and in compliance with all local, state, and federal laws.

(h) Nothing in 18 AAC 36.500 - 18 AAC 36.540 prohibits de-horning or disbudding, removing extra teats, tail docking, tattooing, branding, castrating, or other routine animal husbandry practices if they are performed in a sanitary manner and in a way that minimizes pain.

(i) A person may not cause, sponsor, arrange, hold, or encourage an animal to fight, menace, or injure another animal for the purpose of sport, amusement, or pecuniary gain.

History

Authority: AS 03.05.011; AS 03.55.110; AS 03.55.130 AS 03.55.100; AS 03.55.120
Eff. 3/24/2017, Register 221; am 8/7/2021, Register 239

18 AAC 36.510 Equines

(a) Each equine must have daily access to sufficient and nutritious feed to allow for growth and maintenance or adequate body weight or body condition to score at least a level 2.0 on the body condition scoring method described in C.L. Carroll and P.J. Huntington's Body Condition Scoring and Weight Estimation of Horses, published in the Equine Veterinary Journal, 1988, and adopted by reference.

(b) Each equine must have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the animal's hydration status.

(d) Transport vehicles must be designed and constructed in a manner that protects the health and well-being of the equine, with adequate ventilation and no sharp protuberances. The vehicle must be of sufficient size to allow the equine to stand with head and neck extended to its fullest postural height. The vehicle must be equipped with doors and ramps, if needed, of sufficient size and location to provide for safe loading and unloading.

(e) Each equine must have routine hoof care.

History

Authority: AS 03.05.011; AS 03.55.110; AS 03.55.130 AS 03.55.100; AS 03.55.120
Eff. 3/24/2017, Register 221

18 AAC 36.520 Cattle and other ruminants

(a) Dairy cows must have daily access to sufficient and nutritious feed to allow for growth and maintenance of adequate body weight or body condition to score at least a level 2.0 on the body condition scoring method described in R.A. Patton, H.F. Bucholtz, M.K. Schmidt, and F.M. Hall's, Body Condition Scoring - A Management Tool, Department of Animal Science, Michigan State University, September 1988, adopted by reference.

(b) Replacement dairy heifers must have daily access to sufficient and nutritious feed to allow for growth and maintenance of adequate body weight or body condition to score at least a level 2.0 on the body condition scoring method described in M.A. Wattiaux's Body Condition Scores, Chapter 12 of Dairy Essentials, Babcock Institute for International Dairy Research and Development, University of Wisconsin-Madison, 1999, adopted by reference.

(c) Beef cattle must have daily access to sufficient and nutritious feed to allow for growth and maintenance of adequate body weight or body condition to score at least a level 2.0 on the body condition score method described in M.L. Westendorf and R.C. Mickel's Beef Cow Condition Scoring, Rutgers Cooperative Research & Extension, New Jersey Agricultural Experiment Station, July 1994, adopted by reference.

(d) Other cattle and ruminants for which body condition score standards and methods are not published must meet or exceed an appearance comparable to the most appropriate method described in (a) - (c) of this section.

(e) Cattle and other ruminants must have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the animal's hydration status.

(f) Cattle being transported may not be held on a transport vehicle for more than 28 consecutive hours.

(g) Cattle transported for any purpose must be handled and transported in a manner that minimizes injury, illness, and death. They must be able to stand in normal posture within the vehicle and may not be overcrowded so as to cause unnecessary injury or hyperthermia.

(h) Cattle shall be grouped according to size and behavior when in a vehicle.

(i) Non-ambulatory disabled cattle and other animals unable to move shall be separated from ambulatory cattle for transport. Those animals may not be dragged while conscious, except if necessary to provide lifesaving treatment.

(j) Cattle shall be handled humanely at all times, even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury.

(k) For cattle intended to be raised as veal, the owner shall provide an environment that prevents injury to calves and allows proper ventilation, temperature, and humidity control. The calves shall be permitted to stretch, stand, and lie down comfortably.

(l) Ruminants not in transit may be tied using neck halters or neck bands in the ruminants' stalls or to stationary objects for up to 12 hours if feed and water are not available, or for longer periods of time if feed and water are offered at reasonable intervals and the ruminants can lie down safely.

History

Authority: AS 03.05.011; AS 03.55.110; AS 03.55.130 AS 03.55.100; AS 03.55.120
Eff. 3/24/2017, Register 221

18 AAC 36.530 Swine

(a) Swine must have daily access to sufficient and nutritious feed to allow for growth and maintenance of adequate body weight or body condition to score at least a level 2.0 on the body condition score method described in R.D. Coffey, G.R. Parker, and K.M. Laurent's Assessing Sow Body Condition, Cooperative Extension Service, College of Agriculture, University of Kentucky, 1999, adopted by reference.

(b) Each swine must have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the animal's hydration status.

(d) Swine transported for any purpose must be handled and transported in a manner that minimizes injury, illness, and death. They must be able to stand in normal posture within the vehicle.

(e) Swine shall be grouped according to size and behavior when in a vehicle.

(f) Non-ambulatory disabled swine unable to move shall be separated from ambulatory animals for transport. Those animals may not be dragged while conscious, except if necessary to provide lifesaving treatment.

(g) Swine shall be handled humanely at all times, even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury.

(h) Stalls may be used to feed and monitor individual sows and gilts and to minimize injury to piglets. For each stall,

(1) the sow's head must have a place to rest that is not

(A) on an adjacent feeder; or

(B) in the water trough;

(2) the sow's rear quarters may not be in contact with the back of the stall with her nose in contact with the front of the stall; and

(3) a pregnant sow's stall must be wide enough to allow the sow to stand up and lie down unimpeded, rest, and move her head freely.

History

Authority: AS 03.05.011; AS 03.55.110; AS 03.55.130 AS 03.55.100; AS 03.55.120
Eff. 3/24/2017, Register 221

18 AAC 36.540 Dogs

(a) A dog's environment must provide relief from the elements such as excessive wind, excessive temperature, and excessive precipitation that results in hyperthermia or hypothermia detrimental to the dog's health.

(b) Relief from the elements may be accomplished with natural environmental elements, including trees, land, windbreaks, overhangs, or other natural weather barriers, or with constructed shelters. If a constructed shelter is used, it must be of sufficient size to allow the dog to stand up, turn around, and stretch out inside the sheller.

History

Authority: AS 03.05.011; AS 03.55.110; AS 03.55.130 AS 03.55.100; AS 03.55.120
Eff. 3/24/2017, Register 221

Article 7 General Provisions

18 AAC 36.900 Waiver of requirements

(a) The department will, if the department finds that animal and public health is protected and the purpose of the requirement is otherwise satisfied, waive a requirement of this chapter.

(b) A person seeking a waiver under this section must submit an application to the department. The application must be made in writing and must

(1) specify the requirement for which the waiver is sought;

(2) state the reasons why the requirement cannot be met; and

(3) describe the alternative method proposed for meeting the purpose of the requirement.

(c) The department will grant or deny a request for a waiver, with or without conditions, in writing not later than 30 days after the application is received.

History

Authority: AS 03.05.011
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221

18 AAC 36.910 Mutilation, obliteration, or removal of identification prohibited

A person may not obliterate, mutilate, or remove an identification mark, brand, tattoo, or ear tag required under this chapter.

History

Authority: AS 03.05.011; AS 03.45.010
Eff. 9/1/82, Register 83; am 3/24/2017, Regiser 221

18 AAC 36.915 Fees

(a) The following fees apply to requests to the department for laboratory analysis and testing for

(1) avian influenza: $45;

(2) Newcastle disease virus: $45;

(3) West Nile virus: $45.

(b) The department may conduct analyses after normal state laboratory working hours as follows:

(1) after normal working hours, except as provided in (2) of this subsection, the fee is one and one-half times the fee set out in (a) of this section;

(2) on a Sunday or holiday, the fee is twice the fee set out in (a) of this section.

History

Authority: AS 03.05.011; AS 44.46.020; AS 44.46.025
Eff. 8/2/2006, Register 179; am 3/24/2017, Register 221

18 AAC 36.920 Adoption by reference

(a) The following federal regulations are adopted by reference:

(1) 9 C.F.R. Part 78 (brucellosis), revised as of January 1, 2016;

(2) 9 C.F.R. Part 86 (animal disease traceability), revised as of January 1, 2016;

(3) 9 C.F.R. 145. - 145.54 (national poultry improvement plan for breeding poultry), revised as of January 1, 2016;

(4) 9 C.F.R. 147.1 - 147.48 (auxiliary provisions of national poultry improvement plan), revised as of January 1, 2016;

(5) 9 C.F.R. 160.1 - 161.6 (accreditation of veterinarians), revised as of January 1, 2016.

(b) The following documents are adopted by reference:

(1) USDA, APHIS 91-55-064, Equine Infectious Anemia: Uniform Methods and Rules, effective January 10, 2007, except for testing requirements under 11. .1. ., b., and c., and control procedures under 11. .2. 3. and 4.

(2) USDA, APHIS 91-45-013, Brucellosis Eradication: Uniform Methods and Rules, effective October 1, 2003;

(3) USDA, APHIS 91-45-011, Bovine Tuberculosis Eradication: Uniform Methods and Rules, effective January 1, 2005;

(4) USDA, APHIS 91-55-079, Scrapie Eradication Uniform Methods and Rules, effective June 1, 2005;

(5) USDA, APHIS 91-55-071, Pseudorabies Eradication, State-Federal-Industry Program Standards, effective November 1, 2003;

(6) USDA, APHIS 91-55-042, Swine Brucellosis Control/Eradication, State-Federal-lndustry Uniform Methods and Rules, effective April 1998;

(7) USDA, APHIS 91-45-016, Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program, effective September 1, 2010;

(8) USDA, APHIS 91-45-16, Brucellosis in Cervidae: Uniform Methods and Rules, effective September 30, 2003;

(9) USDA, APHIS, Chronic Wasting Disease Program Standards, effective May 2014;

(10) USDA, APHIS, Scrapie Program Standards Volume 2: Scrapie Free Flock Certification Program, effective June 2013;

(11) USDA, APHIS, National Poultry Improvement Plan Program Standards, August 2014.

History

Authority: AS 03.05.011; AS 03.45.010; AS 03.45.030 AS 03.05.075; AS 03.45.020
Eff. 9/1/82, Register 83; am 3/24/2017, Register 221

18 AAC 36.930 Definitions

Repealed.

History

Eff. 9/1/82, Register 83; repealed 3/24/2017, Register 221

18 AAC 36.935 Expedited hearings

(a) If the state veterinarian determines that an animal poses an immediate threat to the health or safety of an animal or the public, the department may take custody, destroy, impose a quarantine, place an embargo, or take other action as to an animal by serving written notice on the owner or person responsible for the animal.

(b) If the state veterinarian determines that the animal does not pose an immediate threat to the health or safety of an animal or the public, the department will, through written notice, inform the owner or person responsible of the opportunity to request an expedited hearing not later than 10 days after receiving the notice of action. In this case, the notice of action is not effective until after the 10-day period or after any expedited hearing under (c) of this section is concluded, whichever is later.

(c) Upon receiving a timely request for expedited hearing under (b) of this section, the commissioner will request that the Office of Administrative Hearings (AS 44.64.010) conduct an expedited hearing and prepare a recommended decision for the commissioner or the commissioner's designee. If the Office of Administrative Hearings declines the request, the department will conduct the expedited hearing. The expedited hearing will be held under AS 44.62.330 - 44.62.630 (Administrative Procedure Act) not later than 14 days after the department receives the request for expedited hearing. The commissioner or the commissioner's designee will issue a final decision not later than seven days after receiving a recommended decision from the Office of Administrative Hearings or a recommended decision under AS 44.62.500 after the conclusion of the expedited hearing.

History

Authority: AS 03.05.011; AS 03.45.020 AS 03.45.010; AS 03.45.030
Eff. 3/24/2017, Register 221

18 AAC 36.940 Informal reviews and non-expedited hearings

If the department denies a permit, rejects a health certificate, or denies any approval, the owner or person responsible for an animal may request an informal review under 18 AAC 15.185 or may request an adjudicatory hearing under AS 44.62.330 - 44.62.630 (Administrative Procedure Act). An adjudicatory hearing is requested by submitting a request for hearing to the commissioner not later than 30 days after the issuance by the department of the denial or rejection. If a timely request for adjudicatory hearing is received, the commissioner will request that the office of administrative hearings (AS 44.64.010) conduct a hearing and prepare a recommended decision for the commissioner or the commissioner's designee. If the office of administrative hearings declines the request, the department will conduct the hearing.

History

Authority: AS 03.05.011
Eff. 3/24/2017, Register 221; am 11/5/2017, Register 224

18 AAC 36.990 Definitions

In this chapter, unless the context requires otherwise,

(1) "accredited veterinarian" means a veterinarian accredited by the USDA under 9 C.F.R. 160.1 - 161.6 to practice veterinary medicine, surgery, and dentistry;

(2) "animal" has the meaning given in AS 03.05.100;

(3) "APHIS" means the USDA Animal and Plant Health Inspection Service;

(4) "camelid" means a species of alpaca, llama, camel, or other member of the family Camelidae;

(5) "captive cervid" means a cervid raised under confinement or agricultural conditions for the production of food, for sport, as a pet, or for exhibition;

(6) "cattle" means a cow, bull, steer, heifer, or other member of the species Bos taurus;

(7) "cervid" means a species of deer, elk, moose, or other member of the family Cervidae;

(8) "clinical signs" means evidence or symptoms of a disease exhibited by an animal that a person can observe, touch, smell, or hear;

(9) "communicable disease" means a disease due to a specific infectious agent or its toxic products transmitted from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly, through an intermediate plant or animal host, vector, or the environment;

(10) "contagious disease" means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human;

(11) "department" means the Department of Environmental Conservation;

(12) "domestic animal" has the meaning given in AS 03.35.070;

(13) "EPA" means the United States Environmental Protection Agency;

(14) "equine" means a horse, mule, ass, pony, zebra, or other member of the family Equidae;

(15) "exposed animal" means an animal that has been on infected premises or that has associated with another animal known to be infected with any infectious, contagious, or communicable disease, as determined by the state veterinarian;

(16) "fair" means an event that primarily consists of displays, exhibitions, demonstrations, contests, or promotions of agricultural concern;

(17) "FDA" means the United States Food and Drug Administration;

(18) "flock" means a group of sheep or goats that are kept, fed, and herded together under single or multiple ownership;

(19) "flock identification number" means a unique flock identification number assigned by the department to the owner of each flock of sheep or goats participating in the scrapie flock certification program under 18 AAC 36.245;

(20) "goat" means a species of the genus Capra;

(21) "group" means two or more animals that are kept together;

(22) "hatching egg" means an egg derived from poultry for purposes of hatching poultry;

(23) "herd"

(A) means a group of animals maintained on common ground or a group of animals geographically separated but under common ownership or supervision;

(B) includes a flock;

(24) "high-risk animal" means

(A) an animal described in Scrapie Program Standards Volume 2: Scrapie Free Flock Certification Program, adopted by reference in 18 AAC 36.920; and

(B) an animal that is

(i) the progeny or a reactor;

(ii) born in the same herd or flock as a reactor during the same birthing season; or

(iii) born during the same birthing season as a reactor in a source herd or flock;

(25) "immediate slaughter" means delivery from the point of origin directly to an inspected slaughter facility operating under the permission of the USDA or the department, in which the delivery is made without stopping, unloading, or diverting;

(26) "importation" means to transport or otherwise move an animal into the state;

(27) "infectious disease" means a clinical disease of humans or animals resulting from an infection with an infectious agent that can be, but is not necessarily, communicable or contagious;

(28) "laboratory" means a state or federal veterinary diagnostic laboratory that is approved by the USDA to conduct a particular type of testing;

(29) "licensed veterinarian" means a veterinarian

(A) with a valid license from the Board of Veterinary Examiners under AS 08.98; or

(B) if practicing in another state or country, with a valid, equivalent authorization from that state or country;

(30) "livestock" has the meaning given in AS 09.45.235(d);

(31) "official animal identification" means an ear tag, tattoo, brand, or microchip that is permanently applied to an animal and that is compliant with 9 C.F.R. 86.4, adopted by reference in 18 AAC 36.920;

(32) "owner"

(A) means a person that has legal or rightful title to an animal regardless of any liens held on the animal;

(B) includes a person designated by an owner as the representative of the owner;

(33) "person" has the meaning given in AS 01.10.060;

(34) "person responsible" means a person that the owner has designated to care for an animal;

(35) "poultry" means domesticated fowl, including chickens, turkeys, waterfowl, doves, pigeons, and game birds, that are kept for the production of food or feathers, for sport, or for exhibition;

(36) "premises" means the ground, area, buildings, and equipment occupied by one or more animals;

(37) "purchased addition" means an animal that is acquired into a herd from another herd;

(38) "quarantine" means the act of placing an imposed restriction prohibiting movement of an animal or animal product from a quarantine area without specific written permission of the state veterinarian or a USDA animal health official to prevent the transmission of a disease;

(39) "quarantine area" means a designated area under quarantine and, with respect to the quarantine, under the direct supervision and control of the state veterinarian or a USDA animal health official;

(40) "reactor" means an animal diagnosed as infected with a disease based on laboratory results, clinical signs, or epidemiologic investigation;

(41) "ruminant"

(A) means an animal that has more than one stomach and that swallows food and then brings it back up again to continue chewing it;

(B) includes cattle, sheep, and goats;

(42) "sheep" means a species of the genus Ovis;

(43) "state animal health official" means a veterinary official who supervises and performs the official animal health work in another state;

(44) "state veterinarian" means the veterinarian whom the commissioner employs or appoints under AS 03.05.013;

(45) "suspect" means an animal that shows clinical signs or a response to a test but is not classified as a reactor or negative;

(46) "USDA" means

(A) the United States Department of Agriculture; or

(B) if the animal is to be imported from another country, an animal health agency or program that the USDA recognizes as equivalent to the USDA in that country;

(47) "veterinary biological products"

(A) means all viruses, serums, toxins, analogous products of natural or synthetic origin, and products prepared from any type of genetic engineering, that are intended for use in the diagnosis, treatment, or prevention of diseases in animals;

(B) includes diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components or microorganisms intended for use in the diagnosis, treatment, or prevention of diseases in animals;

(48) "waybill" means a document that gives details of animal shipment, contact information of the person shipping the animal and the person receiving the animal, and special handling instructions;

(49) "working day" means a day other than Saturday, Sunday, or a state or federal holiday.

History

Authority: AS 03.05.011
Eff. 3/24/2017, Register 221

Chapter 50 Air Quality Control

Article 1 Ambient Air Quality Management

18 AAC 50.005 Purpose and applicability of chapter

(a) The purpose of this chapter is to identify, prevent, abate, and control air pollution in a manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act).

(b) The requirements of this chapter apply to any person who allows or causes air pollutants to be emitted into the ambient air.

History

Authority: AS 46.03.020; AS 46.14.030SLA 1993 AS 46.14.010Sec. 30, ch. 74,
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171

18 AAC 50.007 Local government powers or obligations under a local air quality control program

Nothing in 18 AAC 50.010 - 18 AAC 50.110 alters a local government's powers or obligations under a local air quality control program established under AS 46.14.400 and other local laws, as applicable.

History

Authority: AS 46.03.020; AS 46.14.030SLA 1993 AS 46.14.010Sec. 30, ch. 74,
Eff. 2/28/2015, Register 213

18 AAC 50.010 Ambient air quality standards

The standards for concentrations of air pollutants in the ambient air, measured, determined, or predicted by an analytical method described in 18 AAC 50.035 or 18 AAC 50.215, are established as follows:

(1) for particulate matter, as follows:

(A) for PM-10: a 24-hour average of 150 micrograms per cubic meter, with this standard being attained when the expected number of days in a calendar year with a 24-hour average concentration above 150 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix K, adopted by reference in 18 AAC 50.035(b), is less than or equal to one;

(B) for PM-2.5:

(i) an annual arithmetic mean concentration of 12.0 micrograms per cubic meter, with this standard being attained when the three-year average of the annual arithmetic mean concentration is less than or equal to 12.0 micrograms per cubic meter; for purposes of this sub-subparagraph, a figure must be rounded to the nearest .1 microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(a), adopted by reference in 18 AAC 50.035(b);

(ii) a 24-hour average concentration of 35 micrograms per cubic meter, with this standard being attained when the three-year average of the annual 98th percentile 24-hour concentration is less than or equal to 35 micrograms per cubic meter; for purposes of this sub-subparagraph, a figure must be rounded to the nearest one microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(b), adopted by reference in 18 AAC 50.035(b);

(2) for sulfur oxides, measured as sulfur dioxide:

(A) annual arithmetic mean of 80 micrograms per cubic meter;

(B) 24-hour average of 365 micrograms per cubic meter not to be exceeded more than once each year;

(D) one-hour average sulfur dioxide concentration of 196 micrograms per cubic meter, with this standard being attained when the three-year average of the annual, 99th percentile, daily maximum, one-hour sulfur dioxide concentration is less than or equal to 196 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix T, adopted by reference in 18 AAC 50.035(b);

(3) for carbon monoxide:

(A) eight-hour average of 10 milligrams per cubic meter not to be exceeded more than once each year; and

(B) one-hour average of 40 milligrams per cubic meter not to be exceeded more than once each year;

(4) for ozone: a daily maximum eight-hour average of .070 parts per million, with this standard being attained when the three-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to .070 parts per million;

(5) for oxides of nitrogen, measured as nitrogen dioxide:

(A) annual average nitrogen dioxide concentration of 100 micrograms per cubic meter, with this standard being attained when the average of the one-hour nitrogen dioxide concentrations in a calendar year is less than or equal to 100 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix S, adopted by reference in 18 AAC 50.035(b);

(B) one-hour average nitrogen dioxide concentration of 188 micrograms per cubic meter, with this standard being attained when the three-year average of the annual, 98th percentile, daily maximum, one-hour nitrogen dioxide concentration is less than or equal to 188 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix S, adopted by reference in 18 AAC 50.035(b);

(6) for lead: an arithmetic mean concentration over a three-month period of .15 micrograms per cubic meter, with this standard being attained when the maximum arithmetic three-month mean concentration for a three-year period is less than or equal to .15 micrograms per cubic meter;

(7) repealed 8/20/2016; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive eight hours not to be exceeded more than once each year.

History

Authority: AS 46.03.020; AS 46.14.030SLA 1993 AS 46.14.010Sec. 30, ch. 74,
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 4/1/2010, Register 193; am 9/17/2011, Register 199; am 1/4/2013, Register 205; am 4/17/2015, Register 214; am 3/2/2016, Register 217; am 8/20/2016, Register 219

18 AAC 50.015 Air quality designations, classifications, and control regions

(a) To identify an area by its air quality, all geographic areas in the state are designated by the federal administrator as "attainment," "nonattainment," or "unclassifiable." An area is designated "attainment" for a particular air pollutant if its air quality meets the ambient air quality standard for that air pollutant. If air quality does not meet the ambient standard for a particular air pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or nonattainment for a particular air pollutant, the area is designated "unclassifiable" for that air pollutant.

(b) The following areas have been designated by the federal administrator in 40 C.F.R. 81 as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide:

(A) repealed 2/20/2004;

(B) repealed 6/24/2004;

(2) repealed 4/17/2015;

(3) for PM-2.5: Fairbanks and North Pole urban area.

(c) To establish standards for the prevention of significant deterioration of air quality, geographic areas in the state are

(1) divided into four "air quality control regions" as follows:

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

(D) Southeast Alaska Intrastate Air Quality Control Region; and

(2) classified as shown in Table 1 in this subsection for each air pollutant for which the area is designated "unclassifiable" or "attainment."

Table 1.

Air Quality Classifications

ClassificationGeographic Area

Class I areas

Denali National Park including the Denali

Wilderness but excluding the Denali National

Preserve

Bering Sea National Wildlife Refuge designated as a National Wilderness Area

Simeonof National Wildlife Refuge designated as a National Wilderness Area

Tuxedni National Wildlife Refuge designated as a National Wilderness Area

Class II areas

All other geographic areas in Alaska not

classified as Class I or Class III

Class III areas

No areas in Alaska

(d) The following areas are subject to maintenance plan requirements for carbon monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as part of the state air quality control plan:

(1) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area.

(e) The following areas are subject to maintenance plan requirements for PM-10, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as part of the state air quality control plan:

(1) Eagle River area of Anchorage;

(2) Mendenhall Valley area of Juneau.

History

Authority: AS 46.03.020; AS 46.14.010; AS 46.14.030
Eff. 1/18/97, Register 141; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/9/2010, Register 196; am 10/6/2013, Register 208; am 4/17/2015, Register 214; am 11/7/2020, Register 236

18 AAC 50.020 Baseline dates and maximum allowable increases

(a) In an area designated nonattainment in 18 AAC 50.015(b), the provisions of this section do not apply to the nonattainment air pollutant. However, this section does apply to all other air pollutants listed in Table 2 in this subsection.

Table 2

Baseline Areas and Dates

Baseline AreaAir PollutantMinor Source

Baseline DateCook Inlet

Intrastate Air

Quality Control

RegionNitrogen dioxideFebruary 8, 1988Sulfur dioxideOctober 12, 1979PM-10March 20, 1982PM-2.5September 14, 2012Northern Alaska

Intrastate Air

Quality Control

RegionNitrogen dioxideFebruary 8, 1988Sulfur dioxideJune 1, 1979PM-10November 13, 1978PM-2.5November 2, 2012South Central

Alaska

Intrastate Air

Quality

Control RegionNitrogen dioxideFebruary 8, 1988Sulfur dioxideOctober 26, 1979PM-10October 26, 1979PM-2.5October 15, 2015Southeast Alaska

Intrastate Air

Quality Control

RegionNitrogen dioxideFebruary 8, 1988Sulfur dioxideNovember 10, 1986PM-10To be established under 40

C.F.R. 52.21(b)(14)(ii), adopted by

reference in 18 AAC 50.040(h)PM-2.5To be established under 40

C.F.R. 52.21(b)(14)(ii), adopted by

reference in 18 AAC 50.040(h)

(b) To establish standards for the prevention of significant deterioration of air quality,

(1) minor source baseline dates for determining the ambient concentration of certain air pollutants are established for each baseline area listed in Table 2 in (a) of this section;

(2) in areas designated as Class I, II, or III, increases in air pollutant concentration over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection;

(3) for any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location;

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a method described in 18 AAC 50.215; and

(5) a concentration may not exceed the ambient air quality standard described in 18 AAC 50.010 for that pollutant.

Table 3

Maximum Allowable Increases

Classification of area

in 18 AAC 50.015(c)

Table 1Air PollutantMaximum allowable

increase (micrograms

per cubic meter)CLASS 1PM-10:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 424-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 8Sulfur dioxide:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 224-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 53-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 25Nitrogen dioxide:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 2.5PM-2.5:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 124-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 2CLASS IIPM-10:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 1724-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 30Sulfur dioxide:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 2024-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 913-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 512Nitrogen dioxide:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 25PM-2.5:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 424-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 9CLASS IIIPM-10:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 3424-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 60Sulfur dioxide:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 4024-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 1823-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 700Nitrogen dioxide:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 50PM-2.5:Annual arithmetic mean . . . . . . . . . . . . . . . . . . . . . . . . 824-hour maximum . . . . . . . . . . . . . . . . . . . . . . . . 18

(d) Repealed 10/1/2004.

(e) For purposes of this section, the baseline concentrations within a baseline area are determined in accordance with 40 C.F.R. 52.21(b)(13), adopted by reference in 18 AAC 50.040(h).

(f) In this section "commence" has the meaning given in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040.

(g) For purposes of this section, the baseline area is every part of an air quality control region described in 18 AAC 50.015 that is designated as attainment or unclassifiable, and in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows:

(1) equal to or greater than one microgram per cubic meter on an annual average basis for sulfur dioxide, nitrogen dioxide, or PM-10;

(2) equal to or greater than 0.3 micrograms per cubic meter on an annual average basis for PM-2.5.

History

Authority: AS 46.03.020; AS 46.14.010; AS 46.14.030
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 1/4/2013, Register 205; am 4/17/2015, Register 214; am 8/20/2016, Register 219

18 AAC 50.025 Visibility and other special protection areas

(a) Visibility special protection areas are established to prevent impairment of visibility. The following areas are designated visibility special protection areas:

(1) Mt. Deborah and the Alaska Range East, as viewed from approximately the Savage River Campground area;

(2) Denali, Alaska Range, and the Interior Lowlands, as viewed from the vicinity of Wonder Lake;

(3) geographic areas classified as Class I areas under 18 AAC 50.015(c); and

(4) the Regional Haze Visibility Protection Area, which is the area identified in Volume II Section III.K.13. . of the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030.

(b) A wood smoke control area is a geographic location where a wood-burning activity has resulted in two or more discontinuous 24-hour periods when the ambient exposures of PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of air. The Mendenhall Valley area of Juneau is designated a wood smoke control area.

(d) Three air quality control zones are established within the Fairbanks and North Pole urban nonattainment area to establish control measures for reduction of PM-2.5. The three air quality control zones are described in the local air quality plan incorporated in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, as the:

(1) North Pole Control Zone;

(2) Fairbanks Control Zone; and

(3) Goldstream Control Zone.

History

Authority: AS 46.03.020; AS 46.14.010; AS 46.14.030
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/26/2016, Register 220; am 9/15/2018, Register 227; am 4/16/2022, Register 242; am 8/21/2022, Register 243

18 AAC 50.030 State air quality control plan

(a) Volumes II and III of the State Air Quality Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, revised as of November 21, 2025, are adopted by reference. The plan includes the following documents that are also adopted by reference:

(1) the department's Alaska Air Quality Small Business Assistance Program, April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2;

(3) except as provided in 18 AAC 50.090(b), the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, as amended through December 10, 1992;

(4) the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program, as amended through April 20, 2018;

(5) Protocol for Determining the Best Performing Model, EPA-454/R-92-025, December 1992;

(6) Source Test Report Outline, as amended through November 1984;

(7) the department's Performance Audits for COMS, revised as of August 20, 2008;

(8) the department's Minor Permit Application Forms, dated August 30, 2004.

(b) Any sources that under the State Air Quality Control Plan, adopted by reference in (a) of this section, are subject to RACT or are subject to BACM and BACT shall comply with RACT or with BACM and BACT as identified in the specific sections of the State Air Quality Control Plan.

(1) must be implemented as described in the State Air Quality Control Plan for an area upon

(A) the occurrence of a condition identified in the State Air Quality Control Plan as requiring implementation of a contingency measure; or

(B) the effective date of an EPA finding that the area failed

(i) to attain the applicable NAAQS by the applicable attainment date;

(ii) to meet a quantitative milestone;

(iii) to submit a required quantitative milestone report; or

(iv) to meet a reasonable further progress requirement;

(2) may provide for notice to affected entities as outlined in the approved State Air Quality Control Plan.

History

Authority: AS 46.03.020; AS 46.14.030Sec. 30, ch. 74, AS 46.14.020; AS 46.14.140SLA 1993
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000, Register 152; am 12/30/2000, Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register 161; am 3/27/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 4/13/2011, Register 198; am 9/17/2011, Register 199; am 8/1/2012, Register 203; am 5/8/2013, Register 206; am 2/5/2015, Register 213; am 4/17/2015, Register 214; am 3/2/2016, Register 217; am 11/26/2016, Register 220; am 12/29/2016, Register 220; am 1/12/2018, Register 225; am 9/15/2018, Register 227; am 1/8/2020, Register 233; am 11/7/2020, Register 236; add'l am 11/7/2020, Register 236; am 12/25/2020, Register 236; am 4/16/2022, Register 242; am 8/21/2022, Register 243; am 9/7/2022, Register 243; add'l am 9/7/2022, Register 243; am 12/8/2024, Register 252; am 12/14/2024, Register 252; am 12/25/2025, Register 256

18 AAC 50.035 Documents, procedures, and methods adopted by reference

(a) The following documents are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska, Revision 1, revised August 2008;

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), EPA 454/R-92-023, October 1992;

(3) the United States Environmental Protection Agency's (EPA) publication AP-42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources, Fifth Edition with Supplements A - F and annual updates, as updated through February 2018;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications, EPA 454/R-99-005, February 2000;

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration (PSD), EPA 450/4-87-007, May 1987;

(6) the department's Title V Standard Application and Forms, revised as of March 2012;

(7) repealed 9/15/2018;

(8) Quality Assurance Handbook for Air Pollutant Measurement Systems; Volume IV: Meteorological Measurements Version 2.0 (EPA-454/B-08-002).

(9) the department's letter, Inclusion of Emissions from Worker Housing Units in Air Quality Permits, dated January 30, 2017.

(b) The following procedures and methods set out in 40 C.F.R., revised as of March 23, 2021, are adopted by reference:

(1) 40 C.F.R. Part 50, Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S, and T;

(2) 40 C.F.R. Part 51, Appendix M;

(3) repealed 4/17/2015;

(4) the following test methods as they apply to 40 C.F.R. 63.11(b)(6):

(A) ASTM D 1946-90(1994)e1, Standard Practice for Analysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter.

(5) 40 C.F.R. Part 60, Appendices A - F;

(6) 40 C.F.R. Part 63, Appendix A.

(c) This subsection adopts the methods and procedures listed in this subsection for use by the department in permits for compliance monitoring. Nothing in this subsection is intended to limit the department's discretion to require in a permit issued under this chapter compliance with the requirements of other methods or procedures on a case by case basis. The following methods and procedures are adopted by reference.

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), approved January 10, 2000;

(2) ASTM D 129-98, Standard Test Method for Sulfur in Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products (High Temperature Method), approved August 15, 1995;

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectrometry, approved April 10, 1998;

(6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum Products by Hydrogenolysis and Rateometric Colorimetry, approved January 10, 1999;

(7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate Analysis of Coal and Coke, approved September 29, 1989;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing the Sieve Analysis of Coal and Designating Coal Size, approved November 27, 1987;

(10) ASTM D 1140-97, Standard Test Method for Amount of Material in Soils Finer Than the No. 200 Sieve, approved May 10, 1997;

(11) ASTM D 422-63 (Reapproved 1998), Standard Test Method for Particle-Size Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection, approved April 10, 1996;

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998;

(14) ASTM D 4913-89 (Reapproved 1995), Standard Practice for Determining Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988;

(16) ASTM D 6216-98, Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specifications, approved February 10, 1998;

(17) ASTM D 4239-00, Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion Methods, approved April 10, 2000.

History

Authority: AS 46.03.020; AS 46.14.030Sec. 30, ch. 74, AS 46.14.010; AS 46.14.140SLA 1993 AS 46.14.020
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am 9/17/2011, Register 199; am 4/8/2012, Register 202; am 9/14/2012, Register 203; am 1/4/2013, Register 205; am 4/17/2015, Register 214; am 8/20/2016, Register 219; am 9/15/2018, Register 227; am 11/7/2020, Register 236; am 4/16/2022, Register 242

18 AAC 50.040 Federal standards adopted by reference

(a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), revised as of March 23, 2021, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of Information);

(2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil-Fuel-Fired Steam Generators);

(B) Subpart Da (Standards of Performance for Electric Utility Steam Generating Units);

(D) Subpart Dc (Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units);

(E) Subpart E (Standards of Performance for Incinerators);

(F) Subpart Ea (Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994) and Subpart Eb (Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996);

(G) Subpart Ec (Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators);

(H) Subpart F (Standards of Performance for Portland Cement Plants);

(I) Subpart I (Standards of Performance for Hot Mix Asphalt Facilities);

(J) Subpart J (Standards of Performance for Petroleum Refineries);

(K) Subpart K (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984);

(N) Subpart L (Standards of Performance for Secondary Lead Smelters);

(O) Subpart N (Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973);

(P) Subpart Na (Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983);

(Q) Subpart O (Standards of Performance for Sewage Treatment Plants);

(R) Subpart Q (Standards of Performance for Primary Zinc Smelters);

(S) Subpart R (Standards of Performance for Primary Lead Smelters);

(T) Subpart Y (Standards of Performance for Coal Preparation and Processing Plants);

(U) Subpart DD (Standards of Performance for Grain Elevators);

(V) Subpart GG (Standards of Performance for Stationary Gas Turbines);

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants);

(X) Subpart LL (Standards of Performance for Metallic Mineral Processing Plants);

(Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commences After January 5, 1981, and on or Before November 7, 2006);

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals);

(BB) Subpart GGG (Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4,1983 and on or Before November 7, 2006);

(CC) Subpart JJJ (Standards of Performance for Petroleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants);

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas Processing: SO2, Emissions);

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral Processing Plants);

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems);

(HH) Subpart UUU (Standards of Performance for Calciners and Dryers in Mineral Industries);

(II) Subpart WWW (Standards of Performance for Municipal Solid Waste Landfills);

(JJ) Subpart CCCC (Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001);

(KK) the provisions of Subpart AAA (Standards of Performance for New Residential Wood Heaters), except that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the permanent label required by 40 C.F.R. 60.536;

(LL) Subpart DDDD (Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction on or Before November 30, 1999);

(MM) Subpart EEEE (Standards of Performance for Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006);

(NN) Subpart FFFF (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction on or Before December 9, 2004);

(OO) Subpart IIII (Standards of Performance for Stationary Compression Ignition Internal Combustion Engines);

(PP) Subpart JJJJ (Standards of Performance for Stationary Spark Ignition Internal Combustion Engines);

(QQ) Subpart KKKK (Standards of Performance for Stationary Combustion Turbines);

(RR) Subpart LLLL (Standards of Performance for New Sewage Sludge Incineration Units);

(SS) Subpart MMMM (Emissions Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units);

(TT) Subpart Ja (Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007);

(UU) Subpart VVa (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006);

(VV) Subpart GGGa (Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006);

(WW) Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution);

(XX) Subpart TTTT (Standards of Performance for Greenhouse Gas Emissions for Electric Generating Units);

(YY) Subpart UUUU (Emissions Guidelines for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units);

(ZZ) Subpart OOOOa (Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015);

(3) the Provisions of Appendices A-I.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), revised as of October 7, 2020, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 61.16 (Availability of Information);

(2) the following subparts:

(A) Subpart E (National Emission Standard for Mercury);

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene);

(D) Subpart Y (National Emission Standard for Benzene Emissions from Benzene Storage Vessels);

(E) Subpart FF (National Emission Standard for Benzene Waste Operations);

(F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 and, as they apply to activities subject to 40 C.F.R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operations);

(3) 40 C.F.R. 61.154;

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants), revised as of March 11, 2021, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 63.5(e)(2) - (f);

(2) Subpart B (Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), except that

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not adopted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutant major source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA administrator has failed to promulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

(3) Subpart D (Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants);

(4) Subpart M (National Perchloroethlyene Air Emission Standards for Dry Cleaning Facilities);

(5) Subpart N (National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Anodizing Tanks);

(6) Subpart Q (National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers);

(7) Subpart R (National Emission Standards for Gasoline Distribution Facilities: Bulk Gasoline Terminals and Pipeline Breakout Stations);

(8) Subpart T (National Emission Standards for Halogenated Solvent Cleaning);

(9) Subpart Y (National Emission Standards for Marine Tank Vessel Loading Operations);

(10) Subpart CC (National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries);

(11) Subpart DD (National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations);

(12) Subpart GG (National Emission Standards for Aerospace Manufacturing and Rework Facilities);

(13) Subpart HH (National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities);

(14) Subpart II (National Emission Standards for Shipbuilding and Ship Repair (Surface Coating));

(15) Subpart JJ (National Emission Standards for Wood Furniture Manufacturing Operations);

(16) Subpart KK (National Emission Standards for the Printing and Publishing Industry);

(17) Subpart HHH (National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry);

(19) Subpart UUU (National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units);

(20) Subpart AAAA (National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills);

(21) Subpart EEEE (National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline));

(22) Subpart YYYY (National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines);

(23) Subpart ZZZZ (National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines);

(24) Subpart GGGGG (National Emission Standards for Hazardous Air Pollutants: Site Remediation);

(25) Subpart PPPPP (National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands);

(26) Subpart LLLLLL (National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources);

(27) Subpart MMMMMM (National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources);

(28) Subpart NNNNNN (National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds);

(29) Subpart OOOOOO (National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources);

(30) Subpart PPPPPP (National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources);

(31) Subpart QQQQQQ (National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources);

(32) Appendix A (Test Methods Pollutant Measurement Methods From Various Waste Media);

(33) Appendix B (Sources Defined for Early Reduction Provisions);

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities);

(35) Subpart CCCCCC (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities);

(36) Subpart EEEEEEE (National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category);

(37) Subpart DDDDD (National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters);

(38) Subpart UUUUU (National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electrical Utility Steam Generating Units);

(39) Subpart JJJJJJ (National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers).

(d) The provisions of 40 C.F.R. Part 82, revised as of July 1, 2019, are adopted by reference to the extent that they apply to a Title V source.

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R 52.98, revised as of July 1, 2019, as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), revised as of July 1, 2019, are adopted by reference.

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), revised as of July 21, 2021, are adopted by reference as they apply to a Title V source:

(1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste Combustors Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since May 30, 1991);

(3) Subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before December 1, 2008);

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before November 30, 1999);

(5) Subpart JJJ (Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999);

(6) Subpart OOO (Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014).

(h) The following provisions of 40 C.F.R. 51.166 (Prevention of Significant Deterioration of Air Quality) and 40 C.F.R. Part 52 (Approval and Promulgation of Implementation Plans), revised as of November 24, 2020, are adopted by reference:

(1) 40 C.F.R. 51.166(f) (Exclusions from Increment Consumption);

(2) 40 C.F.R. 51.166(q)(2) (Public Participation);

(3) 40 C.F.R. 52.21(a)(2) (Applicability Procedures);

(4) 40 C.F.R. 52.21(b) (Definitions), except as follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990 and 18 AAC 50.990:

(i) 40 C.F.R. 52.21(b)(1) ("major stationary source");

(ii) 40 C.F.R. 52.21(b)(2) ("major modification");

(B) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990:

(i) 40 C.F.R. 52.21(b)(4) ("potential to emit");

(ii) 40 C.F.R. 52.21(b)(5) ("stationary source");

(iii) 40 C.F.R. 52.21(b)(6) ("building, structure, facility, or installation");

(iv) 40 C.F.R. 52.21(b)(7) ("emissions unit");

(v) 40 C.F.R. 52.21(b)(8) ("construction");

(vi) repealed 1/4/2013;

(C) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in 18 AAC 50.990:

(i) 40 C.F.R. 52.21(b)(51) ("reviewing authority");

(ii) 40 C.F.R. 52.21(b)(20) ("fugitive emissions");

(D) 40 C.F.R. 52.21(b)(15) ("baseline area") is not adopted, and the term defined in that provision has the meaning given in 18 AAC 50.020(g);

(5) repealed 1/4/2013;

(6) 40 C.F.R. 52.21(h) (Stack Heights);

(7) 40 C.F.R. 52.21(i) (Exemptions);

(8) 40 C.F.R. 52.21(j) (Control Technology Review);

(9) 40 C.F.R. 52.21(k) (Source Impact Analysis);

(10) 40 C.F.R. 52.21( l) (Air Quality Models);

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis);

(12) 40 C.F.R. 52.21(n) (Source Information);

(13) 40 C.F.R. 52.21(o) (Additional Impact Analysis);

(14) 40 C.F.R. 52.21(p) (Sources Impacting Federal Class I Areas);

(15) 40 C.F.R. 52.21(r) (Source Obligation);

(16) 40 C.F.R. 52.21(v) (Innovative Control Technology);

(17) repealed 7/25/2008;

(18) repealed 7/25/2008;

(19) repealed 7/25/2008;

(20) 40 C.F.R. 52.21(aa) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 52.21(aa)(12)(ii)( a) are also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the combustion of fuel;

(21) repealed 4/17/2015.

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), revised as of November 24, 2020, text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:

(1) 40 C.F.R. 51.165(a)(1) (Definitions), except as follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990:

(i) 40 C.F.R. 51.165(a)(1)(i) ("stationary source");

(ii) 40 C.F.R. 51.165(a)(1)(ii) ("building, structure, facility, or installation");

(iii) 40 C.F.R. 51.165(a)(1)(iii) ("potential to emit");

(iv) 40 C.F.R. 51.165(a)(1)(vii) ("emissions unit");

(v) 40 C.F.R. 51.165(a)(1)(xviii) ("construction");

(B) the following provisions are not adopted, and the terms defined in those provisions have the meaning given in 18 AAC 50.990:

(i) 40 C.F.R. 51.165(a)(1)(xxxviii) ("reviewing authority");

(ii) 40 C.F.R. 51.165(a)(1)(ix) ("fugitive emissions");

(2) 40 C.F.R. 51.165(a)(2)(ii);

(3) 40 C.F.R. 51.165(a)(3);

(4) 40 C.F.R. 51.165(a)(5);

(5) 40 C.F.R. 51.165(a)(6);

(6) 40 C.F.R. 51.165(f) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 51.165(f)(12)(ii)(A) are also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 51.165(f)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the combustion of fuel.

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), revised as of August 21, 2020, are adopted by reference as they apply to a Title V source, except as provided in 18 AAC 50.326:

(1) 40 C.F.R. 71.2 (Definitions);

(2) 40 C.F.R. 71.3 (Sources Subject to Permitting Requirements);

(3) 40 C.F.R. 71.5(a) - (c) (Permit Applications);

(4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and Revisions);

(6) 40 C.F.R. 71.8 (Affected State Review);

(7) 40 C.F.R. 71.10(d) (Delegation);

(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public Participation, and Administrative Review);

(9) repealed 4/17/2015.

(k) The provisions of 40 C.F.R. Part 64, revised as of July 1, 2019, are adopted by reference to the extent that they apply to a Title V source.

History

Authority: AS 46.03.020; AS 46.14.020 AS 46.14.010; AS 46.14.030
Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203; am 1/4/2013, Register 205; am 10/6/2013, Register 208; am 11/9/2014, Register 212; am 4/17/2015, Register 214; am 8/20/2016, Register 219; am 9/15/2018, Register 227; am 11/7/2020, Register 236; add'l am 11/7/2020, Register 236; am 4/16/2022, Register 242; am 9/7/2022, Register 243

18 AAC 50.045 Prohibitions

(a) A person may not dilute emissions with air to comply with this chapter, except that dilution air may be used at a sulfur recovery plant with a maximum production rate of 20 long tons per day or less to comply with the 500 ppm sulfur dioxide requirement of 18 AAC 50.055(c).

(b) A person who owns or operates a stationary source that emits an air pollutant subject to this chapter shall ensure that the stationary source complies with this chapter and any other applicable local, state, or federal law.

(c) A person may not construct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or that will interfere with the attainment or maintenance of ambient air quality standards.

(d) A person who causes or permits bulk materials to be handled, transported, or stored, or who engages in an industrial activity or construction project shall take reasonable precautions to prevent particulate matter from being emitted into the ambient air.

(e) Dispersion techniques may not be used to comply with this chapter, except for compliance with 18 AAC 50.110.

(f) Subject to (g) of this section, as used in this section, "dispersion technique" means a technique that attempts to reduce the concentration of an air pollutant in the ambient air by

(1) using that portion of a stack that exceeds good engineering practice stack height;

(2) varying the emissions rate of an air pollutant according to atmospheric conditions or ambient concentrations of that air pollutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process parameter, exhaust gas parameter, or stack parameter;

(B) combining exhaust gases from several existing stacks into one stack; or

(g) The following are not dispersion techniques for purposes of this section:

(1) reheating a gas stream to its original discharge temperature after use of an emission control system;

(2) combining the exhaust gases from several stacks into one stack if the stationary source was originally designed and constructed with combined exhaust streams;

(3) combining the exhaust gases from several stacks into one stack, if done when an emission control system is installed and results in a net reduction in the allowable emissions of the controlled air pollutant; or

(4) any technique that increases the exhaust gas plume rise if the allowable emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year.

History

Authority: AS 46.03.020; AS 46.14.020 AS 46.14.010; AS 46.14.030
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171

18 AAC 50.050 Incinerator emission standards

(a) Visibility through the exhaust effluent of an incinerator, including an air curtain incinerator, may not be reduced by visible emissions, excluding condensed water vapor, by more than 20 percent averaged over any six consecutive minutes.

(b) Particulate matter emissions from an incinerator may not exceed the particulate matter standard listed for that incinerator in Table 4 in this subsection.

Table 4

Particulate Matter Standards for Incinerators

Incinerator Particulate Matter

Standard Rated capacity less than 1,000

pounds per hourNo limitRated capacity greater than or

equal to 1,000 but less than

2,000 pounds per hour0.15 grains per cubic foot of

exhaust gas corrected to 12

percent carbon dioxide and

standard conditions, averaged

over three hoursRated capacity greater than or

equal to 2,000 pounds per hour0.08 grains per cubic foot of

exhaust gas corrected to 12

percent carbon dioxide and

standard conditions, averaged

over three hoursAn incinerator that burns waste

containing more than 10 percent

wastewater treatment plant

sludge by dry weight from a

municipal wastewater treatment

plant that serves 10,000 or more

persons0.65 grams per kilogram of dry

sludge input

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 7/25/2008, Register 187

18 AAC 50.052 Emission standards for certain municipal solid waste landfills

Repealed.

History

Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171

18 AAC 50.055 Industrial processes and fuel-burning equipment

(a) Visible emissions, excluding condensed water vapor, from an industrial process or fuel-burning equipment may not reduce visibility through the exhaust effluent by

(1) more than 20 percent averaged over any six consecutive minutes, except as provided in (2) - (10) of this subsection;

(2) repealed 8/20/2016;

(3) repealed 8/20/2016;

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt plant constructed or modified after June 11, 1973;

(5) 20 percent or greater averaged over any six consecutive minutes for process emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or modified after November 1, 1982;

(6) 10 percent or greater averaged over any six consecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982;

(7) repealed 8/20/2016;

(8) repealed 8/20/2016; and

(9) more than 20 percent for more than three minutes in any one hour for a coal-fired boiler that began operation before August 17, 1971, except for an additional three minutes in any one hour if

(A) the visible emissions are caused by startup, shutdown, soot-blowing, grate cleaning, or other routine maintenance specified in an operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors visible emissions by continuous opacity monitoring instrumentation that

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; and

(ii) completes one cycle of sampling and analyzing for each successive 15-second period;

(C) the owner or operator of the boiler provides the department with a demonstration that the particulate matter emissions from the boiler allowed by this opacity limit will not cause or contribute to a violation of the ambient air quality standards for PM-10 in 18 AAC 50.010, or cause the maximum allowable increases for PM-10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationary source-specific revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity limit otherwise applicable under this section;

(10) 10 percent or greater averaged over any six consecutive minutes for a commercial coffee roaster within an area identified in 18 AAC 50.015(b)(3) and that emits 24 pounds or more of particulate matter in a rolling 12-month period.

(b) Particulate matter emitted from an industrial process or fuel-burning equipment may not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged over three hours,

(1) 0.05 grains, except as provided in (2) - (5) of this subsection and (d) and (e) of this section;

(2) 0.1 grains for a steam generating plant fueled by

(A) coal, and in operation before July 1, 1972;

(B) coal, and rated less than 250 million Btu per hour heat input; or

(3) 0.1 grains for an industrial process in operation before July 1, 1972;

(4) repealed 8/20/2016; or

(5) 0.04 grains for an asphalt plant constructed or modified after June 11, 1973;

(6) repealed 8/20/2016.

(c) Sulfur-compound emissions, expressed as sulfur dioxide, from an industrial process or from fuel-burning equipment may not exceed 500 ppm averaged over a period of three hours, except as provided in (d) and (e) of this section.

(d) At a petroleum refinery, emissions from the following sources, constructed or modified after November 1, 1982, may not exceed the following:

(1) for a catalytic cracking unit catalyst regenerator

(A) 1.0 kilogram of particulate matter per 1,000 kilograms of coke burnoff;

(B) 43.0 additional grams of particulate matter per million joules supplemental heat attributable to fuels burned in a catalyst regenerator waste heat boiler; and

(2) for a sulfur recovery plant rated at more than 20 long tons per day

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or

(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air pollutants are not oxidized before release to the atmosphere; and

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over three hours, equal to whichever of the following is applicable:

(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel gas containing 230 milligrams hydrogen sulfide per dry standard cubic meter;

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm;

(C) for fuel-burning equipment that burns a combination of fuel gas and other fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the equipment.

(e) At a coal preparation plant, emissions from the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter of exhaust gas at standard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per cubic meter of exhaust gas at standard conditions.

(f) Repealed 8/20/2016.

(g) Release of materials other than process emissions, products of combustion, or materials introduced to control pollutant emissions from a stack at a stationary source constructed or modified after November 1, 1982, is prohibited except as authorized by a construction permit, Title V permit, or air quality control permit issued before October 1, 2004.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 8/20/2016, Register 219; am 9/15/2018, Register 227; am 12/8/2024, Register 252

18 AAC 50.060 Pulp mills

Repealed.

History

Eff. 1/18/97, Register 141; repealed 8/20/2016, Register 219

18 AAC 50.065 Open burning

(a) General Requirements. Except when conducting open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply with the limitations of (b) - (f) of this section and shall ensure that

(1) the material is kept as dry as possible through the use of a cover or dry storage;

(2) before igniting the burn, noncombustibles are separated to the greatest extent practicable;

(3) natural or artificially induced draft is present;

(4) to the greatest extent practicable, combustibles are separated from grass or peat layer; and

(5) combustibles are not allowed to smolder.

(b) Black Smoke Prohibited. Except for firefighter training conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other materials in a way that gives off black smoke is prohibited without written department approval. Department approval of open burning as an oil spill response countermeasure is subject to the department's In Situ Burning Guidelines for Alaska, adopted by reference in 18 AAC 50.035. Open burning approved under this subsection is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced during oil or gas well flow tests may occur only when there are no practical means available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable manner;

(2) the person who conducts open burning shall establish reasonable procedures to minimize adverse environmental effects and limit the amount of smoke generated; and

(3) the department will, in its discretion, as a condition of approval issued under this subsection, require public notice as described in (j) of this section.

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or acidic gases or particulate matter is prohibited.

(d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby persons or property.

(e) Air Quality Advisory. Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.245 or 18 AAC 50.246, stating that burning is not permitted in that area for that day. This advisory will be based on a determination that there is or is likely to be inadequate air ventilation to maintain the standards set by 18 AAC 50.010. The department will make reasonable efforts to ensure that the advisory is broadcast on local radio or television.

(f) Wood Smoke Control and PM-2.5 Nonattainment Areas. Open burning is prohibited between November 1 and March 31 in each wood smoke control area identified in 18 AAC 50.025(b) and in each PM-2.5 nonattainment area identified in 18 AAC 50.015(b)(3). In a PM-2.5 nonattainment area, a local air quality open burn permit program may replace the seasonal open burning prohibition in this section if the program

(1) does not cause or contribute to violations of the PM-2.5 ambient air quality standards set out in 18 AAC 50.010; and

(2) is part of a local air quality plan included in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030.

(g) Controlled Burning. Controlled burning to manage forest land, vegetative cover, fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written department approval if the area to be burned exceeds 40 acres yearly. The department will, in its discretion, require public notice as described in (j) of this section.

(h) Firefighter Training: Structures. A fire service may open burn structures for firefighter training without ensuring maximum combustion efficiency under the following circumstances:

(1) before igniting the structure, the fire service shall

(A) obtain department approval for the location of the proposed firefighter training; approval will be based on whether the proposed open burning is likely to adversely affect public health in the neighborhood of the structure;

(B) visually identify materials in the structure that might contain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, pesticides, paints, glues, sealers, tars, solvents, household cleaners, or photographic reagents;

(iv) stored linoleum, plastics, rubber, tires, or insulated wire;

(v) hazardous waste;

(vi) lead piping;

(vii) plastic piping with an outside diameter of four inches or more; or

(viii) urethane or another plastic foam insulation;

(D) provide public notice consistent with (j) of this section; and

(E) ensure that a fire-service representative is on-site before igniting the structure;

(2) the fire service shall ignite and conduct training on only one main structure and any number of associated smaller structures at a time; examples of associated smaller structures are garages, sheds, and other outbuildings; and

(3) the fire service shall respond to complaints in accordance with (k) of this section.

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefighter training without ensuring maximum combustion efficiency. To conduct this training without prior written department approval, the fire service shall

(1) provide public notice consistent with (j) of this section before burning more than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and

(2) respond to complaints in accordance with (k) of this section.

(j) Public Notice. A person required to provide public notice of open burning shall issue the notice through local news media or by other appropriate means if the area of the open burning does not have local news media. The public notice must be issued as directed by the department and must

(1) state the name of the person conducting the burn;

(2) provide a list of material to be burned;

(3) provide a telephone number to contact the person conducting the burn before and during the burn;

(4) for a surprise fire drill, state

(A) the address or location of the training; and

(B) the beginning and ending dates of the period during which a surprise fire drill may be conducted (this period may not exceed 30 days); and

(5) for open burning other than a surprise fire drill, state the expected time, date, and location of the open burning.

(k) Complaints. A person required to provide public notice of open burning shall

(1) make a reasonable effort to respond to complaints received about the burn;

(2) keep, for at least 30 days, a record of all complaints received about the burn, including to the extent feasible

(A) the name, address, and telephone number of each person who complained;

(B) a short summary of each complaint; and

(3) upon request, provide the department with a copy of the records kept under (2) of this subsection.

History

Authority: AS 46.03.020; AS 46.14.020SLA 1993 AS 46.03.710; AS 46.14.030 AS 46.14.010Sec. 30, ch. 74,
Eff. 1/18/97, Register 141; am 2/28/2015, Register 213; am 3/2/2016, Register 217

18 AAC 50.070 Marine vessel visible emission standards

Within three miles of the Alaska coastline, visible emissions, excluding condensed water vapor, may not reduce visibility through the exhaust effluent of a marine vessel by more than 20 percent except as follows:

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for periods aggregating no more than

(A) three minutes in any one hour; and

(B) an additional three minutes during initial startup of a vessel; for purposes of this subparagraph, "initial startup" includes the period during which a vessel is testing equipment in preparation to casting off or weighing anchor;

(2) during the hour immediately after weighing anchor or casting off, visibility may be reduced under one, but not both, of the following options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour;

(3) during the hour immediately before the completion of all maneuvers to anchor or make fast to the shore, visibility may be reduced under one, but not both, of the following options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; and

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced by up to 100 percent for periods aggregating no more than three minutes in any one hour.

History

Authority: AS 46.03.020; AS 46.14.030SLA 1993 AS 46.14.010Sec. 30, ch. 74,
Eff. 1/18/97, Register 141; am 6/21/98, Register 146

18 AAC 50.075 Solid fuel-fired heating device visible emission standards

(a) A person may not operate a solid fuel-fired heating device in a manner that causes

(1) black smoke; or

(2) visible emissions that exceed 20 percent opacity for more than six minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245 or 18 AAC 50.246, except during the first 15 minutes after initial firing of the device; visible emissions are measured following opacity reading procedures as required under 40 C.F.R. Part 60, Appendix A, Method 9, adopted by reference in 18 AAC 50.040, as modified in Volume III, sec. IV-3, Appendix IV-3, of the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030; alternatively, visible emissions may be measured using the alternative method to Method 9, ALT-082, approved and revised by EPA as of May 17, 2012.

(b) A person may not operate a wood-fired heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a provision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030.

(d) A person may operate a solid fuel-fired heating device in an area for which the department has declared a PM-2.5 air quality episode under 18 AAC 50.246 or under emergency episode provisions included in a local air quality plan incorporated in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, only if

(1) visible emissions or opacity from the solid fuel-fired heating device is below the opacity limits identified in the episode announcement for that area as defined in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030;

(2) the owner or operator of the solid fuel-fired heating device obtains a written temporary waiver from the department or local air quality program from the opacity limits identified in the episode announcement; the department or local air quality program may grant a temporary waiver after considering

(A) financial hardship information provided by the owner or operator;

(B) technical feasibility and device design information provided by the owner or operator;

(C) potential impact to locations with populations sensitive to exposure to PM-2.5; locations under this subparagraph include hospitals, schools, child care facilities, health clinics, long-term care facilities, assisted living homes, and senior centers;

(D) mitigation measures implemented by the owner or operator to prevent adverse health impacts to individuals sensitive to exposure to PM-2.5; and

(E) the contribution of the device to the exceedance of the PM-2.5 concentration triggering the episode announcement; or

(3) the department has not prohibited operation under (e) of this section.

(e) The department may prohibit operation of a solid fuel-fired heating device in a nonattainment or maintenance area for which the department has declared a PM-2.5 air quality episode under emergency episode provisions of a local air quality plan that has been incorporated in the State Air Quality Control Plan. The declaration must specify

(1) the air quality zone affected by the prohibition;

(2) any applicable exceptions to the prohibition; and

(3) that operators shall withhold fuel from non-exempt devices and ensure that combustion, as evidenced by visible smoke from a chimney, has ceased within three hours of the effective time of the declaration.

(f) In an area identified in 18 AAC 50.015(b)(3), a person may not operate a solid fuel-fired heating device in a manner than causes

(1) visible emissions, measured as set out in (a)(2) of this section, that exceed 20 percent opacity for more than six minutes in any one hour, except during the first 15 minutes after initial firing of the device, when the opacity limit must be less than 50 percent; and

(2) visible emissions, as observed using 40 C.F.R. Part 60, Appendix A, Method 22, adopted by reference in 18 AAC 50.035, to cross property lines.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/18/97, Register 141; am 5/6/2009, Register 190; am 2/28/2015, Register 213; am 11/26/2016, Register 220; am 1/12/2018, Register 225; am 1/8/2020, Register 233

18 AAC 50.076 Solid fuel-fired heating device fuel requirements; requirements for wood sellers

(a) A person operating a solid fuel-fired heating device in an area identified in 18 AAC 50.015(b)(3) may use only the following fuels:

(1) for wood-fired heating devices, and subject to the additional limitations under (b) of this section,

(A) wood, if not prohibited under (c) of this section;

(B) the following wood products, if made wholly from wood not prohibited under (c) of this section:

(i) wood pellets;

(ii) manufactured compressed wood logs;

(iii) bricks;

(iv) pucks;

(C) manufacturer-recommended starter fuels, including home heating oil, propane, natural gas, or wood-based material for dual fuel-fired hydronic heaters;

(D) biomass fuels approved by the manufacturer;

(2) for coal-burning devices,

(A) coal;

(B) coal pellets;

(3) for all solid fuel-fired heating devices, a fuel that is approved by the manufacturer and not prohibited under (c) of this section.

(b) Not earlier than October 1, 2015, and between October 1 and March 31 of each year, a person operating a wood-fired heating device in an area identified in 18 AAC 50.015(b)(3) may use only the following fuels:

(1) dry wood, if not prohibited under (c) of this section;

(2) the following wood products, if made wholly from wood not prohibited under (c) of this section:

(A) wood pellets;

(B) manufactured compressed wood logs;

(D) pucks;

(3) manufacturer-recommended starter fuels, including home heating oil, propane, natural gas, or wood-based material for dual fuel-fired hydronic heaters;

(4) biomass fuels approved by the manufacturer;

(5) a fuel that is approved by the manufacturer, and that is not wet wood or a fuel prohibited under (c) of this section.

(1) wood that has paint, stains, or other types of coating;

(2) wood that has been treated with preservatives, including copper chromium arsenate, creosote, or pentachlorophenol;

(3) asphalt, rubber, tires, or tar products, including materials contaminated with petroleum, petroleum derivatives, oily wastes, or oil cleanup materials;

(4) chlorinated or halogenated organic compounds, including plastics, polyurethane products, pesticides, herbicides, or fungicides;

(5) compounds containing cyanide or asbestos;

(6) animal carcasses;

(7) putrescible garbage;

(8) construction and demolition debris, including plywood and particleboard;

(9) flooring products; or

(10) manure.

(d) A commercial wood seller shall register under (e) of this section with the department to sell or provide wood to a person who is located in or intends to burn the wood in an area identified in 18 AAC 50.015(b)(3).

(e) A commercial wood seller who is subject to (d) of this section shall

(1) submit a registration application in a format provided by the department;

(2) have available for use a moisture content meter of a type approved by the department under (g)(1) or (j)(2) of this section;

(3) have a valid business license issued under AS 43.70; and

(4) renew the registration every three years by submitting, at least 30 days before the expiration date of the existing registration, an application for renewal to the department in a format provided by the department.

(f) Upon receipt of a complete registration application and the department's determination that the commercial wood seller is in compliance with (e)(2) and (3) of this section, the department will

(1) issue a unique registration identification number to the commercial wood seller;

(2) issue the commercial wood seller a batch of uniquely numbered three-part moisture content disclosure forms for use under (g) of this section; and

(3) add the commercial wood seller to a list of registered commercial wood sellers that the department maintains and makes available to the public.

(g) Before October 1, 2021, and for any sales of wet wood under (j)(1) on or after October 1, 2021, a commercial wood seller who is required to register under (d) of this section

(1) shall test, using a commercially available moisture test meter that the department has approved for accuracy, the moisture content of a load of wood at the time of sale or provision to the consumer, or if the consumer purchases one or more loads of wood for later delivery or arranges for the later delivery of one or more loads of wood, shall test the moisture content of each load at the time of delivery, unless the wood sold or delivered is subject to (2), (3), or (4) of this subsection; the department will maintain a list of commercially available moisture test meters that the department has approved for accuracy; for split wood, wood rounds, or logs that are cut at the time of or before sale and that are marketed, sold, or provided as dry wood, the commercial wood seller shall

(A) measure moisture content in at least three pieces of wood for each cord of wood purchased;

(B) randomly select the wood to be tested from differing locations throughout the entire load;

(D) document the measured moisture content on the moisture content disclosure form that the department provides under (f)(2) of this section, and fully complete and sign the form;

(2) if selling or providing frozen wood, shall note on the moisture content disclosure form that the wood is frozen and assumed to be wet wood with greater than 20 percent moisture content, and shall fully complete and sign the rest of the form; for purposes of this paragraph, "frozen wood" means wood that is

(A) cut at a temperature below 32 degrees Fahrenheit for immediate sale or provision to the consumer; or

(B) delivered at a temperature below 32 degrees Fahrenheit, if the consumer purchases one or more loads of wood for later delivery or arranges for the later delivery of one or more loads of wood;

(3) if marketing, selling, or providing wet wood, shall note on the moisture content disclosure form that the wood is wet and assumed to be greater than 20 percent moisture content, and shall fully complete and sign the rest of the form;

(4) if marketing, selling, or providing, as dry wood,

(A) wood that was split before freezing, may market, sell, or provide the wood as dry wood only if

(i) the split wood is covered and stacked for ventilation;

(ii) after splitting, covering, and stacking the wood, the commercial wood seller tests the wood as required under (1)(A) - (D) of this subsection and the test results demonstrate that each piece of wood tested is dry wood;

(iii) the commercial wood seller records and saves the test results and the date of the test; and

(iv) upon actual sale, provision, or delivery, if the temperature is below 32 degrees Fahrenheit, the commercial wood seller documents the previously recorded test results and the date on the moisture content disclosure form and fully completes and signs the rest of the form;

(B) wood that was split after freezing, may market, sell, or provide the wood as dry wood after freezing only if

(i) the wood is mechanically dried;

(ii) the wood is manufactured as pellet logs; or

(iii) the source of the wood is from fire-killed trees and has been inspected by the department and found to be dry wood;

(5) shall obtain the consumer's signature on the moisture content disclosure form, or if the consumer is unavailable, shall mark on the form that the consumer is unavailable;

(6) shall provide the consumer with a copy of the signed moisture content disclosure form;

(7) shall submit to the department, not later than the 15th day of each month, the department's copy of each moisture content disclosure form completed during the previous month;

(8) shall retain the seller's own copy of each completed moisture content disclosure form for two years after the date of the sale, provision, or delivery;

(9) shall account for each moisture content disclosure form received from the department; when making a monthly submission under (7) of this subsection, the commercial wood seller shall

(A) submit any moisture content disclosure form not given to a consumer due to damage or errors; and

(B) report the unique number of any moisture content disclosure form that is lost;

(10) shall return any unused moisture content disclosure forms if the commercial wood seller's registration expires or is revoked;

(11) is subject to one or more of the following if the commercial wood seller fails to comply with a provision of this subsection:

(A) remedial training on the requirements of (d) - (f) of this section and this subsection;

(B) a notice of violation;

(C) until the department determines that the commercial wood seller is in compliance, removal of the seller from the list that the department maintains under (f)(3) of this section;

(D) revocation of registration;

(E) enforcement under AS 46.03.020, 46.03.760, or 46.03.790; and

(12) may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.185 and 18 AAC 15.195 - 18 AAC 15.340 if the department denies registration, denies renewal of a registration, or takes an action under (11)(A) - (D) of this subsection.

(h) In this section, "commercial wood seller"

(1) means a person who sells wood for use in space heating;

(2) does not include a person whose sales of wood consist wholly of

(A) wood products permissible under (a)(1)(B) or (b)(2) of this section;

(B) bundles of split dry wood that are sized not more than 0.75 cubic feet a bundle; or

(C) logs or rounds intended for resale, where the resale of the wood and measurement and documentation of their moisture content will be addressed by a commercial wood seller.

(i) A commercial wood seller is not required to meet the requirements of (g) of this section for any portion of its sales that are

(1) wood products permissible under (a)(1)(B) or (b)(2) of this section;

(2) bundles of split dry wood that are sized not more than 0.75 cubic feet per bundle; or

(3) logs or rounds intended for resale, where the resale of the wood and measurement and documentation of their moisture content will be addressed by another commercial wood seller.

(j) On and after October 1, 2021, a commercial wood seller who is required to register with the department under (d) of this section may sell wet wood only if

(1) the wood seller meets all requirements of (g) of this section;

(2) the wood sold is in round logs eight feet or more in length; and

(3) the seller confirms in writing the buyer's ability to properly dry the wood for use in the next winter season or beyond and that the wood will be burned in accordance with (a) - (c) of this section.

(k) Except as permitted under (j) of this section, on and after October 1, 2021, a commercial wood seller required to register with the department under (d) of this section

(1) may only sell clearly labeled dry wood that is

(A) seasoned, split, and stored covered for at least 9 months unless otherwise confirmed dry;

(B) mechanically dried, where the drying process has been inspected and approved by the department to ensure consistency and reliability; or

(C) harvested from an inspected fire-killed source that has been split, stacked, stored covered, and confirmed dry before freezing;

(2) may not market sales of wood that do not comply with this section;

(3) shall measure monthly, using a commercially available moisture test meter that is approved by the department for accuracy, the moisture content of a representative sample of the wood to ensure the stock is dry before sale;

(4) shall document the measured moisture content, keep a record of the measurements over the seasoning period, and sign an affidavit in a form that the department provides attesting the wood is dry before sale;

(5) shall obtain the consumer's signature on the dry wood affidavit, or if the consumer is unavailable, shall mark on the form that the consumer is unavailable;

(6) shall provide the consumer with a copy of the signed dry wood affidavit;

(7) shall submit to the department, not later than the 15th day of each month, the department's copy of each dry wood affidavit completed during the previous month;

(8) shall retain the seller's own copy of each affidavit form for two years after the date of the sale, provision, or delivery;

(9) shall account for each affidavit form received from the department; when making a monthly submission under (7) of this subsection, the commercial wood seller shall:

(A) submit any affidavit form not given to a consumer due to damage or errors; and

(B) report the unique number of any affidavit form that is lost;

(10) shall return any unused affidavit forms if the commercial wood seller's registration expires or is revoked;

(11) is subject to a compliance or enforcement action by the department for failing to comply with a provision of this subsection, including

(A) remedial training on the requirements of (d) - (f) of this section and this subsection;

(B) a notice of violation;

(C) until the department determines that the commercial wood seller is in compliance, removal of the seller from the list that the department maintains under (f)(3) of this section;

(D) revocation of registration;

(E) enforcement under AS 46.03.020, 46.03.760, or 46.03.790; and

(l) Non-commercial wood sellers may not sell wet wood in an area identified in 18 AAC 50.015(b)(3).

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 2/28/2015, Register 213; am 3/2/2016, Register 217; am 11/26/2016, Register 220; am 1/8/2020, Register 233; am 12/8/2024, Register 252

18 AAC 50.077 Standards for wood-fired heating devices

(a) Except as provided in this section, a person may not install, reinstall, sell, lease, distribute, or convey the following devices in an area identified in 18 AAC 50.015(b)(3):

(1) a wood-fired hydronic heater;

(2) a woodstove;

(3) a wood-fired heating device with a manufacturer-rated heat output capacity of 350,000 Btu per hour or more.

(b) Notwithstanding (a) of this section, the department will approve models of pellet fueled wood-fired hydronic heaters for operation in an area identified in 18 AAC 50.015(b)(3) that

(1) have a manufacturer-rated heat output capacity under 350,000 Btu per hour;

(2) have a valid certification from EPA under 40 C.F.R. 60.5474(a) and (b), revised as of July 1, 2019, and adopted by reference, for which the department has reviewed and accepted the underlying certification test results; and

(3) meet an average particulate matter emission level of 0.10 pounds per million Btu of heat output for each individual burn rate as tested by a laboratory with current EPA accreditation under 40 C.F.R. 60.5477, revised as of July 1, 2019, and adopted by reference; the laboratory test results must be

(A) obtained using one of the following test methods that is applicable to the specific device:

(i) ASTM International E 2618-13, Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Appliances, approved by EPA September 1, 2013, and adopted by reference, subject to conditions in 40 C.F.R. Part 60, Subpart QQQQ, revised as of July 1, 2019, and adopted by reference;

(ii) 40 C.F.R. Part 60, Appendix A-8, Method 28WHH-PTS, revised as of July 1, 2019, and adopted by reference;

(iii) alternative test methods, including broadly applicable test methods, if approved by both EPA and the department; and

(B) obtained using one of the following emission concentration measurements that is applicable to the specific device:

(i) ASTM International E 2515-11, Standard Test Method for Determination of Particulate Matter Emissions Collected by a Dilution Tunnel approved by EPA on November 1, 2011, and adopted by reference;

(ii) 40 C.F.R. Part 60, Appendix A, Method 5G, revised as of July 1, 2019, and adopted by reference; and

(c) Notwithstanding (a) of this section, the department may approve specific models of woodstoves and pellet stoves for operation in an area identified in 18 AAC 50.015(b)(3). The department will approve models that

(1) have a manufacturer-rated heat output capacity of less than 350,000 Btu per hour;

(2) have a valid certification from EPA under 40 C.F.R. 60.533, revised as of July 1, 2019, and adopted by reference, for which the department has reviewed and accepted the underlying certification test results; and

(3) meet particulate matter annual average emission limit of 2.0 grams per hour as tested by a laboratory with current EPA accreditation under 40 C.F.R. 60.535 revised as of July 1, 2019, and adopted by reference; the test results must be

(A) obtained using one of the following test methods applicable to the specific device:

(i) 40 C.F.R. Part 60, Appendix A, Methods 28, 28A, or 28R, revised as of July 1, 2017, and adopted by reference;

(ii) alternative test methods, including broadly applicable test methods, if approved by both EPA and the department; and

(B) obtained using one of the following emission concentration measurements, as applicable to the specific device:

(i) 40 C.F.R. Part 60, Appendix A-3, Methods 5G or 5H, revised as of July 1, 2017, and adopted by reference; and

(ii) after September 1, 2020, with either a tapered element oscillating microbalance (TEOM) or 1-hour filter data from the EPA certification report for the device; TEOM data must be obtained following the procedures set out in the Northeast States for Coordinated Air Use Management (NESCAUM) Standard Operating Procedures for use of Thermo 1405 TEOM for use in a dilution tunnel using Option 2 in Section 6 and excluding Section 7, revised as of May 17, 2019, and adopted by reference; if using TEOM data, the department may approve devices only if the TEOM data indicates that no rolling 60-minute period exceeds 4.0 grams per hour; if using the 1-hour filter data, the department may approve devices only if no reported valid test run measurement exceeds 6.0 grams per hour;

(D) approved by the department together with the supporting data.

(d) Notwithstanding (a) of this section, the department may approve specific models of wood-fired heating devices with a manufacturer-rated heat output capacity of 350,000 Btu per hour or more for operation in an area identified in 18 AAC 50.015(b)(3) if a laboratory with current EPA accreditation under 40 C.F.R. 60.535 or 40 C.F.R. 60.5477 has tested the model to meet a particulate matter emission limit of 2.0 grams per hour; the test results must be

(1) obtained using one of the following test methods applicable to the specific device:

(A) ASTM International E 2618-13, Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Appliances, adopted by reference in (b)(3)(A)(i) of this section;

(B) 40 C.F.R. Part 60, Appendix A-8, Method 28WHH, revised as of July 1, 2019, and adopted by reference;

(C) Canadian Standards Association (CSA) Method B415.1-10, Performance Testing of Solid-Fuel-Burning Heating Appliances, dated March 2010, reaffirmed 2015, and adopted by reference, as referenced in 40 C.F.R. Part 60, Subpart QQQQ, revised as of July 1, 2019, and adopted by reference;

(D) alternative test methods, including broadly applicable test methods, if approved by both EPA and the department; and

(2) obtained using ASTM International E 2515-11, Standard Test Method for Determination of Particulate Matter Emissions Collected by a Dilution Tunnel, adopted by reference in (b)(3)(B)(i) of this section; and

(3) approved by the department together with the supporting data.

(e) The department will publish a list of devices that meet the criteria in (b) - (d) of this section and that the department has approved for operation in an area identified in 18 AAC 50.015(b)(3). The department may review laboratory test data with or without submission by a manufacturer.

(f) Notwithstanding (a) of this section, a person may sell, lease, distribute, convey, or install a new wood-fired heating device if the buyer or operator of the device confirms in writing that the device will be installed in an area other than an area identified in 18 AAC 50.015(b)(3).

(g) In response to a request from the owner or operator of a wood-fired heating device, the department or local air quality program may temporarily waive the requirements of (a) and ( l) - (n) of this section after considering

(1) financial hardship information provided by the owner or operator;

(2) technical feasibility information provided by the owner or operator; and

(3) potential impact to locations with populations sensitive to PM-2.5 exposure including hospitals, schools, child care facilities, health clinics, long-term care facilities, assisted living homes, and senior centers.

(h) As applicable, the owner, vendor, or dealer of a wood-fired heating device shall register the device, using a form or method provided by the department, in the following circumstances

(1) upon the sale or conveyance of a device;

(2) before closing, if the device is being sold, leased, or conveyed as part of an existing building or other property;

(3) when applying for a waiver described in the local air quality control plan incorporated in the State Air Quality Control Plan;

(4) to participate in the Burn Right Program;

(5) to participate in a woodstove change-out or conversion program in the local air quality control plan incorporated in the State Air Quality Control Plan; and

(6) before closeout of any compliance or enforcement action.

(i) The owner or operator of a wood-fired heating device shall ensure that a device and any retrofit control devices are properly sized and professionally installed. Following each installation of a wood-fired heating device or retrofit control device in an area identified in 18 AAC 50.015(b)(3), the installer shall provide confirmation to the department that the device was installed correctly on a form provided by the department. Installers must meet the following requirements

(1) for a woodstove, pellet stove, or pellet-fired hydronic heater, the certification criteria in The National Fireplace Institute Policy Handbook, revised as of November 22, 2019 and adopted by reference, or demonstrate equivalent training and qualification approved by the department;

(2) for new masonry heaters, the certification criteria in The Masonry Heater Association of North America Reference Manual, revised as of January 2019 and adopted by reference, or demonstrate equivalent training and qualification approved by the department;

(3) for retrofit control devices, such as electronic precipitators, certification as described in (1) - (2) of this subsection or be representatives trained by the manufacturer.

(j) A person may not install

(1) a pellet fueled wood-fired hydronic heater within 330 feet from the closest property line or within 660 feet from a school, clinic, hospital, or senior housing unit;

(2) a wood-fired heating device as the primary or only heat source in

(A) new construction, except new construction of a dry cabin located on a two acre or larger parcel; or

(B) a structure used as a rental unit, unless the structure has been used as a rental prior to January 8, 2020 and qualifies for a No Other Adequate Heat Source waiver, as identified in a local air quality plan incorporated in the State Air Quality Control Plan.

(k) Vendors of wood-fired heating devices

(1) may not advertise devices prohibited by this section for sale within an area identified in 18 AAC 50.015(b)(3); and

(2) shall provide a buyer with curtailment information and proper operating instructions at the time of sale.

(l) In an area identified in 18 AAC 50.015(b)(3), a person who owns a woodstove or pellet stove that does not have a valid certification from EPA under 40 C.F.R. 60.533 or a non-pellet fueled wood-fired outdoor hydronic heater shall render the device inoperable before December 31, 2024; or before device is sold, leased, or conveyed as part of an existing structure, whichever is earlier.

(m) In an area identified in 18 AAC 50.015(b)(3), a person who owns a device that, under this section, may not be reinstalled within the area shall ensure the device is rendered inoperable when it is removed.

(n) If EPA publishes a finding under 40 C.F.R. 51.1014(a)(1) - (4) related to the local air quality control plan incorporated in the State Air Quality Control Plan for an area identified in 18 AAC 50.015(b)(3), the owner of a wood-fired heating device other than a masonry heater in an area identified in 18 AAC 50.015(b)(3) that has a particulate matter emission rating of greater than 2.0 grams per hour shall render the device inoperable, notwithstanding a valid EPA certification, by the following deadlines

(1) for a device manufactured 25 years or more before the effective date of the EPA finding, before December 31, 2024 or before the device is sold, leased, or conveyed as part of an existing building, whichever is earlier;

(2) for a device manufactured less than 25 years before the effective date of the EPA finding, before 25 years from the date of manufacture.

(o) A person who disputes a decision by the department under this section may request review under 18 AAC 15.185 or 18 AAC 15.195 - 18 AAC 15.340.

(p) In this section, "dry cabin" means a residential structure 1,000 square feet or less that does not have a well or water provided by a direct public utility.

(q) In this section, "TEOM" means tapered element oscillating microbalance.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 2/28/2015, Register 213; am 11/26/2016, Register 220; am 1/12/2018, Register 225; am 1/8/2020, Register 233; am 11/7/2020, Register 236; am 12/8/2024, Register 252

18 AAC 50.078 Additional control measures for a serious PM-2.5 nonattainment area

(a) This section applies to an individual or business whose activities emit PM-2.5 or PM-2.5 precursor pollutants within an area identified in 18 AAC 50.015(b)(3).

(b) After September 1, 2022, only fuel oil, containing no more than 1,000 parts per million sulfur, may be sold or purchased for use in fuel oil-fired equipment, including space heating devices. This subsection does not apply to major stationary sources subject to a Best Available Control Technology determination or to diesel-fired equipment or vehicles subject to more stringent federal diesel fuel sulfur requirements.

(c) Small area sources of PM-2.5 listed below shall provide the following information to the department by March 15, 2020, or 60 days after commencing operations

(1) commercial charbroilers shall identify the

(A) name and location of the commercial cooking operation;

(B) operation type - chain-driven or under-fired;

(D) type of fuel used to heat each charbroiler;

(E) type and quantity, in pounds, of meat cooked on each charbroiler on a weekly basis for the previous 12-month period;

(F) daily operating hours of the commercial cooking operation;

(G) air flow rate, measured in cubic feet per minute, of hood or exhaust system serving each charbroiler; and

(H) manufacturer and model of any installed pollution control devices designed to reduce particulates, kitchen smoke, or odor;

(2) commercial incinerators shall identify the

(A) owner name and physical address;

(B) source type, including medical, liquid, or solid waste;

(D) fuel used;

(E) throughput of waste stream, expressed in pounds per hour;

(F) daily hours of operation;

(G) applicable emission limits and regulatory authorities that govern their operation; and

(H) manufacturer and model of any installed pollution control devices designed to control or limit particulates, smoke, or odor.

(3) commercial used oil burners shall identify the

(A) owner name, facility name, and physical address of the facility;

(B) the purpose of the burner, for example, space heating or boiler operation;

(D) fuel type, for example, lubricants, heat transfer fluids, solvents, cleaning agents, mixtures, or cooking oil;

(E) fuel source, for example; if it is purchased, self-generated, or disposal;

(F) fuel quality, including whether it is raw or processed and, if processed whether it is processed to specifications;

(G) amount of fuel, measured in gallons, consumed by each burner in an hour;

(H) daily operating hours for each burner;

(I) applicable emission limits and regulatory authorities that govern their operation;

(J) manufacturer and model of each waste burner; and

(K) manufacturer and model of any installed pollution control devices designed to control or limit particulates, smoke, or odor.

(d) Within an area identified in 18 AAC 50.015(b)(3),

(1) a commercial coffee roaster that emits 24 pounds or more of particulate matter in a rolling 12-month period

(A) shall, before commencing operations or, for an existing unit, not later than six months after December 8, 2024, install a catalytic oxidizer, thermal oxidizer, or other pollution control device or combination of devices that control PM and VOC emissions that is appropriate to the unit and approved by the department; and

(B) shall comply at all times with

(i) an emission limit of 0.12 pounds per ton of coffee roasted; and

(ii) opacity limits less than or equal to those set out in 18 AAC 50.055(a)(10);

(2) the owner and operator shall maintain the control device or devices in good working condition consistent with the manufacturer's instructions; and

(3) at least once per year the owner, operator, or certified observer conducting compliance observations shall observe visible emissions while the coffee roaster is operating, excluding startup, shutdown, and maintenance, for at least 12 consecutive minutes, using 40 C.F.R. Part 60, Appendix A, Method 22, adopted by reference in 18 AAC 50.035, and keep records of date, time, and results of field observations; and

(4) if the owner or operator observes any visible emissions during the annual survey required under (3) of this subsection, the owner or operator must investigate the cause of the emissions, repair any malfunctions in the control equipment, and keep records of such investigation and documentation; and

(5) the owner or operator of a commercial coffee roaster subject to this section shall

(A) register the device, using a form or method provided by the department; and

(B) provide annual records demonstrating compliance with the requirements of this section including maintenance records and records of visible emissions surveys under 18 AAC 50.078(d)(3), using a form or method provided by the department.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/8/2020, Register 233; am 12/8/2024, Register 252

18 AAC 50.079 Provisions for coal-fired heating devices

(a) This section applies to a person who

(1) owns or operates a coal-fired heating device in an area identified in 18 AAC 50.015(b)(3), if the coal-fired device

(A) is installed before January 12, 2018; and

(B) is not otherwise exempted in this section; or

(2) intends to supply, sell, lease, distribute, convey, or install a coal-fired heating device for operation in an area identified in 18 AAC 50.015(b)(3).

(b) A person may not install or reinstall a coal-fired heating device and may not supply, sell, lease, distribute, or convey a coal-fired heating device for operation in an area identified in 18 AAC 50.015(b)(3).

(c) Except as provided under (d) or (e) of this section, a person may not sell, lease, or convey a coal-fired heating device as part of an existing building or other property located in an area identified in 18 AAC 50.015(b)(3).

(d) Subsections (c) and (f) of this section do not apply to an installed coal-fired heating device that has undergone, during wintertime operation, an emission source test

(1) that the department has approved;

(2) that uses a testing protocol approved for accuracy by the department not less than 30 days before conducting a test; and

(3) for which the maximum emission rate for any individual test run does not exceed 0.10 pounds of total particulate matter per million Btu.

(e) Subsections (c) and (f) of this section do not apply to the conveyance of a coal-fired heating device in an area identified in 18 AAC 50.015(b)(3) if the owner requests and receives a waiver from the department or a local air quality program. The department or local air quality program may grant a waiver not to exceed one calendar year in duration after considering

(1) financial hardship information provided by the owner or operator;

(2) technical feasibility and device design information provided by the owner or operator; and

(3) potential impact to locations with populations sensitive to exposure to PM-2.5; locations under this paragraph include hospitals, schools, child care facilities, health clinics, long-term care facilities, assisted living homes, and senior centers.

(f) Except as provided under (d) or (e) of this section, the owner of an existing coal-fired heating device shall render the device inoperable by the earliest of

(1) December 31, 2024;

(2) before the device is sold, leased, or conveyed as part of an existing building; or

(3) upon expiration of any waiver granted under (e) of this section.

(g) Coal-fired heating devices not meeting the requirements of (b) - (d) of this section may not be advertised for sale within an area identified in 18 AAC 50.015(b)(3).

(h) In an area identified in 18 AAC 50.015(b)(3), a person who owns a device that under this section may not be reinstalled within the area shall

(1) ensure that the device is rendered inoperable when it is removed; or

(2) submit to the department a certified affidavit, in a form the department provides, stating that the device has been removed and will not be reinstalled in an area identified in 18 AAC 50.015(b)(3); the affidavit must be certified by including the following statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete." and, upon sale of the existing building or other property, inform the buyer in writing that a device that under this section may not be reinstalled within the area and may not be installed in the existing building or on the property.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/12/2018, Register 225; am 9/15/2018, Register 227; am 1/8/2020, Register 233; am 12/8/2024, Register 252

18 AAC 50.080 Ice fog standards

Repealed.

History

Eff. 1/18/97, Register 141; repealed 4/16/2022, Register 242

18 AAC 50.081 Real estate transaction requirements; weatherization and energy efficiency

Repealed.

History

Eff. 12/8/2024, Register 252; repealed 12/25/2025, Register 256

18 AAC 50.085 Volatile liquid storage tank emission standards

(a) The owner, operator, or permittee of a volatile liquid storage tank located in the Port of Alaska that has a volume of 9,000 barrels (378,000 gallons) or more shall reduce organic vapors emitted to the atmosphere by using

(1) an internal floating roof installed before June 1, 1992;

(2) an internal floating roof that meets the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040;

(3) a closed vent system and control device that collects and reduces organic vapors emitted to the atmosphere by at least 95 percent (six-hour average), as specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC 50.030; or

(4) a system that the department determines is as effective as those described in (2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsection.

(b) The owner, operator, or permittee of a volatile liquid storage tank with an internal floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after June 1, 1995 that the tank is emptied and degassed.

(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in the Port of Alaska, that has a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1) - (4) of this section, shall, no later than the first time on or after June 1, 1995, that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing conservation vents on the tank as specified in the document referred to in (a)(3) of this section.

(d) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the document referred to in (a)(3) of this section to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all inspections and repairs; and

(4) keep records of those inspections and repairs for at least five years.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030 SLA 1993
Eff. 1/18/97, Register 141; am 11/7/2020, Register 236

18 AAC 50.090 Volatile liquid loading racks and delivery tank emission standards

(a) The owner, operator, or permittee of a stationary source that is located in the Port of Alaska and that has a volatile liquid loading rack with a design throughput of 15 million gallons (357,143 barrels) or more per year shall reduce organic vapors emitted to the atmosphere by

(1) operating a vapor collection system and liquid product loading equipment that

(A) loads volatile liquid through the bottom of the delivery tank or through a submerged loading arm that extends to within six inches of the bottom of the delivery tank;

(B) collects all organic vapors displaced during the loading of vapor-laden delivery tanks;

(C) prevents any organic vapors collected at one delivery tank loading position from passing to another delivery tank loading position;

(D) processes the vapors collected under (B) of this paragraph with

(i) a control device that emits no more than 10 milligrams of organic vapors per liter of volatile liquid loaded (six-hour average); or

(ii) a system that the department determines is as effective as the control device described in (i) of this subparagraph; in making a determination under this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC 50.030;

(E) prevents the gauge pressure in any delivery tank connected to the vapor collection system from exceeding 18 inches of water; and

(F) does not contain a pressure relief valve designed to open at a gauge pressure of less than 18 inches of water, except that for a system using vapor balancing to a storage tank, a pressure relief valve on the storage tank or on any portion of the vapor collection system between a storage tank and the control device may be designed to open at a gauge pressure less than 18 inches of water, but may not open at the normal system operating pressure;

(2) preventing the loading of liquid product into any vapor-laden delivery tank unless the tank

(A) is connected to a vapor collection system that meets the requirements of (1) of this subsection; and

(B) has been certified vapor-tight under (b) of this section within the preceding 12 months; and

(3) preventing leaks in the vapor collection system or liquid loading equipment that result in the release of a volatile liquid organic or a volatile organic vapor in a concentration exceeding 10,000 ppm by volume, measured as methane.

(b) The owner or operator of a delivery tank that is to be loaded with volatile liquid at a loading rack described in (a) of this section shall

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix A-8, Method 27, adopted by reference in 18 AAC 50.040(a), except that

(A) the time period of the pressure test (t) is five minutes;

(B) the initial pressure (P) is 450 millimeters, or 17.7 inches, of water;

(D) the test shall be performed for the volatile liquid as it would be for gasoline;

(2) mark the delivery tank with the month and year that the tank was last certified vapor-tight according to the test required under (1) of this subsection as follows:

(A) for a delivery tank that is the tank portion of a tank truck or tank trailer, the delivery tank must be marked in accordance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;

(B) for a delivery tank that is the tank portion of a rail tank car,

(i) the delivery tank must be marked with letters and numerals at least four inches high;

(ii) the color of the letters and numerals must contrast with the color of the tank;

(iii) the delivery tank must be marked on both sides; a marking need not appear in an exact location; however, each marking must be clearly visible;

(iv) the marking must be "V - month/year";

(3) provide the owner, operator, or permittee of the loading rack with a copy of the most recent test results under (1) of this subsection; and

(4) keep a copy of the most recent test results with the delivery tank.

(c) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC 50.030, to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all inspections and repairs; and

(4) keep records of all inspections and repairs for at least five years.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 11/7/2020, Register 236

18 AAC 50.100 Nonroad engines

The actual and potential emissions of nonroad engines are not included when determining the classification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance with other applicable air pollution control requirements.

History

Authority: AS 46.03.020; AS 46.14.020 AS 46.14.010; AS 46.14.030
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171

18 AAC 50.110 Air pollution prohibited

No person may permit any emission which is injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of life or property.

History

Authority: AS 46.03.020; AS 46.03.710
Eff. 5/26/72, Register 42

Article 2 Program Administration

18 AAC 50.200 Information requests

If requested by the department to determine compliance with AS 46.03, AS 46.14, and this chapter, the owner, operator, or permittee of a stationary source shall maintain records of, and report to the department information on, the nature and amount of emissions from the stationary source and other information designated by the department.

History

Authority: AS 46.03.020; AS 46.14.030Sec. 30, ch. 74, AS 46.14.020 SLA 1993
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171

18 AAC 50.201 Ambient air quality investigation

(a) Upon a finding by the department that emissions from an existing stationary source have a reasonable likelihood of causing or significantly contributing to ambient concentrations of one or more air pollutants that exceed an ambient air quality standard, maximum allowable increase, or the limitations of 18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the effect of the stationary source's emissions of those air pollutants on ambient air or on the limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the department, must satisfy the evaluation requirements of this section, and any prior analysis must accurately represent the stationary source's emissions.

(b) Based on an evaluation submitted under (a) of this section or other information in the department's possession and subject to AS 46.14.010(e), the department may require an existing stationary source to reduce emissions or implement another control strategy to reduce the ambient impact of those emissions as necessary to ensure that the concentration of air pollutants in the ambient air does not exceed the ambient air quality standards, maximum allowable increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed as a source-specific permit condition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the affected owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given the costs of determining an equitable allocation, any emission reduction or control strategy imposed under this section will be equitably allocated among stationary, mobile, and area sources and source categories based upon their relative contribution to the ambient impacts of concern, the cost of additional controls, and other equitable factors.

(c) When determining whether to impose a reduction or control strategy under (b) of this section, the department will consider the uncertainties of ambient air quality analysis, the costs and benefits of resolving the uncertainties, the nature of the ambient impact area, and the proximity and magnitude of adjacent impacts.

(d) The provisions of this section do not apply if the area affected by the emissions of an air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015.

(e) The provisions of this section do not limit the department's ability to require or conduct ambient air quality analysis or control under the construction permit program established under AS 46.14.120 and this chapter.

History

Authority: AS 46.03.020; AS 46.14.030Sec. 30, ch. 74, AS 46.14.020; AS 46.14.120SLA 1993
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171

18 AAC 50.205 Certification

(a) Any permit application, report, affirmation, or compliance certification required by the department under a permit program established under AS 46.14 or this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signature on an electronic application or other electronic record required by the department under a permit program established under AS 46.14 or this chapter if the person providing the electronic signature

(1) uses a security procedure, as defined in AS 09.80.190, approved by the department under AS 09.80.150; and

(2) accepts or agrees to be bound by an electronic record executed or adopted with that signature.

History

Authority: AS 09.80.150; AS 46.14.020Sec. 30, ch. 74, AS 09.80.190; AS 46.14.030 SLA 1993 AS 46.08.020; AS 46.14.140
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 11/7/2020, Register 236

18 AAC 50.210 Potential to emit

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.215 Ambient air quality analysis methods

(a) A person who submits meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall obtain the data in accordance with

(1) the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program, adopted by reference in 18 AAC 50.030, for PM-2.5, PM-10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, ozone, and ammonia;

(2) a reference method or an equivalent method described in 40 C.F.R. Part 50, Appendices D and P, adopted by reference in 18 AAC 50.035(b), for ozone;

(3) EPA's Meteorological Monitoring Guidance for Regulatory Modeling Applications, adopted by reference in 18 AAC 50.035(a), EPA's Quality Assurance Handbook for Air Pollutant Measurement Systems; Volume IV: Meteorological Measurements Version 2.0, adopted by reference in 18 AAC 50.035(a), and the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program, adopted by reference in 18 AAC 50.030, for meteorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of replication, and approved by the department.

(b) Except as provided in (c) of this section, a person who submits an analysis performed to predict ambient air quality conditions shall

(1) ensure that estimates of ambient concentrations and impairment to visibility are based on applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 18 AAC 50.040(f); and

(2) for comparing predicted or measured ambient concentrations of an air pollutant to a maximum allowable increase established under 18 AAC 50.020, exclude

(A) concentrations attributable to a temporary construction activity for a new or modified source; and

(B) the concentrations described under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040(h).

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), Section 3.2 (Alternative Models), adopted by reference in 18 AAC 50.040(f), that the alternative air quality model is more appropriate than a preferred air quality model; and

(2) obtaining approval from the regional administrator and the commissioner's designee.

(d) A stationary source or modification will be considered to cause or contribute to a violation of an ambient air quality standard or maximum allowable increase for a Class II area if the source or modification would, at a minimum, exceed a significant impact level listed in Table 5 of this subsection at any locality that does not or would not meet the applicable ambient air quality standard or maximum allowable increase for a Class II area. A person shall conduct the comparison of a modeled impact to the significant impact level as follows:

(1) for the PM-2.5 significant impact level, the annual average PM-2.5 significant impact level, the one-hour nitrogen dioxide significant impact level, or the one-hour sulfur dioxide significant impact level, the person shall compare

(A) the highest modeled concentration when using either one year of meteorological data or screening meteorological data; or

(B) the highest multi-year average concentration when using a multi-year meteorological data set;

(2) for all other pollutants and averaging periods, the person shall use the highest modeled concentration.

Table 5

Significant Impact Levels (SILs)

PollutantSignificant impact level (micrograms per cubic meter)Averaging periodAnnual24 hours8 hours3 hours1 hourSulfur dioxide

1.0

N/A

PM-10

1.0

N/A

PM-2.5

.03

1.2

N/A

Nitrogen dioxide

1.0

N/A

Carbon monoxideN/AN/A500N/A2,000

Note to Table 5: In this table, ''N/A'' means not applicable.

(e) Repealed 9/15/2018.

History

Authority: AS 46.03.020; AS 46.14.140Sec. 30, ch. 74, AS 46.14.030; AS 46.14.180SLA 1993
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012, Register 203; am 1/4/2013, Register 205; am 4/17/2015, Register 214; am 8/20/2016, Register 219; am 9/15/2018, Register 227

18 AAC 50.220 Enforceable test methods

(a) The department may require an owner, operator, or permittee to conduct air pollutant emission tests to determine compliance with AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other requirement specifies a time period within which testing must be completed, the owner, operator, or permittee shall conduct the testing within the specified period regardless of whether the department explicitly calls for testing under this subsection.

(b) Unless otherwise specified by an applicable requirement or test method, an air pollutant emission test must be performed

(1) at a point or points that characterize the actual discharge into the ambient air; and

(2) at the maximum rated burning or operating capacity of the emissions unit or another rate determined by the department to characterize the actual discharge into the ambient air.

(c) Reference test methods to be used by the owner, operator, or permittee for an applicable requirement of AS 46.14 or this chapter are as follows:

(1) except as provided in (2) of this subsection,

(A) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(a) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040(a);

(B) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(b) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 50.040(b);

(C) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c);

(D) source testing for reduction in visibility through the exhaust effluent must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air Quality Visible Emissions Evaluation Procedures," of the state air quality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.035(b); and

(F) source testing for emissions of PM-10 and PM-2.5 must follow the procedures set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035;

(2) emissions of any air contaminant may be determined using an alternative method approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.035(b); and

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus the excess air volume normal for the specific emissions unit type, corrected to standard conditions.

(d) In deciding whether to require a test under (a) of this section, the department will consider

(1) the compliance status of the emissions unit and the margin of compliance with each applicable requirement as demonstrated by prior compliance tests or other reasonably accurate data or calculations;

(2) the potential variability of emissions from the stationary source; and

(3) the date and results of prior compliance tests, if any.

(e) The owner, operator, or permittee shall submit the results of testing conducted under this section as required by Vol. 3, sec. IV-3, Appendix IV-3, of the state air quality control plan, adopted by reference in 18 AAC 50.030.

(f) In source testing for compliance with the particulate matter standards in 18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of three one-hour test runs. The source test must account for those emissions caused by soot blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test run includes the emissions caused by the routine maintenance activity and is conducted under conditions that lead to representative emissions from that activity. The emissions must be quantified using the following equation:

Click to view

WhereE = the total particulate emissions of the source in grains per dry standard cubic foot (gr/dscf).EM = the particulate emissions in gr/dscf measured during the test that included the routine maintenance activity.ENM = the arithmetic average of particulate emissions in gr/dscf measured by the test runs that did not include routine maintenance activity.A = the period of routine maintenance activity occurring during the test run that included routine maintenance activity, expressed to the nearest hundredth of an hour.B = the total period of the test run, less A.R = the maximum period of source operation per 24 hours, expressed to the nearest hundredth of an hour.S = the maximum period of routine maintenance activity per 24 hours, expressed to the nearest hundredth of an hour.

History

Authority: AS 46.03.020; AS 46.14.030Sec. 30, ch. 74, AS 46.14.010; AS 46.14.140SLA 1993 AS 46.14.020
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 9/17/2011, Register 199; am 9/14/2012, Register 203; am 4/17/2015, Register 214; am 9/15/2018, Register 227

18 AAC 50.225 Owner-requested limits

(a) The owner or operator of an existing or proposed stationary source may request an enforceable limit on the ability to emit air pollutants to avoid all permitting obligations under AS 46.14.130. A limitation approved under this section is an enforceable limitation for the purpose of determining

(1) stationary source-specific allowable emissions; and

(2) a stationary source's potential to emit.

(b) To request approval under this section of limits on the ability to emit, the owner or operator shall submit to the department

(1) a completed stationary source identification form;

(2) a list of all emissions units at the stationary source;

(3) a calculation of the stationary source's actual emissions and potential to emit air pollutants;

(4) a description of each proposed limit, including for each air pollutant a calculation of the effect the limit will have on the stationary source's potential to emit and the allowable emissions;

(5) a description of a verifiable method to attain and maintain each limit, including monitoring and recordkeeping requirements;

(6) citation to each requirement that the person seeks to avoid, including an explanation of why the requirement would apply in the absence of the limit and how the limit allows the person to avoid the requirement;

(7) repealed 10/6/2013;

(8) a statement that the owner or operator of the stationary source will be able to comply with each limit; and

(9) a certification, bearing the signature of the person requesting the limits, that states: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in this request are true, accurate, and complete."

(1) make a preliminary decision to approve the request; or

(2) deny the request and notify the owner or operator of the reasons for the denial.

(d) If the department makes a preliminary decision to approve a request under (c) of this section, the department will solicit public comment on the preliminary decision as follows:

(1) the department will publish a notice in a newspaper of general circulation within the area where the stationary source is or will be located; the department will publish this notice in two consecutive issues of the newspaper and in other media the department considers appropriate; the notice will include

(A) the name and address of the applicant and the location or proposed location of the stationary source;

(B) a summary describing the proposed limit, including reference to the requirement that the limit avoids;

(C) a statement that the department will accept public comment on the proposed limit for 30 days after first publishing notice; and

(D) the name and address of the person to whom comments should be sent;

(2) the department will make available for public review, in at least one location within the area affected by the stationary source, the materials submitted by the owner or operator and a copy of the proposed limit;

(3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and

(4) the department will accept public comments and testimony on the proposed limit for 30 days after publishing the notice required by (1) of this subsection; if the department determines additional time is needed to allow full public participation, it will

(A) extend the public comment period by up to an additional 60 days; and

(B) publish notice of the extension as provided under (1) of this subsection.

(e) After the public comment period provided under (d) of this section, the department will consider the comments received during the public comment period and will make a final decision whether to approve, approve with conditions, or deny the request for cause. This final decision, or a decision to deny the request under (c)(2) of this section, is a permit action for the purpose of review under AS 46.14.200. The absence of a department decision within 30 days after the close of the public comment period provided in (d) of this section will be considered a permit action to deny the request for the purpose of review under AS 46.14.200.

(f) If the department approves a request for a limit, it will issue a letter of approval that

(1) describes the terms and conditions of the approval, including specific testing, monitoring, recordkeeping, or reporting requirements;

(2) lists all equipment covered by the approval;

(3) describes the requirement that the limit allows the owner or operator to avoid; and

(4) contains the statement "I understand and agree to the terms and conditions of this approval" followed by a space for the owner's or operator's signature.

(g) A limit approved under this section becomes effective the day after the department receives a copy of the letter of approval bearing the owner's or operator's signature in the space provided. On and after the date the limit becomes effective and until the limit is revised or revoked under (h) of this section, the owner and operator shall comply with all terms and conditions of the approval.

(h) The owner or operator may request the department to revise the terms or conditions of the approval issued under this section by submitting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approval under (f) of this section as if the limit had never been approved. The limit remains in effect until the owner or operator

(1) obtains a new limit that allows the owner or operator to continue to avoid the requirements; or

(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other requirement that was avoided.

(i) If an owner or operator requests a limit under this section for a stationary source that already has one or more limits approved under this section, the owner or operator shall provide a copy of all existing limits with the information provided under (b) of this section. This copy is required regardless of whether the new limit will apply to emissions units regulated under any existing limits. If the department makes a preliminary decision to approve the new limit, the department will combine the new limit and all existing limits into a single decisional document and process it in accordance with (d) - (g) of this section. All existing limits remain in effect until the effective date of the new decision, unless revoked earlier in accordance with (h) of this section.

History

Authority: AS 46.03.020; AS 46.14.020; AS 46.14.140 AS 46.03.030; AS 46.14.120
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203; am 10/6/2013, Register 208; am 9/15/2018, Register 227

18 AAC 50.230 Preapproved emission limits

(a) This section sets out limits for certain stationary sources that become effective the day after the department receives a request containing all the required information. Under these "preapproved" emission limits or PAEL's, no additional department approval is required. The owner and operator shall comply with the limit while that limit is in effect. The limit remains in effect until revoked in accordance with (e) of this section.

(b) The owner or operator of a stationary source containing one or more emissions units described in (c), (d), or (f) of this section may request that the preapproved limits in those subsections be applied to that stationary source. To make the request, the owner or operator shall submit to the department the information required for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines may be established by restricting the amount of fuel that may be burned in an engine. To implement these limits, the owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limits will apply;

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 12 months;

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would have the potential to emit if subjected to the limits on fuel use proposed under (C) of this paragraph, determined by dividing the number provided under (C) of this paragraph by 3,309;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all emissions units at the stationary source that are not listed under (B) of this paragraph;

(F) a calculation of the stationary source's total potential to emit nitrogen oxides, determined by adding the values derived under (D) and (E) of this paragraph;

(G) a list setting out each of the conditions required under (2) of this subsection;

(H) a certification bearing the owner's or operator's signature stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this subsection and agrees to those conditions in order to limit nitrogen oxide emissions from the equipment listed under (B) of this paragraph to no more than the value calculated under (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(f)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) of this subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection;

(B) record the amount of fuel consumed in the equipment listed under (1)(B) of this subsection each month and calculate the total fuel consumed in the equipment during the preceding 12 months;

(C) keep all receipts for fuel purchases and all records and calculations under (B) of this paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of this paragraph for the preceding year as follows:

(i) by electronic submission through the department's website, for records submitted on or after November 7, 2020; or

(ii) upon approval by the department, by alternative methods, including by letter, form, or electronic mail, for records submitted on or after November 7, 2020, if the permittee does not have the technical ability to submit the records using the department's website.

(d) The owner or operator of a gasoline distribution facility may limit the maximum daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in this subsection is applied, the department will consider the stationary source to be a bulk gasoline plant under the standards adopted by reference in 18 AAC 50.040(a)(2)(M) and (AA). The owner or operator shall

(1) submit to the department a form containing

(A) the name and address of the stationary source to which the limit will apply;

(B) a list of each tank containing gasoline at the stationary source, including the working capacity of each tank;

(D) a certification bearing the signature of the owner or operator stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this section and agrees to those conditions in order to be classified as a bulk gasoline plant; and

(E) the administration fee in 18 AAC 50.400(f)(2); and

(2) agree to

(A) limit the quantity of gasoline transferred from tanks at the stationary source each day to less than 19,900 gallons;

(B) record the amount of gasoline transferred from tanks at the stationary source each day;

(C) keep all receipts for fuel sales and all records under (B) of this paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of this paragraph for the preceding year as follows:

(i) by letter, by form, or by electronic submission through the department's website, for records submitted on or before January 31, 2019;

(ii) by electronic submission through the department's website, for records submitted on or after February 1, 2019; or

(iii) upon approval by the department, by alternative methods, including by letter, by form, or by electronic mail, for records submitted on or after February 1, 2019, if the permittee does not have the technical ability to submit the records using the department's website.

(e) The owner or operator may terminate a limit under this section by notifying the department, in writing, of the proposed date for termination of the limit. On and after the proposed date, the limit is no longer in effect unless the limit made it possible for the owner or operator to avoid any preconstruction review procedures or to avoid the requirement for an operating permit. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until the owner or operator obtains

(A) a new minor permit or construction permit under this chapter as if the limit had never existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; or

(2) did not make it possible to avoid preconstruction review, but made it possible to avoid a Title V permit or minor permit to operate, the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit.

(f) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines with EPA Nonroad and Marine Compression Ignition Engine Tier Certifications may be established by restricting the amount of fuel that may be burned in an engine. To implement these limits, the owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limits will apply;

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the make, model, serial number, manufactured year, EPA Tier Certification, and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 12 months, determined by identifying the EPA Tier certification in Table 5a that corresponds to the lowest EPA Tier certified engine at the facility;

Table 5a

Maximum Fuel Use by EPA Tier Certification

EPA Nonroad Compression

Ignition Certification TierEPA Marine

Compression Ignition

Certification TierMaximum Fuel Use

(gallons/consecutive 12 months)EPA Nonroad

Compression Ignition

Certification TierEPA Marine

Compression Ignition

Certification TierMaximum Fuel Use

(gallons/consecutive 12 months)12200,00023300,0003, & 4 Interim (engines

<= 900 kW)4500,0004 Final, & 4 Interim

(engines > 900 kW)N/A1,000,000

(D) a list setting out each of the conditions required under (2) of this subsection;

(E) a certification bearing the owner's or operator's signature stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and complete"; and

(F) the administration fee in 18 AAC 50.400(f)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) of this subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection;

(B) record the amount of fuel consumed in the equipment listed under (1)(B) of this subsection each month and calculate the total fuel consumed in the equipment during the preceding 12 months;

(C) keep all receipts for fuel purchases specifying sulfur content and gallons of fuel, and all records and calculations under (B) of this paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of this paragraph for the preceding year as follows:

(i) by electronic submission through the department's website, for records submitted on or after November 7, 2020; or

History

Authority: AS 44.46.025; AS 46.14.030; AS 46.14.180 AS 46.03.020; AS 46.14.120; AS 46.14.240 AS 46.14.010; AS 46.14.130 AS 46.14.020; AS 46.14.170
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194; am 9/26/2015, Register 215; am 9/15/2018, Register 227; am 11/7/2020, Register 236

18 AAC 50.235 Unavoidable emergencies and malfunctions

(a) If an unavoidable emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based emission standard, the owner, operator, or permittee shall

(1) take all reasonable steps to minimize levels of emissions that exceed the standard; and

(2) give written notice to the appropriate department office within two working days after the event commenced or was discovered; notice under this paragraph must include a description of the event, the cause of the event, steps taken to mitigate emissions, and corrective measures taken or to be taken.

(b) A person who asserts the affirmative defense recognized in AS 46.14.560 must demonstrate that

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emissions unit occurred, and the person can identify the cause;

(2) the stationary source was being properly operated when the event described in (1) of this subsection occurred; and

(3) the person took the steps required under (a) of this section.

(c) In any enforcement action, the person seeking to assert the affirmative defense under AS 46.14.560 and this section has the burden of proof.

(d) For the purposes of this section, an emergency or malfunction is unavoidable

(1) if it arises from a sudden and reasonably unforeseeable event beyond the person's control, including an act of God, that requires immediate corrective action to restore normal operation; and

(2) to the extent it was not the result of improper design, lack of preventive maintenance, careless or improper operation, or operator error.

History

Authority: AS 46.03.020; AS 46.14.140; AS 46.14.560
Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 10/1/2004, Register 171; am 9/15/2018, Register 227

18 AAC 50.240 Excess emissions

(a) In an enforcement action, the owner, operator, or permittee has the burden of proving that excess emissions were unavoidable. This demonstration is a condition to obtaining relief under (d), (e), and (f) of this section.

(b) Excess emissions violations that the department determines to be unavoidable under this section are not subject to penalty by the department. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the owner, operator, or permittee believes to be unavoidable must be reported to the department as soon as possible. Unless otherwise specified in the stationary source's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be taken to minimize or eliminate the chance of recurrence.

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that

(1) the excess emissions could not have been prevented through careful planning and design; and

(2) if a bypass of control equipment occurred, the bypass was necessary to prevent loss of life, personal injury, or severe property damage.

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that the excess emissions could not have been avoided through reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that

(1) the event was not caused by poor or inadequate design, operation, or maintenance or by any other reasonably preventable condition;

(2) the event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should have known that an emission standard or permit condition was being exceeded, the operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the source as necessary to minimize emissions.

(g) A demonstration under (d), (e), or (f) of this section must be supported by records made at the time the excess emissions occurred.

History

Authority: AS 46.03.020; AS 46.14.140 AS 46.14.030; AS 46.14.560
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 12/29/2016, Register 220

18 AAC 50.245 Air quality episodes and advisories for air pollutants other than PM-2.5

(a) The department or a local air quality control program may declare an air quality episode and prescribe and publicize curtailment action if the concentration of an air pollutant in the ambient air has reached, or is likely in the immediate future to reach, any of the concentrations established in Table 6 in this subsection.

Table 6

Concentrations Triggering an Air Quality Episode for Air

Pollutants Other Than PM-2.5.

Episode TypeAir PollutantConcentration in

micrograms per cubic meter

{ and in ppm where applicable}

Air alertSulfur dioxide365 (24-hour average)

{0.14 ppm}

PM-10

150 (24 - hour average)

PM-10 from wood burning (wood smoke control areas)

92 (24 - hour average)Carbon monoxide10,000 (8-hour average)

{8.7 ppm}

Air warningSulfur dioxide800 (24-hour average)

{0.31 ppm}

PM - 10

350 (24 - hour average)

Carbon monoxide17,000 (8-hour average)

{15 ppm}

Air emergencySulfur dioxide1,600 (24-hour average)

{0.61 ppm}

PM-10

420 (24 - hour average)

PM-10 from wood burning

(wood smoke control areas)During an air alert, a

concentration measured or

predicted to exceed 92 (24-hour

average), and to continue to

increase beyond the

concentration that triggered

the air alert

Carbon monoxide34,000 (8-hour average)

{30 ppm}

(b) The department or a local air quality control program will declare an air quality advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department or a local air quality control program declares an air quality advisory under (b) of this section, the department or a local air quality control program will

(1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationary source's emissions might impact the area subject to the advisory; and

(2) publicize actions to be taken to protect public health.

(d) Nothing in this section alters a local government's powers or obligations under a local air quality control program established under AS 46.14.400 and other local laws, as applicable.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 2/28/2015, Register 213

18 AAC 50.246 Air quality episodes and advisories for PM-2.5

(a) The department or a local air quality control program may declare an air quality episode and prescribe and publicize the actions to be taken if the concentration of PM-2.5 in the ambient air has reached, or is likely in the immediate future to reach, any of the concentrations established in Table 6a in this subsection. The episode thresholds and actions prescribed for any area that has a local air quality plan included in the State Air Quality Control Plan adopted by reference in 18 AAC 50.030 must be consistent with the emergency episode provisions included in that plan.

Table 6a

Concentrations Triggering an Air Quality Episode for PM-2.5

Episode TypeAir PollutantConcentration in

micrograms per cubic meterAir alertPM 2.535.5 (24-hour average)Air warningPM 2.555.5 (24-hour average)Air emergencyPM 2.5150.5 (24-hour average)

(b) The department or a local air quality control program authorized by the department under AS 46.14.400 will declare a PM-2.5 air quality advisory if, in its judgment, PM-2.5 air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department or a local air quality control program declares a PM-2.5 air quality advisory under (b) of this section, the department or a local air quality control program will

(1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationary source's emissions might impact the area subject to the advisory; and

(2) publicize actions to be taken to protect public health.

(d) Nothing in this section alters a local government's powers or obligations under a local air quality control program established under AS 46.14.400 and other local laws, as applicable.

History

Authority: AS 46.03.020; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 2/28/2015, Register 213

18 AAC 50.250 Procedures and criteria for revising air quality classifications

(a) Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of the state can be revised. This section sets out the procedures and criteria for revising an air quality classification.

(b) A geographic area that exceeds 10,000 acres and is one of the following may be classified only as Class I or Class II:

(1) a national park or national wilderness area established after August 7, 1977; or

(2) a national monument, national primitive area, national preserve, national recreation area, national wild and scenic river, national wildlife refuge or range, or a national lakeshore or seashore.

(c) The department will, on its own motion, or upon receipt of a petition under AS 44.62.220, propose to change the air quality classification of a geographical area. The department will, in its discretion, combine or coordinate any public meetings or hearings conducted under (e) of this section with those conducted under AS 44.62.180 - 44.62.290. The department will make the report prepared under (d) of this section available to the public during the public comment period provided under AS 44.62.210.

(d) Before proposing a change to a geographic air quality classification, the department will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that includes

(1) an accurate description of the boundaries of the geographic area for which the change in air quality classification is proposed;

(2) the classification in effect for the area and the proposed classification;

(3) a statement of the reasons why the change to the air quality classification is proposed and is in the public interest;

(4) a detailed evaluation of new emissions and ambient air quality impacts expected to occur in the area to be reclassified and in adjacent areas as a result of a modification to a stationary source in that area or from construction and operation of a new stationary source in that area

(A) for which a complete permit application under AS 46.14.160 is pending before the department at the time the report is prepared; or

(B) that has been proposed, would be subject to this chapter and AS 46.14.120 or 46.14.130, and could not be permitted under those provisions without a change in the air quality classification for the area;

(5) an evaluation of the effects on air quality in other geographic areas classified in 18 AAC 50.015(c) of any proposed new or modified stationary source in the area to be reclassified; and

(6) a detailed analysis of the health, environmental, economic, social, and energy effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that changes the air quality classification of an area of the state,

(1) for any change,

(A) the federal administrator must have approved the change;

(B) the department must have conferred with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation;

(C) the department must have notified each affected federal land manager of the proposed change and provided at least 30 days to comment on the report described in (d) of this section;

(D) the department must have published in a newspaper of general circulation in the state a summary of the comments and recommendations of any affected federal land manager received under (B) of this paragraph and an explanation of the reasons for implementing a change that is inconsistent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, economic, social, and energy effects of the change are in the public interest;

(ii) implementing the change will not cause or contribute to a violation of the ambient air quality standards or maximum allowable increase;

(2) for any change to the classification of lands within the exterior boundary of a reservation of a federally-recognized Indian tribe, the governing body of the tribe must have approved the change; and

(3) for a reclassification of an area to Class III, the change must meet the applicable requirements of 42 U.S.C. 7474, adopted by reference as amended through December 19, 1996.

(f) In this section, "federal land manager" has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2019 and adopted by reference.

History

Authority: AS 44.62.210; AS 44.62.230; AS 46.14.030 AS 44.62.220; AS 46.03.020
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 11/7/2020, Register 236

18 AAC 50.260 Guidelines for best available retrofit technology under the regional haze rule

(a) For purposes of this section, the following are adopted by reference:

(1) 40 C.F.R. 51.301 (Definitions), as revised as of July 1, 2007, except that

(A) "fugitive emissions" has the meaning given in 18 AAC 50.990;

(B) "major stationary source" has the meaning given in AS 46.14.990 and 18 AAC 50.990;

(D) "stationary source" has the meaning given in AS 46.14.990;

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under the regional haze rule), as revised as of July 1, 2007.

(b) Sources subject to a best available retrofit technology (BART) emission limitation will be identified consistent with Section III of the BART guidelines. No more than five days after December 30, 2007, the department will notify the owner or operator of each source subject to BART in writing and will identify the affected Class I areas. A written notice provided to the owner or operator before December 30, 2007 satisfies the notification requirement in this subsection. Unless the department exempts a source in accordance with Section III of the BART guidelines, each source subject to BART shall comply with (d) - (h) and ( l) - (o) of this section.

(c) An owner or operator notified under (b) of this section may request an exemption from BART. An exemption from BART approved by the department in writing before December 30, 2007 has the same effect as an exemption approved under this subsection. An exemption from BART must be requested and will be processed as follows:

(1) the owner or operator shall

(A) notify the department, no more than 10 days after the later of December 30, 2007 or the date of the department's notice under (b) of this section that the owner or operator intends to request exemption from BART through visibility impact analysis modeling; and

(B) submit, no more than 30 days after the later of December 30, 2007 or the date of the department's notice under (b) of this section, a visibility impact analysis modeling protocol that will meet the requirements of (h)(3) of this section for refined visibility impact analysis modeling;

(2) no more than 30 days after receiving a submission under (1)(B) of this subsection, the department will

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval;

(3) upon approval of the modeling protocol, the owner or operator shall

(A) conduct a visibility impact analysis in accordance with (h)(3) of this section; and

(B) submit the visibility impact analysis report, including all supporting documentation, to the department no than 60 days after the date of the department's approval under (2)(A) of this subsection; if a modeling protocol is submitted and approved before December 30, 2007, the visibility impact analysis report required under this subparagraph shall be submitted no later than March 30, 2008;

(4) the department will approve an exemption if the owner or operator meets the requirements of (1) and (3) of this subsection and the information submitted adequately demonstrates that the BART-eligible source is not reasonably anticipated to cause or contribute to any impairment of visibility in a Class I area identified in the department's notice under (b) of this section;

(5) if the department disapproves an exemption, the owner or operator shall

(A) submit a BART control analysis in accordance with (d) - (o) of this section; or

(B) submit an application under 18 AAC 50.225 for an owner requested limit (ORL); that application must be submitted no more than 30 days after the date of the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the owner or operator shall comply with the terms and conditions of that approval; if the owner requested limit is subsequently rescinded, the owner or operator shall conduct a BART control analysis in accordance with (d) - (o) of this section;

(6) the department will notify each owner or operator, EPA, and each affected federal land manager, in writing, of a department approval or disapproval under this subsection; if the decision is to approve an exemption, either through visibility impact analysis or an owner requested limit, the department will explain what requirements of this section no longer apply to the BART-eligible source.

(d) If an owner or operator does not submit a modeling protocol under (c)(1) of this section, or if the department disapproves the exemption request under (c) of this section, the owner or operator shall submit a BART assessment modeling protocol that meets the requirements of (h)(3) of this section for control technology visibility impact analysis modeling no more than 30 days after the latest of December 30, 2007, the date of the department's notice under (b) of this section, or the date of the department's notice disapproving the exemption request under (c) of this section. No more than 30 days after submission of a modeling protocol under this subsection, the department will

(1) approve the modeling protocol; or

(2) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval.

(e) For purposes of analyzing the visibility impact from potential control technologies, the owner or operator of each source subject to BART shall submit to the department an analysis of control options consistent with Section IV of the BART guidelines

(1) no more than 210 days after the later of December 30, 2007 or the date of the department's notice under (b) of this section, if the owner or operator did not submit an exemption modeling protocol under (c)(1) of this section; or

(2) no more than 180 days after the date of the department's notice disapproving an exemption request submitted under (c) of this section.

(f) The pollutants of concern for purposes of BART are nitrogen dioxide, sulfur dioxide, and PM-10.

(g) If an owner or operator elects to apply, or has already applied, the most stringent controls available consistent with the analysis conducted under (e) of this section, the owner or operator is not required to conduct a visibility impact analysis for the emissions units and pollutants to which the controls are to be or have been applied.

(h) A visibility impact analysis must

(1) use an identical modeling approach for comparing the pre-control and post-control impacts of potential BART controls;

(2) determine the maximum change in visibility impacts, in daily deciviews, between the current or pre-control technology and each potential BART control option consistent with the approved modeling protocol compared to the annual average default natural visibility condition as listed in EPA's Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule, EPA-454/B-03-005, dated September 2003 and adopted by reference, at each Class I area identified in the department's notice under (b) of this section; and

(3) be conducted in a manner consistent with either

(A) the Western Regional Air Partnership's CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United States, dated August 15, 2006 and adopted by reference, as amended by the Western Regional Air Partnership's Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007 and adopted by reference; or

(B) a modified protocol that was first submitted as a draft and made available for at least a 15-day review by EPA and each affected federal land manager, and subsequently approved in writing by the department.

(i) The department will request from the owner or operator any additional information necessary to complete review of the analysis of control options for a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or operator. The owner or operator shall provide such information no later than the deadline established by the department.

(j) The department will review each analysis of control options and issue a preliminary BART determination for each emissions unit at each source subject to BART. In the preliminary BART determination, the department will include

(1) the pollutant-specific emission limits for each emissions unit at each source subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(k) No more than 120 days after receipt of BART analysis under (e) of this section, the department will publish a notice of its preliminary BART determination and provide at least 30 days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 18 AAC 50.040(j), except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(2) the department will hold a public hearing only if one is requested within 15 days after publication of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after consideration of comments and testimony received, the department will make a final BART determination and provide written notice of the final determination to each owner or operator, EPA, each affected federal land manager, and any person who commented on the preliminary BART determination. In the final BART determination, the department will include

(1) the pollutant-specific emission limits for each emissions unit at each source subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(m) An informal review of the final BART determination may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested as prescribed in 18 AAC 15.195 - 18 AAC 15.340.

(n) As expeditiously as practicable, but in no case more than five years after the date of EPA approval of the regional haze state implementation plan required under 42 U.S.C. 7410 and 7491, the owner or operator of a source that is subject to a final BART determination under this section shall comply with the requirements established in that determination.

(o) The owner or operator of a source required to install control equipment to comply with the BART determination shall

(1) maintain the control equipment and establish procedures to ensure that the equipment is properly operated and maintained; and

(2) conduct monitoring, recordkeeping, and reporting in accordance with methods set out in the final BART determination.

(p) Department services under this section are designated regulatory services for pre-application assistance and will be billed to the operating permit covering the source subject to BART as set out in 18 AAC 50.400(h).

(q) In this section,

(1) "BART" has the meaning given the term "Best Available Retrofit Technology" in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(2) "BART-eligible source" has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(3) "BART guidelines" means 40 C.F.R. Part 51, Appendix Y (Guidelines for BART determinations under the regional haze rule) adopted by reference in (a) of this section;

(4) "cause or contribute to impairment of visibility" means to release emissions that produce a 0.5 or greater change in the daily deciview when compared against natural conditions; for purposes of this paragraph, "natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration;

(5) "deciview" has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(6) "existing stationary facility" has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(7) "federal land manager" has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(8) "maximum change" means the greatest relative change in visibility between pre-BART controls and post-BART controls for purposes of this section;

(9) "source subject to BART" means a source identified by the department in accordance with Section III of the BART guidelines;

(10) "visibility impact analysis" means an air quality modeling analysis conducted for the purposes of determining visibility impacts.

History

Authority: AS 46.03.710; AS 46.14.020Sec. 30, ch. 74, AS 46.14.010; AS 46.14.030SLA 1993
Eff. 12/30/2007, Register 184; am 7/1/2010, Register 194; am 10/6/2013, Register 208; am 9/26/2015, Register 215; am 9/15/2018, Register 227

18 AAC 50.265 Additional requirements for construction or operation of Title V

In accordance with Volume II, Section 111. .13. . of the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, in addition to meeting all requirements in 18 AAC 50 as applicable, all stationary sources that require a permit, are located or operating within the area defined in 18 AAC 50.025(a)(4), and contain fuel burning equipment or industrial processes, shall

(1) maintain onsite for 10 years, records of any maintenance to any significant emissions unit that is not an insignificant emissions unit under 18 AAC 50.326 d) - (i), that has or may have an effect on any emission that affects visibility of Class I areas, including critical maintenance that has occurred or is planned to occur, including all schedules, practices, and maintenance records for each significant emissions unit and control device according to the manufacturer's emission-related written instructions;

(2) if the applicant has not previously submitted the information necessary for the state to compile the national emission inventory as required in 40 C.F.R. Part 51 Subpart A, as revised as of July l, 2022 and adopted by reference, include that information in accordance with 18 AAC 50.200;

(3) upon request by the department, submit copies of the information required under (1) of this section;

(4) ensure that an application for a construction permit, new permit, permit renewal, or permit modification specifically addresses information related to possible impacts on the reasonable further progress goals for Class I areas, as identified in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030; in addition to the requirements found in 18 AAC 50.300 - 18 AAC 50.390 and 18 AAC 50.502 - 18 AAC 50.560, as applicable, the application must also include

(A) anticipated equipment major maintenance schedules, if applicable;

(B) a best estimate of the projected equipment life of a significant emissions unit if known; for new construction, a permit requirement will be included to collect this information once an emissions unit is installed;

(C) an assessment of whether or not emissions resulting from the proposed project may impact the state's reasonable further progress goals; and

(D) a description of mitigation measures to minimize any identified adverse impacts to the state's reasonable further progress goals;

(5) implement mitigation measures identified in a permit to minimize any potential adverse impacts identified.

History

Authority: AS 46.03.020; AS 46.14.020; AS 46.14.130 AS 46.03.710; AS 46.14.030; AS 46.14.140 AS 46.14.010; AS 46.14.120; AS 46.14.180
Eff. 8/21/2022, Register 243

18 AAC 50.270 Electronic submission requirements

(a) If an electronic form is available within the permittee portal for records or information required by the department, a person shall submit that information electronically using the designated form. The department will post, on its air quality Internet website, a list of records or information required to be submitted electronically through the permittee portal and an effective date for the requirements to use the designated forms under (c) or (g) of this section.

(b) Upon written department approval, a person may submit required records or information using methods other than the method required in (a) of this section. If the person does not have reasonable access to equipment necessary to access the permittee portal, the department may approve submission by alternative methods, including by letter, form, or electronic mail. Approval under this subsection is temporary and does not remain effective for more than one calendar year without the department's written extension of the approval.

(c) For records and information that must be submitted using electronic web forms that are available before September 7, 2022, unless an owner or operator is already required to submit records or information electronically, the requirement to use the forms takes effect not later than September 7, 2023.

(d) For electronic web forms developed after September 7, 2022 the department shall post a notice, on the department's Internet website, of the development of a new electronic web form and notify by electronic mail those permittees that may be affected.

(e) Upon completion of a new electronic web form, the department will provide an electronic test environment and a timeframe where affected entities may review and comment on the draft web form.

(f) After the review and expiration of the posted timeframe under (e) of this section, the department will make the new electronic web form and the effective date of required electronic submission available on the permittee portal. The effective date for new electronic web forms will be at least one year after the expiration of the posted timeframe under (e) of this section. The department will notify all affected parties, by electronic mail, of the new requirement and effective date.

(g) After the department adds a new electronic web form to the permittee portal under (f) of this section, and starting not later than the form's effective date, its use will be required for electronic submission of reports or information in accordance with established reporting deadlines.

(h) In this section, "permittee portal" means the online service provided by the department that allows registered organizations to conduct permit-related activities, such as submission of air quality compliance forms or open burn applications.

History

Authority: AS 46.03.020; AS 46.14.020; AS 46.14.140 AS 46.14.010; AS 46.14.030
Eff. 9/7/2022, Register 243

18 AAC 50.275 Consistency of reporting methodologies

(a) Regardless of permit classification, as of September 7, 2022, all stationary sources operating in the state shall report actual emissions as required under this chapter to the department, either upon request or to meet individual permit requirements, in order for the state to meet the federal reporting requirements under 40 C.F.R. Part 51, Subpart A.

(b) For the purposes of reporting potential, actual, or assessable emissions under any requirement of this chapter, stationary sources shall use consistent pollutant-specific emissions factors and calculation methods for all reporting requirements.

History

Authority: AS 46.03.020; AS 46.14.020; AS 46.14.140 AS 46.14.010; AS 46.14.030
Eff. 9/7/2022, Register 243

Article 3 Major Stationary Source Permits

18 AAC 50.300 Construction permits: classifications

Repealed.

History

Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 2/2/2002, Register 161; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171

18 AAC 50.301 Permits: continuity

(a) An air quality permit that is effective under this chapter as of October 1, 2004 remains in effect until it

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.280; or

(3) is replaced by a permit issued under this chapter.

(b) For a permit under this chapter, if the applicant has submitted a complete application before October 1, 2004, but the department has not yet issued the permit by that date, the

(1) applicant may request in writing that the department process the application under the regulations in effect before or after October 1, 2004; and

(2) department will process the application in accordance with the applicant's request.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.230 AS 46.14.010; AS 46.14.130; AS 46.14.280 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171

18 AAC 50.302 Construction permits

(a) An owner or operator must obtain a construction permit before beginning actual construction of a new major stationary source, a major modification, a PAL major modification, or a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or operator must obtain one or more of the following types of construction permits, as applicable:

(1) a prevention of significant deterioration (PSD) permit under 18 AAC 50.306;

(2) a nonattainment area major stationary source permit, under 18 AAC 50.311;

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous air pollutants.

(b) If a stationary source or modification requires permits under more than one section in this chapter, the owner or operator may file a single permit application, and the department will issue a single permit incorporating all applicable construction permit requirements.

(c) If a term or condition is established in a PSD permit listed in (a)(1) of this section, or established in a PSD permit incorporated into a permit under (b) of this section, and is identified in the permit as solely necessary to meet a Title V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3), the term or condition is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326.

History

Authority: AS 46.03.020; AS 46.14.030Sec. 30, ch. 74, AS 46.14.010; AS 46.14.120SLA 1993 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171; am 12/9/2010, Register 196; am 9/14/2012, Register 203

18 AAC 50.305 Construction permit provisions requested by the owner or operator

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.306 Prevention of significant deterioration (PSD) permits

(a) An owner or operator must obtain a prevention of significant deterioration (PSD) permit under this section before beginning actual constriction of a new major stationary source, a major modification, or a PAL major modification.

(b) To satisfy the requirement of (a) of this section, the owner or operator must comply with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the following changes:

(1) in 40 C.F.R. 52.21,

(A) the term "administrator" means

(i) "federal administrator" in 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (b)(48)(ii)(c), (i)(1)(x), (l)(2), and (p)(2); and

(ii) "department" elsewhere;

(B) the term "national ambient air quality standard" means an ambient air quality standard set out in 18 AAC 50.010 for this state;

(C) the term "ambient air increment" or "maximum allowable increase" means a maximum allowable increase set out in Table 3 in 18 AAC 50.020(b), calculated as described in 18 AAC 50.020;

(2) exclusions from increment consumption apply to the maximum extent allowed under 18 AAC 50.215(b)(2);

(3) in 40 C.F.R. 52.21(i)(1)(xi), each reference to the date "July 15, 2008" is replaced with "December 9, 2010.

(c) The department will issue each permit under this section following the procedures and other requirements of AS 46.14, and of 40 C.F.R. 51.166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18 AAC 50.040, with the following additions and exemptions:

(1) the date of receipt of the application is the date that the department has received all required information under AS 46.14.160 and this section;

(2) the department will provide at least 30 days for the public to comment, and upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h);

(3) if requested by the owner or operator of a stationary source or modification that requires both a PSD permit and a Title V permit or permit modification, the department will integrate review of the operating permit application or amendment required by 18 AAC 50.326 and the PSD permit application required by this section; a PSD permit application designated for integrated review will be processed in accordance with procedures and deadlines described in 18 AAC 50.326.

(d) In each PSD permit issued under this section, the department will include terms and conditions

(1) as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this section, including terms and conditions consistent with AS 46.14.180 that require the permittee to

(A) install, use, and maintain monitoring equipment;

(B) sample emissions according to the methods prescribed by the department, at locations and, intervals specified by the department, and by procedures specified by the department;

(D) keep records; and

(E) make periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 - 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 - 18 AAC 50.420.

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 1/4/2013, Register 205

18 AAC 50.310 Construction permits: application

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.311 Nonattainment area major stationary source permits

(a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, before commencing construction of a major stationary source, major modification, or PAL major modification for a nonattainment pollutant in a nonattainment area, an owner or operator must obtain a construction permit from the department.

(b) The application for a permit under this section must include

(1) for the nonattainment air pollutant,

(A) demonstration, including substantiating information, that emissions of the pollutant will be controlled to a rate that represents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissions from other stationary sources within the nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) a description of the proposed reductions in actual emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description must include

(i) from each stationary source providing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(4); and

(ii) a certification that proposed reductions in actual emissions will occur before the onset of emission increases from the stationary source or modification;

(2) a demonstration that other stationary sources owned or operated by the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal regulations; or

(B) an order issued under AS 46.03 that controls air emissions from those stationary sources; and

(3) a demonstration that the benefits of construction, operation, or modification of the stationary source will significantly outweigh the environmental and social costs incurred, considering factors such as alternative sites, sizes, production processes, and environmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2019 and adopted by reference, the department will provide notice and opportunity for a 30-day public comment period on the department's proposed permit or proposed denial. The department will issue a permit only if the department finds that the applicant has shown that the stationary source or modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by reference in 18 AAC 50.040.

(d) In each construction permit issued under this section, the department will include terms and conditions

(1) as necessary to ensure that the proposed stationary source or modification will meet the requirements of this section, including terms and conditions consistent with AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department at locations and intervals specified by the department, and by procedures specified by the department;

(D) keeping records; and

(E) making periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 - 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 - 18 AAC 50.420

(e) For purposes of nonattainment area major stationary source permits under this section, the term "significant" as defined under 40 C.F.R. 51.165(a)(1), adopted by reference in 18 AAC 50.040, includes 40 TPY of ammonia emissions as a precursor for PM-2.5.

History

Authority: AS 46.03.020; AS 46.14.020; AS 46.14.170 AS 46.03.850; AS 46.14.130; AS 46.14.180 AS 46.14.010; AS 46.14.140
Eff. 10/1/2004, Register 171; am 9/15/2018, Register 227; am 11/7/2020, Register 236

18 AAC 50.315 Construction permits: review and issuance

Repealed.

History

Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171

18 AAC 50.316 Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants

(a) Applicability. The owner or operator of a major source of hazardous air pollutants subject to a standard under 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040, must obtain a construction permit before

(1) constructing a new major source of hazardous air pollutants subject to that standard;

(2) reconstructing a major source of hazardous air pollutants subject to that standard; or

(3) reconstructing a major source of hazardous air pollutants in a way that causes the source to become an affected source that is major-emitting under C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term "administrator" as used in 40 C.F.R. 63.5(d) - (e), adopted by reference in 18 AAC 50.040, means "department" for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and submitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application,

(1) the department will prepare a report that contains a preliminary decision to approve or deny the permit application; the department will make a decision to issue the permit only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040 are met;

(2) if the department makes the preliminary decision to deny the permit application, the owner, operator, or permittee may submit additional information for the department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates by which the applicant must submit any additional information under this paragraph;

(B) within 60 days after receiving the additional information, the department will

(i) make a preliminary decision to approve or approve with conditions; or

(ii) take a final permit action and deny the permit application for cause;

(3) if the department makes a preliminary decision to approve the permit application, the department will

(A) prepare a draft permit;

(B) provide at least 30 days for the public to comment, and, upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and

(C) make available for public review the materials submitted by the applicant and a copy of the proposed permit in at least one location within the area known or expected to be affected by the stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will issue the permit consistent with AS 46.14.170.

(d) Permit Content. In a permit under this section, the department will include terms and conditions that

(1) reference specific applicable requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 - 18 AAC 50.420.

(e) Notification. For each notification that the owner or operator is required to send to the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or operator shall also send a copy of the notification to the department.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172

18 AAC 50.320 Construction permits: content and duration

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.321 Case-by-case maximum achievable control technology determinations

(a) Purpose. This section implements EPA requirements for case-by-case maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) in 40 C.F.R. 63.40 - 63.44, adopted by reference in 18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has been specifically regulated or exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j)), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of this section.

(1) an electric utility steam generating unit unless, and until such time as that unit is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous air pollutants unless the department has made a final and effective case-by-case determination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this section the owner or operator must obtain a notice of MACT approval under the procedures of 40 C.F.R. 63.43(d) - (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the department will coordinate processing of the notice of MACT approval with the processing of any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) The definitions of 42 C.F.R. 63.41 are adopted by reference, except that "permitting authority" means the department;

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A, except that "construction," "emission standard," "hazardous air pollutant," "operator," "owner," "potential to emit," and "stationary source" have the meanings given in AS 46.14.990 and "fugitive emissions" has the meaning given in 18 AAC 50.990.

History

Authority: AS 46.14.010; AS 46.14.020
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 10/6/2013, Register 208

18 AAC 50.322 Construction permits: reopenings

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.325 Operating permits: classifications

Repealed.

History

Eff. 1/18/97, Register 141; am 6/21/98, Register 146; repealed 10/1/2004, Register 171

18 AAC 50.326 Title V operating permits

(a) Obligation for a permit. Except as provided in (b) - (k) of this section, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are adopted by reference, except that

(1) "permitting authority" and "delegate agency" mean the department;

(2) "applicable requirement" also means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department;

(3) "part 71 permit" means a Title V permit;

(4) "part 71 program" means the permit program under this section;

(5) "part 71 source" means any source subject to the permitting requirements under this section;

(6) "emissions unit" has the meaning given in AS 46.14.990;

(7) "stationary source" has the meaning given in AS 46.14.990;

(8) "administrator" means the administrator of EPA, except that "administrator" or "regional administrator" means the department at

(A) 40 C.F.R. 71.3(e); and

(B) 40 C.F.R. 71.6(a)(7).

(c) Applications. To be timely, an application must satisfy AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i) - (ii) do not apply. To be timely, an application for renewal must also satisfy 40 C.F.R. 71.5(a)(1)(iii). Application fees must be paid in accordance with 18 AAC 50.400 - 18 AAC 50.430. To establish confidentiality for information submitted to the department, the owner and operator must satisfy the requirements of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50.205 apply to a permit application, report, or compliance certification under this section, and 40 C.F.R. 71.5(d) does not apply. After March 13, 2013, an applicant for an operating permit, modification or revision to an operating permit, or renewal of an existing operating permit must use the department's Title V Standard Application and Forms, adopted by reference in 18 AAC 50.035(a). The owner or operator of an existing Title V source who is planning a modification that requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I and Title V permits, in which the department will consolidate all required public notices, hearings, and comment periods; the applicant may provide either one application for both requested permits, or two separate applications; or

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040 to qualify for this option, the application must satisfy the requirements for both the Title I and Title V applications; for applications that qualify, the department will issue or deny the Title I permit following the required procedures for the Title I permit, and all of the procedures of this section; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications - insignificant emissions units. The provisions in 40 C.F.R. 71.5(c)(11) for insignificant emissions units and activities do not apply and are replaced by (d) - (i) of this section. Emissions units and activities described in (e) - (i) of this section are insignificant and need not be included in an operating permit application except as follows:

(1) an emissions unit is not insignificant and must be included in an operating permit application if the emissions unit is subject to

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - (d);

(B) an emissions unit-specific requirement established under

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapter; or

(iii) a permit issued before January 18, 1997; or

(2) the application must list each requirement of 18 AAC 50.040(e), 18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to insignificant emissions units at the stationary source;

(3) the application must list each emissions unit at the stationary source that is identified as insignificant under (e) or (g) of this section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriately listed as insignificant;

(4) the application may not omit information needed to evaluate the fee required under 18 AAC 50.410;

(5) the application must include compliance certification based on reasonable inquiry for insignificant emissions units; a compliance certification made during the permit term according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant emissions units;

(6) the application must propose conditions for monitoring, record keeping, and reporting if the conditions are necessary to assure compliance with requirements identified in (2) of this subsection.

(e) Applications - insignificant emissions units: emission rate basis. Except as provided in (d) of this section, an emissions unit is insignificant based on emission rate if its actual emissions of each air pollutant are less than the rates listed in this subsection. If requested by the department, an applicant or permittee shall demonstrate that an emissions unit listed as insignificant under this subsection has actual emissions less than the following rates:

(1) five TPY of carbon monoxide;

(2) two TPY of nitrogen oxides;

(3) two TPY of sulfur oxides;

(4) two TPY of volatile organic compounds;

(5) 0.75 TPY of PM-10;

(6) 0.005 TPY of lead;

(7) 0.15 TPY of fluorides;

(8) 0.35 TPY of sulfuric acid mist;

(9) 0.5 TPY of hydrogen sulfide;

(10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide;

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate matter;

(13) two TPY of municipal waste combustor acid gases, measured as sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances in aggregate, the sum of Class I and Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference in 18 AAC 50.040;

(15) for greenhouse gases, 3,750 TPY of CO2 equivalent emissions (CO2e);

(16) 0.5 TPY for any regulated air pollutant not listed in (1) - (15) of this subsection.

(f) Applications - insignificant emissions units: category basis. Except as provided in (d) of this section, the following categories of emissions units are insignificant:

(1) mobile transport tanks on vehicles, except for those containing asphalt or volatile liquids;

(2) lubricating oil storage tanks;

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that minimizes or prevents unintended emissions; this category does not include equipment used to mix or package powdered detergent, spray dryers, or any equipment that must have an emission control device to comply with the requirements of 18 AAC 50.045(d) or 18 AAC 50.055;

(4) pressurized storage of oxygen, nitrogen, carbon dioxide, air, or inert gasses;

(5) vents from continuous emissions monitors and other analyzers;

(6) sampling connections used exclusively to withdraw materials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipment;

(10) individual laboratory hoods;

(11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial, or commercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activities such as routine housekeeping, grounds keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements, and paving or striping parking lots if these activities are not conducted as part of a manufacturing process, are not related to the primary business activity of the stationary source, and do not otherwise require a permit revision; this category does not include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal combustion engines used to provide electric power or heat;

(14) portable solid waste containers such as dumpsters for municipal solid waste or office wastes;

(15) structural changes that do not give rise to air pollutant emissions; this category does not include emissions from construction activities;

(16) portable welding, brazing, cutting, and soldering operations used in incidental maintenance;

(17) recreational fireplaces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption including cafeterias, kitchen facilities, and barbecues located at a source for providing food service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations;

(21) washers, dryers, extractors, and tumblers for fabrics using water solutions of bleach or detergents;

(22) janitorial services and consumer use of janitorial products;

(23) office activities;

(24) materials and equipment used by, and activity related to, operation of an infirmary if the infirmary is not the stationary source's business activity; this category does not include medical waste incineration at military bases;

(25) personal care activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wastewater treatment facilities;

(28) cleaning and sweeping of streets and paved surfaces;

(29) fuel and exhaust emissions from vehicles in parking lots;

(30) flares used to indicate danger to the public;

(31) firefighting and similar safety equipment and equipment used to train firefighters not subject to 18 AAC 50.065;

(32) non-commercial smokehouses;

(33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and storage of plastic pellets;

(37) plastic pipe welding;

(38) tire buffing where a water spray is used with the particulate collection system to prevent smoke generation;

(39) wet sand and gravel screening;

(40) wax application;

(41) ultraviolet curing processes;

(42) hand-held applicator equipment for hot melt adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes;

(46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this category does not include associated power generation equipment;

(48) equipment used exclusively to slaughter animals; this category does not include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (deaeration) of water;

(51) pulse capacitors;

(52) laser trimmers using dust collection to prevent fugitive emissions;

(53) gas cabinets using only gasses that are not regulated air pollutants;

(54) carbon dioxide lasers used only on metals and other materials that do not emit hazardous air pollutants in the process;

(55) photographic process equipment by which an image is reproduced upon material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this category does not apply to manufacturing or rebuilding facilities;

(59) salt baths using nonvolatile salts that do not result in emissions of any regulated air contaminants;

(60) shock chambers;

(61) mechanical wire strippers;

(62) humidity chambers;

(63) solar simulators;

(64) environmental chambers that do not use hazardous air pollutant gasses;

(65) steam vents and safety relief valves not emitting process chemicals;

(66) air compressors, pneumatically operated systems, and related hand tools;

(67) digester chip feeders;

(68) process water and white water storage tanks;

(69) demineralizer tanks;

(70) hydrogen peroxide tanks;

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and cooling systems;

(72) winders;

(73) chipping;

(74) debarking;

(75) pulp mill sludge dewatering and handling;

(76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devices and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation;

(80) electric or steam-heated drying ovens or autoclaves, excluding the articles or substances being processed in the ovens or autoclaves and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, and lift stations associated with wastewater treatment systems at publicly owned treatment works;

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those tanks and equipment do not emit volatile organic compounds (VOCs), or hazardous air pollutants;

(83) natural gas pressure regulator vents; this category does not include venting at oil and gas production facilities;

(84) lubricating pumps, sumps, and systems;

(85) well service equipment;

(86) aircraft ground support equipment (AGE), lights, and heating, venting and air conditioning (HVAC) support; this category does not include portable power generators;

(87) engine crankcase vents and equipment lubricating sumps;

(88) tanks containing separated water produced from oil and gas operations;

(89) skimmer pits, oil-water separators, and maintenance of filter separators;

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater conveyance facilities;

(91) site assessment work, including the evaluation of waste disposal or remediation sites;

(92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;

(94) vent emission from gas streams used as buffer or seal gas in rotating pump and compressor seals;

(95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment;

(97) pipeline maintenance pigging activities;

(98) truck, car, or aircraft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean-out of tanks and equipment for the purpose of worker entry or in preparation for maintenance or decommissions;

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be moved by hand from one location to another;

(102) natural gas and liquefied petroleum gas (LPG) vehicle fleet fueling facilities;

(103) military field exercises, except emissions from permanent stationary sources;

(104) fire suppression;

(105) storage of water-treating chemicals to be used in a drinking water system or a boiler water feedwater system.

(g) Applications - insignificant emissions units: size or production rate basis. Except as provided in (d) of this section, the following emissions units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage tanks and storage vessels with less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage tanks with not greater than 1,100-gallon capacity, with lids or other closure not for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liquid storage with 10,000-gallon capacity or less, with lids or other closure and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum gas (LPG) storage tanks with vessel capacity under 40,000 gallons;

(5) a combustion emissions unit with a rated capacity less than 4,000,000 Btu per hour exclusively using natural gas, butane, propane, or liquefied petroleum gas (LPG); emissions units under this paragraph do not include internal combustion engines;

(6) a combustion emissions unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emissions units under this paragraph do not include internal combustion engines;

(7) a combustion emissions unit with a rated capacity less than 1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emissions units under this paragraph do not include internal combustion engines;

(8) a combustion emissions unit with a rated capacity less than 300,000 Btu per hour if burning used oil; emissions units under this paragraph do not include internal combustion engines;

(9) a combustion emissions unit with a rated capacity less than 450,000 Btu per hour if burning wood waste or waste paper; emissions units under this paragraph do not include internal combustion engines;

(10) welding using not more than 50 pounds per day of welding rod;

(11) foundry sand molds, unheated and using binders with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallons of coating per year;

(13) printing and silkscreening using less than two gallons per day of any combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous solutions if they do not contain hazardous air pollutants;

(14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not use chromium-based corrosion inhibitors;

(15) combustion turbines rated at less than 160 horsepower;

(16) batch distillation equipment with a batch capacity not greater than 55 gallons and used only for solvents that do not contain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square feet of air-vapor interface; and

(B) using

(i) solvent that does not contain a hazardous air pollutant; and

(ii) with a vapor pressure not more than 30 millimeters (mm) of mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than two gallons per day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids;

(20) cleaning and stripping activities and equipment using solutions having less than one percent volatile organic compounds (VOCs), by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other closures used exclusively to pump, load, unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(22) surface coating, aqueous solution, or suspension containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water-based lubricants for metal working if the organic content of the lubricant is less than 10 percent;

(24) municipal or industrial wastewater chlorination facilities of not greater than 1,000,000 gallons per day capacity;

(25) diesel engines of 250 horsepower or less being used to provide power for well servicing equipment.

(h) Applications - insignificant emissions units: case-by-case basis. This subsection lists emissions units or activities that may be insignificant on the basis of size or production rate. Insignificant emissions units and activities listed in this subsection that are subject to a standard under 18 AAC 50.050 - 18 AAC 50.090 must be listed on the permit application. Except as provided in (d) of this section, the department may determine the following emissions units to be insignificant on a case-by-case basis:

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water Pollution Control Act, National Pollutant Discharge Elimination System), and that are used solely for settling suspended solids and skimming oil and grease; and

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee.

(i) Applications - insignificant emissions units: administratively insignificant emissions units. The following emissions units might have significant emissions, but are considered administratively insignificant emissions units for the purpose of operating permit applications:

(1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and

(3) agricultural activities on the property of a stationary source that are not subject to review by the department under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502, and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions under this section will be developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except as follows:

(1) with respect to any fee requirement or references, the applicable provisions of 18 AAC 50.400 - 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will include the expiration date in the permit; the permit duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this section will also be subject to the standard permit conditions and other permit conditions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviations is subject to the department's Standard Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)(1) - (B)(4); the provisions of 40 C.F.R. 71.6(a)(5) - (7) are replaced by the standard permit conditions of 18 AAC 50.345 and 18 AAC 50.346(b)(1);

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title V permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chapter;

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not federally enforceable unless required by the Clean Air Act or any of its applicable requirements; that term or condition is not subject to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions of 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordance with this section and with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this section will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except as follows:

(1) the department may distribute a public notice to a person by electronic mail if the person requests that the department send the notice by postal mail, the department will send the notice to the person by postal mail;

(2) the department will only issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after the 45-day review period in AS 46.14.220 and the department has not issued the final permit, the department will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising the objection during the public comment period was impracticable or that grounds for the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegated does not apply, including the phrase "in the case of a program delegated pursuant to $ 71.10" in 40 C.F.R. 71.7, 71.8, and 71.11, and the phrase "When a part 71 program has been delegated in accordance with the provisions of this section," in 40 C.F.R. 71.10;

(5) a permit under this section becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final decision to approve or deny an application for a Title V permit, the department will notify the applicant and any person who commented on the application; a person described in AS 46.14.200 may request an adjudicatory hearing as prescribed in 18 AAC 15.195 - 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an application, the department will include the reasons for denial;

(7) the department will keep for five years any record and submit to the federal administrator any information that the federal administrator may reasonably require to ascertain whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661 - 7661f (Title V, Clean Air Act).

(l) Significant permit modifications. If an existing Title V permit prohibits construction or a change in operation for which a permit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant permit modification to the Title V permit before commencing operation that incorporates the construction or change.

History

Authority: AS 46.03.020; AS 46.14.140; AS 46.14.220 AS 46.14.010; AS 46.14.150; AS 46.14.230 AS 46.14.020; AS 46.14.170; AS 46.14.515 AS 46.14.120; AS 46.14.180 AS 46.14.130; AS 46.14.190
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 9/17/2011, Register 199; am 9/14/2012, Register 203; am 9/15/2018, Register 227; am 11/7/2020, Register 236

18 AAC 50.330 Operating permits: exemptions

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.335 Operating permits: application

Repealed.

History

Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171

18 AAC 50.340 Operating permits: review and issuance

Repealed.

History

Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171

18 AAC 50.341 Operating permits: reopenings

Repealed.

History

Eff. 6/14/98, Register 146; repealed 10/1/2004, Register 171

18 AAC 50.345 Construction, minor, and operating permits: standard permit conditions

(a) Subsections (b) - (o) of this section set out standard permit conditions that the department will include in each operating permit. The department may include the conditions set out in (c)(1) and (2) and (d) - (o) of this section in each minor permit and construction permit. The conditions set out in (m) - (o) of this section do not apply to visible emissions observations by smoke readers, except in connection with required particulate matter testing.

(b) Compliance with permit terms and conditions is considered to be compliance with those requirements that are

(1) included and specifically identified in the permit; or

(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance with a permit term or condition constitutes a violation of AS 46.14, 18 AAC 50, and, except for those terms or conditions designated in the permit as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, or modification in accordance with AS 46.14.280; or

(3) denial of an operating permit renewal application.

(d) It is not a defense in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a permit term or condition.

(e) Each permit term and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.

(h) The permittee shall allow the department or an inspector authorized by the department, upon presentation of credentials and at reasonable times with the consent of the owner or operator

(1) to enter upon the premises where an emissions unit subject to the permit is located or where records required by the permit are kept;

(2) to have access to and copy any records required by the permit;

(3) to inspect any stationary source, equipment, practices, or operations regulated by or referenced in the permit; and

(4) to sample or monitor substances or parameters to assure compliance with the permit or other applicable requirements.

(i) The permittee shall furnish to the department, within a reasonable time, any information that the department requests in writing to determine whether cause exists to modify, revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon request, the permittee shall furnish to the department copies of records required to be kept by the permit. The department may require the permittee to furnish copies of those records directly to the federal administrator.

(j) The permittee shall certify any permit application, report, affirmation, or compliance certification submitted to the department and required under the permit by including the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete." Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other documents must be certified upon submittal.

(k) In addition to any source testing explicitly required by the permit, the permittee shall conduct source testing as requested by the department to determine compliance with applicable permit requirements.

(l) The permittee may request an extension to a source test deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department's appropriate division director or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how the emissions unit will operate during the test and how the permittee will document that operation. The permittee shall submit a complete plan within 60 days after receiving a request under (k) of this section and at least 30 days before the scheduled date of any test unless the department agrees in writing to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source test, the permittee shall give the department written notice of the date and the time the source test will begin.

(o) Within 60 days after completing a source test, the permittee shall submit one certified copy of the results in the format set out in the Source Test Report Outline, adopted by reference in 18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section. If requested in writing by the department, the permittee must provide preliminary results in a shorter period of time specified by the department.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.180 AS 46.14.010; AS 46.14.130 AS 46.14.020; AS 46.14.140
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am 9/14/2012, Register 203; am 8/20/2016, Register 219; am 9/15/2018, Register 227

18 AAC 50.346 Construction and operating permits: other permit conditions

(a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emissions unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the stationary source or emissions unit. The department's Standard Permit Condition II - Air Pollution Prohibited, as revised as of July 22, 2020, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emissions unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Title V source or emissions unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I - Emission Fees, as revised as of July 22, 2020;

(2) Standard Permit Condition III - Excess Emissions and Permit Deviation Reports, as revised as of July 22, 2020;

(3) Standard Permit Condition IV - Notification Form for Excess Emissions and Permit Deviation, as revised as of July 22, 2020;

(4) Standard Permit Condition V - Insignificant Emissions Units, as revised as of July 22, 2020;

(5) Standard Permit Condition VI - Good Air Pollution Control Practices, as revised as of July 22, 2020;

(6) Standard Permit Condition VII - Operating Reports, as revised as of July 22, 2020;

(7) Standard Permit Condition XIV - Permit Applications and Document Submittals, as revised as of July 22, 2020;

(8) Standard Permit Condition XV - Emission Inventory Reporting, as revised as of July 22, 2020;

(9) repealed 11/7/2020;

(10) Standard Permit Condition XVII - Reporting Requirements, as revised as of July 22, 2020.

(c) Unless the department determines that emissions unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter, the department will use the standard permit conditions listed in Table 7 of this subsection for the respective emissions unit or emissions unit types identified in the table. The standard permit conditions listed in Table 7 are adopted by reference.

Table 7

Standard Permit Conditions

Emissions Unit or Activity

Standard Permit Condition

-Gas fuel-burning equipment,

except flaresStandard Permit Condition VIII

Visible Emissions and

Particulate Matter Monitoring

Plan for Gas Fuel-Burning

Equipment, July 22, 2020-Stationary diesel engines

-Liquid fuel-burning stationary

turbines

-Other liquid fuel-burning

equipmentStandard Permit Condition IX

Visible Emissions and Parti-

culate Matter Monitoring Plan

for Liquid Fuel-Burning Equip-

ment and Flares, July 22, 2020-Coal-fired boilers

-Coal-handling equipment

-Construction of gravel pads or

roads that are part of a

permitted stationary source, or

other construction that has the

potential to generate fugitive

dust that reaches ambient air

-Commercial, industrial,

municipal solid waste, air

curtain, and medical waste

incinerators

-Sewage sludge incinerators

not using wet methods to

handle the ash

-Mines

-Urea manufacturing

-Soil remediation units

-Dirt or gravel roads under the

control of the operator with

frequent vehicle traffic

-Other emissions units the

department finds are likely to

generate fugitive dustStandard Permit Condition X

Reasonable Precautions to

Prevent Fugitive Dust, July 22,

2020-Emissions units burning liquid

fuelStandard Permit Condition XI

SO2 Emissions from Liquid

Fuel-Burning equipment, July

22, 2020-Emissions units burning liquid

fuelStandard Permit Condition XII

SO2 Material Balance

Calculation, July 22, 2020-Coal-fired boilersStandard Permit Condition XIII

Coal-Fired Boilers, July 22,

2020

(d) Repealed 10/1/2004.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.180 AS 46.14.010; AS 46.14.130; AS 46.14.250 AS 46.14.020; AS 46.14.140
Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am 12/9/2010, Register 196; am 8/20/2016, Register 219; am 9/15/2018, Register 227; am 11/7/2020, Register 236

18 AAC 50.350 Operating permits: content

Repealed.

History

Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171

18 AAC 50.355 Changes to a permitted facility

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.360 Facility changes that violate a permit condition

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.365 Facility changes that do not violate a permit condition

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.370 Administrative revisions

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.375 Minor and significant permit revisions

Repealed.

History

Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; repealed 10/1/2004, Register 171

18 AAC 50.380 General operating permits

Repealed.

History

Eff. 1/18/97, Register 141; am 6/14/98, Register 146; repealed 10/1/2004, Register 171

18 AAC 50.385 Permit-by-rule for certain small storage tanks

Repealed.

History

Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171

18 AAC 50.390 Permit-by-rule for drilling rigs and associated equipment

Repealed.

History

Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, Register 171

Article 4 User Fees

18 AAC 50.400 Permit administration fees

(a) The permittee, owner, or operator of a Title V source described under 18 AAC 50.326 shall pay to the department the annual or onetime fees listed in this subsection. Permittees will be invoiced on or before July 15 for each annual period from July 1 through the following June 30 for annual fees. For an initial Title V permitted source, the annual fees are collected starting the first July after the permit is issued, and the administration fee for development of an initial Title V permit or a minor source specific permit associated with a Title V source will be calculated in accordance with (h) of this section and billed in accordance with 18 AAC 50.420(b). The following fees apply to Title V sources:

(1) for an oil-and-gas source with the potential to emit equal to or greater than 250 tons per year of any one pollutant, the

(A) annual administration fee is $3,660; and

(B) annual compliance fee is $4,679;

(2) for a large power plant, other than one described in (3) of this subsection, with the potential to emit equal to or greater than 250 tons per year of any one pollutant, the

(A) annual administration fee is $2,436; and

(B) annual compliance fee is $5,304;

(3) for a standard coal-fired plant with the potential to emit equal to or greater than 250 tons per year of any one pollutant, the

(A) annual administration fee is $7,433; and

(B) annual compliance fee is $8,219;

(4) for a small power plant with the potential to emit equal to or greater than 250 tons per year of any one pollutant, the

(A) annual administration fee is $2,049; and

(B) annual compliance fee is $2,983;

(5) for an oil-and-gas source or thermal soil remediation unit source with the potential to emit equal to or greater than 100 and less than 250 tons per year of any one pollutant, the

(A) annual administration fee is $2,415; and

(B) annual compliance fee is $4,399;

(6) a small power plant, with the potential to emit equal to or greater than 100 and less than 250 tons per year of any one pollutant, the

(A) annual administration fee is $2,367; and

(B) annual compliance fee is $3,460;

(7) for a Title V source that is operating under the department's general operating permit for diesel engines, permit type GPA, the

(A) general permit application fee is established in accordance with (c) of this section upon the permit effective date; and

(B) annual compliance fee is $2,148;

(8) for a Title V source that is operating under the department's general operating permit for asphalt plants, permit type GP3, the

(A) general permit application fee is established in accordance with (c) of this section upon the permit effective date; and

(B) annual compliance fee is $2,975;

(9) for a Title V source, other than one described in (1) - (8) of this subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the

(A) annual administration fee is $2,065; and

(B) annual compliance fee is $5,398.

(b) If the permittee, owner, or operator of a Title V source is subject to an annual administration fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, that person may request a refund in writing, and the department will refund any annual administration fees that had been paid for that renewal. Annual compliance fees are not refundable.

(c) If the department prepares a new or renewed general operating permit under 18 AAC 50.326 or a new or revised general minor permit under 18 AAC 50.560, the department will determine the fees for the permits as follows:

(1) the general permit application fee for that permit will be calculated by multiplying the number of hours the department spent to develop the permit by the hourly rate of salary and benefits of the department employees who developed the permit, and by adding to the resulting amount any other direct costs; this cost will be divided by the number of permittees who receive or are expected to receive the permit to determine the general permit application fee; and

(2) until the time when an individualized routine compliance fee is established, the routine compliance fee

(A) for a new general operating permit is $2,148;

(B) for a new general minor permit is $737, except that a new general minor permit for a portable oil and gas operation is calculated in accordance with (d)(3)(C) of this section; and

(C) for a renewed general operating permit or revised general minor permit is the same as the existing routine compliance fee for each permit type.

(d) The permittee, owner, or operator of a stationary source shall pay fees for a stationary source that is not classified as needing a Title V permit as follows:

(1) for a minor stationary source not associated with a Title V source, the

(A) fee for development of the permit is calculated in accordance with (h) of this section;

(B) annual compliance fee is $1,826;

(2) for a general minor permit, as follows:

(A) for construction, operation, or relocation of an asphalt plant described in 18 AAC 50.502(b)(l), permit type MG3, the

(i) general permit application fee is established in accordance with (c) of this section upon the permit effective date;

(ii) annual compliance fee is $1,386;

(B) for construction, operation, or relocation of a rock crusher described in 18 AAC 50.502(b)(3), permit type MG9, the

(i) general permit application fee is established in accordance with (c) of this section upon the permit effective date;

(ii) annual compliance fee is $737;

(3) a portable oil and gas operation, as follows:

(A) for a source operating under permit type MG1, the

(i) general permit application fee is established in accordance with (c) of this section upon the permit effective date;

(ii) annual compliance fee is calculated in accordance with (h) of this section;

(B) for a source operating under permit type MG2, the

(i) general permit application fee is established in accordance with (c) of this section upon the permit effective date;

(ii) annual compliance fee is calculated in accordance with (h) of this section;

(C) if the department prepares a new general minor permit for a portable oil and gas operation, the department will determine the permit application fee cost of that permit in accordance with (c) of this section; until the time when an individualized routine compliance fee is established, the routine compliance fee for the permit is calculated in accordance with (h) of this section.

(e) After the department completes intake and processing of an excess emission report or permit deviation report submitted by the permittee, owner, or operator of a stationary source subject to this chapter, the permittee, owner, or operator who submitted that report will be invoiced for and shall pay a nonrefundable one-time fee of $45.

(f) The permittee, owner, or operator of a stationary source who requests an owner-requested limit under 18 AAC 50.225 or a preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(1) for an owner-requested limit,

(A) a one-time administration fee of $2,444, to be paid before the department takes action on any request received; and

(B) an annual compliance fee of $409;

(2) for a preapproved emission limit for diesel engines under 18 AAC 50.230(c) or a preapproved emission limit for a gasoline distribution facility considered under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A) a one-time administration fee of $219, to be paid before the limit takes effect; and

(B) an annual compliance fee of $117.

(g) The fee for department review of and routine compliance services for a request for open burning under 18 AAC 50.065 is $387. If the department determines that smoke incursion into a public place, into an airport, into a Class I area, into any nonattainment area, or into any maintenance area is likely, all additional costs will be charged in accordance with (h) of this section.

(h) Unless the designated regulatory service is subject to a fixed fee set out in (a) - (g) of this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 18 AAC 50.403, the permittee, owner, or operator shall pay an hourly administration or compliance fee for a designated regulatory service. The department will calculate the total amount due under this subsection by multiplying the number of hours spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory service, and by adding to the resulting amount any other direct costs.

(i) In this section,

(1) "airport" has the meaning given in AS 02.25.110;

(2) "annual administration fee" means the fee charged for services related to the renewal of a Title V permit and any administrative amendments;

(3) "annual compliance fee" means the fee charged for routine compliance services, review of source test plans, and review of source test results;

(4) "general permit application fee" means the one-time fee that must be submitted with an application for general permits under this section;

(5) "large power plant"

(A) means a Title V source

(i) the purpose of which is to generate electricity, and that contains a combustion turbine electric generator or natural gas-fired steam plant; or

(ii) that has a potential to emit a total greater than or equal to 500 tons per year of regulated air pollutants in the aggregate, and that contains emissions units used to provide power to a mine or military base;

(B) does not include a Title V source that operates under the department's general permit for diesel engines;

(6) "oil-and-gas source"

(A) means a Title V source not described in (5)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natural gas, or other petroleum products, or related activities;

(B) does not include a petroleum refinery or liquefied natural gas (LNG) plant;

(7) "one-time administration fee" means the one-time fee that must be submitted under (f) of this section;

(8) "public place" has the meaning given in AS 46.06.150;

(9) "routine compliance services"

(A) means all direct services and costs necessary to accomplish the regularly scheduled onsite or offsite review of a stationary source's emissions units, records, and self-monitoring reports;

(B) includes annual compliance certifications, facility operating reports, source test plans, source test results, notices and reports, federal emission standard periodic reports, and notices to determine the stationary source's compliance with applicable requirements;

(10) "small power plant"

(A) means a Title V source not described in (5)(A) or (6) of this subsection

(i) the purpose of which is to generate electricity, and that contains one or more diesel-fired internal combustion engines to generate power;

(ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total of less than 500 tons per year of regulated air pollutants in the aggregate, and that contains emissions units used to provide power to a mine or military base;

(B) does not include a Title V source that operates under the department's general permit for diesel engines;

(11) "standard coal-fired plant" means a Title V source that is not within 10 miles of Denali National Park, that contains a coal-fired boiler used for purposes of generating electrical power, to include cogeneration, and that has a potential to emit a total equal to or greater than 500 tons per year of regulated air pollutants in the aggregate.

History

Authority: AS 37.10.050; AS 44.46.025; AS 46.14.240 AS 37.10.052; AS 46.03.020 AS 37.10.058; AS 46.14.140
Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 7/1/2010, Register 194; am 9/14/2012, Register 203; am 9/26/2015, Register 215; am 9/15/2018, Register 227; am 9/7/2022, Register 243

18 AAC 50.401 Fees for a notice of MACT approval

Repealed.

History

Eff. 10/1/2004, Register 171; repealed 1/29/2005, Register 173

18 AAC 50.403 Negotiated service agreements

If a fixed permit administration fee has not been set under 18 AAC 50.400(a) - (g) for a designated regulatory service, the permittee, owner, or operator of a stationary source may request a negotiated service agreement under AS 37.10.052(b) for that designated regulatory service. Unless a completed negotiated service agreement specifies otherwise, all work done by the department to develop the negotiated service agreement is a designated regulatory service billed in accordance with 18 AAC 50.400(h).

History

Authority: AS 37.10.050; AS 44.46.025; AS 46.14.240 AS 37.10.052; AS 46.03.020 AS 37.10.058; AS 46.14.140
Eff. 1/29/2005, Register 173; am 12/3/2005, Register 176; am 7/1/2010, Register 194; am 9/26/2015, Register 215

18 AAC 50.405 Transition process for permit fees

Repealed.

History

Eff. 1/29/2005, Register 173; repealed 9/26/2015, Register 215

18 AAC 50.410 Emission fees

(a) For each period from July 1 through the following June 30, the permittee, owner, or operator shall pay to the department an annual emission fee based on the stationary source's assessable emissions for that year for each stationary source that is subject to a permit under this chapter. The emission fee is assessed per ton for total tonnage projected, as reported on a per pollutant basis. All total projected tonnage will be billed emission fees.

(b) Except as provided in (c) and (g) of this section, emission fees will be assessed as follows:

(1) for a stationary source required to obtain an operating permit under AS 46.14.130(b), an emission fee rate of $84.29 per ton, that will be allocated to the clean air protection fund under AS 46.14.260;

(2) for a stationary source not subject to (1) of this subsection but otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $17.70 per ton; the amount will be allocated to the emission control permit receipts account under AS 46.14.265.

(1) potential to emit; or

(2) projected annual rate of emissions, as that term is used in AS 46.14.250, when demonstrated by credible evidence of actual emissions based upon the most representative information available from one or more of the following:

(A) an enforceable test method described in 18 AAC 50.220;

(B) material balance calculations;

(C) emission factors from the EPA's Compilation of Air Pollutant Factors, Volume I: Stationary Point and Area Sources, adopted by reference in 18 AAC 50.035;

(D) other methods and calculations approved by the department, including appropriate vendor-provided emissions factors when sufficient documentation is provided.

(d) For a stationary source that needs an operating permit only because that source contains an emissions unit that is subject to a federal emission standard under 42 U.S.C. 7411 or 7412, only emissions from the emissions unit subject to that standard are subject to emission fees under (b)(1) of this section.

(e) In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall account for emissions from equipment classified under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed equipment at a stationary source.

(f) Repealed 9/26/2015.

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the emission fee is allocated to the emission control permit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notification for operation that will occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and

(3) at the following rates for a single portable oil and gas operation for which the owner or operator submits a new application or notification for operation under a general minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,

(i) $2,556, for operation at one or more ice pads during a winter drilling season;

(ii) $7,668, for operation during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in (A) of this paragraph,

(i) $2,382, for drilling five or fewer wells under the same application or notification during a state fiscal year;

(ii) $4,764, for drilling no fewer that six and no more than 10 wells under the same application or notification during a state fiscal year;

(iii) $7,146, for drilling 11 or more wells under the same application or notification during a state fiscal year.

(h) Repealed 9/26/2015.

History

Authority: AS 44.46.025; AS 46.14.140 AS 46.03.020; AS 46.14.250
Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Register 176; am 12/14/2006, Register 180; am 6/18/2009, Register 190; am 7/1/2010, Register 194; add'l am 7/1/2010, Register 194; am 9/26/2015, Register 215; am 8/20/2016, Register 219; am 9/15/2018, Register 227; am 9/7/2022, Register 243

18 AAC 50.420 Billing procedures

(a) The department will send supplemental bills for emission fees and fixed permit administration fees after September 7, 2022 to bill or credit for the prorated difference between bills sent for state fiscal year 2023 before September 7, 2022 and the rates in effect as of September 7, 2022. The department will bill emission fees assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with AS 46.14.250. The department will bill annual administration fees under AS 46.14.240 and 18 AAC 50.400(a) - (g) and annual compliance fees under AS 46.14.240 and 18 AAC 50.400(a), (d), and (f)

(1) on or before the 15th of July; or

(2) quarterly on or before January 15, April 15, July 15, and October 15 if requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the department will bill permit administration fees for designated regulatory services rendered during the preceding month under 18 AAC 50.400(h).

(c) Fees assessed under this chapter are due within 60 days after the billing date. A payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430. Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in equal quarterly installments if

(1) the fee exceeds $1,000; and

(2) a written request is submitted to the department with the first installment before the due date described in (c) of this section.

(e) If installment payments are approved under (d) of this section, the remaining three installments, including interest accrued as described in (c) of this section, must be paid on or before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emissions through a permit revision shall pay to the department an emission fee for the increase in assessable emissions; the fee is due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permit revision may request in writing a prorated refund or credit to the stationary source's fee account toward future fees.

(g) The owner, operator, or permittee who terminates operations or whose permit has lapsed or is terminated by the department may request in writing a refund calculated by the department for fees collected in excess of the amount due for the stationary source's actual emissions for the current state fiscal year.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission fees or permit administration fees will be sent to the last known address of the stationary source that is subject to the fee. In an invoice, the department will include an itemized list of charges and credits for the billing period and a calculation of total credit balance or amount due on the account. For permit administration fees for designated regulatory services under 18 AAC 50.400(h), the department will also include as part of the itemized list the

(1) date on which the task was performed and a description of the task;

(2) name of the individual who performed the task; and

(3) the time spent on the task on that date and the charge for the task, determined under 18 AAC 50.400(h).

History

Authority: AS 44.46.025; AS 46.14.140; AS 46.14.250 AS 46.03.020; AS 46.14.240; AS 46.14.255
Eff. 1/18/97, Register 141; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194; am 9/26/2015, Register 215; am 9/7/2022, Register 243

18 AAC 50.430 Fee appeal procedures

(a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who disputes the computation of charges may request review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

History

Authority: AS 44.46.025; AS 46.14.140; AS 46.14.250 AS 46.03.020; AS 46.14.240
Eff. 1/18/97, Register 141; am 7/11/2002, Register 163

18 AAC 50.499 Definitions for user fee requirements

In 18 AAC 50.400 - 18 AAC 50.499, unless the context requires otherwise,

(1) "designated regulatory service" has the meaning given in AS 37.10.058;

(2) "direct cost" has the meaning given in AS 37.10.058;

(3) "hourly rate of salary and benefits" has the meaning given in AS 37.10.058.

(4) "state fiscal year" means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year.

History

Authority: AS 37.10.050; AS 44.46.025; AS 46.14.240 AS 37.10.052; AS 46.03.020 AS 37.10.058; AS 46.14.140
Eff. 1/29/2005, Register 173; am 9/26/2015, Register 215

Article 5 Minor Permits

18 AAC 50.502 Minor permits for air quality protection

(a) A minor permit is required as described in (b) - (f) of this section, except that a permit is not required under this section

(1) before construction, modification, or relocation of a new major stationary source or major modification that requires a permit under 18 AAC 50.306 - 18 AAC 50.311; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of the major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before relocation if the stationary source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a permit under this section before construction, operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five tons per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capacity of at least five tons per hour;

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour;

(5) a coal preparation plant; or

(6) a Port of Alaska stationary source.

(1) beginning actual construction of a new stationary source with a potential to emit greater than

(A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(D) 0.6 TPY of lead;

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon monoxide nonattainment area; or

(F) 10 TPY of direct PM-2.5 emissions; or

(2) beginning actual construction or, if not already authorized in a permit under this chapter, beginning relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit developed for the portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete Application as Shield) without an operating permit;

(B) repealed 4/16/2022;

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) the potential to emit, that is greater than

(i) 10 TPY of PM-10;

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides;

(iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions; or

(B) actual emissions and a net emissions increase greater than

(i) 10 TPY of PM-10;

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides;

(iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions; or

(4) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant that is less than or equal to an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) the potential to emit, that is greater than

(i) 15 TPY of PM-10;

(ii) 40 TPY of sulfur dioxide;

(iii) 40 TPY of nitrogen oxides;

(iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions; or

(B) actual emissions and a net emissions increase greater than

(i) 15 TPY of PM-10;

(ii) 40 TPY of sulfur dioxide;

(iii) 40 TPY of nitrogen oxides;

(iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions.

(d) An owner or operator may satisfy the requirement for a minor permit under this section through a stationary source-specific permit issued under 18 AAC 50.540 - 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source listed in (b) of this section

(1) if operating under an operating permit issued before October 1, 2004 may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department takes an action under AS 46.14.280; or

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for and operate under a general operating permit that was issued before October 1, 2004 and that has not expired or been revoked by the department as of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department takes action under AS 46.14.280; or

(B) apply for a new permit under this section at any time.

(e) For the purposes of (c)(3)(B) and (4)(B) of this section, actual emissions shall be calculated by comparing projected actual emissions to the baseline actual emissions. In determining the projected actual emissions, before beginning actual construction, the owner or operator of the stationary source shall

(1) consider all relevant information, including historical operational data, the owner's or operator's own representations, the owner's or operator's expected business activity and the owner's or operator's highest projections of business activity, the owner's or operator's filings with the state or federal regulatory authorities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permit applicability for a modification on a calculation of actual emissions, if the project does not need a minor permit based on that calculation, and if a reasonable possibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) or (4) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emissions unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a description of the applicability test used to determine that the project is not a modification subject to (c)(3) or (4) of this section for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information listed in (1) of this subsection to the department;

(3) the owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at that emissions unit;

(4) if the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under (3) of this subsection setting out the unit's annual emissions during the calendar year that preceded submission of the report;

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) or (4) of this section for that regulated NSR pollutant, and if those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the report shall be submitted to the department within 60 days after the end of that year; the report must contain the following:

(A) the name, address, and telephone number of the stationary source;

(B) the annual emissions as calculated under (3) of this subsection;

(g) An increase in emissions under (c)(3) or (4) of this section does not require a permit under that paragraph if a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

(h) For the purposes of this section

(1) "baseline actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that definition the term "major stationary source" is revised to read "stationary source within the meaning given in AS 46.14.990";

(2) "electric utility steam generating unit" has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2019 and adopted by reference;

(3) "net emissions increase" has the meaning given in 40 C.F.R. 52.21(b)(3), adopted by reference in 18 AAC 50.040, except that "net emissions increase" applies to

(A) any increase in emissions of an air pollutant at a stationary source; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as referenced in 40 C.F.R. 52.21(b)(3)(i)(a), "net emissions increase" is not restricted to a significant emissions increase or significant net emissions increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40), or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit under (c)(3) or (4) of this section, rather than whether the modification is a major modification;

(4) "projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five 12-month periods following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section;

(5) "regulated NSR pollutant" has the meaning given in 40 C.F.R. 52.21(b)(50), adopted by reference in 18 AAC 50.040(h).

(i) For purposes of this section, fugitive emissions will not be included for determining if a minor permit is required, unless the source belongs to any of the stationary source categories listed in 40 C.F.R. 51.165(a)(1)(iv)(C), adopted by reference in 18 AAC 50.040(i).

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 1/4/2013, Register 205; am 11/9/2014, Register 212; am 8/20/2016, Register 219; am 9/15/2018 Register 227; am 11/7/2020, Register 236; am 4/16/2022, Register 242

18 AAC 50.508 Minor permits requested by the owner or operator

An owner or operator may request a minor permit from the department for

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revised under this chapter;

(4) establishing actual emission reductions from an existing stationary source if requested by that source's owner or operator to offset an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary source;

(B) major modification; or

(5) establishing an owner requested limit (ORL) to avoid one or more permit classifications under AS 46.14.130 at a stationary source that will remain subject to at least one permit classification; a limitation approved under an ORL is an enforceable limitation for the purpose of determining

(A) stationary source-specific allowable emissions; and

(B) a stationary source's potential to emit; or

(6) revising or rescinding the terms and conditions of a Title I permit issued under this chapter, except as provided under 18 AAC 50.510.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196

18 AAC 50.509 Construction of a pollution control project without a permit

Repealed.

History

Eff. 10/1/2004, Register 171; repealed 7/25/2008, Register 187

18 AAC 50.510 Minor permit - Title V permit interface

A term or condition established in a minor permit issued under 18 AAC 50.542 and identified in the minor permit as solely necessary to meet a Title V operating permit requirement to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040(j), is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140
Eff. 12/9/2010, Register 196

18 AAC 50.540 Minor permit: application

(a) Application information. An application for a stationary source-specific minor permit must provide all of the information required by this section, including all information required by the applicable listed forms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department's determination. Applications must be on department forms.

(b) General information. Each application must include the information prescribed by the Stationary Source Identification Form, included in the department's Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Alaska stationary source, a permit application under 18 AAC 50.502 must include

(1) the information required in the following forms, included in the department's Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emissions Unit Information Form;

(B) Emission Summary Form; and

(2) for a permit for construction, modification, or relocation of a stationary source, a demonstration in accordance with 18 AAC 50.215(b) - (d) that the proposed potential emissions from the stationary source will not interfere with the attainment or maintenance of the ambient air quality standards, except as provided under ( l) of this section; the ambient demonstration must follow an approved modeling protocol if the department requests a modeling protocol for demonstrating compliance with ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification does not need an ambient analysis to determine that construction and operation will not result in a violation of an ambient air quality standard, the application must include an ambient analysis for

(A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1), (3), or (4);

(B) sulfur dioxide, annual average PM-2.5, PM-10, and nitrogen dioxide for a portable oil and gas operation; or

(D) an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b).

(d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilometers of a carbon monoxide nonattainment area, an application must include a demonstration that the potential to emit carbon monoxide emissions from construction and operation of the stationary source or emissions increase from the modification will not cause or contribute to a violation of the ambient air quality standards for carbon monoxide.

(e) Port of Alaska. For a Port of Alaska stationary source, the application must include the information required in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC 50.030.

(f) Repealed 7/25/2008.

(g) Repealed 7/25/2008.

(h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions under the PAL will not cause or contribute to a violation of ambient air quality standards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or operational limitations necessary to provide actual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representing that quantity of emission reduction.

(j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) must include the information and materials required under 18 AAC 50.225(b)(2) - (6) and (8).

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must include

(1) a copy of the Title I permit that established the permit term or condition;

(2) an explanation of why the permit term or condition should be revised or rescinded;

(3) the effect of revising or revoking the permit term or condition on

(A) emissions;

(B) other permit terms;

(D) compliance monitoring; and

(4) for a condition that allows an owner or operator to avoid a permit classification, the information required of an applicant for that type of permit, unless the revised condition would also allow the owner or operator to avoid the classification.

(l) One-hour nitrogen dioxide exemption. A permit applicant is not required to demonstrate compliance with the one-hour nitrogen dioxide standard in 18 AAC 50.010(5)(B), unless the department finds that the emissions have a reasonable likelihood of causing or significantly contributing to ambient concentrations that exceed the one-hour nitrogen dioxide standard, and makes a written request for a demonstration.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203; am 1/4/2013, Register 205; am 8/20/2016, Register 219; am 9/15/2018, Register 227; am 11/7/2020, Register 236; am 4/16/2022, Register 242

18 AAC 50.542 Minor permit: review and issuance

(a) Permit issuance procedure options. The department will use either the fast-track procedures in (b) and (c) of this section, or the procedures in (d) of this section to issue a stationary source-specific minor permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of this section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B) repealed 4/16/2022;

(D) on an offshore platform;

(E) in the Municipality of Anchorage;

(F) in the City of Fairbanks;

(G) within Fort Wainwright; or

(H) within Eielson Air Force Base; or

(2) a person requests a public comment period under (b)(1) of this section.

(b) Fast-track procedures. Fast-track procedures for minor permits under 18 AAC 50.502 are as follows:

(1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified, and by other means the department finds necessary for informing the public; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; in the notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day public comment period under (d) of this section; if a comment period is requested, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b), the application must include a screening ambient air quality analysis in accordance with (c) of this section, unless the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard;

(4) fast-track procedures are available only if all predicted air pollutant concentrations meet the compliance criteria in (c)(2) of this section;

(5) the department will issue its permit determination in accordance with the approval criteria of (f) of this section within 30 days after receiving a complete application.

(1) must

(A) follow a modeling protocol developed by the department or otherwise approved by the department that is suitable for fast-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the resulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorological data approved by the department for the fast-track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, the predicted ambient air concentration from the stationary source, excluding offsite or background contributions, does not exceed 50 percent of each ambient standard for PM-2.5, 67 percent of the ambient standard for PM-10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen dioxide;

(B) for a modification, the predicted concentration resulting from the proposal is less than the significant impact level in Table 5 in 18 AAC 50.215(d);

(C) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification, and the sum of the highest ambient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described in (A) of this paragraph; or

(D) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification, and the sum of the highest ambient air concentration from the previous analysis, plus the previous background concentration, plus the highest predicted ambient air concentration resulting from the increase is less than the ambient air quality standard in 18 AAC 50.010.

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not available:

(1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance with AS 46.14.160(c), the department will make a preliminary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department's preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit comments;

(B) the department will give notice

(i) using the Alaska Online Public Notice System established under AS 44.62.175;

(ii) by mail or electronic mail to persons on a list maintained by the department, including the EPA administrator and any person who requests to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing the public;

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department's preliminary approval or denial; and

(iv) if the department proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued under 18 AAC 50.306 - 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040;

(E) the department will make a preliminary decision to approve the application only if the application includes all information required by 18 AAC 50.540, and the department finds that the approval criteria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure compliance with this chapter; and

(F) the department will request public comment on any alternative modeling approvals issued under 18 AAC 50.215(c)(2); this public comment period will coincide with the public comment period for the draft permit, to the extent practicable;

(2) the department will notify the applicant, and any person who commented on the department's preliminary decision, of the department's final decision to approve or deny the permit application; a person described in AS 46.14.200 may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340; in a notification of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V permit by administrative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by administrative amendment if

(1) the minor permit is issued using procedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both 18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department will

(1) deny a minor permit application for a stationary source or modification classified under 18 AAC 50.502 if the department finds that construction and operation will result in a violation of

(A) a requirement of 18 AAC 50.045 - 18 AAC 50.090; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and operation of the stationary source will cause an ambient concentration that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Alaska stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045 - 18 AAC 50.090;

(4) repealed 7/25/2008;

(5) repealed 7/25/2008;

(6) approve a minor permit for establishing or revising a PAL, if the department finds that the emissions unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard;

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5), if the department finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chapter.

(g) Duration. A minor permit issued under this section remains in effect until changed by another Title I permit or by an action by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140; AS 46.14.200
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 1/4/2013, Register 205; am 8/20/2016, Register 219; am 11/5/2017, Register 224; am 9/15/2018, Register 227; am 11/7/2020, Register 236; am 4/16/2022, Register 242

18 AAC 50.544 Minor permits: content

(a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 - 18 AAC 50.499;

(3) include any conditions established under 18 AAC 50.201, as applicable;

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source;

(5) include the standard permit conditions in 18 AAC 50.345, as applicable;

(6) include conditions as necessary to protect ambient air quality; and

(7) include, as needed, conditions required under 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operator request to add the conditions of a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e).

(b) In each minor permit under 18 AAC 50.502(b), the department will include

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will meet the requirements of AS 46.14 and this chapter, including terms and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the department;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) a permit condition requiring the owner or operator to

(A) perform regular maintenance considering the manufacturer's or the operator's maintenance procedures;

(B) keep records of any maintenance that would have a significant effect on emissions; the records may be kept in an electronic format; and

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will not cause or contribute to a violation of any ambient air quality standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the department;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and conditions requiring performance tests for emission limits under 18 AAC 50.050 - 18 AAC 50.090; and

(3) terms and conditions requiring maintenance of equipment according to the manufacturer's or operator's maintenance procedures, including requirements to keep a copy of either the manufacturer's or the operator's maintenance procedures.

(d) For each stationary source that is not subject to Title V permitting under 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still accurately described by the application and minor permit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under this chapter. In the minor permit, the department will set out a time period between required affirmations as appropriate to the stationary source regulated by the minor permit.

(e) Repealed 7/25/2008.

(f) In a minor permit that establishes or revises a plantwide applicability limitation (PAL), the department will include

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 18 AAC 50.040; and

(2) conditions as the department considers necessary to prevent emissions under the PAL from causing or contributing to a violation of an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for

(1) installation, use, and maintenance of monitoring equipment;

(2) sampling emissions according to the methods prescribed by the department and at locations, intervals, and by procedures specified by the department;

(3) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(4) keeping records; and

(5) making periodic reports on process operations and emissions.

(h) In each minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5), the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and reporting requirements;

(2) list all equipment covered by the ORL; and

(3) describe each permit classification under AS 46.14.130 that the ORL allows the owner or operator to avoid.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or conditions of a Title I permit, the department will include terms and conditions as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this chapter. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until the owner or operator obtains

(A) a new construction permit or minor permit under this chapter as if the limit had never existed; or

(B) under this section or under 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; or

(2) made it possible to avoid a Title V permit, the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140; AS 46.14.250
Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 12/9/2010, Register 196

18 AAC 50.546 Minor permits: revisions

(a) The department will use the procedures of 18 AAC 50.540 - 18 AAC 50.544 to revise a minor permit, either at the request of the permittee or on the department's own initiative, in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the department may revise non-substantive elements of a minor permit without further administrative procedures.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.170 AS 46.14.010; AS 46.14.130; AS 46.14.180 AS 46.14.020; AS 46.14.140; AS 46.14.285
Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187

18 AAC 50.560 General minor permits

(a) Criteria. The department may issue a general minor permit to allow construction or operation of stationary sources or emissions units that

(1) require a minor permit;

(2) involve the same or similar types of operation;

(3) involve the same type of emissions; and

(4) are subject to similar air quality control requirements.

(b) General minor permit issuance procedures. To issue a general minor permit, the department will provide notice and opportunity for public comment on the department's proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has requested to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that would qualify under the general minor permit;

(B) the results of any department analysis on the effect on air quality;

(D) a copy of the proposed permit and of the proposed application or notification form;

(E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and

(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each general minor permit. This may include an online or electronic form. The forms will identify the information that an applicant must provide to operate under the general minor permit, including

(1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to show that the stationary source meets the qualifying criteria or a term or condition of the general minor permit, the department will require that location information required under this subsection or under (d) - (g) of this section include a map and scale drawing;

(2) any information that is necessary to determine that the stationary source qualifies for the general minor permit;

(3) identification of all equipment to be operated under the general minor permit; and

(4) a certification by the applicant that the stationary source is capable of complying with all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or operate under a general minor permit, the owner or operator must submit the appropriate completed application or notification form for the specific stationary source type. In a general minor permit, the department will specify whether the applicant must submit a complete notification form and operate in compliance with the general minor permit, or whether the applicant must also obtain department approval under (e) of the section to operate under the general minor permit. If the general minor permit requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of the application that

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general minor permit. Approval to construct or operate under the general minor permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and if the stationary source meets all of the qualifying criteria and operates in compliance with the general minor permit, the owner or operator may construct or operate under the permit immediately after the department receives a completed notification form. The general minor permit authorizes construction or operation only for

(1) equipment identified in the application or notification; and

(2) a location identified under (c), (f), or (g) of this section.

(f) General minor permit content. In a general permit the department will set out

(1) criteria that must be met in order for a stationary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before commencing construction or operation under the general minor permit, if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notification form and procedures for a change in location; and

(5) any other terms and conditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general minor permit at additional locations not identified in the permit application or notification if the

(1) permittee notifies the department by submitting a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit's qualifying criteria at each location.

History

Authority: AS 46.03.020; AS 46.14.130; AS 46.14.180 AS 46.14.010; AS 46.14.140; AS 46.14.211 AS 46.14.020; AS 46.14.150; AS 46.14.250 AS 46.14.120; AS 46.14.170
Eff. 10/1/2004, Register 171; am 9/15/2018, Register 227

Article 7 Transportation Conformity

18 AAC 50.700 Purpose

(a) The purpose of 18 AAC 50.700 - 18 AAC 50.750 is to ensure that a transportation plan, transportation improvement program, revisions to the State Air Quality Control Plan adopted by reference in 18 AAC 50.030, including those portions in it that are federally approved and recognized as the state implementation plan, or other federal action that affects transportation within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5, or PM-10 nonattainment or maintenance area located in the state will not hinder the attainment or maintenance of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally funded or federally approved; or

(2) the plan, program, project, or action is non-federally funded but is a regionally significant project that is funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. (highways) or 49 U.S.C. 5301 - 5340 (public transportation).

(b) The provisions of 18 AAC 50.700 - 18 AAC 50.750 set out the policy, criteria, and consultation procedures for demonstrating and assuring conformity of transportation activities described under (a) of this section, for inclusion in the State Air Quality Control Plan adopted by reference in 18 AAC 50.030.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/17/2015, Register 214

18 AAC 50.705 Applicability

(a) The provisions of 18 AAC 50.700 - 18 AAC 50.750 apply to

(1) a transportation plan, transportation improvement program, or other federal transportation project that is

(A) located within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5, or PM-10 nonattainment or maintenance area in the state; and

(B) funded or requires approval under 23 U.S.C. or 49 U.S.C. 5301 - 5340;

(2) a transportation plan, transportation improvement program, or other federal transportation project that is non-federally funded but that is a regionally significant project funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C. or 49 U.S.C. 5301 - 5340; or

(3) revisions to the State Air Quality Control Plan adopted by reference in 18 AAC 50.030, including the state implementation plan, that affect transportation.

(b) The sponsoring agency has the obligation to meet the applicable requirements of 18 AAC 50.700 - 18 AAC 50.750. For purposes of 18 AAC 50.700 - 18 AAC 50.750, the sponsoring agency is the agency that

(1) receives or manages federal money for the transportation plan, transportation improvement program, or other federal transportation project as described in (a) of this section;

(2) develops the transportation plan, transportation improvement program, or other federal transportation project as described in (a) of this section; or

(3) funds, adopts, or approves a non-federal, regionally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 5301 - 5340.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/17/2015, Register 214

18 AAC 50.710 Transportation conformity: incorporation by reference of federal regulations

Repealed.

History

Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; repealed 4/17/2015, Register 214

18 AAC 50.712 Agency responsibilities

Representatives of the department, the Department of Transportation and Public Facilities, metropolitan planning organizations, and local and regional air quality and transportation agencies recognized by the state shall undertake an interagency consultation process with each other and with the local or regional offices of the United States Environmental Protection Agency and the United States Department of Transportation, Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) on the development of the state implementation plan, transportation plans, transportation improvement programs, and associated conformity determinations in accordance with the responsibilities and procedures of 18 AAC 50.700 - 18 AAC 50.750 and the State Air Qualilty Control Plan, Volume II, Section III.I.3.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 4/17/2015, Register 214

18 AAC 50.715 Interagency consultation procedures

(a) Before issuing a final transportation conformity determination or transportation-related state implementation plan revision under 18 AAC 50.700 - 18 AAC 50.750, the sponsoring agency described in 18 AAC 50.705(b) shall

(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regionally significant project that is not funded under 23 U.S.C. (highways) or 49 U.S.C. 5301 - 5340, including any project for which alternative locations, design concept and scope, or the no-build option are still being considered;

(2) prepare a preliminary interagency discussion draft, a public review draft, and a final draft of the conformity determination or transportation-related state implementation plan revision through the interagency consultation process described in (b) - (g) of this section with staff of

(A) the department;

(B) the local air quality planning agency or government;

(D) the local transportation committee, agency, or government;

(E) any agency created under state law that sponsors or approves transportation projects;

(F) the United States Environmental Protection Agency;

(G) the United States Department of Transportation, Federal Highway Administration (FHWA);

(H) the United States Department of Transportation, Federal Transit Administration (FTA);

(I) the metropolitan planning organization and any other regional transportation planning organization; and

(J) any participant listed in the State Air Quality Control Plan, Volume II, Section III.I.3; and

(3) make the public review draft of the conformity determination or transportation-related state implementation plan revision available for public review and comment as required in 18 AAC 50.720.

(b) A staff member of the sponsoring agency shall

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a preliminary interagency discussion draft of the conformity determination or transportation-related state implementation plan revision, including necessary supporting information;

(2) ensure that all documents, including transportation-related state implementation plan revisions, and information relevant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written agency comments and written responses must be included in the record of any conformity decision or action or transportation-related state implementation plan revision.

(c) In preparing the preliminary interagency discussion draft, a staff member of the sponsoring agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traffic demand model and associated methods and assumptions to be used in a hot-spot analysis or a regional emissions analysis;

(2) determine which minor arterials and other projects should be considered regionally significant projects for purposes of a regional emissions analysis, in addition to those functionally classified as principal arterial or higher or fixed guide-way systems or extensions that offer an alternative to regional highway travel;

(3) determine which projects should be considered to have a significant change in design concept and scope from the transportation plan or transportation improvement program;

(4) discuss whether a project that is otherwise exempt from the requirements of 18 AAC 50.700 - 18 AAC 50.750 under 40 C.F.R. 93.126 and 93.127, revised as of July 1, 2013, and adopted by reference, should be treated as nonexempt if potential regional emissions impacts or other adverse emissions impacts might exist for any reason;

(5) determine, as required under 40 C.F.R. 93.113(c)(1), revised as of July 1, 2013, and adopted by reference, whether past obstacles to implementation of a transportation control measure that is behind the schedule established in the state implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for transportation control measures are giving maximum priority to approval or funding for transportation control measures to be initiated by the sponsoring agency in accordance with 18 AAC 50.700 - 18 AAC 50.750 and the State Air Quality Control Plan, Volume II, Section III.I.3; the interagency consultation process must also consider whether delays in transportation control measure implementation necessitate a revision to the state implementation plan to remove or to substitute a transportation control measure or other emission reduction measures;

(6) determine, as required under 40 C.F.R. 93.121, revised as of July 1, 2013, and adopted by reference,

(A) that a regionally significant project

(i) is included in a regional emissions analysis supporting the currently conforming transportation improvement program's conformity determination, even if the project is not included in the transportation improvement program for the purposes of project selection or endorsement; and

(ii) design concept and scope have not changed significantly from those included in the transportation plan, transportation improvement program, or regional emissions analysis; or

(B) that, based on the requirements for a project that is not from a conforming transportation plan and transportation improvement program, as specified in 40 C.F.R. 93.118 and 93.119, revised as of July 1, 2013, and adopted by reference,

(i) there is a currently conforming transportation plan and transportation improvement program, and a new regional emissions analysis that includes the regionally significant project; and

(ii) the currently conforming transportation plan and transportation improvement program will still conform if the regionally significant project is implemented;

(7) identify, as required under 40 C.F.R. 93.123(b), revised as of July 1, 2013, and adopted by reference, projects located at sites

(A) within a PM-10 or PM-2.5 nonattainment or maintenance area identified in 18 AAC 50.015(b)(3) or (e); and

(B) that have vehicle and roadway emission and dispersion characteristics essentially identical to those at sites that have air quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis; and

(8) notify staff of participating agencies of any revision or amendment to a transportation plan or transportation improvement program that merely adds or deletes an exempt project listed in 40 C.F.R. 93.126 and 93.127, revised as of July 1, 2013 and adopted by reference; and

(9) develop a list of transportation control measures for inclusion in the state implementation plan and distribute that list to those agencies described in (a)(2) of this section.

(d) In addition to the consultation described in (c) of this section, a staff member of the sponsoring agency shall consult with staff of the state and local agencies listed in (a)(2) of this section to

(1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, revised as of July 1, 2013, and adopted by reference;

(2) consider an emissions analysis for transportation activities that extend beyond the boundaries of a local governing body, nonattainment area, maintenance area, or air basin;

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model development by the local governing body, such as household or travel transportation surveys;

(4) ensure that plans for construction of regionally significant projects that are not FHWA or FTA projects, including projects for which alternative locations, design concept and scope, or the no-build option are still being considered and including all those projects by recipients of funds designated under 23 U.S.C., are disclosed to the metropolitan planning organization on a regular basis and to ensure that any changes to those plans are disclosed within 10 business days;

(5) request that participants in the interagency consultation process identify all non-FHWA and non-FTA transportation projects and their design concept and scope, including those projects where detailed design features have not yet been decided, to determine which projects are regionally significant projects for regional emissions modeling; a person who is "a recipient of funds designated under title 23 U.S.C or the Federal Transit Laws" within the meaning given the term in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference, shall disclose to the metropolitan planning organization information regarding all non-FHWA and non-ITA regionally significant projects: any changes to these plans shall be disclosed within 10 business days; and

(6) choose conformity tests and methodologies for isolated rural nonattainment and maintenance areas.

(e) If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing body and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance area.

(f) After completing the interagency consultation process, the sponsoring agency shall prepare the public review draft of the conformity determination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.

(g) After opportunity for public review and comment on the public review draft of the conformity determination, the sponsoring agency shall

(1) prepare a final draft of the conformity determination in consultation with staff of the participating agencies; and

(2) after the consultation described in (1) of this subsection, issue the final conformity determination to the agencies listed in (a)(2) of this section and provide the supporting information upon request.

(h) Repealed 4/17/2015.

(i) In this section, "business day" means a day other than Saturday, Sunday, or a state or federal holiday.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 4/17/2015, Register 214; am 3/2/2016, Register 217

18 AAC 50.720 Public involvement

(a) The sponsoring agency described in 18 AAC 50.705(b) shall establish a public involvement process to provide opportunity for public review and comment on the public review draft of the conformity determination or transportation-related state implementation plan revision before the agency issues a final conformity determination or transportation-related state implementation plan revision. As required under 40 C.F.R. 93.112, revised as of July 1, 2013, and adopted by reference, the public involvement process must be consistent with the requirements of 40 C.F.R. 93.105(e), revised as of July 1, 2013, and adopted by reference, and 23 C.F.R. 450.316(a), revised as of July 1, 2014, and adopted by reference.

(b) The sponsoring agency shall

(1) subject to (d) of this section,

(A) receive written comments on the public review draft of the conformity determination or transportation-related state implementation plan revision; and

(B) hold a public hearing or meeting

(i) for a transportation plan, transportation improvement program, or transportation-related state implementation plan revision;

(ii) for a project that is not included in a transportation plan, transportation improvement program, or transportation-related state implementation plan revision, but that is within a designated nonattainment area listed under 18 AAC 50.015(b) or a designated maintenance area listed under 18 AAC 50.015(d); or

(iii) if a written comment received under (A) of this paragraph requests a public hearing or meeting for a regionally significant project;

(2) consider all comments received and prepare a written summary analysis of significant comments; and

(3) specifically address in the summary analysis all public comments concerning known plans for a regionally significant project that may not have been properly reflected in the emissions analysis used to support a proposed conformity finding for a transportation plan or TIP, regardless of whether the regionally significant project is receiving federal funding or approval.

(c) Opportunity for public involvement under this section must include access to information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination or transportation-related state implementation plan revision.

(d) If a project for which the provisions of (a) - (c) of this section apply is also subject to a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with the public involvement process under that law constitutes compliance with (a) - (c) of this section.

(e) Charges imposed for inspection and copying of information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination or transportation related state implementation plan revision must be consistent with AS 40.25.110 and 40.25.115.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 4/17/2015, Register 214; am 3/2/2016, Register 217

18 AAC 50.725 General conformity: incorporation by reference of federal regulations

Repealed.

History

Eff. 1/4/95, Register 133; repealed 4/17/2015, Register 214

18 AAC 50.730 General conformity: mitigation of air quality impacts

Repealed.

History

Eff. 1/4/95, Register 133; repealed 4/17/2015, Register 214

18 AAC 50.735 Frequency of transportation conformity determinations

Repealed.

History

Eff. 1/4/95, Register 133; am 4/17/2015, Register 214; repealed 3/2/2016, Register 217

18 AAC 50.740 Written commitments

(a) A conformity determination on the transportation plan or transportation improvement program may not include emission reduction credits from any control measures that are not included in the transportation plan or transportation improvement program and that do not require a regulatory action in the regional emissions analysis, unless the metropolitan planning organization, the Department of Transportation and Public Facilities, FHWA, or FTA obtains, for inclusion in the conformity determination, written commitments as defined in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference, from the appropriate entities to implement those control measures. Before a conformity determination on the transportation plan or transportation improvement program may be approved, a metropolitan planning organization or the Department of Transportation and Public Facilities must ensure that any project-level mitigation or control measures included in project design concepts and scopes are appropriately identified in the regional emissions analysis. The written commitments to implement those mitigation or control measures must be fulfilled by the appropriate entities.

(b) Before a project-level conformity determination for a transportation project may be approved, the project sponsor must include written commitments as defined in 40 C.F.R. 93.101, adopted by reference in (a) of this section, to implement any project-level mitigation or control measures in the construction or operation of the project that are identified for that project as part of NEPA process completion as defined in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference. Written commitments must be obtained before those project level mitigation or control measures are used in a project-level hot-spot analysis. The written commitments to implement those project-level mitigation or control measures must be fulfilled by the appropriate entities.

(c) In this section, "project sponsor" means any entity that owns an equity interest in the transportation project, or holds the permits that the department determines are essential to construct or operate the transportation project.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 4/17/2015, Register 214

18 AAC 50.745 Resolving conflicts

(a) If during the interagency consultation process under 18 AAC 50.700 - 18 AAC 50.750 a conflict arises between state agencies or between state and local agencies, and the conflict cannot be resolved by the heads of the involved agencies, the department will refer the conflict to the governor for resolution. A conformity determination that is the subject of conflict resolution under this section must have the governor's concurrence to be final.

(b) The department will make the referral to the governor not later than 14 calendar days after notification or a determination that the conflict cannot be resolved. The 14-day period starts when the metropolitan planning organization or the Department of Transportation and Public Facilities confirms receipt of the comments of the department. The department will provide the participating agencies under 18 AAC 50.715(a)(2) with a copy of its referral to the governor.

(c) If the department does not make a referral to the governor during the 14-day period described in (b) of this section, the sponsoring agency described in 18 AAC 50.705(b), metropolitan planning organization, or Department of Transportation and Public Facilities may proceed with the final conformity determination.

(d) Not later than 14 days after the metropolitan planning organization notifies the department of the resolution of all comments on a proposed conformity determination or other policy decision during the interagency consultation process under 18 AAC 50.700 - 18 AAC 50.750, and if the Department of Transportation and Public Facilities disputes those comments, the Department of Transportation and Public Facilities shall refer the proposed conformity determination or other policy decision to the governor for resolution. The 14-day period starts when the metropolitan planning organization has confirmed receipt by the department of the resolution of the comments of the Department of Transportation and Public Facilities.

(e) If the Department of Transportation and Public Facilities makes a referral to the governor, the final conformity determination or other final policy decision must have the concurrence of the governor.

(f) The Department of Transportation and Public Facilities shall provide the metropolitan planning organization and the department with a copy of the referral to the governor under (d) of this section. If the Department of Transportation and Public Facilities does not make a referral to the governor during the 14-day period described in (d) of this section, the metropolitan planning organization may proceed with the final conformity determination or other final policy decision.

(g) The governor may delegate the role of resolving a conflict under this section and deciding whether to concur in the conformity determination to a state official or agency other than

(1) the department;

(2) the Department of Transportation and Public Facilities; or

(3) a state transportation board or commission.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 4/17/2015, Register 214

18 AAC 50.750 Exempt projects

Notwithstanding the other requirements of 18 AAC 50.700 - 18 AAC 50.750, highway and transit projects of the types listed in Table 2 of 40 C.F.R. 93.126, revised as of July 1, 2013, and adopted by reference, are exempt from the requirement to determine conformity. Those projects may proceed toward implementation even in the absence of a conforming transportation plan and transportation improvement program. A particular action of the type listed in Table 2 of 40 C.F.R. 93.126 is not exempt if the agencies listed in 18 AAC 50.715(a)(2) concur that it has potentially adverse emissions impacts for any reason. Metropolitan planning organizations must ensure that exempt projects do not interfere with transportation control measure implementation.

History

Authority: AS 46.03.020; AS 46.14.030
Eff. 4/17/2015, Register 214

Article 9 General Provisions

18 AAC 50.900 Small Business Assistance Program

(a) The purpose of the small business assistance program established under AS 46.14.300 is to help small businesses in the state comply with state and federal air quality laws. The department's The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible small business facility may request a change to a requirement under this chapter that

(1) is a work practice or technological method of compliance; or

(2) sets a schedule of milestones preceding a date for implementing a work practice or technological method of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended;

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed change and how the change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submitted as an application for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, and subject to 18 AAC 50.326.

(e) The department will schedule a proposed amendment to this chapter submitted under (d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not cause a violation of

(1) the Clean Air Act;

(2) a federally-enforceable requirement; or

(3) state law.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.300
Eff. 1/18/97, Register 141; am 10/1/2004, Register 171

18 AAC 50.905 Appeals

(a) A person authorized under AS 46.14.200 may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 to review a final department decision to issue, deny, place a term or condition upon, or revoke a permit under 18 AAC 50.302, 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, 18 AAC 50.321, 18 AAC 50.326, 18 AAC 50.502, 18 AAC 50.508, 18 AAC 50.542, and 18 AAC 50.560.

(b) A person authorized under AS 46.14.200 may request informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 of a final department decision on an application to construct or operate under a general minor permit under 18 AAC 50.560. Review is limited to whether the activity or facility qualifies for the minor general permit under 18 AAC 50.560(e) and any terms and conditions established under 18 AAC 50.560(f)(5). The terms of a general minor permit previously approved by department are not subject to review as part of an application to construct or operate under a general minor permit.

History

Authority: AS 46.03.020; AS 46.14.120; AS 46.14.180 AS 46.03.880; AS 46.14.130; AS 46.14.200 AS 46.14.010; AS 46.14.140 AS 46.14.020; AS 46.14.170
Eff. 11/5/2017, Register 224

18 AAC 50.910 Establishing level of actual emissions

Repealed.

History

Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171

18 AAC 50.990 Definitions

In this chapter unless the context requires otherwise,

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) "administrator" means the administrator of the United States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306 - 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990;

(4) "air-curtain incinerator" means a device in which large amounts of combustible materials are burned in a rectangular containment equipped with an overfire air system;

(5) "air pollution" has the meaning given in AS 46.03.900;

(6) "air pollution control equipment" means equipment or a portion of equipment designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement" means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,

(A) "allowable emissions" means the emissions rate of an emissions unit calculated considering any emission limitation that is enforceable as a practical matter on the emissions unit's potential to emit; and

(B) in the definition of "potential to emit" in 40 C.F.R. 51.166(b), the words "or enforceable as a practical matter" are added after "federally enforceable", as provided in 40 C.F.R. 51.166(w)(2)(ii)(b);

(9) "ambient air" has the meaning given in AS 46.14.990;

(10) "ambient air quality standards" has the meaning given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; "asphalt plant" includes any combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the stationary source;

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1);

(14) "begin actual construction" has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) "building, structure, facility, or installation" has the meaning given in AS 46.14.990;

(18) "casting off" means the first release of a line securing a vessel to shore as part of the process of leaving berth;

(19) "Class I area," "Class II area," and "Class III area" mean an area designated in 18 AAC 50.015, Table I, as Class I, Class II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 15, 1990;

(21) repealed 7/25/2008;

(22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; "coal preparation plant" includes any combination of thermal dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers and crushers, coal storage systems, and coal transfer systems within the stationary source;

(23) "commissioner" means the commissioner of environmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a storage tank due to changes in temperature and pressure;

(25) "construct" or "construction" has the meaning given to "construction" in AS 46.14.990;

(26) "construction permit" has the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank car; "delivery tank" does not include a tank of less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environmental Conservation;

(29) "emission" has the meaning given in AS 46.14.990;

(30) "emission limitation" has the meaning given in AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) "emissions unit" has the meaning given in AS 46.14.990;

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) repealed 4/1/2010;

(36) "expected number," as that term is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AAC 50.035;

(37) "federal administrator" has the meaning given in AS 46.14.990 and includes the federal administrator's designee;

(38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression organization within the Department of Natural Resources, United States Forest Service, or United States Bureau of Land Management/Alaska Fire Service;

(39) "fuel burning equipment" means a combustion device capable of emission; "fuel-burning equipment" includes flares; "fuel-burning equipment" does not include mobile internal combustion engines, incinerators, marine vessels, wood-fired heating devices, and backyard barbecues;

(40) "fugitive emissions" has the meaning given in 40 C.F.R. 51.166(b)(20), as revised as of July 1, 2019, and adopted by reference;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of July 1, 2019, and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the stack;

(43) "grate cleaning" means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990;

(45) "hazardous air pollutant major source" has the meaning given for the term "major source" in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.201 - 18 AAC 62.299;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed under natural conditions; in this paragraph, "change in visibility" includes light extinction, atmospheric discoloration, and any other change in visual range, contrast, or coloration;

(48) "incinerator" means a device used for the thermal oxidation of garbage or other wastes, other than a wood-fired heating device, including an air-curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;

(49) "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or "LAER" has the meaning given in 40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" under 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52) "major stationary source" means

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change that meets the definition of "major stationary source" under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change that meets the definition of "major stationary source" under 40 C.F.R. 51.165(a)(1)(iv);

(53) "major modification" means

(A) for the purposes of 18 AAC 50.306, a change that meets the definition of "major modification" under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of "major modification" under 40 C.F.R. 51.165(a)(1)(v);

(54) "make fast to the shore" means to secure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) "maximum achievable control technology" or "MACT" means a maximum achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximum monthly average temperature reported by the National Weather Service;

(58) "minor permit" means a permit issued under 18 AAC 50.502 - 18 AAC 50.560;

(59) "modification" or "modify" has the meaning given to "modification" in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));

(60) "Nikiski Industrial Area" means the area of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302;

(62) "nonattainment area" means, for a particular air pollutant, an area designated as nonattainment for that air pollutant;

(63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of September 18, 2007, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning"

(A) means the burning of a material that results in the products of combustion being emitted directly into the ambient air without passing through a stack, flare, vent, or other opening of an emissions unit from which an air pollutant could be emitted;

(B) does not include

(i) a campfire;

(ii) a barbecue;

(iii) a ceremonial fire:

(iv) the use of a candle;

(v) the use of a cigar. cigarette, or pipe;

(vi) the use of celebratory fireworks;

(66) "operator" has the meaning given in AS 46.14.990;

(67) "organic vapors" means any organic compound or mixture of compounds evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols formed from volatile liquid;

(68) "ORL" means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) "PAL major modification" has the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter"

(A) except as provided in (B) of this paragraph, means a material, except water, that is or has been airborne and exists as a liquid or solid at standard conditions;

(B) with respect to meeting emissions standards in 18 AAC 50.077,

(i) has the meaning given in 40 C.F.R. 60.531 (Subpart AAA), revised as of July 1, 2017, and adopted by reference;

(ii) includes total particulate matter as defined in the definition of "particulate matter" in 40 C.F.R. 60.531;

(72) "permit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.990;

(74) "petroleum refinery" means a stationary source engaged in the distillation of petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) "plantwide applicability limitation" or "PAL" means an emission limitation expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008;

(78) "Port of Alaska stationary source" means a stationary source located in the Port of Alaska that contains one or more emissions units subject to a standard in 18 AAC 50.085 or 18 AAC 50.090;

(79) "potential emissions" has the meaning given to term "potential to emit" in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) "ppm" means parts per million;

(82) "practical means available" means, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmentally acceptable procedure exists, that procedure will be required;

(83) "project" means a physical change or change in the method of operation of an existing stationary source;

(84) "PSD" means prevention of significant deterioration;

(85) "PSD permit" means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and "reconstruction" have the meaning given "reconstruction" in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, except that for purposes of 18 AAC 50.260, "reconstruction" has the meaning given in 40 C.F.R. 51.301, adopted by reference in 18 AAC 50.260(a);

(89) "reduction in visibility" means the obscuring of an observer's vision;

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;

(92) repealed 11/9/2014;

(93) "responsible official" means

(A) for a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or a duly-authorized representative of that person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(ii) the delegation of authority to the representative is approved in advance by the department;

(B) for a partnership or sole proprietorship, a general partner or the proprietor, respectively; and

(C) for a public agency, a principal executive officer or ranking elected official; for the purposes of this chapter, a principal executive officer of a federal agency includes the chief executive officer with responsibility for the overall operations of a principal geographic unit in this state;

(94) "reviewing authority" means the department;

(95) "rig day" means each calendar day that a single drill rig is drilling or testing an oil or gas well in normal operation or standby service; "rig day" does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a source;

(98) "small business facility" has the meaning given in AS 46.14.990;

(99) "smolder" means to burn and smoke without flame;

(100) "soot-blowing" means using steam or compressed air to remove carbon from a furnace or from a boiler's heat transfer surfaces;

(101) "stack" has the meaning given in AS 46.14.990;

(102) "standard conditions" means dry gas at 68° F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of igniting the engine; and

(B) for all other sources, the setting into operation of a source for any reason;

(104) "state air quality control plan" means the plan adopted by reference in 18 AAC 50.030;

(105) "stationary source" has the meaning given in AS 46.14.990;

(106) "technology-based emission standard" means

(A) a best available control technology standard within the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for which the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) "temporary construction activity" means construction that is completed in 24 months or less from the date construction begins; "temporary construction activity" includes any period of inactivity during that 24-month period;

(108) "thermal soil remediation unit" means a stationary source that causes contaminants to be desorbed from soils by heating the soil in a kiln;

(109) "Title I permit" means

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502 - 18 AAC 50.560;

(B) construction permit issued before October 1, 2004; or

(110) "Title V permit" means a permit required by AS 46.14.130(b);

(111) "Title V source" means a stationary source classified as needing a permit under AS 46.14.130(b);

(112) "TPY" has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department's Air Quality Assurance Manual for Ambient Air Quality Monitoring, adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a normal and usual manner;

(116) "vapor collection system" means all equipment, ducts, piping, valves, and fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with volatile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary storage vessel that contains a volatile liquid;

(121) "volatile organic compound" or "VOC" has the meaning given in 40 C.F.R. 51.100(s), as revised as of July 1, 2019, and adopted by reference;

(122) "weighing anchor" means to begin heaving in the anchor with intent to retrieve it and get underway, regardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device"

(A) means a device designed or used for wood combustion so that usable heat is derived for the interior of a building;

(B) includes

(i) wood-fired or pellet-fired stoves;

(ii) woodstoves;

(iii) fireplaces;

(iv) wood-fired forced air furnaces;

(v) masonry heaters;

(vi) wood-fired or pellet-fired cooking stoves;

(vii) wood-fired hydronic heaters; and

(viii) combination fuel furnaces or boilers that burn wood;

(C) does not include a device that is primarily a part of an industrial process and incidentally provides usable heat for the interior of a building;

(124) "portable oil and gas operation" means an operation that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; "portable oil and gas operation" does not include well servicing activities; for purposes of this paragraph, "test" means a test that involves the use of a flare;

(125) "well servicing activities" means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short and varying periods of time; "well servicing activities" includes the use of

(A) coiled tubing units;

(B) well frac units;

(D) well hot oil units; and

(E) well wireline units;

(126) "PAL pollutant" means the pollutant for which a plantwide applicability limitation (PAL) is established at a major stationary source;

(127) "regional administrator" means the administrator of Region X of EPA;

(128) "PM-2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers;

(129) "ozone" means a colorless gas that has a pungent odor and the molecular form O3;

(130) "transportation improvement program" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(131) "CO2 equivalent emissions (CO2e)" has the meaning given in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040;

(132) "greenhouse gases" has the meaning given in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040;

(133) "campfire" means an open fire that is

(A) less than three feet in diameter;

(B) used for cooking, personal warmth, lighting, ceremonial, or aesthetic purposes;

(D) not associated with a debris disposal activity;

(134) "dry wood" means wood with a moisture content of 20 percent or less;

(135) "hydronic heater"

(A) means an outdoor or indoor fuel burning device, that may be equipped with a heat storage unit, and that heats building space by means of the distribution, typically through pipes, of fluid that is typically water or a mixture of water and antifreeze and that is heated in the device;

(B) does not include a forced-air furnace;

(136) "manufactured compressed wood log" means a log that has been made from 100 percent compressed sawdust, wood chips, or other organic material and that does not have additives;

(137) "masonry heater" means a heating appliance that

(A) is constructed of concrete or solid masonry that is designed to absorb and store heat from a solid fuel fire built in the firebox by routing the exhaust gases through internal heat exchange channels in which the flow path downstream of the firebox may include flow in a horizontal or downward direction before entering the chimney; and

(B) delivers heat by radiation from the masonry surface of the heater;

(138) "solid fuel-fired heating device"

(A) means a device used for wood or coal combustion so that usable heat is derived for the interior of a building;

(B) includes

(i) wood-fired heating devices;

(ii) coal-fired stoves;

(iii) coal-fired forced air furnaces;

(iv) coal-fired cooking stoves;

(v) coal-fired hydronic heaters; and

(vi) combination fuel furnaces or boilers that burn wood and coal;

(i) primarily a part of an industrial process and incidentally provides usable heat for the interior of a building; or

(ii) is a cogeneration boiler that provides both steam for electrical generation and steam for a centralized heat distribution system;

(139) "wet wood" means wood with moisture content of more than 20 percent;

(140) "woodstove" has the meaning given in "wood heater" in 40 C.F.R. 60.531; the definition of "wood heater" in 40 C.F.R. 60.531, as revised as of July 1, 2015, is adopted by reference;

(141) "design concept" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(142) "design scope" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(143) "FHWA" means the United States Department of Transportation, Federal Highway Administration;

(144) "FTA" means the United States Department of Transportation, Federal Transit Administration;

(145) "hot-spot analysis" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(146) "isolated rural nonattainment and maintenance areas" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(147) "metropolitan planning organization" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(148) "transportation control measure" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference.

(149) "BACM" has the meaning given the term "best available control measures (BACM)" in 40 C.F.R. 51.1000, as revised as of July 1, 2017, adopted by reference;

(150) "BACT"

(A) except as provided in (B) of this paragraph, has the meaning given the term "best available control technology" in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040;

(B) with respect to a nonattainment area plan for a nonattainment area that under 42 U.S.C. 7513 and 7602 EPA has designated "serious" for PM-2.5, has the meaning given the term "best available control technology" in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040, except that BACT applies only to direct emissions of PM-2.5 and to PM-2.5 plan precursors;

(151) "RACT" has the meaning given the term "reasonably available control technology (RACT)" in 40 C.F.R. 51.100(o), as revised as of July 1, 2019, adopted by reference.

(152) "catalytic oxidizer" means an emission control device that employs a catalyst fixed onto a substrate to oxidize air pollutants in an exhaust stream;

(153) "charbroiler" means a cooking device composed of a grated grill and a heat source, where food resting on the grated grill cooks as the food receives direct heat from the heat source or a radiant surface;

(154) "chain-driven charbroiler" means a semi-enclosed charbroiler designed to mechanically move food on a grated grill through the broiler;

(155) "used oil" means any petroleum product that has been refined from crude oil, in whole or in part, or any synthetic oil that is contaminated by physical or chemical impurities as the result of use; used oil is a free-flowing liquid at standard temperature and pressure and has a flash point of greater than 100 degrees Fahrenheit; used oil includes oils used as lubricants, heat transfer fluids, hydraulic fluids; used oil does not include materials derived from crude or synthetic oils that are fuels, such as gasoline, jet fuel, or diesel fuel, or cleaning agents or solvents, such as naphtha or mineral spirits.

History

Authority: AS 44.46.025; AS 46.14.150; AS 46.14.280 AS 46.03.020; AS 46.14.160; AS 46.14.285 AS 46.03.710; AS 46.14.170; AS 46.14.290 AS 46.14.010; AS 46.14.180; AS 46.14.300 AS 46.14.020; AS 46.14.210; AS 46.14.560 AS 46.14.030; AS 46.14.230Sec. 30, ch. 74, AS 46.14.120; AS 46.14.240SLA 1993 AS 46.14.130; AS 46.14.250 AS 46.14.140; AS 46.14.255
Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 4/1/2010, Register 193; am 12/9/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012, Register 203; am 10/6/2013, Register 208; am 11/9/2014, Register 212; am 2/28/2015, Register 213; am 4/17/2015, Register 214; am 3/2/2016, Register 217; am 1/12/2018, Register 225; am 9/15/2018, Register 227; am 1/8/2020, Register 233; am 11/7/2020, Register 236; add'l am 11/7/2020, Register 236; am 6/1/2025, Register 254

Chapter 52 Emissions Inspection and Maintenance Requirements for Motor Vehicles

Article 1 Emissions Inspection and Maintenance Requirements

18 AAC 52.005 Applicability and general requirements

(a) Subject to the other provisions of this section, including the exemptions set out in (f) of this section, the maintenance requirements of 18 AAC 52.015(a) apply to

(1) a motorist; and

(2) a person engaged in the business of maintaining, repairing, or otherwise servicing emissions control systems.

(b) The requirements of (c) of this section apply to a

(1) a motorist who resides in an inspection and maintenance (I/M) area identified in (g) of this section;

(2) a motorist whose motor vehicle is principally located or operated in an I/M area;

(3) a motorist who commutes into the Municipality of Anchorage I/M area;

(4) a motorist who attends school at the University of Alaska within the Fairbanks North Star Borough I/M program area; and

(5) a motorist described in (1) - (4) of this subsection whose motor vehicle is located within an I/M area on a public right-of-way, public land, or on commercial premises such as a parking lot that is open to the public.

(1) a motorist described in (b) of this section shall

(A) have that motorist's motor vehicle inspected every two years as required by this chapter unless

(i) the requirement is waived under 18 AAC 52.060; or

(ii) the vehicle is a model year (MY) 2006 or newer; if the vehicle is a model year 2006 or newer, the vehicle's first inspection is due when the current calendar year equals the vehicle model year plus six years; subsequent inspections are due every two years after the year the vehicle's first inspection is due;

(B) have one of the following types of windshield stickers permanently affixed to the vehicle's windshield:

(i) certificate of inspection;

(ii) seasonal waiver;

(iii) new vehicle;

(iv) diesel exemption;

(C) comply with the maintenance practices for the motor vehicle emissions control system to reduce air pollution required by 18 AAC 52.015(b) and any additional emissions-related maintenance practices recommended by the manufacturer; and

(D) have the emission-related vehicle repairs required by 18 AAC 52.065 performed and, if the repairs are to be applied to the repair cost minimum, ensure that the repairs are made by a certified mechanic;

(2) a motorist described in (b)(1) of this section and a motorist described in (b)(2) of this section shall obtain a certificate of inspection as required under (1) of this subsection by having the vehicle inspected within 90 days before registration is due under AS 28.10.108;

(3) a motorist described in (b)(3) of this section shall have the vehicle inspected before commuting into the Municipality of Anchorage I/M area and every two years thereafter; and

(4) a motorist described in (b)(4) of this section shall have the vehicle inspected before attending the University of Alaska within the Fairbanks North Star Borough I/M program area and every two years thereafter for as long as the motorist attends the University of Alaska within the Fairbanks North Star Borough I/M program area.

(d) Except for a vehicle described in (f) of this section, the motorist of a vehicle registered in another state shall obtain a certificate of inspection within 30 days after

(1) a change in the motorist's residence from a non-I/M area to an I/M area; or

(2) the vehicle begins to be principally located or operated in an I/M area.

(e) In addition to the requirements of (a) - (d) of this section, this chapter

(1) governs an I/M program established by an implementing agency and requires the implementing agency to conduct that program in accordance with this chapter and the department's Alaska I/M Program Manual dated December 16, 2005, which is adopted by reference;

(2) requires a person engaged in the business of maintaining, repairing, or otherwise servicing vehicle emissions control systems in an I/M area to conduct business in accordance with this chapter, including, when applicable,

(A) meeting the certification requirements for

(i) mechanics set out in 18 AAC 52.400; and

(ii) stations set out in 18 AAC 52.415; and

(B) using the inspection and repair procedures required by this chapter, including the procedures set out in the program manual; and

(3) requires a department, agency, or instrumentality of the federal government with jurisdiction over a property or facility within an I/M area, before a vehicle is allowed to operate on that property or facility, to

(A) require employees or contractors who operate a vehicle on the property or facility to furnish proof of compliance with this chapter; for purposes of this subparagraph, proof of compliance may be

(i) a valid certificate of inspection for the vehicle;

(ii) proof of vehicle registration in the I/M area; or

(iii) another method approved by the implementing agency; and

(B) obtain a valid certificate of inspection for each motor vehicle owned or leased by the federal government and located or operated on the property or facility, unless the implementing agency, in its discretion, allows the use of an alternate method of compliance with this subparagraph.

(f) The I/M requirements of this chapter do not apply to

(1) a 1967 or older motor vehicle;

(2) repealed 2/18/2006;

(3) a gasoline-powered motor vehicle that has an unladen weight of 12,001 pounds or heavier;

(4) a test vehicle for which the department has issued a written exemption;

(5) a military tactical vehicle such as a tank;

(6) motorcycles, golf cart, all-terrain vehicle, snow machine, and motor-driven cycle (moped);

(7) a motor vehicle that has been or will be in Alaska for less than 30 days;

(8) an electric vehicle;

(9) a motor vehicle for which the division of motor vehicles in the Department of Administration has issued, under AS 28.10.181(b) and 13 AAC 40.010, a current, valid special registration and registration plates for a historic vehicle; or

(10) a motor vehicle for which the division of motor vehicles in the Department of Administration has issued, under AS 28.10.181(r) and AS 28.90.990, a current, valid special registration and registration plates for a custom collector vehicle.

(g) For purposes of this chapter, the following is an I/M area:

(1) the Municipality of Anchorage; and

(2) the Fairbanks North Star Borough.

(h) The department will administer an I/M program that applies to motorists who commute into the Municipality of Anchorage I/M area, as provided in 18 AAC 52.030.

(i) For purposes of this chapter, the department may, under 18 AAC 52.007, suspend or reestablish an I/M program in an I/M area described in (g) of this section and in 18 AAC 52.030. Not less than 30 days before the suspension or 275 days before the reestablishment of an I/M program in an I/M area, the department will send notice to that I/M area's

(1) newspaper of general circulation for publication; and

(2) local air pollution control program office.

History

Authority: AS 46.03.010; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177; am 5/17/2008, Register 186; am 11/4/2009, Register 192

18 AAC 52.007 Suspension and reestablishment of I/M requirements

(a) Subject to (b) of this section, if an I/M area attains the NAAQS for carbon monoxide, and after consultation with and approval by the EPA administrator of an applicable revision to the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, the department will suspend the I/M program of this chapter in that I/M area after providing notice in accordance with 18 AAC 52.005(i).

(b) If the I/M program in an I/M area is suspended under (a) of this section, the I/M area violates the NAAQS for carbon monoxide, and the department determines through consultation with EPA that reestablishing the I/M program is the appropriate measure to implement under the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, the department will reestablish the I/M program under 18 AAC 52.005(i) and 18 AAC 52.030.

History

Authority: AS 46.03.010; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 5/17/2008, Register 186

18 AAC 52.010 I/M program administration office

There is created within the department's air quality improvement section, a department office responsible for administration and enforcement of all aspects of the I/M program (I/M office). The I/M office will

(1) administer and enforce the requirements of this chapter, including ensuring that the requirements of this chapter are followed under each I/M program implemented or administered under this chapter;

(2) evaluate, and approve or disapprove I/M program plans submitted under 18 AAC 52.035;

(3) accept complaints from the public against certified mechanics or stations;

(4) investigate and gather evidence regarding suspected violations of this chapter;

(5) suggest measures to resolve disputes between motorists and certified mechanics or stations;

(6) approve referrals to the referee facility described in 18 AAC 52.070;

(7) keep, as a public record, a list of the

(A) names and addresses of all certified mechanics and stations; and

(B) manufacturers of equipment certified for use under this chapter;

(8) provide materials to assist the public in understanding and complying with the requirements of this chapter;

(9) send each certified station that is subject to a department-administered I/M program, a newsletter describing recently adopted ordinances, procedure changes, suspension or revocation hearings, and any other information that the program administrator determines will benefit the I/M program;

(10) routinely evaluate the effectiveness of each I/M program created under this chapter through the analysis of data obtained from certified stations and from special studies;

(11) at the request of the office of the governor, submit a report to the governor on the status and effectiveness of the statewide I/M program; the I/M office will have a copy of this report available at the I/M office for public review; and

(12) prepare reports for a department-administered I/M program, upon request of the department; the reports must fulfill the requirements of 18 AAC 52.037(a) and (b)(1) - (5).

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 1/1/97, Register 140; am 1/1/98, Register 144; am 2/18/2006, Register 177

18 AAC 52.015 Motor vehicle maintenance requirements

(a) A motorist and a person engaged in the business of maintaining, repairing, or otherwise servicing vehicle emissions control systems shall

(1) ensure that emissions, excluding condensed water vapor, from a

(A) gasoline-powered motor vehicle are not visible for more than any five consecutive seconds;

(B) diesel-powered motor vehicle do not result in a reduction of visibility of greater than 40 percent through the exhaust effluent for more than any five consecutive seconds;

(2) ensure that emissions-related adjustments are made as specified by the vehicle manufacturer;

(3) ensure that original and aftermarket emissions-related parts are properly installed and functioning according to specifications and have not been subject to tampering;

(4) not make nor allow to be made any unauthorized modification to the engine or emissions control system; and

(5) use, or place, only unleaded gasoline in a vehicle designed for the exclusive use of unleaded gasoline.

(b) In addition to the requirements of (a) of this section, a motorist described in 18 AAC 52.005(b) shall ensure that an emissions-related repair is made, and that the repair is performed by a mechanic certified under this chapter if the motorist wants to apply that repair to the repair cost minimum.

(c) In addition to the other applicable requirements of this chapter, a mechanic certified under this chapter who repairs a vehicle that has failed an I/M inspection shall use repair procedures issued by the

(1) implementing agency and approved by the department; or

(2) department, if it administers the I/M program; the applicable procedures under this paragraph are set out in Part IV of the program manual.

(d) A motorist may request that a vehicle failing an emissions inspection (I/M test) at a certified station be inspected, at no cost, at a referee facility for verification and documentation of the inspection failure, if the vehicle is covered by a manufacturer's emissions warranty as provided in 42 U.S.C. 7541(a) and (b) (Clean Air Act, section 207(a) and (b)). The motorist may return to the referee facility for a free verification that I/M-related repairs were properly made.

(e) Repealed 1/1/2000.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 2/18/2006, Register 177

18 AAC 52.020 Certificate of inspection requirements

(a) A certificate of inspection required under this chapter may be issued only by the implementing agency, its designee, its referee facility, or a station certified under 18 AAC 52.415.

(b) A motorist described in 18 AAC 52.005(b)(1) or (b)(2) shall obtain and renew a certificate of inspection as required by 18 AAC 52.005(c)(2). A motorist described in 18 AAC 52.005(b)(3) shall obtain and renew a certificate as required by 18 AAC 52.005(c)(3). A motorist described in 18 AAC 52.005(b)(4) shall obtain and renew a certificate as required by 18 AAC 52.005(c)(4).

(c) A person, including a person in military service, who temporarily resides in this state for more than 30 days and who owns or leases a vehicle that is principally located or operated in an I/M area shall obtain a certificate of inspection for that vehicle, even if the vehicle is not required to be registered in this state under AS 28.10.011. A temporary resident shall obtain the certificate of inspection within 30 days after the vehicle enters this state and is principally located or operated in an I/M area.

(d) A motorist described in 18 AAC 52.005(b) shall keep affixed to the inside lower left corner of the front windshield or display in a certificate holder readily visible through the front windshield

(1) a certificate of inspection windshield sticker for the specific vehicle that has passed an I/M test; the sticker must be affixed by the certified mechanic who inspected the vehicle; the certified mechanic may not place a windshield sticker in a certificate holder; or

(2) a waiver, new vehicle, or exemption windshield sticker for a vehicle for which the implementing agency requires a sticker to be displayed under 18 AAC 52.025(c); the sticker must be affixed by the implementing agency or the designee of the implementing agency.

(e) The implementing agency shall sell the certificate of inspection to a certified station in lots of 25. Each sticker must contain a unique serial number, and the implementing agency shall record the serial numbers of each sticker sold to a station. The sticker must comply with the requirements of 18 AAC 52.025, be approved by the department, and be pre-printed using materials, color, and patterns that minimize the risk of forgery. The design of the sticker and any change to the design must be approved by the department. If the design or color of a certificate of inspection is changed, the implementing agency shall permit a certified station to exchange any unused certificates for new certificates at no charge, or the implementing agency shall refund to the certified station the fee paid for returned obsolete certificates.

(f) If the department administers an I/M program under 18 AAC 52.030, it will charge a $20 fee for a certificate of inspection. If a department-administered I/M program, such as a program described in 18 AAC 52.005(h), is associated with an I/M program administered by an implementing agency, the department will charge the same fee as that charged by the implementing agency if that fee is lower than the fee set in this subsection. Nothing in this subsection prohibits an implementing agency other than the department from imposing a fee higher or lower than $20.

(g) If a certificate of inspection or other required windshield sticker that has been issued is lost, destroyed, or mutilated, a replacement certificate may be issued to the motorist if the original issued certificate or other required windshield sticker can be accounted for to the satisfaction of the implementing agency. The replacement certificate must be traceable to the original certificate or other windshield sticker issued.

(h) If, after obtaining a replacement certificate of inspection under (g) of this section, the motorist finds the lost original certificate of inspection, that motorist shall return the original to the implementing agency.

(i) For a department-administered I/M program under 18 AAC 52.030, the department will charge a $20 fee for a replacement certificate.

(j) If registration of a vehicle is refused under AS 28.10.041 because the certificate of inspection for the vehicle is inadequate because of an act or omission of a certified mechanic or station, the station shall retest the vehicle at no charge and issue another certificate if the vehicle passes the I/M test. If registration of a vehicle is refused because the certificate is inadequate because of an act or omission of the motorist, the motorist shall obtain another certificate and pay the appropriate fee. If a second certificate is issued under this subsection, the station shall collect the original parts of the certificate, and shall invalidate the certificate or otherwise account for the original certificate to the satisfaction of the implementing agency. The station shall note the reason for replacement of the certificate, and return each part of the certificate, including the windshield sticker, to the implementing agency for a refund of the cost of the certificate.

(k) A motor vehicle dealer may use a certificate of inspection that was issued within the previous 12 months to register a used motor vehicle under AS 28.10.011 if the

(1) dealer registers the vehicle in the purchaser's name; and

(2) certificate was issued while the vehicle was held in the dealer's inventory for sale.

(l) If a certificate of inspection was used under (k) of this section to register a used vehicle, that certificate may not be used again to register the vehicle or to renew the vehicle registration.

(m) A certificate of inspection is an "emissions inspection and maintenance certificate" or an "emissions inspection certificate" for the purposes of the transfer of ownership of a motor vehicle under AS 28.10.271(d).

History

Authority: AS 44.46.025; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

18 AAC 52.025 Visual identification of certificate of inspection, waivers, and new and exempt vehicles

(a) The windshield sticker certificate of inspection must be

(1) easy to observe from outside a vehicle;

(2) of a quality that is difficult to counterfeit, difficult to remove without destroying it, and durable enough to last until the next inspection without fading, peeling, or otherwise deteriorating; and

(3) affixed to the vehicle's windshield as required by 18 AAC 52.020(d) at the time of inspection by the certified mechanic who performs the inspection.

(b) For purposes of vehicle registration, an electronic record of the certificate of inspection must be received by the division of motor vehicles, Department of Administration.

(c) When a type of vehicle is not required to get an I/M test, the implementing agency may require a windshield sticker that uniquely identifies that type of vehicle. A windshield sticker identifying a new vehicle, a vehicle waved under 18 AAC 52.060(a), or a vehicle exempted under 18 AAC 52.005(f) must

(1) be easy to observe from outside the vehicle;

(2) be of a quality that is difficult to counterfeit, difficult to remove without destroying it, and durable enough to last until the next renewal or inspection without fading, peeling, or otherwise deteriorating;

(3) be unique and noticeably distinguishable from the windshield sticker certificate of inspection;

(4) be affixed to the vehicle's windshield as required by 18 AAC 52.020(d) in the manner prescribed by the implementing agency; and

(5) have a unique number.

(d) An implementing agency shall

(1) require each certified station and new vehicle dealer to account for all windshield stickers that the implementing agency issues to that station or new vehicle dealer; and

(2) adopt enforcement procedures in its design document for appropriate action by the implementing agency against a station or new vehicle dealer that is either missing or cannot account for a windshield sticker or that has improperly issued a windshield sticker.

(e) An implementing agency may, and if the department is the implementing agency, the department will, in the case of a show, classic, or collector vehicle, certify the use of a certificate holder for the display of that vehicle's seasonal waiver issued under 18 AAC 52.060, subject to the requirements of (f) - (m) of this section, as an alternative to the requirement that the waiver be permanently affixed to the windshield.

(f) A certificate holder for a seasonal waiver must be

(1) clear and of a size that accommodates the seasonal waiver and provides an adequate surface for the waiver to be affixed;

(2) of an appropriate size and design to either rest on the dashboard of the vehicle or hang from the vehicle's rear-view mirror so that the certificate holder is plainly visible through the vehicle's windshield from a distance of eight feet;

(3) uniquely marked to allow for easy verification so that the certificate holder is displayed in the appropriate vehicle;

(4) issued by the implementing agency; and

(5) be displayed at all times.

(g) If the department administers an I/M program under 18 AAC 52.030, the department will charge a fee to recover the cost of the certificate holder. If a department-administered I/M program, such as the program described in 18 AAC 52.005(h), is associated with an I/M program administered by an implementing agency, the department will charge the same fee as that charged by the implementing agency. Nothing in this subsection prohibits an implementing agency other than the department from assessing a fee for a certificate holder.

(h) To be eligible to use a certificate holder in place of permanently affixing the seasonal waiver to the vehicle's windshield, the motorist must execute an affidavit attesting that the vehicle

(1) has been issued a valid seasonal waiver under 18 AAC 52.060; and

(2) is driven fewer than 2,500 miles per calendar year.

(i) If renewing a seasonal waiver, a motorist must provide adequate proof of the mileage that the vehicle was driven during the previous registration period on a calendar year basis.

(j) If a vehicle for which a certificate holder is issued is driven more than 2,500 miles in a calendar year during the registration period for which a certificate holder was issued for that vehicle, the motorist may not use the certificate holder any longer. The motorist shall forfeit and return the certificate holder to the implementing agency and obtain a certificate of inspection or seasonal waiver to be affixed to the inside lower corner of the front windshield.

(k) A motorist may not obtain a certificate holder for a camper or a motor home.

(l) The implementing agency shall assign a unique certificate holder for each vehicle. The certificate holder may not be transferred to a different motorist or vehicle. The certificate holder and waiver must be returned to the department or implementing agency if a seasonal waiver is denied under 18 AAC 52.060 or if the title to the vehicle is transferred to another motorist.

(m) A motorist may not display a certificate holder in a vehicle other than the vehicle for which it has been issued. If a motorist incorrectly displays, or fails to display, a certificate holder, the implementing agency shall revoke each certificate holder and seasonal waiver issued to that motorist. The motorist shall return each revoked certificate and seasonal waiver to the implementing agency.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

18 AAC 52.030 Department-administered I/M program

(a) The department will, in its discretion, and after notice and opportunity for public comment, administer an I/M program

(1) in any area where the department determines that a program is needed to attain or maintain the national ambient air quality standard for carbon monoxide by the date required by 42 U.S.C. 7512 (Clean Air Act, section 186), as amended through November 15, 1990;

(2) in an I/M area where an implementing agency

(A) determines that it will no longer administer the I/M program in that area; or

(B) is found by the department, under AS 46.14.410, to be administering an inadequate program; or

(3) that applies to motorists who commute into an I/M area but whose vehicles are not registered in that I/M area.

(b) A person subject to this chapter shall meet the applicable requirements of a department-administered I/M program, including the requirements of the program manual, in the same manner that the person would be required to meet the requirements of a program administered by an implementing agency.

(c) Subject to (d) of this section, if the department administers an I/M program, when it is stated in this chapter that the implementing agency

(1) "may," it means that the department will act, in its discretion; and

(2) "shall," it means that the department will act.

(d) Except as stated otherwise, the reporting requirements imposed upon an implementing agency under this chapter do not apply under a department-administered I/M program.

History

Authority: AS 46.03.020(10)AS 46.14.410 AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130

18 AAC 52.035 I/M program administered by an implementing agency

(a) A municipality may not implement or administer an I/M program without department approval. The department will approve a program that

(1) establishes an I/M office that meets the requirements of 18 AAC 52.010(1) and (3) - (9); and

(2) meets the requirements of this section.

(b) An implementing agency shall authorize the issuance of a certificate of inspection for a motor vehicle that passes an I/M program conducted as required by this section. Subject to department approval, an I/M program may be limited to certain model years and categories if the implementing agency shows

(1) that the I/M would be adequate for a cost-effective system; and

(2) that, notwithstanding the limitation to certain model years and categories, the I/M program would meet or exceed the level of emissions control provided under this chapter.

(1) calibration and quality control procedures for an EIS and test equipment in 40 C.F.R. 51, Appendix A to Subpart S, as revised as of July 1, 1999, adopted by reference;

(2) emissions testing procedures in 40 C.F.R. 51, Appendix B to Subpart S, as revised as of July 1, 1996, adopted by reference; and

(3) EIS and test equipment specifications in 40 C.F.R. 51, Appendix D to Subpart S, as revised as of July 1, 1999, adopted by reference.

(d) To ensure that its I/M program meets or exceeds the performance standard achievable under the model I/M program described in this subsection, the implementing agency shall use a mobile source emission factor computer program as required by 40 C.F.R. 51.352(d), as revised as of July 1, 1996, adopted by reference, to determine the projected emissions level of its I/M program and then compare that level with the performance standard. The performance standard is expressed as the average emissions level in grams of carbon monoxide emitted per mile traveled by all gasoline-fueled mobile sources in an I/M area, calculated using a mobile source emission factor computer program as required by 40 C.F.R. 51.352(d) (1996), adopted by reference. The model I/M program includes the following features:

(1) centralized testing;

(2) biennial exhaust emissions testing at curb idle of 1968 and later model year light-duty vehicles;

(3) a 20 percent exhaust emissions failure rate for pre-1981 model year vehicles;

(4) a zero percent waiver rate among vehicles failing the initial inspection; and

(5) a 100 percent compliance rate among all vehicles subject to the program.

(e) An implementing agency that is a municipality operating an I/M program shall submit an implementation plan for department approval. The plan must include

(1) steps to achieve a program as effective as the model program described in (d) of this section;

(2) a program manual that contains specifications and procedures that are at least equivalent to those

(A) required under this chapter, including any program features additional to those features described in the model program described in (d) of this section; and

(B) in the program manual adopted by reference in this chapter, including any program features additional to those features described in the model program described in (d) of this section;

(3) written policies and procedures for

(A) certification of mechanics, inspection and repair stations, and equipment, in accordance with 18 AAC 52.095;

(B) achieving maximum compliance of vehicles subject to the program, including vehicles commuting into the I/M area and vehicles operated at federal facilities in the I/M area;

(D) a quality assurance program to review the performance of certified mechanics and stations;

(E) an enforcement program that is at least as stringent as the one described in 18 AAC 52.100, and a quality control program to achieve maximum compliance by motorists;

(F) an enforcement program at least equivalent to that described in 18 AAC 52.105, to ensure mechanic and station compliance with the program;

(G) emissions testing, visual and functional checks of vehicles, inspections using OBDII systems of applicable vehicles, and repair of emissions-related defects by certified mechanics and stations;

(H) the collection and analysis of inspection data;

(I) providing assistance, through the documentation of vehicle malfunctions, to motorists who have warranty claims with manufacturers;

(J) the operation of a referee facility to verify and document tests and repairs performed by certified mechanics or stations, and to otherwise carry out the functions described in 18 AAC 52.070; and

(K) providing technical assistance to certified mechanics, the repair industry, and motorists in diagnosing and repairing emissions-related defects; and

(4) verification of adequate funding and personnel to properly administer the program.

(f) A municipality that seeks to implement an I/M program or to amend an I/M program previously approved by the department shall submit to the department for approval an implementation plan and schedule that meet the requirements of (e) of this section. A municipality seeking approval of an implementation plan or an amendment shall submit the proposed plan or amendment to the department at least one year before the proposed implementation date and shall include a schedule for implementing the plan or amendment by the proposed date.

(g) The implementing agency shall ensure that certified mechanics and certified stations meet the requirements of this chapter, and that I/M inspections are performed only by certified mechanics.

(h) An implementing agency shall conduct enforcement, quality assurance, and quality control programs as described under this section to ensure that inspections and repairs are properly performed by certified mechanics and that motorists are in compliance with program requirements.

(i) An implementing agency shall allow a certified station to determine whether Parts IV and V of the program manual allow the use of an aftermarket part in an I/M area.

History

Authority: AS 46.03.020; AS 46.14.030 AS 46.14.010; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161

18 AAC 52.037 Reporting requirements for an I/M program administered by an implementing agency

(a) Within 30 days after receiving a request from the department for a report under (b) or (c) of this section, an implementing agency shall submit the report to the department.

(b) A report that the department requests of activities during the previous calendar quarter must contain

(1) the raw emissions test data collected from each motor vehicle inspected during the quarter;

(2) a statistical test data report, including

(A) the number and percentage of vehicles receiving each type of waiver described in 18 AAC 52.060;

(B) a list by model year and vehicle type of the number of vehicles tested, as set out in Table 1 of this subparagraph;

Table 1. Vehicle Types Vehicle Type Definition LDGVlight-duty gasoline-fueled vehicles (passenger cars)

not exceeding 8500 lbs. GVWR HDGVheavy-duty gasoline-fueled vehicles over 8500 lbs.

GVWR (heavier commercial trucks, buses and

motorhomes) LDGT1light-duty gasoline-fueled trucks not exceeding

6000 lbs. GVWR (lighter pick-up trucks and vans) LDGT2light-duty gasoline-fueled trucks over 6000 lbs.

GVWR and not exceeding 8500 lbs. GVWR (heavier

pick-up trucks and vans, and many commercial

trucks)

(i) vehicles that failed an initial emissions test, an initial tailpipe emissions test, and each type of initial emissions control component check;

(ii) initially failed vehicles that failed the first retest for tailpipe emissions;

(iii) initially failed vehicles that received a waiver;

(iv) initially failed vehicles that passed the first or subsequent retest for tailpipe emissions;

(v) initially failed vehicles that passed each emissions control component check on the first or subsequent retest by component; and

(vi) vehicles with no known final outcome;

(D) a list, by model year and test station, of

(i) the number of initial tests; and

(ii) the initial test failure rate; and

(E) the average increase or decrease in vehicle emissions levels after repairs, by model year and vehicle type;

(3) a quality assurance report, including

(A) the number of certified stations operating throughout the quarter and the number operating for part of the quarter; for the stations operating throughout the quarter, the report must include the number of stations that

(i) received, or did not receive, an overt performance review;

(ii) received, or did not receive, a covert performance review;

(iii) were closed as a result of an overt performance review;

(B) the number of covert performance reviews

(i) conducted with a vehicle set to fail the emissions test or the OBDII portion of the I/M test, one or more visual or functional checks, or both the emissions test or the OBDII portion of the I/M test and one or more visual or functional checks; and

(ii) that resulted in a false pass for the emissions test, for the OBDII portion of the I/M test, for one or more visual or functional checks, or for both the emissions test or the OBDII portion of the I/M test and one or more visual or functional checks;

(C) the number of certified mechanics and stations whose performance reviews resulted in a verbal warning, a written warning, a notice of violation, a citation, a fine or other penalty, or a suspended or revoked certification, or that resulted in the mechanic being suspended or fired, or in the mechanic or station being prohibited from performing a repair or inspection under this chapter;

(D) the number of mechanics who, at the end of the quarter, are certified to conduct testing on motor vehicles that are principally located or operated in the area for which the implementing agency is operating an I/M program, including the number of mechanics who

(i) received, or did not receive, an overt performance review;

(ii) received, or did not receive, a covert performance review;

(E) the number of administrative hearings conducted by the implementing agency to consider an action against a certified mechanic or station, and the result of each hearing;

(F) the amount collected in fines from certified mechanics and stations, listed by type of violation; and

(G) the number of vehicles used for covert performance reviews during the year;

(4) a quality control report that lists

(A) the number of inspection stations and EISs used in the program;

(B) the number of equipment reviews, listed by station or EIS;

(D) the number of EISs that were locked out; and

(E) the number and percentage of stations and EISs closed as a result of an equipment review; and

(5) an enforcement report that lists

(A) an estimate of the number of vehicles subject to the program, including the results of an analysis of the registration database;

(B) the percentage of vehicles in compliance, based on a comparison of the number of certificates of inspection issued with the number of subject vehicles; if more than one certificate of inspection was issued to the same audit vehicle, the certificate and vehicle should be counted only once;

(C) the number of certificates of inspection issued to certified stations by the implementing agency, and the number of certificates that are unaccounted for;

(D) the number of waivers granted under 18 AAC 52.060(a) and the number of time extensions granted under 18 AAC 52.060(d);

(E) the number of compliance surveys, including parking lot surveys, conducted, the number of vehicles surveyed in each survey, and the noncompliance rate found during each survey;

(F) a detailed report on actions taken by the implementing agency, on its own or in cooperation with the department and the division of motor vehicles, to prevent motorists from

(i) falsely registering a vehicle outside the I/M area;

(ii) falsely changing fuel type or weight class on the vehicle registration;

(iii) driving a vehicle in the I/M area from November 1 through March 31 after obtaining a seasonal waiver under 18 AAC 52.060(a)(3) for that vehicle; and

(iv) commuting into the Municipality of Anchorage and failing to comply with this chapter;

(G) the results of any special study of the frequency of the violations listed in (F) of this paragraph;

(H) the total amount of fines imposed by the Alaska Court System or by an implementing agency that is a municipality for

(i) driving with an expired registration or for misrepresenting the motorist's residential address for purposes of vehicle registration; or

(ii) displaying a windshield sticker on a vehicle that is not in compliance with this chapter; and

(I) the number of registration file evaluations, including the number of registrations reviewed and the compliance rate found in each evaluation.

(1) changes made during that 12-month period in program design, funding, personnel levels, procedures, regulations, and legal authority, with a detailed evaluation of the impact of each change on program effectiveness;

(2) program weaknesses or problems identified within that 12-month period and any plans to address each weakness or problem; and

(3) corrective actions taken and the results of those actions.

History

Authority: AS 46.03.020; AS 46.14.030 AS 46.14.010; AS 46.14.510
Eff. 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

18 AAC 52.040 Centralized inspection program

To carry out the requirements of this chapter, an implementing agency may implement a centralized I/M program that

(1) meets the performance standards described in 18 AAC 52.035(d);

(2) is conducted at a test-only inspection facility operated by the implementing agency or its contractor; and

(3) otherwise meets the applicable requirements of this chapter.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129

18 AAC 52.045 Decentralized inspection program

To carry out the requirements of this chapter, an implementing agency may implement a decentralized I/M program that

(1) meets the performance standards described in 18 AAC 52.035(d); and

(2) otherwise meets the applicable requirements of this chapter.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129

18 AAC 52.050 Emissions standards

(a) For a vehicle to pass an I/M program inspection, it must

(1) have emissions levels at or below the standards in this section and 18 AAC 52.055; this requirement does not apply to light-duty 1996 or newer model year vehicles unless that vehicle's make, model, and model year has been exempted from the requirement for the OBDII portion of an I/M test due to a documented problem with the OBDII system of that specific make, model, and model year;

(2) have no missing, modified, disconnected, improperly connected, or defective emissions-related parts identified by the mechanic during a visual or functional check or identified by the vehicle's OBDII system; and

(3) pass the OBDII portion of an I/M test if the vehicle is a light-duty 1996 or newer model year; reasons for failure of the OBDII portion of the I/M test include the vehicle's

(A) MIL being commanded on;

(B) second failed readiness evaluation in an inspection cycle;

(D) OBDII system not responding to a command for communication.

(b) A vehicle that does not meet the requirements of 40 C.F.R. 85.2207, as revised as of July 1, 1998, adopted by reference, fails the OBDII check.

(c) A motorist whose vehicle has a missing, modified, disconnected, improperly connected, or defective emissions-related part shall repair the vehicle as required under 18 AAC 52.015 and 18 AAC 52.065.

(d) Unless an implementing agency imposes an alternative standard under 18 AAC 52.055, the standards set out in this section and illustrated in Figure 3 in Part IV, g and Appendix B of the program manual may not be exceeded in an I/M area.

(e) For LDGVs as defined in Table 1 of 18 AAC 52.037(b), emissions standards for carbon monoxide, expressed as the percentage of carbon monoxide in the undiluted exhaust, are as follows:

(1) 1968 to 1971 model years: 5.0 percent at curb idle and 4.0 percent at 2500 rpm;

(2) 1972 to 1974 model years: 4.0 percent at curb idle and 3.0 percent at 2500 rpm;

(3) 1975 to 1980 model years: 2.0 percent at both curb idle and 2500 rpm;

(4) 1981 to 1993 model years: 1.0 percent at both curb idle and 2500 rpm;

(5) 1994 and newer model years: 0.5 percent at both curb idle and 2500 rpm.

(f) For LDT1 and LDGT2s as defined in Table 1 of 18 AAC 52.037(b), emissions standards for carbon monoxide, expressed as the percentage of carbon monoxide in the undiluted exhaust, are as follows:

(1) 1968 to 1972 model years: 5.0 percent at curb idle and 4.0 percent at 2500 rpm;

(2) 1973 to 1978 model years: 4.0 percent at curb idle and 3.0 percent at 2500 rpm;

(3) 1979 to 1983 model years: 2.0 percent at both curb idle and 2500 rpm;

(4) 1984 to 1993 model years: 1.0 percent at both curb idle and 2500 rpm;

(5) 1994 and newer model years: 0.5 percent at both curb idle and 2500 rpm.

(g) For HDGVs as defined in Table 1 of 18 AAC 52.037(b), emissions standards for carbon monoxide, expressed as the percentage of carbon monoxide in the undiluted exhaust, are as follows:

(1) 1968 to 1973 model years: 5.0 percent at both curb idle and 2500 rpm;

(2) 1974 to 1993 model years: 4.0 percent at both curb idle and 2500 rpm;

(3) 1994 and newer model years: 1.0 percent at both curb idle and 2500 rpm.

(h) For LDGVs, LDGT1s, and LDGT2s as defined in Table 1 of 18 AAC 52.037(b), emissions standards for hydrocarbons, expressed as the concentration of hydrocarbons in the undiluted exhaust, are as follows:

(1) 1968 to 1983 model years: 1,000 parts per million at both curb idle and 2500 rpm;

(2) 1984 to 1993 model years: 750 parts per million at both curb idle and 2500 rpm;

(3) 1994 and newer model years: 220 parts per million at both curb idle and 2500 rpm.

(i) For HDGVs as defined in Table 1 of 18 AAC 52.037(b), emissions standards for hydrocarbons, expressed as the concentration of hydrocarbons in the undiluted exhaust, are as follows:

(1) 1968 to 1993 model years: 1,000 parts per million at both curb idle and 2500 rpm;

(2) 1994 and newer model years: 220 parts per million at both curb idle and 2500 rpm.

(j) Each rotor of a rotary engine is the equivalent of one cylinder in determining the applicable emission standards under this section.

(k) Except as provided in (1) of this section, a model year 1975 or newer vehicle equipped with an engine other than the engine originally installed by the manufacturer or an identical replacement of that engine must meet the following requirements to qualify for a certificate of inspection under this chapter:

(1) the resulting engine-chassis configuration must have been certified by either the EPA or the CARB as having emissions that are the same as, or lower than, the original engine-chassis configuration installed in the vehicle;

(2) the emissions controls that were originally installed on the vehicle, as certified by the EPA or the CARB, must be retained on the vehicle;

(3) if the vehicle was originally equipped with one or more catalytic converters, the resulting engine-chassis configuration must be equipped with either the catalytic converter certified by the EAP or the CARB for that configuration or a replacement catalytic converter approved by the implementing agency; and

(4) if the vehicle was originally equipped with feedback controls and an evaporative emissions control system, that system must remain functional on the resulting engine-chassis configuration.

(l) Instead of meeting the requirements of (k) of this section, a motorist may submit the results of an emissions test performed on a vehicle described in (k) using the FTP or an alternate loaded mode mass emissions test procedure approved by the department. The implementing agency shall issue a certificate of inspection after receiving adequate proof that the vehicle has a mass emissions rate that is the same as, or lower than, the engine-chassis configuration originally installed in the vehicle.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152; 12/30/2000, Register 156; am 3/27/2002, Register 161

18 AAC 52.055 Alternative requirements, standards, and test procedures

(a) The department will, in its discretion, approve alternative requirements, standards, and test procedures to those specified in this chapter.

(b) Subject to department approval, instead of the standards set in 18 AAC 52.050, an implementing agency may establish alternative

(1) tailpipe emissions standards, including mass emissions standards;

(2) steady-state or transient loaded mode test procedures for all or a portion of the vehicles subject to the I/M program; and

(3) procedures to certify compliance of vehicles with replacement engines and of other noncomplying vehicles, if those procedures include emissions standards for those vehicles while they are operated in a loaded mode.

(c) At least one year before establishing an alternative standard or procedure under this section, an implementing agency shall provide to the department proof that

(1) control of vehicle emissions under the alternative standard or procedure will meet or exceed the level of emissions control required by this chapter; and

(2) the alternative standard or procedure will not result in failure of more than two percent of properly constructed and maintained vehicles in any category of vehicles subject to this chapter to meet the alternative standard or procedure.

(d) Repealed 1/1/2000.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/2000, Register 152

18 AAC 52.060 Waivers

(a) Any person may seek a waiver from passing an I/M program inspection, except that no waiver may be issued to a vehicle that is untestable due to a correctable defect, including those listed in 18 AAC 52.530(d). The motorist shall repair a correctable defect before the I/M test will be completed. Except as provided in this subsection, the implementing agency or its contractor may grant a waiver if the person proves to the implementing agency or its contractor that

(1) a certified mechanic at a certified station has attempted to repair a failed vehicle, has made the repairs required by 18 AAC 52.065(a) or (b), and the vehicle failed a retest performed after completion of the required repairs; a waiver issued under this paragraph is valid for one inspection cycle;

(2) the vehicle has a diesel engine; a waiver issued under this paragraph is valid until the vehicle is sold or the diesel engine is replaced with a non-diesel engine; the motorist need not renew a waiver issued under this paragraph, but shall present it to the division of motor vehicles when the vehicle is first registered after becoming subject to this chapter or if the title to the vehicle is changed; if required by the implementing agency under 18 AAC 52.025(c), visual identification of a vehicle with a waiver for a diesel engine issued under this paragraph is by windshield sticker as provided in 18 AAC 52.025(c);

(3) the vehicle qualifies for a seasonal waiver; a waiver issued under this paragraph is valid for one inspection cycle; the implementing agency may issue a seasonal waiver if the motorist certifies in writing that the vehicle will not be operated from November 1 through March 31 in an I/M area, a nonattainment area, or a maintenance area; the written statement must appear on a waiver form that bears a notice to the motorist that

(A) a false statement is punishable by law; and

(B) if, between November 1 and March 31, the vehicle is either operated or parked on a public right-of-way, on public land, or on commercial premises open to the public in an I/M area, a nonattainment area, or a maintenance area, the seasonal waiver immediately becomes void, and

(i) the implementing agency will not approve another seasonal waiver for that vehicle or any other vehicle owned by the motorist, except for good cause;

(ii) the motorist may not transfer ownership of a vehicle for which the seasonal waiver has become void or operate that vehicle after a transfer of the title unless the vehicle has a valid certificate of inspection; and

(iii) a subsequent motorist of a vehicle for which the seasonal waiver has become void is eligible for a seasonal waiver for that vehicle only if the subsequent motorist is not a member of the immediate family of and does not live in the same household as the motorist who owned or leased the vehicle at the time the vehicle's waiver became void;

(4) special circumstances exist that make it impractical to test the vehicle; a waiver issued under this paragraph is valid for one inspection cycle;

(5) the vehicle would not be expected to achieve emissions reductions after full repair of the vehicle to manufacturer's specifications for reasons such as pattern failure; a waiver issued under this paragraph is valid for one inspection cycle;

(6) the vehicle has been modified to use only compressed natural gas (CNG), methanol, or liquefied petroleum gas, and

(A) no emissions control device, other than the thermostatically controlled air cleaner inlet or the evaporative emissions control system, has been disconnected or removed from the vehicle;

(B) emissions test data are available indicating that the vehicle has an idle and parked throttle air-fuel ratio that is not richer than stoichiometric; and

(C) the vehicle is not a dual-fuel vehicle; a waiver issued under this paragraph is valid until the vehicle is sold or is modified to use other than natural gas, methanol, or liquefied petroleum gas;

(7) the vehicle is registered in, but not located or operated in, an I/M area, a nonattainment area, or a maintenance area; a waiver issued under this paragraph is valid for one inspection cycle unless the vehicle returns to an I/M area, a nonattainment area, or a maintenance area, at which time the waiver is void, and the vehicle must be inspected; to qualify for a waiver under this paragraph, the motorist shall submit to the implementing agency

(A) an application, signed by the motorist;

(B) adequate proof that the vehicle is located or operated outside, and not in, an I/M area, a nonattainment area, or a maintenance area; and

(C) a copy of a current certificate of inspection issued in the area where the vehicle is located or operated, if an inspection is required in that area; a written statement must appear on the waiver form that bears a notice to the motorist that

(i) a false statement is punishable by law; and,

(ii) if the vehicle is located or operated in the I/M area, a nonattainment area, or a maintenance area after the waiver is issued under this paragraph, the waiver immediately becomes void, and the implementing agency will not approve another waiver for that motorist under this paragraph; a subsequent owner of a vehicle with a waiver voided under this clause shall provide a current certificate of inspection to the implementing agency before the vehicle will be eligible for a future waiver under this paragraph; and

(8) a certified mechanic has determined as part of an I/M test performed under 18 AAC 52.540(a) that the vehicle cannot be repaired because the parts necessary for repair are unavailable; a waiver issued under this paragraph is valid for one inspection cycle.

(b) Before issuing a waiver under (a)(1) of this section, the implementing agency or its contractor shall

(1) verify that the cost of repairs meets or exceeds the repair cost minimum; and

(2) establish a method to monitor the vehicle until it meets I/M program requirements.

(d) The implementing agency may grant a motorist a time extension not to exceed one inspection cycle to obtain needed repairs on a vehicle in the case of

(1) economic hardship when waiver requirements are not met; the implementing agency may grant only one time extension under this paragraph and shall revoke the extension if it is determined that the motorist no longer qualifies for an extension under this paragraph; the implementing agency may grant an economic hardship extension only if the motorist proves that

(A) the motorist's adjusted gross income, as computed for the preceding year and reported to the United States Department of the Treasury, Internal Revenue Service (IRS), is at or below the poverty level as determined under the United States Department of Health and Human Services poverty guidelines for this state published at 74 Fed. Reg. 4199 - 4201 (January 23, 2009), adopted by reference in this chapter; for a time extension under this subparagraph, the motorist must submit a copy of the motorist's federal income tax return filed for the year preceding the extension request; or

(B) unusual circumstances exist such as health problems or other extraordinary expenses; for a time extension under this subparagraph, the motorist must submit

(i) a copy of the motorist's income tax return filed with the IRS for the year preceding the extension required, but the motorist is not required to comply with the requirement of this clause if the IRS did not require the motorist to file a return;

(ii) a budget sheet that details current income, assets, and liabilities;

(iii) vehicle registration documentation; and

(iv) documentation of the extraordinary expenses, such as medical bills, that support the claim of unusual circumstances; or

(2) repealed 1/1/98.

(e) Repealed 1/1/97.

(f) Except for a waiver issued under (a)(2) or (a)(6), or an extension under (d)(1), of this section, a motorist may apply to the implementing agency for a new waiver each year that the vehicle qualifies for a waiver under this section.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177; am 5/17/2008, Register 186; am 11/4/2009, Register 192

18 AAC 52.065 Emissions-related repair cost minimum

(a) Unless provided otherwise in this section, a motorist who is subject to 18 AAC 52.005(c) shall complete necessary emissions-related repairs as required in (d) of this section. If the cost of completing all repairs exceeds $450, the motorist shall complete those repairs for each inspection cycle with a total cost of no less than $450. If the total cost of all repairs is less than $450, the motorist shall complete all repairs. If a certified mechanic determines under 18 AAC 52.540(a) that parts are unavailable for one or more repairs, the motorist shall complete those repairs for which all parts are available up to $450. If all repairs have been made except one for which parts are unavailable, the motorist shall apply for an unavailable parts waiver as described in 18 AAC 52.060(a)(8). The cost of repairs performed by a person who is not certified under this chapter or the cost of a repair necessary to correct a safety problem may not be applied toward the repair cost minimum.

(b) Repealed 1/1/2000.

(1) the vehicle was subjected to an unauthorized or illegal modification;

(2) the vehicle is owned or leased by a fleet operator; or

(3) a manufacturer's warranty or an insurance claim will compensate the owner for the repair.

(d) The motorist shall complete repairs that eliminate any visual or functional defect identified on the vehicle inspection report (VIR). A partial repair may not be applied to the repair cost minimum.

(e) An implementing agency may, with department approval, establish an alternate repair cost minimum if the implementing agency can demonstrate that the alternate minimum will result in the issuance of an equal or lesser number of repair cost waivers.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.070 Referee facility

(a) Each implementing agency or its contractor shall maintain and operate a referee facility to carry out the functions described in this section.

(b) The implementing agency shall ensure that the referee facility is equipped with instrumentation and other equipment and supplies necessary to determine whether a vehicle passes or fails an inspection test performed under this chapter.

(c) Subject to the implementing agency's approval, the referee facility may charge an inspection fee to inspect a vehicle not previously tested. If a vehicle passes an inspection performed at the referee facility, the referee facility may collect a fee for the certificate of inspection. A referee facility may not charge for an I/M test if the motorist has already paid for an I/M test and has a complete vehicle inspection report (VIR) showing a completed I/M test at a certified station within the past 90 days. If the vehicle fails the inspection and does not meet the requirements for a repair cost waiver under 18 AAC 52.060(a)(1), the referee facility may provide the motorist with a required-repair form that describes the repairs that must be made. The motorist shall make the repairs described on the required-repair form within 60 days. If the motorist disputes the results of a failing inspection performed by the referee facility, the referee facility may perform additional functional tests to verify the reason for failure.

(d) If directed by the implementing agency, the referee facility shall

(1) verify and document inspection failure as described in 18 AAC 52.015(d);

(2) determine whether a waiver should be issued under 18 AAC 52.060;

(3) confirm the results of tests and repairs performed by a certified mechanic or station if a motorist disputes the work of the mechanic or station;

(4) inspect vehicles that have been rejected from testing at a certified station because of engine or fuel changes;

(5) provide assistance in monitoring certified stations and mechanics under 18 AAC 52.440;

(6) test a vehicle and determine the correct procedure to follow for repairs after a vehicle has received an initial I/M test ("I" test), I/M-related repairs, and an after-repairs test ("A" test) at a certified station, and still fails; if the vehicle passes the initial test, a further I/M test is not required in that inspection cycle unless the ownership of the vehicle is transferred as provided in AS 28.10.271(d);

(7) perform an I/M test if a technical problem prevents a certified station from performing a standard test;

(8) evaluate a catalytic converter for efficiency after the vehicle fails the tailpipe test and no other faults are found;

(9) test a vehicle that has had an engine change if the vehicle has not been tagged by the referee facility with a label containing instructions for properly testing the vehicle;

(10) evaluate a vehicle that fails the "I" test if the certified station refuses to perform repairs because the mechanic determines that the repairs would be ineffective and emissions would not be reduced;

(11) evaluate grey market vehicles as provided in 18 AAC 52.080;

(12) test vehicles referred by an I/M field inspector;

(13) evaluate vehicles covered by a manufacturer's emissions warranty that fail an "I" test and exhibit no indication of tampering;

(14) evaluate vehicles assembled by a person who is not an automobile manufacturer; and

(15) provide other services as directed by the implementing agency.

(e) The referee facility shall make appointments only when instructed to do so by the I/M office. A person referred to the referee facility shall bring with him or her the vehicle, the vehicle registration, a completed, legible referee referral form, and any additional documentation required by (1) - (22) of this subsection for each type of referral, as follows:

(1) Alternate Fueled-Vehicle Inspection - no other documentation is required;

(2) Catalytic Converter Evaluation - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(3) Repair Cost Waiver - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(4) Motorist Complaint that Station is Unable to Resolve/Vehicle Tested - a failing "I" test VIR, an itemized estimate, and a work order or invoice;

(5) Motorist Complaint that Station is Unable to Resolve/Vehicle Not Tested - no other documentation is required;

(6) Review of Disputed Test or Inspection - a passing or failing "I" test VIR, an itemized estimate if the test was failed, and a work order or invoice;

(7) Dual Exhaust or Headers - an "I" test VIR, an itemized estimate, and a work order or invoice;

(8) Engine Changes - no other documentation is required;

(9) Failed Vehicle after "I" Test, Repairs and "A" Test - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(10) Failed Vehicle with Increased Emissions after "I" Test, Repairs and "A" Test - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(11) Failed Vehicle with Increased Emissions after "I" Test, Repairs and "A" Test, Referred for Verification of Proper Repairs - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(12) Failed Vehicle/Mechanic Refuses to Repair Because Repairs will Not Reduce Emissions - a failing "I" test VIR, a failed "A" test VIR, an itemized estimate, and a work order or invoice;

(13) Grey Market Vehicles - no other documentation is required;

(14) I/M Inspector Request - any appropriate I/M documentation provided by the I/M inspector;

(15) Motorhomes with Nonconforming Engine Changes - no other documentation is required;

(16) Parts On Order - a failing "I" test VIR, an itemized estimate of repairs, an itemized work order or invoice showing full payment in advance for all parts and labor, and a "parts on order" form, fully and legibly completed;

(17) Unavailable Parts - proof provided by the certified mechanic who performed the test that the required parts are unavailable, including

(A) a failing "I" test VIR;

(B) an itemized estimate of repairs; and

(i) identifies each unavailable part by its full name and part number, if known;

(ii) confirms that a part is no longer available locally or by order;

(iii) provides the name of each parts supplier contacted, which must include a minimum of three, one of which must be the vehicle dealer; and

(iv) the name of each person spoken to at each part supplier;

(18) Excessive Sample Dilution - an aborted "I" test VIR that shows excessive sample dilution, and a work order or invoice;

(19) Incompatibility/Technical Problem - an aborted "I" test VIR if produced, and a work order or invoice;

(20) Twin Air Pump Vehicle that Failed the Tailpipe Test - a failing "I" test VIR;

(21) Vehicle Assembled by a Private Party (Kit Car) - no other documentation is required; and

(22) Warranty Verification - a failing "I" test VIR.

(f) A certified mechanic shall perform the repairs listed on the required-repair form provided by the referee facility under (c) of this section. If the repairs cannot be completed for less than the repair cost minimum, or if parts are unavailable for one or more required repairs, the mechanic shall contact the referee facility before proceeding. The mechanic may not proceed with any repair until all of the required parts are present for that repair and the cost to the motorist is established. If the certified station agrees to perform the after-repair test and issue a certificate of inspection, the mechanic shall sign the required repair form certifying that all required repairs were properly performed. The certified station may not charge for the after-repair test. A certified station may not issue a certificate of inspection for a vehicle subject to a referee-required repair form without approval from the referee facility. After all referee-required repairs have been performed, the certified station shall contact the referee facility for further instructions.

(g) An implementing agency may establish alternative procedures to those set out in this section, with department approval.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161

18 AAC 52.075 Kit cars and custom-manufactured vehicles

A kit car or custom-manufactured vehicle registered in Alaska before January 1, 1993, is subject to the emissions standards for 1974 model year vehicles set out in 18 AAC 52.050. The owner or lessee of a kit car or custom-manufactured vehicle that was first registered after December 31, 1992, but before January 1, 1998, shall use an engine and evaporative emissions control system from a vehicle of the same class that is certified to meet federal emissions standards applicable to 1988 model year vehicles. The owner or lessee of a kit car or custom-manufactured vehicle that was first registered after December 31, 1997, shall use an engine and evaporative emissions control system from a vehicle of the same class that is certified to meet federal emissions standards, including cold temperature carbon monoxide standards, applicable to 1996 model year vehicles. The owner or lessee shall ensure that the exhaust emissions controls originally intended to be used with the engine, including the computer and feedback control system, are installed and that the vehicle uses the same catalyst used with the engine in a certified vehicle or an aftermarket catalyst approved by the implementing agency.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129

18 AAC 52.080 Grey market vehicles

(a) Except as otherwise provided in this section, the department will, and the implementing agency or referee facility may,

(1) inspect a grey market vehicle in accordance with importation documents issued by EPA or the manufacturer's emissions decal; and

(2) issue a certificate of inspection if the grey market vehicle passes, as required by Part IV of the program manual, the

(A) visual and functional inspections and the tailpipe emissions standards; or

(B) OBDII portion of the I/M test.

(b) If the importation documents nor the manufacturer's emissions decal are not available, but the grey market vehicle has a United States title and has not been modified to comply with EPA emissions requirements, the department will, and the implementing agency or referee facility may,

(1) inspect the vehicle according to the model year of the vehicle and the emissions control systems present on the vehicle at manufacturing; and

(2) issue a certificate of inspection if the vehicle passes, as required by Part IV of the program manual, the

(A) tailpipe emissions standards; or

(B) OBDII portion of the I/M test.

(c) If the importation documents or the manufacturer's emissions decal are not available, but the grey market vehicle has a United States title and has been modified to comply with EPA emissions requirements, the department will, and the implementing agency or referee facility may

(1) inspect the vehicle according to the model year of the vehicle and the emissions control systems present on the vehicle at inspection; and

(2) issue a certificate of inspection if the vehicle passes, as required by Part IV of the program manual, the

(A) tailpipe emissions standards; or

(B) OBDII portion of the I/M test.

(d) If the importation documents or the manufacturer's emissions decal are not available, and the grey market vehicle does not have a United States title, the department will not, and the implementing agency or referee facility may not, inspect the vehicle.

(e) This section does not relieve a motorist from any duty to obtain importation documents issued by EPA and the United States Department of Transportation.

(f) The repair cost minimum is the same for a grey market vehicle as it is for a vehicle manufactured in the United States.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 3/27/2002, Register 161

18 AAC 52.085 Vehicle modifications

(a) Subject to (b) of this section, the referee facility shall, if requested by the motorist, issue a certificate of inspection for a vehicle that has been

(1) converted to dual-fuel use if

(A) the vehicle

(i) meets the emissions standards of 18 AAC 52.050 for the vehicle in its unmodified configuration when tested on each fuel that the vehicle burns; or

(ii) passes the OBDII portion of the I/M test;

(B) the original catalytic converter, or a replacement approved under this chapter is on the vehicle and functional; and

(C) the vehicle is in compliance with the applicable requirements of 40 C.F.R. 51.351, 40 C.F.R. Part 51 Subpart S, 40 C.F.R. Part 85, 40 C.F.R. Part 86, each as revised as of July 1, 1999, and the June 1, 1998 EPA guidance document entitled: Revision to Addendum to Mobile Source Enforcement Memorandum 1A (Revised Tampering Enforcement Policy for Alternative Fuel Conversions), adopted by reference in this chapter;

(2) retrofitted with a replacement gasoline engine as described in 18 AAC 52.050(i).

(b) No engine modification may be made unless the modification, and the parts used for that modification, are included on the list in Part V of the program manual.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

18 AAC 52.090 Repair of nonconforming vehicles

18 AAC 52.090 took effect 2/1/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 130, July 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment to that section.

(a) Based upon guidance issued by the implementing agency, the referee facility shall specify repair procedures for a vehicle that does not comply with the requirements of 18 AAC 52.075, 18 AAC 52.080, or 18 AAC 52.085.

(b) For a grey market vehicle, the implementing agency may require the repair of defective emissions control components, but motorists are not required to retrofit emissions control components that were not originally installed on the vehicle.

(c) The referee facility shall issue a certificate of inspection when a vehicle has been modified to comply with the requirements of 18 AAC 52.075, 18 AAC 52.080, or 18 AAC 52.085.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 1/1/97, Register 140

18 AAC 52.095 Minimum certification requirements

(a) In addition to the other requirements of this chapter, to obtain department approval for an I/M program, an implementing agency shall meet the minimum requirements of this section.

(b) An implementing agency shall adopt training and testing procedures for certifying mechanics to perform I/M tests, repairs, and certification under this chapter. Procedures adopted under this subsection must be at least as stringent as those set out in 18 AAC 52.400 - 18 AAC 52.405.

(c) An implementing agency shall use only training courses for mechanics that have been certified by the department under 18 AAC 52.410.

(d) An implementing agency shall adopt procedures for certifying automotive repair facilities to participate in the I/M program as certified stations. Procedures for certification of stations must be at least as stringent as those set out in 18 AAC 52.415.

(e) An implementing agency shall adopt standards for certifying equipment for use in an I/M program approved under this chapter. Standards for certification of equipment must be at least as stringent as those set out in 18 AAC 52.420.

(f) An implementing agency shall adopt procedures for renewal of certifications issued by the agency. Procedures must be at least as stringent as those set out in 18 AAC 52.425.

(g) An implementing agency shall adopt procedures for monitoring certified mechanics and stations. Procedures must be at least as stringent as those set out in 18 AAC 52.440.

(h) An implementing agency shall adopt procedures for enforcing the I/M program and for revoking or suspending an I/M certification for violations of program requirements or procedures. Procedures adopted under this subsection must be equivalent to those set out in 18 AAC 52.100 and 18 AAC 52.105, including opportunity for notice, response, and an administrative hearing.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 1/1/98, Register 144

18 AAC 52.100 Enforcement procedures for violations by motorists

18 AAC 52.100 took effect 2/1/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 130, July 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment to that section.

(a) To assist an implementing agency, the department will, in its discretion, participate in an enforcement action taken under this section by the implementing agency. The department will, in its discretion, take an enforcement action against a motorist who fails to comply with this chapter, with or without participation of the implementing agency.

(b) If good cause exists, the implementing agency shall investigate a claim that a requirement of this chapter has been violated by a motorist. If the implementing agency finds that a motorist has violated a provision of this chapter or of an I/M program administered under this chapter, the implementing agency may issue a notice of violation, advising that the motorist must respond to the implementing agency within the time period specified in the notice of violation or risk an enforcement action under (d) of this section. Nothing in this subsection requires a peace officer to issue a notice of violation before issuing a citation under an applicable statute, regulation, or ordinance.

(c) The implementing agency shall allow a motorist who is issued a notice of violation the time period specified in the notice, after receipt of the notice, to provide the agency with adequate proof that

(1) a vehicle registered outside an I/M area is not principally located or operated in an I/M area or used to commute into the Municipality of Anchorage;

(2) the vehicle has a valid waiver under 18 AAC 52.060 that was affixed to the windshield or displayed in a certificate holder in accordance with 18 AAC 52.020; or

(3) the vehicle has a valid certificate of inspection that was affixed to the windshield in accordance with 18 AAC 52.020.

(d) If a motorist receives a notice of violation under this section and fails to respond or provide appropriate proof of compliance with this chapter within the time period specified in the notice, the implementing agency may take one or more of the following enforcement actions:

(1) refer the matter for prosecution under AS 46.14.400(j);

(2) refer the matter for prosecution as a class A misdemeanor under AS 46.03.790;

(3) request the division of motor vehicles to revoke the vehicle's registration;

(4) bring a civil action for pollution under AS 46.03.760(e).

History

Authority: AS 46.03.010; AS 46.03.790; AS 46.14.510 AS 46.03.020; AS 46.14.030 AS 46.03.760; AS 46.14.400
Eff. 2/1/94, Register 129; am 1/1/98, Register 144; 1/1/2000 Register 152; am 3/27/2002, Register 161; am 12/14/2006, Register 180

18 AAC 52.105 Enforcement procedures for violations by certified mechanics or stations

(a) If the department or an implementing agency finds, or has cause to believe, that an act or omission of a certified mechanic or an owner, operator, employee, partner, officer, or member of a certified station violates this chapter, the department will, in its discretion, or the implementing agency may investigate the alleged violation and take appropriate compliance action, civil or criminal, against the certified mechanic or certified station based on the nature and severity of the violation and the party's history of noncompliance. The department will, in its discretion, or the implementing agency may use an overt or covert performance review to investigate a certified mechanic or station. The department will, in its discretion, initiate the compliance action, including an overt or covert performance review, or participate in a compliance action taken by an implementing agency.

(b) Violations for which the department or an implementing agency might take action under (a) of this section include the following:

(1) an act or omission by a certified mechanic or an owner, operator, employee, partner, officer, or member of a certified station that causes the mechanic or station to be in violation of any applicable requirement of this chapter or the program manual;

(2) negligently providing incorrect or misleading information to the public regarding the requirements of this chapter or the program manual;

(3) causing or allowing a motorist to sign a work order that does not

(A) include the motorist's name and address;

(B) identify the vehicle by make, model, and model year;

(D) include the vehicle's odometer reading at the time of repair;

(4) failing or refusing to give a motorist a signed copy of any document requiring the motorist's signature;

(5) engaging in conduct that constitutes fraud, deceit, or gross negligence;

(6) failing to follow the inspection and repair procedures specified by the vehicle manufacturer or required by this chapter or the program manual;

(7) departing from or disregarding accepted trade standards for good and workmanlike repair in a manner that is prejudicial to another without the motorist's consent or the consent of the motorist's authorized representative;

(8) making false promises likely to influence, persuade, or induce a motorist to authorize the repair, service, or maintenance of a motor vehicle;

(9) entering false data into a EIS;

(10) performing or allowing a repair that is represented to the motorist as being required to remedy the cause of an inspection failure or obtain a certificate of inspection when it is not required;

(11) adjusting or modifying a vehicle subject to this chapter in a manner that would cause the vehicle to fail an I/M test; this conduct is prohibited regardless of when the vehicle is scheduled for an I/M test;

(12) charging for performing an I/M test that is represented to the motorist as being required when it is not required;

(13) failing to maintain the confidentiality of a mechanic's access code for the EIS;

(14) allowing I/M-related repair work to be done by someone other than a certified mechanic without the motorist's consent;

(15) performing I/M repairs, or performing an after-repair test on a vehicle described in 18 AAC 52.530(b) on which the certified station has not first performed an initial I/M test;

(16) testing a vehicle that is exempt from the requirements of this chapter under 18 AAC 52.005(f) or that is listed in 18 AAC 52.530(c);

(17) performing part of the emissions repairs required when there is an availability of replacement parts or an inability to correct certain emissions defects because of the limitations of a particular station; the only exceptions to this paragraph are

(A) if the referee facility has confirmed an availability of parts problem, or

(B) if the referee facility has confirmed that the vehicle has been repaired to the applicable repair cost minimum;

(18) failing to advise the implementing agency of any change in information provided in the mechanic's or station's application for certification or for renewal of certification;

(19) charging for the repair of defects covered by a warranty without the motorist's written consent;

(20) replacing a modified carburetor with an aftermarket or rebuilt carburetor, unless the replacement is certified by the manufacturer, the BAR, the CARB, or the EPA to meet the same specifications as the original equipment carburetor;

(21) using excessive time to inspect a vehicle during a performance review by the implementing agency; inspection time in excess of 60 minutes is considered excessive for the purposes of this paragraph unless due to circumstances beyond the control of the mechanic or station;

(22) failing to report to the implementing agency any illegal certification or other violation of this chapter;

(23) performing any type of prescreening; and

(24) performing an excessive amount of off-line tests; for purposes of this paragraph, "excessive" means that the number of off-line tests, excluding off-line tests that are a result of problems with either communication lines or the VID, is greater than 10 percent of the total number of on-line tests for any given period.

(c) As part of a compliance action, the department will, in its discretion, or the implementing agency may issue a notice of violation to the certified mechanic or station unless immediate action is warranted. If required by the department or implementing agency in the notice, the certified mechanic or station shall respond to the alleged violations in the time period specified in the notice.

(d) If the department or implementing agency determines that a violation exists and it is in the public interest to do so, the department will or the implementing agency shall modify, suspend, or revoke the certification of a mechanic or station. A compliance action under this section is subject to the following:

(1) if the department or implementing agency modifies, suspends, or revokes the certification of a mechanic or station, the department or implementing agency will send a notice to the mechanic or station stating that, based on the department's or implementing agency's written findings,

(A) the modification, suspension, or revocation is effective 30 days after the date of the notice or, at the discretion of the department or implementing agency, immediately if criminal misconduct is suspected;

(B) the certified mechanic or station may request an informal agency review under (3) of this subsection or a formal hearing under (4) of this subsection within 10 days after receiving the notice and that the certified mechanic or station may also request a stay of the modification, suspension, or revocation under (2) of this subsection within 10 days after receiving the notice; and

(C) a formal hearing, if requested, will be held within 60 days after the department or implementing agency receives a request for a hearing;

(2) if a stay is requested, the department will, in its discretion, or the implementing agency may, for good cause shown and upon reasonable conditions, stay the modification, suspension, or revocation of the certification for a reasonable time;

(3) an informal agency review under this subsection will be before the director of the division of the department that issued the notice, the director's designee, the local I/M administrator, or the local I/M administrator's designee, as applicable; the designee may not be the person who issued the notice; the review will be conducted as follows:

(A) within seven working days after receipt of a request for informal agency review, the person who would conduct the review shall decide if the request merits review;

(B) if the person who would conduct the review decides that the request does not merit review, the director of the division that issued the notice or the local I/M administrator, as applicable, shall inform the mechanic or station in writing of that decision and include the reasons for the decision; the denial shall include a statement that the mechanic or station may seek a formal hearing under (4) of this subsection;

(C) if the review is granted, the person who will conduct the review may request additional information from the mechanic or station; the person who conducts the review shall issue a final decision within 15 days after receipt of the request for review or receipt of additional information requested, whichever is later, and shall also advise the mechanic or station of the right to seek a formal hearing under (4) of this subsection;

(D) a mechanic or station that may seek a formal hearing under this paragraph must submit a hearing request within 15 days after a decision made under (B) or (C) of this paragraph is served on the mechanic or station; if requested, the formal hearing will be held within 60 days after the department or implementing agency receives the request for a hearing;

(4) a formal hearing under this subsection is

(A) before the office of administrative hearings (AS 44.64.010); the office of administrative hearings will hear the matter and prepare a recommended decision under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 for review to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision; or

(B) before the local I/M administrator or a person designated by the administrator to hear the matter and prepare a recommended decision for the administrator's review; the administrator or designated person shall follow the hearing procedures of AS 44.62 (Administrative Procedure Act);

(5) after a formal hearing conducted under (4) of this subsection by the office of administrative hearings or the local I/M administrator, the commissioner or the commissioner's designee will or the local l/M administrator or designated person shall affirm, modify, or set aside the modification, suspension, or revocation of the certification, or return the recommended decision as described in (6) of this subsection;

(6) as an alternative to making a decision described in (5) of this subsection, the commissioner or the commissioner's designee will, after reviewing the recommended decision, return the recommended decision to the office of administrative hearings for further proceedings, consideration, or recommendations, or the local I/M administrator, after reviewing the recommended decision, shall return the recommended decision to the designated person for further proceedings, consideration, or recommendations;

(7) the commissioner will, in the commissioner's discretion, and the local I/M administrator may permanently revoke certification of a mechanic or station if to do so is warranted by the acts or omissions of the mechanic or station; and

(8) the decision of the commissioner or the local I/M administrator under (5), (6), and (7) of this subsection is a final agency decision.

(e) The department will, in its discretion, and an implementing agency may enter into a compliance order by consent with the certified mechanic or station to remedy the alleged violations rather than bring a compliance action or hold a hearing under (d) of this section if the certified mechanic or station agrees to waive its right to a hearing and review. If the department or an implementing agency determines that the mechanic or station has failed to timely implement the terms and conditions of the compliance order, the department will, in its discretion, or the implementing agency may start a compliance action to suspend, modify, or revoke the certification or refuse to renew a certification.

(f) If a certified mechanic or station voluntarily surrenders certification, the department will, in its discretion, or the implementing agency may take further civil or criminal enforcement action as appropriate.

(g) A mechanic or station whose certification is suspended or revoked under this section shall immediately surrender the certificate to the department or the implementing agency, as applicable, surrender all unused certificates of inspection to the implementing agency, and cease doing business as a certified mechanic or station. The implementing agency shall refund the money paid for unused certificates of inspection. The mechanic or station may not advertise that it is certified after its certification is suspended or revoked.

(h) If the owner or operator of a certified station conducts I/M tests at more than one place of business and the acts or omissions of the station warrant it, the commissioner will, in the commissioner's discretion, and the local I/M administrator may apply an action taken under this section to each such place of business in addition to the place of business as to which the action was taken.

(i) Unless the certification was permanently revoked under (c)(7) of this section, a mechanic or station whose certification was modified, suspended, or revoked may apply for recertification at any time. In addition to meeting the applicable requirements of 18 AAC 52.400 - 18 AAC 52.440, the mechanic or station must provide evidence that the mechanic or station has taken adequate corrective action and has taken action necessary to avoid a reoccurrence of the violation. The department will, in its discretion, and the implementing agency may refuse to renew the certification of a mechanic or station that fails either to take adequate corrective action or to take action necessary to avoid a reoccurrence of the violation.

History

Authority: AS 46.03.010; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 11/5/2017, Register 224

18 AAC 52.110 Enforcement procedures for violations by certified equipment manufacturer

(a) If the department or an implementing agency finds or has cause to believe that a certified equipment manufacturer or a designated service contractor of a certified equipment manufacturer is not providing service or maintenance consistent with the equipment manufacturer's certification under 18 AAC 52.420, the department will, in its discretion, or the implementing agency may investigate the alleged violation. If the implementing agency finds or has cause to believe that a violation exists, the implementing agency shall refer the matter to the department for further action. The department will, in its discretion, take an appropriate civil or criminal compliance action based on the nature and severity of the violation and the history of noncompliance by the equipment manufacturer or the designated service contractor.

(b) Violations for which the department might take compliance action under (a) of this section include the following:

(1) lack of a designated service provider located within this state;

(2) failure to respond within three working days from the time a service call is made for service or maintenance of an EIS within an I/M area;

(3) failure to complete all on-site repairs of an EIS within five working days from the time a service or maintenance request is made;

(4) failure to provide an on-call service technician consistent with the equipment manufacturer's certification under 18 AAC 52.420;

(5) failure to provide a call-in system and procedures for an EIS owner to either contact a service technician or place a service request that are consistent with the equipment manufacturer's certification under 18 AAC 52.420;

(6) failure to provide software updates for an EIS within the time frame specified by the department under this chapter or the program manual;

(7) failure to bring non-compliant EISs in the field into compliance with the analyzer system specifications set out in the program manual within the time frame requested by the department or in a way that is satisfactory to the department;

(8) violation of an applicable requirement of this chapter or the program manual; and

(9) conduct that constitutes fraud, deceit, or gross negligence.

(c) As part of a compliance action, the department will, in its discretion, issue a notice of violation to the certified equipment manufacturer or the designated service contractor unless immediate department action is warranted. If required in the notice of violation, the certified equipment manufacturer or the designated service contractor shall respond to the alleged violation within the time specified in the notice.

(d) If the department determines that a violation exists and it is in the public interest to do so, the department will modify, suspend, or revoke an equipment manufacturer's certification. A compliance action under this section is subject to the following:

(1) if the department modifies, suspends, or revokes an equipment manufacturer's certification, the department will send a notice to the manufacturer and, if applicable, the designated service contractor stating that, based on the department's written findings,

(A) the modification, suspension, or revocation is effective 30 days after the date of the notice;

(B) the manufacturer or the service contractor may request an informal agency review under (3) of this subsection or a formal hearing under (4) of this subsection within 10 days after receiving the notice and that the manufacturer or service contractor may also request a stay of the modification, suspension, or revocation under (2) of this subsection within 10 days after receiving the notice; and

(2) if a stay is requested, the department will, in its discretion, for good cause shown and upon reasonable conditions, stay the modification, suspension, or revocation of the certification for a reasonable time;

(3) an informal agency review under this subsection will be before the director of the department division that issued the notice or the director's designee; the designee may not be the person who issued the notice; the review will be conducted as follows:

(A) within seven working days after receipt of a request for an informal agency review, the person who would conduct the review shall decide if the request merits review;

(B) if the person who would conduct the review decides that the request does not merit review, the director of the division that issued the notice shall inform the manufacturer or service contractor in writing of that decision and include the reasons for the decision; the denial shall include a statement that the manufacturer or service contractor may seek a formal hearing under (4) of this subsection;

(C) if the review is granted, the person who will conduct the hearing may request additional information from the manufacturer or service contractor; the person who conducts the review shall issue a final decision within 15 days after receipt of the request for review or receipt of additional information requested, whichever is later, and shall also advise the manufacturer or service contractor of the right to seek a formal hearing under (4) of this subsection;

(D) a manufacturer or service contractor that may seek a formal hearing under this paragraph must submit a hearing request within 15 days after a decision made under (B) or (C) of this paragraph is served on the manufacturer or service contractor; if requested, the formal hearing will be held within 60 days after the department receives the request for a hearing;

(4) a formal hearing under this subsection is before the office of administrative hearings (AS 44.64.010); the office of administrative hearings will hear the matter and prepare a recommended decision under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990 for review to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision;

(5) after a formal hearing conducted under (4) of this subsection by the office of administrative hearings, the commissioner or the commissioner's designee will affirm, modify, or set aside the modification, suspension, or revocation of the certification, or return the recommended decision as described in (6) of this subsection;

(7) the decision of the commissioner under (5) and (6) of this subsection is a final agency decision.

(e) The department will, in its discretion, enter into a compliance order by consent with the equipment manufacturer or designated service contractor to remedy the alleged violations rather than bring a compliance action and hold a hearing under (d) of this section if the manufacturer or service contractor agrees to waive its right to a hearing and review. If the department determines that a certified equipment manufacturer or a designated service provider has failed to timely implement the terms and conditions of a compliance order, the department will, in its discretion, start a compliance action to suspend, modify, or revoke the certification or refuse to renew a certification.

(f) If a certified equipment manufacturer voluntarily surrenders certification, the department will, in its discretion, take further civil or criminal enforcement action as appropriate.

(g) An equipment manufacturer whose certification has been modified, suspended, or revoked may apply for recertification at any time. In addition to meeting the applicable requirements of 18 AAC 52.420, the equipment manufacturer's application must include evidence that the manufacturer has taken adequate corrective action and has taken action necessary to avoid a reoccurrence of the violation.

History

Authority: AS 46.03.010; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 1/1/2000, Register 152; am 11/5/2017, Register 224

Article 4 Certification Requirements

18 AAC 52.400 Mechanic certification

(a) A mechanic who seeks certification under this chapter shall submit an application to the implementing agency on a form provided by the agency. The implementing agency may issue a certification to a mechanic if that mechanic has

(1) at least two years experience in the automotive repair industry, or equivalent educational experience;

(2) successfully completed a certified training course in vehicle inspection and repair procedures; for purposes of this paragraph, a "certified training course" is one that has been certified under 18 AAC 52.410; and

(3) passed an examination that has been approved under 18 AAC 52.405 for purposes of this paragraph, a passing score is 80 percent or above.

(b) Regularly scheduled examinations shall be held at a place and time designated by the implementing agency. The agency shall publish the dates and locations for taking the examination. An applicant who fails the examination may, after at least 30 days, apply for re-examination.

(c) The mechanic competency portion of the examination may be given as a screening or challenge test for competency in the area of emissions control system maintenance and repair. A person who passes the screening test may be certified after passing an abbreviated training course that emphasizes the details of the I/M program requirements and procedures and successfully completing the hands-on proficiency portion of the training course described in (a)(2) of this section.

(d) If a mechanic includes with the application

(1) a certificate of successful completion of a training course certified under 18 AAC 52.410, the implementing agency may waive the competency test described in 18 AAC 52.405(b) of this section, and issue certification after the mechanic successfully completes the rules and regulations and the hands-on portions of the examination described in 18 AAC 52.405(a); or

(2) a current certification issued under this chapter by another implementing agency, the implementing agency will not require the mechanic to take a competency test, but will require successful completion of the rules and regulations and the hands-on tests.

(e) Certification under this section is valid for two years and may be renewed under 18 AAC 52.425. The implementing agency may issue a one-year certification to a mechanic who has received the training and passed the tests described in (a)(2) and (3) of this section, but who does not meet the criteria listed in (a)(1) of this section.

(f) A mechanic certified under this section may perform I/M tests and emission-related repairs as described in this chapter and the program manual.

(g) An applicant who requires additional time to complete the examination shall notify the implementing agency at least 10 days in advance so that special testing arrangements can be made. The implementing agency will make appropriate accommodations as required by the Americans with Disabilities Act, including special testing accommodations for persons unable to take the standard examination.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144

18 AAC 52.405 Certified mechanic examinations

(a) Only an examination certified under this section may be used for purposes of certifying mechanics under 18 AAC 52.400. To be certified under this section, the examination must consist of

(1) a comprehensive mechanic competency test described in (b) of this section;

(2) a written test with a test time of approximately one hour, with the test to cover applicable regulations, the written test may be given to a mechanic only after the mechanic has attended a lecture and a question and answer period of up to eight hours; the written test must cover all requirements of this chapter, with emphasis on certification of mechanics and stations, tailpipe emissions standards, waiver procedures, quality control, program administration, and enforcement; and

(3) a hands-on proficiency test of approximately 30 minutes duration.

(b) Approximately three hours must be allowed to complete the competency test required by (a)(1) of this section, with approximately the first half-hour for orientation and instructions. At least two and one-half hours must be scheduled for the written competency examination. The competency examination must cover

(1) basic internal combustion gasoline engine operation;

(2) fuel systems, OBDII systems, and emissions control devices; and

(3) engine diagnosis and test equipment operation.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 3/27/2002, Register 161

18 AAC 52.410 Training course certification

(a) Only a training course certified under this section may be used for purposes of certifying mechanics under 18 AAC 52.400. The department will, in its discretion, certify a mechanic's training course if minimum course requirements are equivalent to those contained in Part II of the program manual.

(b) A person seeking certification for a training course under this section shall submit to the department:

(1) a detailed course outline;

(2) a written explanation of how the proposed course compares to the minimum course requirements in Part II of the program manual;

(3) a complete copy of course materials to be used, including workbooks, textbooks, and visual aids;

(4) a description of the facilities available for classroom training;

(5) a detailed description of facilities to be used for hands-on training and testing, including a list of available equipment;

(6) a copy of a typical final examination to be given at the completion of the course work and a description of the grading criteria;

(7) a description of the manner in which the integrity of the examination process will be protected; and

(8) a resume for each instructor, including proof that the instructor has current National Institute for Automotive Service Excellence (ASE) L-1 certification and has successfully completed the training course certified under this section or an equivalent course as determined by the department.

(1) an interview with one or more instructors who will be teaching the course; and

(2) a site visit to inspect the facilities to be used for the hands-on training.

(d) The department will issue certification under this section if it finds that students who pass the proposed training course will be capable of accurately following repair procedures set out in Part IV of the program manual.

(e) Use of instructors not identified under (b)(8) of this section, or any other change in the course as certified, requires prior department approval and an amended certification.

(f) Certification for a training course is valid for two years, and must be renewed under 18 AAC 52.425.

(g) After notice and opportunity for hearing, the department will, in its discretion, revoke certification if the course is not being conducted consistent with the description and information provided under (b) of this section.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/2000, Register 152; am 2/18/2006, Register 177

18 AAC 52.415 I/M station certification

(a) An implementing agency may certify an auto repair facility as a certified station if the facility meets the requirements of 18 AAC 52.500 - 18 AAC 52.550. Separate certification is required for each inspection location. Multiple test bays or inspection lanes at one location require a single certificate. Each certification is valid for a single address. A mobile station may not be certified under this chapter.

(b) A person who seeks certification shall submit an application to the implementing agency on a form provided by the implementing agency. The person shall submit a separate application for each inspection location.

(1) the business name under which the station will be operated;

(2) if the station will be operated as a partnership, each partner's name, address, telephone number, and Alaska driver's license number or the number of the state identification card issued by the division of motor vehicles under AS 18.65.310;

(3) each officer's name, title, address, and telephone number, if the station will be operated as a corporation; in addition, the application should include the name, address, and telephone number of the corporation's registered agent, and a copy of a board resolution authorizing operation as a certified station;

(4) the name of the person supervising each location in the I/M area;

(5) the names and certification numbers of all certified mechanics employed by the applicant;

(6) all equipment and supplies that the applicant intends to have on premises to meet the requirements of 18 AAC 52.500 - 18 AAC 52.550; and

(7) the telephone number of each dedicated line provided for each EIS.

(d) The owner or operator of a certified station shall report any change in the information provided in an application under this section to the implementing agency within 10 days after the change occurs.

(e) After receipt of a properly completed application, the implementing agency shall determine whether the information submitted is valid and sufficient to warrant certification. The implementing agency may conduct an onsite inspection of the proposed facility to determine whether the necessary equipment is present and in proper operating condition.

(f) Certification under this section is valid for two years unless

(1) Repealed 1/1/98.

(2) certification is suspended or revoked under 18 AAC 52.105.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.420 Equipment certification

(a) A manufacturer or distributor of emissions test equipment may apply to the department for certification of that equipment for use under this chapter. A person who seeks certification of equipment for use in this state under this chapter shall provide EISs that are an Alaska version of the BAR 97-certified EIS or equivalent. The EIS must be modified to meet the specifications set out in Part I of the program manual. The application must include

(1) the following for California certified hardware:

(A) evidence that the EIS hardware has been certified by the BAR;

(B) all applicable BAR certifications issued for the hardware;

(C) all documentation submitted to the BAR as part of the hardware certification process, including details on the certified hardware configuration; and

(D) a sworn statement by the applicant that the BAR has not revoked certification and that the hardware configuration of the Alaska EIS is identical to that certified by the BAR except as specified in Part I of the program manual;

(2) the following for an EIS equivalent to the California certified BAR 97:

(A) evidence, such as test data, or description of another application or situation in which the hardware has been used; and

(B) evidence that documents the hardware has achieved a level of performance equal to or better than that required under BAR 97 certification;

(3) documentation that the Alaska version of the BAR 97-certified EIS or equivalent operates in a manner consistent with the inspection requirements, the EIS use examples, and the emissions standards contained in Part IV of the program manual;

(4) the specific display prompts and programming of the EIS as set out in Part I of the program manual, including a printed representation of all screen displays that a technician might encounter when using the EIS;

(5) a certified statement that the EIS has been designed to meet the requirements of Part I of the program manual;

(6) an instruction manual for the EIS satisfying the requirements of Part I of the program manual;

(7) a certification signed by an authorized company representative that includes:

(A) a statement that the applicant will provide or arrange for service and maintenance and that addresses

(i) lock-out correction;

(ii) service providers located in this state;

(iii) response time of three days or less from the time a service call is made from any I/M area in this state to provide the service;

(iv) completion of all on-site repairs within five working days from the time the service call is made;

(v) providing a loaner EIS should the analyzer be unrepairable within five working days from the time the service call is made;

(vi) an on-call service technician Monday through Saturday; and

(vii) a 24 hour call-in system and procedures that allow an EIS owner to contact the service technician or place a service call; and

(B) a full description of applicable warranty provisions including

(i) service response time and local or toll-free service contact phone number; and

(ii) a certified copy of the warranty form that will be presented to prospective purchasers and provided with all EISs sold in this state;

(8) a year 2000 compliance statement;

(9) Underwriters Laboratory (UL) or other approved certifications for all system hardware;

(10) a statement that the applicant warrants that each EIS will be free from defects in materials or workmanship as required in Part I of the program manual;

(11) a statement that the applicant will provide a software update of up to 750 programming hours at no cost for development or installation and that additional software updates necessary to comply with revisions to the requirements of Part I of the program manual will be made by the applicant within six months after receiving a notice from the department that a software revision is necessary;

(12) a statement that the applicant will provide two EISs for evaluation by the department or its designee as required by (b) of this section;

(13) a statement that the applicant recognizes that successful completion of the evaluation under (b) of this section does not relieve the applicant from any software warranty requirements;

(14) a description of the service technician access security system the applicant has implemented in EISs to be sold in this state; the pages of the application describing the security system shall be marked CONFIDENTIAL and kept separate from the rest of the application;

(15) documentation that demonstrates the ability of the EIS to communicate with the VID and evidence that the EIS can interface for all EIS-VID information interfaces as described in Part 1 of the program manual; and

(16) a statement that the applicant will pay all reasonable costs incurred by the department in excess of $20,000 in its evaluation of the EIS for consistency with the requirements of this chapter and the program manual.

(b) An applicant for certification under this section shall submit two EISs for evaluation by the department or its designee. The applicant will be given the opportunity to correct minor discrepancies without the need for re-evaluation. Upon certification, the applicant shall transfer ownership of the two EISs to the department.

(d) Annual renewal of certification under 18 AAC 52.425 is required. Renewal of certification will be approved upon a determination by the department that the applicant has complied with any software update requirements imposed under this section or Part I of the program manual and with all service and maintenance requirements identified under (a)(7)(A) of this section and has not committed a violation for which the department might take a compliance action as described at 18 AAC 52.110(b).

(e) Certification of an EIS may be modified, suspended, or revoked under 18 AAC 52.110 if the department determines that the EIS does not fully comply with all portions of the analyzer specifications set out in Part I of the program manual or that the manufacturer has committed a violation for which the department might take compliance action as described at 18 AAC 52.110(b).

(f) The department will, in its discretion, limit suspension or revocation of the certification for an EIS to future sales of that EIS. EISs in service at the time the department imposes a limited suspension or revocation that do not conform to analyzer and update specifications will be locked out until they are brought into compliance at the discretion of the department. If the department limits the suspension or revocation of an EIS to future sales, the department will notify all certified stations and other representatives of the repair industry that the certification of that EIS has been suspended or revoked for EISs put into service after the date of the suspension or revocation. If problems identified are not corrected within the time specified by the department, the department will, in its discretion, suspend or revoke certification for all EISs affected, including those EISs in service at the time of the initial suspension or revocation.

History

Authority: AS 44.46.025; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.425 Renewal of certification

(a) A person who has received certification under 18 AAC 52.400 - 18 AAC 52.420 shall apply for renewal on a form provided by the implementing agency. An application for renewal must be filed at least 30 but no more than 90 days before certification expires.

(b) Renewal of certification of a training course approved under 18 AAC 52.410 requires revisions to the course to accommodate changes in the I/M program.

(c) A certified mechanic's certification expires on its expiration date unless the mechanic renews certification under this section. To renew an I/M mechanic certification, a mechanic must pass a recertification examination. The mechanic shall bring a renewal application and the mechanic's current certification to the recertification examination. To be recertified, the mechanic must pass a written test and a hands-on proficiency test with a score of 80 percent or higher. The written test must be equivalent to the examination described under 18 AAC 52.405 and must include sections on mechanic competency and I/M program regulations.

(d) The department will, in its discretion, approve an alternate method of recertification in an implementing agency's design document if the implementing agency demonstrates that the alternate method will assure that a mechanic recertified under that method will be qualified to carry out the requirements applicable to certified mechanics under this chapter.

(e) A mechanic may act as a certified mechanic for purposes of this chapter only while holding a valid, current certification. If a mechanic fails to renew the certification before it expires, that mechanic is prohibited from performing any activity requiring certification under this chapter.

(f) The implementing agency may inspect a certified station before renewing the station's certification. An applicant for renewal shall meet all conditions required for initial certification under 18 AAC 52.415. If certification has expired, the applicant for recertification may not perform an I/M test until recertification is approved. It is the owner's or operator's responsibility to know when the certification expires and to complete the renewal process before certification expires.

(g) The implementing agency may refuse to renew certification

(1) if the application is inadequate or inaccurate, or if the applicant has had a certification suspended or revoked under this chapter; or

(2) of a training course if the course is shown to be inadequate to ensure that students will be able to accurately follow repair procedures equivalent to those in Part IV of the program manual.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144

18 AAC 52.430 Duty to report change in status

A certified mechanic or station shall report to the implementing agency any change in the I/M-related status, including a change in employment or in the home or mailing address, within 10 days after the change occurs.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129

18 AAC 52.440 Monitoring of certified mechanics and stations

(a) The implementing agency shall conduct routine performance reviews of certified mechanics and stations and shall send vehicles used for overt and covert performance reviews through a certified station to determine whether proper inspections and repairs are being performed. The implementing agency may

(1) perform other inspections, conduct quality control checks, and otherwise monitor mechanic and station performance; and

(2) contract for the analysis of data received from certified stations, and for other assistance.

(b) The implementing agency may direct its referee facility to

(1) alter a vehicle's emissions control system for the purposes of creating an intentional emissions problem that should be readily identifiable by a certified mechanic or station during an overt or covert performance review of the mechanic or station;

(2) verify and document any alteration made under (1) of this subsection, including the status of the vehicle's emissions control system and emissions levels, before the vehicle is taken to the certified station for the performance review; and

(3) determine the results of emissions repairs made on a documented vehicle at the certified station.

(c) After the overt or covert performance review, the implementing agency shall give the certified station a copy of the description of any alteration made by the referee facility under (b)(1) of this section.

(d) A certified station may not charge for an overt performance review conducted under this chapter.

(e) The owner, operator, or an employee of the station shall allow a representative of the implementing agency to

(1) have immediate access to the station during normal business hours;

(2) observe all activities related to I/M testing and repair of vehicles under this chapter; and

(3) have reasonable access to records, including certificates, invoices, work orders, VIRs, estimates, and other documents related to the I/M program.

(f) Except when a test or repair using the EIS is in progress, the owner or operator of a certified station, or a certified mechanic, shall provide immediate access to the EIS so that a representative of the department or the implementing agency may perform any check, reprogramming, disk change, or other system-related inspection, modification, or service. If a test or repair is in progress, the owner, operator, or mechanic shall provide access to the EIS when the test or repair is completed, or within one hour of the request for access, whichever first occurs.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.445 Suspension or revocation of certification

A certified mechanic or station found by the implementing agency to be in noncompliance with a requirement of this chapter risks suspension or revocation of certification under 18 AAC 52.105.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129

Article 5 Certified Station Requirements

18 AAC 52.500 General operating requirements

(a) No person or business may post a sign or otherwise advertise a facility as a certified station or solicit or offer to perform an I/M test if that person or business is not certified under this chapter. The owner or operator of a certified station shall employ only certified mechanics to perform emissions repairs and inspections required under this chapter. The owner or operator shall ensure that all equipment is properly maintained and calibrated and that any repair or inspection subject to this chapter is done as required by the vehicle manufacturer, this chapter, and the program manual, including

(1) ensuring that each EIS used has been certified under 18 AAC 52.420;

(2) following, and requiring mechanics employed by the station to follow, the testing procedures and meeting the inspection standards set out in Part IV of the program manual; and

(3) using only original equipment manufacturer's parts, aftermarket parts that meet original equipment manufacturer specifications, or the aftermarket parts authorized for use in Part V of the program manual.

(b) The owner or operator of a certified station shall ensure that the certified station

(1) is constructed and equipped to comply with applicable federal, state, and local requirements;

(2) is heated and cooled as necessary to

(A) maintain the temperature at the operating range specified for the EIS by the EIS manufacturer; and

(B) prevent excessive temperature fluctuations;

(3) provides 110 - 120 volt power for the EIS from an approved source of electricity that

(A) supplies a consistent source of electricity; and

(B) enables the EIS to meet or exceed the minimum operating requirements for the analyzer;

(4) provides adequate ventilation for exhaust gases; and

(5) is equipped with a separate telephone line for each EIS that is connected to the EIS at all times.

(c) The owner or operator shall ensure that I/M tests and other work subject to the requirements of this chapter are performed only at the certified location.

(d) Upon request, the certified station shall return a replaced part to the motorist after repair work is completed, except a part required to be returned to the manufacturer or distributor under a warranty or exchange arrangement. If a part must be returned to the manufacturer or distributor, the station shall first give the motorist an opportunity to inspect the part.

(e) Except as otherwise provided in this subsection, if a certified mechanic or station elects not to do further work on a vehicle, the mechanic shall remove, at no cost to the motorist, any parts that were installed, and shall refer the motorist to the referee facility. If the mechanic has properly performed the correct repairs, the station may charge the motorist for the repair, refer the vehicle to the referee facility, and agree to comply promptly with the decision and instructions of the referee facility.

(f) If a certified station cannot accurately test a vehicle, the station shall refer the vehicle to another certified station. If a certified station cannot competently repair a vehicle, the station may refer the vehicle to another certified station or to a noncertified repair facility. If the certified station refers a vehicle to a noncertified repair facility for I/M-related repairs, the owner or operator of the certified station must fully inform the motorist of all rights, privileges, and advantages that the motorist might lose if repairs are performed at a noncertified facility.

(g) A certified mechanic or station shall inform each motorist that the vehicle must be registered with DMV within 90 days after a certificate of inspection is issued, and that failure to register the vehicle within 90 days will require the motorist to obtain a new certificate of inspection and to pay for another test. If the motorist requests an I/M test for a vehicle with a registration due date more than 90 days in the future, the mechanic or station shall obtain the motorist's signature on an acknowledgment that the motorist was informed of the 90-day limit. The mechanic or station shall secure authorization as follows:

I acknowledge notice that I must register my vehicle with DMV

within 90 days after a certificate of inspection is issued, or obtain

a new certificate of inspection if I have not registered the vehicle

before the 90 days have passed. I understand that I would have to

pay to have my vehicle inspected again in order to receive the new

certificate. _________ _________ (signature)(date)

(h) A certified mechanic shall inform the motorist that emissions defects that are not caused by tampering might be covered by warranty and that the motorist may take the vehicle to the referee facility for inspection before having repairs performed or to the manufacturer's representative for inspection and repairs.

(i) A motorist may elect to bypass the referee facility under (h) of this section. The motorist may go directly to the warranty repair facility or may pay to have the repairs performed at a repair facility of the motorist's choice. The implementing agency will not be able to offer assistance if the results are not satisfactory. If the repair facility is a certified station, another initial test, at the motorist's expense, is required on the vehicle before the repair.

(j) Each certified station shall document to the implementing agency these motorists who are referred to the referee facility for warranty verification. Documentation must be in the following language, signed by the motorist:

I acknowledge that I have been referred to the referee facility by

[insert name of person who made the referral]. _________ _________ (signature)(date)

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.505 Display of certified station sign

(a) Only a station certified under this chapter may display a sign or shield bearing the inscription "Certified I/M Station, Test and Repair." The sign must conform to the design shown in Figure 1 and must be bordered and lettered in light chrome yellow. The background must be royal blue. The word "CERTIFIED" must be in 21/4 inch high gothic letters at the top of the sign. "I/M" must appear where indicated in Figure 1 in four-inch high gothic letters below the word "CERTIFIED". The word "STATION" must appear where indicated in Figure 1 in 21/4 inch high gothic letters below "I/M". The words "TEST AND REPAIR" must appear on two lines at the bottom of the sign in 11/2 inch high gothic letters. All dimensions of the sign may be increased or decreased in uniform proportion.

Click to view SIGN

(b) A certified station is not required to display the official I/M shield, but the following terms are reserved and may appear only on an official shield:

(1) "certified I/M station";

(2) "certified";

(3) "test and repair";

(4) repealed 6/24/94; and

(5) "testing station".

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130

18 AAC 52.510 Display of certification

A certified station shall prominently display in the customer service area each certification issued under this chapter for that station and for each certified mechanic employed by the station. The certifications must be displayed in a manner that is legible by customers while a work order is being completed.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/2000, Register 152; am 2/18/2006, Register 177

18 AAC 52.515 Inspection charges

(a) A certified station shall post in its customer service area a clearly legible sign that states

(1) the total cost for an I/M test, pass or fail; or

(2) the cost for an I/M test and the cost for a certificate of inspection, if the vehicle passes the inspection, with each cost listed separately.

(b) If different inspection charges are imposed for different vehicles or circumstances, each separate charge must be posted.

(c) In addition to posting inspection charges, the station shall complete and provide each motorist with a cost quotation for the I/M test and issuance of a certificate of inspection. The quotation must be made by an employee of the station and agreed to by the motorist before an I/M test is conducted.

(d) The mechanic or station shall ensure that the motorist is

(1) advised that the

(A) inspection cost covers only the inspection of the vehicle and, if the vehicle

(i) passes the inspection, the certificate of inspection; or

(ii) fails the inspection, the cost of preparing a written repair estimate except as provided in (e) of this section;

(B) cost of any necessary repairs are not included in the inspection cost; and

(2) given a written itemized repair cost estimate, as described in (e) of this section, if the vehicle fails the inspection, and advised that

(A) another facility may perform the repairs;

(B) an additional inspection fee may be charged if the vehicle is taken to another certified facility for repairs; and

(C) there is no charge for an after-repair test if the repairs are performed at the station that performed the initial test.

(e) Unless the implementing agency provides otherwise, after a failed test, the certified station shall give the motorist a written repair estimate for all necessary I/M repair work that separately lists the cost of performing the labor and the cost of providing the parts. A written repair estimate

(1) repealed 1/1/2000;

(2) may be prepared after preparing an initial estimate for the cost of performing a recognized diagnostic procedure if that procedure is needed to determine the exact repair required; for purposes of this paragraph, "recognized diagnostic procedure" means a procedure listed in a current emissions control repair manual approved by an implementing agency under 18 AAC 52.520(b);

(3) may not be an open-ended estimate;

(4) must state the maximum amount to be charged for each repair or procedure;

(5) must be created by the certified station as part of the I/M test, and the cost of the estimate must be included as part of the cost of the test;

(6) may be based upon the cost of original equipment manufacturer (OEM) parts and repair procedures if the estimate is for repair of a vehicle that is covered by a manufacturer's warranty; and

(7) must reflect the least costly repair procedures available that satisfy the requirements of this chapter if the estimate is for repair of a vehicle that is not covered by a manufacturer's warranty; the motorist may specify a repair procedure that costs more than the repair procedure specified in the certified station's estimate, but if the motorist specifies a more costly repair procedure, the cost of the repairs that exceeds the certified station's written repair estimate based on the least costly repair procedure may not be applied to satisfy the repair cost minimum.

(f) No work may be done and no charges may accrue until authorized by the motorist. No charge may be made for work done or parts supplied in excess of the estimate without the motorist's oral or written consent. For an oral consent, a station employee shall enter on the work order or invoice the date, time, name of the person who authorized the additional repairs, telephone number, if any, and a detailed summary of the additional parts, labor, and total additional cost. After completion of repairs, a station employee shall request the motorist to sign a notice and consent form in the following language:

I acknowledge notice and my oral approval of an increase in the

original estimated price. _________ (customer's signature)

(g) The certified station shall include in the written estimate a statement of any specialized automotive repair service that, if required to be done, will be done by another person. The station is responsible for this specialized, subcontracted service in the same manner as if the station or its employees had done it. No service may be done by someone other than the certified station without the motorist's consent. Unless the implementing agency requires otherwise, the station shall obtain the motorist's consent as follows:

I acknowledge notice and approval of the subcontracted

inspection and repairs indicated above. _________ _________ (signature)(date)

(h) If the motorist's consent for a subcontracted repair is oral, a station employee shall make a notation on the work order of the date, time, name of person authorizing the subcontracted repair, telephone number called, if any, a description of each subcontracted repair to be performed, and the cost of parts and labor for each repair. Unless the implementing agency requires otherwise, after the repair work is completed, the station employee shall request the motorist to sign the following statement:

I acknowledge notice and oral approval of the subcontracted

inspection and repairs indicated above. _________ _________ (signature)(date)

(i) If the motorist authorizes subcontracted repairs under (g) or (h) of this section, an employee of the certified station shall deliver the vehicle or part to be repaired to the subcontractor and retrieve the vehicle or part after the repairs are completed. The certified station shall then perform an after-repair I/M test. The owner or operator of the certified station shall pay the subcontractor and the motorist shall pay the certified station for the repair.

(j) A certified station may not charge a fee, and shall give the motorist a work order or invoice marked "no charge," for the following work:

(1) an inspection performed by a certified station after repairs have been performed on a vehicle at that station;

(2) repealed 1/1/2000;

(3) an inspection of a vehicle under an overt performance review;

(4) an aborted test, unless the test was requested by the customer for purposes other than obtaining a certificate of inspection;

(5) an inspection performed when no estimate was provided to the motorist;

(6) a second I/M test after the motorist has been referred to the referee facility or to the dealer on a recall advisory;

(7) repealed 3/27/2002;

(8) an I/M test on a vehicle that fails the test if the station cannot repair that vehicle within a reasonable period;

(9) the repair of defects covered by a warranty unless the repair is requested by the motorist at a facility other than an authorized warranty repair facility;

(10) any emissions-related repair made to the vehicle before the initial I/M test, unless allowed by an implementing agency; and

(11) any emissions-related repair made to a vehicle with a registration that will expire in less than 90 days unless the vehicle has been inspected and a repair estimate has been prepared.

(k) If the cost quotation issued under this section includes a free or reduced-charge I/M test with the purchase of some other service, the certified station shall provide the motorist with a complete I/M test before providing or charging for the other service. If the vehicle fails, the station shall perform a complete I/M test and provide the motorist with all other required documents before providing or charging for the originally advertised additional service.

(l) Repealed 1/1/2000.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

18 AAC 52.520 Required tools and equipment

(a) A certified station shall have available for use by its employees, the tools and test equipment necessary to conduct vehicle I/M tests, including at least one EIS certified under 18 AAC 52.420. If a vehicle manufacturer specifies that special tools or testing equipment must be used to perform certain repairs on certain vehicles, the station shall have that equipment, or its equivalent, available when those repairs are performed on those vehicles. The requirements of this subsection do not preclude specialty subcontracted repairs with the customer's consent.

(b) The owner or operator of a certified station shall keep on the premises a current copy of this chapter, the I/M program manual, updates to the manual and all other documents required by the implementing agency, and shall make those documents available to the certified mechanics employed by the station. The owner or operator shall maintain a library of current emissions control repair manuals approved by the implementing agency (such as Motor Emission Control Manuals, Chilton Emission Control Manuals, Mitchell Emission Control Manuals, Mitchell Engine Performance Manuals, Mitchell Light Truck and Van Service Manuals, and Mitchell Passenger Car Service Manual (for 1989 only), or a computerized version of these manuals) for use with each imported and domestic passenger car or light-duty truck included in the I/M program.

(c) In addition to the requirements of (a) and (b) of this section, the owner or operator of a certified station shall have on site all tools and equipment necessary for emissions-related I/M tests and repairs, including, at a minimum, the equipment listed in this subsection for use by certified mechanics for each vehicle make and model that the station repairs. The owner or operator shall keep the equipment operational and well-maintained. The meters, gauges, and other equipment may be furnished either as separate items or as components of a complete system such as an engine analyzer. Equipment requirements include wrenches, socket sets, screwdrivers, thickness gauges, pliers, other tools necessary to perform tuneup-related repairs, and

(1) specifications for each EIS and other test equipment adopted by the implementing agency under 18 AAC 52.035(c)(3);

(2) a high impedance digital ohmmeter;

(3) a hand-held voltmeter;

(4) an engine tachometer;

(5) a hand-operated vacuum pump with pressure gauge;

(6) an ignition timing light;

(7) an engine compression test gauge;

(8) scan tools, supplemental analyzer provisions, or detailed reference materials sufficient to allow the extraction and interpretation of diagnostic trouble codes from any vehicle equipped with an exhaust oxygen sensor and malfunction indicator light;

(9) repealed 1/1/97;

(10) a current quick-reference emissions control systems applications guide, located on or near the EIS;

(11) a dual probe attachment for the EIS;

(12) a choke checker or equivalent instrument that produces sufficient heat and cold to satisfactorily check the operation of bulb-type intake air heaters;

(13) a propane enrichment carburetor adjustment kit;

(14) calibration gases approved under Part I, Section 6 of the program manual;

(15) a separate, dedicated telephone line connected to each EIS;

(16) a separate, dedicated supply of shop air for use at the EIS;

(17) any other special tools or equipment mandated or recommended for use by each vehicle manufacturer for each vehicle the station repairs; and

(18) in each facility, one dial-up Internet account that is

(A) established with the telecommunications utility under contract with the state to provide telecommunication services to the state; and

(B) dedicated for remote access communications between the department and the

(i) EIS;

(ii) division of motor vehicles in the Department of Administration; and

(iii) implementing agency.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161; am 2/18/2006, Register 177

18 AAC 52.525 Remote station operation

The implementing agency may not certify a mobile I/M test station under this chapter, but may permit I/M tests to be performed at locations not normally used as I/M stations. The implementing agency may issue a remote I/M station certification to an I/M station seeking remote operation capability. A remote station shall be certified if

(1) the station provides only I/M tests, with no repairs performed at the remote site;

(2) the operator currently operates a certified station at a permanent location;

(3) written notice is provided to the implementing agency at least two working days before any I/M tests are performed at the remote location; notice under this paragraph must include the date, beginning and ending times of operation, location of the remote operation, the mechanic's name and certification number, and the serial number of the EIS;

(4) the facility where remote operations are to be performed meets the applicable requirements of 18 AAC 52.500 and is open for inspection by the implementing agency when I/M tests are being performed;

(5) certificates are displayed as required in 18 AAC 52.510 and kept separate from those issued to any other station;

(6) all records and files are maintained at the permanent station designated in the application;

(7) field inspectors are granted access to perform overt and covert performance reviews at the remote station, including a review of work orders, VIR records, repair estimates, other I/M documentation, and an inventory of all certificates of inspection issued at the station; if an employee is not available to provide access, the station shall provide the records as soon as the activity that the employee is engaged in is completed, or within one hour, whichever occurs first;

(8) the manufacturer of the EIS has reviewed the proposed operations and has certified to the implementing agency that the system will perform within design specifications for that system under the type of operation proposed at the remote station, including provisions for overnight storage, minimizing temperature fluctuations between storage and operating environments, transportation procedures, and electrical supply;

(9) the manufacturer continues to warrant the EIS; and

(10) the I/M station meets applicable requirements of this chapter whenever I/M tests are performed by a certified mechanic at the remote station, including the requirements regarding a dedicated phone line for the EIS, certified mechanics, tools, equipment, and reference materials.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.527 Prescreening prohibited

Prescreening is prohibited.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 6/24/94, Register 130; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.530 Preliminary inspection

(a) Unless provided otherwise in this section, and after a motorist accepts a certified station's cost quotation, the station shall inspect all vehicles subject to inspection under this chapter.

(b) A certified station shall first determine whether a vehicle is subject to this chapter. The owner or operator of the certified station, or a certified mechanic employed by the station, shall inform the motorist that an inspection is not required for a vehicle

(1) that is exempt under 18 AAC 52.005(f);

(2) with a registration renewal date more than 90 days in the future; and

(3) repealed 1/1/98;

(4) with a registration renewal due the next year, unless the renewal date is 90 days or less in the future.

(c) Unless the implementing agency provides otherwise, the owner or operator of the station, or a certified mechanic employed by the station, shall refer the following vehicles to the referee facility or the implementing agency for an I/M test, or to verify qualification for a waiver under 18 AAC 52.060:

(1) a diesel-fueled vehicle;

(2) a grey market vehicle;

(3) a vehicle designed or modified to run on an alternate fuel; the referee facility or a certified station that has been approved by the department to test dual-fuel vehicles will inspect a dual-fuel vehicle in this category to ensure that all required equipment is present and operable; the referee facility or a certified station that has been approved by the department to test dual-fuel vehicles will perform one I/M test on the vehicle in the gasoline mode and one I/M test while the vehicle is in the alternate-fuel mode to ensure that tailpipe emission levels that are measured by both tests meet the standards in 18 AAC 52.050; a vehicle using an oxygenated fuel blend approved for use under 18 AAC 53 may be tested at any certified station;

(4) a vehicle equipped with an engine other than the engine originally installed in the vehicle, except that

(A) a vehicle with a label affixed to it by the referee facility may be I/M-tested to the specifications stipulated on the label;

(B) an engine of the same size remanufactured for the correct application is not considered a different engine for purposes of this paragraph, and a vehicle containing such an engine may be I/M-tested; and

(5) a vehicle with its odometer reading obscured or unreadable for any reason, unless the motorist authorizes its repair;

(6) a used vehicle that was purchased from a person engaged in the business of selling used vehicles and that requires a transfer of ownership under AS 45.45.400(a); for a vehicle described in this paragraph, the certified mechanic or station shall refer the motorist to the dealer who sold the vehicle; and

(7) a vehicle that causes the EIS to abort the I/M test due to an incompatibility between the vehicle and the EIS.

(d) After determining that a vehicle is subject to an I/M test, a certified mechanic or station shall conduct, at no charge to the motorist, a preliminary safety inspection before testing. With the implementing agency's approval, the preliminary inspection may be included as part of the I/M test. The mechanic or station shall reject for testing, or abort the test on, any vehicle found to be unsafe. The following are examples of situations that could preclude proper completion of an inspection or test:

(1) major oil system leak;

(2) major transmission leak;

(3) major coolant system leak;

(4) fuel system leak;

(5) excessive exhaust system leak;

(6) unable to hold steady engine RPM;

(7) unusual engine noises;

(8) engine warning light on; and

(9) repealed 1/1/98;

(10) any other safety problem on the vehicle that makes the vehicle unsafe for testing.

(e) After a certified mechanic determines that a vehicle needs an I/M test and that any defect listed in (d) of this section has been repaired as required by 18 AAC 52.060, the certified mechanic shall perform a complete I/M test

(1) as required by this chapter; or

(2) if requested by the motorist.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/4/95, Register 133; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152

18 AAC 52.535 Test abort conditions

18 AAC 52.535 took effect 2/1/94 as an emergency regulation. Due to technical corrections made by the regulations attorney in reviewing the "permanent" regulation for filing, the permanent regulation as it was published in Register 130, July 1994, differed from the emergency regulation even though the section's history note did not reflect an amendment to that section.

(a) If a vehicle becomes untestable during an I/M test, the certified mechanic may abort the I/M test. The EIS must allow the operator to abort during the data entry or the I/M test. The EIS must request the reason for aborting the I/M test and print a vehicle inspection report (VIR) that the mechanic shall give to the motorist.

(b) The station may not charge the motorist for an aborted test unless the customer requests the test for purposes other than obtaining a certificate of inspection.

(c) If the condition that caused an I/M test to abort is due to the incompatibility of a vehicle and the EIS, the mechanic shall refer the motorist to the referee facility.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161

18 AAC 52.540 Official I/M testing

(a) A certified mechanic shall perform official I/M testing as required in Part IV of the program manual. Before providing the motorist with an itemized estimate of repairs, the certified mechanic shall confirm that all parts are available for each repair, subject to the repair cost minimum. A certified mechanic may not begin a repair until all parts for that repair are available at the station. If parts are unavailable for one or more repairs, the certified mechanic shall provide the documentation listed in 18 AAC 52.070(e)(17).

(b) The certified station shall issue to the motorist a VIR for each vehicle inspected at that station that indicates whether the vehicle passed or failed its I/M test.

(1) calibrate and maintain each EIS and test equipment in accordance with the calibration and quality control procedures adopted by reference in 18 AAC 52.035(c)(1);

(2) measure the concentration of hydrocarbons, carbon monoxide, carbon dioxide, and oxygen at the tailpipe of a warmed-up vehicle at curb idle and at 2,500 rpm in accordance with test procedures adopted by reference in 18 AAC 52.035(c)(2) or, for non-exempt 1996 and newer model year vehicles, perform the OBDII portion of the I/M test;

(3) use an EIS that has been certified by the department under 18 AAC 52.420 and install and maintain a separate, dedicated telephone line for each EIS as required in the program manual;

(4) compare measured emissions of carbon monoxide and hydrocarbons to the emissions standards in 18 AAC 52.050 or the alternative standards established under 18 AAC 52.055 or, for 1996 and newer model year vehicles not exempted under 18 AAC 52.050(a)(1), perform the OBDII portion of the I/M test;

(5) perform visual inspection and functional tests on 1975 through 1995 model year vehicles and, as required by the implementing agency, on model year 1996 and newer vehicles for the presence and proper operation of the following emissions-related parts:

(A) positive crankcase ventilation (PCV) valve;

(B) air injection system;

(D) catalytic converter;

(E) emissions control system warning lights;

(F) oxygen sensor;

(G) major vacuum leaks;

(H) manifolds and ignition;

(I) intake air heater;

(J) carburetor or fuel injection system;

(K) early fuel evaporation (EFE) system;

(L) exhaust gas recirculation (EGR) system; and

(M) fuel evaporative control system;

(6) test exhaust emissions at curb idle and 2500 rpm of all vehicles subject to the I/M program, as determined by the implementing agency under 18 AAC 52.035(b); and

(7) test the on-board diagnostic system on those vehicles subject to OBDII testing as provided in Part I of the program manual.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 3/27/2002, Register 161

18 AAC 52.545 Parts on order

(a) If, as part of an I/M test performed under 18 AAC 52.540(a), a certified mechanic determines that necessary repairs cannot be made before a vehicle's registration expires, the mechanic or station personnel shall complete an I/M estimate and determine parts availability. If the required parts are available locally, and the certified mechanic can complete the repairs in less than two weeks, the motorist shall have the vehicle repaired and tested before it is certified regardless of the date when the vehicle's registration expires.

(b) If the certified station cannot complete the necessary repairs because required parts must be ordered, the certified station shall provide the motorist with the documentation that the implementing agency requires the motorist to submit to the implementing agency or the referee facility along with the vehicle and the vehicle registration. The implementing agency may require the station to provide the documentation listed in 18 AAC 52.070(e)(16).

(c) If the certified station where the failing I/M test was performed cannot complete the necessary repairs because the required parts must be ordered, the implementing agency or referee facility may issue the motorist a temporary permit allowing the vehicle to be driven while parts are procured. The cost of parts and labor to repair the vehicle must be paid before a temporary permit may be issued under this subsection. A temporary permit may not be issued to a vehicle that is registered with a seasonal-use waiver between November 1 and March 31. A temporary permit issued under this subsection is valid for 30 days.

(d) The certified station shall advise the motorist to keep the information listed in (c) of this section with the vehicle registration and to take the information along with the vehicle to the referee facility for a temporary permit. The referee facility or the implementing agency will monitor the temporary permit until the required parts are available and the required repairs are complete.

(e) A certified station may not perform a partial repair of an emission control system and may begin a repair only when all required parts for that repair are available at the station.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/98, Register 144

18 AAC 52.546 Unavailable parts

(a) If, as part of an I/M test performed under 18 AAC 52.540(a), a certified mechanic determines under 18 AAC 52.540(a) that parts are unavailable for one or more repairs, has completed any repair for which all parts are available, and cannot make further repairs to meet the repair cost minimum, the mechanic shall

(1) refer the motorist to the referee station for an unavailable parts waiver under 18 AAC 52.060(a)(8); and

(2) provide the motorist with the documentation listed in 18 AAC 52.070(e)(17).

(b) A referee facility may approve a waiver under this section and issue a certificate of inspection for a vehicle that cannot be repaired because of unavailability of parts after ensuring that the proof submitted under 18 AAC 52.070(e)(17) is adequate and after inspecting the vehicle to verify the need for each repair.

History

Authority: AS 46.03.020; AS 46.14.030; AS 46.14.510
Eff. 1/1/98, Register 144

18 AAC 52.550 Recordkeeping requirements

The owner or operator of a certified station shall

(1) maintain at the station legible copies of all work orders, repair estimates, vehicle inspection reports, invoices used to document repairs and inspections, and any other document related to the I/M program;

(2) ensure that records are kept for at least two years after the date of the repair or inspection unless collected by the implementing agency;

(3) make the records available for inspection by the implementing agency or another law enforcement official; and

(4) keep and maintain the records so that they are immediately accessible by using information recorded on the VIR prepared for each vehicle.

History

Authority: AS 46.03.020(10)AS 46.14.030; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130

Article 9 General Provisions

18 AAC 52.990 Definitions

In this chapter, unless the context requires otherwise

(1) "aftermarket part" means a part that is not manufactured by the original equipment manufacturer;

(2) "after-repair test" or ""A' test" means an I/M test performed after an I/M repair;

(3) "alternate fuel" means a fuel other than gasoline or diesel fuel used to power a motor vehicle; "alternate fuel" does not include an oxygenated fuel approved for use under 18 AAC 53;

(4) "BAR" means California Bureau of Automotive Repair;

(5) "CARB" means the California Air Resources Board;

(6) "centralized inspection program" means an I/M program under which an I/M test is conducted at a centralized test-only inspection facility operated by the implementing agency or its contractor; only inspections, not repairs, of motor vehicles are permitted at a test-only inspection facility;

(7) "certificate of inspection" and "certificate" mean the windshield sticker described in 18 AAC 52.020(d);

(8) "certified mechanic" means a mechanic certified under this chapter for the performance of I/M tests and other inspections and repairs subject to this chapter;

(9) "certified mechanic or station" means a certified mechanic or a certified station, as applicable;

(10) "certified station" means a facility certified under this chapter for the performance of I/M tests and other inspections and repairs subject to this chapter;

(11) "commute" means to travel between a motorist's residence and an I/M area, a nonattainment area, or a maintenance area for purposes of work or school;

(12) "compliance rate" means the number of vehicles that obtain certificates under an I/M program during one year, divided by the estimated number of vehicles that should have been inspected during that year;

(13) "covert performance review" means an investigation conducted by the department, the department's contractor, an implementing agency, or an implementing agency's contractor to evaluate the performance of a certified mechanic or station without the knowledge of the mechanic or station;

(14) "curb idle" means the manufacturer's suggested engine operating speed in revolutions per minute when the vehicle transmission is placed in either the neutral or park position and the engine has reached its normal operating temperature;

(15) "custom-manufactured vehicle" means a vehicle that has not been certified by the EPA as meeting federal motor vehicle emissions standards or by the CARB as meeting California motor vehicle emissions standards;

(16) "decentralized inspection program" means an I/M program under which a certified mechanic conducts emissions testing at a privately owned and operated certified station;

(17) "department" means the Alaska Department of Environmental Conservation;

(18) "documented vehicle" means a vehicle for which a referee facility has verified the state of the emissions control system repair and which is taken by the department, the department's contractor, an implementing agency, or an implementing agency's contractor to a certified mechanic or station for an overt or covert performance review of the mechanic or station;

(19) repealed 3/27/2002;

(20) "dual-fuel vehicle" means a vehicle that is capable of operating on gasoline as well as on propane or some other fuel;

(21) "economic hardship" means a finding under this chapter that a person does not have sufficient assets, credit, or other means to pay for an emissions-related repair required by this chapter;

(22) "EIS" or "emissions inspection system" means the system, including exhaust gas sampling, and analysis equipment and computer control for that equipment, used at a certified station to measure and record vehicle exhaust emissions;

(23) "emissions control system" means any element of either a motor vehicle's air pollution control system or another mechanism of a motor vehicle that affects the vehicle's release of air pollutants into the atmosphere;

(24) "emissions-related adjustments" means idle mixture setting, curb idle speed setting, fast idle speed setting, ignition dwell angle (if applicable), spark advance setting, choke setting, and any other motor vehicle adjustment that affects a motor vehicle's release of air pollutants into the atmosphere;

(25) "emissions-related part" means a motor vehicle part that affects the vehicle's release of air pollutants into the atmosphere, including

(A) fuel metering system components, such as the carburetor or fuel injection system and internal parts, air/fuel ratio feedback and control system including exhaust oxygen sensor, and cold start air/fuel ratio enrichment system;

(B) air induction system components, such as the controlled hot air intake system, intake manifold, heat riser valve and assembly, and turbocharger systems;

(C) ignition system components, such as the distributor and internal parts, spark advance or retard system, spark plugs, ignition coil or control module, and ignition wires;

(D) evaporative control system components, such as the vapor storage canister, vapor-liquid separator, fuel tank and filler cap, positive crankcase ventilation (PCV) system, PCV valve, and oil filler cap;

(E) exhaust gas recirculation (EGR) system components, such as the EGR valve body and carburetor spacer, and EGR rate feedback and control system;

(F) air injection system components, such as the air pump or air aspirator, valves affecting distribution of air flow, and air distribution manifold;

(G) catalyst or thermal reactor system components, such as catalytic converters, thermal reactors, exhaust manifold, and exhaust port liners or double walled exhaust pipe;

(H) basic engine parts, such as the camshaft, pistons, and cylinder heads; and

(I) miscellaneous items used in the systems listed in (A) - (H) of this paragraph, such as

(i) hoses, clamps, fittings, and tubing;

(ii) sealing gaskets or devices;

(iii) mounting hardware, pulleys, belts, idlers, and electronic controls; and

(iv) vacuum, temperature, and time-sensitive valves and switches;

(26) "emissions-related repair" means a motor vehicle repair that affects a vehicle's emissions and that is made to correct or prevent an automotive exhaust emissions problem;

(27) "EPA" means the United States Environmental Protection Agency;

(28) "failure rate" means the rate determined by comparing the annual number of vehicles that fail an initial I/M test performed under this chapter with the annual number of initial inspections;

(29) "fleet operator" means the owner of 10 or more vehicles that are subject to this chapter;

(30) "FTP" or "federal test procedure" means the emissions testing procedure used by the EPA to certify new motor vehicles as meeting applicable federal emissions standards;

(31) "grey market vehicle" means a vehicle manufactured for use outside of, and imported into, the United States;

(32) "GVWR" means gross vehicle weight rating;

(33) "I/M" means inspection and maintenance;

(34) "I/M area" means

(A) an area in the state listed in 18 AAC 52.005(g); and

(B) an emissions inspection and maintenance area when ownership of a vehicle is transferred under AS 28.10.271(d);

(35) "I/M office" means the office within the department that is responsible for the administration and enforcement of all aspects of the I/M program;

(36) "I/M program" means a motor vehicle emissions inspection and maintenance program approved or administered by the department under this chapter, the purposes of which are to determine whether a motor vehicle emissions control system has been properly maintained and to otherwise carry out the requirements of this chapter;

(37) "I/M repair" means maintenance of and repair to a motor vehicle performed to meet the requirements of this chapter;

(38) "I/M test" means a vehicle emissions inspection, performed at a certified station, which includes a visual and functional inspection of the emissions control system and the measurement of tailpipe emissions concentrations or evaluating a vehicle's OBDII system;

(39) "implementing agency" means either the department or a municipality that implements an I/M program;

(40) "initial inspection" or ""I' test" means the first I/M test performed on a vehicle at a certified station in each inspection cycle;

(41) "inspection cycle" means the two-year period between I/M tests;

(42) "kit car" or "vehicle assembled by a private party" means a vehicle assembled from a kit for the personal use of the motorist who assembles it and that has not been certified by the EPA as meeting federal motor vehicle emissions standards or by the CARB as meeting California motor vehicle emissions standards;

(43) "lessee" means a person who enters into either a lease or a lease-purchase agreement for a motor vehicle;

(44) "loaded mode" means a type of emissions test procedure in which a chassis dynamometer subjects a vehicle's engine to an increased load simulating the vehicle's performance under actual operating conditions;

(45) "local I/M administrator" means the person in charge of an implementing agency;

(46) "maintenance area" means an area that has been redesignated by the EPA from a designation of "nonattainment" to a designation of "attainment" and that is subject to a maintenance plan submitted as required by 42 U.S.C. 7505a(a) (commonly referred to as sec. 175A(a), Clean Air Act), as amended through November 26, 1996;

(47) "model year" means the year identified in the vehicle identification number (VIN) located near the windshield on the driver's side of the instrument panel; for 1975 - 1980, the sixth digit of the vehicle identification number indicates the model year of the vehicle; for 1981 - 2009, the 10th digit of the vehicle identification number indicates the model year; the model year code from the vehicle identification number is as follows:

(A) 1979: "9";

(B) 1980 - 2000: "A", with each subsequent year assigned the next letter of the alphabet, and excluding the letters "I," "O," "Q," "U," and "Z";

(48) "motorist" means

(A) the owner or lessee of a motor vehicle that is registered in this state or that is required to be registered in this state;

(B) a department, agency, or instrumentality of the federal government; or

(C) the owner or lessee of a vehicle registered in another state who is described in 18 AAC 52.005(d) and whose vehicle is not required to be registered in this state under AS 28.10.011;

(49) "motor vehicle" or "vehicle" has the meaning given "motor vehicle" in AS 28.90.990;

(50) "motor vehicle dealer" has the meaning given in AS 08.66.350;

(51) "nonattainment area" means an area that does not meet the national ambient air quality standard for carbon monoxide;

(52) "nonconforming vehicle" means a vehicle, including a kit car, that was not certified by the EPA as conforming to applicable federal motor vehicle emissions standards or by the CARB as meeting California motor vehicle emissions standards;

(53) "OBDII" means the on-board diagnostics system (phase II) required under 40 C.F.R. 51.352 to be inspected in 1996 and newer model year light-duty vehicles and light-duty trucks;

(54) "overt performance review" means an investigation conducted by the department, the department's contractor, an implementing agency, or an implementing agency's contractor to evaluate the performance of a certified mechanic or station during which the mechanic or the station owner is told about the investigation;

(55) "pattern failure" means a failure of an I/M test by a class of vehicles that is due to certain design characteristics that cause repeated failures of the I/M test and is recognized by the EPA;

(56) "prescreening" means to visually or otherwise inspect a vehicle before an I/M test without recording the results of the inspection or submitting those results to the implementing agency;

(57) "principally located or operated" means to use, locate, or operate a vehicle, including a leased vehicle, regardless of the place where the vehicle is registered, within an I/M area for more than 30 days during an inspection cycle;

(58) "program administrator" means the person in charge of the department's I/M office;

(59) "program manual" means the department publication entitled Alaska I/M Program Manual, adopted by reference in 18 AAC 52.005;

(60) "repair cost minimum" means the minimum required expenditure to complete necessary emissions-related repairs to a motor vehicle as required by 18 AAC 52.065 for each inspection cycle;

(61) "repair necessary to correct safety problems" means a repair

(A) that is required to correct a safety-related defect, such as a fuel system leak, and that, until completed, prevents a vehicle from being safely inspected; or

(B) that, under 18 AAC 52.530(d), requires rejection of a vehicle for testing;

(62) "residential address" means,

(A) for a noncommercial vehicle that is owned or leased by a motorist, the address, legal description, or physical description of the motorist's principal place of residence; for purposes of this subparagraph,

(i) "principal place of residence" means the place where the motorist is registered to vote, usually resides, resides the majority of the time, or returns to after periods of temporary absence;

(ii) if the vehicle is jointly owned or leased by motorists or persons having different residential addresses or different principal places of residence, the residential address to be applied to the vehicle is that one residential address that best identifies where the vehicle is principally located or operated; or

(B) for a commercial vehicle that is owned or leased by a motorist in conjunction with a business, the address where the business to which the vehicle is registered is principally located or operated;

(63) "resides in an I/M area" means has a residential address in an I/M area;

(64) "steady-state" means a type of loaded mode emissions test cycle in which the vehicle engine is subjected to a constant dynamometer load;

(65) "stoichiometric" means, as applied to a motor vehicle, the air-to-fuel ratio in a vehicle that is necessary to achieve complete fuel combustion; in a motor vehicle, if calculated by the weight of air and fuel, the air-to-fuel ratio should be approximately 14.7:1 (that is, 14.7 pounds of air to one pound of fuel for gasoline that contains neither alcohol nor oxygenate);

(66) "tampering" means

(A) using leaded gasoline in a vehicle originally equipped with a catalytic converter;

(B) failing to maintain a vehicle's emissions control system or emissions-related part according to the manufacturer's specifications, including the failure to maintain a part, the malfunction of which causes an emissions-related part to fail; or

(C) removing, bypassing, defeating, disconnecting, rendering inoperative, or modifying any emissions control system or emissions-related part

(i) repealed 2/18/2006;

(ii) if the removal, disconnection, or modification of the system or part has not been specifically authorized by either a manufacturer's service bulletin, the program administrator, the local I/M administrator, the EPA, or the CARB; or

(iii) that causes the vehicle to differ from its EPA-certified configuration;

(67) "transient loaded mode" means a type of loaded mode emissions test cycle in which a vehicle engine is subjected to a varying dynamometer load;

(68) "unauthorized or illegal modification" means

(A) tampering;

(B) the use of an aftermarket emissions-related part that is not functionally identical to the original equipment part being replaced; or

(C) the use of any added part or system unless that part or system has been specifically approved for use by the EPA, the CARB, the program administrator, or the local I/M administrator;

(69) "vehicle type" means the class or category of vehicle, based on gross vehicle weight, or type of fuel used;

(70) "VIR" or "vehicle inspection report" means the computer-generated results of an I/M test that is given to each motorist whose vehicle is tested under this chapter;

(71) "waiver" means a conditional exemption to one or more of the requirements of this chapter;

(72) "waiver rate" means the rate determined by comparing the annual number of vehicles that received repair cost minimum waivers with the annual number of vehicles that failed an initial I/M test;

(73) "windshield sticker" or "sticker" means the certificate of inspection that is affixed to a vehicle's windshield by the certified mechanic upon passage of the I/M test or the visual identification of a program waiver, new vehicle, or exemption from the requirements of this chapter;

(74) "light-duty" means a vehicle with a gross vehicle weight of 8,500 pounds or less;

(75) "MIL" means a malfunction indicator lamp located on the instrument panel of a vehicle that illuminates if a diagnostic trouble code (DTC) in the memory of an OBDII system is set as a result of an emission related component or monitor failure;

(76) "certificate holder" means a clear plastic device

(A) for the purpose of displaying a seasonal waiver issued under 18 AAC 52.060 through the windshield of a show, classic, or collector vehicle; and

(B) that is issued and certified by the implementing agency and identified with a serial number;

(77) "show, classic, or collector vehicle" means a vehicle that

(A) has been issued a seasonal waiver under 18 AAC 52.060;

(B) is not driven more than 2,500 miles per calendar year;

(D) because of limited production or exceptionally fine workmanship is a rarity or of historic interest; and

(E) has been restored, maintained, or preserved;

(78) "new vehicle" means a vehicle

(A) that is a model year 2006 or newer; and

(B) with a model year number that is no lower than the number of the current calendar year minus six.

History

Authority: AS 46.03.010; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 2/1/94, Register 129; am 6/24/94, Register 130; am 1/1/97, Register 140; am 1/1/98, Register 144; am 1/1/2000, Register 152; am 12/30/2000, Register 156; am 3/27/2002, Register 161; am 2/18/2006, Register 177; am 11/4/2009, Register 192

Chapter 53 Fuel Requirements for Motor Vehicles

Article 1 Oxygenated Gasoline Requirements

18 AAC 53.005 Purpose and applicability; general requirements

(a) In this chapter, the terms "gasoline," "oxygenated gasoline," and "nonoxygenated gasoline" all relate to fuel that is commonly sold for use in a motor vehicle. Words and phrases used in this chapter are defined in 18 AAC 53.990.

(b) The purpose of this chapter is to reduce carbon monoxide air pollution from gasoline-powered motor vehicles operating in a control area during a control period established under 18 AAC 53.010.

(1) a person who refines, imports, distributes, transports, carries, blends, supplies, sells, resells, offers for sale, transfers, dispenses, or otherwise markets gasoline, including a CAR or Blender CAR (referred to in this chapter as CAR); and

(2) a wholesale purchaser-consumer.

(d) A person described in (c) of this section

(1) may sell, offer for sale, or dispense to an ultimate consumer only oxygenated gasoline in a control area during a control period;

(2) shall ensure that oxygenated gasoline meets the requirements of 18 AAC 53.020; to comply with this paragraph,

(A) a person who dispenses gasoline downstream of a CAR, including a wholesale purchaser-consumer, shall ensure, before dispensing gasoline to an ultimate consumer, that the oxygen content specified on the product transfer document meets the requirements of 18 AAC 53.020 for the current control period; and

(B) a person other than a person subject to (A) of this paragraph, shall meet all requirements of this chapter necessary to determine the oxygen content of the gasoline, including testing under 18 AAC 53.030;

(3) shall ensure that nonoxygenated gasoline that is refined, imported, distributed, sold, or offered for sale for use in a control area during a control period is sold or distributed only to a CAR;

(4) may not misrepresent the oxygen content of gasoline in any way, including in a product transfer document required under 18 AAC 53.105;

(5) if the person is subject to 18 AAC 53.160, shall ensure that the information in a product transfer document is consistent with testing results under 18 AAC 53.160; and

(6) shall meet all other applicable requirements of this chapter, including the labeling requirements of 18 AAC 53.007 for dispensers used to dispense oxygenated gasoline.

(e) Nothing in this chapter prohibits a person from

(1) using, refining, distributing, blending, supplying, selling, offering for sale, dispensing, or otherwise marketing oxygenated gasoline

(A) at any time that is not a control period; or

(B) in any area that is not a control area; or

(2) storing or causing the storage in a control area during a control period of gasoline that does not meet the oxygen content required by 18 AAC 53.020, if that gasoline is

(A) segregated from oxygenated gasoline;

(B) not dispensed in a control area during a control period; and

(C) kept in a sealed storage tank or protected, by a lock or other means, from being sold or dispensed in a manner not in conformance with this chapter.

History

Authority: AS 44.46.020; AS 46.14.020; AS 46.14.510 AS 46.03.020; AS 46.14.030
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.007 Dispenser labeling

(a) The requirements of this section are mandatory in a control area. The department strongly recommends compliance with this section in all areas of the state. Notwithstanding the provisions of this section that require the labeling to reflect a minimum oxygen content of 2.0 percent by weight, a person may not dispense gasoline in a control area during a control period unless that gasoline meets the requirements of 18 AAC 53.020 for the current control period.

(b) The owner or operator of a dispenser that dispenses oxygenated gasoline shall place on the dispenser a label as described in this subsection, an example of which is shown in Figure 1 of this subsection. The label must remain on the dispenser until oxygenated gasoline is no longer dispensed from it and must

(1) identify the type of oxygenate in the gasoline; the following abbreviations may be used on the dispenser label to identify the type of oxygenate in the gasoline:

(A) "MTBE" for methyl tertiary butyl ether;

(B) "ETBE" for ethyl tertiary butyl ether; and

(2) state the gasoline's maximum oxygenate content by volume;

(3) state that the gasoline has an oxygen content of not less than 2.0 percent by weight;

(4) include the statement: "The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles";

(5) use legible lettering in block style of at least 20 point bold type;

(6) use lettering that is of a color that contrasts with the color of the label background and use a background color that contrasts with the color of the dispenser; and

(7) be placed on the upper two-thirds of the dispenser, in a position that will be conspicuous to the consumer.

Figure 1. Example of label required by this subsection

(not shown in the required 20 point block print)

THE GASOLINE DISPENSED FROM THIS PUMP IS OXYGENATED AND WILL REDUCE CARBON MONOXIDE POLLUTION FROM MOTOR VEHICLES. THE GASOLINE IS OXYGENATED WITH ETHANOL AND CONTAINS NO MORE THAN 10 PERCENT ETHANOL BY VOLUME. ITS OXYGEN CONTENT IS NOT LESS THAN 2.0 PERCENT BY WEIGHT.

(c) Unless the oxygenate in the gasoline is MTBE or ETBE, the owner or operator shall place on the dispenser a second label, an example of which is shown in Figure 2 of this subsection. The label must remain on the dispenser until oxygenated gasoline is no longer dispensed from it and must

(1) meet the requirements of (b)(5), (6), and (7) of this section;

(2) be placed immediately adjacent to the label required by (b) of this section; and

(3) read: "Warning: The Federal Aviation Administration prohibits the use of this fuel in aircraft."

Figure 2. Example of label required by this subsection

(not shown in the required 20 point block print)

WARNING: THE FEDERAL AVIATION ADMINISTRATION PROHIBITS THE USE OF THIS FUEL IN AIRCRAFT

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 10/31/97, Register 144

18 AAC 53.010 Control periods and control areas

(a) For the purposes of this chapter, the department will establish or reestablish a control period for one or more of the control areas described in (d) of this section. Not less than 180 days before the control period begins or is reestablished, the department will

(1) publish notice in a newspaper serving each control area that will be subject to the control period; and

(2) send the notice to each CAR registered under 18 AAC 53.070 for the previous control period.

(b) If the department establishes or reestablishes a control period under (a) of this section, that control period begins

(1) on or after November 1 in the first year, and ends on the following March 1; and

(2) on November 1 in each subsequent year, and ends on the following March 1 unless the department suspends the control period under 18 AAC 53.190.

(c) Upon suspending a control period under 18 AAC 53.190 for a control area. the department will send notice of the suspension to

(1) the local air pollution control program office in the control area; and

(2) each CAR registered under 18 AAC 53.070 for the previous control period.

(d) For the purposes of this chapter, the following are control areas:

(1) Municipality of Anchorage;

(2) Fairbanks North Star Borough, including the City of Fairbanks.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 9/8/93, Register 128; am 10/31/97, Register 144; am 2/20/2004, Register 169

18 AAC 53.015 Expansion of control area

Repealed.

History

Eff. 4/23/94, Register 130; am 10/31/97, Register 144; repealed 9/4/98, Register 147

18 AAC 53.020 Required oxygen content

(a) Except as provided in (b) of this section, for the period beginning five days before the first day of a control period and ending on the last day of that control period, all gasoline sold, offered for sale, or distributed by a CAR for use in a control area during a control period must be oxygenated so that each blend of gasoline has an oxygen content of

(1) not less than 2.7 percent by weight if the CAR is using the per-gallon method of compliance under 18 AAC 53.035; or

(2) not less than 2.0 percent by weight if the CAR is using the averaging method of compliance under 18 AAC 53.040.

(b) The provisions of (a) of this section do not preclude the sale or distribution of gasoline that does not meet the requirements of (a) of this section if that gasoline is sold or distributed to another CAR.

(c) The actual oxygen content of a gallon of oxygenated gasoline must be determined in accordance with the calculations set out in 18 AAC 53.030.

(d) A person who intends to offer for sale, sell, or dispense gasoline downstream of a CAR in a control area during a control period may sell or dispense only gasoline that contains not less than 2.7 percent oxygen by weight unless the department has published notice that one or more CARs will use the averaging method of compliance under 18 AAC 53.040. If the department issues a notice under this subsection, the notice will

(1) be published at least 10 days before the control period begins; and

(2) state that

(A) gasoline offered for sale, sold, or dispensed downstream of a CAR in that control area during that control period must contain not less than 2.0 percent oxygen by weight; and

(B) the minimum of 2.0 percent oxygen by weight applies only during the current control period unless the department publishes notice under this subsection in a subsequent control period.

(e) For each gallon of gasoline produced or imported for sale or distribution in or from a control area during a control period, a refiner or importer shall document the

(1) oxygen content, using a method described in 18 AAC 53.030;

(2) oxygenate type; and

(3) oxygenate content by volume.

History

Authority: AS 46.03.010; AS 46.14.020; AS 46.14.510 AS 46.03.020; AS 46.14.030
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.030 Sampling, testing, and oxygen content calculations

(a) To comply with the requirements of this chapter, the oxygen content of gasoline must be determined by

(1) taking a representative sample of the gasoline to be tested, using the sampling methods specified in 40 C.F.R. 80, Appendix D, as amended through July 1, 1996, hereby adopted by reference;

(2) testing the gasoline sampled to determine the mass concentration of each oxygenate, using the test method specified in ASTM D 4815-94a, as approved July 25, 1994, hereby adopted by reference; and

(3) using the following oxygen content calculations, with volume measurements adjusted to 60° Fahrenheit:

(A) for blends with only one oxygenate:

W oxygen = V oxygenate x d oxygenate x W oxygen/oxygenate _________ (V gas x d gas) + (V oxygenate x d oxygenate)where:W= weight fraction (for percent, multiply by 100)oxygenate= oxygenate in the blendV= volume fractiond= specific gravitygas= gasoline

(B) for blends with more than one oxygenate:

W oxygen = S (V oxygen x d oxygenate x W oxygen/oxygenate) _________ (V gas x d gas) + S (V oxygenate x d oxygenate)where:W= weight fraction (for percent, multiply by 100)oxygenate= oxygenate in the blendV= volume fractiond= specific gravitygas= gasoline

(b) The oxygen molecular weight contributions of an oxygenate approved for use under this chapter are set out in the following table:

OXYGEN MOLECULAR WEIGHT CONTRIBUTIONS

Oxygen Molecular

Weight Contribution Specific Gravity

at 60° Fahrenheit Methanol0.49930.796Ethanol0.34730.794Propanols0.26620.789Butanols0.21580.810Pentanols0.18150.817Methyl Tertiary-Butyl

Ether (MTBE)0.18150.744Hexanols0.15660.823Ethyl Tertiary-Butyl

Ether (ETBE)0.15690.755Tertiary Amyl Methyl

Ether (TAME)0.15660.770

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.035 Per-gallon method of compliance

(a) A CAR using the per-gallon method of compliance with this chapter shall document that each gallon of gasoline sold or dispensed for use within a control area during a control period has an oxygen content of not less than 2.7 percent by weight.

(b) A CAR using the per-gallon method of compliance

(1) must use that method for the entire control period; and

(2) is prohibited from transferring oxygen credits to another CAR.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.040 Averaging oxygen content method of compliance

(a) A CAR using the averaging oxygen content method of compliance with this chapter shall document that the average oxygen content of the total volume of gasoline sold or transferred for use in a control area during a control period, including a debit or credit balance of applicable oxygen credits, is not less than 2.7 percent by weight.

(b) A CAR using the averaging oxygen content method of compliance must use that method for the entire control period.

(d) Calculation of the following totals is necessary to determine whether, at the end of each control period and for each control area, a CAR is in compliance with this chapter:

(1) the total volume of oxygenated gasoline sold or dispensed in the control area, which is

(A) the total volume of each separate batch or truckload of oxygenated gasoline sold or dispensed in the control area; plus

(B) the total volume of oxygenated gasoline for which the CAR has received credit by the purchase of oxygen credits; minus

(2) the total required content of oxygen, which is the total volume of oxygenated gasoline sold or dispensed, as determined in (1) of this subsection, multiplied by 2.7 percent;

(3) the total content of oxygen actually sold or dispensed in the control area, which is

(A) the oxygen content of each separate batch or truckload of oxygenated gasoline sold or dispensed in the control area, multiplied by the actual volume of that batch or truckload; plus

(B) the oxygen content of oxygenated gasoline for which the CAR has received credit by the purchase of oxygen credits, multiplied by the volume of that gasoline; minus

(C) the oxygen content of oxygenated gasoline for which the CAR has sold oxygen credits to another CAR, multiplied by the volume of that gasoline.

(e) If the actual total content of oxygen is equal to or greater than the required total content of oxygen, the standard of 18 AAC 53.020 is met. If the actual total content of oxygen is less than the required total content of oxygen, the purchase of oxygen credits is required in order to comply with 18 AAC 53.020.

(f) To determine the oxygen content associated with each batch or truckload of oxygenated gasoline sold or dispensed in a control area, a CAR shall use the running weighted oxygen content (RWOC) of the terminal storage tank from which the batch or truckload was received at the time the batch or truckload was received. For a batch or truckload of gasoline to which an oxygenate is added outside of the terminal storage tank from which it was received, a CAR shall use the weighted average of the RWOC plus the additional oxygen content as a result of adding the additional oxygenate.

(g) The RWOC accounts for the volume and oxygen content of all gasoline that enters or leaves a terminal storage tank, and the oxygenate that is added to each tank. The RWOC must be calculated each time gasoline enters or leaves a tank or whenever an oxygenate is added to a tank. The RWOC is calculated weighing the following:

(1) the volume, type, and oxygen content of the gasoline in the storage tank at the beginning of the control period;

(2) the volume and oxygen content by weight of gasoline entering the storage tank;

(3) the volume and oxygen content by weight of gasoline leaving the storage tank; and

(4) the volume, type, and oxygen content by weight of the oxygenate added to the storage tank.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.045 Oxygen credits and debits

(a) If the averaging oxygen content method of compliance under 18 AAC 53.040 is used by a CAR, an oxygen credit or debit is generated when a gallon of oxygenated gasoline is transferred by the CAR for use in a control area during a control period. An oxygen credit or debit per gallon is calculated by subtracting 2.7 percent from the actual percent of oxygen by weight in a batch or truckload. The total oxygen credits or debits associated with a batch or truckload is the oxygen credit or debit per gallon multiplied by the total number of gallons in that batch or truckload.

(b) To comply with the requirements of this chapter, a CAR may offset a debit balance of oxygen by securing the transfer of an identical number of oxygen credits from another CAR.

(1) generated in the same control area in which they are transferred for use by another CAR;

(2) generated in the same control period in which they are transferred for use by another CAR;

(3) transferred no later than 15 days after the last day of the control period in which the oxygen credits are generated; and

(4) created as required by this chapter.

(d) If oxygen credits are sold, purchased, or otherwise transferred, the transferor shall provide the transferee with a record of the transaction as required in 18 AAC 53.090(d).

(e) Oxygen credits may not be transferred if such a transfer would result in the transferor having a debit balance of oxygen at the conclusion of the control period for which the oxygen credits would be transferred. Oxygen credits transferred in violation of this subsection are invalid oxygen credits.

(f) Invalid oxygen credits may not be used, regardless of the transferee's good faith belief that it was receiving valid oxygen credits.

(g) If oxygen credits are transferred in violation of (d) of this section

(1) the transferor is in violation of 18 AAC 53.040; and

(2) the transferor's valid oxygen credits will be applied first to any oxygen credit transfer agreements before the transferor may apply any oxygen credits to achieve its own compliance.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.050 Minimum oxygen content

Repealed.

History

Eff. 9/25/92, Register 123; repealed 10/31/97, Register 144

18 AAC 53.060 Oxygenated gasoline blending

(a) In addition to the other applicable requirements of this chapter, a person may not refine, distribute, blend, supply, sell, offer for sale, dispense, or otherwise market oxygenated gasoline for use in a control area during a control period unless that product

(1) has received a current motor fuel waiver from the United States Environmental Protection Agency (EPA) under 42 U.S.C. 7545(f)(4) (Clean Air Act), as amended through November 15, 1990; or

(2) qualifies under EPA's "substantially similar" interpretive ruling as amended in 56 Fed. Reg. 5,352 (1991) for a fuel or fuel additive used to certify a model year 1975 or newer vehicle or engine under 42 U.S.C. 7525 (Clean Air Act), as amended through November 15, 1990.

(b) Repealed 10/31/97.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.070 Registration and permit

(a) A person may not operate as a CAR unless the person has registered with, and obtained a permit from, the department. A person who intends to operate as a CAR shall apply for registration and a permit to operate in each control area at least 30 days before the beginning of a control period or at least 30 days before operating as a CAR. An application for each control area must be on a form available from the department and must include

(1) the applicant's name and business address;

(2) the address and physical location of each control area terminal from which the applicant will operate;

(3) the address and physical location of each control area oxygenate blending facility that the applicant owns, leases, operates, controls, or supervises;

(4) the address and physical location where the applicant will keep the documents required under this chapter;

(5) the registration fee required in 18 AAC 53.080(a); and

(6) the preliminary permit fee required in 18 AAC 53.080(b) or (c), as applicable.

(b) A CAR shall submit updated registration information to the department within 30 days after any information supplied under (a) of this section becomes incomplete or inaccurate.

(c) Within 30 days after the department receives a complete application and the fees required in (a) of this section, it will register the CAR and issue a permit with an identification number. The registration and permit are valid for one year.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.510 AS 44.46.025(c)AS 46.14.020 AS 46.03.010; AS 46.14.030
Eff. 9/25/92, Register 123; am 9/8/93, Register 128; am 10/31/97, Register 144

18 AAC 53.080 CAR fees

(a) A person who applies for registration and a permit to operate as a CAR under this chapter shall pay a $100 annual registration fee with the application for each control area.

(b) Except as provided in (c) of this section, a CAR shall pay, with the application for a control area, a preliminary permit fee that is equal to $0.0046 per gallon, multiplied by the total number of gallons of gasoline sold by the CAR within that control area during the preceding November 1 through March 1.

(c) If a CAR had no gasoline sales in a control area during the preceding November 1 through March 1, the CAR shall pay, with the application for that control area, a preliminary permit fee that is equal to $0.0046 per gallon, multiplied by the total number of gallons of gasoline estimated to be sold by the CAR within that control area during the upcoming control period.

(d) On or before May 1, for each application for which a fee is payable under (b) or (c) of this section, a CAR shall pay to the department a final permit fee that is equal to $0.0046 per gallon, multiplied by the total number of gallons of oxygenated gasoline sold by the CAR for use within the applicable control area during the control period that just ended, minus the preliminary fee paid under (b) or (c) of this section. If the preliminary fee is greater than the amount determined under this subsection, no additional fee is due and the department will refund the excess fees paid by July 15.

(e) By July 15, the department will refund fees in excess of those required to cover the cost of implementing the requirements of this chapter. Fees will be refunded on a pro rata basis, in direct proportion to the CAR's percentage contribution to the total fees collected.

History

Authority: AS 44.46.025; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 9/8/93, Register 128; am 10/31/97, Register 144; am 12/30/2000, Register 156

18 AAC 53.090 Recordkeeping

(a) A person required to maintain records described in this section shall keep each record for at least five years after that record was produced and shall make the record available to the department upon request.

(b) A refiner or an importer shall, for each separate quantity of gasoline produced or imported for use in a control area during a control period, maintain a record of the

(1) results of any test used to determine the type of oxygenates and percentage by volume;

(2) oxygenate content by volume;

(3) oxygen content by weight;

(4) total volume; and

(5) name and address of the party to whom each separate quantity of gasoline was sold or transferred.

(c) A person who owns, leases, operates, or controls a gasoline terminal that serves a control area shall maintain a record of the

(1) name and address of the owner of each batch of gasoline;

(2) volume of each batch or truckload of gasoline going into or out of the terminal;

(3) RWOC for each batch or truckload of gasoline leaving the terminal;

(4) type, purity, and percentage by volume of oxygenate used, if available;

(5) oxygen content by weight of each batch or truckload received at the terminal;

(6) destination of each batch or truckload of gasoline sold, regardless of whether the destination was within a control area;

(7) name and address of the person to whom the batch or truckload of gasoline was sold or transferred and the date of the sale or transfer; and

(8) results of any test for oxygenates, if performed, at the time of each sale or transfer of gasoline, and who performed the test.

(d) In addition to the requirements of (c) of this section, a CAR shall maintain a record of

(1) the CAR's permit number;

(2) any information that would support or demonstrate compliance with the required oxygen content standard set out in 18 AAC 53.020;

(3) each transaction in which an oxygen credit was bought, sold, traded, or transferred; the record of each transaction must include

(A) the date of each transaction;

(B) the name, address, and permit number of the CAR involved in the transaction;

(D) a description of how the oxygen credits were calculated; and

(E) documentation that shows both parties have agreed to the oxygen credit transaction;

(4) the name and address of the person conducting an attest engagement required under 18 AAC 53.170 and the results of the attest engagement or, if using the per-gallon method of compliance described in 18 AAC 53.035, each final report and certification statement required by 18 AAC 53.100(c);

(5) the name and address of the person from whom each shipment of gasoline was received, and the date when it was received;

(6) each bulk shipment of gasoline received, including the

(A) volume of each shipment;

(B) type, purity, and percentage by volume of oxygenate; and

(7) the volume of each bulk shipment of oxygenates;

(8) the name and address of the person from whom a bulk shipment of oxygenate was received;

(9) the date and destination of each sale of gasoline, whether or not it was intended for use within a control area;

(10) each shipment of gasoline sold or distributed including the

(A) volume of each shipment;

(B) type, purity, and percentage by volume of oxygenate; and

(11) the results of all tests done to determine the oxygen content of gasoline; and

(12) the name, address, and permit number of each CAR to whom any gasoline was sold or distributed, and the date of each transaction.

(e) A retailer or a wholesale purchaser-consumer within a control area shall maintain a record of

(1) the name, address, and permit number of each CAR from whom a shipment of gasoline was purchased or received, and the date each shipment was received; and

(2) each shipment of gasoline bought, sold, or transported, including the

(A) volume of each shipment;

(B) type, purity, and percentage by volume of oxygenate;

(D) destination of each sale or shipment of gasoline, whether or not it is intended for use within a control area; and

(E) bill of lading (BOL) number or product transfer document invoice number.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.100 Reporting

(a) On forms approved by the department, a CAR shall submit to the department the information gathered to show compliance with 18 AAC 53.035 or 18 AAC 53.040 for each control period, as follows:

(1) a monthly interim report for November, December, and January, no later than 30 days after the last day of each month; and

(2) a summary report, within 30 days after the end of each control period.

(b) At the end of each control period, a CAR must have an attest engagement conducted in accordance with 18 AAC 53.170 if the averaging oxygen content method of compliance under 18 AAC 53.040 was used. The CAR shall submit an attest engagement report to the department by the June 15 following the relevant control period.

(c) By the June 15 following each control period, a CAR shall submit a final report if the per-gallon method of compliance under 18 AAC 53.035 was used. The report must be on a form provided by the department and must include the documentation required by 18 AAC 53.035. The department's report form will contain the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this report are true, accurate, and complete. I understand that any falsification of this report is subject to punishment under AS 11.56.210. An official of the CAR who is responsible for the documentation shall sign the report form in the space provided after the certification statement and have the signature notarized.

(d) The department will, in its discretion, perform an audit to verify information and documentation provided in a report submitted under (a) or (c) of this section.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.105 Product transfer document

(a) Beginning five days before the first day of a control period until the end of that control period, each time that the physical custody or title to gasoline in or from a control area is transferred, a product transfer document must accompany the gasoline. The requirements of this subsection do not apply when gasoline is dispensed.

(b) A person subject to this chapter may not misrepresent the oxygen content of gasoline in a product transfer document.

(c) Beginning five days before the first day of a control period until the end of that control period, a person subject to this chapter may not accept delivery of gasoline in or from a control area unless the gasoline is accompanied by a product transfer document.

(d) If the transferor of the gasoline is a CAR, that CAR shall provide to the transferee a product transfer document containing the information required in this subsection in addition to, or as part of, a bill of lading or invoice. The product transfer document must legibly and conspicuously contain

(1) the bill of lading (BOL) or product transfer document invoice number;

(2) the date of the transfer;

(3) the name, address, and CAR permit number of the transferor;

(4) the name and address of the transferee and, if the transferee is a CAR, the transferee's CAR permit number;

(5) the volume of gasoline transferred;

(6) identification of the gasoline as nonoxygenated or oxygenated;

(7) the location of the gasoline at the time of the transfer;

(8) the type of oxygenate;

(9) the percentage by volume, to the nearest percent, of oxygenate in the gasoline; and

(10) the percentage by weight, to the nearest tenth of a percent, of oxygen content in the gasoline.

(e) If the transferor of the gasoline is downstream of a CAR, the transferor shall ensure that a transfer ticket is marked with the bill of lading or product transfer document invoice number provided by the CAR under (d) of this section, as follows: BOL No. _________ . This transfer ticket satisfies the requirements of (a) of this section.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 10/31/97, Register 144

18 AAC 53.110 Prohibited activities

Repealed.

History

Eff. 9/25/92, Register 123; repealed 10/31/97, Register 144

18 AAC 53.120 Inspection and sampling

With consent from a person subject to this chapter, the department or its designee will

(1) enter that person's business premises to determine compliance with this chapter;

(2) inspect records subject to 18 AAC 53.090, 18 AAC 53.100, and 18 AAC 53.105; and

(3) take gasoline samples for testing.

History

Authority: AS 44.46.020; AS 46.14.020; AS 46.14.515 AS 46.03.010; AS 46.14.030 AS 46.03.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.130 Liability for violation

Except as provided in 18 AAC 53.005(e)(2) and 18 AAC 53.140, if gasoline contained in a storage tank at a facility owned, leased, operated, controlled, or supervised by a person subject to this chapter is found to be in violation of this chapter, the following persons are liable for that violation:

(1) the retailer, wholesale purchaser-consumer, distributor, reseller, carrier, CAR, refiner, importer, or oxygenate blender who owns, leases, operates, controls, or supervises the facility where the violation is found;

(2) each CAR, oxygenate blender, distributor, reseller, and carrier who, downstream of the control area terminal, sold, offered for sale, dispensed, supplied, offered to supply, stored, transported, or caused the transportation of gasoline that is in the storage tank containing the gasoline found to be in violation; and

(3) each refiner, importer, CAR, oxygenate blender, distributor, reseller, and carrier who manufactured, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transportation of gasoline that is in the storage tank containing gasoline found to be in violation.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.140 Defenses for violation

(a) Subject to (b) of this section, the following is a defense for a violation of 18 AAC 53.005(d)(1)-(5):

(1) the person can demonstrate that the violation was not caused by that person or that person's employee or agent; and

(2) the oxygen content stated in the product transfer document meets the requirements of 18 AAC 53.020 for the current control period.

(b) A person seeking to assert a defense under this section who is not a retailer or wholesale purchaser-consumer must, in addition to meeting the requirements of (a) of this section, demonstrate that

(1) the oxygen content was not misrepresented in the product transfer document or otherwise; and

(2) that person conducted a quality assurance sampling and testing program as described in 18 AAC 53.160 at or before the time the violation occurred.

(c) In defense of a violation found at a facility operating under the corporate, trade, or brand name of a refiner, a refiner must show, in addition to the defense in (a) of this section, that the violation was caused by

(1) another person who violated a law, other than 18 AAC 50 or this chapter, including an act of sabotage or vandalism;

(2) the action of a reseller, distributor, oxygenate blender, carrier, or a retailer or wholesale purchaser-consumer who violated a contractual obligation imposed by the refiner that was designed to prevent the action that caused the violation, despite periodic sampling and testing by the refiner to ensure compliance with the contractual obligation; or

(3) the action of a carrier or other distributor who was not subject to a contract with the refiner but who is used by the refiner for transportation of gasoline, that occurred despite the refiner's specification or inspection of procedures and equipment and the periodic sampling and testing that was reasonably calculated to prevent that action.

(d) In this section, the term "was not caused" means that the person can demonstrate by reasonably specific evidence, either direct or circumstantial, that the violation was caused or must have been caused by another person.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.150 Temporary variances

(a) A person may apply for a temporary variance from the requirements of this chapter if, for reasons beyond the applicant's control, the applicant cannot comply with the requirements of this chapter. The department will grant a request for a temporary variance, after public hearing and opportunity for comment, if the department finds that

(1) the circumstances prompting the request are extreme and unusual;

(2) the benefits to the public of allowing the business to continue operations exceed any detriment to air quality caused by the noncompliance;

(3) prudent planning was exercised, the noncompliance was unavoidable, and all reasonable steps to minimize the extent of the noncompliance are being taken;

(4) the applicant shows that compliance will be achieved as soon as possible; and

(5) the applicant agrees to offset all or a portion of the excess emissions associated with the use of nonconforming gasoline, if practicable, and to apply reasonable substitute or alternative air pollution control measures that the department, in its discretion, prescribes.

(b) A temporary variance granted under (a) of this section will be subject to conditions consistent with the reasons for the variance, and will include the following time limits:

(1) if the variance is granted on the grounds that there is no practicable means known or available for complying with this chapter, the variance will be effective only until the necessary means of complying become known or available; or

(2) if the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that described in (1) of this subsection, the variance will be effective for no more than one year.

(1) the specific grounds upon which the variance is sought, including evidence that the conditions in (a) of this section are met;

(2) the proposed date by which compliance will be achieved or reestablished; and

(3) a description of the applicant's plan to achieve compliance, including any applicable increments of progress.

(d) Within 30 days after the department receives a complete application under this section, the department will hold a public hearing to determine whether, and under what conditions, a temporary variance will be granted. At least two weeks before the hearing, the department will send written notice to the applicant and the EPA and publish notice of the hearing in a newspaper of general circulation in the affected control area. A notice under this subsection will state that any interested person may present testimony or evidence regarding the request for a variance, including comments concerning the cost of compliance with the regulations and alternative practical methods of complying.

(e) The department will issue a decision on the request for a variance within 10 days after the public hearing.

(f) After the department issues a decision on the request for variance, any person adversely affected by the decision may request an adjudicatory hearing in the manner provided in 18 AAC 15.195 - 18 AAC 15.340.

(g) A variance granted under this section does not prevent or limit the application of an emergency order issued under AS 46.03.820.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144; am 7/11/2002, Register 163

18 AAC 53.160 Quality assurance program

(a) To demonstrate an acceptable gasoline quality assurance program under this chapter, a CAR shall conduct periodic sampling and testing to determine whether the gasoline has an oxygen content that is consistent with the product transfer document required by 18 AAC 53.105.

(b) A control area terminal owner or operator may not accept gasoline into a control area terminal unless that owner or operator first conducts a quality assurance program as described in (a) of this section.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.170 Attest engagements

(a) To meet the reporting requirements of 18 AAC 53.100(b), a CAR must submit to an attest engagement that consists of a review of the supporting documentation used to prepare reports required under this chapter, for accuracy, completeness, and conformance with the requirements of this chapter.

(b) An attest engagement must be conducted by an independent certified public accountant (CPA) in a manner consistent with applicable professional standards, including those in 12 AAC 04. The CPA may not be an employee of the CAR. Nothing in this subsection prohibits the CPA from requesting assistance from the CAR's internal auditors in accordance with the document entitled Codification of Statements on Standards for Attestation Engagements, published by the American Institute of Certified Public Accountants (AICPA), as amended through January 1, 1997.

(c) A CPA shall exercise due diligence in conducting an attest engagement in accordance with the agreed-upon procedures described in this section.

(d) Unless another form of sample selection is approved by the department, a CPA shall determine the sample size for each population of supporting documentation that is sampled in the attest engagement as set out in Table 1 of this section. The number of the population from which a sample must be drawn may vary depending on the circumstances for each attest engagement. Sample items must be selected in such a way that the sample can be expected to be representative of the population. If the department approves the use of another method of sample selection, or another method to determine the sample size, that method must be summarized in the attest engagement report.

TABLE 1. POPULATION SAMPLE SIZE Number in Population (N) Sample Size 66 or larger5941 - 654126 - 40310 - 25N or 24, whichever is smaller

(e) An attest engagement must include the review and analysis of CAR records that show the

(1) quantity and oxygen content of gasoline entering the terminal and leaving the terminal in bulk;

(2) destination, quantity, and oxygen content of each truckload of oxygenated gasoline going to specific covered areas;

(3) oxygen content of gasoline in storage tanks from which trucks are loaded, and the calculations used to determine the characteristics of the gasoline;

(4) oxygenate type and amount that was blended; and

(5) testing results for storage tanks when additional gasoline is added.

(f) Unless other procedures are approved by the department, an attest engagement must include at least the following agreed-upon procedures, as appropriate, when reviewing a CAR's reporting forms:

(1) read the reports completed by CAR management and submitted to the department as required in 18 AAC 53.100;

(2) obtain from the CAR an inventory reconciliation that summarizes the receipts and deliveries of all gasoline, gasoline blendstocks, and oxygenates by a CAR serving a control area, and

(A) test the mathematical accuracy of the inventory reconciliation;

(B) agree beginning and ending inventory amounts to the company's perpetual inventory records; and

(C) agree deliveries into the control area to the reports submitted to the state as required in 18 AAC 53.100, if applicable;

(3) obtain a listing of all gasoline, gasoline blendstocks, and oxygenate receipts during the period, and

(A) test the mathematical accuracy of the listing;

(B) agree amounts to the inventory reconciliation; and

(C) select a representative sample of individual receipts of gasoline, gasoline blendstocks, and oxygenates, and trace details back to source documents;

(4) obtain a listing of all gasoline, gasoline blendstocks, and oxygenates sold or dispensed during the period, and

(A) test the mathematical accuracy of the listing;

(B) agree amounts to the inventory reconciliation report; and

(i) agree volumes for the sample items to the original bill of lading or other source documents; and

(ii) for sales or deliveries into the control area, determine that oxygenate content meets the required oxygen content standard identified in 18 AAC 53.020 by examining bills of lading;

(5) calculate the oxygen content units by multiplying the required oxygen content identified in 18 AAC 53.020 by the total volume of oxygenated gasoline sold or dispensed into the control area as indicated in the inventory reconciliation report, and agree to the reports submitted to the department as required in 18 AAC 53.100;

(6) calculate the actual total oxygen credit units generated by adding together the oxygen content units of each batch or truckload of oxygenated gasoline that was sold or dispensed in the control area;

(7) calculate the adjusted actual total oxygen content units that are the sum of

(A) the actual total oxygen content units generated in (6) of this subsection; plus

(B) the total oxygen credits purchased or acquired through trade; minus

(8) test the actual total oxygen content units in (6) of this subsection as follows:

(A) for CARs using rack and splash blending, recompute oxygen content by weight for a representative sample of deliveries based on detailed meter readings of gasoline, blendstocks, and oxygenate receipts; and

(B) for CARs using in-tank blending of gasoline, blendstocks, and oxygenates, obtain a register of RWOC by tank and using the individual sample items selected in (3) and (4) of this subsection, test the calculation of running totals; and

(C) for CARs using in-tank blending of gasoline, blendstocks, and oxygenates, and where laboratory analysis is used within the CAR's weighted average calculation, select individual analysis reports of oxygenated gasoline receipts and deliveries during the period on a representative sample basis to

(i) review laboratory results for consistency with the CAR's calculations, noting oxygen volume and specific gravity;

(ii) recalculate oxygen by weight; and

(iii) agree information on laboratory reports to underlying delivery and receiving information;

(9) obtain a register of oxygen credit purchases and sales, and select representative samples of oxygen credits purchased and oxygen credits sold, and

(A) agree selected oxygen credit transactions to the transfer agreement or other supporting documentation, noting the volume and oxygen content of the gasoline associated with the oxygen credits; and

(B) agree to the transfer agreement or other supporting documentation that the

(i) oxygen credits are generated in the same control area as they are used;

(ii) oxygen credits are generated in the same control period as they are used;

(iii) ownership of oxygen credits is transferred only between CARs; and

(iv) oxygen credit transfer agreement is made no later than 15 days after the last day of the control period in which the oxygen credits are generated; and

(10) prepare an attestation report to the CAR client that complies with the requirements in (b) of this section, and that indicates the results of performing the attest engagement under this section.

(g) The attestation report required in (f)(10) of this section must include

(1) the description and location of all records reviewed during the attest engagement;

(2) the names and positions of all persons responsible for preparing the CAR's reports to the department, including persons who gathered information, operational personnel, and officers;

(3) the location and description of the refinery, import facility, or terminal audited, including its operating procedures and internal controls;

(4) specific reports and examples of calculations performed in the conduct of the attest engagement;

(5) summaries or duplicates of records that support the CPA's findings, analyses, and conclusions; and

(6) a complete list of all discrepancies that the CPA found during the conduct of the attest engagement.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144

18 AAC 53.180 Dispenser labeling

Repealed.

History

Eff. 9/25/92, Register 123; repealed 10/31/97, Register 144

18 AAC 53.190 Suspension and reestablishment of control period

(a) Subject to (b) of this section, if a control area attains the NAAQS for carbon monoxide, and after consultation with and approval by the administrator, the commissioner will suspend the oxygenated gasoline control period under 18 AAC 53.010 in that control area.

(b) If the requirements for oxygenated gasoline in a control area are suspended under (a) of this section, and the control area violated the NAAQS for carbon monoxide the department will reestablish the control period under 18 AAC 53.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.030 AS 46.03.010; AS 46.14.020; AS 46.14.510
Eff. 9/25/92, Register 123; am 10/31/97, Register 144; am 2/20/2004, Register 169

Article 2 General Provisions

18 AAC 53.990 Definitions

Unless the context indicates otherwise, in this chapter

(1) "administrator" means the administrator of the EPA;

(2) "agree" means to compare two sets of records to determine whether the records are consistent with each other;

(3) "agreed-upon procedures" means procedures for conducting an attest engagement that have been jointly established by the independent certified public accountant conducting the attest engagement and the CAR for whom the attest engagement is being conducted, and that have been approved by the department before the actual attest engagement;

(4) "attest engagement" means an audit of nonfinancial records;

(5) "blender CAR" means a CAR who owns gasoline that is sold or transferred from a control area oxygenate blending facility;

(6) "BOL" means bill of lading;

(7) "CAR" means a control area responsible party, including a blender CAR;

(8) "carrier" means a person who transports, stores, or causes the transportation or storage of gasoline at any point in the gasoline distribution network without taking title to or otherwise having ownership of the gasoline and without altering the quality or quantity of the gasoline;

(9) "commissioner" means the commissioner of the Department of Environmental Conservation;

(10) "control area" means a geographic area described in 18 AAC 53.010(d);

(11) "control area oxygenate blending facility" means a facility or truck at which oxygenate is added to gasoline or blendstock that is intended for use in a control area and at which the quality or quantity of gasoline is not otherwise altered except through the addition of deposit control additives;

(12) "control area responsible party" means a person who owns gasoline that is sold or transferred from a

(A) control area terminal; or

(B) control area oxygenate blending facility;

(13) "control area terminal" means a facility, regardless of whether that facility is located in a control area,

(A) that is capable of receiving gasoline in bulk, such as by pipeline, marine vessel, or barge, or at which gasoline is altered either in quantity or quality, excluding the addition of deposit control additives; and

(B) from which gasoline that is intended for use in a control area during a control period is sold or transferred into trucks for transportation to a control area oxygenate blending facility, retail outlet, or wholesale purchaser-consumer facility;

(14) "control period" means a period established under 18 AAC 53.010;

(15) "department" means the Department of Environmental Conservation;

(16) "dispense" means to sell or transfer gasoline to the ultimate consumer at a retail outlet or from a wholesale purchaser-consumer facility;

(17) "distribute" means to transport, store, or cause the transportation or storage of gasoline at any point between a gasoline refinery or importer's facility and a retail outlet or wholesale purchaser-consumer's facility;

(18) "distributor" means a person who distributes gasoline;

(19) "EPA" means the United States Environmental Protection Agency;

(20) "fuel additive" means that part of the fuel that is not hydrocarbon;

(21) "importer" means a person, other than an ultimate consumer, who brings gasoline owned by that person from outside the state into a control area for sale or use;

(22) "motor vehicle" means a self-propelled, gasoline-powered vehicle, designed to operate on a highway;

(23) "NAAQS" or "national ambient air quality standards" means the primary standards for carbon monoxide set by the EPA in 40 C.F.R. 50.8, as amended through July 1, 1991;

(24) "nonoxygenated gasoline" means gasoline that does not comply with 18 AAC 53.020;

(25) "oxygen content" means the percentage of oxygen by weight contained in a gasoline blend, based upon its percentage oxygenate by volume, excluding denaturants and other non-oxygen-containing components and adjusted to 60° Fahrenheit;

(26) "oxygen content units" are the result of multiplying the volume of gasoline containing oxygenate, measured in gallons, by the oxygen content, measured in percent of oxygen by weight;

(27) "oxygen credits" means a marketable oxygen credit provided for under 42 U.S.C. 7545(m) (Clean Air Act, section 211), as amended through November 15, 1990, and created in accordance with 18 AAC 53.045;

(28) "oxygenate" means a substance that, when added to gasoline, increases the amount of oxygen in that gasoline blend;

(29) "oxygenate blender" means a person who owns, leases, operates, controls, or supervises a control area oxygenate blending facility;

(30) "oxygenated gasoline" means gasoline that contains not less than the percent oxygen by weight required by 18 AAC 53.020;

(31) "person subject to this chapter" means a person listed or described in 18 AAC 53.005(c);

(32) "ppm" means parts per million;

(33) "refiner" means a person who owns, leases, operates, controls, or supervises a refinery that produces gasoline for use in a control area;

(34) "refinery" means a plant at which gasoline is produced;

(35) "reseller" means a person who purchases gasoline and resells or transfers it to a retailer or a wholesale purchaser-consumer;

(36) "retail outlet" means an establishment at which gasoline is sold or offered for sale to the ultimate consumer other than the wholesale purchaser-consumer;

(37) "retailer" means a person who owns, leases, operates, controls, or supervises a retail outlet;

(38) "terminal" means a facility at which gasoline is transferred into trucks for transportation to retail outlets or wholesale purchaser-consumer facilities;

(39) "VMT" means vehicle miles traveled;

(40) "wholesale purchaser-consumer" means a person who

(A) is an ultimate consumer of gasoline;

(B) purchases or obtains gasoline from a supplier or distributor for use in a motor vehicle;

(C) receives delivery of that product into a storage tank with a capacity of at least 550 gallons that is substantially under the control of that person; and

(D) owns or operates a gasoline dispenser.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.14.510 AS 44.46.025; AS 46.14.020; AS 46.14.515 AS 46.03.010; AS 46.14.030
Eff. 9/25/92, Register 123; am 4/23/94, Register 130; am 10/31/97, Register 144; am 9/4/98, Register 147; am 2/20/2004, Register 169

Chapter 54 Requirements for the Distribution and Receipt of Financial Assistance

18 AAC 54.010 Applicability

Subject to the availability of appropriations, and except as provided in 18 AAC 54.200, this chapter applies to the award, allocation, and distribution of money that is disbursed to the department for the control of emissions or the development or administration of air quality control programs in the state, including the award, allocation, and distribution of money

(1) from the diesel emissions reduction program under 42 U.S.C. 16133 (Energy Policy Act of 2005);

(2) appropriated to the diesel emissions reduction program by, and subject to the provisions of, P.L. 111-5, div. A, title VII, 123 Stat. 115, 170 (American Recovery and Reinvestment Act of 2009);

(3) from the state and tribal assistance grant program under 42 U.S.C. 7403 and 7405 (Clean Air Act secs. 103 and 105).

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.020 Eligible entities

The following entities are eligible for a subgrant under this chapter:

(1) as allowed under 42 U.S.C. 7403 and 7405 (Clean Air Act secs. 103 and 105), an air pollution control agency, a public or nonprofit agency, an institution, an organization, or an individual;

(2) as allowed under 42 U.S.C. 16133 (Energy Policy Act of 2005; diesel emissions reduction program),

(A) a regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality; or

(B) a nonprofit organization or institution that

(i) represents or provides pollution reduction or educational services to persons or organizations that own or operate diesel fleets; or

(ii) has, as its principal purpose, the promotion of transportation or air quality.

History

Authority: AS 44.46.020; AS 46.14.530; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.030 Eligible proposals

To be eligible under this chapter, a proposal must address the control of air emissions or the development or administration of air quality control programs in the state for the purpose of reducing air pollution.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.040 Solicitation process

(a) The department will solicit proposals for subgrants under this chapter by publishing notice of the solicitation in a newspaper of general circulation, and posting the notice on the Alaska Online Public Notice System established under AS 44.62.175. The department may publish the notice in an additional form or manner that the department considers helpful in making the solicitation known to the public.

(b) In a solicitation, the department will describe

(1) the purpose or activity for which subgrants are available;

(2) criteria for applicant eligibility;

(3) eligible activities;

(4) proposal procedures, including required submissions and timeframes;

(5) amounts of grant money available; and

(6) any specific criteria that will be used to evaluate applications.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.050 Proposal requirements

A proposal submitted in response to a solicitation under 18 AAC 54.040 must be

(1) complete and on forms provided by the department; to meet the requirements of this paragraph, the proposal must include a project narrative;

(2) submitted by an eligible entity as described in 18 AAC 54.020; and

(3) for a project that is eligible under 18 AAC 54.030.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.060 Preliminary proposal review

The department will conduct a preliminary review of a proposal to ensure that it meets the requirements of 18 AAC 54.050. At any time during the review under this section, the department may request additional information if it considers that information necessary to a complete review of the proposal.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.070 Proposal review committee

The department will assemble a proposal review committee consisting of department employees to review the subgrant proposals. If the department determines that the proposal meets the requirements of 18 AAC 54.050, the proposal review committee shall accept, score, and rank the proposal.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.080 Proposal scoring process, criteria, and subgrant offers

(a) Each member of the proposal review committee shall score a proposed project on a scale of 0 - 100 total points, and shall award

(1) no more than 15 points for its rating of a proposed project's design, goals, and results, as set out in the project description; the committee shall give a higher score to a proposed project that meets at least one of the following criteria:

(A) clearly explains the project goals and identifies measurable outcomes;

(B) will have tangible and lasting results and that addresses project goals within the time allowed for completion;

(C) demonstrates an ability to provide for continuing financial and administrative support, if the proposed project is ongoing;

(2) no more than 20 points for its rating of a proposed project's demonstrated need and potential benefit; the committee shall give a higher score to a proposed project that

(A) addresses a demonstrated need for addressing air pollution;

(B) will likely result in a lasting benefit for a community, region, or the state, or that will result in a product that can be used by an agency in the state or by a similarly situated community in the state; or

(3) no more than five points for its rating of a proposed project's ability to achieve the purposes of the grant program;

(4) no more than 10 points for its rating of a proposed project's collaboration with other agencies, the community, and the public, and of the proposed project's level of support from those entities; the committee shall give a higher score to a proposed project that

(A) includes appropriate consultation or collaboration with state agencies, communities, the public, or other appropriate entities; or

(B) includes a resolution or letter of support from the governing body of a community, a commitment of in-kind resources or financing, or other evidence of support from appropriate state agencies, communities, or the public;

(5) no more than 10 points for its rating of a proposed project's readiness; the committee shall give a higher score to a proposed project that

(A) is well thought out and ready to be implemented;

(B) demonstrates a likelihood of receiving required permits or required landowner support; or

(6) no more than 20 points for its rating of the applicant's capability to manage and implement the subgrant; the committee shall give a higher score to a proposal that demonstrates that

(A) the applicant has the capability to manage the administration of the subgrant, including the maintenance of an accurate accounting and reporting system; or

(B) demonstrates that key individuals have the experience, qualifications, and technical ability to successfully complete the project to the department's satisfaction; and

(7) no more than 20 points for its rating of a proposed project's expected benefits to human health or the environment; the committee shall give a higher score to a proposed project that

(A) provides benefits to human health by addressing an identified air pollution problem; or

(B) will likely result in a lasting human health or environmental benefit for a community, a region, or the state.

(b) Once all its members have completed their individual scores for a proposed project, the proposal review committee shall average the individual scores to calculate a final score for that proposed project. After it completes scoring each proposed project, the proposal review committee shall rank the proposed projects by score.

(c) Based on the final scoring calculations and project rankings, the department will make final selections of proposed projects.

(d) The department will select two tiers of projects. For Tier 1, the department will select the highest-ranked projects, and will allocate available money to these projects. For Tier 2, the department will rank and select projects for which subgrants will be awarded if additional money or money previously allocated to a Tier 1 project becomes available.

(e) The department will recommend a subgrant amount smaller than the amount sought if the department considers a reduced amount to be

(1) necessary to increase the amount supplied to the proposed project by the recipient if the department considers the recipient to have additional resources available;

(2) necessary to eliminate money for inefficient or excessive components of the proposed project; or

(3) warranted by the merits of the proposed project.

(f) The department will send an applicant written notification

(1) whether the proposed project has been selected as a Tier 1 project, and if so, the department's recommended amount of any subgrant; or

(2) whether the proposed project is assigned to Tier 2, and if so, the project's ranking within Tier 2 and the department's recommended amount of any subgrant.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.090 Reconsideration

(a) No later than 10 days after receiving the department's written notification under 18 AAC 54.080(f), the applicant may make a request for reconsideration to the director. The request for reconsideration must be in writing and must identify each part of the decision to which the applicant objects.

(b) No later than 15 days after receiving a request for reconsideration, the director shall review the request, the proposal, and any relevant supplemental material and may issue a written decision. If a written decision is not issued during the 15 days after a request for reconsideration is received, the request is considered denied. The director's decision on a request for reconsideration constitutes the final determination of the department.

(c) If the applicant fails to request reconsideration during the time set out in (a) of this section, the department's decision constitutes the final determination of the department.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.100 Acceptance of subgrant offer; subgrant conditions

(a) Subject to the availability of appropriations, the department will negotiate a subgrant agreement with the recipient. A recipient of a final award determination does not have a vested right or other entitlement to a subgrant until a mutually acceptable definitive written subgrant agreement is negotiated and is executed by the department and the recipient.

(b) The department will incorporate any audit requirements made applicable by 2 AAC 45.010 in a subgrant agreement.

(c) As part of a subgrant agreement the department may require a subgrantee to procure, maintain, and demonstrate liability, hazard, or workers' compensation insurance, may designate required policy limits, and may provide that the state will be an additional insured under a policy.

(d) During the term of a subgrant agreement, the subgrantee shall maintain and provide, at the department's request, all subgrant-related records, reports, invoices, documents, or other information required under the subgrant agreement.

(e) As a condition of the subgrant agreement, the subgrantee must agree to comply with federal law and requirements applicable to the subgrant or imposed on the subgrantee as conditions for the state to receive federal money.

(f) The department may withhold payment under the subgrant for the subgrantee's failure to comply with this chapter or the subgrant agreement.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.110 Waiver of sovereign immunity

If the subgrantee is an entity that possesses sovereign immunity, the subgrantee must agree as a condition of receiving a subgrant that the subgrantee irrevocably waives its sovereign immunity with respect to enforcement of the subgrant agreement or claims related to the subgrant agreement. The waiver of sovereign immunity must be on a form approved by the Department of Law.

History

Authority: AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.200 Joint application grants

Joint application grants may be awarded to subgrantees directly if they were included or specifically named within an original grant application or work plan submitted by the department. Joint application grants are exempt from the solicitation requirements outlined in 18 AAC 54.040 - 18 AAC 54.090.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

18 AAC 54.900 Definitions

In this chapter, unless the context requires otherwise,

(1) "department" means the Department of Environmental Conservation;

(2) "director" means the director of the division responsible within the department for air quality;

(3) "proposal review committee" means the group assembled under 18 AAC 54.070.

History

Authority: AS 44.46.020; AS 46.14.535
Eff. 9/17/2010, Register 195

Chapter 60 Solid Waste Management

Article 1 General Standards, Requirements, and Limitations

18 AAC 60.005 Purpose and applicability

(a) The purpose of this chapter is to promote cost-effective, environmentally-sound solid waste management and to ensure that landfills are designed, built, and operated to minimize health and safety threats, pollution, and nuisances. Each type of solid waste that is disposed in a landfill must be placed only in a landfill that meets the standards for that type of waste.

(b) Except as described in (c) of this section, this chapter applies to any person who accumulates, stores, transports, treats, or disposes of solid waste. The general requirements of 18 AAC 60.005 - 18 AAC 60.265 and 18 AAC 60.800 - 18 AAC 60.860 supplement the specific requirements for

(1) municipal solid waste landfills (MSWLF) as covered by 18 AAC 60.300 - 18 AAC 60.398;

(2) monofills as covered by 18 AAC 60.400 - 18 AAC 60.495; and

(3) land application of biosolids as covered by 18 AAC 60.500 - 18 AAC 60.510.

(c) The following wastes and materials, if disposed of or used as described in this subsection, are exempt from the requirements of this chapter unless mixed with nonexempt waste, there is a public health, safety, or welfare threat or environmental problem associated with management of the waste or material, or the waste or material is being managed in a manner that causes or contributes to a nuisance:

(1) landclearing waste, including excavated dirt, rock, soil, butt ends, stumps, and other similar waste;

(2) tree limbs and other foliage or woody debris, sometimes referred to as "slash," in a timber harvest area;

(3) bricks, mortar, and Portland cement type concrete, including reinforcing steel that cannot be easily removed;

(4) crumb rubber used in asphalt paving;

(5) crushed glass;

(6) domestic wastewater, nondomestic wastewater, and other wastes that are subject to a permit under AS 46.03, 18 AAC 72, or 33 U.S.C. 1342 (Federal Water Pollution Control Act, sec. 402), as amended through August 21, 1998;

(7) septage or septic tank pumpings that contain less than five percent solids by weight regulated under 18 AAC 72;

(8) waste rock from a mining operation;

(9) tailings from placer mining that have not been amalgamated or chemically treated; other mine tailings are regulated under 18 AAC 60.455;

(10) mining waste regulated by the Federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 - 30 U.S.C. 1328, as amended through August 21, 1998, and by the Alaska Surface Coal Mining Control and Reclamation Act (AS 27.21), as amended through August 21, 1998;

(11) wood waste generated in amounts less than 10 cubic yards yearly, or in larger amounts if the conditions listed in this paragraph are met; wood waste that does not meet these conditions is regulated under 18 AAC 60.005 - 18 AAC 60.265, 18 AAC 60.480, and 18 AAC 60.800 - 18 AAC 60.990; the conditions that must be met are, as follows:

(A) the wood waste is used to construct roads, building pads, or parking areas;

(B) the use of wood will not diminish the life span or capabilities of the project when compared with other materials typically used in such projects;

(D) the wood waste in the project is no more than 10 feet thick at any location;

(12) source, special nuclear, or byproduct material is defined in 42 U.S.C. 2014 (Atomic Energy Act), as amended through August 21, 1998;

(13) crushed asphalt pavement used

(A) in a building pad or parking area as road base or pavement;

(B) as a material to construct a containment berm for a tank farm; or

(14) any treated waste allowed by the department to be managed as exempt waste under 18 AAC 60.005(e);

(15) soil containing a hazardous substance that does not meet the definition of "polluted soil" in 18 AAC 60.990;

(16) other solid wastes and materials that are placed on the land and that are approved for use in a small or large structural fill project under 18 AAC 60.008.

(d) A treatment works designed to treat less than five tons of waste daily or 10 tons in a single batch is exempt from the requirements of this chapter unless the treatment works

(1) treats

(A) medical waste;

(B) drilling waste;

(D) a waste with characteristics similar to medical waste, sewage solids, or drilling waste, as determined by the department;

(2) causes or contributes to a threat to public health, safety, or welfare, or the environment; or

(3) is operated in a manner that causes or contributes to a nuisance.

(e) If a person treats a waste and demonstrates to the department's satisfaction that the potential for a release of hazardous constituents is eliminated by the treatment and the treated waste will not present a threat to the public health, safety, or welfare or to the environment, the department will allow the treated waste to be managed as an inert waste under 18 AAC 60.460 or an exempt waste under (c) of this section. The operator of the treatment works must

(1) secure the approval of the department before handling the waste as inert or exempt under this subsection; and

(2) keep records demonstrating that all waste managed under this subsection was treated in the manner on which the approval was based.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 10/27/2017, Register 224

18 AAC 60.007 Beneficial use of solid waste

(a) Except for the materials and actions allowed under 18 AAC 60.005(c)(11) and (13), and the use of coal ash in a mine reclamation project or a roadway project, the beneficial use of solid waste is allowable only with prior approval of the department. If a person wants to beneficially use a solid waste, the person must submit a proposal that meets the requirements set out in this section for the appropriate beneficial use as set out under (b) of this section. The proposed beneficial use may not begin until the department approves the proposal.

(b) Solid waste may be beneficially used

(1) in a structural fill project in accordance with 18 AAC 60.008; or

(2) as an ingredient in a manufactured product or a similar beneficial use in accordance with 18 AAC 60.009; in this paragraph, "manufactured product" does not include compost, biofuels, or other organic products.

(c) The following solid wastes may be beneficially used in accordance with an approval by the department under 18 AAC 60.008 or 18 AAC 60.009:

(1) wood waste;

(2) coal ash;

(3) crushed asphalt;

(4) other similar solid wastes approved by the department.

(d) The following solid wastes may not be beneficially used under 18 AAC 60.008 or 18 AAC 60.009:

(1) animal waste;

(2) asbestos;

(3) biosolids;

(4) commercial solid waste;

(5) hazardous waste;

(6) household waste;

(7) industrial solid waste;

(8) medical waste;

(9) pathological waste;

(10) PCB waste;

(11) putrescible waste;

(12) selected isolation waste;

(13) sewage solids;

(14) vehicles and construction equipment.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 9/7/2002, Register 163; am 10/27/2017, Register 224

18 AAC 60.008 Structural fill using solid waste

(a) A solid waste listed under 18 AAC 60.007(c) may be approved for use as structural fill. Any solid waste approved for use in a structural fill project must substitute for natural or raw materials that would otherwise be used and, if placed below the natural ground surface, must be placed at least five feet above the seasonal high water level of the uppermost aquifer. A structural fill project may be approved as a small project under (b) of this section or as a large project under (c) of this section. Any proposed large fill project for which the applicant cannot successfully demonstrate the required components under (c) of this section will be permitted as a non-municipal landfill under 18 AAC 60.200 - 18 AAC 60.270 and 18 AAC 60.400 - 18 AAC 60.490 using the requirements applicable to the solid waste that is used.

(b) A structural fill project qualifies as a small fill project if the total volume of solid waste placed as fill material is less than 23,000 cubic yards. A proposal submitted for a small structural fill project must be on a form provided by the department and must include

(1) an appraisal or assessment showing the current value of the property where solid waste will be placed and an estimate of the value the property will have after the project is complete;

(2) proof of landowner consent for the proposed project or proof that the person proposing the project is the legal owner of the land on which the fill will be placed;

(3) a list of each solid waste that will be placed at the site, including the expected volume and source of each waste type;

(4) information documenting that each solid waste proposed for use will meet available and relevant product specifications, regulatory standards, or design standards;

(5) an estimate of the total area on which solid waste will be placed as fill material;

(6) a description of the purpose for the project and the proposed future use of the site;

(7) an operations plan explaining where, how, when, and over what time period the solid waste will be placed on the land;

(8) an estimate of the expected compaction density and load bearing capacity of the finished fill;

(9) a list of each permit and approval issued or expected to be issued by goverrunent agencies other than the department;

(10) a description of the material that will be used to cover the beneficially used solid waste at the completion of the project; and

(11) construction drawings showing

(A) the surface contours of the existing site;

(B) the surface contours of the finished site;

(D) the location of any temporary or permanent road or ramp; and

(E) any pavement, sewer, plumbing, or electrical installation on the site.

(c) Except for the use of coal ash that under 18 AAC 60.007 is exempt from this section if the coal ash is used in roadway projects and mine reclamation projects, a structural fill project qualifies as a large fill project if the total volume of solid waste used is more than 23,000 cubic yards. A proposal for a large fill project must be submitted on a form provided by the department, must include the information and items required under (b) of this section, and must include

(1) documentation that environmental releases to groundwater, surface water, soil, and air from each solid waste proposed for use will not exceed releases from each natural or raw material replaced by the solid waste, or will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors; and

(2) copies of analytical results from a sample of each solid waste proposed for use; the analytical results must document current values for volatile organic compounds and metals using EPA Method 1312, Synthetic Precipitation Leaching Procedure, revised as of September 1994 and adopted by reference, and any other parameters requested by the department.

(d) If a large structural fill project will require more than one year to complete, the department may require the applicant to analyze, once each year for the duration of the project, each solid waste that will be used as fill. The applicant must

(1) analyze each sample in accordance with (c)(2) of this section; and

(2) submit to the department a statistical comparison of the recent results and the analytical data on which the documentation provided under (c)(1) of this section was based.

(e) The department will approve a proposal for a structural fill project under (b) or (c) of this section not later than 30 working days after receipt of a complete proposal if each solid waste to be used may be beneficially used under 18 AAC 60.007(c) and is not prohibited under 18 AAC 60.007(d), the person requesting permission has submitted the information required under (b) or (c) of this section as applicable, the department finds that each proposed solid waste is suitable for the proposed use, and the department finds that the proposed beneficial use of solid waste will

(1) increase the market value of the property;

(2) meet available and relevant product specifications, regulatory standards, or design standards;

(3) not shift, erode, or settle in a way that will preclude the proposed future use of the site;

(4) not create any harmful leachate;

(5) not undergo combustion; and

(6) not cause a threat to public health, safety, or welfare, or to the environment.

(f) Any solid waste used in an approved structural fill project under this section must, at the conclusion of the project, be entirely covered by at least six inches of an earthen material exempt from regulation under this chapter. Alternative cover materials, including asphalt or concrete pavement, may be used only with prior approval of the department. A request for prior approval must include documentation that the solid waste is a suitable base for the proposed cover material.

(g) A person authorized to use solid waste as fill under this section shall take corrective action for any violation of state statutes or regulations pertaining to water quality, air quality, public or private nuisances, and solid waste management that is caused by the mismanagement of the solid waste used as fill.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 9/7/2002, Register 163; am 10/27/2017, Register 224

18 AAC 60.009 Beneficial use of solid waste as an ingredient in a manufactured product

(a) If a person wants to use a solid waste as an ingredient in a manufactured product or for a similar beneficial use, the person must submit a proposal that explains, for each solid waste that will be used,

(1) the proposed use of the solid waste;

(2) the comparative qualities and characteristics of the product made with the solid waste and the product made without the solid waste;

(3) how the qualities and characteristics of the solid waste make the solid waste suitable for the proposed use;

(4) a demonstration that the solid waste will be bound into the product in such a way that the solid waste cannot be mobilized into the surrounding environment;

(5) each procedure that is incorporated in the proposal to protect public health, safety, and welfare, and the environment during the transport, storage, and use of the solid waste; and

(6) if the product is a new product, information about the projected market for the product.

(b) The department will approve a proposal submitted under (a) of this section if the proposal clearly documents that

(1) the product made with the solid waste will meet all relevant product specifications and use of the solid waste will not degrade the quality or utility of the product;

(2) the solid waste in the product will not be mobilized into the surrounding environment;

(3) the procedures described under (a)(5) of this section will protect public health, safety, and welfare, and the environment; and

(4) for proposals involving a new product, the proposal documents the presence of a suitable and sufficient market for the proposed product.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 10/27/2017, Register 224

18 AAC 60.010 Accumulation, storage, and treatment

(a) A person may not store accumulated solid waste in a manner that causes

(1) a litter violation under 18 AAC 64.015;

(2) the attraction or access of domestic animals, wildlife, or disease vectors;

(3) a health hazard; or

(4) polluted run-off water.

(b) A person who sponsors an event that is open to the public and at which solid waste is generated shall

(1) collect, store, transport, and dispose of the solid waste at a solid waste disposal facility that has a permit or is otherwise authorized under this chapter; or

(2) make contractual or other arrangements for the proper collection, storage, transportation, and disposal of that waste at a solid waste disposal facility that has a permit or is otherwise authorized under this chapter.

(c) A person who has made contractual or other arrangements for the collection, storage, transportation, and treatment of solid waste is not relieved of the responsibility for that waste if the contractor fails to manage the waste in compliance with this section.

(d) A person shall dispose of a carcass

(1) of livestock, including poultry, infected with a communicable disease, only if authorized by the state veterinarian and in accordance with 9 C.F.R. 53.4, revised as of January 1, 1998, adopted by reference;

(2) of any animal not described in (1) of this subsection, other than open range livestock, unless the carcass is used as food for humans or animals,

(A) at a landfill that operates in accordance with a permit issued under this chapter;

(B) by cremation or incineration in an incinerator that complies with 18 AAC 50; or

(3) of any animal not disposed under (1) or (2) of this subsection that the department determines is causing a nuisance or threat to the public health, safety, or welfare or to the environment, by one of the methods set out in (2) of this subsection.

(e) Subject to 18 AAC 60.040(b), a person who wishes to dispose of organic waste from a commercial slaughterhouse or fish processing waste may apply that waste to agricultural or silvicultural land for soil enhancement purposes if the waste is

(1) ground to less than two inches in diameter;

(2) treated by a method described in 40 C.F.R. 503.15, revised as of July 1, 1997, adopted by reference, to reduce the number of salmonella spp. or fecal coliform bacteria present to meet the Class A requirements for pathogen reduction at the time of land application;

(3) incorporated into the soil surface when the waste is applied;

(4) applied at or below the agronomic rate for nitrogen for any crop or vegetation that will be grown on that land;

(5) applied in a manner that does not create an odor nuisance or attract animals or other vectors; and

(6) applied in a manner that ensures that run-off of surface water from the disposal site does not violate the water quality standards in 18 AAC 70.

(f) The owner or operator of a transfer station designed to hold 20 cubic yards or more of waste shall

(1) use containers with covers, fencing, or another department-approved method to prevent wind and animals from scattering the waste;

(2) pick up litter as necessary to prevent a violation of AS 46.06.080;

(3) manage the site so that the standards in 18 AAC 60.230 for disease vectors and animal control are met; and

(4) prevent or control run-off that would violate 18 AAC 70.

(g) If the department finds that a transfer station that is not part of a facility holding a permit under this chapter is causing a nuisance or a risk to public health or safety or to the environment, the department will require the operator to submit a facility design and operating plan explaining how the operator will

(1) meet the requirements of (f) of this section;

(2) conduct operations to prevent a fire at the transfer station;

(3) promptly extinguish any fire that occurs;

(4) control odor and dust as necessary to prevent a public nuisance;

(5) provide safe public access to the facility as necessary;

(6) manage hazardous waste abandoned by others at the facility; and

(7) prevent or control run-off that would violate 18 AAC 70.

(h) Except as provided for drilling waste in 18 AAC 60.430, if the department finds that a facility used to store more than 50 tons of materials for reuse, recycling, or resource recovery, or more than 50 tons of solid waste before disposal, is causing or contributing to a nuisance or poses a risk to public health, safety, or welfare, or to the environment, the department will require the operator to meet one or more of the following requirements:

(1) provide proof to the department that the landowner has consented to the waste storage activity, unless the operator owns the property;

(2) remove the materials from the facility or store materials at the facility for no more than one year;

(3) use containers with covers, fencing, or another department-approved method to prevent litter;

(4) pick up litter as necessary to prevent a violation of AS 46.06.080;

(5) manage the facility so that the standards in 18 AAC 60.230 for disease vectors and animal control are met;

(6) prevent fire at the facility;

(7) promptly extinguish any fire that occurs;

(8) prevent or control run-off that would violate 18 AAC 70;

(9) control odors, noise, and dust as necessary to prevent a nuisance;

(10) provide safe public access to the facility as necessary;

(11) manage hazardous waste abandoned by others at the facility;

(12) monitor the temperature of waste piles to detect combustion;

(13) take other appropriate action; and

(14) repealed 9/7/2002.

(i) The owner or operator of a solid waste treatment works that is not exempt under 18 AAC 60.005(d), and that is not located within the boundaries of a permitted landfill shall

(1) use containers with covers, fencing, or any other short-term, department-approved storage method to prevent wind and animals from scattering the waste;

(2) pick up litter as necessary to prevent a violation of AS 46.06.080;

(3) manage the treatment works so that the standards in 18 AAC 60.230 for disease vectors and animal control are met;

(4) control odors as necessary to prevent a public nuisance;

(5) prevent or control run-off that would violate 18 AAC 70;

(6) prevent fire at the treatment works;

(7) promptly extinguish any fire that occurs;

(8) provide safe public access to the site as necessary;

(9) control dust;

(10) manage hazardous waste abandoned by others at the treatment works; and

(11) take other appropriate action.

(j) The department will require corrective action as necessary at a facility regulated under this section if there is reason to believe that the water quality standards in 18 AAC 70 have been violated or if conditions at the facility are likely to result in harm to public health or the environment.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 10/27/2017, Register 224

18 AAC 60.015 Transport

(a) A person who transports solid waste shall keep the waste contained during transport.

(b) A person who spills solid waste during transport shall promptly pick up the waste and any waste residue resulting from the spill.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.06.080
Eff. 1/28/96, Register 137

18 AAC 60.020 Hazardous waste

(a) A person may dispose of used oil or a regulated hazardous waste only

(1) at a facility that is approved by the department for the disposal of that specific type of waste; or

(2) in accordance with a permit issued by the department.

(b) A hazardous waste, other than an acute hazardous waste, generated by a conditionally exempt small quantity generator, may be disposed of at a facility that meets the requirements for a Class I or Class II MSWLF set out in 18 AAC 60.300 - 18 AAC 60.397, unless the disposal would violate the liquids restrictions set out in 18 AAC 60.360.

History

Authority: AS 44.46.020; AS 46.03.296; AS 46.03.800 AS 46.03.010; AS 46.03.299; AS 46.03.810 AS 46.03.020; AS 46.03.302; AS 46.06.080
Eff. 1/28/96, Register 137; am 7/11/99, Register 151

18 AAC 60.025 Polluted soil

(a) Unless disposal is approved under (b), (c), or (d) of this section, polluted soil may be disposed of only in a Class I MSWLF or a landfill that meets all applicable requirements of this chapter and federal law for the disposal of industrial solid waste or for drilling waste.

(b) Except as provided in (c) of this section, the disposal of polluted soil within a Class III MSWLF will be approved on a case-by-case basis only if the owner of the polluted soil and the owner or operator of the landfill demonstrate, to the satisfaction of the department, that

(1) petroleum hydrocarbons are the only contaminants in the soil;

(2) the polluted soil originates from the cleanup of a single spill incident within the community served by the landfill;

(3) the volume of the polluted soil requiring disposal is less than 500 cubic yards; and

(4) the contaminant concentrations within the polluted soil do not exceed the following maximum values as measured by the applicable methods for petroleum hydrocarbons described in the department's Underground Storage Tanks Procedures Manual, dated November 7, 2002, in Appendix D, adopted by reference:

(A) a concentration of not more than 900 milligrams of gasoline range organics, as measured under Method AK 101, for each kilogram of polluted soil;

(B) a concentration of not more than 2,000 milligrams of diesel range organics, as measured under Method AK 102, for each kilogram of polluted soil;

(C) a concentration of not more than 4,500 milligrams of residual range organics, as measured under Method AK 103, for each kilogram of polluted soil.

(c) The department will approve the beneficial use within a Class III MSWLF of polluted soil that does not meet one or more of the criteria in (b) of this section, if the proposed use of the soil

(1) has a direct benefit to the community; a direct benefit to the community does not include providing compensation for the disposal of the polluted soil;

(2) can be accommodated within the established operational practices at the landfill or within the existing maintenance, closure, or expansion plans for the landfill; and

(3) will comply with the conditions and requirements in (d) and (e) of this section.

(d) The disposal of polluted soil at a landfill other than a Class I MSWLF, an industrial solid waste landfill, a drilling waste landfill, or a Class III MSWLF, or the beneficial use of polluted soil under (c) of this section, will be approved on a case-by-case basis only if the owner of the polluted soil and the owner or operator of the landfill demonstrate, to the satisfaction of the department, that

(1) the waste in the landfill cannot be washed into nearby surface water, and leachate from the landfill cannot reach nearby surface water;

(2) the polluted soil, if it is disposed in the landfill, will not cause a threat to the public health, safety, or welfare, or to the environment;

(3) a practical potential does not exist for migration of a hazardous constituent from the landfill to an aquifer during the active life and post-closure care of the landfill; and

(4) the owner of the landfill agrees to implement institutional controls that the department determines are necessary for long-term protection of the public health, safety, and welfare and the environment.

(e) The demonstration required under (d) of this section must be certified by a qualified groundwater scientist and based upon site-specific

(1) field-collected measurements, sampling, and analysis of physical, chemical, and biological processes affecting fate and transport of hazardous constituents; and

(2) hazardous constituent fate and transport predictions that anticipate maximum, likely migration and consider effects on public health, safety, and welfare and the environment.

History

Authority: AS 44.46.020; AS 46.03.296; AS 46.03.810 AS 46.03.010; AS 46.03.299; AS 46.04.020 AS 46.03.020; AS 46.03.302; AS 46.09.020 AS 46.03.100; AS 46.03.800 Statutory Authority Authority: AS 37.10.052; AS 46.03.010; AS 46.03.110 AS 44.46.020; AS 46.03.020 AS 44.46.025; AS 46.03.100
Eff. 1/28/96, Register 137; am 7/11/99, Register 151; am 9/5/2010, Register 195; am 4/12/2013, Register 206) (Eff. 6/28/96, Register 138; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 7/11/2002, Register 163; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 10/27/2017, Register 224

18 AAC 60.030 Medical waste

(a) A person shall manage medical waste in a way that prevents the spread of disease.

(b) The owner or operator of a permitted municipal solid waste landfill facility or industrial solid waste monofill may accept medical waste that has been treated according to the manufacturer's instructions

(1) in an autoclave;

(2) by a decontamination process other than an autoclave; or

(3) in a medical waste incinerator.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 9/7/2002, Register 163

18 AAC 60.035 Vehicles and construction equipment

A person who disposes of a vehicle or construction equipment shall ensure that all batteries are removed and the vehicle or equipment

(1) is not used to stabilize a slope or to prevent erosion;

(2) is drained of all fluids before disposal; and

(3) does not create a visual nuisance or attract disease vectors.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.040 Wellhead protection

(a) A new landfill or lateral expansion of an existing landfill may not be constructed within 500 feet of a well used as a drinking water supply.

(b) A person shall dispose of septage, sewage solids, fish waste, animal manure, and animal byproducts or waste in accordance with the minimum separation distances in 18 AAC 80 for public water systems and in 18 AAC 72 for private water systems.

History

Authority: AS 44.46.020; AS 46.03.020 AS 46.03.010; AS 46.03.800
Eff. 10/29/98, Register 148; am 10/1/2023, Register 247

Article 2 Waste Disposal Permit

18 AAC 60.200 Permit requirement

(a) Except as otherwise provided in this section, a person may treat or dispose of solid waste, or construct, modify, or operate a solid waste facility only in accordance with a waste disposal permit issued by the department under 18 AAC 60.215, an authorization under (c), (d), or (e) of this section, or a research, development, and demonstration permit issued under 18 AAC 60.213. However, a permit or authorization under this chapter is not required for

(1) a single-family or duplex residence or a farm where solid waste is generated and disposed of on the premises;

(2) the closure of an inactive reserve pit, solid waste facility, or dump;

(3) disposal that is governed by a permit issued under 18 AAC 72.010, 18 AAC 72.210, or an approved contaminated site cleanup plan under 18 AAC 75 or 18 AAC 78;

(4) disposal that is governed by a permit issued under 18 AAC 62 or under 40 C.F.R. Part 264 or 40 C.F.R. Part 265, revised as of July 1, 1998, adopted by reference;

(5) disposal under an underground injection permit issued under 42 U.S.C. 300h-4 (Safe Drinking Water Act);

(6) a person who transports solid waste to an approved facility;

(7) a facility that is used only for the disposal of material and waste exempted by 18 AAC 60.005(c);

(8) a transfer station, except one that is located at a facility otherwise subject to this section;

(9) a reuse, recycling, or resource recovery facility unless the department determines that the facility is causing or is likely to cause excessive odor or other problems such as combustion, blowing litter, water quality degradation, or vermin attraction;

(10) a solid waste treatment works or a solid waste treatment facility that is designed to treat less than five tons of waste daily, unless the treatment works or facility

(A) treats sewage solids or septage to create biosolids;

(B) treats medical waste, and is not contained within a hospital, medical office, laboratory, or other medical or research institution treating medical waste;

(D) treats a waste with characteristics similar to a waste described in (A), (B), or (C) of this paragraph, as determined by the department; or

(E) causes or contributes to a threat to public health, safety, or welfare, or the environment, or is operated in a manner that causes or contributes to a nuisance;

(11) drilling, trenching, and other activities described in AS 46.03.100(f) that are not subject to the permit requirements of AS 46.03.100;

(12) animal or fish waste disposed under 18 AAC 60.010(d) or (e);

(13) polluted soil that is polluted only because of a naturally occurring metal if the soil is returned to the location where the soil was excavated or taken to another area with an equal or greater concentration of the same metal;

(14) storage of drilling waste under 18 AAC 60.430;

(15) solid waste approved for use in a small or large structural fill project under 18 AAC 60.008; or

(16) solid waste approved for beneficial use as an ingredient in a manufactured product under 18 AAC 60.009;

(17) repealed 10/27/2017.

(b) If the department certifies an activity under 33 U.S.C. 1344 (Clean Water Act, section 404) and attaches conditions to that certification, and if the department decides that certification may be substituted for a permit required under this chapter, the department will enforce the terms and conditions of the certification in the same way it would require compliance with a permit issued under this chapter for the same activity.

(c) The department will authorize the disposal of municipal solid waste in a Class III MSWLF meeting the requirements of 18 AAC 60.300(c)(3)(B), if

(1) the landfill serves an average daily population of fewer than 50 persons;

(2) the landfill is sited and operated in accordance with the requirements of this chapter;

(3) the owner or operator of the landfill

(A) submits for department review a completed authorization request form provided by the department and any other information that the department considers necessary to ensure that the landfill is sited and operated in accordance with the requirements of this chapter; and

(B) receives written notice from the department that the authorization request has been approved; and

(4) not later than 30 days before the end of each five-year period after the date of a previous authorization under this subsection, the owner or operator of the landfill confirms continued eligibility under (1) and (2) of this subsection by submitting the information that the department requests for that purpose.

(d) The department will authorize the disposal of solid waste in a one-time-use landfill, if

(1) the proposed location meets the requirements of 18 AAC 60.410;

(2) the proposed one-time-use landfill is associated with a project located in an area

(A) that does not have year-round ground access to a system of connected roads with a total length of 100 miles or more; or

(B) where all permitted landfills are more than 100 road miles away or have refused, in writing, to accept the waste;

(3) the owner or operator of the one-time-use landfill

(A) submits for department review a completed authorization request form provided by the department; on the form, the owner or operator must agree to open, operate, and close the landfill in accordance with

(i) the applicable provisions of 18 AAC 60.400 - 18 AAC 60.490 for the specific waste type; and

(ii) any other conditions that the department requires to ensure the protection of the public health, safety, and welfare and the environment;

(B) provides documentation to the department that the landowner consents to the proposed activity; and

(4) of the following solid waste types, the proposed landfill will receive only one single type at not more than the listed volume:

(A) 1,000 cubic yards of inert waste;

(B) 250 cubic yards of regulated asbestos-containing materials;

(D) an approved volume of any other solid waste that the department considers to pose a low risk to the environment; and

(5) the one-time-use landfill will be closed not later than one year from the date of initial waste disposal indicated in the authorization request, unless the owner or operator

(A) requests a longer term;

(B) demonstrates that a longer term is necessary to the project; and

(e) The department will issue a written authorization for a treatment works that will operate for less than one year if

(1) the owner or operator of the treatment works submits for department review a plan of operations that demonstrates

(A) that waste will be properly contained to prevent the release of any hazardous constituents;

(B) that the treatment will effectively reduce the volume or toxicity or change the characteristics of the waste to make the waste suitable for reuse or disposal;

(C) that the treatment works will prevent or control run-off that would violate the water quality standards of 18 AAC 70;

(D) that the treatment works will be managed so that the standards for disease vectors and animal control in 18 AAC 60.230 are met;

(E) that the treatment works will be operated to prevent odors, dust, and other nuisances;

(F) how treated wastes will be managed, handled, and stored until reused or disposed, and how treated wastes will be transported to the reuse or disposal facility;

(G) that the treatment works and all waste will be completely removed not later than one year after the date of the authorization; and

(H) that the plan addresses any other conditions that the department requires to ensure the protection of the public health, safety, and welfare and the environment; and

(2) the owner or operator of the treatment works provides documentation to the department that the landowner consents to the proposed activity.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.010 AS 46.03.010; AS 46.03.800; AS 46.06.080 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 4/12/2013, Register 206; am 10/27/2017, Register 224

18 AAC 60.203 Design approval

For facilities that require a permit or authorization under 18 AAC 60.200 or 18 AAC 60.211, the owner of the facility must have prior written approval from the department of the facility design in order to construct a new facility or a lateral expansion of an existing facility. Drawings, documents, and plans showing that the facility design will meet the applicable requirements of this chapter may be submitted for department approval either separately or as part of a permit application.

History

Authority: AS 46.03.010; AS 46.03.100; AS 46.06.080 AS 46.03.020; AS 46.03.710
Eff. 4/12/2013, Register 206

18 AAC 60.205 Solid waste management planning

Repealed.

History

Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163; repealed 9/5/2010, Register 195

18 AAC 60.207 Operation under a comprehensive solid waste management permit

(a) A person proposing to treat, transport, store, or dispose of solid waste in a manner requiring two or more permits under this chapter may submit a proposal to the department to operate the solid waste management system under an approved comprehensive solid waste management permit in lieu of individual permits for each facility.

(b) A person who submits a proposal under (a) of this section must explain how the waste will be treated, stored, transported, and disposed, and must identify any disposal sites. The comprehensive solid waste management permit is subject to the same public notice provisions as a solid waste disposal permit and to the fees specified in 18 AAC 60.700.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100
Eff. 9/7/2002, Register 163

18 AAC 60.210 Permit application

(a) A person required by 18 AAC 60.200 to have a permit shall submit a completed and signed application to the department as required by 18 AAC 15. Before submitting an application, the applicant shall schedule a preapplication scoping meeting with the department.

(b) Except for a request for authorization of a Class III MSWLF under 18 AAC 60.200(c), a request for authorization of a one-time-use landfill under 18 AAC 60.200(d), an application for a Class III MSWLF under 18 AAC 60.211, an application for a research, development, and demonstration permit under 18 AAC 60.213, or an application for biosolids that are to be applied to land under 18 AAC 60.510, an application for a permit or permit renewal must consist of

(1) a cover letter that contains

(A) a statement indicating the class of landfill or the type of operation for which the permit is sought, and evidence showing that the proposed facility meets the description of that type of facility in 18 AAC 60.005(a) or 18 AAC 60.300(c);

(B) a general narrative description of the site topography, geology, climate, surface hydrology, and groundwater hydrology;

(D) information required by 18 AAC 60.820(d) or 18 AAC 60.900 to support any waiver requested;

(2) completed permit application on a form supplied by the department, or on an equivalent form approved by the department;

(3) drawings, documents, and plans that demonstrate the applicant will meet the requirements of the applicable standards in this chapter pertaining to

(A) the location of the landfill;

(B) facility design features;

(D) monitoring for signs of pollution or other problems;

(E) closing landfills; and

(F) financial assurance for closure and post-closure activities;

(4) contour drawings and waste disposal volume estimates;

(5) closure and post-closure cost estimates;

(6) a disclosure of any anticipated future uses of the property;

(7) a copy of the deed to the property for the facility, or of some other instrument that is routinely examined during a title search and that identifies the landowner; that copy must be accompanied by a

(A) copy of any lease agreement that is clearly relevant to the proposed activity; or

(B) written statement signed by the landowner, showing that the landowner consents to the proposed activity, and agrees to the placement of a notation on the deed or other instrument as required by 18 AAC 60.395(i), 18 AAC 60.396(b), and 18 AAC 60.490; and

(8) the permit application review fee and any applicable one-time fees required under Table E-3 in 18 AAC 60.700(a).

(c) For a solid waste disposal facility or treatment works, the owner or operator shall ensure that a permit application or renewal described in this section is signed and sealed by a registered engineer verifying that the

(1) narrative description submitted to meet the requirements of (b)(1)(B) of this section is correct;

(2) drawings, documents, and plans submitted to meet the requirements of (b)(3)(C), (b)(3)(D), and (b)(4) of this section are complete and accurate;

(3) drawings, documents, and plans submitted to meet the requirements of (b)(3)(A) of this section clearly and accurately show how the facility will meet the requirements of this chapter;

(4) estimate and calculations submitted to meet the requirements of (b)(3)(B) and (b)(5) of this section are complete and correct; and

(5) closure plan submitted to meet the requirements of (b)(3)(E) of this section is feasible.

(d) If an application is deficient, the department will notify the applicant and will describe the deficiencies. When the deficiencies are corrected, the application will be considered complete for purposes of 18 AAC 15.050, and the department will continue processing the application.

History

Authority: AS 44.46.020; AS 46.03.010; AS 46.03.100 AS 44.46.025; AS 46.03.020; AS 46.03.110
Eff. 1/28/96, Register 137; am 6/28/96, Register 138; am 10/29/98, Register 148; am 7/11/99, Register 151; am 6/30/2002, Register 162; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 4/8/2012, Register 202; am 4/12/2013, Register 206; am 10/27/2017, Register 224; am 2/25/2022, Register 241

18 AAC 60.211 Class III community MSWLF permit application

(a) Except for a Class III MSWLF that meets the requirements of 18 AAC 60.200(c)(1), the owner or operator of a Class III MSWLF that meets the requirements of 18 AAC 60.300(c)(3)(B) must have a permit and must submit a complete permit application to the department as required under 18 AAC 15.020.

(b) An application for a new Class III MSWLF permit must be made on a form provided by the department. The form must be signed by the applicant or an authorized representative of the applicant and must include

(1) contact information for the owner and operator of the landfill;

(2) location information for the landfill property;

(3) documentation that identifies the landowner; if the landowner is different than the landfill owner, that documentation must be accompanied by a

(A) copy of a lease agreement that is clearly relevant to the proposed landfill; or

(B) written statement signed by the landowner showing that the landowner consents to locating a landfill on the property and agrees to the placement of a notation on the property deed as required under 18 AAC 60.396(b);

(4) a map of the landfill vicinity that includes the boundaries of the landfill property and depicts the location of and the distance to

(A) the nearest community;

(B) the nearest residential property;

(D) nearby surface water bodies; and

(E) any airport or landing strip within 10,000 feet of the landfill;

(5) a site plan for the proposed or existing landfill;

(6) an operations plan for the proposed or existing landfill that includes guidelines for the daily operations of the landfill; and

(7) an estimate of the costs for closing the landfill in accordance with the requirements of 18 AAC 60.390 and 18 AAC 60.396.

(c) An application for renewal of an existing permit for a Class III MSWLF must be made on a form provided by the department. The completed form must be submitted to the department not later than 30 days before the expiration date of the existing permit.

(d) The permit application for a new landfill or a renewal application that includes the lateral expansion of an existing landfill must include

(1) drawings, documents, and plans showing that the design for the new or expanded landfill will meet the applicable requirements of this chapter; or

(2) documentation that the design of the new or expanded landfill has been previously approved under 18 AAC 60.203.

(e) If an application is deficient, the department will notify the applicant and will describe the deficiencies. When the deficiencies are corrected, the application will be considered complete for purposes of 18 AAC 15.050, and the department will continue processing the application.

History

Authority: AS 44.46.020; AS 46.03.010; AS 46.03.100 AS 44.46.025; AS 46.03.020; AS 46.03.110
Eff. 4/12/2013, Register 206

18 AAC 60.213 Research, development, and demonstration permit

(a) The owner or operator of a permitted Class I MSWLF with a liner approved under 18 AAC 60.330 and a leachate collection system designed and constructed to maintain less than a 12-inch depth of leachate on the liner may apply for a research, development, and demonstration permit if the owner or operator proposes to utilize innovative and new methods that vary from one or more of the following requirements:

(1) the requirement to construct and maintain a run-on control system in accordance with 18 AAC 60.225(c);

(2) the restriction under 18 AAC 60.360(a)(1)(B) on the placing of bulk or noncontainerized liquid waste in the MSWLF.

(b) The application for a research, development, and demonstration permit must be submitted to the department using a form provided by the department. The application must include

(1) a cover letter that contains

(A) a statement that the applicant seeks a research, development, and demonstration permit;

(B) a statement that identifies the requirement listed in (a) of this section from which the applicant requests a variance; and

(2) documentation demonstrating that the leachate collection system is designed and constructed to maintain a leachate depth of less than 12 inches;

(3) a research plan that includes a detailed description of the proposed research project and a detailed statement of project goals;

(4) waste types and quantities that will be managed as part of the research, development, and demonstration project;

(5) an operation and contingency plan specific to the proposed research, development, and demonstration project;

(6) drawings that show changes to the facility based on the proposed research, development, and demonstration project;

(7) a monitoring plan that includes monitoring specific to the proposed research, development, and demonstration project;

(8) a corrective action plan that describes procedures that will be taken if the proposed research, development, and demonstration project results in landfill damage, environmental damage, or improper waste disposal; and

(9) other information that the department requests and that the department considers relevant to compliance by the applicant with this chapter.

(c) The department will assess a fee in accordance with Table E-1 in 18 AAC 60.700(a) for a research, development, and demonstration permit.

(d) In addition to applying the criteria in 18 AAC 60.215(a)(1) - (9), the department will issue a research, development, and demonstration permit only if the applicant demonstrates, to the department's satisfaction, that

(1) the proposed project includes a defined project goal and quantitative methods to measure progress toward that goal; and

(2) the criteria and innovative and new methods proposed for the project are at least as protective of human health and the environment as the criteria for a Class I MSWLF permit issued under this chapter.

(e) In a research, development, and demonstration permit, the department will include conditions that

(1) only allow the MSWLF to accept waste types and quantities relevant to the research proposal and approved by the department; and

(2) require, during the life of the permit, the submission of progress reports every six months; each progress report must include

(A) a description of progress towards the stated project goals;

(B) a summary of all monitoring and testing results;

(D) any problems encountered during the reporting period.

(f) The department will not issue a research, development, and demonstration permit for a term longer than three years. The department will not renew a permit

(1) more than three times; and

(2) unless the applicant submits a request for renewal in writing, using a form provided by the department; the request must include

(A) a detailed assessment of the project, showing the status with respect to achieving project goals, and a list of problems and progress towards resolution of those problems; and

(B) other information that the department requests and that the department considers relevant to compliance by the applicant with this chapter.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.010 AS 46.03.020; AS 46.03.800; AS 46.06.080
Eff. 9/5/2010, Register 195; am 10/27/2017, Register 224

18 AAC 60.215 Permit issuance

(a) Except for a research, development, and demonstration permit issued under 18 AAC 60.213, the department will issue or deny a permit after reviewing information contained in the application and the public record, based upon the

(1) applicable provisions of this chapter and 18 AAC 15;

(2) air quality control regulations in 18 AAC 50;

(3) water quality standards in 18 AAC 70;

(4) wastewater disposal regulations in 18 AAC 72;

(5) drinking water standards in 18 AAC 80;

(6) repealed 4/8/2012;

(7) Alaska Historic Preservation Act, AS 41.35.010 - 41.35.240;

(8) long-term stability of the facility and related structures in areas subject to natural events such as aufeis, floods, earthquakes, avalanches, landslides, mudflows, land slippage, or thaw-unstable permafrost; and

(9) applicant's compliance history while conducting other operations regulated by the department under this title, including any notice of violation, mandatory compliance order, consent order, and any other administrative, civil, or criminal enforcement action; an applicant's compliance history will constitute sufficient basis for denial of approval if, in the department's determination, that history shows a pattern or practice of noncompliance that demonstrates the applicant's unwillingness or inability to achieve or maintain compliance with the provisions of this chapter.

(b) The department will attach conditions to the permit

(1) to ensure compliance with applicable state law;

(2) that incorporate the standards of this chapter relating to siting, design, construction, operation, and closure of the facility; and

(3) to ensure that dust, odor, and safety hazards are kept to a minimum.

(c) The permittee shall provide timely, adequate notice to the department of any change in the permittee's mailing address or physical residence.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.010 AS 46.03.020; AS 46.03.800; AS 46.06.080
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/5/2010, Register 195; am 4/8/2012, Register 202

18 AAC 60.217 Separation from groundwater

A new unlined landfill or a lateral expansion of a landfill may not be located closer than 10 feet above the highest measured level of an aquifer of resource value unless the landfill is constructed two feet or more above the natural ground surface.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/29/98, Register 148; am 9/7/2002, Register 163

18 AAC 60.220 Access requirements

Except for a facility that treats or disposes of biosolids and is subject to 18 AAC 60.500 - 18 AAC 60.510, the owner or operator of a facility subject to the permit requirements of AS 46.03.100 or this chapter shall

(1) control public access;

(2) prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or both; the requirements of this paragraph do not apply to a Class III MSWLF unless it is connected to a major road system;

(3) ensure that public salvaging, if allowed, is performed in an area that does not hinder facility operations, create a safety hazard, or cause pollution; and

(4) ensure that access and onsite roads under the operator's control are kept passable and safe for vehicles during normal hours of operation.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148

18 AAC 60.225 Surface water requirements

(a) The owner or operator of a solid waste disposal facility may not allow the placement of solid waste in surface water unless that placement is allowed in a permit issued under AS 46.03.100 and this chapter.

(b) Except for an inert waste landfill, an asbestos landfill, or a Class III MSWLF that meets the standards in 18 AAC 60.300(c)(3)(B), the owner or operator of a landfill shall

(1) remove all ponded water that is in contact with waste within seven days after the formation of the pond unless another dewatering schedule is specified in a permit issued under AS 46.03.100 and this chapter;

(2) if the department determines that a control system for stormwater run-off is necessary to prevent the landfill contributing to siltation or flooding problems in nearby surface water bodies, construct and maintain a control system capable of containing and controlling the run-off from a 24-hour, 25-year storm; and

(3) prevent, contain, or control visible leachate seeps at the boundary of the waste management area.

(c) Except for a Class III MSWLF that meets the conditions of 18 AAC 60.300(c)(3)(B), or a Class I MSWLF with a research, development, and demonstration permit under 18 AAC 60.213 that allows the Class I MSWLF to utilize methods that vary from the requirements of this subsection, the owner or operator of a solid waste disposal facility shall construct and maintain a run-on control system that will prevent run-on from flowing onto the active portion of the facility. The control system must be capable of handling the peak discharge from a 25-year storm.

(d) The owner or operator of an inert waste landfill, an asbestos landfill, or a Class III MSWLF that meets the standards of 18 AAC 60.300(c)(3)(B) shall

(1) minimize contact between stormwater and the waste;

(2) construct and operate the landfill so that seasonal flooding is temporary in duration and ponded water is removed within 30 days; and

(3) prevent, contain, or control visible leachate seeps at the boundary of the waste management area if the department determines that leachate control measures are necessary to prevent a potential threat to public health, safety, or welfare.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.010 AS 46.03.020; AS 46.03.800; AS 46.06.080
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/5/2010, Register 195

18 AAC 60.227 Landfills located on permafrost

(a) The department will not approve the construction of a landfill on a site underlain by permafrost unless the owner or operator can demonstrate that a practical alternative to the site chosen does not exist.

(b) Landfills on permafrost must be designed and operated so that the permafrost remains frozen to the greatest extent practical, and water does not pool anywhere on the site.

(c) If a landfill underlain by permafrost begins to settle so that water is pooling on the site, the owner or operator shall take corrective action to eliminate all water pooling or close the landfill within 90 days after the pooling begins.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 9/7/2002, Register 163

18 AAC 60.228 Exemptions for freezeback landfills

(a) Subject to (d) of this section, the department will not require the installation of a liner, groundwater monitoring, or methane gas monitoring for a landfill located in permafrost regions if the owner or operator of the landfill demonstrates that

(1) the landfill site is designed, developed, and operated to prevent permafrost degradation and to ensure all of the waste will freeze with the permafrost and remain frozen;

(2) a sufficient number of temperature sensing devices are installed and monitored to detect any thawing in the waste;

(3) oils, liquids from spill cleanups, and waste that is incompatible with freezeback will not be placed in the landfill; and

(4) after closure, the waste will remain frozen.

(b) The owner or operator of a landfill that is subject to this section shall monitor for temperature and erosion during the active life and during post-closure of the landfill.

(c) If any portion of a landfill that is subject to this section thaws during the active life or during the post-closure care period, the owner or operator shall take corrective measures to re-freeze the waste or begin groundwater monitoring and corrective action in compliance with 18 AAC 60.800 - 18 AAC 60.860.

(d) For a Class I MSWLF, the demonstration required by (a) of this section must also contain the demonstration required by 18 AAC 60.820(d).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100; AS 46.06.080
Eff. 9/7/2002, Register 163; am 2/25/2022, Register 241

18 AAC 60.230 Disease vector, wildlife, and domestic animal control

(a) The owner or operator of a facility subject to the permit requirements of AS 46.03.100 and this chapter shall manage the facility so that

(1) disease vectors do not endanger public health, safety, or welfare or create a nuisance;

(2) wildlife and domestic animals do not endanger public health, safety, or welfare; become harmed by contact with the waste; or become a nuisance; the requirements of this paragraph do not apply to a Class III MSWLF.

(b) The owner or operator of a Class III MSWLF shall minimize, to the extent practical, access by wildlife and domestic animals to putrescible waste deposited at the MSWLF.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148

18 AAC 60.233 Controlling impacts outside facility boundaries

The owner or operator of a landfill or solid waste treatment works shall ensure that

(1) a minimum setback of 50 feet is kept between the waste management area and the property line of the facility; and

(2) dust, odor, noise, traffic, and other effects from the operation of the facility do not become a nuisance or a hazard to the public health, safety, or welfare.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/29/98, Register 148

18 AAC 60.235 Recordkeeping requirements

(a) The owner or operator of a facility subject to the permit requirements of this chapter shall maintain an "operating record." The record must be retained at a location that is readily accessible for department review and by employees working at the facility. The record must consist of

(1) the permit application and the permit;

(2) inspection records, training procedures, and notification procedures, if required by 18 AAC 60.240;

(3) any demonstration, certification, finding, monitoring, testing, or analytical data required by 18 AAC 60.800 - 18 AAC 60.860;

(4) any permit or record required under the Clean Water Act as that Act applies to leachate and stormwater discharges;

(5) financial assurance documentation, if required under 18 AAC 60.265;

(6) the operations plan required in 18 AAC 60.210(b)(3)(C) or 18 AAC 60.211(b)(6);

(7) as-built drawings of the landfill; and

(8) any other documents required by this chapter to be kept in the operating record.

(b) Upon request, the owner or operator shall furnish the operating record to the department, or shall make it available at reasonable times for department inspection.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 9/7/2002, Register 163; am 4/12/2013, Register 206

18 AAC 60.240 Procedures to exclude receipt of hazardous waste

(a) The owner or operator of a landfill shall

(1) post a clearly legible sign at the entrance to the landfill notifying users that disposal of regulated hazardous waste and polychlorinated biphenyls (PCB) waste is prohibited; and

(2) provide written notification to the department and EPA if a regulated hazardous waste or PCB waste is found at the facility.

(b) Except for a Class III MSWLF, the owner or operator of a landfill shall implement a program at the facility to detect and prevent the disposal of regulated hazardous waste and PCB waste as defined in 40 C.F.R. 761.3, revised as of July 1, 1998, adopted by reference. The program must include the following items at a minimum:

(1) random inspections of incoming loads or other methods to minimize the risk that incoming loads will contain a regulated hazardous waste or PCB waste;

(2) maintenance of records of any inspections performed under (1) of this paragraph; and

(3) training of appropriate facility personnel to recognize regulated hazardous waste and PCB waste; for purposes of this paragraph, training may include that described in the EPA's technical manual entitled Solid Waste Disposal Facility Criteria, Subpart C Operating Criteria, EPA 530-R-93-017, November 1993, as amended through April 13, 1998.

(c) The requirements of this section do not apply to a facility that treats or disposes of biosolids and is subject to 18 AAC 60.500 - 18 AAC 60.510.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151

18 AAC 60.243 Intermediate cover

(a) Except for a facility that treats or disposes of biosolids and is subject to 18 AAC 60.500 - 18 AAC 60.510 and a facility for disposal of waste that has a permit under AS 46.03.100 and this chapter to contain fluids, the owner or operator of a landfill shall apply an intermediate cover to any inactive portion of a landfill within seven days after the waste is last deposited in that area, using a soil material at least 12 inches thick, graded to prevent water from ponding.

(b) For purposes of this section, "inactive portion" means an area of a landfill that does not receive waste for a period of 90 days or more.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/29/98, Register 148

18 AAC 60.245 Prompt closure

(a) Except where a different time is specified in 18 AAC 60.395(f) or is otherwise approved by the department, the owner or operator of a landfill shall place the final cover on those waste management areas that have reached final elevation within 90 days after the last waste placement.

(b) The requirements of this section do not apply to an inactive drilling waste disposal site.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.250 Existing permits and permit renewal

(a) In addition to the requirements of this section, permit renewal under this chapter is also subject to the permit renewal requirements of 18 AAC 15 and the fee requirements of 18 AAC 60.700.

(b) If an applicant for permit renewal must undertake a construction project or needs additional time to install monitoring or other equipment, the department will negotiate a compliance schedule as part of the renewal.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.810 AS 44.46.025; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110
Eff. 1/28/96, Register 137; am 6/28/96, Register 138; am 9/7/2002, Register 163

18 AAC 60.255 General permit

(a) The department will issue a general permit covering a group of facilities subject to the permit requirements of this chapter, or to a group of activities, if the facilities or activities in the group

(1) involve the same type of waste handling systems;

(2) dispose of the same type of solid waste;

(3) will not threaten public health, safety, welfare, or the environment; and

(4) are, in the department's determination, best regulated under a general permit.

(b) The department will restrict a general permit to a limited region of the state if the department determines that the safe management and disposal of the waste depends on conditions found in that region and a general permit will protect the public health, safety, welfare, and the environment.

(c) An applicant for a general permit shall submit to the department a petition in which the applicant demonstrates that the facilities or activities to be covered meet the conditions described in (a) of this section. A general permit may be sought by a single owner or operator, but the department will give priority to applications jointly submitted by two or more owners or operators of facilities that would be subject to the general permit. If the department approves an application for a general permit under this section or, on its own motion, proposes to create a general permit, the department will publish notice of the proposed permit in two issues of a newspaper of general circulation in the area where the waste management is to take place and in other media that the department considers appropriate. The notice will summarize the proposed permit, state where the waste management is to be allowed, state where copies of the proposed permit and supporting documents may be obtained, and state that any person who wants to express an opinion to the department may send written comments to the department within 30 days. The department will send a copy of the public notice and the proposed general permit and supporting documents to the commissioners of

(1) fish and game;

(2) natural resources;

(3) deleted;

(4) commerce, community, and economic development; and

(5) health.

(d) After the time for public comment expires, the department will grant or deny the application for a general permit or, if the general permit is one proposed by the department, will issue the permit, or decide to take no action on the proposal. A copy of the department's decision will be sent to the applicant and to any person who submitted written comments on the proposed general permit. In the decision the department will include a statement that any person who is aggrieved by the decision may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

(e) A general permit will contain criteria by which facilities may qualify for coverage under the general permit. A person who seeks to be covered under a general permit issued under this section may submit an application to the department on a form provided by the department or in accordance with the conditions of the general permit. The application must be accompanied by the annual fee identified in Table E-4 in 18 AAC 60.700(a). In addition, the application must

(1) be submitted within the time period identified in the form for the general permit under which coverage is sought; and

(2) clearly show how the proposed activity meets the criteria and conditions of the general permit.

(f) The department will notify the applicant of its decision to grant or deny an application for coverage under a general permit not later than 30 days after receiving a complete application under (e) of this section. A person aggrieved by a decision to grant or deny an application for coverage under a general permit issued under this section may request informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340. Review is limited to whether the activity or facility that is the subject of the application for coverage is the type intended to be covered under the general permit and the appropriateness of any site-specific terms or conditions that are issued as part of the granting of the application for coverage under the general permit and that were not otherwise set out in the general permit. The terms of a general permit previously approved by department are not subject to review as part of an application for coverage decision under this subsection.

(g) Upon 30-days written notice to the permittee, the department will modify, revoke and reissue, or terminate the coverage of a general permit to a specific facility without opportunity for a pre-revocation hearing, and will require that facility to obtain an individual permit if operations under the general permit might threaten public health or the environment. Situations indicative of such a threat include the following:

(1) the facility does not comply with a material provision of the general permit;

(2) there is a material change in the operation or in the type or quantity of waste for which the general permit was issued; or

(3) the permit was procured by misrepresentation of material fact or by failure of the applicant to fully disclose the material facts relating to its issuance.

(h) Notwithstanding 18 AAC 15.195 - 18 AAC 15.340, a person who disagrees with a department action taken under (g) of this section may request review by the director of the department's division responsible for issuing permits under this chapter. A request under this subsection must be submitted within 30 days after the action is taken and must be accompanied by a written discussion that sets out the reasons why the department's action is thought to be erroneous. The director shall issue a written decision on the matter within 30 days after receiving the request. A decision under this subsection is a final agency decision subject to judicial review under the applicable Rules of Appellate Procedure.

(i) Repealed 9/5/2010.

(j) Beginning with the calendar year following the department's approval of an application for coverage under a general permit, the owner or operator shall pay the applicable annual fee within 60 days after the date of billing.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.010 AS 44.46.025; AS 46.03.110; AS 46.06.080 AS 46.03.010; AS 46.03.800 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 6/28/96, Register 138; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 7/11/2002, Register 163; am 9/5/2010, Register 195; am 4/8/2012, Register 202; am 10/27/2017, Register 224; am 11/5/2017, Register 224

18 AAC 60.260 Permit termination and modification

(a) Repealed 9/5/2010.

(b) No later than 30 days before terminating or modifying under AS 46.03.120 a permit issued under this chapter, other than a general permit subject to termination or modification under AS 46.03.120 and 18 AAC 60.255, the department will issue a written notice of termination or modification. In the notice, the department will

(1) include a clear, detailed statement describing reasons for the department's decision, including acts or omissions of the permittee that led to the department's decision to modify or revoke;

(2) clearly specify the statute, regulation, or permit condition the permittee is alleged to have violated, including the nature of the violation; and

(3) state that the permittee may request an expedited hearing before the office of administrative hearings (AS 44.64.010), if the request is submitted to the commissioner and the office of administrative hearings not later than 10 days after receipt of the notice; a request for an expedited hearing must include a written statement of reasons why the permittee believes the department's decision to be in error; failure to file a timely request for hearing constitutes a waiver of the permittee's right to a hearing; upon receipt of a timely request for an expedited hearing, the office of administrative hearings will schedule the request for an expedited hearing, conduct the expedited hearing under AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990, and forward a recommended decision to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the notice of termination or modification.

(c) An expedited hearing under this section will be held not later than 10 days after a request for an expedited hearing is received by the office of administrative hearings (AS 44.64.010) under (b) of this section, and the commissioner or the commissioner's designee will issue a final decision as provided in 2 AAC 64.340 after receiving a recommended decision from the office of administrative hearings following the hearing. A decision under this subsection is a final agency decision subject to judicial review.

(d) If the permittee and the department agree to delay the hearing for more than 30 days after the notice is issued under (b) of this section, the department's decision remains in effect unless the permittee requests and is granted a stay by the commissioner or commissioner's designee. A request for a stay must meet the requirements of 18 AAC 15.210.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.850 AS 46.03.010; AS 46.03.120 AS 46.03.020; AS 46.03.820
Eff. 1/28/96, Register 137; am 9/5/2010, Register 195; am 11/5/2017, Register 224

18 AAC 60.265 Proof of financial responsibility

The department will require proof of financial responsibility to cover the cost of closing a solid waste disposal facility or treatment works and the cost of post-closure monitoring. Proof of financial responsibility under this section may be demonstrated by self-insurance, insurance, surety, or other guarantee approved by the department to assure compliance with applicable closure standards and post-closure monitoring requirements.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.830 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 10/27/2017, Register 224

18 AAC 60.270 Termination of post-closure obligations

(a) Whether or not a permit required by this chapter has been issued, once waste disposal commences at a facility subject to this chapter, the owner and operator are subject to all applicable provisions of this chapter until the owner or operator of the facility requests, and is granted approval by the department to terminate post-closure care required by 18 AAC 60.396, 18 AAC 60.397, or 18 AAC 60.490.

(b) Within 30 days after receipt of a complete request, the department will review a request for approval to terminate post-closure care under the requirements of this chapter. The request must include

(1) a report on the findings of the post-closure monitoring;

(2) drawings, photographs, and other documentation concerning the condition of the landfill at the time of the request; and

(3) an analysis of any potential problems at the landfill, including settlement, erosion, cracking, and slope instability, and what evidence will indicate a problem has developed.

(c) The department will approve a request to terminate the post-closure care requirements if the department finds that the facility does not pose a threat to public health, safety, or welfare, or to the environment.

(d) If the department, after it approves a request under (c) of this section, determines that the circumstances under which the approval was granted have changed to the extent that the facility that was granted approval under (c) of this section poses a threat to public health, safety, or welfare, or to the environment, the owner or operator of the facility must comply with the provisions of 18 AAC 60.800 - 18 AAC 60.860.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 9/7/2002, Register 163

Article 3 Municipal Solid Waste Landfills

18 AAC 60.300 Purpose, scope, and applicability; classes of MSWLF

(a) The purpose of 18 AAC 60.300 - 18 AAC 60.397 is to establish minimum standards for owners and operators of municipal solid waste landfills (MSWLF). Location standards are established in 18 AAC 60.305 - 18 AAC 60.320. Design standards are established in 18 AAC 60.330. Operating standards, which must be applied in conjunction with 18 AAC 60.220 - 18 AAC 60.240, are established in 18 AAC 60.335 - 18 AAC 60.380. Closure standards, which must be applied in conjunction with 18 AAC 60.245, are established in 18 AAC 60.385 - 18 AAC 60.397.

(b) Except as otherwise specifically provided in this chapter, the standards described in (a) of this section apply to the owner or operator of a new or existing MSWLF or a lateral expansion.

(c) A Class I, Class II, and Class III MSWLF shall meet the specific requirements of 18 AAC 60.305 - 18 AAC 60.397. For purposes of this chapter, classifications are as follows:

(1) a Class I MSWLF is a landfill that

(A) accepts, for incineration or disposal, 20 tons or more of municipal solid waste and other solid wastes daily, based on an annual average; or

(B) does not qualify as a Class II or Class III MSWLF;

(2) a Class II MSWLF is a landfill that

(A) accepts, for incineration or disposal, less than 20 tons daily of municipal solid waste and other solid wastes based on an annual average;

(B) is located on a site where there is no evidence of groundwater pollution caused or contributed to by the landfill;

(C) is not connected by road to a Class I MSWLF or, if connected by road, is located more than 50 miles from a Class I MSWLF; and

(D) serves a community

(i) that experiences, for at least three months each year, an interruption in access to surface transportation, preventing access to a Class I MSWLF; or

(ii) with no practicable waste management alternative, with a landfill located in an area that annually receives 25 inches or less of precipitation; and

(3) a Class III MSWLF is a landfill that is not connected by road to a Class I MSWLF or, if connected by road, is located more than 50 miles from a Class I MSWLF, and that accepts, for disposal,

(A) ash from incinerated municipal waste in quantities less than one ton daily on an annual average, which ash must be free of food scraps that might attract animals; or

(B) less than five tons daily of municipal solid waste, based on an annual average, and is not located in a place

(i) where public access is restricted, including restrictions on the right to move to the place and reside there; or

(ii) that is provided by an employer and that is populated totally by persons who are required to reside there as a condition of employment and who do not consider the place to be their permanent residence.

(d) Under a schedule approved by the department, but no more than two years after a

(1) Class II MSWLF exceeds the limits set in (c)(2) of this section, the Class II MSWLF must meet the requirements for a Class I MSWLF; or

(2) Class III MSWLF exceeds the limits set in (c)(3) of this section, the Class III MSWLF must meet the requirements for a Class II MSWLF.

(e) In addition to receiving household waste, a MSWLF may also receive other types of waste regulated under 42 U.S.C. 6941 - 6949a (RCRA, Subtitle D), such as commercial solid waste, nonhazardous sludge, and industrial solid waste; a MSWLF may be publicly or privately owned.

(f) The owner or operator must provide written notification to the department within seven days after the owner or operator learns that a MSWLF has polluted, or may have polluted, an aquifer.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163

18 AAC 60.305 Airport safety

(a) The owner or operator of a new or existing MSWLF or a lateral expansion located within 10,000 feet of an airport runway end used by turbojet aircraft, or within 5,000 feet of an airport runway end used by only piston-type aircraft, shall demonstrate that the MSWLF is designed and operated so that it does not pose a bird hazard to aircraft.

(b) An owner or operator proposing to site a new MSWLF or a lateral expansion within a five-mile radius of an airport runway end used by turbojet or piston-type aircraft shall notify the affected airport and the Federal Aviation Administration at the time the permit application is submitted to the department.

(d) In this section,

(1) "airport" means a place for the landing and take-off of aircraft, which place is open to the public without prior permission; and

(2) "bird hazard" means an increase in the likelihood of bird-aircraft collisions that might cause damage to the aircraft or injury to its occupants.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.310 Floodplains

(a) The owner or operator of a new or existing MSWLF or a lateral expansion located in a 100-year floodplain shall demonstrate that the MSWLF will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste that would pose a hazard to public health or the environment.

(b) The owner or operator shall retain the documentation used to satisfy (a) of this section in the operating record.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.315 Wetlands

A new MSWLF or a lateral expansion of an existing MSWLF may not be located in wetlands, unless the owner or operator demonstrates that

(1) to the extent required by or under 33 U.S.C. 1344 (Clean Water Act, section 404), as amended through December 6, 1995, there is no practical alternative landfill site available except other wetlands;

(2) construction and operation of the MSWLF will not

(A) cause or contribute to a violation of an applicable water quality standard under 18 AAC 70;

(B) violate an applicable toxic effluent standard or prohibition set out in, or established under, 33 U.S.C. 1317 (Clean Water Act, section 307), as amended through December 6, 1995;

(C) jeopardize the continued existence of an endangered or threatened species or result in the destruction or adverse modification of a critical habitat protected under 16 U.S.C. 1531 - 1544 (Endangered Species Act of 1973), as amended through December 6, 1995; and

(D) violate a requirement of 33 U.S.C. 1401 - 1445 (Marine Protection, Research, and Sanctuaries Act of 1972), as amended through December 6, 1995, for the protection of a marine sanctuary;

(3) the MSWLF will not cause or contribute to significant degradation of wetlands; the owner or operator shall demonstrate the integrity of the MSWLF and its ability to protect ecological resources by addressing

(A) erosion, stability, and migration potential of

(i) native wetland soils, muds, and deposits used to support the MSWLF; and

(ii) dredged and fill materials used to support the MSWLF;

(B) the volume and chemical nature of the waste managed in the MSWLF;

(D) potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and

(E) any additional factors necessary to demonstrate that ecological resources in the wetland are sufficiently protected;

(4) to the extent required under 33 U.S.C. 1344 (Clean Water Act, section 404), as amended through December 6, 1995, or applicable state wetlands laws, steps have been taken to achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to wetlands to the maximum extent practical, then minimizing unavoidable impacts to the maximum extent practical, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practical compensatory mitigation actions such as restoration of existing degraded wetlands or creation of manmade wetlands; and

(5) sufficient information is available to fully support the demonstrations required under this section.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148

18 AAC 60.320 Fault areas, seismic impact zones, and unstable areas

(a) A new Class I MSWLF or a lateral expansion of an existing Class I MSWLF may not be located

(1) within 200 feet of a fault visible at the surface or shown on a published topographical or geological map, that has had displacement in Holocene time, unless the owner or operator demonstrates that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the MSWLF and will protect public health and the environment; or

(2) in a seismic impact zone, unless the owner or operator demonstrates that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in the lithified earth material for the site, as affected by site conditions, so that the landfill will continue to control pollution.

(b) The owner or operator of a new or existing MSWLF or a lateral expansion located in an unstable area shall demonstrate that engineering measures have been incorporated into the MSWLF's design to ensure that the integrity of the structural components of the MSWLF will not be disrupted. The owner or operator shall consider, at a minimum, the following factors to determine whether an area is unstable:

(1) known onsite or local soil conditions that more likely than not will result in differential settling or ground failure under static conditions during an earthquake;

(2) known onsite or local geologic or geomorphologic features that pose a potential risk to the integrity of containment structures; and

(3) known onsite or local human-made surface and subsurface features or events.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148

18 AAC 60.325 Permafrost landfills

Repealed.

History

Eff. 1/28/96, Register 137; am 10/29/98, Register 148; repealed 9/7/2002, Register 163

18 AAC 60.330 Design standards

(a) The design standards in this section supplement 18 AAC 60.220 - 18 AAC 60.230 and apply to a new Class I MSWLF or lateral expansion of an existing Class I MSWLF or a landfill that accepts polluted soil. These design standards apply to a Class II MSWLF and, if the department so decides, to a Class III MSWLF, only if the department

(1) has evidence that leachate from the site is polluting an aquifer of resource value; or

(2) finds that a liner and leachate collection system of appropriate design is necessary to protect public health or the environment.

(b) The owner or operator of a MSWLF subject to this section shall ensure that the MSWLF is constructed

(1) in accordance with a design approved by the department; the design must ensure that the maximum contaminant levels listed in 40 C.F.R. 258.40, Table 1, as amended through December 6, 1995, adopted by reference in this chapter, will not be exceeded in the uppermost aquifer at the relevant point of compliance, established in accordance with 18 AAC 60.825(c); or

(2) with a composite liner, described in (c) of this section, and a leachate collection system designed and constructed to maintain less than a 12-inch head of leachate over the liner.

(c) For purposes of (b)(2) of this section, a composite liner consists of a flexible membrane liner (FML) installed on top of, and in direct and uniform contact with a compacted soil layer. The FML must be at least 30 mils thick unless it is made of high density polyethylene (HDPE), which must be at least 60 mils thick. The compacted soil component layer must be at least two feet thick and must have a hydraulic conductivity of no more than 1 x 10-7 centimeters per second.

(d) In approving a design under (b)(1) of this section, the department will consider at least the following factors:

(1) the hydrogeologic characteristics of the facility and surrounding land;

(2) the climatic factors of the area; and

(3) the volume and physical and chemical characteristics of the leachate.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148

18 AAC 60.333 Air quality control

In addition to the applicable requirements of AS 46.03 and this chapter, certain MSWLFs are subject to applicable permit and other requirements of 18 AAC 50 dealing with air quality control if

(1) the landfill accepted waste on or after November 8, 1987; and

(2) the landfill design capacity meets either of the following:

(A) 2.5 million megagrams or larger; or

(B) 2.5 million cubic meters or larger.

History

Authority: AS 44.46.020; AS 46.03.080
Eff. 10/29/98, Register 148

18 AAC 60.335 Minimum operator qualifications for a Class I MSWLF

A Class I MSWLF must have at least one qualified landfill operator or manager on its staff at all times. For purposes of this section, "qualified" means a person who

(1) has at least two years of experience in operating or managing a landfill; and

(2) maintains a current certification as a landfill operator or manager from the Solid Waste Association of North America, or an equivalent certification approved by the department.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100
Eff. 1/28/96, Register 137

18 AAC 60.340 Cover material requirements for a Class I or Class II MSWLF

(a) Except as provided in (b) - (d) of this section, the owner or operator of a Class I or Class II MSWLF shall cover solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary to control disease vectors, fire, odor, blowing litter, animals, or scavenging.

(b) A solid waste management unit at a Class I or Class II MSWLF that is being filled with municipal waste combustion ash need not be covered unless blowing dust causes or contributes to a nuisance or a violation of the air quality standards of 18 AAC 50, or unless animals are feeding on unburned scraps in the waste. A municipal waste combustion ash monofill must be graded so that the surface will shed water.

(c) The department will approve an alternative material of an alternative thickness, other than that specified in (a) of this section, if the owner or operator demonstrates that the alternative material and thickness will control disease vectors, wildlife attraction, fire, odor, blowing litter, and scavenging, without posing a threat to public health or the environment.

(d) The department will waive the requirements of this section if the owner or operator demonstrates that there are extreme seasonal climatic conditions that make meeting the requirements impractical and that public health and the environment will not be adversely affected.

(e) The vertical face of a bale fill may remain uncovered unless the face exceeds 200 linear feet, has been inactive for at least seven days, or is causing animal attraction problems.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148

18 AAC 60.345 Cover material, working face, and litter control requirements for a Class III MSWLF

(a) The owner or operator of a Class III MSWLF shall cover disposed solid waste with six inches of earthen material, or an alternate material approved by the department, as needed to control disease vectors, fire, odor, blowing litter, and scavenging.

(b) The owner or operator shall ensure that the working face of the landfill is kept as small as practical to reduce the potential for windblown litter or attraction of birds and animals.

(1) controlled by fencing or another approved means; and

(2) removed from access roads and other areas of the facility.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110; AS 46.14.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.350 Control of explosive gases

Repealed.

History

Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163; repealed 2/25/2022, Register 241

18 AAC 60.355 Open burning

Notwithstanding any rule of 18 AAC 50 that permits open burning, open burning is prohibited at a Class I or Class II MSWLF.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.360 Liquids restrictions

(a) Bulk or noncontainerized liquid waste may not be placed in a MSWLF unless

(1) the waste is

(A) household waste other than septage; or

(B) leachate or gas condensate derived from the MSWLF, and the MSWLF is designed with a bottom liner that meets the standard set in 18 AAC 60.330(c); or

(2) the MSWLF is a Class I MSWLF with a research, development, and demonstration permit under 18 AAC 60.213 that allows the Class I MSWLF to utilize methods that vary from the requirements of (1)(B) of this subsection.

(b) A container holding liquid waste may not be placed in a MSWLF unless the container holds one gallon of liquid or less.

(c) The site operator shall keep records of leachate recirculation, including how much leachate was returned to the waste and when it was returned.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.010 AS 46.03.010; AS 46.03.800; AS 46.06.080 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/5/2010, Register 195

18 AAC 60.365 Co-disposal of sewage solids

(a) The requirements of this section apply to the owner or operator of a municipal solid waste landfill that co-disposes of sewage solids within the boundaries of the MSWLF.

(b) Sewage solids may not be placed in an active MSWLF if they are regulated hazardous wastes, are regulated under 18 AAC 60.020(a), or if they contain concentrations of polychlorinated biphenyls (PCB) wastes defined in 40 C.F.R. 761.3, revised as of July 1, 1998, adopted by reference.

(c) Sewage solids may not be placed in an active MSWLF if they contain "free liquids" as defined by EPA Method 9095 (Paint Filter Liquids Test), as described in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, (SW 846), Third Edition, including Final Update III (December 1996), adopted by reference.

(d) If sewage solids are placed in a MSWLF, the owner or operator shall meet the vector reduction requirement in 40 C.F.R. 503.33(b)(11), adopted by reference in 18 AAC 60.505, or one of the

(1) Class A or Class B pathogen reduction requirements in 40 C.F.R. 503.32, adopted by reference in 18 AAC 60.505; and

(2) the vector attraction reduction requirements of 40 C.F.R. 503.33(b)(1) - (10), adopted by reference in 18 AAC 60.505.

(e) The owner or operator of a Class III MSWLF may dispose of up to 2,500 gallons of septage per day in trenches at the landfill if the owner or operator

(1) constructs and fills one septage disposal trench at a time, ensuring that the trench has at least one square foot of wetted surface for each gallon of material disposed on any day;

(2) maintains at least a four-foot separation distance between the seasonal high groundwater and the base of the trench;

(3) constructs each trench in sandy soil with a hydraulic conductivity no less than 1 x 104 centimeters per second and no greater than one centimeter per second;

(4) adds hydrated lime or quicklime in a dry form so that a pH of 12 is maintained in the septage for at least 30 minutes; and

(5) ensures that septage does not overflow the trench or accumulate more than four feet in depth of liquid.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163

18 AAC 60.370 Controlling effects outside facility boundary

Repealed.

History

Eff. 1/28/96, Register 137; repealed 10/29/98, Register 148

18 AAC 60.375 Corrective action at a MSWLF

The owner or operator of a MSWLF shall implement corrective action at the facility when required by 18 AAC 60.800(e), 18 AAC 60.810(j), or 18 AAC 60.860.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.09.020 AS 46.03.010; AS 46.03.800 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 2/25/2022, Register 241

18 AAC 60.380 MSWLF recordkeeping requirements

In addition to the requirements of 18 AAC 60.235, the owner or operator of a MSWLF shall keep the following records, if applicable, in the facility's operating record:

(1) a location restriction demonstration as required under 18 AAC 60.305 - 18 AAC 60.320;

(2) records of gas monitoring and corrective action related to gas problems as required in 18 AAC 60.805;

(3) the documentation for any remediation plan required by 18 AAC 60.805(h);

(4) leachate recirculation records as required by 18 AAC 60.360(c).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 2/25/2022, Register 241

18 AAC 60.385 Closure of existing MSWLF

(a) The owner or operator of a MSWLF existing on 1/28/96, who cannot make the demonstration required by AAC 60.305 regarding airports, 18 AAC 60.310 regarding floodplains, or 18 AAC 60.320(b) regarding unstable areas shall close the MSWLF within one year after that date. Closure must be consistent with the requirements of 18 AAC 60.245 and, as applicable, 18 AAC 60.390 or 18 AAC 60.395, and shall include post-closure care as required by 18 AAC 60.397.

(b) The department will extend the deadline for closure required by (a) of this section for up to two years if the owner or operator demonstrates that there is no

(1) available alternative disposal capacity; and

(2) immediate threat to public health or the environment.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137

18 AAC 60.390 Closure standards for a Class III MSWLF

(a) Closure of a Class III MSWLF must conform to the requirements of this section and 18 AAC 60.396. The final cover on a Class III MSWLF must be soil or another material approved by the department. The final cover must be at least 24 inches thick, or another thickness approved by the department, must be graded to promote drainage without erosion, and must be revegetated or otherwise treated in a manner appropriate to the anticipated, future long-term use of the facility.

(b) Within 90 days after closure of a Class III MSWLF, the owner or operator shall submit written notification to the department that closure has been completed as required by (a) of this section.

(c) The owner or operator shall establish permanent markers or survey monuments, if there are no readily observable, existing monuments or markers, from which the exact location of a facility and each closed portion of the facility can be determined.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 9/7/2002, Register 163; am 4/12/2013, Register 206

18 AAC 60.395 Closure standards for a Class I or Class II MSWLF

(a) Closure of a Class I or Class II MSWLF must conform to the closure plan prepared under (c) of this section and submitted under 18 AAC 60.210(b)(3)(E). The owner or operator of a Class I or Class II MSWLF shall install a final cover system designed to minimize infiltration and erosion. The final cover system must be designed and constructed to

(1) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils;

(2) minimize infiltration through the closed MSWLF by use of an infiltration layer that contains a minimum of 18 inches of earthen material with a permeability no greater than 1 x 10-5 centimeters per second; and

(3) minimize erosion of the final cover by use of an erosion layer that contains a minimum of six inches of earthen material capable of sustaining native plant growth.

(b) The department will approve an alternative final cover design if the applicant demonstrates that the proposed design will protect public health and the environment and that it includes an

(1) infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in (a) of this section; and

(2) erosion layer that provides equivalent protection from wind and water erosion as the erosion layer specified in (a)(3) of this section.

(c) The owner or operator of a Class I or Class II MSWLF shall prepare a written closure plan that describes the steps necessary to close that person's MSWLF at any point during its active life in accordance with the cover design requirements of (a) or (b) of this section, as applicable. In addition to the information required by 18 AAC 60.210(b)(3)(E), the closure plan must include

(1) a description of the final cover, designed in accordance with (a) or (b) of this section, as applicable, and the methods and procedures to be used to install the cover;

(2) an estimate of the largest area of the MSWLF ever likely to require a final cover;

(3) an estimate of the maximum inventory of wastes ever likely to be onsite over the active life of the facility; and

(4) a schedule for completing all activities necessary to satisfy the closure standards in this section.

(d) Repealed 9/7/2002.

(e) Before beginning closure of a Class I or Class II MSWLF as specified in (f) of this section, the owner or operator shall submit written notification to the department of the intent to close the MSWLF.

(f) Notwithstanding 18 AAC 60.245(a), the owner or operator shall begin closure activities of a Class I or Class II MSWLF no later than 30 days after the date on which the MSWLF stops accepting waste or, if the MSWLF has remaining capacity and there is an investment-backed expectation that the MSWLF will receive additional waste, no later than one year after the most recent receipt of waste. The department will extend the one-year deadline for beginning closure if the owner or operator demonstrates that the MSWLF has the capacity to receive additional waste, and the owner or operator demonstrates a genuine intent to reopen the landfill and that, while temporarily closed, the owner or operator has taken and will continue to take all steps necessary to protect public health and the environment.

(g) The owner or operator of a Class I or Class II MSWLF shall complete closure activities of the MSWLF in accordance with the closure plan and within 180 days after beginning closure. The department will extend the closure period if the owner or operator demonstrates that it is not economically or practically feasible to complete closure in 180 days and the owner or operator has taken and will continue to take all steps necessary to protect public health and the environment.

(h) After closure of a Class I or Class II MSWLF, the owner or operator shall submit written notification to the department that a certification verifying completion of closure in accordance with the closure plan has been placed in the operating record. The certification must be signed and sealed by a registered engineer or must be approved by the department.

(i) After closure of a Class I or Class II MSWLF, the owner or operator shall record a notation on the deed to the landfill facility property, or some other instrument that is normally examined during a title search, and submit written notification to the department and the landowner that the notation has been recorded and that a copy has been placed in the operating record. The notation on the deed must, in perpetuity, notify any potential purchaser of the property that

(1) the land was used as a MSWLF; and

(2) use of the land is restricted under 18 AAC 60.397(c)(3).

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163

18 AAC 60.396 Post-closure care requirements for a Class III MSWLF

(a) For at least 60 consecutive months immediately following the closure of a Class III MSWLF, the owner or operator shall conduct visual inspections of the facility at least once every 12 months as described in 18 AAC 60.800. If surface water or groundwater monitoring was required by the department during the active life of the MSWLF, those activities must continue during the post-closure period for visual inspections required under this section.

(b) As soon as practicable, but no later than the conclusion of the post-closure period for visual inspection required under (a) of this section, the owner or operator shall record a notation on the deed to the property for the facility, or some other instrument that is routinely examined during a title search. The owner or operator shall provide written notification to the department and the landowner that the notation required by this subsection has been recorded and that a copy has been placed in the operating record of the facility. The notation on the deed or other instrument must notify, in perpetuity, any potential purchaser or lease holder of the property that

(1) the property was used as a Class III MSWLF;

(2) the property may not be suitable for some uses;

(3) maintenance and repairs to the property might become necessary to prevent pollution problems at the site; and

(4) any activity that results in damage to the final cover of the property must be corrected to control potential pollution problems.

(c) After the conclusion of the post-closure period for visual inspections required under (a) of this section, the owner or operator shall submit a report to the department that contains

(1) photographs of the facility;

(2) a description of any problems detected during visual monitoring; and

(3) all water monitoring data collected.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/29/98, Register 148; am 7/11/99, Register 151

18 AAC 60.397 Post-closure care requirements for a Class I or Class II MSWLF

(a) Except as provided in (b) of this section, after closure of a Class I or Class II MSWLF, the owner or operator shall conduct post-closure care for at least 30 years. At a minimum, the owner or operator shall, as part of post-closure care,

(1) maintain the integrity and effectiveness of any final cover, including

(A) making repairs to the cover as necessary to correct the effects of settlement, subsidence, erosion, or other events; and

(B) preventing run-on and run-off from eroding or otherwise damaging the final cover;

(2) maintain and operate any existing leachate collection system constructed under 18 AAC 60.330 or 18 AAC 60.375; the department will allow the owner or operator to stop managing leachate if the owner or operator demonstrates that leachate no longer poses a threat to public health or the environment;

(3) monitor the groundwater as required by 18 AAC 60.820 - 18 AAC 60.860, and maintain the groundwater monitoring system, if applicable; and

(4) maintain and operate any existing gas monitoring system as implemented under 18 AAC 60.805.

(b) The length of the post-closure care period will be

(1) decreased if the owner or operator demonstrates that the reduced period is sufficient to protect public health and the environment; or

(2) increased if the department finds that a longer period is necessary to protect public health and the environment.

(c) The owner or operator of a Class I or Class II MSWLF shall prepare a written post-closure plan that includes, at a minimum, the following information:

(1) a description of the monitoring and maintenance activities required under (a) of this section for each Class I or Class II MSWLF, and the frequency at which these activities will be performed;

(2) the name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and

(3) a description of the planned uses of the property during the post-closure period; post-closure use of the property may not disturb the integrity of the final cover, liner, or any other component of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements in this chapter; the department will approve any other disturbance if the owner or operator demonstrates that disturbance of the final cover, liner, or other component of the containment system, including removal of waste, will not increase the potential threat to public health or the environment.

(d) If the owner or operator of a Class I or Class II MSWLF does not have an approved post-closure plan, a post-closure plan must be submitted to the department and placed in the operating record no later than April 28, 1996.

(e) After completion of the post-closure care period for a Class I or Class II MSWLF, the owner or operator shall certify to the department that post-closure care has been completed in accordance with the post-closure plan. The certification must be signed and sealed by a registered engineer or must be approved by the department.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 2/25/2022, Register 241

18 AAC 60.398 Financial assurance for a Class I or Class II MSWLF

The owner or operator of a Class I or a Class II MSWLF shall meet the financial assurance requirements of 40 C.F.R. 258, Subpart G, revised as of July 1, 1998, adopted by reference.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/29/98, Register 148; am 7/11/99, Register 151

Article 4 Monofills

18 AAC 60.400 Applicability

(a) In addition to the requirements of 18 AAC 60.005 - 18 AAC 60.265 and 18 AAC 60.800 - 18 AAC 60.860, the requirements of 18 AAC 60.400 - 18 AAC 60.495 apply to a person who disposes of waste that is subject to the permit requirement of AS 46.03.100, but that is not

(1) municipal solid waste subject to 18 AAC 60.300 - 18 AAC 60.397;

(2) regulated hazardous waste or waste identified as hazardous waste under 18 AAC 62.201 - 18 AAC 62.299;

(3) being disposed of under a wastewater disposal permit issued under 18 AAC 72; or

(4) subject to a plan approved under 18 AAC 75 or 18 AAC 78 for oil or other hazardous substances.

(b) A solid waste that is not specifically addressed in 18 AAC 60.400 - 18 AAC 60.495 will be classified by the department and assigned the most applicable waste category during the preapplication meeting conducted under this chapter.

(c) If an applicant is not sure which type of landfill standards apply, the applicant shall contact the department for a determination before applying for a permit.

(d) Repealed 10/29/98.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 8/8/2003, Register 167; am 9/5/2010, Register 195; am 6/1/2025, Register 254

18 AAC 60.410 Location standards

(a) A new landfill and each lateral expansion of an existing landfill subject to the requirements of 18 AAC 60.400

(1) may not be constructed on slopes greater than 10 percent grade or unstable soils that might cause the waste to slide or settle excessively; and

(2) must comply with the requirements for

(A) wetlands in 18 AAC 60.315; and

(B) fault areas, seismic impact zones, and unstable areas in 18 AAC 60.320.

(b) Except for a mining waste tailings impoundment operating under a permit issued by the department, the owner or operator of a monofill located in a floodplain shall remove the waste or ensure that the monofill

(1) does not restrict the flow of a flood or significantly reduce the temporary water storage capacity of the floodplain; and

(2) is designed to protect against washout of solid waste from the facility.

(c) A new monofill, or a lateral expansion of a monofill, that is subject to 18 AAC 60.400 - 18 AAC 60.495 must be designed to protect its integrity from damage caused by natural events that could be reasonably anticipated to occur at the facility, such as aufeis, floods, earthquakes, thawing of unstable permafrost, and the effects of freezing and thawing.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100
Eff. 1/28/96, Register 137; am 10/27/2017, Register 224

18 AAC 60.420 Operations

(a) A monofill must be operated so that

(1) dust, odor, noise, traffic, and other effects from facility operations do not become a nuisance or hazard to the health, safety, or property of persons outside the boundary of the facility; and

(2) litter is controlled by fencing or another approved means, and is removed from access roadways and other areas in the facility.

(b) Except for drilling wastes, bulk liquid wastes and containerized liquid wastes may not be placed in a monofill unless authorized by a permit issued by the department.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100
Eff. 1/28/96, Register 137

18 AAC 60.430 Drilling waste temporary storage facility

(a) Except for an inactive reserve pit subject to 18 AAC 60.440, the owner or operator of a drilling waste temporary storage facility shall meet the storage requirements of this section.:

(b) A person who plans to store drilling waste during drilling operations, in a manner that does not require a permit under 18 AAC 60.200, must submit a storage plan to the department not later than 30 days before operations are planned to begin. Storage may not begin until the department has approved the plan. A plan submitted under this subsection must include

(1) the name, address, telephone number, and affiliation of each person responsible for conducting the drilling activity;

(2) the location and type of each storage container;

(3) plans and material specifications to be used in the construction of each lined containment structure to be used for temporary storage;

(4) methods to be used to prevent the discharge of drilling waste or leachate to the land or water of the state;

(5) the name and location of each facility to which stored drilling waste will be transferred;

(6) the anticipated dates of storage and waste removal;

(7) the location of the ultimate disposal of the drilling waste; and

(8) certification that the waste will be removed from the property not later than one year after the date of issuance of the approval.

(c) Each containment structure under (b)(3) of this section must conform to the following standards unless the department provides written approval of an alternate plan that will protect the public health, safety, and welfare, and the environment in a similar manner:

(1) a containment structure must be sized to contain all the waste and any anticipated precipitation that may accumulate in the area with a minimum of two feet of freeboard;

(2) a containment structure must be leakproof;

(3) liner material must be compatible with petroleum hydrocarbons, drilling waste, and any other material that might be deposited into the temporary structure; and

(4) liner material must be a flexible geomembrane liner that is at least

(A) 30 mils in thickness; or

(B) 60 mils in thickness, if it consists of high density polyethylene (HDPE).

(d) After removal of drilling waste from a storage area, the person conducting the activity shall

(1) conduct a visual site inspection to verify that all drilling waste has been removed from the site; and

(2) submit written notification to the department not later than seven days after the final site inspection and provide information regarding drilling waste volume and the final disposition of the transferred drilling waste.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 10/27/2017, Register 224

18 AAC 60.432 Drilling waste landfill

(a) The owner or operator of a drilling waste landfill shall meet the operating requirements of this section. The owner or operator shall

(1) accept only drilling waste that meets the exclusion criteria of 40 C.F.R. 261.4(b)(5), revised as of July I, 1998 and adopted by reference, or other materials as authorized by the department;

(2) keep to a minimum the introduction of extraneous liquids;

(3) operate in accordance with a department-approved fluid management plan; and

(4) operate with a minimum of two feet of freeboard.

(b) The owner or operator shall ensure that the drilling waste landfill is designed to

(1) contain the total volume necessary for drilling waste disposal and emergency relief volume;

(2) prevent overflow from, or damage to, containment structures or other waste management areas, from operations, annual average precipitation, wind action, or wave action;

(3) ensure that drilling waste, leachate, or eroded soil from the drilling waste landfill does not impact groundwater or surface water quality and establish a monitoring program in compliance with 18 AAC 60.810 - 18 AAC 60.860;

(4) ensure that each containment structure will support and maintain the integrity of the liner throughout the life of the facility, including post-closure; and

(5) ensure that any liner used

(A) is designed and installed to remain in place during the active life of the drilling waste landfill and any post-closure care period;

(B) will prevent drilling waste or leachate from escaping from the containment structure or other waste management area; and

(C) is constructed of materials that are chemically, physically, and biologically compatible with the disposed drilling waste and its leachate.

(c) The plans for the proposed design and construction of the drilling waste landfill and the fluid management plan must be signed and sealed by a registered engineer and approved by the department under 18 AAC 60.203 before construction.

(d) The containment system for a new or lateral expansion of a drilling waste landfill, constructed after October 27, 2017, must

(1) include a double liner consisting of two distinct geomembrane liners, each capable of independently containing waste, and that are each at least

(A) 30 mils in thickness; or

(B) 60 mils in thickness, if each liner consists of high density polyethylene (HDPE); and

(2) be selected, constructed, installed, and maintained in accordance with industry standards.

(e) The owner or operator shall install a system designed to detect fluids between the two layers of liner to detect any leakage of the primary liner.

(f) In addition to meeting the requirements of (d) and (e) of this section, the owner or operator of a dri11ing waste landfill or facility sited in a permafrost region shall

(1) ensure that it is designed such that the underlying permafrost will not thaw;

(2) ensure that the liner is compatible with the range of temperatures present in the permafrost zone; and

(3) install and monitor a subsurface thermal monitoring system designed to detect thawing of the permafrost.

(g) The owner or operator of a drilling waste landfill shall

(1) conduct visual monitoring as described in 18 AAC 60.800(a); and

(2) sample and analyze groundwater or surface water as required under 18 AAC 60.810 - 18 AAC 60.860.

(h) At the closure of a drilling waste landfill, except for an inactive reserve pit subject to 18 AAC 60.440, the owner or operator shall

(1) remove all pumpable fluids, resulting in a waste that is in a non-liquid condition;

(2) take appropriate measures to ensure that the contents of a containment structure are of sufficient compressive strength to support a cap while maintaining the proposed design contour;

(3) in accordance with a department-approved closure plan, construct a cap that is designed to

(A) have a hydraulic conductivity less than or equal to the hydraulic conductivity of the containment liner;

(B) withstand erosion, cracking, adverse effects of freeze-thaw cycles, frost heaves, and other events that might cause degradation or damage to the cap's barrier layer; and

(i) 30 mils in thickness or

(ii) 60 mils in thickness if the cap is constructed of high density polyethylene (HDPE); and

(4) ensure that the cap is revegetated or otherwise treated in a manner appropriate to the long-term use of the facility.

(i) After closure of the drilling waste landfill, the owner or operator shall

(1) meet the closure demonstration and post-closure care requirements of 18 AAC 60.490;

(2) prepare logs and submit written reports of inspections, with photographs of the disposal site;

(3) maintain the integrity of the final cover, slopes, drainage structures, liners, caps, groundwater monitoring devices, and thermal monitoring devices;

(4) if a containment structure or other waste management area is located in permafrost, ensure that the drilling wastes do not cause thawing of the permafrost; and

(5) establish permanent markers or survey monuments, if there are no readily observable existing monuments or markers, from which the exact location of a facility and each closed waste management area in the facility can be determined.

(j) After completion of the post-closure care period for a drilling waste landfill, the owner or operator shall certify to the department that post-closure care has been completed in accordance with the department-approved post-closure plan. The certification must be signed and sealed by a registered engineer and must be approved by the department.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/27/2017, Register 224; am 2/25/2022, Register 241

18 AAC 60.440 Closure of inactive reserve pits

(a) An inactive reserve pit must be closed in accordance with this section unless the pit was previously closed under approval from the department.

(b) For an inactive reserve pit that is discovered on or after October 27, 2017, the owner or operator of an inactive reserve pit shall submit a closure plan to the department that includes

(1) specific location data, including global positioning system (GPS) coordinates of the four corners of the reserve pit,

(2) a map showing all surface water within 1,000 feet of the inactive reserve pit;

(3) a detailed description or photographs demonstrating the existing site conditions and indicating any potential exposed drilling waste, ponding, or signs of ponding within the boundaries of the inactive reserve pit;

(4) analytical data, including parameters specified by the department, for surface water located within 1,000 feet of the inactive reserve pit, including any surface water within the inactive reserve pit; and

(5) a proposal to either

(A) perform a corrective action under (c) and (d) of this section; or

(B) if no water is present within the reserve pit and no drilling waste is evident on the surface at the site, request permanent closure of the inactive reserve pit under (e) of this section.

(c) The owner or operator of an inactive reserve pit for which corrective action is required shall submit a plan to the department at least 90 days before the proposed initiation of the corrective action. The plan must include

(1) a description of the proposed corrective action and the overall project goals;

(2) a map that shows each location of each inactive reserve pit that will be included in the corrective action;

(3) a detailed description of the existing site conditions and inactive reserve pit conditions and any previous monitoring results;

(4) plan view and cross-sectional drawings that clearly show how the corrective action will be conducted;

(5) a description of soil and water sampling that will be conducted in support of the corrective action; and

(6) an estimate of the timeframe under which the corrective action will be performed.

(d) The owner or operator may not initiate corrective action until the department has approved the corrective action plan.

(e) The department may issue permanent closure approval for an inactive reserve pit if

(1) the owner or operator demonstrates, to the satisfaction of the department, that the inactive reserve pit does not pose any risk to public health or the environment; or

(2) the corrective action plan under (c) of this section is implemented and the action is demonstrated to the satisfaction of the department to eliminate, mitigate, or abate the risk to public health and the environment present at the site.

(f) If the owner or operator seeking permanent closure approval is not the landowner of record, the owner or operator shall provide proof that the landowner has been notified of the request for permanent closure approval.

(g) If conditions at an inactive reserve pit closed under (e) of this section change in a way that makes corrective action necessary to protect public health and the environment, the department may require further investigation, assessment, monitoring, or remediation.

(h) The department will apply a fee described in 18 AAC 60.700(g)(1)(A) for any action taken by the department for closure or corrective action plan review, oversight of corrective action, monitoring review, department inspections, issuance of permanent closure approval, or any other action under this section.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.800 AS 44.46.025; AS 46.03.100; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 6/30/2002, Register 162; am 10/27/2017, Register 224

18 AAC 60.450 Asbestos

(a) Waste that includes regulated asbestos-containing material (RACM) waste must be managed in a manner that prevents the release of asbestos fibers to the air or to surface water and must be disposed of in an approved RACM landfill. Non-RACM waste may be disposed of in a municipal solid waste landfill if

(1) the landfill has a permit issued under this chapter;

(2) the waste is covered within 24 hours, using procedures that prevent the release of asbestos fibers to the air or to surface water; and

(3) no fires have occurred in the landfill for more than one year.

(b) A waste management area used for disposal of RACM must be located on undisturbed earth or stable fill. An asbestos waste management area may not be located in a manner that would preclude future closeout or remedial action at the facility. The limits of the asbestos disposal area must be marked on property survey records, and recorded on the property deed.

(c) The operator of a facility that is receiving RACM waste shall inspect each load of RACM waste to assure that the friable asbestos material is sealed in leak-proof bags or containers, labeled in accordance with 29 C.F.R. 1910.1001(j)(4), revised as of July 1, 1998, adopted by reference, and accompanied by a complete and accurate shipment record prepared in accordance with (e) of this section or a copy signed by the owner or operator of the facility; of the asbestos waste shipment record prepared by the transporter in accordance with 40 C.F.R. 61.149.

(d) At the end of each operating day, or at least once every 24 hours while disposal of RACM waste is occurring, the operator shall cover RACM waste that has been deposited at the landfill during the operating day or previous 24 hours with at least six inches of non-RACM material.

(e) For all RACM waste received, the owner or operator of the active landfill shall maintain, in the operating record, waste shipment records that include the

(1) name, address, and telephone number of the waste generator;

(2) name, address, and telephone number of the transporter;

(3) amount of asbestos-containing waste material, measured in cubic yards; and

(4) date of receipt.

(f) The owner or operator of a landfill in which RACM waste has been disposed of shall maintain in the operating record, until the landfill closure is complete, a map or diagram showing the boundaries of the asbestos waste management area, its depth, and the amount, in cubic yards, of the RACM waste located there.

(g) Except as provided in (f) of this section, the owner or operator shall retain a copy of all records required under this section for at least two years, and shall furnish them to the department upon request.

(h) The owner or operator shall submit a workplan for approval at least 45 days before excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at the landfill and covered. Department approval of the workplan is required before excavation may begin. If the excavation will begin on a date other than the one contained in the approved workplan, notice of the new date must be provided to the department at least 10 working days before excavation begins. Excavation may not begin earlier than the date specified in the approved workplan. A workplan submitted under this subsection must include the

(1) scheduled starting and completion dates;

(2) reason for disturbing the waste;

(3) procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material;

(4) location of any temporary storage site; and

(5) final disposal site.

(i) At closure of a waste management area containing RACM waste, a final cover of at least two feet of non-asbestos-containing soil must be placed on the area and revegetated. A permanent survey marker must be constructed at the site. Drawings showing the boundaries of the RACM waste management area must be filed with the department and attached to the property deed, with a written warning about health and safety hazards related to disturbing the site.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.14.110 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 7/11/99, Register 151

18 AAC 60.455 Mining waste

Except when the only chemical being used is a flocculent to enhance settling, tailings from hard rock mines, and tailings from placer mines that have been amalgamated or chemically treated, are subject to 18 AAC 60.010 - 18 AAC 60.265, 18 AAC 60.400 - 18 AAC 60.495, 18 AAC 60.700 - 18 AAC 60.730, and 18 AAC 800 - 18 AAC 60.860 as necessary to prevent a violation of the air quality standards in 18 AAC 50 or the water quality standards in 18 AAC 70. The department will, in its discretion, incorporate applicable provisions of this chapter into a wastewater permit issued under 18 AAC 72 or a solid waste disposal permit issued under this chapter.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.810 AS 44.46.025; AS 46.03.100 AS 46.03.010; AS 46.03.110
Eff. 1/28/96, Register 137; am 6/28/96, Register 138

18 AAC 60.460 Inert waste

(a) The requirements of this section do not apply to a waste management area where inert waste is disposed of within the boundaries of a MSWLF.

(b) Liners are not required at an inert waste monofill.

(c) If a groundwater monitoring system is required at an inert waste monofill under 18 AAC 60.820, detection monitoring under 18 AAC 60.840 and 18 AAC 60.850 during the active life of the monofill will be required only if the department

(1) determines that non-inert waste is or has been present at the site;

(2) detects evidence of a spill or groundwater contamination; or

(3) finds unexplained contamination in nearby wells.

(d) The owner or operator of an inert waste monofill who accepts combustible inert waste shall maintain fire control equipment and make it available to extinguish any fires that start.

(e) The owner or operator of an inert waste monofill shall construct a final cover of soil material at least 24 inches thick, graded to promote drainage without erosion, and shall revegetate it. The department will approve an alternate final cover design if the applicant demonstrates that the alternate design will protect public health, safety, and welfare, and the environment. After completion of the final cover on a monofill with a groundwater monitoring system, the owner or operator shall conduct detection monitoring at the frequency required by 18 AAC 60.825(i).

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 2/25/2022, Register 241

18 AAC 60.470 Sewage solids

(a) The requirements of this section apply to the owner or operator of a sewage solids monofill. If a sewage solids monofill is located within the boundaries of a MSWLF, it is considered co-disposal with municipal solid waste, and the requirements of this section do not apply. If sewage solids are co-disposed of in a MSWLF, the owner or operator shall meet the requirements of 18 AAC 60.365.

(b) Waste placed in a sewage solids monofill must be dewatered and contain at least 10 percent solids by weight. Sewage or septage less than five percent solids by weight will be regulated as wastewater under 18 AAC 72. Sewage or septage that is five percent or more, but less than 10 percent, solids by weight may be handled as wastewater or dewatered to contain at least 10 percent solids by weight.

(1) 500 or more feet from the property line of the facility, sewage solids may not be disposed of in the monofill if they contain arsenic, chromium, or nickel in concentrations greater than

(A) the limits established in Table A of this subsection; or

(B) site-specific limits established under (d) of this section; or

(2) less than 500 feet from the property line of the facility, sewage solids may not be disposed of in the monofill if they contain arsenic, chromium, or nickel in concentrations greater than

(A) the limits established in Table B of this subsection; or

(B) site-specific limits established under (d) of this section.

TABLE A

MAXIMUM ALLOWABLE POLLUTANT CONCENTRATIONS

IN SEWAGE SOLIDS PLACED IN A MONOFILL WITHOUT A

LINER AND LEACHATE COLLECTION SYSTEM AND WITH

A BOUNDARY 500 OR MORE FEET FROM THE FACILITY

PROPERTY LINE

Pollutant Concentration

(milligrams per kilogram*) Arsenic73Chromium600Nickel420*Dry weight basis

TABLE B

MAXIMUM ALLOWABLE POLLUTANT CONCENTRATIONS

IN SEWAGE SOLIDS PLACED IN A MONOFILL WITHOUT A

LINER AND LEACHATE COLLECTIONS SYSTEM

WITH A BOUNDARY LESS THAN 500 FEET FROM

THE FACILITY PROPERTY LINE

Unit boundary to

property line

distance (feet) POLLUTANT CONCENTRATION* Arsenic

(mg/kg) Chromium

(mg/kg) Nickel

(mg/kg) 0 to less than 823020021082 to less than 16434220240164 to less than 24639260270246 to less than 32846300320328 to less than 41053360390410 to less than 49262450420* Dry weight basis

(d) The owner or operator of a sewage solids monofill without a liner and leachate collection system may secure from the department site-specific pollutant limits by demonstrating, in a permit application, that site-specific limits are appropriate for that monofill because the limits of Table A or B, whichever is applicable, are not necessary to protect public health or the environment.

(e) If a sewage solids monofill does have a liner or leachate collection system, the

(1) system must be operated and maintained while the monofill is active and for five years after closure; and

(2) leachate must be collected and disposed of in accordance with the applicable requirements of 18 AAC 72 for the same period.

(f) Except as provided in a permit issued under 33 U.S.C. 1342 (Clean Water Act, section 402) and certified by the department, an active sewage solids monofill may not be located

(1) within 200 feet of a fault that has had displacement in Holocene time;

(2) in an unstable area; or

(3) in a wetland.

(g) The owner or operator shall maintain a minimum horizontal distance of 50 feet between the active sewage solids monofill and the facility's property line.

(h) Sewage solids may not be placed in a sewage solids monofill if likely to adversely affect a threatened or endangered species listed under 16 U.S.C. 1533 (Endangered Species Act, section 4) or its designated critical habitat. "Adversely affect" has the meaning developed under 16 U.S.C. 1536 (Endangered Species Act, section 7) and regulations adopted under that section.

(i) When sewage solids are placed in a monofill, the vector attraction reduction requirement in 40 C.F.R. 503.33(b)(11) must be met or one of the

(1) Class A or Class B pathogen reduction requirements of 40 C.F.R. 503.32 must be met; and

(2) vector attraction reduction requirements in 40 C.F.R. 503.33 (b)(1) - (b)(10) must be met.

(j) In addition to other applicable monitoring provisions of this chapter, the following monitoring requirements apply to a sewage solids monofill:

(1) the monitoring frequency set out in Table C of this subsection must be met for

(A) arsenic, chromium, and nickel concentrations in the solids being deposited in the monofill;

(B) the pathogen density requirements set out in 40 C.F.R. 503.32; and

TABLE C

FREQUENCY OF MONITORING - SEWAGE SOLIDS

MONOFILL

Amount of sewage solids1

(tons per 365-day period) Frequency Greater than zero but less than 330Once yearlyEqual to or greater than 330

but less than 1,650Once each quarter (4 times yearly)Equal to or greater than 1,650

but less than 16,500Once every 60 days (6 times yearly)Equal to or greater than 16,500Once monthly (12 times yearly)1 Amount of sewage solids placed in a sewage solids monofill (dry weight basis).

(2) after the sewage solids monofill has been monitored for two years at the frequency in Table C, the monitoring frequency for pollutants and pathogens may be reduced, but in no case may it be less than once in each year that sewage solids are placed in the monofill; and

(3) the owner or operator of a sewage solids monofill containing more than 2,500 cubic yards of solid waste must establish a continuous explosive gas monitoring station in any building closer than 500 feet from the solid waste disposal area.

(k) The owner or operator of a sewage solids monofill shall develop the following information and retain it for at least five years:

(1) the concentration of arsenic, chromium, and nickel determined under (j) of this section; and

(2) a record of how the requirements of this section are being met.

(l) A food crop, feed crop, or fiber crop may not be grown on an active sewage solids monofill unless the owner or operator demonstrates that, through management practices, public health and the environment are protected from any reasonably anticipated adverse effect of a biological organism in, or a hazardous constituent of, the sewage solids.

(m) Animals may not be grazed on an active sewage solids monofill unless the owner or operator demonstrates that, through management practices, public health and the environment are protected from any reasonably anticipated adverse effect of a biological organism in, or a hazardous constituent of, the sewage solids.

(n) In addition to the requirements of 18 AAC 60.245, the owner or operator of a sewage solids monofill shall submit a written closure and post-closure plan to the department at least 180 days before a monofill will be closed, and shall include, at a minimum,

(1) a description of the final cover and how it will be designed to meet the requirements of (o) of this section, prevent the release of pathogens or hazardous constituents, account for settling or subsidence of the monofill, and resist erosion to prevent damage to the final cover;

(2) a discussion of how the leachate collection system will be operated and maintained for at least three years after the monofill closes, if the monofill has a liner and a leachate collection system;

(3) a description of the system used to monitor for methane gas as required by (j)(3) of this section; and

(4) a discussion of how public access to the monofill will be restricted for at least three years after the facility is closed.

(o) The final cover must

(1) consist of soil or another material approved by the department;

(2) be at least 24 inches thick or another thickness approved by the department;

(3) be graded to promote drainage without erosion or ponding; and

(4) be revegetated.

(p) After completion of the final cover, the owner or operator of a sewage solids monofill with a groundwater monitoring system shall conduct detection monitoring at the frequency required by 18 AAC 60.825(i).

History

Authority: AS 44.46.020; AS 46.03.070; AS 46.03.800 AS 46.03.010; AS 46.03.100; AS 46.03.810 AS 46.03.020; AS 46.03.110; AS 46.14.110
Eff. 1/28/96, Register 137; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 2/25/2022, Register 241

18 AAC 60.480 Wood waste

(a) A wood waste monofill must be designed, constructed, and operated in a manner that will minimize water pollution and prevent combustion.

(b) A wood scrap larger than five cubic feet may not be placed in a wood waste monofill. A wood scrap larger than one cubic foot may not be placed in a wood waste monofill unless the volume of wood scraps is less than five percent of the volume of the fill. Butt ends and stumps may not be placed in a wood waste monofill.

(c) The department will require a liner at a new wood waste monofill if there is credible evidence indicating that an unlined monofill at that location will cause a violation of the water quality standards of 18 AAC 70.

(d) If there is credible evidence indicating that combustion is taking place within a wood waste monofill, the owner or operator of the site shall conduct thermal monitoring. If combustion is discovered, the owner or operator shall attempt to extinguish the combustion within 30 days. If the combustion cannot be extinguished within 90 days, the wood waste monofill must be excavated, the combustion must be extinguished, and the monofill must be managed in a manner that prevents combustion.

(e) The final cover must be constructed of soil material at least 24 inches thick, graded to promote drainage without erosion, and revegetated. The department will approve an alternate final cover design if the applicant demonstrates that the alternate design will protect public health and the environment. After completion of the final cover on a monofill with a groundwater monitoring system, the owner or operator shall conduct detection monitoring at the frequency required by 18 AAC 60.825(i).

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.06.080 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.810
Eff. 1/28/96, Register 137; am 2/25/2022, Register 241

18 AAC 60.485 Industrial solid waste

(a) The requirements of this section apply to the owner or operator of a monofill that accepts industrial solid waste.

(b) A new industrial solid waste landfill and a lateral expansion of an existing industrial solid waste landfill must be designed and constructed with a liner and leachate collection system that meet the standards in 18 AAC 60.330(b).

(c) Waste placed in an industrial solid waste landfill must be spread and compacted in a manner that minimizes future settlement and instability. The surface of the industrial solid waste landfill may not be sloped more steeply than a 3:1 grade.

(d) The owner or operator of an industrial waste monofill shall install a final cover system designed and constructed to minimize

(1) infiltration through the closed landfill by use of an infiltration layer that contains at least 18 inches of earthen material with a permeability no greater than 1 x 10-5 centimeters per second; and

(2) erosion of the final cover by use of an erosion layer that contains at least six inches of earthen material capable of sustaining native plant growth.

(e) The department will approve an alternative to the final cover design required under (d) of this section if the applicant demonstrates that the proposed design

(1) will protect public health, safety, and welfare, and the environment; and

(2) includes

(A) an infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in (d)(1) of this section; and

(B) an erosion layer that provides equivalent protection from wind and water erosion as the erosion layer specified in (d)(2) of this section.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 10/29/98, Register 148

18 AAC 60.490 Closure demonstration and post-closure care

(a) After closure of a monofill, the owner or operator shall record a notation on the deed to the property of the facility, or some other instrument that is routinely examined during a title search. The owner or operator shall provide written notification to the department and the landowner that the notation has been recorded and that a copy has been placed in the operating record of the facility. The notation on the deed or other instrument must explain, in perpetuity, to any potential purchaser or leaseholder of the property

(1) that the land has been used as a monofill;

(2) the type of waste that was placed in the monofill;

(3) the geographical boundaries of the waste management areas; and

(4) details of any final cover, cap, or other structures or devices installed as part of closure.

(b) The property owner may remove the notation required in (a) of this section from the deed or other instrument only if all wastes are removed from the property and the concentrations of any hazardous constituents then remaining do not exceed contemporary State of Alaska cleanup standards for contaminated sites.

(c) The owner or operator of a monofill shall conduct visual monitoring, for settlement and erosion, for at least 60 consecutive months immediately following the closure. The department will require periodic visual monitoring at a monofill for up to 360 consecutive months immediately following the closure, if based on the type of waste and the site's compliance history under this chapter, the department determines that the monitoring is necessary to protect the public health, safety, or welfare, or the environment. In addition to visual monitoring, the department will require groundwater, surface water, leachate, gas, and thermal monitoring at a monofill if the department finds that monitoring is necessary to protect the public health, safety, or welfare, or the environment. The department will also require additional monitoring and corrective action necessary to meet the standards in 18 AAC 60.800(e), 18 AAC 60.810(j), and 18 AAC 60.860. The department will extend the post-closure monitoring period if necessary to ensure that the facility will not harm the public health, safety, or welfare, or the environment. At the end of the post-closure period, the owner or operator shall submit a report to the department that describes site conditions and summarizes the information collected during post-closure period.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.080 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 10/27/2017, Register 224; am 2/25/2022, Register 241

18 AAC 60.495 Permafrost conditions

Repealed.

History

Eff. 1/28/96, Register 137; repealed 9/7/2002, Register 163

Article 5 Land Application of Biosolids

18 AAC 60.500 Applicability

(a) Except as provided in (c) of this section, the requirements of 18 AAC 60.500 - 18 AAC 60.510 apply to any person who

(1) prepares biosolids for application to land;

(2) applies biosolids to land; and

(3) owns or operates land on which biosolids are applied.

(b) Land application of biosolids includes

(1) spraying or spreading of biosolids onto the land surface;

(2) injection of biosolids below the land surface; and

(3) incorporation of biosolids into the soil so that the biosolids can either condition the soil or fertilize crops or vegetation grown in the soil.

(1) sewage solids disposed of in a sewage solids monofill under 18 AAC 60.470;

(2) sewage solids or biosolids disposed of in a facility permitted under 18 AAC 60.200 - 18 AAC 60.265;

(3) a process used to treat domestic sewage or biosolids before final use or disposal, except as provided in 40 C.F.R. 503.15, adopted by reference in 18 AAC 60.505;

(4) the selection of a biosolids use practice;

(5) the use of

(A) sewage solids generated at an industrial facility during the treatment of nondomestic wastewater, including sewage solids generated during the treatment of nondomestic wastewater combined with domestic sewage;

(B) sewage solids determined to be regulated hazardous waste;

(C) sewage solids with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 10 milligrams per kilogram of total solids (dry weight basis);

(D) ash generated during the firing of sewage solids in a solid waste processing facility;

(E) grit, including sand, gravel, cinders, or other materials with a high specific gravity, or screenings, including relatively large materials such as rags, generated during preliminary treatment of domestic sewage in a treatment works; and

(F) sludge generated during the treatment of surface water or groundwater used for drinking water.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 7/11/99, Register 151

18 AAC 60.505 General requirements

(a) Regulations of the federal government for land application of biosolids in 40 C.F.R. 503.8 (sampling and analysis), revised as of March 26, 2007, 40 C.F.R. 503.9 (general definitions), revised as of August 4, 1999, 40 C.F.R. Part 503, Subpart B (land application) and Subpart D (pathogens and vector attraction reduction), revised as of October 22, 2015, and 40 C.F.R. Part 503, Appendices A and B, revised as of August 4, 1999, are adopted by reference.

(b) A person may not apply biosolids to land unless

(1) the concentration of metals in the soil is below, and will remain below, the limits set in 40 C.F.R. 503.13, Table 1, revised as of August 4, 1999;

(2) the project is consistent with the management practices in 40 C.F.R. 503.14, revised as of August 4, 1999;

(3) the concentration of metals in the biosolids is less than the limits set in 40 C.F.R. 503.13, Table 1, revised as of August 4, 1999;

(4) the biosolids have been treated to meet the pathogen reduction requirements of 40 C.F.R. 503.15(a), revised as of August 4, 1999; and

(5) the biosolids have been treated to meet the vector attraction requirements of 40 C.F.R. 503.15(c), revised as of August 4, 1999.

(c) Except as provided in 18 AAC 60.510(b), a person may not place biosolids on the land of the state without first obtaining a permit from the department.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100; AS 46.03.810
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 10/27/2017, Register 224

18 AAC 60.510 Permit application

(a) Except as provided in (b) of this section, a person who prepares biosolids that are to be applied to land, or a person who applies biosolids to land, shall submit a completed permit application to the department as described in (c) of this section.

(b) A permit under this section is not required for biosolids bought, sold, or given away in a bag or other container if the generator demonstrates to the department's satisfaction that

(1) the material meets the Class A pathogen reduction requirements of 40 C.F.R. 503.32(a), adopted by reference in 18 AAC 60.505;

(2) the material meets one of the vector attraction reduction requirements in 40 C.F.R. 503.33(b)(1) - (b)(8), adopted by reference in 18 AAC 60.505;

(3) the concentration of each pollutant in the biosolids is less than the limit set in Table D of this subsection; and

(4) the material is free of excessive dust or strong odor.

TABLE D

MAXIMUM ALLOWABLE CONCENTRATIONS

OF POLLUTANTS IN EXEMPT BIOSOLIDS

Pollutant Maximum Concentration

(milligrams per kilogram)* Arsenic41Cadmium39Chromium1200Copper1500Lead300Mercury17Molybdenum75Nickel420Selenium100Zinc2800 *Dry weight basis

(1) cover letter that

(A) identifies the person seeking to apply bulk biosolids to land;

(B) contains a statement that the applicant is aware of all applicable local ordinances and all local zoning requirements; and

(i) application site;

(ii) pathogen reduction method to be used; and

(iii) vector attraction reduction method to be used;

(2) form supplied or approved by the department that will be specific for the type and quality of the biosolids to be applied to the application site;

(3) map or aerial photograph of a scale of at least one inch equals one mile that

(A) identifies major topographical, geological, hydrological, biological, and archaeological features, and buildings, roads, and public drinking water supplies within two miles of the application site;

(B) clearly shows the location of the application site and property boundaries, if the property boundaries are within two miles of the application site; if the property has no boundaries within two miles of the application site, then the boundary will be considered to be 50 feet from any land application activity described in (4) of this subsection; and

(C) identifies residential drinking water supply wells in use within one-half mile of the boundary of the property on which the application site is located;

(4) site development plan for land application activities that includes

(A) the location and direction of flow of surface water and any water flow containment or diversion structures, and the depth to the seasonal high groundwater level;

(B) a map showing the locations of major soils types based on soil surveys and their descriptions, depths, permeability, Cation Exchange Capacity, and pH;

(C) results of biosolids analyses for total Kjeldahl nitrogen (TKN), Nitrate nitrogen (NO3-N), Ammonia nitrogen (NH4-N), phosphorus (P), and potassium (K);

(D) the annual biosolids application rate based on the nitrogen requirements of the crops or vegetation to be grown;

(E) the calculated cumulative and annual application amount of each pollutant from Table D present in the biosolids to be applied at each site;

(F) an appropriate narrative description of the proposed activity, including

(i) operating procedures; and

(ii) methods to control water pollution, disease vectors, access (if appropriate), odors, and other nuisances; and

(5) copy of a deed or other legal document that identifies the landowner and, if the operator is not the landowner,

(A) copy of a lease agreement that clearly authorizes the proposed activity; or

(B) written statement by the landowner, demonstrating that the landowner consents to the proposed activity.

(d) If there is credible evidence that the project could cause a violation of the water quality standards of 18 AAC 70, the department will require the applicant to submit data to characterize the background quality of surface water within 100 feet of a proposed application site in accordance with 18 AAC 60.810.

(e) A permit application submitted, and a permit issued, under this section will be processed as a solid waste permit under 18 AAC 15, 18 AAC 60.215, 18 AAC 60.250, and 18 AAC 60.255, and a permit issued under this section is subject to termination and modification under AS 46.03.120 and 18 AAC 60.260.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110 AS 46.03.020; AS 46.03.800
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 4/8/2012, Register 202; am 10/27/2017, Register 224

Article 6 User Fees

18 AAC 60.700 Solid Waste Management

18 AAC 60.700. Fee requirements. (a) Except as provided in (g) of this section, the owner or operator of a solid waste disposal facility shall pay the applicable fees as prescribed in Tables E-1, E-2, E-3, and E-4 of this subsection. The owner or operator of a facility subject to the annual fee requirement shall continue to pay the annual fee until the department approves termination of the post-closure obligations under 18 AAC 60.270. TABLE E-1 ANNUAL MUNICIPAL SOLID WASTE LANDFILL FACILITY FEES Facility Type: Class I Class II Class III (camp)1 Class III (com- munity)1 Individual permit $9,000$4,000$670$250R, D, and D permit2 $1,035Not applicableNot applicableNot applicableComprehensive permit under 18 AAC 60.207 $11,250$5,000$835$310Post-closure period3 $3,370$2,020$320$140 Notes: 1A Class III (camp) landfill is a MSWLF that is classified under 18 AAC 60.300(c)(3)(A), and a Class III (community) landfill is a MSWLF that is classified under 18 AAC 60.300(c)(3)(B). 2An R, D, and D permit is a research, development, and demonstration permit issued under 18 AAC 60.213. This permit type is only allowed for a Class 1 MSWLF. 3The post-closure period fee is payable each year from the time final closure is completed under 18 AAC 60.390 - 18 AAC 60.395 until the department approves termination of the post-closure obligations under 18 AAC 60.270. TABLE E-2 ANNUAL TREATMENT FACILITY, NONMUNICIPAL SOLID WASTE LANDFILL FACILITY, AND BIOSOLIDS LAND APPLICATION FEES Facility Type: Type X Type Y Type Z - Industrial waste treat- ment- Asbestos monofill- Inert waste monofill- Wood waste monofill- Unlined coal ash monofill- Drilling waste treatment, in- cluding grind and injectSewage solids monofillLand applica- tion of biosolids - Biosolids treatment facil- ity- Drilling waste monofillwithout treat- ment facility) - Medical waste treat- ment facility- Lined coal ash monofill- Industrial waste monofill- Municipal solid waste treatmentIndividual permit $4,440$1,220$2,225Comprehen- sive permit under 18 AAC 60.207 $5,550$1,525$2,780Post-closure period1 $490$370$245 Notes: 1The post-closure period fee is payable each year from the time final closure is completed under 18 AAC 60.430 - 18 AAC 60.490 until the department approves termination of the post-closure obligations under 18 AAC 60.270. TABLE E-3 ONE-TIME SOLID WASTE FACILITY FEES Fee type1: Storage plan review, at site without a permit$895One-time solid waste treatment facility plan review2$2,530One-time inert waste monofill authorization$1,500One-time asbestos monofill authorization$1,500One-time sewage solids monofill authorization$1,500Solid waste as fill authorization - small3$685Solid waste as fill authorization - large3$1,595Upland dredge material disposal - small3$685Upland dredge material disposal - large3$1,595Polluted soil disposal or landfarm in a landfill4$1,945Closure plan review, without a permit$920 Notes: 1Applicable fees must be submitted with the plan or application, prior to depart- ment review. 2This fee applies to a solid waste treatment facility covered under 18 AAC 60.200(e). 3For the purposes of fees, a small project is one that involves 23,000 cubic yards or less, and a large project is one that involves more than 23,000 cubic yards. 4The polluted soil disposal fee applies to a polluted soil disposal plan required under

18 AAC 60.720 Solid Waste Management

18 AAC 60.720. Billing and payment procedures. Repealed.

History

Eff. 6/28/96, Register 138; repealed 6/30/2002, Register 162

18 AAC 60.730 Solid Waste Management

18 AAC 60.730. Fee appeal procedures. A person who disputes the assessment of a fee under 18 AAC 60.700(f)(1) or who disputes a computation of charges may request a review under 18 AAC 15.190.

History

Authority: AS 44.46.020; AS 46.03.010; AS 46.03.100 AS 44.46.025; AS 46.03.020; AS 46.03.110
Eff. 6/28/96, Register 138; am 6/30/2002, Register 162; am 7/11/2002, Register 163

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 46.03.010; AS 46.03.100; AS 46.03.810
Eff. 1/28/96, Register 137; am 2/25/2022, Register 241

Article 8 General Provisions

18 AAC 60.900 Solid Waste Management

18 AAC 60.900. Waivers. (a) Subject to (b) of this section, the department will grant a waiver from one or more provisions of this chapter, except a provision applicable to a Class I MSWLF and required by 40 C.F.R. 258, revised as of July 1, 1998. To secure a waiver under this section, the applicant must identify, in writing, the provision sought to be waived and must demonstrate that (1) compliance with the identified provision would cost significantly more than the value of the environmental benefit, public health risk reduction, and nuisance avoidance that could be achieved through compliance with the identified provision; or (2) the proposed alternative action will provide equal or better environmental protection, reduction in public health risk, and control of nuisance factors than compliance with the identified provision. (b) In granting a waiver, the department will impose specific conditions as necessary to assure that public health and welfare and the environment are protected.

History

Authority: AS 44.06.020; AS 46.03.010; AS 46.03.020
Eff. 1/28/96, Register 137; am 7/11/99, Register 151

18 AAC 60.990 Solid Waste Management

18 AAC 60.990. Definitions. Unless the context indicates otherwise, in this chapter, (1) "accepts for disposal" means the act of (A) accepting solid waste at a solid waste disposal facility and then disposing of the waste without treating the waste; or (B) disposing of waste or residue that is left after solid waste has been incinerated or otherwise treated; (2) "accumulation" means the collection of waste or discarded material until the waste or material can be shipped for disposal or another use; (3) "active life" means the period of operation beginning with the first receipt of solid waste and ending at completion of closure activities; (4) "active portion" means that part of a facility or unit in which disposal operations have been or are being conducted, but does not include a facility or unit with a complete final cover; (5) "active thaw zone" means the surface layers of organic matter and mineral soils that thaw each year in areas of permafrost; (6) "acute hazardous waste" means a waste identified as an acute hazardous waste under 40 C.F.R. 261.30 - 261.33, revised as of July 1, 1998, adopted by reference; (7) "agronomic rate for nitrogen" means the maximum amount of nitrogen-containing material that can be spread evenly over an area so that all of the nitrogen in the material is used by the crops grown onsite, taking into account any residual nitrogen present in the soil or the addition of another fertilizer; (8) "airport" means a public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities; (9) "amalgamated" means to mix or alloy a metal with mercury; (10) "animal waste" means discarded material originating from an animal inoculated with an infectious agent during research, production of biologicals, or pharmaceutical testing; "animal waste" includes the carcass, body parts, blood, and bedding of any animal known to have been in contact with an infectious agent; (11) "application site" means a facility subject to land application of sewage solids or biosolids; (12) "approved" means approved by the department; (13) "aquifer" means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs; (14) "aquifer of resource value" means an area beneath the ground that is used as a drinking water supply source, has a reasonable potential to be used as a drinking water supply source, or has some other potential use for which uncontaminated water might be important; (15) "area susceptible to mass movement" means an area of influence, including an area characterized as having an active or substantial possibility of mass movement, when the movement of earth material at, beneath, or adjacent to a MSWLF, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence, including landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall; (16) "asbestos" means the asbestiform varieties of serpentine (chyrsotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite; (17) "aufeis" means ice that is formed as water flows over a frozen surface; (18) "barrier layer" means a continuous horizontal layer of natural or synthetic materials through which the movement of liquid is prevented or greatly restricted; (19) "base flood" means sewage solids or septage that is treated to reduce pathogens and vector attraction for application to the land as a fertilizer or soil amendment; (20) "biosolids" means sewage solids or septage that is treated to reduce pathogens and vector attraction for application to the land as a fertilizer or soil amendment; (21) "bird hazard" means an increase in the likelihood of a bird-aircraft collision that might cause damage to the aircraft or injury to its occupants; (22) "blood and blood products" means discarded waste human blood and blood components, including serum and plasma, and materials containing free-flowing blood and blood components; (23) "cap" means a combination of natural or synthetic materials, including a barrier layer and final cover, placed on a closed waste containment structure; (24) "Category I nonfriable asbestos-containing material" means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products that contain more than one percent asbestos, determined using the method in 40 C.F.R. 763, Subpart E, Appendix E, Polarized Light Microscopy, revised as of July 1, 1997, adopted by reference; (25) "Category II nonfriable asbestos-containing material" means asbestos-containing material such as shingles, wallboard, or cementitious pipe that (A) contain more than one percent asbestos, determined using the method in 40 C.F.R. 763, Subpart E, Appendix E, Polarized Light Microscopy, revised as of July 1, 1997, adopted by reference; and (B) when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure; (26) "Clean Water Act" means the "Federal Water Pollution Control Act," 33 U.S.C. 1251 - 33 U.S.C. 1387, as amended through August 21, 1998; (27) "closed portion" means that part of a facility or unit that has been closed in accordance with this chapter; (28) "coal ash" means the non-hazardous residue that includes fly ash, bottom ash, boiler slag, and flue gas desulfurization materials resulting from the combustion of coal for the purpose of generating electricity, heat, or a combination of electricity and other thermal energy; (29) "coal ash landfill" (A) means an area of land or an excavation (i) other than a municipal solid waste landfill; (ii) that receives coal ash; and (iii) that is not a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground or surface coal mine, or a cave; (B) includes (i) sand and gravel pits and quarries that receive coal ash; and (ii) any practice that is not an approved beneficial use under 18 AAC 60.008 or 18 AAC 60.009. (30) "commercial solid waste" means all types of solid waste generated by a store, office, restaurant, warehouse, or other nonmanufacturing activity; "commercial solid waste" does not include residential and industrial wastes; (31) "conditionally exempt small quantity generator" has the meaning given for "very small quantity generator" in 40 C.F.R. 260.10, as amended May 30, 2017, adopted by reference; (32) "containment structure" means a type of waste management area in which an arrangement of dikes, walls, pits, ice storage pits, liners, pads, cover material, and other similar constructs are used to hold solid waste and to prevent the escape, seepage, or discharge of solid waste and leachate from, or infiltration of water or precipitation into, the waste management area; (33) "cover material" means a natural or synthetic material, or combination of materials, used to cover solid waste disposed of at a solid waste disposal facility or unit; (34) "crumb rubber" means vehicle tires that have been chopped and ground to a grain size less than or equal to one-quarter inch in diameter; (35) "crystallization point" means the temperature below 32° F at which ice crystals begin to form; (36) "cultures and stocks" means discarded cultures and stocks of infectious agents and associated microbiologicals, including human and animal cell cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, waste from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, or mix cultures of infectious agents; (37) "demonstrate" means to make a showing of fact to the department; unless a different standard is established on a case-by-case basis, a "demonstration" required by this chapter must show the asserted conclusion by a preponderance of evidence; (38) "department" means the Alaska Department of Environmental Conservation; (39) "designated portion" means the active portion of a facility, including the closed portion and that portion set aside to become an active portion in the future; (40) "disease vector" means a carrier that can transmit a pathogen from one organism to another, and includes flies and other insects, rodents and other small mammals, birds, and vermin; (41) "displacement" means the relative movement of any two sides of a fault, measured in any direction; (42) "disposal" means the deposit of a solid or liquid waste into or onto the water or land of the state, whether the waste is contained or uncontained, by discharging, injecting, dumping, spilling, leaking, placing, discarding, or abandoning the waste so that the waste or any part or byproduct of the waste might enter the environment; (43) "domestic wastewater" has the meaning given in 18 AAC 72.990; (44) "drilling waste" means exploration and production waste exempted from RCRA Subtitle C that is associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy; "drilling waste" includes drilling muds, cuttings, hydrocarbons, brine, acid, sand, and emulsions or mixtures of fluids produced from and unique to the operation or maintenance of a well, whether naturally occurring or added for the operation or productivity of the well; "drilling waste" is only waste described in this paragraph that is derived intrinsically from primary field operations, produced from a well, and removed at the drill site or removed at a crude oil production facility by crude oil or wastewater treatment process before custody transfer of the crude oil; "drilling waste" does not include spent solvents and oils from equipment maintenance activities, discarded chemical products, or fuels; (45) "emergency relief volume" means the space necessary to contain material expelled from an oil or gas well during an underground pressure imbalance; the minimum emergency relief volume is routinely one and one-half times the well bore or casing volume; (46) "EPA" means the United States Environmental Protection Agency; (47) "existing MSWLF" means a municipal solid waste landfill that was receiving solid waste as of October 9, 1993; (48) repealed 2/25/2022; (49) "explosive gas" means methane (CH4); (50) "facility" means all contiguous land and structures, other appurtenances, and improvements on land used for treatment, storage, or disposal of solid waste; "facility" includes solid waste disposal facilities, solid waste processing facilities, and treatment works; (51) "facility structure" means any buildings, sheds, or utility or drainage lines on the facility; (52) "fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side; (53) "floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters; "floodplain" includes flood-prone areas of offshore islands, that are inundated by the 100-year flood; for purposes of this paragraph, "100-year flood" means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period; (54) "fluid management plan" means the use of snow removal or any dewatering practice to keep to a minimum the hydrostatic head of fluids and drilling wastes in a containment structure; "fluid management plan" includes approved disposal of liquid wastes in an injection well, or by other approved discharge to the land and water of the state; (55) repealed 2/25/2022; (56) "freezeback" means the process of freezing solid waste in place as a means to prevent the migration of solid waste and leachate from the designated portion of a facility or unit; (57) "friable asbestos material" means material that (A) contains more than one percent asbestos, determined using the method in 40 C.F.R. 763, Subpart E, Appendix E, Polarized Light Microscopy, revised as of July 1, 1997, adopted by reference; and (B) when dry, can be crumbled, pulverized, or reduced to powder by hand pressure; (58) "gas condensate" means the liquid generated as a result of a gas recovery process at a MSWLF; (59) "groundwater" means water below the land surface in the zone of saturation; (60) "hard rock mine" means a mining facility, on the surface or underground, in which mineral resources are extracted from consolidated or lithified geologic formations; (61) "hazardous constituent" means a constituent listed in 40 C.F.R. Part 258, Appendices I or II, revised as of July 1, 1997; (62) "hazardous waste" has the meaning given in AS 46.03.900; (63) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present; "Holocene" is generally considered to be 10,000 years; (64) "household hazardous waste" means solid waste that may have hazardous constituents, but that is not regulated under 42 U.S.C. 6921 - 6939e (Resource Conservation and Recovery Act, subtitle C) because it is generated by a household; for purposes of this paragraph, "household" includes single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas; (65) "household hazardous waste storage facility" means a facility used for the collection or storage of (A) household hazardous waste; or (B) conditionally exempt small quantity generator waste that is not regulated under 42 U.S.C. 6921 - 6939e (Resource Conservation and Recovery Act, subtitle C) of disposed of in accordance with those provisions; (66) "household waste" means solid waste; "household waste" includes garbage, trash, and sanitary waste in septic tanks, derived from a household; for purposes of this paragraph, "household" includes single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas; (67) "inactive reserve pit" means a drilling waste disposal area, containment structure, or group of containment structures where drilling waste has not been disposed of after January 28, 1996 and at which the owner or operator does not plan to dispose of drilling waste; (68) "industrial solid waste" (A) means solid waste generated by a manufacturing or industrial process that is not a hazardous waste regulated under 42 U.S.C. 6921 - 42 U.S.C. 6939g (RCRA, Subtitle C; (B) includes polluted soil, inorganic chemicals, iron and steel manufacturing waste, leather and leather products, waste from nonferrous metals manufacturing and foundries, organic chemicals, plastic resin waste, sludges and boiler ash from the pulp and paper industry, rubber and miscellaneous plastic products, textile manufacturing waste, and water treatment chemicals; (C) does not include coal ash, drilling waste, slaughterhouse waste, wood waste, inert waste, or mining waste; (69) "inert waste" (A) means solid waste that has a low potential to pollute air or water, and that does not normally attract wildlife; (B) includes, scrap metal, auto fluff, construction and demolition waste, and pavement rubble; (C) does not include asphalt material that contains asbestos; (70) "injection well" means a confined subsurface porous soil or rock formation for the disposal of waste; (71) "institutional control" means a measure taken to limit, prohibit, or protect against an activity that could (A) interfere with the integrity of activities or improvements designed to encapsulate or control pollution at a facility, or (B) result in human or environmental exposure to pollution; (72) "karst terrane" means an area where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock; in this paragraph, "characteristic surface and subterranean features" include sinkholes, sinking streams, caves, large springs, and blind valleys; (73) "landfill" means an area of land, or an excavation in which solid wastes are placed for permanent disposal, and that is not an application site, injection well, reserve pit, or waste pile; (74) "large inert landfill" means a landfill that is designed to accept more than 1000 cubic yards of inert waste; (75) "lateral expansion" means a horizontal expansion of the waste boundaries of an existing solid waste disposal facility; (76) "leachate" means liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from the wastes; (77) "leachate collection system" means a system or device installed immediately above a liner that is designed, constructed, maintained, and operated to collect and remove leachate from a landfill; (78) "liner" means a continuous layer of natural or synthetic materials beneath or on the sides of a landfill or solid waste containment structure to prevent solid waste and leachate from escaping from the landfill or the containment structure; (79) "liquid waste" means waste material that is determined to contain free liquids as defined by Method 9095 (Paint Filter Liquids Test), as described in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), adopted by reference in 18 AAC 60.365; (80) "lithified earth material" means rock, including naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments; "lithified earth material" does not include human-made material, such as fill, concrete, and asphalt, or unconsolidated earth material, soil, or regolith lying at or near the earth surface; (81) "litter" has the meaning given that term in AS 46.06.150; (82) "lower explosive limit" means the lowest percent by volume of a mixture of explosive gases that will propagate a flame in air at 25° C and normal atmospheric pressure; (83) "major road system" means a system of connected pioneer roads and community roads as described in 17 AAC 05.030, with a total length of 100 miles or more; (84) "maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment; (85) "medical waste" means laboratory waste consisting of discarded cultures and stocks of infectious agents and associated microbiologicals; pathological wastes; selected isolation waste; used and unused discarded sharps; animal waste; human blood or blood products; and other waste defined as "regulated waste" in 29 C.F.R. 1910.1030(b), revised as of July 1, 1997; (86) "medical waste incinerator" means (A) a two-chambered incinerator that holds waste for at least one second at temperatures at or above 1700° F in the secondary chamber, and operates at 1200° F or more in the primary chamber; or (B) a thermal oxidation unit approved by the department; (87) "monofill" means a landfill or drilling waste disposal facility that receives primarily one type of solid waste and that is not an inactive reserve pit; (88) "MSWLF" means a municipal solid waste landfill; (89) "municipal solid waste landfill" and "MSWLF" mean an area of land or an excavation that receives household waste, and that is not an application site, surface impoundment, injection well, or waste pile; "municipal solid waste landfill" includes new MSWLF, an existing MSWLF, and a lateral expansion of an existing MSWLF; (90) "new MSWLF" means a municipal solid waste landfill unit that did not receive waste before October 10, 1993; (91) "nondomestic wastewater" has the meaning given in 18 AAC 72.990; (92) "nonfriable asbestos material" means asbestos-containing material that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure; (93) "open burning" means the combustion of solid waste without (A) control of combustion air to maintain adequate temperature for efficient combustion; (B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (C) control of the emission of the combustion products; (94) "operator" means the person or persons responsible for the overall operation of a facility; (95) "owner" means the person or persons who own a facility; unless expressly excluded in a particular section, "owner or operator" includes the holder of a permit issued under this chapter regardless of whether the permittee otherwise fits within the definitions given of those terms; (96) "pathological waste" means discarded pathological waste, including human tissues, organs, and body parts removed during surgery, autopsy, or another medical procedure; (97) "PCB waste" means polychlorinated biphenyls waste; (98) "permafrost" means soil in which the naturally occurring temperature has remained below 32° F for two or more consecutive years; (99) "permanently frozen state" means the condition at which both of the following occur: (A) the temperature of the waste is perpetually at or colder than 0.5° F below the crystallization point of the waste; and (B) migration of leachate and other waste constituents from the buried waste is prevented; (100) "pH" means the logarithm of the reciprocal of the hydrogen ion concentration; (101) "placer mining" means obtaining, by washing or dredging, minerals from a glacial or alluvial deposit of sand or gravel that contains eroded particles of valuable minerals; (102) "polluted run-off water" means water that violates a criterion of 40 C.F.R. 257.3-3, revised as of July 1, 1997, adopted by reference, the water quality standards of 18 AAC 70, or the drinking water standards of 18 AAC 80; (103) "polluted soil" means (A) soil that is placed into a landfill, that is not a regulated hazardous waste, and that was excavated during a spill response or leaking underground storage tank action or to comply with an approved contaminated site cleanup plan under 18 AAC 75 or 18 AAC 78; or (B) a residue or other material that is placed into a landfill and that is not a regulated hazardous waste but contains a hazardous substance in a concentration exceeding the applicable soil cleanup levels set out in 18 AAC 75.341, Table B1 or Table B2; (104) "pollution" has the meaning given in AS 46.03.900; (105) "poor foundation conditions" means an area where features exist that indicate a natural or human-induced event might result in inadequate foundation support for the structural components of an solid waste disposal facility; (106) "Portland cement" means a material used primarily as the ingredient that binds the aggregate together in concrete; concrete made with Portland cement differs from asphalt cement in that Portland cement hardens due to the hydration of lime, while asphalt cement, which uses hydrocarbons as a binder, hardens as it cools; (107) "post-closure period" means the time period following closure of a facility during which monitoring or care of the facility is required under this chapter; if a closure report or certification is required, the post-closure period begins when the report or certification requirement is satisfied and ends when the conditions of 18 AAC 60.270 are met; (108) "public water system" means a source of water, intake works, collection system, treatment works, storage facility, or distribution system from which water is available for human consumption; "public water system" includes systems providing water to more than one residential dwelling unit, or to a factory, office building, restaurant, school, or other similar facility; "public water system" does not include a system serving only a single-family residence; (109) "pumpable fluids" means fluids that can be readily pumped or made to flow under normal conditions at temperatures above freezing; (110) "putrescible waste" means solid waste that contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to cause obnoxious odors and to be capable of attracting or providing food for birds or animals; (111) "qualified groundwater scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by professional certification or completion of accredited university programs that enable that scientist or engineer to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action; (112) "RCRA" means the Resource Conservation and Recovery Act, 42 U.S.C. 6901 - 42 U.S.C. 6992k, as amended through August 21, 1998; (113) "recycling" means the process by which a material that would otherwise be destined for disposal is collected, reprocessed, or remanufactured, and then reused; (114) "registered engineer" means an engineer who is registered in this state under AS 08.48.211; (115) "regulated asbestos-containing material or RACM" means (A) friable asbestos material; (B) Category I nonfriable asbestos-containing material that has become friable; (C) Category I nonfriable asbestos-containing material that will be, or has been, subject to sanding, grinding, cutting, or abrading; and (D) Category II nonfriable asbestos-containing material that has a high probability of becoming, or has become, crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of a demolition or renovation operation or in the course of a disposal operation regulated under this chapter; (116) "regulated hazardous waste" means a waste that is a hazardous waste, as defined in 40 C.F.R. 261.3, revised as of July 1, 1998, adopted by reference, that is not excluded from regulation as a hazardous waste under 40 C.F.R. 261.4(b), revised as of July 1, 1998, adopted by reference, and was not generated by a conditionally exempt small quantity generator; (117) "representative sample" means a sample the chemical makeup or characteristics of which are indicative of the in situ material from which it came; (118) "resource recovery" means the recovery of materials or energy from solid waste for industrial use, agriculture, heat production, power production, or another process or purpose, including recycling; (119) "road base" means the areas under and adjacent to the surface of a road that are not normally in contact with standing water; (120) "run-off" means rainwater, leachate, or other liquid that drains over land from any part of a facility; (121) "run-on" means rainwater, leachate, or other liquid that drains over land onto any part of a facility; (122) "salvaging" means the controlled removal of waste materials for recycling or reuse; (123) "seismic impact zone" means an area with a 10 percent or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a decimal fraction of the earth's gravitational pull, will exceed 0.10g in 250 years; (124) "selected isolation waste" means discarded waste material that is contaminated with excretions, exudates, and secretions from patients with highly communicable diseases, and that is treated in isolation; "selected isolation waste" includes blood and blood components, and sharps; (125) "septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device, or similar treatment works that receives only domestic sewage; "domestic sewage" does not include liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurant; (126) "sewage solids" (A) means waste that has been removed from a wastewater treatment system, sewer, septic tank, or other wastewater handling equipment; and that has been dewatered to no less than 10 percent solids by weight; (B) includes lagoon dredge, sewer cleanout waste, barscreen grit, and wastewater treatment sludge; (127) "sewage solids monofill" means a monofill used for disposal of sewage solids, including a "surface disposal site" as defined in 40 C.F.R. 503.21, revised as of July 1, 1997; (128) "sharps" means discarded implements or parts of equipment used in animal or human patient care, medical research, or industrial laboratories, including hypodermic needles, syringes, Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, broken or unbroken glassware that has been in contact with an infectious agent, slides, cover slips, and unused, discarded implements, or parts of equipment; (129) "site" means the land, structures, and equipment at a given location associated with a facility subject to this chapter; (130) "solid waste" has the meaning given in AS 46.03.900; (131) "solid waste disposal facility" has the meaning given in AS 46.03.900; (132) "solid waste management system" means a comprehensive waste management regime that might extend beyond the boundary of a single facility; "solid waste management system" includes transport, storage, treatment, and disposal operations; (133) "solid waste processing facility" has the meaning given in AS 46.03.900; (134) "spoil and overburden" means soil, rock, and other material that is removed during a mining operation to gain access to ore; (135) "store" means holding for a temporary period, at the end of which the material being held is treated, disposed of, or otherwise relocated; (136) "structural component" means a liner, leachate collection system, final cover, run-on or run-off system, and any other component used in the construction and operation of a waste management area that is necessary to protect public health, safety, and welfare and the environment; (137) "surface impoundment" or "impoundment" means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well; "surface impoundments" includes holding storage, settling, and aeration pits, ponds, and lagoons; (138) "surface transportation" means pioneer roads and community roads as described in 17 AAC 05.030, or a railroad system that routinely handles freight; "surface transportation" does not include barges or any other form of water craft; (139) "surface water" means water (A) open to the atmosphere and subject to surface run-off; and (B) from springs, wells, or other collectors directly influenced by surface water; (140) "tailings" means refuse or dross remaining after ore from a mining operation has been processed; (141) "thermal instability" means the potential for subsurface degradation of the soils due to thawing in permafrost or ice-rich areas; (142) "transfer station" means a public use facility for the deposit and temporary storage of solid waste, "transfer station" includes a transfer station located at a landfill; "transfer station" does not include a facility for the storage of a regulated hazardous waste; (143) "treat" means subjecting waste to physical, mechanical, chemical, biological, or thermal processes that reduce the volume or toxicity, or change the characteristics of the waste; (144) "treatment works" has the meaning given in AS 46.03.900; (145) "twenty-five-year storm" or "25-year storm" means a storm that has no more than a four percent chance of recurring in any given year or a storm of a magnitude equaled or exceeded once in 25 years on the average over a significantly long period; (146) "Type I error" means in a statistical test, incorrectly indicating pollution or an increase in pollution; (147) "unsaturated zone" means the ground layer beneath the topsoil and overlying the water table in which water in pore spaces coexists with air or in which geological matter is unsaturated; (148) "unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of a landfill's structural components responsible for preventing releases from the landfill; "unstable area" includes poor foundation conditions, areas susceptible to mass movements, or earthquake-induced failures, areas underlain by permafrost, and karst terranes; (149) "uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within, or immediately downgradient of, the facility's boundary; (150) "untreated medical waste" means medical waste that has not been treated in an autoclave according to the manufacturer's instructions or incinerated; (151) "washout" means the carrying away of solid waste by waters of the base flood; (152) "waste disposal permit" means a permit issued under this chapter; (153) "waste incompatible with freezeback" means waste that prevents the buried waste in a landfill from attaining a permanently frozen state within the time period allowed in a permit issued under this chapter; (154) "waste management area" means that part of a facility in which solid wastes are treated, stored, or disposed of; (155) "waste management boundary" means a plane surface located at the hydraulically downgradient limit of a waste management area, extending down into the uppermost aquifer; (156) "waste pile" or "pile" means any noncontainerized accumulation of solid, nonflowing waste; (157) "waste rock" means rock that has been removed during mining or advanced exploration that does not contain sufficient metallic minerals to constitute ore; "waste rock" includes spoil and overburden; (158) "waste source reduction" means a change in a habit or process that results in less waste being produced; "waste source reduction" does not include physical processing of waste in balers or incinerators; (159) "water" or "waters" has the meaning given in AS 46.03.900; (160) "wetlands" has the meaning given in 40 C.F.R. 232.2, revised as of July 1, 1997; (161) "wetted surface" means that area of a solid waste disposal cell or trench excavation surface that is in contact with solid or liquid waste; (162) "wood waste" means a solid waste that is generated during the transfer or processing of timber; "wood waste" includes wood chips, bark, sawdust, and other such woody debris; (163) "working day" means a day other than Saturday, Sunday, or a state holiday. (164) "constituents of concern" means analytes, parameters, and substances as set out in 40 C.F.R. Part 258, Appendices I and II, as amended through August 1, 2005, adopted by reference, and other substances that the department identifies based on the type of waste stored or disposed of at a particular solid waste disposal facility.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.810 AS 46.03.010; AS 46.03.110; AS 46.06.010 AS 46.03.020; AS 46.03.800; AS 46.06.080
Eff. 1/28/96, Register 137; am 10/29/98, Register 148; am 7/11/99, Register 151; am 6/30/2002, Register 162; am 9/7/2002, Register 163; am 9/5/2010, Register 195; am 4/12/2013, Register 206; am 10/27/2017, Register 224; am 2/25/2022, Register 241

Chapter 62 Hazardous Waste

Article 1 General Standards

18 AAC 62.010 Purpose and scope

Repealed.

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.313 AS 46.03.296; AS 46.03.302
Eff. 7/11/87, Register 103; repealed 8/8/2003, Register 167) (Eff. 6/1/2025, Register 254

18 AAC 62.020 Identification of hazardous waste

Repealed.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 7/11/87, Register 103; am 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.030 Purpose and applicability

(a) The purpose of this chapter is to promote proper management of hazardous waste by generators, handlers, transporters, and hazardous waste management facilities in a manner that meets the purposes set out in AS 46.03 and in accordance with 42 U.S.C. 6921 - 6939g (Resource Conservation and Recovery Act (RCRA), Subchapter III), and meets the requirements adopted by reference in this chapter.

(b) This chapter applies to the generation, handling, storage, transport, treatment, or disposal of hazardous waste.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302 Statutory Authority Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.040 General modifications to adoptions by reference

(a) Except where noted, when the text of the federal regulations adopted by reference refer to the "Resource Conservation and Recovery Act," "RCRA," "Subtitle C of RCRA," "the Act," or other general references that refer to the federal hazardous waste statutes and regulations, these references shall be construed to refer to this chapter and AS 46.03.250 - 46 03.317 (radiation and hazardous waste protection).

(b) Except where noted, when the text of the federal regulations adopted by reference refer to "RCRA permits" or "RCRA Part B permits," these references shall be construed to refer to permits issued by the United States Environmental Protection Agency (EPA), the department, or another authorized state.

(c) Except where noted, when the text of the federal regulations adopted by reference refers to "EPA," "EPA regions," or "agency," the text means the department.

(d) Except where noted, when the text of the federal regulations adopted by reference refers to "administrator," "assistant administrator," "assistant administrator for solid waste and emergency response," "regional administrator," or "director," the text means the commissioner of the department.

(e) Except where noted, when the text of the federal regulations adopted by reference refers to "State," "States," "authorized state," "approved state," or "approved program," the text means the State of Alaska.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302 Statutory Authority Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.050 General provisions

(a) Except as set out in (b) of this section, the provisions of 40 C.F.R. Part 260, Subpart A (general), revised as of January 22, 2025, are adopted by reference.

(b) The introductory language of 40 C.F .R. 261.6(a)(2), revised as of July 1, 2022, is adopted by reference, but not that language revised as of December 10, 2024. The provisions of 40 C.F.R. 261.6(a)(2)(v) that took effect December 10, 2024 are not adopted by reference.

(c) The substitution of state terms for the EPA and federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to 40 C.F.R. 260.4 and 260.5. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to the definitions in 40 C.F.R. 260.10 of "Person," "State," or "United States."

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302 Statutory Authority Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

Article 2 Identification and Listing of Hazardous Waste

18 AAC 62.200 Purpose and scope

Repealed.

History

Eff. 7/11/87, Register 103; am 8/7/92, Register 123; repealed 8/8/2003, Register 167

18 AAC 62.201 General provisions

The provisions of 40 C.F.R. Part 261, Subpart A (general), revised as of January 22, 2025, are adopted by reference. But the EPA administers movement of hazardous waste transported across international boundaries. Accordingly, the substitution of state terms referenced in 18 AAC 62.040(c) and (d) for the EPA or federal officials does not apply to 40 C.F.R. 261.4(a)(25).

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.900
Eff. 6/1/2025, Register 254

18 AAC 62.205 Requirements for electronics as universal waste

In addition to the wastes listed under 40 C.F.R. 261.9, electronic waste is exempt from 18 AAC 62.300 - 18 AAC 62.970 if managed under 18 AAC 62.1100 - 18 AAC 62.1160.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.210 Requirements for a generator of hazardous waste

Repealed.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 7/11/87, Register 103; am 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.211 Criteria for identifying the characteristics of hazardous waste and for listing hazardous waste

The provisions of 40 C.F.R. Part 261, Subpart B (criteria for identifying the characteristics of hazardous waste and for listing hazardous waste), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.220 Annual report; verification of status

Repealed 8/7/92.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.221 Characteristics of hazardous waste

The provisions of 40 C.F.R. Part 261, Subpart C (characteristics of hazardous waste), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.230 Manifest

Repealed.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 7/11/87, Register 103; repealed 8/8/2003, Register 167) (Eff. 6/1/2025, Register 254

18 AAC 62.231 Lists of hazardous waste

The provisions of 40 C.F.R. Part 261, Subpart D (lists of hazardous waste), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.240 Exclusions and exemptions

The provisions of 40 C.F.R. Part 261, Subpart E (exclusions/exemptions), revised as of January 22, 2025, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302 Statutory Authority Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.250 Financial requirements for management of excluded hazardous secondary materials

The provisions of 40 C.F.R. Part 261, Subpart H (financial requirements for management of excluded hazardous secondary materials), revised as of December 7, 2023, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. 261.143(d)(1) or 261.147(a)(1)(ii),(b)(1)(ii), (g)(2), or (i)(4).

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299 Statutory Authority Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.260 Use and management of containers

The provisions of 40 C.F.R. Part 261, Subpart I (use and management of containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299 Statutory Authority Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.270 Tank systems

The provisions of 40 C.F.R. Part 261, Subpart J (tank systems), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299 Statutory Authority Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.280 Emergency preparedness and response for management of excluded hazardous secondary materials

(a) Except as provided in (b) of this section, the provisions of 40 C.F.R. Part 261, Subpart M (emergency preparedness and response for management of excluded hazardous secondary materials), revised as of July 1, 2022, are adopted by reference.

(b) The introductory language of 40 C.F.R. 261.400, revised as of July 1, 2022, is adopted by reference, but not that language revised as of December 10, 2024. The provisions of 40 C.F.R. 261.400(c) that took effect December 10, 2024 are not adopted by reference. The introductory language of 40 C.F.R. 261.420, revised as of July 1, 2022, is adopted by reference, but not that language revised as of December 10, 2024.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299 Statutory Authority Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254) (Eff. 6/1/2025, Register 254

18 AAC 62.285 Air emissions standards for process vents

The provisions of 40 C.F.R. Part 261, Subpart AA (air emissions standards for process vents), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.290 Air emissions standards for equipment leaks

The provisions of 40 C.F.R. Part 261, Subpart BB (air emissions standards for equipment leaks), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.295 Air emissions standards for tanks and containers

The provisions of 40 C.F.R. Part 261, Subpart CC (air emissions standards for tanks and containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.299 Federal appendices

The following appendices of 40 C.F.R Part 261, revised as of July 1, 2022, are adopted by reference:

(1) Appendix I (representative sampling methods);

(2) Appendix VII (basis for listing hazardous waste);

(3) Appendix VIII (hazardous constituents).

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

Article 3 Standards Applicable to Generators of Hazardous Waste

18 AAC 62.300 Purpose and scope

Repealed.

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.302
Eff. 7/11/87, Register 103; repealed 8/8/2003, Register 167) (Eff. 6/1/2025, Register 254

18 AAC 62.301 General provisions

(a) The provisions of 40 C.F.R. Part 262, Subpart A (general), revised as of December 7, 2023, are adopted by reference, except that

(1) the provisions of 40 C.F.R. 262.14(a)(5)(vi), revised as of July 1, 2022, are adopted by reference; the amendment of December 10, 2024 is not adopted by reference; and

(2) a small or large quantity generator must complete and submit EPA Form 8700-12 (site identification form) or the equivalent to the department not later than March 1 of each year to cover activities during the previous calendar year.

(b) The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262, Subpart A.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.310 Requirements for a transporter of hazardous waste

Repealed.

History

Eff. 7/11/87, Register 103; am 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.311 Manifest requirements applicable to small and large quantity generators

The provisions of 40 C.F.R. Part 262, Subpart B (manifest requirements applicable to small and large quantity generators), revised as of January 22, 2025, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262, Subpart B. Manifest requirements are administered by the EPA. Accordingly, the substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to this section.

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.305
Eff. 6/1/2025, Register 254

18 AAC 62.320 Annual report

Repealed.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 7/11/87, Register 103; am 8/7/92, Register 123; repealed 8/8/2003, Register 167) (Eff. 6/1/2025, Register 254

18 AAC 62.321 Pre-transport requirements applicable to small and large quantity generators

The provisions of 40 C.F.R. Part 262, Subpart C (pre-transport requirements applicable to small and large quantity generators), revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262 Subpart C.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.330 Recordkeeping and reporting applicable to small and large quantity generators

The provisions of 40 C.F.R. Part 262, Subpart D (recordkeeping and reporting applicable to small and large quantity generators), revised as of January 22, 2025, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262 Subpart D.

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.311
Eff. 6/1/2025, Register 254

18 AAC 62.340 Farmers

The provisions of 40 C.F.R. Part 262, Subpart G (farmers), revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262, Subpart G.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.350 Transboundary movements of hazardous waste for recovery or disposal

The provisions of 40 C.F.R. Part 262, Subpart H (transboundary movements of hazardous waste for recovery or disposal), revised as of January 22, 2025, are adopted by reference. The EPA administers movement of hazardous waste transported across international boundaries. Accordingly, the substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to this section. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262, Subpart H.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.360 Alternative requirements for hazardous waste determination and accumulation of unwanted material for laboratories owned by eligible academic entities

The provisions of 40 C.F.R. Part 262, Subpart K (alternative requirements for hazardous waste determination and accumulation of unwanted material for laboratories owned by eligible academic entities), revised as of December 7, 2023, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262 Subpart K.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.370 Alternative standards for episodic generation

The provisions of 40 C.F.R. Part 262, Subpart L (alternative standards for episodic generation), revised as of December 7, 2023, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262, Subpart L.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.380 Preparedness, prevention, and emergency procedures for large quantity generators

The provisions of 40 C.F.R. Part 262, Subpart M (preparedness, prevention, and emergency procedures for large quantity generators), revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. Part 262, Subpart M.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

Authority: AS 46.03.020; AS 46.03.302 AS 46.03.299; AS 46.03.308
Eff. 6/1/2025, Register 254

18 AAC 62.420 Annual report; verification of status

Repealed 8/7/92.

18 AAC 62.421 Hazardous waste discharges

The provisions of 40 C.F.R. Part 263, Subpart C (hazardous waste discharges), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.308
Eff. 6/1/2025, Register 254

18 AAC 62.430 Annual report requirement

A transporter shall submit EPA Form 8700-12 (site identification form) to the department, in electronic format, not later than March 1 of each year.

History

Authority: AS 46.03.020; AS 46.03.302 AS 46.03.299; AS 46.03.308
Eff. 6/1/2025, Register 254

Article 5 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

18 AAC 62.500 Hazardous Waste

Repealed 8/7/92.

18 AAC 62.501 Purpose and scope

Repealed.

History

Eff. 8/7/92, Register 123; repealed 8/8/2003, Register 167

18 AAC 62.502 General provisions

The provisions of 40 C.F.R. Part 264, Subpart A (general), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.505 General facility standards

The provisions of 40 C.F.R. Part 264, Subpart B (general facility standards), revised as of January 22, 2025, are adopted by reference. For hazardous waste received from a foreign source, the substitution of state terms for the EPA as referenced in 18 AAC 62.040(c) does not apply to 40 C.F.R. 264.12(a).

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.510 Hazardous Waste

Repealed 8/7/92.

18 AAC 62.511 Standards for use, reuse, and recycling

Repealed.

History

Eff. 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.512 Preparedness and prevention

The provisions of 40 C.F.R. Part 264, Subpart C (preparedness and prevention), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.515 Contingency plan and emergency procedures

The provisions of 40 C.F.R. Part 264, Subpart D (contingency plan and emergency procedures), revised as of July 1, 2022 are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.520 Manifest system, recordkeeping, and reporting

(a) The provisions of 40 C.F.R. Part 264, Subpart E (manifest system, recordkeeping, and reporting), revised as of January 22, 2025, except 40 C.F.R. 264.70(b), are adopted by reference. Imports and exports of hazardous waste and manifest requirements are administered by EPA. Accordingly, the substitution of state terms for the EPA as referenced in 18 AAC 62.040(c) does not apply to 40 C.F.R. 264.71, 264.72, or 264.76.

(b) Notwithstanding 40 C.F.R. 264.75, the owner or operator must complete and submit EPA Form 8700-13 A/B to the department not later than March 1 of each year and must cover activities during the previous year.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.525 Releases from solid waste management units

(a) The provisions of 40 C.F.R. Part 264, Subpart F (releases from solid waste management units and corrective action programs), revised as of July 1, 2022, are adopted by reference.

(b) The statistical method selected for groundwater analysis must be conducted separately for each constituent in each well and the statistical analyses under each method must be developed in consideration of EPA's Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities - Unified Guidance (EPA 530-F-09-007, March 2009), adopted by reference, unless an alternative approach is approved by the department, using the performance standards in 40 C.F.R. 264.97(i), adopted by reference in (a) of this section.

History

Authority: AS 44.46.020; AS 46.03.296; AS 46.03.302 AS 46.03.020; AS 46.03.299; AS 46.03.710
Eff. 6/1/2025, Register 254

18 AAC 62.527 Procedures and standards for corrective action

(a) When a release from a solid waste management unit is identified, the owner or operator must comply with the requirements for the corrective action program under 18 AAC 62.525. The owner or operator must also comply with the requirements of 18 AAC 75.300 - 18 AAC 75.396 (discharge reporting, cleanup, and disposal of oil and other hazardous substances).

(b) Where soil or groundwater cleanup standards differ between this chapter and 18 AAC 75, the applicable standard is the most stringent of those standards.

History

Authority: AS 44.46.020; AS 46.03.296; AS 46.03.302 AS 46.03.020; AS 46.03.299; AS 46.03.710
Eff. 6/1/2025, Register 254

18 AAC 62.530 Closure and post-closure

The provisions of 40 C.F.R. Part 264, Subpart G ( closure and post-closure), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 44.46.020; AS 46.03.296; AS 46.03.302 AS 46.03.020; AS 46.03.299; AS 46.03.710
Eff. 6/1/2025, Register 254

18 AAC 62.535 Financial requirements

The provisions of 40 C.F.R. Part 264, Subpart H (financial requirements), revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 CFR 264.143(e)(1), 264.145(e)(1), or 264.147(a)(1)(ii), (b)(1)(ii), (g)(2), or (i)(4).

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.830 AS 46.03.296; AS 46.03.302; AS 46.03.833
Eff. 6/1/2025, Register 254

18 AAC 62.540 Use and management of containers

The provisions of 40 C.F.R. Part 264, Subpart I (use and management of containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.542 Tank systems

The provisions of 40 C.F.R. Part 264, Subpart J (tank systems), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.545 Surface impoundments

The provisions of 40 C.F.R. Part 264, Subpart K (surface impoundments), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.547 Waste piles

The provisions of 40 C.F.R. Part 264, Subpart L (waste piles), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.550 Land treatment

The provisions of 40 C.F.R. Part 264, Subpart M (land treatment), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.555 Landfills

The provisions of 40 C.F.R. Part 264, Subpart N (landfills), revised as of July 1, 2022 are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.560 Incinerators

The provisions of 40 C.F.R. Part 264, Subpart O (incinerators), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.565 Special provisions for cleanup

The provisions of 40 C.F.R. Part 264, Subpart S (special provisions for cleanup), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.570 Drip pads

The provisions of 40 C.F.R. Part 264, Subpart W (drip pads), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.575 Miscellaneous units

The provisions of 40 C.F.R. Part 264, Subpart X (miscellaneous units), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.580 Air emission standards for process vents

The provisions of 40 C.F.R. Part 264, Subpart AA (air emission standards for process vents), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.581 Air emission standards for equipment leaks

The provisions of 40 C.F.R. Part 264, Subpart BB (air emission standards for equipment leaks), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.582 Air emission standards for tanks, surface impoundments, and containers

The provisions of 40 C.F.R. Part 264, Subpart CC (air emission standards for tanks, surface impoundments, and containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.585 Containment buildings

The provisions of 40 C.F.R. Part 264, Subpart DD (containment buildings), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.590 Hazardous waste munitions and explosives storage

The provisions of 40 C.F.R. Part 264, Subpart EE (hazardous waste munitions and explosives storage), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.595 Fees for the electronic hazardous waste manifest program

The provisions of 40 C.F.R. Part 264, Subpart FF (fees for the electronic hazardous waste manifest program), revised as of January 22, 2025, are adopted by reference. Manifest requirements are administered by EPA. Accordingly, the substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to this section.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.599 Federal appendices

The following appendices to 40 C.F.R. 264, revised as of July 1, 2022, are adopted by reference:

(1) Appendix I (recordkeeping instructions);

(2) Appendix IV (Cochran's approximation to the Behrens-Fisher Students' t-test);

(3) Appendix V (examples of potentially incompatible waste);

(4) Appendix VI (political jurisdictions in which compliance with 264.18(a) must be demonstrated); and

(5) Appendix IX (ground-water monitoring list).

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.311 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

Article 6 Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

18 AAC 62.600 Purpose and scope

Repealed.

History

Eff. 8/7/92, Register 123; repealed 8/8/2003, Register 167

18 AAC 62.601 General provisions

The provisions of 40 C.F.R. Part 265, Subpart A (general), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.605 General facility standards

The provisions of 40 C.F.R. Part 265, Subpart B (general facility standards), revised as of January 22, 2025, are adopted by reference. For hazardous waste received from a foreign source, the substitution of state terms for the EPA as referenced in 18 AAC 62.040(c) does not apply to 40 C.F.R. 265.12(a).

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.610 Land disposal restrictions

Repealed.

History

Eff. 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.611 Preparedness and prevention

The provisions of 40 C.F.R. Part 265, Subpart C (preparedness and prevention), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.615 Contingency plan and emergency procedures

The provisions of 40 C.F.R. Part 265, Subpart D (contingency plan and emergency procedures), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.620 Manifest system, recordkeeping, and reporting

(a) The provisions of 40 C.F.R. 265, Subpart E (manifest system, recordkeeping, and reporting), revised as of January 22, 2025, except 40 C.F.R. 265.70(b), are adopted by reference. The substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to 40 C.F.R. 265.71, 265.72, or 265.76.

(b) Notwithstanding 40 C.F.R. 265.75, the owner or operator must complete and submit EPA Form 8700-13 A/B to the department not later than March 1 of each year and must cover activities during the previous year.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.625 Groundwater monitoring

The provisions of 40 C.F.R. Part 265, Subpart F (ground-water monitoring), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.630 Closure and post-closure

(a) The provisions of 40 C.F.R. Part 265, Subpart G (closure and post-closure), revised as of July 1, 2022, are adopted by reference.

(b) Where closure and post-closure requirements in 40 C.F.R. Part 265, Subpart G include corrective action requirements, the owner or operator must also comply with 18 AAC 62.527.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.635 Financial requirements

The provisions of 40 C.F.R. Part 265, Subpart H (financial requirements), revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 CFR 265.143(d)(1), 265.145(d)(1), or 265.147(a)(1)(ii), (b)(1)(ii), (g)(2), or (i)(4).

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.830 AS 46.03.296; AS 46.03.302; AS 46.03.833
Eff. 6/1/2025, Register 254

18 AAC 62.640 Use and management of containers

The provisions of 40 C.F.R. Part 265, Subpart I (use and management of containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.645 Tank systems

The provisions of 40 C.F.R. Part 265, Subpart J (tank systems), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.650 Surface impoundments

The provisions of 40 C.F.R. Part 265, Subpart K (surface impoundments), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.655 Waste piles

The provisions of 40 C.F.R. Part 265, Subpart L (waste piles), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.660 Land treatment

The provisions of 40 C.F.R. Part 265, Subpart M (land treatment), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.665 Landfills

The provisions of 40 C.F.R. Part 265, Subpart N (landfills), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.670 Incinerators

The provisions of 40 C.F.R. Part 265, Subpart O (incinerators), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.675 Thermal treatment

The provisions of 40 C.F.R. Part 265, Subpart P (thermal treatment), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.680 Chemical, physical, and biological treatment

The provisions of 40 C.F.R. Part 265, Subpart Q (chemical, physical, and biological treatment), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.685 Underground injection

The provisions of 40 C.F.R. Part 265, Subpart R (underground injection), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.690 Drip pads

The provisions of 40 C.F.R. Part 265, Subpart W (drip pads), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.691 Air emission standards for process vents

The provisions of 40 C.F.R. Part 265, Subpart AA (air emission standards for process vents), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.692 Air emission standards for equipment leaks

The provisions of 40 C.F.R. Part 265, Subpart BB (air emission standards for equipment leaks), revised as of July 1, 2022 are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.693 Air emission standards for tanks, surface impoundments, and containers

The provisions of 40 Part C.F.R. 265, Subpart CC (air emission standards for tanks, surface impoundments, and containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.694 Containment buildings

The provisions of 40 C.F.R. Part 265, Subpart DD (containment buildings), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.695 Hazardous waste munitions and explosives storage

The provisions of 40 C.F.R. Part 265, Subpart EE (hazardous waste munitions and explosives storage), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.696 Fees for the electronic hazardous waste manifest program

The provisions of 40 C.F.R. Part 265, Subpart FF (fees for the electronic hazardous waste manifest program), revised as of January 22, 2025, are adopted by reference. Manifest requirements are administered by EPA. Accordingly, the substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to this section.

History

Authority: AS 46.03.020; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.699 Federal appendices

The following appendices to 40 C.F.R. Part 265, revised as of July 1, 2022, are adopted by reference:

(1) Appendix I (recordkeeping instructions);

(2) Appendix III (EPA interim primary drinking water standards);

(3) Appendix IV (tests for significance);

(4) Appendix V (examples of potentially incompatible waste); and

(5) Appendix VI (compounds with Henry's Law Constant less than 0.1 Y/X).

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

Article 7 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

18 AAC 62.700 Purpose and scope

Repealed.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 8/7/92, Register 123; repealed 8/8/2003, Register 167) 18 AAC 62. 701. Recyclable materials used in a manner constituting disposal. (Eff. 6/1/2025, Register 254

18 AAC 62.705 Hazardous waste permits

Repealed.

History

Eff. 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.710 Hazardous waste permit program

Repealed.

History

Eff. 8/7/92, Register 123; repealed 8/8/2003, Register 167

18 AAC 62.711 Recyclable materials utilized for precious metal recovery

The provisions of 40 C.F.R. Part 266, Subpart F (recyclable materials utilized for precious metal recovery), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.720 Spent lead-acid batteries being reclaimed

The provisions of 40 C.F.R. Part 266, Subpart G (spent lead-acid batteries being reclaimed), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.730 Hazardous waste burned in boilers and industrial furnaces

The provisions of 40 C.F.R. Part 266, Subpart H (hazardous waste burned in boilers and industrial furnaces), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.740 Military munitions

The provisions of 40 C.F.R. Part 266, Subpart M (military munitions), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.750 Conditional exemption for low-level mixed waste storage, treatment, transportation, and disposal

The provisions of 40 C.F.R. Part 266, Subpart N (conditional exemption for low-level mixed waste storage, treatment, transportation and disposal), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.760 Hazardous waste pharmaceuticals

The provisions of 40 C.F.R. Part 266, Subpart P (hazardous waste pharmaceuticals), revised as of December 7, 2023, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.799 Federal appendices

The following appendices to 40 C.F.R. Part 266, revised as of July 1, 2022, are adopted by reference:

(1) Appendix I (Tier I and Tier II feed rate and emissions screening limits for metals);

(2) Appendix II (Tier I feed rate screening limits for total chlorine);

(3) Appendix III (Tier II emission rate screening limits for free chlorine and hydrogen chloride);

(4) Appendix IV (reference air concentrations);

(5) Appendix V (risk specific doses (10-5));

(6) Appendix VI (stack plume rise);

(7) Appendix VII (health-based limits for exclusion of waste-derived residues);

(8) Appendix VIII (organic compounds for which residues must be analyzed);

(9) Appendix IX (methods manual for compliance with the BIF regulations);

(10) Appendix XI (lead-bearing materials that may be processed in exempt lead smelters);

(11) Appendix XII (nickel or chromium-bearing materials that may be processed in exempt nickel-chromium recovery furnaces); and

(12) Appendix XIII (mercury bearing wastes that may be processed in exempt mercury recovery units).

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

Article 8 Standards for Owners or Operators of Hazardous Waste Facilities Operating Under a Standardized Permit

18 AAC 62.800 General provisions

The provisions of 40 C.F.R. Part 267, Subpart A (general), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.810 General facility standards

The provisions of 40 C.F.R. Part 267, Subpart B (general facility standards), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.820 Preparedness and prevention

The provisions of 40 C.F.R. Part 267, Subpart C (preparedness and prevention), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.830 Contingency plan and emergency procedures

The provisions of 40 C.F.R. Part 267, Subpart D (contingency plan and emergency procedures), revised as of July 1, 2022 are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.840 Recordkeeping, reporting, and notifying

(a) The provisions of 40 C.F.R. Part 267, Subpart E (recordkeeping, reporting, and notifying), revised as of January 22, 2025, are adopted by reference. Imports and exports of hazardous waste and manifest requirements are administered by EPA. Accordingly, the substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to 40 C.F.R. 267.71 or 267.72.

(b) Notwithstanding 40 C.F.R. 267.75(a), the owner or operator must complete and submit EPA Form 8700-13 A/B to the department not later than March 1 of each year and must cover activities during the previous year.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.850 Releases from solid waste management units

(a) The provisions of 40 C.F.R. Part 267, Subpart F (releases from solid waste management units), revised as of July 1, 2022, are adopted by reference.

(b) Where closure and post-closure requirements in 40 C.F.R. Part 267, Subpart F include corrective action requirements, the owner or operator must also comply with 18 AAC 62.527.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.860 Closure

The provisions of 40 C.F.R. Part 267, Subpart G (closure), revised as of July 1, 2022 are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.870 Financial requirements

The provisions of 40 C.F.R. Part 267, Subpart H (financial requirements), revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to 40 C.F.R. 267.147(g)(2).

History

Authority: AS 46.03.020; AS 46.03.299; AS 46.03.830 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.880 Use and management of containers

The provisions of 40 C.F.R. Part 267, Subpart I (use and management of containers), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.890 Tank systems

The provisions of 40 C.F.R. Part 267, Subpart J (tank systems), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

18 AAC 62.895 Containment buildings

The provisions of 40 C.F.R. Part 267, Subpart DD (containment buildings), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.302
Eff. 6/1/2025, Register 254

Article 9 Land Disposal Restrictions

18 AAC 62.900 Rulemaking petitions

Repealed.

History

Eff. 7/11/87, Register 103; am 8/7/92, Register 123; repealed 8/8/2003, Register 167

18 AAC 62.901 General provisions

The provisions of 40 C.F.R. Part 268, Subpart A (general), revised as of December 7, 2023, are adopted by reference. The substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to 40 C.F.R. 268.5 or 268.6.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.905 Hazardous waste activity fees

Repealed.

History

Eff. 2/19/93, Register 125; repealed 8/8/2003, Register 167

18 AAC 62.910 Required testing

Repealed.

History

Eff. 7/11/87, Register 103; am 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.911 Schedule for land disposal prohibition and establishment of treatment standards

The provisions of 40 C.F.R. Part 268, Subpart B (schedule for land disposal prohibition and establishment of treatment standards), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.920 Waste delisting

Repealed.

History

Eff. 7/11/87, Register 103; repealed 8/8/2003, Register 167

18 AAC 62.921 Prohibitions on land disposal

The provisions of 40 C.F.R. Part 268, Subpart C (prohibitions on land disposal), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.930 Treatment standards

The provisions of 40 C.F.R. Part 268, Subpart D (treatment standards), revised as of May 1, 2024, are adopted by reference. The substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to 40 C.F.R. 268.42(b) or 268.44.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.940 Prohibitions on storage

The provisions of 40 C.F.R. Part 268, Subpart E (prohibitions on storage), revised as of July 1, 2022, are adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

18 AAC 62.980 Definitions for, and revisions to, regulations adopted by reference

Repealed.

History

Eff. 7/11/87, Register 103; am 8/7/92, Register 123; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.990 Additional definition

Repealed.

History

Eff. 7/11/87, Register 103; am 8/8/2003, Register 167; repealed 6/1/2025, Register 254

18 AAC 62.999 Federal appendices

The following appendices to 40 C.F.R. Part 268, revised as of July 1, 2022, are adopted by reference:

(1) Appendix III (list of halogenated organic compounds regulated under 268.32);

(2) Appendix IV (wastes excluded from lab packs under the alternative treatment standards of 40 C.F.R.268.42(c));

(3) Appendix VI (recommended technologies to achieve deactivation of characteristics in 40 C.F.R. 268.42);

(4) Appendix VII (LOR effective dates of surface disposed prohibited hazardous wastes);

(5) Appendix VIII (LOR effective dates of injected prohibited hazardous wastes);

(6) Appendix IX (extraction procedure (EP) toxicity test method and structural integrity test (Method 1310b)); and

(7) Appendix XI (metal bearing wastes prohibited from dilution in a combustion unit according to 40 C.F.R. 268.3(c)).

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.299
Eff. 6/1/2025, Register 254

Article 10 Hazardous Waste Permits

18 AAC 62.1000 General provisions

(a) The provisions of 40 C.F.R. Part 270, Subpart A (general), except for 40 C.F.R. 270.3, revised as of December 7, 2023, are adopted by reference.

(b) The provisions of 40 C.F.R. 270.1(c)(2)(xi) that took effect December 10, 2024 are not adopted by reference.

(c) The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to the definitions in 40 C.F.R. 270.2 of "Approved program or approved State", "Director", "Final authorization", "Interim authorization", "Person", or "State".

18 AAC 62.1010 Siting of hazardous waste management facilities

For new facilities, not fewer than 365 days before the construction of a facility requiring a permit under this chapter, the owner or operator must initiate the requirements of 18 AAC 63, as amended through April 8 2012.

18 AAC 62.1020 Procedures for decision-making

(a) The provisions of 40 C.F.R. Part 124, Subparts A, B, and G, except for 40 C.F.R. 124.5(b), 124.16, 124.19, and 124.20, revised as of July 1, 2022, are adopted by reference. The substitution of terms referenced in 18 AAC 62.040(e) for the State of Alaska does not apply to the definitions in 40 C.F.R. 124.2(a) of "Director", "Interstate agency", "Person" or "State.". When the text of the federal regulations adopted by reference refers to appeals under 40 C.F.R. 124.19, under 18 AAC 62.010 - 18 AAC 62.1390 these references refer to appeals available under 18 AAC 62.1300.

(b) Items pertaining to permits for underground injection control under 42 U.S.C. 300f - 300j-27 (Safe Drinking Water Act), dredged or fill material under 33 U.S.C. 1344 (Section 404 of the Clean Water Act), the National Pollution Discharge Elimination System under 33 U.S.C. 1342 (Section 402 of the Clean Water Act) or the prevention of significant deterioration program under the Clean Air Act in 40 C.F.R. Part 124 are not adopted by reference.

18 AAC 62.1030 Permit application

The provisions of 40 C.F.R. Part 270, Subpart B (permit application), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1040 Permit conditions

The provisions of 40 C.F.R. Part 270, Subpart C (permit conditions), revised as of January 22, 2025, are adopted by reference.

18 AAC 62.1050 Changes to permit

The provisions of 40 C.F.R. Part 270, Subpart D (changes to permit), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1060 Expiration and continuation of permits

The provisions of 40 C.F.R. Part 270, Subpart E (expiration and continuation of permits), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1070 Special forms of permits

The provisions of 40 C.F.R. Part 270, Subpart F (special forms of permits), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1075 Interim status

The provisions of 40 C.F.R. Part 270, Subpart G (interim status), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1080 Remedial action plans

The provisions of 40 Part C.F.R. 270, Subpart H (remedial action plans (RAPs)), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1085 Integration with maximum achievable control technology (MACT) standards

The provisions of 40 C.F.R. Part 270, Subpart I (integration with maximum achievable control technology (MACT) standards), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1090 RCRA standardized permits for storage and treatment units

The provisions of 40 C.F.R. Part 270, Subpart J (RCRA standardized permits for storage and treatment units), revised as of July I, 2022, are adopted by reference.

Article 11 Standards for Universal Waste Management

18 AAC 62.1100 General provisions

The provisions of 40 C.F.R. Part 273, Subpart A (general), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1110 Electronic waste

(a) In addition to the wastes listed in 18 AAC.62.1100, electronic waste may be managed as universal waste in accordance with 18 AAC 62.1100 - 18 AAC 62.1160, or alternatively in accordance with 18 AAC 62.010 - 18 AAC 62.970.

(b) Electronic waste that is not a characteristic hazardous waste as determined by a toxicity characteristic leaching procedure (TCLP) performed on that specific item or model by the generator or manufacturer, or other documentation provided by the manufacturer and approved by EPA or the department, may be managed as solid waste as set out under 18 AAC 60.

18 AAC 62.1120 Standards for small quantity handlers of universal waste

The provisions of 40 C.F.R. Part 273, Subpart B (standards for small quantity handlers of universal waste), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1130 Standards for large quantity handlers of universal waste

The provisions of 40 C.F.R. Part 273, Subpart C (standards for large quantity handlers of universal waste), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1135 Standards for electronic waste for universal waste handlers

In addition to the requirements in 18 AAC 62.1120 and 18 AAC 62.1130, a small or large quantity handler of universal waste must manage universal electronic waste to prevent releases of electronic waste or any component of electronic waste to the environment by

(1) containing electronic waste in a manner that is structurally sound, adequate to prevent any leakage, adequate to prevent significant breakage, and compatible with electronic waste; and

(2) labeling with the words "Universal Electronic Waste."

18 AAC 62.1140 Standards for universal waste transporters

The provisions of 40 C.F.R. Part 273, Subpart D (standards for universal waste transporters), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1150 Standards for destination facilities

The provisions of 40 C.F.R. Part 273, Subpart E (standards for destination facilities), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1160 Import requirements

The provisions of 40 C.F.R. Part 273, Subpart F (import requirements), revised as of July 1, 2022, are adopted by reference.

Article 12 Standards for the Management of Used Oil

18 AAC 62.1210 Applicability

The provisions of 40 C.F.R. Part 279, Subpart B (applicability), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1220 Standards for used oil generators

The provisions of 40 C.F.R. Part 279, Subpart C (standards for used oil generators), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1230 Standards for used oil collection centers and aggregation points

The provisions of 40 C.F.R. Part 279, Subpart D (standards for used oil collection centers and aggregation points), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1240 Standards for used oil transporter and transfer facilities

The provisions of 40 C.F.R. Part 279, Subpart E (standards for used oil transporter and transfer facilities), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1250 Standards for used oil processors and re-refiners

The provisions of 40 C.F.R. Part 279, Subpart F (standards for used oil processors and re-refiners), revised as of July 1, 2022 are adopted by reference.

18 AAC 62.1260 Standards for used oil burners that burn off-specification used oil for energy recovery

The provisions of 40 C.F.R. Part 279, Subpart G (standards for used oil burners who bum off-specification used oil for energy recovery), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1270 Standards for used oil fuel marketers

The provisions of 40 C.F.R. Part 279, Subpart H (standards for used oil fuel marketers), revised as of July 1, 2022, are adopted by reference.

18 AAC 62.1280 Standards for use as a dust suppressant and disposal of used oil

The provisions of 40 C.F.R. Part 279, Subpart I (standards for use as a dust suppressant and disposal of used oil), revised as of July 1, 2022, are adopted and by reference.

Article 13 General Provisions

18 AAC 62.1300 Appeal of a decision

A person authorized under 18 AAC 15.200 may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 to review a final decision made under this chapter.

18 AAC 62.1320 Incorporated federal materials

The materials of 40 C.F.R. 260.11 (incorporation by reference), revised as of July 1, 2022, are adopted by reference. The substitution of state terms for the EPA or federal officials referenced in 18 AAC 62.040(c) and (d) does not apply to 40 C.F.R. 260.11.

18 AAC 62.1390 Definitions

(a) The definitions in 40 C.F.R. 260.10, revised as of December 7, 2023, are adopted by reference and apply to 18 AAC 62.010 - 18 AAC 62.1160. The substitution of terms referenced in 18 AAC 62.040(a) does not apply to the definition in 40 C.F.R. 260.10 of "Act or RCRA."

(b) The definitions in 40 C.F.R. 279.1, revised as of July 1, 2022, are adopted by reference, and apply to 18 AAC 62.1200 - 18 AAC 62.1280.

(1) "department" means the Department of Environmental Conservation;

(2) "electronic waste"

(A) includes

(i) hazardous waste that is a device that contains one or more circuit boards or other complex circuitry, including computer components, laptops, central processing units, mouses, keyboards, monitors, cellular telephones, audio or video devices, and copy machines; and

(ii) components, subassemblies, or other parts derived from the disassembly of electronic items; and

(B) does not include refrigerators, freezers, stoves, dishwashers, washing machines, or dryers;

(3) "EPA" means the United States Environmental Protection Agency;

(4) "generator" has the meaning given in 40 C.F.R. 260.10, adopted by reference in (a) of this section;

(5) "large quantity generator" has the meaning given in 40 C.F.R. 260.10, adopted by reference in (a) of this section;

(6) "manage" has the meaning given "management" in 40 C.F.R. 260.10, adopted by reference in (a) of this section;

(7) "RCRA" means the Resource Conservation and Recovery Act, Subchapter III (42 u.s.c. 6901 - 6939g);

(8) "small quantity generator" has the meaning given in 40 C.F .R. 260.10, adopted by reference in (a) of this section;

(9) "transporter" has the meaning given in 40 C.F.R. 260.10, adopted by reference in (a) of this section;

(10) "universal waste" has the meaning given in 40 C.F.R. 260.10, adopted by reference in (a) of this section;

(11) "universal waste handler" has the meaning given in 40 C.F.R. 260.10, adopted by reference in (a) of this section.

Chapter 63 Siting of Hazardous Waste Management Facilities

Article 1 Applicability and Basic Requirements

18 AAC 63.010 Applicability

(a) No person may construct or operate a hazardous waste management facility for which a permit is required under 18 AAC 62, a hazardous waste underground injection well classified under 40 C.F.R. 144.6(a)(1), a PCB incinerator for which approval to dispose of polychlorinated biphenyls (PCBs) or PCB Items is required under 40 C.F.R. 761.70, or a chemical waste landfill for which approval is required under 40 C.F.R. 761.75, without the required permit or approval and the corresponding approval under this chapter for the siting of that facility.

(b) Department approval under this chapter is not required for a facility that, on March 31, 1989

(1) is in compliance with the RCRA (Resource Conservation and Recovery Act of 1976) interim standards set out at 40 C.F.R. Part 265 (codified as of July 1986);

(2) has received a Part B permit under 40 C.F.R. Part 264; or

(3) is disposing of hazardous wastes in a permitted underground injection well classified as Class I under 40 C.F.R. 144.6(a)(1).

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.302 AS 46.03.110; AS 46.03.299; AS 46.03.313
Eff. 3/13/89, Register 109

18 AAC 63.020 Pre-application requirements

(a) At least 120 days before submitting to the department an application for siting approval under this chapter, an applicant who proposes to construct or operate a facility described in 18 AAC 63.010(a) shall

(1) prepare a preliminary application that contains the information required by 18 AAC 63.030(c)(1) - (12), and a fact sheet that describes the facility and summarizes the content of the preliminary application;

(2) publish notice of the proposed project in two editions of a newspaper of general circulation, and announce the notice at least twice a day for one week on a radio station, in the area where the facility is proposed to be located; and

(3) by certified mail, return receipt requested, send written notice of the proposed activity to the commissioner and

(A) to the city council of that city, if the proposed facility is to be located in a city,

(B) to the highest elected official of the organized borough in which the proposed facility is to be located, if the proposed facility is to be located in an organized borough but not in a city; or

(C) to the highest elected official of the nearest city or borough, if the proposed facility is to be located in the unorganized borough and not in a city.

(b) The public notice required by (a)(2) of this section must

(1) describe the proposed facility, including methods and technologies of hazardous waste management;

(2) identify

(A) the owner and operator of the facility;

(B) the proposed location of the facility;

(D) the types, estimated quantities, and sources of hazardous waste to be stored, treated, or disposed of at the facility;

(3) offer to any interested person, without charge, a copy of the fact sheet described in (a)(1) of this section; and

(4) specify a location at which two copies of the preliminary application described in (a)(1) of this section are available for public review.

(1) include an offer to meet with the affected city council or borough assembly in one or more informal public meetings to describe the proposed facility;

(2) discuss how the proposed facility will meet applicable state and federal requirements for the protection of public health and the environment; and

(3) discuss public health and environmental issues, including

(A) how the applicant will monitor for facility emissions to the air, water, and land;

(B) how the applicant will report emissions and spills to the public;

(C) how the applicant will respond to on-site accidents and spills and assist in emergencies involving shipments to and from the facility; and

(D) a description of proposed routes of transportation to and from the site, including safety considerations.

(d) Within 10 days after receiving notice from an applicant under (a)(3) of this section, the commissioner will appoint a seven-member advisory committee that consists of

(1) two persons who live near the proposed facility or along a transportation route to the facility;

(2) two persons recommended by the affected borough or city;

(3) a representative of the applicant; and

(4) two other persons who have social, cultural, or technical expertise essential for the advisory committee's function.

(e) An applicant must

(1) provide each member of the advisory committee with a copy of the preliminary application;

(2) participate in public meetings held by the committee to provide an overview of the proposed project, focusing on the public health and environmental issues set out in (c)(3) of this section, and to respond to concerns expressed by the public or by members of the advisory committee; and

(3) prepare written responses to concerns expressed during the pre-application period.

(f) The advisory committee shall

(1) elect a chairperson from among its members;

(2) schedule and hold three public meetings, at which the applicant provides information described in (c)(2) of this section;

(3) summarize information and facts about the proposed project;

(4) provide a forum for public discussions about the site and facility, and encourage a dialogue between the public and the applicant to answer questions and resolve any concerns; and

(5) report to the commissioner, summarizing the public meetings on the proposed project.

(g) The advisory committee shall hold its first meeting within 20 days after appointment. Within 80 days after appointment, the committee shall prepare a written report summarizing concerns expressed during the public meetings, how the applicant addressed or failed to address those concerns, and any commitments made by the applicant in response to the concerns. The committee shall submit the report to the applicant for written comment. Within 10 days after submitting the report to the applicant, and after considering the applicant's response, if any, the committee shall prepare a final report for distribution to the commissioner, the applicant, and any other person who participated in the pre-application process.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

18 AAC 63.030 Application requirements

(a) Upon completion of the pre-application requirements in 18 AAC 63.020, but no later than three years after the date of the advisory committee's final report, an applicant must submit to the commissioner a completed application, which must be signed as follows:

(1) in the case of a corporation, by a principal executive officer of at least the level of vice president, or that person's authorized representative if the representative is responsible for the overall management of the project or operation;

(2) in the case of a partnership, by a general partner;

(3) in the case of a sole proprietorship, by the proprietor; or

(4) if the operator is a municipal, state, federal, or other public agency, by a principal executive officer, an elected official, or other authorized employee.

(b) Repealed 4/8/2012.

(1) a cover letter that

(A) identifies the owner and operator of the facility;

(B) contains a statement that the applicant is aware of all applicable local ordinances and local zoning requirements; and

(i) the type of facility proposed;

(ii) the types, estimated quantities, and sources of wastes to be managed; and

(iii) the population and geographical area to be served;

(2) an aerial photograph, or set of photographs, on a scale of one centimeter equals 60 meters, which

(A) was taken within one year before the submittal date of the application, during a period of either minimum spring snow cover or minimal fall foliage cover; and

(B) includes an area extending out at least 3,500 meters in each direction from the proposed location of the active portions of the facility;

(3) a map, on the same scale and covering the same area as the aerial photograph described in (2) of this subsection, which clearly shows

(A) the location of the proposed activity;

(B) the property boundaries within which the proposed activity will take place;

(D) the applicable setback requirements of 18 AAC 63.040;

(E) identification of existing and proposed wells and boreholes;

(F) the location and boundaries of all rivers, lakes, streams, wetlands, floodplains, and tidal and freshwater drainages; and

(G) the location of any sole-source aquifer designated under 42 U.S.C. 300h-3 (sec. 1424 of the Safe Drinking Water Act; Public Law 93-523);

(4) an aerial photograph, or set of photographs, on a scale of one centimeter equals 600 meters, which

(A) was taken within one year before the submittal date of the application, during a period of either minimum spring snow cover or minimal fall foliage cover; and

(B) includes an area extending out at least 5,000 meters in each direction from the location of the proposed active portions of the facility;

(5) a map, on the same scale and covering the same area as the aerial photograph described in (4) of this subsection, which clearly shows

(A) the location of any area described in 18 AAC 63.040(c), including any critical habitat area, state game refuge, state game sanctuary, state range area, state wildlife reserve, areas subject to potential geophysical hazards, national wildlife refuge, national monument, and any designated wild and scenic river; and

(B) the nature, function, and land use zoning classification of each property immediately adjacent to each active portion of the proposed facility;

(6) a discussion of how the applicant plans to

(A) monitor for facility emissions to the air, water, and land;

(B) report emissions and spills to the public;

(D) prevent or mitigate effects on public health resulting from on-site accidents or spills; and

(E) prevent or mitigate conditions that would adversely affect agricultural or natural resources, or fish and wildlife or their habitats;

(7) a description of routes of transportation to and from the site, and safety considerations;

(8) a description of potential impact on property values near the site due to construction and operation of the proposed facility;

(9) a discussion of how the proposed facility is compatible with existing land use patterns;

(10) proof that the landowner has received written notice that fully describes the proposed activity; the proof must include

(A) the pages from a lease agreement that are clearly relevant to the proposed activity, including the signature page; or

(B) a written statement signed by the landowner, stating that the landowner consents to the proposed activity;

(11) the financial assurance and compliance history reports described in 18 AAC 63.050;

(12) the applicable documents required by 18 AAC 63.100 - 18 AAC 63.130; and

(13) a written statement confirming that the requirements of 18 AAC 63.020 have been met, and

(A) a copy of all supporting documents, including a copy of each public notice required under 18 AAC 63.020(a)(2), and the publisher's affidavit of publication for each notice published in a newspaper;

(B) a list of the names and addresses of all persons who sent letters or are known to have attended public meetings concerning the application;

(C) a copy of the applicant's written responses to concerns expressed during the pre-application period, including commitments made by the applicant to address those concerns; and

(D) a copy of the advisory committee's final report.

(d) If an application is deficient, the department will notify the applicant by certified mail within 30 days after receipt of the application, describing the deficiencies and identifying the information that must be submitted. The time period set in 18 AAC 63.500(c) for review of an application will be held in abeyance until receipt of the required information. When the deficiencies are corrected, the application will be considered complete, and the department will continue processing the application. The department will issue its decision on the application within 180 days after determining that the application is complete.

(e) If the applicant fails to submit the application required under this chapter, and the corresponding application required under 18 AAC 62, 40 C.F.R. 144.31, 40 C.F.R. 761.70, or 40 C.F.R. 761.75, within three years after the date of the advisory committee's final report, the applicant must repeat the requirements of 18 AAC 63.020.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109; am 4/8/2012, Register 202

18 AAC 63.040 Location requirements

(a) The active portion of a hazardous waste management facility that is not subject to the provisions of (e) of this section must meet the applicable setback distance in Table I of this subsection with regard to nearby land use. To meet the setback requirements, the mean annual high water, high lake level, or high stream flow must be used to locate the boundary of the surface water.

TABLE I

Minimum Setback Requirements (in meters)

SITING CRITERIA

TYPE OF FACILITY Storage or

Treatment Incineration Land Disposal

or Underground

Injection Well

Any property line25150500 Any public right-of-

way50200500 Any surface waters75250750 Water supply point of

withdrawal1501,5003,000 The department will, in its discretion, require a greater setback distance for a facility

if necessary to protect public health. Upon request by the applicant, and a determina-

tion by the department that no risk to public health will result, the department will, in

its discretion, waive the setback requirement for lakes smaller than 10 hectares and

streams with a flow rate of one-half cubic meter per second or less.

(b) A hazardous waste management facility that is not described in Table I must meet the setback requirement for a storage or treatment facility. A facility that includes a combination of operational units must meet the most stringent setback requirement applicable to any unit in the combination.

(1) a critical habitat area, state game refuge, state game sanctuary, state range area, or state wildlife reserve designated under state law;

(2) a critical habitat area designated by the federal government under 16 U.S.C. 1531 - 1543 (the Endangered Species Act of 1973);

(3) an area subject to high risks from seismic or volcanic activity, steep inclines, ice-affected coasts, floods, tsunamis, or avalanches, unless the facility is designed to withstand the 100-year maximum probable seismic, volcanic, or flooding event, and to prevent release of hazardous substances; the maximum probable seismic, volcanic, or flooding event must be determined within the 99 percent confidence interval;

(4) a national wildlife refuge, national monument, or national park;

(5) a wild and scenic river established under 16 U.S.C. 1271 - 1287; or

(6) a sole-source aquifer designated under 42 U.S.C. 300h-3 (sec. 1424 of the Safe Drinking Water Act; (Public Law 93-523)).

(d) No person may construct a hazardous waste land facility, or a chemical waste landfill, so that the active or closed portions are in wetlands.

(e) A temporary facility operating in remedial response to a release of a hazardous substance, hazardous waste, PCBs, or PCB Items, need not comply with the requirements of this section unless the department determines that a setback is necessary to protect public health.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

18 AAC 63.050 Financial assurance and compliance history

As required by 18 AAC 63.030(c)(11) an application for siting approval under this chapter must also include

(1) a report that demonstrates the financial qualifications of the applicant as described in 40 C.F.R. 264.143 (codified as of July 1986); and

(2) a report of the most recent three-year compliance history of each similar facility owned or operated by the applicant, including

(A) the location and name of each similar hazardous waste management facility, hazardous waste underground injection well, chemical waste landfill, or PCB incinerator;

(B) a copy of all written correspondence from the United States Environmental Protection Agency (EPA) or any other applicable regulatory agency, related to the compliance history and present compliance status;

(C) a copy of all written responses by the applicant to past violations identified by the EPA and other appropriate regulatory agencies; and

(D) a description of any corrective actions taken to prevent future violations.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

Article 2 Requirements for Hazardous Waste or PCB Incinerators, Hazardous Waste Land Facilities, Chemical Waste Landfills, and Hazardous Waste Underground Injection Wells

18 AAC 63.100 Risk assessment

In addition to the other applicable requirements of this chapter, an application for a hazardous waste or PCB incinerator, hazardous waste land facility, chemical waste landfill, or hazardous waste underground injection well must also include a report identifying the risk the facility might pose to the public, including

(1) a description of the hazardous waste, PCBs, or PCB Items associated with the operation of the facility;

(2) identification of each hazardous constituent, as listed in 40 C.F.R. Part 261, Appendix VIII (codified as of July 1986), that is expected to be discharged or released from the facility into the air, water, land, or subsurface land in a quantity or concentration that could pose a substantial present or potential hazard to human health, or could cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, based on

(A) existing data of its known capacity to cause an adverse effect, as published by the

(i) United States Department of Health and Human Services, National Institute for Occupational Safety and Health, in its Registry of Toxic Effects of Chemical Substances;

(ii) United States Environmental Protection Agency; and

(iii) Agency for Toxic Substance and Disease Registry;

(B) the potential severity of an adverse effect;

(D) known adverse effects on humans; and

(3) for each hazardous constituent identified under (2) of this section, a risk assessment that

(A) determines the probability that the discharge or release will cause harm;

(B) identifies the nature of the harm;

(D) includes a statistical validation of the calculated probability.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

18 AAC 63.110 Information required for hazardous waste or PCB incinerators

In addition to the other applicable requirements of this chapter, an application for a hazardous waste or PCB incinerator must also include a report that

(1) describes how the hazardous waste incinerator would meet the requirements of 40 C.F.R. Part 264, Subpart O (codified as of July 1986), or how the PCB incinerator would meet the requirements of 40 C.F.R. 761.70 (codified as of July 1986);

(2) assesses the impact on the ambient air quality of a regulated air contaminant under 18 AAC 50, or any toxic air contaminant, that the facility is expected to emit;

(3) includes conclusive evidence that the expected maximum emissions from the facility will not cause a violation, or contribute to an existing violation, of the ambient air quality standards set out at 18 AAC 50.020(a) or of allowable increments set out in 18 AAC 50.020(b);

(4) provides the results of tests representative of surface water samples taken within a 1,000 meter radius from the proposed facility for the presence of any hazardous constituent identified under 18 AAC 63.100(2);

(5) contains conclusive evidence that the proposed emission control system represents the best available control technology for each regulated air contaminant or toxic air contaminant from each source, as "source" is defined in 18 AAC 50.900;

(6) includes an analysis of the impact of expected maximum omissions from the facility on fish, wildlife, water, visibility, vegetation, and soils; and

(7) includes a proposed monitoring program for determining air, groundwater, and surface water quality on a continual basis during the operation of the facility and for at least three years after closure.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

18 AAC 63.120 Geotechnical information required for hazardous waste land facilities and chemical waste landfills

(a) In addition to the other applicable requirements of this chapter, each application for a hazardous waste land facility or chemical waste landfill must also include a proposed groundwater monitoring program that meets the requirements of

(1) 40 C.F.R. 265.91 (codified as of July 1986), for a hazardous waste land facility; or

(2) 40 C.F.R. 761.75(b)(6) (codified as of July 1986), for a chemical waste landfill.

(b) An application for a hazardous waste land facility or chemical waste landfill must also include a geotechnical report that contains

(1) borehole (drill-hole) logs that include

(A) the names of drillers and loggers;

(B) detailed descriptions of all geologic layers penetrated;

(D) sample depths;

(E) dates of boring;

(F) water-level measurements during and after drilling with time and conditions of hole when made;

(G) substrate test data plotted on boring logs, including field classification, torvane, pocket penetrometer, and laboratory data;

(H) exact locations of test holes, plotted on the map required by 18 AAC 63.030(c)(3);

(I) standard penetration test blow counts by ASTM D1586-84; and

(J) thermal condition and percent ice content, if any;

(2) the results of subsurface lithologic sampling from every well, test-hole, or bore drilled; and

(3) the geologic properties and groundwater occurrence at each identified lithologic unit of the site.

(c) To conduct the tests and collect the data required under (b) of this section, not less than one subsurface boring must be made in proposed active portions for each hectare or portion of a hectare. Boring information may be supplemented with geophysical testing, such as resistivity, seismic refraction, and gravity surveys. Where feasible, borings must be located so that there is a minimum of one boring for each major geomorphic feature, such as a ridge, a lowland, or drainage swale, and all borings must extend not less than 30 meters below the anticipated bottom elevation of any installed or constructed liner.

(d) At each boring required under (c) of this section, representative substrate or rock samples must be collected from each geologic layer, or every two meters, whichever is less, using either Shelby-tube or split-spoon samplers. If a significant change in lithology, such as bedrock or frozen substrate, is encountered within the boring depth specified, continuous rotary-cut core samples must be collected and field identified. Refrigerated, freezing-point-depressed fluids approved by the department must be used for the coring of frozen rock or substrate. Field identifications of bedrock samples must be verified by laboratory inspection of hand specimen and thin section. Test holes must be cased and abandoned holes plugged in such a way as to preclude the possibility of having them conduct hazardous waste to the subsurface. Estimates of rock porosity must be made. Samples must be tested for

(1) particle size distribution by both sieve and hydrometer method;

(2) Atterberg Limits and associated parameters (plasticity index, liquidity index, and natural moisture content) according to ASTM D4318-84 and ASTM D424-59;

(3) classification under the unified soil classification system, according to ASTM D287-85;

(4) moisture content, according to ASTM D422-63; and

(5) permeability with water by the triaxial cell method as described in EPA publication SW-925, 1984, constant head method, ASTM D2434-68; by approved in-situ field method; or by any other method approved by the department.

(e) Permeability of rock under (d)(5) of this section must be determined by a method that adequately accounts for the presence of joints and fractures; permeability of frozen substrate or rock must be determined only by procedures that have been approved in advance by the department. Samples collected for determination of permeability by the triaxial cell method must be collected by the standard undisturbed 7.6 centimeter diameter Shelby-tube soil sampling technique; nonstandard sampler and hammer combinations may be used as appropriate in coarse granular substrate.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

18 AAC 63.130 Geologic and hydrological information required for hazardous waste land facilities, chemical waste landfills, and hazardous waste underground injection wells

(a) An applicant seeking approval under this chapter for a site proposed for use as a hazardous waste land facility, chemical waste landfill, or hazardous waste underground injection well must demonstrate to the department's satisfaction that the naturally occurring geologic strata are capable of preventing the release of waste to the environment for 1,000 years, or some demonstrated shorter time period in which the wastes would be transformed to an innocuous condition. The geologic strata must be of sufficient integrity to withstand the maximum probable 1,000-year seismic, volcanic, or flooding event. The maximum probable seismic, volcanic, or flooding event must be determined within the 90 percent confidence interval.

(b) The demonstration required by (a) of this section must show that

(1) there is a 90 percent probability that the thickness and permeability of the geologic strata immediately surrounding the site will, for 1,000 years, prevent contact with any aquifer suitable for use as a drinking water supply;

(2) the facility will be placed so that disposal locations will not significantly impact or be impacted by any free-flowing or standing surface water for 1,000 years; and

(3) the geochemical characteristics of the geologic strata at the site are compatible with the wastes proposed to be disposed of at the site.

(c) An application for a hazardous waste land facility, chemical waste landfill, or hazardous waste underground injection well must also include

(1) a description of the hydrology of the cataloging unit from the Alaska Hydrologic Unit Map of the area where the proposed facility is to be located, including

(A) a description of the groundwater flow system showing areas of recharge and discharge and direction of groundwater flow;

(B) a description of the climate, including precipitation, temperature, and evapotranspiration;

(D) a discussion of any other features, such as wetlands, lakes, glaciers, or permafrost, that relate to the general hydrological setting;

(2) a detailed description of the hydrogeology of the proposed disposal site which includes identification of all hydrostratigraphic units beneath the surface which could reasonably be expected to be impacted within 1,000 years, determinations of direction and rate of groundwater flow, and the technical basis for those determinations;

(3) the location and identification of all aquifers within a 5,000 meter radius of the proposed site, as evidenced by available boring or well logs, other geophysical or geological data, or other available information;

(4) a delineation on the topographic map required by 40 C.F.R 270.14(b)(19) (codified as of July 1986) of the proposed active portions of the facility and each proposed point of compliance;

(5) identification on the topographic map required by 40 C.F.R. 270.13(h) (codified as of July 1986) of all domestic, municipal, or industrial water wells, and oil and gas wells and borings, within 5,000 meters in all directions of the property line of the proposed facility; and

(6) a description of any plume of contamination that has entered the groundwater from any solid waste disposal site or any other waste disposal activity on the property at the time the application is submitted, which

(A) delineates the extent of the plume on the topographic map required by 40 C.F.R. 270.14(b)(19) (codified as of July 1986);

(B) delineates the vertical and horizontal distribution of the plume; and

(C) identifies the concentration of each constituent listed in 40 C.F.R. Part 261, Appendix VIII (codified as of July 1986) throughout the plume, and identifies the maximum concentrations of each such constituent in the plume.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109

Article 3 Review Criteria

18 AAC 63.500 Application review and department decision

(a) At any time before the department's decision under this section, the applicant may request an informal pre-issuance conference to discuss the progress of the application. The request will be granted if the applicant demonstrates that holding a conference will materially aid the department in reaching its decision. The conference will be tape recorded. In the department's discretion, the time period set in (c) of this section for review of the application will be held in abeyance until completion of the conference.

(b) If practicable, communications between the applicant and an employee of the department regarding the application should be in writing. If oral communications are made, other than at a pre-issuance conference, the department employee will prepare a memorandum for the record which identifies the person with whom the employee communicated, the date and time of the communication, and briefly summarizes the substance of the communication.

(c) Within 60 days after receipt of a complete application for siting approval, the department will issue either its preliminary decision to approve the application, or its disapproval. If the department's preliminary decision is to approve the application, the department will

(1) make the preliminary decision available for public comment;

(2) send a copy of the preliminary decision to members of the advisory committee and to each person who participated in the pre-application process under 18 AAC 63.020; and

(3) publish notice of a public hearing to be held in the community nearest to the location of the proposed facility.

(d) The department's final decision will be mailed to the applicant, to members of the advisory committee, and to each person who submitted timely comments on the application or who testified at a public meeting held under 18 AAC 63.020 or the public hearing held under this section. The final decision will include

(1) written approval or disapproval of the site proposed in the application, and a summary of the basis for the decision; and

(2) a statement that any person who is aggrieved by the department's decision may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

(e) Except as provided otherwise in (f) - (i) of this section, the department will, in its discretion, approve an application for the siting of a hazardous waste management facility within 180 days after receiving a complete application that shows that

(1) the pre-application requirements of 18 AAC 63.020 have been met;

(2) the application requirements of 18 AAC 63.030 are complete;

(3) the financial reporting requirements of 18 AAC 63.050 are complete; and

(4) the risk assessment, if required by 18 AAC 63.100, indicates that the risk of morbidity or mortality to an exposed member of the public is

(A) less than a 10-6 (one in one million) risk; or

(B) greater than a 10-6 (one in one million) but less than a 10-4 (one in ten thousand) risk, in which case the department will, in its discretion, impose appropriate terms and conditions under (j) of this section.

(f) The department will, in its discretion, approve an application for the siting of a hazardous waste storage or treatment facility within 180 days after receiving a complete application that shows that the applicant has met

(1) the requirements listed in (e)(1) - (3) of this section; and

(2) the applicable location requirements of 18 AAC 63.040(a), (b), and (c).

(g) The department will, in its discretion, approve an application for the siting of a hazardous waste underground injection well within 180 days after receiving a complete application that shows that the applicant has met

(1) the requirements listed in (e)(1) - (4) of this section;

(2) the applicable location requirements of 18 AAC 63.040(a), (b), and (c); and

(3) the geologic and hydrological reporting requirements in 18 AAC 63.130.

(h) The department will, in its discretion, approve an application for the siting of a hazardous waste land facility or chemical waste landfill within 180 days after receiving a complete application that shows that the applicant has met

(1) the requirements listed in (e)(1) - (4) of this section;

(2) the applicable location requirements of 18 AAC 63.040(a) - (d);

(3) the geotechnical requirements of 18 AAC 63.120; and

(4) the geologic and hydrological reporting requirements in 18 AAC 63.130.

(i) The department will, in its discretion, approve an application for the siting of a hazardous waste or PCB incinerator within 180 days after receiving a complete application that shows that the applicant has met

(1) the requirements listed in (e)(1) - (4) of this section;

(2) the applicable location requirements of 18 AAC 63.040(a), (b), and (c); and

(3) the design and air quality analysis requirements of 18 AAC 63.110.

(j) The department will, in its discretion, attach terms and conditions to its approval to ensure compliance with applicable state laws and regulations. The department will, in its discretion, include in its approval any commitments that were made by the applicant during the pre-application period described in 18 AAC 63.020, and that are within the department's authority to require.

(k) An approval under this section is valid only for the operations described in the application, and authorizes only that facility specified in the approval. If the operator subsequently wants to add a different type of operational unit, or modify the existing facility to increase its capacity in a manner that might cause an increase in release or discharge, the owner or operator shall notify the department and must show that the applicable setback requirements under this chapter will continue to be met and that the risk assessment made under this chapter remains valid.

(l) Except in the case of a corporate restructuring, any approval issued under this chapter may not be transferred before the facility has received the corresponding approval required under 18 AAC 62, 40 C.F.R. 144.6, 40 C.F.R. 761.70, or 40 C.F.R. 761.75. After that, the approval under this chapter may be transferred only in conjunction with an approved transfer of the corresponding permit or approval.

(m) An approval under this chapter is void if

(1) the applicant fails to submit an application for a corresponding permit required under 18 AAC 62 or 40 C.F.R. 144.6, or approval required under 40 C.F.R. 761.70, or 40 C.F.R. 761.75; or

(2) an application for a corresponding permit required under 18 AAC 62 or 40 C.F.R. 144.6, or approval required under 40 C.F.R. 761.70, or 40 C.F.R. 761.75 is denied.

(n) The department will deny an application submitted for approval under this chapter if any applicable requirement of this chapter is not met, or if the department determines that the applicant has submitted false information as part of the application process.

History

Authority: AS 46.03.020; AS 46.03.313
Eff. 3/31/89, Register 109; am 7/11/2002, Register 163

Article 4 General Provisions

18 AAC 63.900 Definitions

Unless the context indicates otherwise, in this chapter

(1) "active portion" means that portion of a hazardous waste management facility where treatment, storage, or disposal operations will be or have been conducted; the active portion of an underground injection well is the confining zone that consists of a geological formation, group of formations, or part of a formation that confines fluid movement to an injection zone;

(2) "approved" means approved in writing by the department;

(3) "aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs;

(4) "ASTM" refers to tests established by the American Society for Testing and Materials, available from the department;

(5) "best available control technology" means that emission limitation that represents the maximum reduction achievable for each air contaminant, taking into account energy, environmental, and economic impacts, and other costs; the resulting emissions must comply with applicable federal emission standards; best available control technology may include, for example, design features, equipment specifications, work practices, operational standards, or combinations of these factors;

(6) "chemical waste landfill" means a landfill at which protection against risk of injury to health or the environment from migration of PCBs to land, water, or the atmosphere is provided from the PCBs or PCB Items deposited in that landfill by locating, engineering, and operating the landfill as specified in 40 C.F.R. 761.75 (codified as of July 1986);

(7) "commissioner" means the commissioner of the Department of Environmental Conservation;

(8) "department" means the Department of Environmental Conservation;

(9) "facility" means all contiguous land, and the structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste, PCBs, or PCB Items; a facility may consist of one, several, or a combination of operational units;

(10) "hazardous waste" means waste that is defined as hazardous by 40 C.F.R. 261.3 (codified as of July 1986), or waste that includes a toxic pollutant identified in 40 C.F.R. 129.4 (codified as of July 1986), or is a waste or combination of wastes that, because of quantity, concentration, or physical, chemical, or infectious characteristics, might

(A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(B) pose a substantial present or potential hazard to human health or the environment if improperly managed, treated, stored, transported, or disposed of;

(11) "hazardous waste incinerator" means an enclosed device that

(A) uses controlled temperatures to convert or to change the chemical, physical, or biological character or composition of the hazardous waste;

(B) is not a PCB incinerator and that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace; and

(12) "hazardous waste land facility" means either a surface impoundment, landfill other than a chemical waste landfill, land treatment facility, or waste pile, that treats, stores, or disposes of hazardous waste;

(13) "hazardous waste management facility" means any facility that treats, stores, or disposes of hazardous waste;

(14) "hazardous waste underground injection well" means a bored, drilled, or driven shaft, or dug hole, the depth of which is greater than the largest surface dimension, which receives hazardous waste that flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state;

(15) "injection zone" means a geologic formation, group formation, or part of a formation receiving fluids through an underground injection well;

(16) "PCB" and "PCBs" means a chemical substance that is limited to the biphenyl molecule that has been chlorinated to varying degrees or any combination of substances which contains that substance; refer to 40 C.F.R. 761.1(b) (codified as of July 1986) for applicable concentrations of PCBs; PCB and PCBs as contained in PCB Items are defined in 40 C.F.R. 761.3 (codified as of July 1986); in this chapter, inadvertently generated non-Aroclor PCBs are defined as the total PCBs calculated following division of the quantity of monochlorinated biphenyls by 50 and dichlorinated biphenyls by 5;

(17) "PCB incinerator" means an engineered device that

(A) uses controlled flame combustion to change the chemical, physical, or biological character or composition of the PCBs and PCB Items;

(B) neither meets the criteria for classification as a boiler nor is listed as an industrial furnace; and

(18) "PCB Item" means a PCB Article, PCB Article Container, PCB Container, or PCB Equipment, as defined in 40 C.F.R. 761.3 (codified as of July 1986), that deliberately or unintentionally contains or has as part of it any PCB or PCBs;

(19) "point of compliance" means the vertical plane located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated waste;

(20) "release" means spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing a hazardous substance or pollutant or contaminant, but excludes

(A) a release that results in exposure to persons solely within a workplace, with respect to a claim that those persons might assert against their employer;

(B) emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

(C) release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in 42 U.S.C. 2014 (the Atomic Energy Act of 1954), if that release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under 42 U.S.C. 2210(a) (section 170 of the Act), or for the purposes of 42 U.S.C. 9604 (sec. 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; CERCLA), or any response action, any release of source byproduct, or special nuclear material from a processing site designated under 42 U.S.C. 7912(a)(1) or 7942(a) (section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978); and

(D) the normal application of fertilizer;

(21) "risk assessment" means the methods and procedures described by the EPA in the Federal Register, Vol. 51, No. 185, pages 33992 - 34003, Wednesday, September 24, 1986;

(22) "temporary" means operating in connection with a remedial response to the release of hazardous waste, PCBs, or PCB Items into the environment; a facility is temporary if it is operated more than one day and is removed from the site as soon as practicable after the operation is completed, but in no case longer than 1,000 days after the date of installation;

(23) "water" or "waters" means lakes, bays, sounds, ponds, impounding reservoirs, springs, creeks, estuaries, marshes, inlets, straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea, and Arctic Ocean, in the territorial limits of the state, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially in or bordering upon the state or under jurisdiction of the state; "water" or "waters" does not include ponds or lagoons or parts of wastewater treatment systems which are lined or constructed in such a manner that seepage into the ground is not allowed;

(24) "water supply" means any of the waters of the state which are used or designated to be protected for fresh water or marine water uses, including water used for drinking, culinary, food processing, agricultural, aquacultural, seafood processing, or industrial purposes; and

(25) "wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions; "wetlands" generally includes tundra and swamps, marshes, bogs, and similar areas.

History

Authority: AS 46.03.020; AS 46.03.296; AS 46.03.302 AS 46.03.110; AS 46.03.299; AS 46.03.313
Eff. 3/31/89, Register 109

Chapter 64 Litter Receptacles

18 AAC 64.005 General requirements

(a) A person who owns or operates any of the following public places shall provide litter receptacles as required in this chapter:

(1) designated rest areas and scenic view points along public highways outside urban areas;

(2) parks and recreation areas accessible by road;

(3) campgrounds and trailer parks for transient use;

(4) service stations;

(5) fast-food restaurants, self-service refreshment areas, taverns, grocery stores, and shopping malls;

(6) parking lots for more than 50 vehicles;

(7) marinas, boat launching areas, and marine fueling stations;

(8) piers, docks, and small boat harbors accessible by road;

(9) central business district sidewalks in cities and organized boroughs;

(10) designated bus stops for public transportation systems used by at least 30 persons daily in communities of less than 10,000 people or 20 persons in any hour in communities over 10,000 people;

(11) schoolgrounds; and

(12) sites for sporting events, fairs, carnivals, circuses, festivals, and other similar public events.

(b) The requirements of (a) of this section apply only when the places or events listed are open to the public.

History

Authority: AS 46.03.020(10)AS 46.06.010(8)AS 46.06.050
Eff. 10/2/83, Register 87

18 AAC 64.010 Placement

(a) The minimum number of receptacles required in each public place under 18 AAC 64.005 is as follows:

(1) along public highways, one receptacle at each rest area or scenic view point officially designated as such by the authority with jurisdiction over maintenance of the highway;

(2) in parks and recreation areas accessible by road, one receptacle at each established trailhead leading from the central activity area, and one receptacle for each restroom, picnic table, and drinking fountain, except that fewer receptacles in the central activity area will be allowed if the total capacity of those receptacles is at least ten gallons times the number of restrooms, picnic tables and drinking fountains;

(3) at campgrounds and trailer parks for transient use, one receptacle for each unit or space designated for setting up a recreation vehicle or for camping, except that fewer receptacles will be allowed if the total capacity of those receptacles is at least ten gallons times the number of units or spaces;

(4) at service stations, one receptacle for each fuel pump island;

(5) outside fast-food restaurants, self-service refreshment areas, taverns, grocery stores, and shopping malls, one receptacle within 50 feet of each public exit;

(6) in parking lots for more than 50 vehicles, one receptacle plus one receptacle for each additional 200 parking spaces;

(7) at marinas, boat launching areas, marinas, fueling stations, piers, docks, and small boat harbors accessible by road, one receptacle;

(8) on central business district sidewalks in cities and organized boroughs, one receptacle every 800 feet on each side of the street, placed by the unit of local government responsible for litter removal, except that the local government may count receptacles placed by other persons to meet the requirements of this section;

(9) at each bus stop described in 18 AAC 64.005(a)(10), one receptacle;

(10) at schoolgrounds, one receptacle at each bus loading zone; and

(11) at sites for sporting events, fairs, carnivals, circuses, festivals, and other similar public events, and one receptacle at each exit, plus onsite receptacles with a total capacity of 10 gallons for each 500 persons expected to attend daily.

(b) The department will, in its discretion, grant variances from the provisions of this section when a requester shows that it has a viable in-place litter control program.

(c) A public place with a frequent accumulation of uncontained litter is considered to have an insufficient number of receptacles or an insufficient collection frequency, and the department will, in its discretion, impose additional requirements.

History

Authority: AS 46.03.020(10)AS 46.06.010(8)AS 46.06.050
Eff. 10/2/83, Register 87

18 AAC 64.015 Minimum standards

(a) Litter receptacles placed in compliance with this chapter must

(1) hold at least 10 gallons;

(2) keep their original shape when placed outdoors;

(3) resist rust, corrosion, and other degradation;

(4) conform with fire, safety, and public health laws, ordinances, and regulations;

(5) reasonably resist movement and destruction by vandals, winds, and animals;

(6) prevent blowing of litter from the receptacle; and

(7) attract attention and encourage the deposit of litter.

(b) Litter receptacles in place before July 1, 1980, satisfy the requirements of this section if the anti-litter decal described in 18 AAC 64.020 appears on the receptacle.

History

Authority: AS 46.03.020(10)AS 46.06.010(8)AS 46.06.050
Eff. 10/2/83, Register 87

18 AAC 64.020 Anti-litter symbol

(a) The Alaska anti-litter symbol required by AS 46.06.050 to be placed on receptacles is as follows:

Click to view SIGN

(b) On request, the department will provide decals bearing the Alaska anti-litter symbol.

(1) be placed on litter receptacles covered by this chapter; and

(2) not be part of a commercial advertisement on the receptacle.

History

Authority: AS 46.03.020(10)AS 46.06.010(8)AS 46.06.050
Eff. 10/2/83, Register 87

18 AAC 64.025 Maintenance

A person who places litter receptacles in compliance with this chapter must

(1) empty them often enough to prevent overflow and offensive odors;

(2) dispose of the contents in accordance with 18 AAC 60; and

(3) maintain them to meet the requirements of this chapter.

History

Authority: AS 46.03.020(10)AS 46.06.010(8)AS 46.06.050
Eff. 10/2/83, Register 87

18 AAC 64.250 Definitions

In this chapter

(1) "department" means the Department of Environmental Conservation;

(2) "fast-food restaurant" means a restaurant that sells food packaged in disposable containers or wrappers, even when the food is to be consumed on the premises;

(3) "litter receptacle" means a container used to hold litter;

(4) "person" means a governmental agency in addition to the entities listed in AS 01.10.060(7);

(5) "public place" means an area open to and used by the public, whether owned or operated by public or private interests;

(6) "recreation area" means an area officially designated for public recreation use by the agency with management jurisdiction over the area; and

(7) "tavern" means a business establishment operating under a beverage dispensary license in accordance with AS 04.11.090, except that an establishment which derives a preponderance of its income from the sale of food is not a tavern.

History

Authority: AS 46.03.020(10)AS 46.06.010(8)AS 46.06.050
Eff. 10/2/83, Register 87

Chapter 65 Litter Reduction and Resource Recovery Grants

18 AAC 65.005 Applicability

This chapter applies to grants made by the department under AS 46.06.120.

History

Authority: AS 46.06.130; AS 46.03.020(10)
Eff. 6/27/81, Register 78

18 AAC 65.010 Project eligibility

The department will make a grant to a project only for the purpose of

(1) organizing and operating litter removal activities conducted by municipalities and non-profit organizations;

(2) expanding or modifying existing facilities or planning, designing, and constructing new facilities for recycling materials or recovering energy from solid waste;

(3) purchasing or leasing recycling equipment, paying the cost of operating that equipment, and paying the cost of storing and transporting materials before those materials are recycled;

(4) paying the cost of preparing and presenting courses of instruction at, or the distribution of informative materials to, elementary and secondary schools which will increase student motivation to reduce littering or increase resource recovery;

(5) public awareness activities which increase public motivation to reduce littering or increase resource recovery;

(6) creating or expanding litter law-enforcement programs;

(7) purchasing and erecting road signs;

(8) paying up to 50 percent of the cost of purchasing publicly owned litter receptacles;

(9) researching and evaluating markets for materials and energy recovered from litter;

(10) paying the cost of advice and assistance from recognized research organizations, including information and consultation on available technology, operating procedures, organizational arrangements, markets for materials or energy recovered, transportation alternatives, and publicity techniques; and

(11) paying the cost of surveys done by public agencies or recognized research organizations to assess the amount and composition of litter, and rates of littering.

History

Authority: AS 46.06.120
Eff. 6/27/81, Register 78

18 AAC 65.015 Grant limitations

(a) The amount of a grant will not exceed $15,000. The department will, in its discretion, waive this limit only if

(1) the total eligible grant requests received by the department do not exceed existing money available for grants under this chapter; or

(2) the department determines that program goals to reduce littering and increase resources recovered in the state will be best met by awarding a grant in excess of $15,000 to a specific project.

(b) The department will, in its discretion, attach other terms and conditions to each grant offer as necessary to ensure compliance with the provisions of this chapter.

History

Authority: AS 46.06.120; AS 46.06.130
Eff. 6/27/81, Register 78

18 AAC 65.020 Costs and expenditures

(a) A grant may not be used to pay for a cost of the project which was incurred before the grant was awarded or for a cost associated with land right-of-way acquisitions, interest, financing, and preparation of grant applications and comprehensive plans.

(b) The following costs are eligible costs for which a grantee may expend money received from a grant:

(1) personnel, construction, contractual, and administrative costs of a project

(A) which are incurred as a direct result of litter reduction projects or the initiation of resource recovery projects; or

(B) for the operation of resource recovery projects, which are demonstrated by the grantee to be necessary to establish a self-supporting operation; and

(2) the cost of supplies and equipment incurred as a direct result of litter reduction and resource recovery projects are grant-eligible; the department will determine the size and type of eligible equipment upon consideration of the factors listed in 18 AAC 65.025.

(c) Subject to the availability of funds and the requirements and limitations of this chapter, the department will, in its discretion, make grant awards for up to 100 percent of eligible costs not funded by other sources of funds.

History

Authority: AS 46.03.020(10)AS 46.06.050; AS 46.06.130 AS 46.06.010; AS 46.06.070 AS 46.06.040; AS 46.06.120
Eff. 6/27/81, Register 78

18 AAC 65.025 Application and review procedure

(a) Beginning with fiscal year 1982, on or before October 1 of each year, the department will provide public notice of the availability of grants for the purposes set out in 18 AAC 65.010.

(b) A complete grant application submitted under this chapter must contain

(1) the name, address, and the telephone number of the applicant, the name of a contact person representing the applicant, and an explanation of the applicant's eligibility to apply for a grant under 18 AAC 65.010;

(2) a detailed discussion of the applicant's project, including its location, objectives, methods, and estimated costs; the time period for which money is requested; a schedule of activities; and the reasons that state financing is required;

(3) a copy of other state or federal grant applications or awards to be used to finance the project; and

(4) a discussion of how the grantee will evaluate the success of the project, including a statement of the goals and objectives to be carried out under the proposed grant and a description of the measurements to be used for this purpose.

(c) A measurement described in (b)(4) of this section must be compatible with the variables identified in 18 AAC 65.035(b)(3).

(d) The department will establish by regulation annual dates by which grant applications must be received to be reviewed and considered. The department will, in its discretion, consider applications received after the date of review during that grant review period. The deadline for fiscal year 1981 applications was set and announced by public notice and by the mailing of guidelines to all known interested parties.

(e) The department will not make a grant to a project which, in the opinion of the department, is likely to

(1) detract from or duplicate other litter reduction or resource recovery efforts;

(2) conflict with state or local solid waste management plans, practices, and activities; or

(3) result in violation of environmental standards.

(f) The department will make a grant to an eligible project, subject to

(1) review and approval of the grant application by the department under the criteria established in this section and in 18 AAC 65.010;

(2) a determination by the department that costs for which the grant is requested are reasonably necessary to complete the project; and

(3) availability of money for the grant.

(g) If there is not enough money available for grants to all eligible projects, the department will make grants to the largest number of applicants, as follows:

(1) the department will first finance those projects which most efficiently recover materials or energy, or which create the greatest number of new jobs; and

(2) the department will evaluate and finance other projects based on the following standards:

(A) expected immediate and long-term reduction of litter and littering behavior;

(B) efficient use of money;

(D) contribution of matching funds, services, or real or personal property to the project;

(E) adaptability and usefulness of project methods or technology to other communities or locations in the state;

(F) originality of approach;

(G) potential to establish resource recovery markets previously not practicable in the state; and

(H) potential to establish a self-supporting operation within the next four years.

History

Authority: AS 46.03.020(10)AS 46.06.130
Eff. 6/27/81, Register 78

18 AAC 65.030 Acceptance of grants

(a) Before the department will disburse money under the grant, a grantee must submit to the department an agreement signed by the grantee which provides that the grantee

(1) will spend the grant for the purposes specified in the grant application submitted by the grantee;

(2) will allow, on request, an audit by the state of the uses made of the grant; and

(3) assures that, to the extent consistent with the purposes of the project, the facilities and services provided with the grant will be available for the uses of the general public.

(b) The agreement submitted by a grantee under this section must be on a form furnished by the department.

(c) The department will, in its discretion, withdraw a grant offer that is not accepted by execution of an agreement under this section within 180 days after the date the grant offer is made.

History

Authority: AS 46.03.020(10)
Eff. 6/27/81, Register 78

18 AAC 65.035 Reports and records

(a) A grantee shall submit a progress report to the department for each six-month period after the grant is accepted by the grantee under 18 AAC 65.030. The progress report must summarize accomplishments and actions taken during the preceding six months and itemize the expenditures of money received under the grant as well as money from other sources which directly support the grant project. The grantee shall submit a progress report for a six-month period within 15 days after the end of the six-month period.

(b) A grantee shall submit to the department a final report and evaluation not more than 30 days after the completion of the project. The final report and evaluation must include

(1) a summary of activities and expenditures of the project during the fiscal year or during the term of the project, whichever is appropriate;

(2) a financial accounting of the project; and

(3) an evaluation of the success of the project including but not limited to

(A) for litter control projects, a statement of the location, volume, and types of litter collected and the extent of reductions in littering as the result of the project; and

(B) for resource recovery projects, a statement of the weight and types of materials recovered, the income generated by the project, special problems encountered by the project, and the amount of energy generated by the project.

(c) A grantee shall maintain project accounts and records relating to expenditures of the project. These records must clearly separate the costs incurred by the project which are eligible costs under 18 AAC 65.020 from the costs of the project which are not eligible costs.

(d) A grantee shall maintain the accounts and records of the project for at least three years following completion or termination of the grant or until an audit has been completed by the department, whichever comes first.

History

Authority: AS 46.03.020(10)
Eff. 6/27/81, Register 78

18 AAC 65.040 Audit and inspection

A grantee shall make the sites, materials, and records of the project available to department personnel for audit and inspection. The department will provide adequate notice of audits and inspections and will schedule inspections during normal working hours.

History

Authority: AS 46.03.020(10)
Eff. 6/27/81, Register 78

18 AAC 65.045 Termination of project

If a project is abandoned or otherwise terminated before completion, the equipment purchased wholly with a grant under this chapter becomes the property of the department.

History

Authority: AS 46.03.020(10)
Eff. 6/27/81, Register 78

18 AAC 65.050 Grant payment procedures

(a) In each agreement executed under 18 AAC 65.030, the department will set out the terms of and a schedule of payment for the grant covered by that agreement. A grantee shall include a summary of costs and results as part of a payment request. The department will specify the information to be included in a payment request.

(b) The department will base the final payment of the grant upon actual eligible costs of the project under 18 AAC 65.020. The department will, in its discretion, require a monitoring visit or inspection to determine compliance with approved plans before final payment.

History

Authority: AS 46.03.020(10)
Eff. 6/27/81, Register 78

18 AAC 65.900 Definitions

Unless the context indicates otherwise, in this chapter

(1) "department" means the Department of Environmental Conservation;

(2) "eligible project" means a litter reduction or resource recovery project which qualifies for grant financing under this chapter and AS 46.06;

(3) "recycling" means the separation of useable materials and products from solid waste;

(4) "resource recovery" means the recovery of materials or energy from solid wastes for industrial use, agriculture, heat production, power production, or other processes or purposes; the term include recycling.

History

Authority: AS 46.30.030(10)AS 46.06.130
Eff. 6/27/81, Register 78

Chapter 66 Waste Reduction and Recycling Awards for Schools

18 AAC 66.005 Purpose, applicability, and eligibility

(a) This chapter establishes a state waste reduction and recycling awards program and applies to awards made by the department, in consultation with the Department of Education and Early Development, under AS 46.11.070.

(b) Subject to the requirements of this chapter and the availability of appropriations, the department will, in its discretion, grant an award to a public school chosen under this chapter to recognize the efforts of the public school and its students to reduce and recycle waste generated in the public school's administrative offices, classrooms, laboratories, cafeterias, and maintenance operations, including

(1) innovative programs to conserve paper and paper products;

(2) student and community education programs to help the public school promote waste reduction and recycling;

(3) reducing industrial waste in the public school's shops and vocational education programs;

(4) affirmative procurement programs to encourage the purchase of recycled products;

(5) activities designed to eliminate waste, such as developing and implementing waste reduction and recycling facility plans, modifying equipment, using nontoxic raw materials such as water-based instead of oil-based paint;

(6) media programs to inform, train, and educate about waste reduction and recycling;

(7) programs designed to reduce energy consumption;

(8) innovative curricula on waste reduction and recycling;

(9) incentive programs to encourage students and faculty to reduce waste;

(10) programs that demonstrate waste reduction and recycling practices; and

(11) integration of waste reduction and recycling concepts into science, art, music, and creative writing classes.

History

Authority: AS 46.03.020; AS 46.11.070
Eff. 3/29/92, Register 121

18 AAC 66.010 Award limitations

On or before March 30 of each year that appropriations are available for awards under this chapter, the department will, in its discretion, award up to $2,000 to each public school that is determined by the department to meet the requirements of AS 46.11.070 and this chapter.

History

Authority: AS 46.03.020; AS 46.11.070
Eff. 3/29/92, Register 121

18 AAC 66.020 Application requirements

(a) On or before October 1 of each year that appropriations are available for awards under this chapter, the department will provide public notice of the availability of awards and will send an awards program application form to each public school in Alaska. The notice will include the total amount of money available and the projected number of awards to be granted from that total.

(b) On or before February 1 of each year that appropriations are available for awards under this chapter, a public school may apply for a waste reduction and recycling award on a form provided by the department. The application must include a detailed description of the waste reduction or recycling program at the public school, including

(1) objectives, methods, and estimated cost of the program;

(2) how the program contributes to waste reduction or recycling;

(3) the environmental benefits derived from the program;

(4) any economic, public health, or other benefits derived from the program;

(5) how the program might be used by other organizations in Alaska; and

(6) other information requested on the application form.

(c) To be considered for an award under this chapter, the waste reduction or recycling program must be ongoing at the public school. A proposed program will not be considered.

History

Authority: AS 46.03.020; AS 46.11.070
Eff. 3/29/92, Register 121

18 AAC 66.030 Review procedures

(a) Applications received under this chapter will be reviewed by a committee consisting of three persons appointed by the commissioner of the department and two persons appointed by the commissioner of the Department of Education and Early Development.

(b) The department will group the applications received in the following categories:

(1) elementary schools;

(2) junior high schools;

(3) senior high schools; and

(4) any combination of (1) through (3) of this subsection.

(1) originality;

(2) adaptability and usefulness of program methods to other schools;

(3) environmental, economic, and health benefits;

(4) expected immediate and long-term reduction of waste;

(5) volume of waste prevented, reduced, or recycled;

(6) objectives, methods, and cost of the waste reduction or recycling activity; and

(7) other factors the committee considers important, based on other applications received in each group of applications.

History

Authority: AS 46.03.020; AS 46.11.070
Eff. 3/29/92, Register 121

18 AAC 66.040 Award procedures

(a) Based upon recommendations from the committee under 18 AAC 66.030, and subject to the total amount of appropriations available each year, for each group established under 18 AAC 66.030(b), the department will grant

(1) one or more waste reduction and recycling outstanding awards, each not to exceed $2,000;

(2) one or more waste reduction and recycling achievement awards, each not to exceed $1,000; and

(3) one or more waste reduction and recycling honorable mention awards, each not to exceed $100.

(b) The department will, in its discretion, based upon the number of applications received and the appropriations available for awards, grant the awards listed in (a) of this section by geographic region, by student population, or on a statewide basis.

History

Authority: AS 46.03.020; AS 46.11.070
Eff. 3/29/92, Register 121

18 AAC 66.900 Definitions

Unless the context indicates otherwise, in this chapter

(1) "award" means a waste reduction and recycling award for a public school under AS 46.11.070;

(2) "department" means the Alaska Department of Environmental Conservation;

(3) "recycling" means the reuse of an original product, reclamation of waste materials for future use, or the conversion of waste materials for use in a new product; and

(4) "waste reduction" means an activity that reduces, avoids, or eliminates the generation of waste at its source in a production process or operation.

History

Authority: AS 46.03.020; AS 46.11.070
Eff. 3/29/92, Register 121

Chapter 69 Commercial Passenger Vessel Environmental Compliance Program

18 AAC 69.010 Registration

(a) In accordance with AS 46.03.461, an owner or operator shall register with the department on or before March 1 of each calendar year.

(b) The oath required by AS 46.03.461(b) must be notarized and must be in substantially the following form: "I, (owner or operator) say on oath or affirm that I have read the foregoing registration and believe all statements made in the registration under AS 46.03.461 are true."

History

Authority: AS 46.03.460; AS 46.03.461
Eff. 11/15/2002, Register 164

18 AAC 69.015 Environmental compliance fees and refunds; vessel voyage reports

(a) An owner or operator, except for the state, shall

(1) on or before June 1 of each calendar year, pay to the department the environmental compliance fee imposed by AS 46.03.480; and

(2) in each calendar year in which the owner or operator caused or allowed to be operated a commercial passenger vessel in the marine waters of the state, submit

(A) written or electronic vessel voyage reports containing the actual number of voyages during which each vessel registered under AS 46.03.461 operated in the marine waters of the state during the calendar year; and

(B) payment for any additional fees due under AS 46.03.480, or, as applicable, a signed and certified request for refund of any overpayment of those fees.

(b) The owner or operator shall submit the items required under (a)(2) of this section on or before

(1) November 15 of the calendar year for each commercial passenger vessel the owner or operator caused or allowed to be operated seasonally; and

(2) June 1 of the following calendar year for each commercial passenger vessel the owner or operator caused or allowed to be operated year round.

(c) The department will review any request for refund made under (a)(2)(B) of this section promptly. If the department determines that a refund is due, the department will refund the overpayment promptly.

History

Authority: AS 46.03.460; AS 46.03.480
Eff. 11/15/2002, Register 164; am 12/16/2013, Register 208

18 AAC 69.018 Waiver of deadlines; alternative terms and conditions

(a) If a report, plan, fee, or other requirement of an owner or operator under this chapter has a specific date by which it must be submitted, the department will waive compliance with that deadline if the owner or operator demonstrates, to the satisfaction of the department, a reasonable basis for the waiver. A decision made after January 1 by an owner or operator to operate a vessel in that calendar year provides a reasonable basis to grant a waiver of deadlines in that calendar year.

(b) If the department waives a deadline under this section, the department will set a reasonable time for compliance and provide the owner or operator with a written or electronic notice of that deadline promptly.

(c) Notwithstanding any requirement of this chapter, the department may establish alternative terms and conditions to the extent allowed by AS 46.03.462(k).

History

Authority: AS 46.03.460; AS 46.03.462
Eff. 11/15/2002, Register 164; am 3/24/2018, Register 225

18 AAC 69.020 Posting of certain requirements

The department will post a summary of dates and other deadlines for compliance with certain requirements set out in this chapter on the department's Internet web site.

History

Authority: AS 46.03.460; AS 46.03.462; AS 46.03.470 AS 46.03.461; AS 46.03.465; AS 46.03.475
Eff. 11/15/2002, Register 164

18 AAC 69.022 Location for submission of payments, plans, records, and reports

Except as specifically provided otherwise, each payment, plan, record, and report required to be provided under AS 46.03.460 - 46.03.490 and this chapter shall be submitted to the division assigned to air and water quality in Juneau, Alaska. The documents must be submitted electronically to the extent practicable.

History

Authority: AS 46.03.460; AS 46.03.475; AS 46.03.480
Eff. 11/15/2002, Register 164

18 AAC 69.025 Quality assurance project plan

(a) On or before March 1 of each calendar year, except in a calendar year in which a plan is valid for the calendar year under (c) of this section, an owner or operator who intends to cause or allow sewage, graywater, or other wastewater to be discharged into the marine waters of the state shall submit a quality assurance project plan to be used for purposes of AS 46.03.465. The plan must include

(1) the quality assurance and quality control measures to be used during sample collection, analysis, and reporting undertaken to comply with AS 46.03.465;

(2) a detailed description of sampling techniques, analytical testing methods, and equipment, including information about sampling preservation methods, sample holding times, transportation protocols, and the chain of custody;

(3) laboratory analytical information, including methods used, calibration, detection limits, and the laboratory's quality assurance and quality control measures;

(4) procedures for quality assurance and quality control audits used to determine the effectiveness of the plan; and

(5) procedures for data validation used to assess precision, accuracy, representativeness, comparability, and completeness of the measured parameters in the data obtained from the samples.

(b) Sampling under AS 46.03.465 may not occur before the department approves a quality assurance project plan.

(1) department determines that the plan provides sufficient measures for quality assurance and quality control; and

(2) analytical testing methods used are on the department's list of approved Analytical Testing Methods for the Commercial Passenger Vessel Environmental Compliance Program, revised as of June 7, 2002 and adopted by reference, or the department determines a proposed method to be substantially equivalent to an approved method on that list.

(d) An owner or operator may submit, at any time, an amendment to a plan of sampling techniques and analytical testing methods. The department will review any proposed amendment promptly and approve or disapprove the proposed amendment at the earliest practicable time.

(e) Between November 15 and January 15, the department will require changes that the department reasonably determines to be necessary to a valid plan of sampling techniques and analytical testing methods. The changes required under this subsection will be effective 90 days after the date the department provides notice of the required changes.

(f) The owner or operator shall maintain a copy of the valid, approved plan of sampling techniques and analytical testing methods on board each vessel that the owner or operator causes or allows to be operated in the marine waters of the state.

History

Authority: AS 46.03.460; AS 46.03.465
Eff. 11/15/2002, Register 164; am 12/16/2013, Register 208

18 AAC 69.030 Vessel specific sampling plan

(a) An owner or operator who intends to cause or allow the discharge of sewage, graywater, or other wastewater into the marine waters of the state shall submit a vessel specific sampling plan no later than 21 days before sampling required under AS 46.03.465 is to occur.

(b) A vessel specific sampling plan must include

(1) the vessel name;

(2) the passenger and crew capacity of the vessel;

(3) the estimated average daily water use per individual of the vessel;

(4) the capacity and location of each holding tank for treated sewage;

(5) the capacity and location of each holding tank for graywater;

(6) the capacity and location of each holding tank for combined treated sewage and graywater;

(7) a vessel schematic of discharge ports and corresponding sampling ports;

(8) each discharge pump type, flow rate, and discharge line diameter;

(9) each type of treatment system;

(10) a table documenting

(A) the discharge type;

(B) whether the type of sample to be collected is grab or composite;

(D) the location on the vessel where each sample is to be collected; and

(E) a narrative description of the time at which each sample is to be taken based upon the circumstances that will yield a sample most likely to be representative of the average discharge that passes through the location where the sample is taken; and

(11) a description of the standards the owner or operator will use to determine a deviation from the plan.

(c) A sampling plan is valid for 12 months after the date of approval. The department will approve the plan if the department determines that the plan provides sufficient information to assure appropriate sampling from the specific vessel to comply with AS 46.03.465.

(d) The owner or operator shall maintain a copy of the valid, approved vessel specific sampling plan on board each vessel from which the owner or operator intends to cause or allow the discharge of sewage, graywater, or other wastewater into the marine waters of the state.

History

Authority: AS 46.03.460; AS 46.03.465
Eff. 11/15/2002, Register 164; am 5/18/2006, Register 178

18 AAC 69.035 Nonhazardous solid waste offloading and disposal plan

(a) As part of the plan required under AS 46.03.475(e)(1), that describes a vessel's policies and procedures for offloading in this state or disposing into the marine waters of the state of nonhazardous solid waste other than sewage, the owner or operator shall include, for each vessel that the owner or operator intends to operate, or cause or allow to operate,

(1) an estimate of the volume of each waste type that the owner or operator anticipates offloading in this state or disposing into the marine waters of the state;

(2) the proposed offloading or disposal method;

(3) the name and address of each contractor to be used for offloading in this state or disposing into marine waters of the state; and

(4) the harbors, landfills, or other offloading or disposal facilities in the state proposed to be used by the owner or operator or an agent of the owner or operator.

(b) A plan required under AS 46.03.475(e)(1) must be submitted on or before March 1 of each calendar year.

History

Authority: AS 46.03.460; AS 46.03.462; AS 46.03.475
Eff. 11/15/2002, Register 164

18 AAC 69.040 Hazardous waste and hazardous substance offloading plan

(a) As part of the plan required under AS 46.03.475(e)(2), that describes a vessel's policies and procedures for offloading of hazardous waste or a hazardous substance from a vessel while that vessel is operating in the marine waters of the state, and to the extent that the offloading is not covered by a report or notice submitted under AS 46.03.475(d), the owner or operator shall include, for each vessel that the owner or operator intends to operate, or cause or allow to operate, and for each hazardous waste or hazardous substance anticipated to be offloaded,

(1) an estimate of the volume and type of each waste or substance;

(2) the proposed offloading method;

(3) material safety information provided by the manufacturer, if applicable;

(4) the name and address of each contractor to be used for offloading;

(5) the controlled storage, processing, or disposal facilities or treatment works proposed to be used; and

(6) a description of vessel crew training in offloading procedures.

(b) A plan required under AS 46.03.475(e)(2) must be submitted on or before March 1 of each calendar year.

History

Authority: AS 46.03.460; AS 46.03.462; AS 46.03.475
Eff. 11/15/2002, Register 164

18 AAC 69.045 Interim protective measures plan

Repealed.

History

Eff. 11/15/2002, Register 164; repealed 5/18/2006, Register 178

18 AAC 69.046 Best management practices plan

(a) An owner or operator of a small commercial passenger vessel who intends to operate under a plan for alternative terms and conditions under AS 46.03.462(k) must operate in accordance with a best management practices plan approved by the department under this section. If an owner or operator of a small commercial passenger vessel operating under alternative terms and conditions under AS 46.03.462(k) fails to operate in accordance with an approved best management practices plan, the vessel discharges must meet the standard terms and conditions in AS 46.03.462(b) and (e) and 46.03.463(b) and (c).

(b) On or before March 1 of each calendar year, except in a calendar year in which an approved best management practices plan is effective, an owner or operator of a small commercial passenger vessel who intends to operate under a plan for alternative terms and conditions under AS 46.03.462(k) shall submit an application on a form provided by the department. The application must include

(1) the vessel name;

(2) the name, telephone number, facsimile number, mailing address, and electronic mail address of the person responsible for implementation of the plan;

(3) a certification that for physical or economic reasons the vessel is unable to practicably comply with the standard terms and conditions in AS 46.03.462(b) and (e) and 46.03.463(b) and (c), and additional supportive documentation that may include a

(A) letter signed by a naval architect, registered engineer, or classification society stating that new or modified waste treatment systems that would produce sewage, graywater, or other wastewater that complies with the standard terms and conditions in AS 46.03.462(b) and (e) and 46.03.463(b) and (c) cannot be installed without requiring additional stability testing or relicensing by the United States Coast Guard; or

(B) statement from the owner or operator that provides

(i) the estimated costs of installing new or modified waste treatment systems on the vessel that would produce sewage, graywater, or other wastewater that complies with the standard terms and conditions in AS 46.03.462(b) and (e) and 46.03.463(b) and (c);

(ii) the reasons why those costs are not practicable; and

(iii) supporting information from vendors; and

(4) a best management practices plan that meets the requirements in (c) of this section.

(1) the average number of gallons of sewage, graywater, and other wastewater that will be discharged by the vessel expressed as an eight-hour average volume and a daily total volume for each day of the vessel's usual scheduled voyage in the marine waters of the state, including volumes discharged while in port;

(2) for a vessel that has operated in the marine waters of the state within the two years immediately preceding the date of submission of the plan, a description of the quality of the sewage, graywater, and other wastewater discharged by the vessel summarized from analytical testing data from samples taken

(A) for fecal coliform bacteria, total suspended solids, pH, biochemical oxygen demand, and residual chlorine;

(B) within the previous two years; and

(3) for a vessel that has not operated in the marine waters of the state within the two years immediately preceding the date of submission of the plan, analytical testing data from samples

(A) for fecal coliform bacteria, total suspended solids, pH, biochemical oxygen demand, and residual chlorine;

(B) taken and analyzed in accordance with a quality assurance project plan established under 18 AAC 69.025(a); and

(C) that are most likely to be representative of the discharges of sewage, graywater, and other wastewater from that vessel;

(4) for a vessel that will not discharge sewage, graywater, or other wastewater while the vessel is traveling at a speed of less than six knots or is located less than one nautical mile from the nearest shore, a statement by the owner or operator that the vessel will not discharge sewage, graywater, or other wastewater while the vessel is traveling at a speed of less than six knots or is located less than one nautical mile from the nearest shore;

(5) for a vessel that will discharge sewage, graywater, or other wastewater while the vessel is traveling at a speed of less than six knots or is located less than one nautical mile from the nearest shore, operating practices that

(A) preclude the discharge of sewage, graywater, or other wastewater

(i) within 100 meters horizontally of mean lower low water tidal datum of the tidally affected portion of waters identified under 5 AAC 95.011 as important for the spawning, rearing, or migration of anadromous fish;

(ii) from March 1 through June 15 of each calendar year, within waters that are of a depth of 20 meters vertically of mean lower low water tidal datum, and that are identified in the department's set of maps entitled, Herring Spawning Areas in Alaska, dated November 2005 and adopted by reference; and

(iii) within areas designated under AS 16.20 as refuges, sanctuaries, and critical habitat areas under AS 16.20; and

(B) protect the environment to the maximum extent feasible by

(i) reducing the amount of sewage, graywater, or other wastewater discharges identified in (1) of this subsection to the maximum extent practicable;

(ii) improving the quality of the sewage, graywater, or other wastewater discharged by reducing the fecal coliform bacteria and residual chlorine included under (2) or (3) of this subsection to the maximum extent practicable;

(iii) minimizing the risk to human health caused by exposure to the vessel's sewage, graywater, or other wastewater discharges; or

(iv) dispersing sewage, graywater, and other wastewater discharged into the marine waters of the state to the maximum extent practicable;

(6) a description of the crew or passenger training programs, vessel scheduling, or other means that will be used to implement the best management practices described in (4) or (5) of this subsection; and

(7) a description of the record keeping documents, including logbooks, that will be used to demonstrate compliance with the best management practices described in (4) or (5) of this subsection.

(d) The department will approve or disapprove a plan for alternative terms and conditions under AS 46.03.462(k) not later than 30 days after receipt of an application submitted under (b) of this section.

(e) The department will approve a plan for alternative terms and conditions under AS 46.03.462(k) that meets the requirements of AS 46.03.462(k) and (b) of this section for a period of five years after the approval date, unless the plan is modified or terminated under (f) of this section.

(f) The department will

(1) approve the transfer of an approved plan for alternative terms and conditions under AS 46.03.462(k) to a new owner or operator of the vessel covered by that plan if the succeeding owner or operator certifies in writing to the department that the succeeding owner or operator assumes responsibility for compliance with the plan;

(2) approve a modification to an approved plan for alternative terms and conditions under AS 46.03.462(k) not later than 30 days after receipt of an application that the department determines meets the requirements of AS 46.03.462(k) and (b) of this section; or

(3) terminate an approved plan for alternative terms and conditions under AS 46.03.462(k)

(A) immediately, if the owner or operator requests that the plan be terminated; or

(B) after the department provides written notice to the owner or operator, 30 days before the date of termination, if the department finds that

(i) the owner or operator failed to operate according to an approved plan; or

(ii) changes in the factual basis underlying the application submitted under (b) of this section have occurred, including a significant change in the operating area or the sewage, graywater, or other wastewater discharge quantity or quality such that the plan fails to protect the environment to the maximum extent feasible.

(g) An owner or operator may not implement a modification to a plan for alternative terms and conditions under AS 46.03.462(k) until the department approves the modification and the owner or operator is notified of that approval in writing by the department.

(h) A best management practices plan that is modified retains its original expiration date, unless the owner or operator requests that the department review and approve the modification as a new application under (b) of this section.

(i) An owner or operator must

(1) maintain a copy of the approved plan on board the vessel for which the plan was approved;

(2) maintain for 12 months the record keeping documents described in the approved plan on board the vessel for which the plan was approved;

(3) provide the department access, upon request, to record keeping documents required in the approved plan; and

(4) submit copies of the record keeping documents required in the approved plan within 21 days after receipt of a written or electronic request from the department.

History

Authority: AS 46.03.460; AS 46.03.462; AS 46.03.465
Eff. 5/18/2006, Register 178; am 12/16/2013, Register 208; am 3/24/2018, Register 225

18 AAC 69.050 Sewage and graywater discharge record book

(a) An owner or operator shall maintain records required by AS 46.03.465(a) on board the vessel for 12 months, detailing each discharge of treated sewage, graywater, or other wastewater into the marine waters of the state.

(b) For an intermittent discharge of treated sewage, graywater, or other wastewater into the marine waters of the state, the records required by AS 46.03.465(a) must include the

(1) date, time, latitude, and longitude when and where the discharge started and ended;

(2) overboard discharge port through which the discharge occurred;

(3) type of discharge;

(4) volume and average discharge rate for each overboard discharge port;

(5) minimum vessel speed during discharge; and

(6) signature of the individual in charge of discharge operations and the date when that individual signed the discharge record.

(c) For an automatic or continuous discharge, in port, at anchorage, or underway, of treated sewage, graywater, or other wastewater into the marine waters of the state, the records required by AS 46.03.465(a) must describe for each voyage

(1) the daily estimated volume of discharge by type;

(2) a description of how the daily volume by discharge type was estimated;

(3) for each stay that a vessel makes at an anchorage or dock, the

(A) date of the stay;

(B) time expressed in a 24-hour clock format at the beginning and end of each docking or anchorage;

(D) estimated average flow rate of discharge by type of discharge;

(4) for each vessel route while the vessel is underway between each stay identified in (3) of this subsection, the

(A) dates while en route;

(B) time expressed in a 24-hour clock format at the beginning and end of each vessel route;

(D) estimated average flow rate of discharge by type of discharge.

(d) Not later than five days after the end of each calendar month while operating on the marine waters of the state, an owner or operator shall submit electronic copies of the treated sewage, graywater, or other wastewater discharge records required under AS 46.03.465(a), or a report in a format requested by the department.

History

Authority: AS 46.03.460; AS 46.03.465 AS 46.03.463; AS 46.03.470
Eff. 11/15/2002, Register 164; am 12/16/2013, Register 208

18 AAC 69.053 Notice of sampling

An owner or operator, or an employee, contractor, or agent of the owner or operator, shall provide written or electronic notice to the department at least 36 hours before collecting a sample required to be taken by AS 46.03.465(b). The notice must include the time and date on which the sample will be taken.

History

Authority: AS 46.03.460; AS 46.03.465
Eff. 11/15/2002, Register 164

18 AAC 69.055 Sampling and analytical testing report

(a) An owner or operator shall submit each sampling and analytical testing report required under AS 46.03.460 - 46.03.490 to the department not later than 21 days after completion of the analytical testing for each sampling event.

(b) The sampling and analytical testing report must include

(1) the date, time, and on board location where each sample was collected;

(2) the sampling technique and analytical testing method used for each sample;

(3) the quality assurance and quality control analysis of the sampling, analytical testing, and analytical data;

(4) the analytical results;

(5) any deviation from the approved plan submitted under 18 AAC 69.025;

(6) any deviation from the approved plan submitted under 18 AAC 69.030;

(7) the type of wastewater sampled; and

(8) if necessary, a notification that resampling under 18 AAC 69.070 is occurring.

History

Authority: AS 46.03.460; AS 46.03.465
Eff. 11/15/2002, Register 164; am 12/16/2013, Register 208

18 AAC 69.060 Notification and reporting requirements for discharge necessary for the safety of the vessel or saving life at sea

(a) If wastewater is discharged from a commercial passenger vessel into the marine waters of the state for the purpose of securing the safety of the vessel or saving human life at sea, the owner or operator shall notify the department within 24 hours after the discharge, of the

(1) name of the vessel;

(2) date and time when the discharge occurred;

(3) amount and type of wastewater discharged; and

(4) the location, in latitude and longitude, of the vessel when the discharge occurred.

(b) Unless the department determines that a written or electronic report is not needed for the department to ascertain any threat to human health, safety, or welfare, or to the environment, a written or electronic report must be submitted within five days after the event causing the need to discharge ends.

(1) be submitted to the department's Anchorage or Juneau office, whichever is nearest to the location of the discharge; and

(2) contain, as applicable,

(A) the date and time of the discharge;

(B) the latitude and longitude of the vessel when the discharge occurred;

(D) the name, mailing address, and telephone number of the master of the vessel;

(E) the type and estimated amount of wastewater discharged;

(F) an explanation of why the discharge was necessary to secure the safety of the vessel or save a life at sea;

(G) a description of the precautions taken to prevent or minimize the discharge; and

(H) other information that the department requires to assess fully the ability of the owner or operator to prevent or minimize the discharge.

History

Authority: AS 46.03.460; AS 46.03.463; AS 46.03.465
Eff. 11/15/2002, Register 164

18 AAC 69.065 Other reports

(a) Subject to (b) of this section, on or before November 15 of each calendar year in which the owner or operator has caused or allowed to be operated a commercial passenger vessel in the marine waters of the state, the owner or operator shall submit a written or electronic report that documents any deviation from the plan submitted under AS 46.03.475(e)(1) and 18 AAC 69.035, or from the plan submitted under AS 46.03.475(e)(2) and 18 AAC 69.040.

(b) An owner or operator who caused or allowed a commercial passenger vessel to be operated year round shall submit, as part of the annual plans required on or before March 1 under 18 AAC 69.035 and 18 AAC 69.040, a written or electronic report that documents any deviations to the plans for any period not addressed in the previous November 15 report required under (a) of this section.

(c) The owner or operator shall submit a copy of records required under AS 46.03.475(b) within 21 days after completion of the analytical testing for each sampling event.

History

Authority: AS 46.03.460; AS 46.03.465 AS 46.03.463; AS 46.03.475
Eff. 11/15/2002, Register 164

18 AAC 69.070 Exceedance of discharge limitations

(a) If the fecal coliform level in a sample taken under AS 46.03.460 - 46.03.490 exceeds the maximum fecal coliform limit in AS 46.03.463(b) or (c), the owner or operator may resample and retest, if

(1) all resampling occurs not later than 30 days after the original sampling;

(2) no two samples are collected within a 24-hour period;

(3) resampling occurs according to the provisions of the valid, approved plans submitted under 18 AAC 69.025 and 18 AAC 69.030; and

(4) resampling includes measurements for temperature, pH, and chlorine analyzed in the field at the time of sample collection.

(b) The department will consider a person to be in compliance with the maximum fecal coliform limit in AS 46.03.463(b) or (c) if that person demonstrates to the department's satisfaction that the geometric mean of the fecal coliform counts in all of the samples collected under (a) of this section, including the one that exceeded the maximum allowable concentration, does not exceed 200 colonies per 100 milliliters.

History

Authority: AS 46.03.460; AS 46.03.463
Eff. 11/15/2002, Register 164; am 12/16/2013, Register 208

18 AAC 69.075 Information requests

The department may require an owner or operator to provide information in that owner's or operator's custody or control that is material and reasonably necessary to assist the department in carrying out the purposes of AS 46.03.462 and 46.03.465.

History

Authority: AS 46.03.460; AS 46.03.462; AS 46.03.465
Eff. 11/15/2002, Register 164; am 12/16/2013, Register 208

18 AAC 69.080 Discharges from small commercial passenger vessels; logbook

(a) In determining compliance with AS 46.03.463(f), the department will consider the owner or operator of a small commercial passenger vessel to have a properly maintained and properly operated marine sanitation device if

(1) the vessel has a manufacturer's certification plate specifying the type of marine sanitation device;

(2) the marine sanitation device is in good working order;

(3) while the marine sanitation device is used in the marine waters of the state, the owner or operator operates the marine sanitation device according to the operating specifications of

(A) the manufacturer;

(B) a registered engineer; or

(4) the owner or operator maintains the marine sanitation device according to the maintenance specifications of

(A) the manufacturer;

(B) a registered engineer; or

(b) An owner or operator of a small commercial passenger vessel shall maintain on board for three years a marine sanitation device maintenance and operations logbook that documents all maintenance performed for each marine sanitation device used on a small commercial passenger vessel that operates in the marine waters of the state.

History

Authority: AS 46.03.460; AS 46.03.463; AS 46.03.465
Eff. 11/15/2002, Register 164

18 AAC 69.085 Access to commercial passenger vessels

(a) For purposes of compliance with AS 46.03.462(b)(5), the owner or operator shall allow an agent or employee of the department, who is authorized in writing by the commissioner and upon presentation of credentials, to enter upon the premises where sewage, graywater, or other wastewater is stored, treated, conveyed, discharged, or sampled,

(1) when samples are being taken and for the purpose of verifying the integrity of the sampling process, to

(A) inspect any sewage, graywater, or other wastewater treatment, storage, conveyance, or discharge devices and the sampling ports; or

(B) verify the owner's or operator's sampling process or procedures; or

(2) to sample sewage, graywater, or other wastewater.

(b) Nothing in this section limits or impairs the department's rights or powers of access, inspection, or subpoena under other applicable law.

History

Authority: AS 46.03.460; AS 46.03.462
Eff. 11/15/2002, Register 164

18 AAC 69.090 Persons conducting sampling and analytical testing

(a) An owner or operator shall ensure that the sampling required under AS 46.03.465 is conducted by a qualified, approved person. The owner or operator must submit information describing the qualifications of the proposed person to be approved no later than 21 days before sampling required under AS 46.03.465 is to occur. In determining whether a person is qualified to conduct sampling, the department will consider whether the person

(1) has been trained in sampling methodology, sample handling, chain of custody, field measurements, and quality assurance procedures; and

(2) is familiar with the requirements of the plan of sampling techniques and analytical testing methods and the vessel specific sampling plan for the vessel being sampled.

(b) An owner or operator shall ensure that the testing required under AS 46.03.465 is conducted by an approved laboratory.

History

Authority: AS 46.03.460; AS 46.03.462; AS 46.03.465
Eff. 11/15/2002, Register 164

18 AAC 69.945 Appeals

Not later than 30 days after a final department decision under AS 46.03.462(k) or 18 AAC 69.950 any person may submit a request for an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.020; AS 46.03.880
Eff. 11/15/2002, Register 164; am 11/5/2017, Register 224; am 3/24/2018, Register 225

18 AAC 69.950 Informal dispute resolution

An owner or operator subject to this chapter may request an informal review under 18 AAC 15.185 - 18 AAC 15.190 of a final department decision under this chapter.

History

Authority: AS 46.03.020; AS 46.03.460
Eff. 11/15/2002, Register 164

18 AAC 69.955 Public information

(a) The department will maintain a list of interested persons who wish to be informed when the department

(1) receives a request for an alternative term or condition under AS 46.03.462(k); and

(2) makes a final decision under 18 AAC 69.950.

(b) When the department receives a request or makes a decision described in (a) of this section, a copy or summary of the request or decision will be

(1) provided to each person who has requested information about the decision or request; and

(2) posted on the department's Internet web site.

History

Authority: AS 46.03.020; AS 46.03.460
Eff. 11/15/2002, Register 164; am 5/18/2006, Register 178; am 3/24/2018, Register 225

18 AAC 69.990 Definitions

Unless the context indicates otherwise, in this chapter,

(1) "approval" means written or electronic approval by the department;

(2) "approved" means approved in writing or electronically by the department;

(3) repealed 5/18/2006;

(4) "calendar year" means a period of time between January 1 and December 31 during which the owner or operator intends to operate, or cause or allow to be operated, a commercial passenger vessel in the marine waters of the state;

(5) "classification society" means an organization

(A) involved in the inspection of ships and ship equipment; and

(B) that, as determined under 33 U.S.C. 1322(f) by the Commandant of the United States Coast Guard, meets the standards in the International Maritime Organization (IMO) Resolution A.739(18), "Guidelines for the Authorization of Organizations Acting on behalf of the Administration";

(6) "commissioner" means the commissioner of environmental conservation;

(7) "department" means the Department of Environmental Conservation;

(8) "geometric mean" means the nth root of the product of a series of n numbers computed by taking the logarithm of each number, computing the arithmetic mean of the logarithms, and raising the base used to take the logarithms to the arithmetic mean;

(9) "hazardous substance" has the meaning given in AS 46.03.826;

(10) "hazardous waste" has the meaning given in AS 46.03.900;

(11) "marine sanitation device" means

(A) equipment that is installed on board a vessel, and that is designed to receive, retain, treat, or discharge sewage; and

(B) any process to treat sewage on board a vessel;

(12) "operated seasonally" means operated only between January 1 and October 31 in the marine waters of the state;

(13) "operated year round" means operated seasonally and at least one time between November 1 and December 31 in the marine waters of the state;

(14) "owner or operator" means the owner or operator of a commercial passenger vessel who intends to operate, or cause or allow to be operated, the vessel, in the marine waters of the state;

(15) "parameter" means a single analytical determination or group of determinations using a specific method of analysis identified by the laboratory;

(16) "registered engineer" means a professional engineer who is registered under AS 08.48.171 - 08.48.265;

(17) "solid waste" has the meaning given in AS 46.03.900;

(18) "submit" means to submit in writing or electronically to the department;

(19) "naval architect" means a person who

(A) is responsible for the analysis, design, alteration, and construction of marine vessels to applicable standards and regulations of the United States Coast Guard and any applicable standards of a classification society; and

(B) holds a valid certificate, registration, or license from another state to perform work described in (A) of this paragraph.

History

Authority: AS 46.03.460; AS 46.03.470; AS 46.03.487 AS 46.03.461; AS 46.03.475; AS 46.03.488 AS 46.03.462; AS 46.03.480; AS 46.03.490 AS 46.03.463; AS 46.03.482 AS 46.03.465; AS 46.03.485
Eff. 11/15/2002, Register 164; am 5/18/2006, Register 178

Chapter 70 Water Quality Standards

Article 1 Statewide Standards

18 AAC 70.005 Nonapplicability of groundwater provisions

(a) Except as provided in (b) of this section and where this chapter is specifically made applicable under 18 AAC 60, 18 AAC 75, or 18 AAC 78, the provisions of this chapter as they are applicable to groundwater do not apply to

(1) a site undergoing a response action approved by the department under 18 AAC 75;

(2) a site subject to the site cleanup rules under 18 AAC 75.325 - 18 AAC 75.390;

(3) a site subject to 18 AAC 78.200 - 18 AAC 78.280 (corrective action for leaking underground storage tanks) and 18 AAC 78.600 - 18 AAC 78.625 (cleanup levels);

(4) an inactive reserve pit undergoing a corrective action approved by the department under 18 AAC 60.440;

(5) a solid waste landfill undergoing assessment monitoring or corrective action approved by the department under 18 AAC 60.860;

(6) a site undergoing a removal action or a remedial action under 42 U.S.C. 9601 - 9675 (Comprehensive Environmental Response, Compensation, and Liability Act of 1980) if the cleanup meets, at a minimum, the site cleanup rules under 18 AAC 75.325 - 18 AAC 75.390; or

(7) a site undergoing a corrective action approved by the United States Environmental Protection Agency under 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act), if the corrective action meets, at a minimum, the site cleanup rules under 18 AAC 75.325 - 18 AAC 75.390.

(b) This section does not affect the application of this chapter to contaminated surface water and sediment.

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.720 AS 46.03.050; AS 46.03.100
Eff. 1/22/99, Register 149; am 2/5/2017, Register 221

18 AAC 70.010 General

(a) A person may not conduct an operation that causes or contributes to a violation of the water quality standards set by this chapter.

(b) The water quality standards set by this chapter specify the degree of degradation that may not be exceeded in a waterbody as a result of human actions. The water quality standards are set by the antidegradation policy in 18 AAC 70.015, the water quality criteria in 18 AAC 70.020(b), and the limits in 18 AAC 70.030, applied in accordance with the remainder of this chapter.

(c) Except as specified in an authorization issued under 18 AAC 15, 18 AAC 60, or 18 AAC 72, the water quality standards and limits set by or under this chapter do not apply to a treatment works authorized by the department under 18 AAC 60 or 18 AAC 72, except that the water quality criteria and limits set by or under this chapter must be met in adjacent surface water and groundwater at and beyond the boundary of the treatment works.

(d) Where the department determines that the natural condition of a water of the state not subject to 33 U.S.C. 1251 - 1387 (Clean Water Act) is of lower quality than the water quality criteria set out in 18 AAC 70.020(b), the natural condition supersedes the criteria and becomes the standard for that water. When establishing water quality-based effluent limits based on natural conditions in a permit, certification, or other written decision, the department will follow the procedures set out in the

(1) department's Guidance for the Implementation of Natural Condition-Based Water Quality Standards, dated November 15, 2006, and adopted by reference; or

(2) monitoring requirements for groundwater, set out under 18 AAC 60.

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.710 AS 46.03.050; AS 46.03.100; AS 46.03.720
Eff. 11/1/97, Register 143; am 12/28/2006, Register 180; am 1/8/2025, Register 253

18 AAC 70.015 Antidegradation policy

(a) It is the state's antidegradation policy that

(1) existing water uses and the level of water quality necessary to protect existing uses must be maintained and protected;

(2) if the quality of a water exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water, that quality must be maintained and protected unless the department, in its discretion, upon application, and after compliance with (b) of this section, allows the reduction of water quality for a short-term variance under 18 AAC 70.200, a zone of deposit under 18 AAC 70.210, a mixing zone under 18 AAC 70.240, or another purpose as authorized in a department permit, certification, or approval; the department will authorize a reduction in water quality only after the applicant submits evidence in support of the application and the department finds that

(A) allowing lower water quality is necessary to accommodate important economic or social development in the area where the water is located;

(B) except as allowed under this subsection, reducing water quality will not violate the applicable criteria of 18 AAC 70.020 or 18 AAC 70.025 or the whole effluent toxicity limit in 18 AAC 70.030;

(D) all wastes and other substances discharged will be treated and controlled to achieve

(i) for new and existing point sources, the highest statutory and regulatory requirements; and

(ii) for nonpoint sources, all cost-effective and reasonable best management practices;

(3) if a high quality water constitutes an outstanding national resource, such as a water of a national or state park or wildlife refuge or a water of exceptional recreational or ecological significance, the quality of that water must be maintained and protected; and

(4) if potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy described in this section is subject to 33 U.S.C. 1326 (commonly known as sec. 316 of the Clean Water Act).

(b) An applicant for a permit, certification, or approval who seeks to reduce water quality as described in (a) of this section shall provide to the department all information reasonably necessary for a decision on the application, including the information and demonstrations required in (a) of this section and other information the department finds necessary to meet the requirements of this section.

(c) An application received under (a) of this section is subject to the public participation and intergovernmental review procedures applicable to the permit, certification, or approval sought, including procedures for applications subject to 18 AAC 15. If the department certifies a federal permit, the public participation and intergovernmental review procedures followed by the federal agency issuing that permit will meet the requirements of this subsection.

(d) For purposes of (a) of this section, the highest statutory and regulatory requirements are

(1) any federal technology-based effluent limitation identified in 40 C.F.R. 122.29 and 125.3, revised as of July 1, 2017 and adopted by reference;

(2) any minimum treatment standards identified in 18 AAC 72.050;

(3) any treatment requirement imposed under another state law that is more stringent than a requirement of this chapter; and

(4) any water quality-based effluent limitations established in accordance with 33 U.S.C. 1311(b)(1)(C) (Clean Water Act, sec. 301(b)(1)(C)).

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.710 AS 46.03.050; AS 46.03.100
Eff. 11/1/97, Register 143; am 4/8/2012, Register 202; am 4/6/2018, Register 226

18 AAC 70.016 Antidegradation implementation methods for discharges authorized under the federal Clean Water Act

(a) General requirements for antidegradation analyses. The department's antidegradation policy under 18 AAC 70.015 applies to all waters of this state. The provisions of 18 AAC 70.015(a)(1) - (3) identify three tiers of water quality and water quality protection, Tiers 1, 2, and 3 respectively. In implementing the antidegradation policy for a water of the United States within this state, the following provisions apply:

(1) the department will make an antidegradation analysis and findings for discharges subject to authorization by the department under

(A) 18 AAC 83 (Alaska Pollutant Discharge Elimination System (APDES) Program); and

(B) 33 U.S.C. 1341 (Clean Water Act, sec. 401) water quality certifications; for 33 U.S.C. 1341 (Clean Water Act, sec. 401) water quality certifications of 33 U.S.C. 1344 (Clean Water Act, sec. 404) permits, the department may determine upon review whether an evaluation and findings of no significant degradation under 33 U.S.C. 1344 and under 40 C.F.R. Part 230, revised as of July 1, 2017 and adopted by reference, are sufficient to comply with state antidegradation requirements for Tiers 1 and 2 under this section with regard to water quality impacts to receiving water immediately surrounding the dredge or fill material; in the antidegradation findings the department will consider where the fill would be placed and impacts to the receiving water from the fill activity; only temporary and limited degradation may be authorized in Tier 3 water, in accordance with (d)(4)(A) of this section;

(2) the department will not make an antidegradation analysis and findings for

(A) activities proposed for the express purpose of watershed protection or restoration if the applicant supplies information and the department finds that the antidegradation analysis is not required because the lowering of water quality would be temporary and limited and is necessary to secure long-term water quality improvement, including projects for the protection or attainment of existing and designated uses in water where the department determines that those uses have been impaired or threatened due to the loss or diminishment of the water's natural characteristics; projects under this subparagraph shall implement all department-required practicable best management practices;

(B) emergency response actions under the direction of a federal or state on-scene coordinator, designated under 33 U.S.C. 1321, AS 46.04.020, or AS 46.09.020, if any lowering of water quality is temporary and limited and existing uses are maintained and protected; the responsible party whose actions or lack of action necessitated an emergency response action shall address any lowering of water quality that is not temporary and limited; existing law may be used to address restoration, rehabilitation, replacement, or acquisition of the equivalent for the affected natural resources, including long-term water quality impacts;

(C) 33 U.S.C. 1341 (Clean Water Act, sec. 401) certifications where the department has waived certification under 33 U.S.C. 1341(a); this subparagraph does not alter federal agencies' existing obligations under 40 C.F.R. 230.10(b)(1) to issue permits in compliance with state water quality standards, including antidegradation provisions; or

(D) amendments to this chapter, including amendments to the water use classes and subclasses, amendments to water quality criteria, adoption of site-specific criteria, and the reclassification of waters;

(3) an antidegradation analysis is tier-specific as described under (b), (c), and (d) of this section; antidegradation analyses and department findings for Tier 1 and Tier 2 protection levels are on a parameter-by-parameter basis; analysis and department findings for Tier 3 water are on a basis of a designated water;

(4) an antidegradation analysis for a discharge under 18 AAC 83 (Alaska Pollutant Discharge Elimination System (APDES) Program) specified in (1)(A) of this subsection is subject to the public participation and intergovernmental review procedures under 18 AAC 83.120; an antidegradation analysis for a 33 U.S.C. 1341 (Clean Water Act, sec. 401) certification of a discharge under (1)(B) of this subsection is subject to the public participation and intergovernmental review procedures under 18 AAC 70.015(c);

(5) the applicant shall submit sufficient information to complete an antidegradation analysis under (b), (c), and (d) of this section on department-approved forms; the department will review and determine whether the information is sufficient; information required for department review must include

(A) identification of the receiving water, including the geographic extent potentially affected by the proposed discharge;

(B) a description of the project purpose;

(D) the discharge rate;

(E) parameters of concern in the discharge and the respective concentrations, persistence, and potential impacts to the receiving water;

(F) data on parameters that may alter the effects of the discharge to the receiving water;

(G) which tier should apply for each parameter of concern, if applicable; and

(H) any additional information as requested by the department;

(6) if determined necessary by the department the following baseline water quality provisions apply:

(A) the applicant shall submit sufficient and credible baseline water quality information for the receiving water in order for the department to determine the applicable tier protection level and the assimilative capacity of the receiving water, including the capacity to accommodate future development activities or multiple discharges;

(B) the level of baseline water quality data necessary for department review must be relative to the size of the project, characteristics of the proposed discharge, and the characteristics of the receiving water including special management or habitat designations, as applicable; and

(C) when evaluating whether the information submitted is sufficient and credible or whether additional information may be required, the department will consider all relevant factors, including

(i) the sensitivity of the receiving water to degradation of existing or designated uses;

(ii) the types of parameters of concern in the proposed discharge;

(iii) the available dilution or assimilative capacity of the receiving water for the proposed discharge, including the impacts of authorized discharges;

(iv) representativeness of any surrogate water information proposed for baseline water quality relative to the receiving water under review, including geographic, hydrologic, geologic, water use, and water quality characteristics;

(v) the validity of any baseline concentrations assumed to be below detection levels;

(vi) the quantity, date of analysis, analytical method, detection level, and spatial and temporal scope of any submitted data; and

(vii) whether the data considers applicable seasonal or natural variability.

(b) Tier 1 analysis of existing use protection. Tier 1 applies to all water of the United States within this state and receives the protection under 18 AAC 70.015(a)(1). The following apply for a Tier 1 antidegradation analysis:

(1) the department will conduct a Tier 1 antidegradation analysis for all discharges specified in (a)(1) of this section;

(2) for (a)(1)(B) of this section, the finding of no significant degradation under 33 U.S.C. 1344 (Clean Water Act, sec. 404) and under 40 C.F.R. Part 230, revised as of July 1, 2017 and adopted by reference, fulfills Tier 1 antidegradation finding requirements for dredge or fill material;

(3) the applicant shall submit sufficient information required under (a)(5) of this section and if requested under (a)(6) of this section in support of the application;

(4) Tier 1 is the only antidegradation protection level for a parameter if the receiving water is not also designated a Tier 3 water and if the applicable water quality criteria are exceeded for that parameter as demonstrated by one or more of the following:

(A) the receiving water is listed under 33 U.S.C. 1313(d) (Clean Water Act, sec. 303(d)) for that parameter;

(B) the department determines a Tier 1 protection level for that parameter based on information in the most recent state report issued under 33 U.S.C. 1315(b) (Clean Water Act, sec. 305(b));

(C) the department has previously issued a Tier 1 finding for that parameter in the water and is re-evaluating that finding; the water remains Tier 1 for the applicable parameter unless sufficient and credible information is provided for the department to review and determine that the protection level for the parameter should be revised;

(5) the department will not authorize a discharge to a Tier 1 water unless the department finds that

(A) existing uses and the water quality necessary for protection of existing uses have been identified based on available evidence, including water quality and use related data, information submitted by the applicant, and water quality and use related data and information received during public comment;

(B) existing uses will be maintained and protected; and

(C) the discharge will not cause water quality to be lowered further where the department finds that the parameter already exceeds applicable criteria in 18 AAC 70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b).

(c) Tier 2 analysis for the lowering or potential lowering of water quality not exceeding applicable criteria. Tier 2 applies when the water quality for a parameter in a water of the United States within this state does not exceed the applicable criteria under 18 AAC 70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b) and receives the protection under 18 AAC 70.015(a)(2). The following apply for a Tier 2 antidegradation analysis:

(1) Tier 2 is presumed for all water as the default protection level for all parameters unless

(A) the water is listed under 33 U.S.C. 1313(d) (Clean Water Act, sec. 303(d)) for the applicable parameter;

(B) the department determines a Tier 1 protection level for the applicable parameter based on information in the most recent state report issued under 33 U.S.C. 1315(b) (Clean Water Act, sec. 305(b));

(C) available evidence is provided for department review to determine if a parameter is only subject to Tier 1 analysis and the department finds that

(i) the applicable parameter level persistently exceeds water quality criteria in 18 AAC 70.020(b), 18 AAC 70.030, or 18 AAC 70.236(b); and

(ii) the failure to have water quality that does not exceed applicable criteria is not the result of a permit violation for discharge to the receiving water, unlawful discharge from a nonpoint source, or a spill; or

(D) the water is designated Tier 3;

(2) when evaluating development of a license or general or individual permit for a discharge specified in (a)(1) of this section, and if that discharge will lower or have the potential to lower water quality of Tier 2 water, the department will conduct a Tier 2 antidegradation analysis and make findings for

(A) a proposed new or expanded discharge; for a proposed expanded discharge under a reissued license or general or individual permit, a Tier 2 antidegradation analysis will only be conducted for the portion of the discharge that represents an increase from the existing, authorized discharge;

(B) an existing discharge that did not previously require authorization, if the applicant is proposing an expanded discharge;

(D) a previously expired license or permit that had not been administratively extended; or

(E) a previously terminated discharge, if the applicant is seeking reauthorization;

(3) the department will not conduct a Tier 2 antidegradation analysis for

(A) reissuance of a license or general or individual permit for a discharge that the applicant is not proposing to expand;

(B) issuance of a license or general or individual permit for an existing discharge that did not previously require authorization and that the applicant is not proposing to expand; or

(C) reissuance of an administratively extended license or permit, if the applicant is not proposing an expanded discharge;

(4) for a discharge specified in (a)(1) of this section, the applicant shall submit sufficient information in support of the application; the amount of information and level of detail necessary must be relative to the size of the project or facility, the characteristics of the proposed discharge, and the characteristics of and potential risk to the receiving water; information required for department review includes

(A) information required under (a)(5) of this section;

(B) any information requested under (a)(6) of this section;

(C) a description and analysis of a range of practicable alternatives that have the potential to prevent or lessen the degradation associated with the proposed discharge;

(D) identification of receiving water quality and accompanying environmental impacts on the receiving water for each of the practicable alternatives in (C) of this paragraph;

(E) evaluation of the cost for each of the practicable alternatives in (C) of this paragraph, relative to the degree of water quality degradation;

(F) identification of a proposed practicable alternative that prevents or lessens water quality degradation while also considering accompanying cross-media environmental impacts; if the applicant has selected a non-degrading alternative, the social or economic importance analysis in (G) of this paragraph is not required; and

(G) an analysis that supports the accommodation of important social or economic development in the area where the receiving water is located, for the proposed discharge that will lower or has the potential to lower water quality;

(5) to demonstrate under (4)(G) of this subsection the accommodation of important social or economic development, the applicant shall complete either

(A) a social importance analysis identifying each affected community in the area where the receiving water for the proposed discharge is located and demonstrating that a lowering of water quality accommodates important social development under 18 AAC 70.015(a)(2)(A), including in one or more of the following areas:

(i) community services provided;

(ii) public health or safety improvements;

(iii) infrastructure improvements;

(iv) education and training;

(v) cultural amenities;

(vi) recreational opportunities; or

(B) an economic importance analysis identifying each affected community in the area where the receiving water for the proposed discharge is located and demonstrating that a lowering of water quality accommodates important economic development under 18 AAC 70.015(a)(2)(A), including in one or more of the following areas:

(i) employment, job availability, and salary impacts;

(ii) tax base impacts;

(iii) expanded leases and royalties;

(iv) commercial activities;

(v) access to resources;

(vi) access to a transportation network;

(6) the department may require the analysis of specific alternatives or request additional information that the department determines necessary to assess the submitted alternatives analysis, social importance analysis, or economic importance analysis;

(7) if, after review of available evidence, the department finds that the proposed discharge will lower water quality in the receiving water, the department will not authorize a discharge unless the department finds that

(A) the reduction of water quality meets the applicable criteria of 18 AAC 70.020(b), 18 AAC 70.030, and 18 AAC 70.236(b), unless allowed under 18 AAC 70.200, 18 AAC 70.210, or 18 AAC 70.240;

(B) each requirement under (b)(5) of this section for a discharge to a Tier 1 water is met;

(C) point source and state-regulated nonpoint source discharges to the receiving water will meet requirements under 18 AAC 70.015(a)(2)(D); to make this finding the department will

(i) identify point sources and state-regulated nonpoint sources that discharge to, or otherwise impact, the receiving water;

(ii) consider whether there are outstanding noncompliance issues with point source permits or required state-regulated nonpoint source best management practices, consider whether receiving water quality has improved or degraded over time, and, if necessary and appropriate, take actions that will achieve the requirements of 18 AAC 70.015(a)(2)(D); and

(iii) coordinate with other state or federal agencies as necessary to comply with (i) and (ii) of this subparagraph;

(D) the alternatives analysis provided under (4)(C) - (F) of this subsection demonstrates that

(i) a lowering of water quality under 18 AAC 70.015(a)(2)(A) is necessary; when one or more practicable alternatives that would prevent or lessen the degradation associated with the proposed discharge are identified, the department will select one of the alternatives for implementation; and

(ii) the methods of pollution prevention, control, and treatment applied to all waste and other substances to be discharged are found by the department to be the most effective and practicable;

(E) except if not required under (4)(F) of this subsection, the social or economic importance analysis provided under (4)(G) and (5) of this subsection demonstrates that a lowering of water quality accommodates important social or economic development under 18 AAC 70.015(a)(2)(A); and

(F) 18 AAC 70.015 and this section have been applied consistent with 33 U.S.C. 1326 (Clean Water Act, sec. 316) with regard to potential thermal discharge impairments.

(d) Tier 3 analysis for the protection of water quality in outstanding national resource water. Tier 3 applies to a designated water, and upon designation receives the protection under 18 AAC 70.015(a)(3). The following apply for a Tier 3 antidegradation analysis:

(1) for all discharges specified in (a)(1) of this section to a Tier 3 or tributary to a Tier 3 water that will degrade or have the potential to degrade the existing water quality of a Tier 3 water, the department will conduct a Tier 3 antidegradation analysis and make findings when reviewing

(A) a proposed new or expanded discharge;

(B) an existing discharge that did not previously require authorization, if the applicant is proposing an expanded discharge;

(D) a discharge with a previously expired license or permit that had not been administratively extended; or

(E) a previously terminated discharge, if the applicant is seeking reauthorization;

(2) the applicant shall submit sufficient and credible information in support of the application; information required for department review must include

(A) information required under (a)(5) of this section;

(B) applicable baseline water quality information requested under (a)(6) of this section for the Tier 3 water where the proposed discharge is to a Tier 3 water, and for the Tier 3 water and the receiving water where the proposed discharge is to a water tributary to the Tier 3 water and will degrade or potentially degrade the existing quality of a Tier 3 water;

(D) information on the effect of the proposed new or expanded discharge to the water quality of the Tier 3 water;

(3) the department will not authorize a new zone of deposit under 18 AAC 70.210 or new mixing zone under 18 AAC 70.240 in a designated Tier 3 water;

(4) the department will not authorize a discharge to a Tier 3 water or tributary to a Tier 3 water unless the department finds that

(A) the lowering of water quality is temporary and limited, including any lowering of water quality due to dredging or fill placement authorized under a 33 U.S.C 1344 (Clean Water Act, sec. 404) permit;

(B) no lowering of the Tier 3 water quality will occur and existing uses and Tier 3 water quality will be maintained and protected;

(D) existing state-regulated nonpoint sources to the Tier 3 water are using all state-required practicable best management practices; the department will consider available information that documents whether state-regulated nonpoint sources to the Tier 3 water are using best management practices to ensure that no lowering of water quality will occur and existing uses will be maintained and protected; and

(E) there is no proposal for a new zone of deposit under 18 AAC 70.210 or new mixing zone under 18 AAC 70.240 in a Tier 3 water.

(e) General permit antidegradation analysis. The department will apply the antidegradation policy under 18 AAC 70.015 and implementation methods set out in this section for each new or reissued general permit under 18 AAC 83 (Alaska Pollutant Discharge Elimination System (APDES) Program) at the time a general permit is issued. At the time a general permit is issued, the department

(1) will obtain available evidence, as necessary, to support tier-specific requirements and findings under this section;

(2) will make findings on how the antidegradation policy under 18 AAC 70.015 and the antidegradation implementation requirements under this section are met; and

(3) may request information from potential applicants who may discharge under the general permit in order to conduct the antidegradation analysis.

(f) Temporary and limited degradation of water quality. A temporary and limited degradation of water quality is limited to the shortest possible time, generally weeks or months, and is limited in impact. An activity with a temporary and limited effect may not degrade water quality permanently. The department will allow the activity only after all practicable means are implemented to minimize the degradation. In determining if proposed degradation of water quality would be temporary and limited, the department will consider the following factors:

(1) the length of time during which water quality will be lowered; activities under this paragraph may include temporary activities that require more than one construction season to complete;

(2) the percent change in ambient conditions;

(3) parameters and characteristics, including the potential for cumulative effects;

(4) the likelihood for long-term water quality benefits to the water body after the short-term degradation;

(5) the degree to which achieving the applicable water quality standards or criteria during the proposed activity will be at risk; and

(6) the potential for any residual long term effects on existing uses.

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.710 AS 46.03.050; AS 46.03.100
Eff. 4/6/2018, Register 226

18 AAC 70.020 Protected water use classes and subclasses; water quality criteria; water quality standards table

(a) Classes and subclasses of use of the state's water protected by criteria set out under (b) of this section are

(1) fresh water

(A) water supply

(i) drinking, culinary, and food processing;

(ii) agriculture, including irrigation and stock watering;

(iii) aquaculture;

(iv) industrial;

(B) water recreation

(i) contact recreation;

(ii) secondary recreation;

(2) marine water

(A) water supply

(i) aquaculture;

(ii) seafood processing;

(iii) industrial;

(B) water recreation

(i) contact recreation;

(ii) secondary recreation;

(D) harvesting for consumption of raw mollusks or other raw aquatic life.

(b) Except as modified by or under 18 AAC 70.220 or 18 AAC 70.235, the water quality criteria set out in the following table, and in the Alaska Water Quality Criteria Manual for Toxic and Other Deleterious Organic and Inorganic Substances, dated April 1, 2026 and adopted by reference, in combination with the classes and subclasses of water use set out in (a) of this section, constitute the water quality standards for a particular waterbody; the water quality standards regulate human activities that result in alterations to waters within the state's jurisdiction:

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (1) COLOR, FOR FRESH

WATER USES (see note 8) (A) Water supply

(i) drinking, culinary, and

food processingMay not exceed 15 color units or

the natural condition, whichever

is greater.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringNot applicable.(A) Water Supply

(iii) aquacultureMay not exceed 50 color units or

the natural condition, whichever

is greater.(A) Water Supply

(iv) industrialMay not cause detrimental effects

on established water supply treat-

ment levels.(B) Water Recreation

(i) contact recreationSame as (l)(A)(i).(B) Water Recreation

(ii) secondary recreationMay not interfere with or make the

water unfit or unsafe for the use.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeColor or apparent color may not reduce

the depth of the compensation point

for photosynthetic activity by more

than 10% from the seasonally estab-

lished norm for aquatic life. For all

waters without a seasonally

established norm for aquatic life,

color or apparent color may not

exceed 50 color units or the natural

condition, whichever is greater.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (2) BACTERIA, FOR FRESH

WATER USES (see note 1) (A) Water supply

(i) drinking, culinary, and

food processingIn a 30-day period, the geometric mean

may not exceed 20 fecal coliform/100

ml, and not more than 10% of the sam-

ples may exceed 40 fecal coliform/100

ml. For groundwater, the fecal coliform

concentration must be less than 1 fe-

cal coliform/100 ml, using the fecal

coliform Membrane Filter Technique,

or less than 3 fecal coliform/100 ml,

using the fecal coliform most probable

number (MPN) technique.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringIn a 30-day period, the geometric mean

may not exceed 200 fecal coliform/100

ml, and not more than 10% of the irriga-

tion and stock samples may exceed 400

fecal coliform/100 ml. For products not

normally cooked and for dairy sanitation

of unpasteurized products, the criteria

for drinking water supply, (2)(A)(i),

apply.(A) Water Supply

(iii) aquacultureFor products normally cooked, the geo-

metric mean of samples taken in a 30-

day period may not exceed 200 fecal

coliform/100 ml, and not more than 10%

of the samples may exceed 400 fecal

coliform /100 ml. For products not nor-

mally cooked, the criteria for drinking

water supply, (2)(A)(i), apply.(A) Water Supply

(iv) industrialWhere worker contact is present, the

geometric mean of samples taken in a

30-day period may not exceed 200 fecal

coliform/100 ml, and not more than 10%

of the samples may exceed 400 fecal

coliform/100 ml.(B) Water Recreation

(i) contact recreationIn a 30-day period, the geometric mean

of samples may not exceed 126 Esche-

richia coli (E. coli) colony forming

units (CFU)/100 ml, and not more than

10% of the samples may exceed a stat-

istical threshold value (STV) of 410 E.

coli CFU/100 ml.(B) Water Recreation

(ii) secondary recreationIn a 30-day period, the geometric mean

of samples may not exceed 200 fecal

coliform/100 ml, and not more than 10%

of the total samples may exceed 400

fecal coliform/100 ml.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeNot applicable.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (3) DISSOLVED GAS, FOR

FRESH WATER USES (A) Water supply

(i) drinking, culinary, and

food processingDissolved oxygen (D.O.) must be great-

er than or equal to 4 mg/l (this does not

apply to lakes or reservoirs in which sup-

plies are taken from below the thermo-

cline, or to groundwater).(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringD.O. must be greater than 3 mg/l

in surface waters.(A) Water Supply

(iii) aquacultureD.O. must be greater than 7 mg/l

in surface waters. The concentration

of total dissolved gas may not exceed

110% of saturation at any point of

sample collection.(A) Water Supply

(iv) industrialMay not cause detrimental effects on

established water supply treatment

levels.(B) Water Recreation

(i) contact recreationD.O. must be greater than or equal

to 4 mg/l.(B) Water Recreation

(ii) secondary recreationSame as (3)(B)(1).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeD.O. must be greater than 7 mg/l in

waters used by anadromous or resident

fish. In no case may D.O. be less than

5 mg/l to a depth of 20 cm in the inter-

stitial waters of gravel used by anadro-

mous or resident fish for spawning

(see note 2). For waters not used by

anadromous or resident fish, D.O. must

be greater than or equal to 5 mg/l. In no

case may D.O. be greater than 17 mg/l.

The concentration of total dissolved gas

may not exceed 110% of saturation at

any point of sample collection.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (4) DISSOLVED INORGANIC

SUBSTANCES, FOR

FRESH WATER USES (A) Water supply

(i) drinking, culinary, and

food processingTotal dissolved solids (TDS) from

all sources may not exceed 500

mg/l. Neither chlorides nor sul-

fates may exceed 250 mg/l.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringTDS may not exceed 1,000 mg/l.

Sodium adsorption ratio must be less

than 2.5, sodium percentage less than

60%, and residual carbonate less than

1.25 milliequivalents/liter (see note 6).(A) Water Supply

(iii) aquacultureTDS may not exceed 1,000 mg/l. A

concentration of TDS may not be pre-

sent in water if that concentration

causes or reasonably could be expected

to cause an adverse effect to aquatic

life (see note 12).(A) Water Supply

(iv) industrialNo amounts above natural conditions

that can cause corrosion, scaling, or

process problems.(B) Water Recreation

(i) contact recreationNot applicable.(B) Water Recreation

(ii) secondary recreationNot applicable.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (4)(A)(iii).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (5) PETROLEUM

HYDROCARBONS, OILS

AND GREASE, FOR

FRESH WATER USES (A) Water supply

(i) drinking, culinary, and

food processingMay not cause a visible sheen upon

the surface of the water. May not ex-

ceed concentrations that individually

or in combination impart odor or taste

as determined by organoleptic tests.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringMay not cause a visible sheen

upon the surface of the water.(A) Water Supply

(iii) aquacultureTotal aqueous hydrocarbons (TAqH)

in the water column may not exceed

15 µg/l (see note 7). Total aromatic hy-

drocarbons (TAH) in the water column

may not exceed 10 µg/l (see note 7).

There may be no concentrations of pet-

roleum hydrocarbons, animal fats, or

vegetable oils in shoreline or bottom sed-

iments that cause deleterious effects to

aquatic life. Surface waters and adjoin-

ing shorelines must be virtually free

from floating oil, film, sheen, or discolo-

ration.(A) Water Supply

(iv) industrialMay not make the water unfit

or unsafe for the use.(B) Water Recreation

(i) contact recreationMay not cause a film, sheen, or dis-

coloration on the surface or floor of

the water-body or adjoining shorelines.

Surface waters must be virtually free

from floating oils.(B) Water Recreation

(ii) secondary recreationSame as (5)(B)(i).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (5)(A)(iii).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (6) pH, FOR FRESH WATER

USES (variation of pH for

waters naturally outside the

specified range must be toward

the range) (A) Water supply

(i) drinking, culinary, and

food processingMay not be less than 6.0 or greater than

8.5. A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringMay not be less than 5.0 or greater than

9.0. A) Water Supply

(iii) aquacultureMay not be less than 6.5 or greater than

8.5. May not vary more than 0.5 pH unit

from natural conditions.(A) Water Supply

(iv) industrialMay not be less than 5.0 or greater than

9.0. B) Water Recreation

(i) contact recreationMay not be less than 6.5 or greater than

8.5. If the natural condition pH is outside

this range, substances may not be added

that cause an increase in the buffering ca-

pacity of the water.(B) Water Recreation

(ii) secondary recreationSame as (6)(A)(iv).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeMay not be less than 6.5 or greater than

8.5. May not vary more than 0.5 pH unit

from natural conditions.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (7) RADIOACTIVITY, FOR

FRESH WATER USES (A) Water supply

(i) drinking, culinary, and

food processingMay not exceed the concentrations spe-

cified in Table I of the Alaska Water

Quality Criteria Manual (see note 5)

for radioactive contaminants and may not

exceed limits specified in 10 C.F.R. 20

(see note 9) and National Bureau of

Standards, Handbook 69 (see note 10).(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringSame as (7)(A)(i).(A) Water Supply

(iii) aquacultureSame as (7)(A)(i) except that concentra-

tion factors for organisms involved may

not exceed maximum permissible limits

for specific radioisotopes and unidentified

mixtures as established by 10 C.F.R. 20

(see note 9) and National Bureau of Stan-

dards, Handbook 69 (see note 10).(A) Water Supply

(iv) industrialSame as (7)(A)(i).(B) Water Recreation

(i) contact recreationSame as (7)(A)(i).(B) Water Recreation

(ii) secondary recreationSame as (7)(A)(i).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (7)(A)(iii).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (8) RESIDUES, FOR FRESH

WATER USES: Floating

solids, debris, sludge,

deposits, foam, scum, or

other residues (criteria

are not applicable to

groundwater) (A) Water supply

(i) drinking, culinary, and

food processingMay not, alone or in combination with

other substances or wastes, make the

water unfit or unsafe for the use; cause

a film, sheen, or discoloration on the sur-

face of the water or adjoining shore-

lines; cause leaching of toxic or delete-

rious substances; or cause a sludge,

solid or emulsion to be deposited beneath

or upon the surface of the water, within

the water column, on the bottom, or

upon adjoining shorelines.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringMay not be present in quantities to

cause soil plugging or reduced crop

yield, or to make the water unfit or

unsafe for the use; (A) Water Supply

(iii) aquacultureMay not, alone or in combination

with other substances or wastes,

make the water unfit or unsafe

for the use; (A) Water Supply

(iv) industrialSame as (8)(A)(iii).(B) Water Recreation

(i) contact recreationSame as (8)(A)(i).(B) Water Recreation

(ii) secondary recreationSame as (8)(A)(i).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeMay not, alone or in combination

with other substances or wastes,

make the water unfit or unsafe for

the use, or cause acute or chronic

problem levels as determined by

bioassay or other appropriate meth-

ods; may not, alone or in combina-

tion with other substances, cause a

film, sheen, or discoloration on the

surface of the water or adjoining

shorelines; cause leaching of toxic

or deleterious substances; or cause

a sludge, solid, or emulsion to be de-

posited beneath or upon the surface

of the water, within the water col-

umn, on the bottom, or upon adjoin-

ing shorelines.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (9) SEDIMENT, FOR FRESH

WATER USES (criteria are

not applicable to

groundwater) (A) Water supply

(i) drinking, culinary, and

food processingNo measurable increase in concen-

tration of settleable solids above na-

tural conditions, as measured by the

volumetric Imhoff cone method (see

note 11).(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringFor sprinkler irrigation, water must be

free of particles of 0.074 mm or coar-

ser. For irrigation or water spreading,

may not exceed 200 mg/1 for an extend-

ed period of time.(A) Water Supply

(iii) aquacultureNo imposed loads that will interfere

with established water supply treat-

ment levels.(A) Water Supply

(iv) industrialSame as (9)(A)(iii).(B) Water Recreation

(i) contact recreationSame as (9)(A)(i).(B) Water Recreation

(ii) secondary recreationMay not pose hazards to incidental

human contact or cause interference

with the use.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeThe percent accumulation of fine sedi-

ment in the range of 0.1 mm to 4.0 mm

in the gravel bed of waters used by ana-

dromous or resident fish for spawning

may not be increased more than 5% by

weight above natural conditions (as

shown from grain size accumulation

graph). In no case may the 0.1 mm to

4.0 mm fine sediment range in those

gravel beds exceed a maximum of 30%

by weight (as shown from grain size

accumulation graph) (see notes 3 and

4). In all other surface waters no sedi-

ment loads (suspended or deposited)

that can cause adverse effects on

aquatic animal or plant life, their re-

production or habitat may be present.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (10) TEMPERATURE, FOR

FRESH WATER USES (A) Water supply

(i) drinking, culinary, and

food processingMay not exceed 15° C.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringMay not exceed 30° C.(A) Water Supply

(iii) aquacultureMay not exceed 20° C at any time. The

The following maximum temperatures

may not be exceeded, where applicable:

Migration routes 15° C

Spawning areas 13° C

Rearing areas 15° C

Egg & fry incubation 13° C

For all other waters, the weekly average

temperature may not exceed site-specific

requirements needed to preserve normal

species diversity or to prevent appearance

of nuisance organisms.(A) Water Supply

(iv) industrialMay not exceed 25° C.(B) Water Recreation

(i) contact recreationSame as (10)(A)(ii).(B) Water Recreation

(ii) secondary recreationNot applicable.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (10)(A)(iii).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (11) TOXIC AND OTHER

DELETERIOUS ORGANIC

AND INORGANIC

SUBSTANCES, FOR

FRESH WATER USES (A) Water supply

(i) drinking, culinary, and

food processingThe concentration of substances in water

may not exceed the numeric criteria for

drinking water and human health for con-

sumption of water and aquatic organisms

shown in the Alaska Water Quality Criter-

ia Manual (see note 5). Substances may

not be introduced at concentrations that

cause, or can reasonably be expected to

cause, either singly or in combination,

odor, taste, or other adverse effects on

the use.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringThe concentration of substances in water

may not exceed the numeric criteria for

drinking water and stockwater and irriga-

tion water shown in the Alaska Water

Quality Criteria Manual (see note 5). Sub-

stances may not be introduced at concen-

trations that cause, or can reasonably be

expected to cause, either singly or in com-

bination, odor, taste, or other adverse ef-

fects on the use.(A) Water Supply

(iii) aquacultureSame as (11)(C).(A) Water Supply

(iv) industrialConcentrations of substances that pose

hazards to worker contact may not be

present.(B) Water Recreation

(i) contact recreationThe concentration of substances in water

may not exceed the numeric criteria for

drinking water shown in the Alaska Water

Quality Criteria Manual (see note 5). Sub-

stances may not be introduced at concen-

trations that cause, or can reasonably be

expected to cause, either singly or in com-

bination, odor, taste, or other adverse ef-

fects on the use.(B) Water Recreation

(ii) secondary recreationConcentrations of substances that pose

hazards to incidental human contact may

not be present.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeThe concentration of substances in water

may not exceed the numeric criteria for

aquatic life for fresh water and human

health for consumption of aquatic organ-

isms only shown in the Alaska Water

Quality Criteria Manual (see note 5), or

any chronic and acute criteria established

in this chapter, for a toxic pollutant of con-

cern, to protect sensitive and biologically

important life stages of resident species

of this state. There may be no concentra-

tions of toxic substances in water or in

shoreline or bottom sediments, that, sin-

gly or in combination, cause, or reason-

ably can be expected to cause, adverse

effects on aquatic life or produce unde-

sirable or nuisance aquatic life, except

as authorized by this chapter. Substances

may not be present in concentrations that

individually or in combination impart

undesirable odor or taste to fish or

other aquatic organisms, as determined

by either bioassay or organoleptic tests.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (12) TURBIDITY, FOR

FRESH WATER USES

(criteria are not

applicable to

groundwater) (A) Water supply

(i) drinking, culinary, and

food processingMay not exceed 5 nephelometric turbidity

units (NTU) above natural conditions

when the natural turbidity is 50 NTU or

less, and may not have more than 10%

increase in turbidity when the natural

turbidity is more than 50 NTU, not to

exceed a maximum increase of 25 NTU.(A) Water Supply

(ii) agriculture, including

irrigation and stock

wateringMay not cause detrimental effects on

indicated use.(A) Water Supply

(iii) aquacultureMay not exceed 25 NTU above natural

conditions. For all lake waters, may not

exceed 5 NTU above natural conditions.(A) Water Supply

(iv) industrialMay not cause detrimental effects

on established water supply treatment

levels.(B) Water Recreation

(i) contact recreationMay not exceed 5 NTU above natural

conditions when the natural turbidity is

50 NTU or less, and may not have more

than 10% increase in turbidity when the

natural turbidity is more than 50 NTU,

not to exceed a maximum increase of 15

NTU. May not exceed 5 NTU above na-

tural turbidity for all lake waters.(B) Water Recreation

(ii) secondary recreationMay not exceed 10 NTU above natural

conditions when natural turbidity is 50

NTU or less, and may not have more

than 20% increase in turbidity when the

natural turbidity is greater than 50 NTU,

not to exceed a maximum increase of 15

NTU. For all lake waters, turbidity may

not exceed 5 NTU above natural turbidity.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (12)(A)(iii).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (13) COLOR, FOR MARINE

WATER USES (see note 8) (A) Water Supply

(i) aquacultureMay not exceed 50 color units or the

natural condition, whichever is greater.(A) Water Supply

(ii) seafood processingMay not exceed 15 color units or the

natural condition, whichever is greater.(A) Water Supply

(iii) industrialNot applicable.(B) Water Recreation

(i) contact recreationSame as (13)(A)(ii).(B) Water Recreation

(ii) secondary recreationSurface waters must be free of sub-

stances that produce objectionable

color.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeColor or apparent color may not reduce

the depth of the compensation point for

photosynthetic activity by more than

10% from the seasonally established

norm for aquatic life. For all waters

without a seasonally established norm

for aquatic life, color or apparent color

may not exceed 50 color units or the na-

tural condition, whichever is greater.(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (13)(C).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (14) BACTERIA, FOR

MARINE WATER USES

(see note 1) (A) Water Supply

(i) aquacultureFor products normally cooked, the geo-

metric mean of samples taken in a 30-

day period may not exceed 200 fecal

coliform/100 ml, and not more than 10%

of the samples may exceed 400 fecal

coliform/100 ml. For products not normal-

ly cooked, the geometric mean of samples

taken in a 30-day period may not exceed

20 fecal coliform/100 ml, and not more

than 10% of the samples may exceed

40 fecal coliform/100 ml.(A) Water Supply

(ii) seafood processingIn a 30-day period, the geometric mean

of samples may not exceed 20 fecal

coliform/100 ml, and not more than 10%

of the samples may exceed 40 fecal

coliform/100 ml.(A) Water Supply

(iii) industrialWhere worker contact is present, the

geometric mean of samples taken in a

30-day period may not exceed 200 fecal

coliform/100 ml, and not more than 10%

of the samples may exceed 400 fecal

coliform/100 ml.(B) Water Recreation

(i) contact recreationIn a 30-day period, the geometric mean of

samples may not exceed 35 enterococci

CFU/100 ml, and not more than 10%

of the samples may exceed a statistical

threshold value (STV) of 130 enterococci

CFU/100 ml.(B) Water Recreation

(ii) secondary recreationIn a 30-day period, the geometric mean

of samples may not exceed 200 fecal

coliform/100 ml, and not more than 10%

of the samples may exceed 400 fecal

coliform/100 ml.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeNot applicable.(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeThe geometic mean of samples may not

exceed 14 fecal coliform/100 ml; and not

more than 10% of the samples may exceed

43 MPN per 100 ml for a five-tube

decimal dilution test;

49 MPN per 100 ml for a three-tube

decimal dilution test;

28 MPN per 100 ml for a twelve-tube

single dilution test;

31 CFU per 100 ml for a membrane

filtration test (see note 14).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (15) DISSOLVED GAS, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureSurface dissolved oxygen (D.O.) concen-

tration in coastal water may not be less

than 6.0 mg/l for a depth of one meter ex-

cept when natural conditions cause this

value to be depressed. D.O. may not be

reduced below 4 mg/l at any point beneath

the surface. D.O. concentrations in estu-

aries and tidal tributaries may not be less

than 5.0 mg/l except where natural condi-

tions cause this value to be depressed. In

no case may D.O. levels exceed 17 mg/l.

The concentration of total dissolved gas

may not exceed 110% of saturation at any

point of sample collection.(A) Water Supply

(ii) seafood processingNot applicable.(A) Water Supply

(iii) industrialNot applicable.(B) Water Recreation

(i) contact recreationSame as (15)(A)(i).(B) Water Recreation

(ii) secondary recreationSame as (15)(A)(i).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (15)(A)(i).(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (15)(A)(i).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (16) DISSOLVED

INORGANIC

SUBSTANCES, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureHuman-induced alteration may not

cause a change in the water's isohaline

patterns of more than 1-10% of the nat-

ural variations.(A) Water Supply

(ii) seafood processingNot applicable.(A) Water Supply

(iii) industrialNo amounts above natural conditions

that can cause corrosion, scaling, or

process problems.(B) Water Recreation

(i) contact recreationNot applicable.(B) Water Recreation

(ii) secondary recreationNot applicable.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeMaximum allowable variation above nat-

ural salinity:

Natural Human-Induced

Salinity* Salinity*

0.0 to 3.5 1

Greater than 3.5 to 13.5 2

Greater than 13.5 to 35.5 4

*parts per thousand(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (16)(A)(i) or (16)(C), which-

ever is more stringent.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (17) PETROLEUM

HYDROCARBONS, OILS

AND GREASE, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureTotal aqueous hydrocarbons (TAqH) in

the water column may not exceed 15 µg/l

(see note 7). Total aromatic hydrocarbons

(TAH) in the water column may not ex-

ceed 10 µg/l (see note 7). There may be

no concentrations of petroleum hydrocar-

bons, animal fats, or vegetable oils in

shoreline or bottom sediments that

cause deleterious effects to aquatic life.

Surface waters and adjoining shorelines

must be virtually free from floating oil,

film, sheen, or discoloration.(A) Water Supply

(ii) seafood processingMay not cause a film, sheen, or disco-

loration on the surface or floor of the

waterbody or adjoining shorelines. Sur-

face waters must be virtually free from

floating oils. May not exceed concen-

trations that individually or in combi-

nation impart odor or taste as determin-

ed by organoleptic tests.(A) Water Supply

(iii) industrialMay not make the water unfit or unsafe

for the use.(B) Water Recreation

(i) contact recreationMay not cause a film, sheen, or disco-

loration on the surface or floor of the

waterbody or adjoining shorelines. Sur-

face waters must be virtually free from

floating oils.(B) Water Recreation

(ii) secondary recreationSame as (17)(B)(i).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (17)(A)(i).(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeMay not exceed concentrations that

individually or in combination impart

undesirable odor or taste to organisms

as determined by bioassay or organ-

oleptic tests.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (18) pH, FOR MARINE

WATER USES (variation of

pH for waters naturally

outside the specified range

must be toward the range) (A) Water Supply

(i) aquacultureMay not be less than 6.5 or greater than

8.5, and may not vary more than 0.2 pH

unit outside of the naturally occurring

range.(A) Water Supply

(ii) seafood processingMay not be less than 6.0 or greater than

8.5. A) Water Supply

(iii) industrialMay not be less than 5.0 or greater than

9.0. B) Water Recreation

(i) contact recreationMay not be less than 6.0 or greater than

8.5. If the natural pH condition is outside

this range, substances may not be added

that cause any increase in buffering cap-

acity of the water.(B) Water Recreation

(ii) secondary recreationSame as (18)(A)(iii).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (18)(A)(i).(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (18)(A)(ii).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (19) RADIOACTIVITY, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureMay not exceed the concentrations speci-

fied in Table I of the Alaska Water Quality

Criteria Manual (see note 5) for radioac-

tive contaminants. Concentration factors

for organisms involved may not exceed

maximum permissible limits for specific

radioisotopes and unidentified mixtures

as established in 10 C.F.R. 20 (see note

and National Bureau of Standards,

Handbook 69 (see note 10).(A) Water Supply

(ii) seafood processingMay not exceed the concentrations speci-

fied in Table I of the Alaska Water Quality

Criteria Manual (see note 5) for radioac-

tive contaminants and may not exceed

limits specified in 10 C.F.R. 20 (see note

or National Bureau of Standards,

Handbook 69 (see note 10).(A) Water Supply

(iii) industrialSame as (19)(A)(ii).(B) Water Recreation

(i) contact recreationSame as (19)(A)(ii).(B) Water Recreation

(ii) secondary recreationSame as (19)(A)(ii).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (19)(A)(i).(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (19)(A)(i).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (20) RESIDUES, FOR

MARINE WATER USES:

Floating solids, debris,

sludge, deposits, foam,

scum, or other residues (A) Water Supply

(i) aquacultureMay not, alone or in combination

with other substances or wastes,

make the water unfit or unsafe for

the use; may not detrimentally af-

fect established water supply treat-

ment levels.(A) Water Supply

(ii) seafood processingMay not, alone or in combination with

other substances or wastes, make the

water unfit or unsafe for the use; cause

a film, sheen, or discoloration on the sur-

face of the water or adjoining shorelines;

cause leaching of toxic or deleterious

substances; or cause a sludge, solid, or

emulsion to be deposited beneath or up-

on the surface of the water, within the

water column, on the bottom, or upon

adjoining shorelines.(A) Water Supply

(iii) industrialMay not, alone or in combination with

other substances or wastes. make the

water unfit or unsafe for the use.(B) Water Recreation

(i) contact recreationSame as (20)(A)(ii).(B) Water Recreation

(ii) secondary recreationSame as (20)(A)(ii).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeMay not, alone or in combination with

other substances or wastes, make the

water unfit or unsafe for the use, or

cause acute or chronic problem levels

as determined by bioassay or other ap-

propriate methods; may not, alone or in

combination with other substances,

cause a film, sheen, or discoloration on

the surface of the water or adjoining

shorelines; cause leaching of toxic or

deleterious substances; or cause a

sludge, solid, or emulsion to be deposit-

ed beneath or upon the surface of the

water, within the water column, on the

bottom, or upon adjoining shorelines.(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeMay not, alone or in combination with

other substances or wastes, make the

water unfit or unsafe for the use; cause

a film, sheen, or discoloration on the sur-

face of the water or adjoining shorelines;

cause leaching of toxic or deleterious

substances; or cause a sludge, solid, or

emulsion to be deposited beneath or up-

on the surface of the water, within the

water column, on the bottom, or upon

adjoining shorelines.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (21) SEDIMENT, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureNo imposed loads that will interfere

with established water supply treat-

ment levels.(A) Water Supply

(ii) seafood processingBelow normally detectable amounts.(A) Water Supply

(iii) industrialSame as (21)(A)(i).(B) Water Recreation

(i) contact recreationNo measurable increase in concentra-

tion of settleable solids above natural

conditions, as measured by the volu-

metric Imhoff cone method (see note

11).(B) Water Recreation

(ii) secondary recreationMay not pose hazards to incidental

human contact or cause interference

with the use.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (21)(B)(i).(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeNot applicable.

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (22) TEMPERATURE, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureMay not cause the weekly average temp-

erature to increase more than 1° C. The

maximum rate of change may not exceed

0.5° C per hour. Normal daily tempera-

ture cycles may not be altered in ampli-

tude or frequency.(A) Water Supply

(ii) seafood processingMay not exceed 15° C.(A) Water Supply

(iii) industrialMay not exceed 25° C.(B) Water Recreation

(i) contact recreationNot applicable.(B) Water Recreation

(ii) secondary recreationNot applicable.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeSame as (22)(A)(i).(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (22)(A)(i).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (23) TOXIC AND OTHER

DELETERIOUS ORGANIC

AND INORGANIC

SUBSTANCES, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureSame as (23)(C).(A) Water Supply

(ii) seafood processingThe concentration of substances in water

may not exceed the numeric criteria for

aquatic life for marine water shown in the

Alaska Water Quality Criteria Manual

(see note 5). Substances may not be intro-

duced at concentrations that cause, or can

reasonably be expected to cause, either

singly or in combination, odor, taste, or

other adverse effects on the use.(A) Water Supply

(iii) industrialConcentrations of substances that pose

hazards to worker contact may not be

present.(B) Water Recreation

(i) contact recreationThere may be no concentrations of sub-

stances in water, that alone or in combi-

nation with other substances, make the

water unfit or unsafe for the use.(B) Water Recreation

(ii) secondary recreationConcentrations of substances that pose

hazards to incidental human contact may

not be present.(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeThe concentration of substances in

water may not exceed the numeric

criteria for aquatic life for marine

water and human health for con-

sumption of aquatic organisms

only shown in the Alaska Water

Quality Criteria Manual (see note

5), or any chronic and acute criter-

ia established in this chapter, for a

toxic pollutant of concern, to protect

sensitive and biologically important

life stages of resident species of this

state. There may be no concentra-

tions of toxic substances in water

or in shoreline or bottom sedi-

ments, that, singly or in combination,

cause, or reasonably can be expect-

ed to cause, adverse effects on a-

quatic life or produce undesirable

or nuisance aquatic life, except as

authorized by this chapter. Substan-

ces may not be present in concen-

trations that individually or in

combination impart undesirable

odor or taste to fish or other aqua-

tic organisms, as determin-

ed by either bioassay or organo-

leptic tests.(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (23)(C).

Water Quality Standards for Designated Uses

POLLUTANT & WATER USE CRITERIA (24) TURBIDITY, FOR

MARINE WATER USES (A) Water Supply

(i) aquacultureMay not exceed 25 nephelometric

turbidity units (NTU).(A) Water Supply

(ii) seafood processingMay not interfere with disinfection.(A) Water Supply

(iii) industrialMay not cause detrimental effects

on established levels of water supply

treatment.(B) Water Recreation

(i) contact recreationSame as (24)(A)(i).(B) Water Recreation

(ii) secondary recreationSame as (24)(A)(i).(C) Growth and Propagation of

Fish, Shellfish, Other Aquatic

Life, and WildlifeMay not reduce the depth of the

compensation point for photosynthetic

activity by more than 10%. May not

reduce the maximum secchi disk depth

by more than 10%.(D) Harvesting for Consumption

of Raw Mollusks or Other

Raw Aquatic LifeSame as (24)(C).

Notes: 1. Wherever bacteria criteria are provided in this section, bacteria enumeration must be determined by the membrane filter technique or most probable number procedure according to any edition of Standard Methods for the Examination of Water and Wastewater, adopted by reference in (c)(1) of this section, or in accordance with other standards approved by the department and the United States Environmental Protection Agency (EPA). Bacteria results reported as "too numerous to count" (TNTC) is considered an exceedance for comparison to water quality standards. Analysis and reporting of the method recommended dilution of the sample is required. 2. Wherever criteria for dissolved oxygen (DO) are provided in this chapter, dissolved oxygen (DO) concentrations in interstitial waters of gravel beds will be measured using the technique found in Variations in the Dissolved Oxygen Content of Intragravel Water in Four Spawning Streams of Southeastern Alaska, by William J. McNeil, United States Department of the Interior, United States Fish and Wildlife Service, Special Scientific Report - Fisheries No. 402, February 1962, adopted by reference. 3. Wherever criteria for fine sediments are provided in this chapter, fine sediments must be sampled by the method described in An Improved Technique for Freeze Sampling Streambed Sediments, by William J. Walkotten, United States Department of Agriculture, United States Forest Service, Forest Service Research Note PNW-281, October 1976, adopted by reference, or by the technique found in Success of Pink Salmon Spawning Relative to Size of Spawning Bed Materials, by William J. McNeil and W.H. Ahnell, United States Department of the Interior, United States Fish and Wildlife Service, Special Scientific Report - Fisheries No. 469, January 1964, pages 1 - 3, adopted by reference. 4. Wherever criteria for fine sediments are provided in this chapter, percent accumulation of fine sediments will be measured by the technique found in the Manual on Test Sieving Methods, Guidelines for Establishing Sieve Analysis Procedures, by the American Society for Testing and Materials (ASTM), STP 447A, 1972 edition, adopted by reference. 5. Wherever cited in this subsection, the Alaska Water Quality Criteria Manual means the Alaska Water Quality Criteria for Toxic and Other Deleterious Organic and Inorganic Substances, dated April 1, 2026, adopted by reference in this subsection. 6. The Report of the Committee on Water Quality Criteria, United States Department of the Interior, Federal Water Pollution Control Administration, Washington, D.C., April 1, 1968, is adopted by reference. 7. Samples to determine concentrations of total aromatic hydrocarbons (TAH) and total aqueous hydrocarbons (TAqH) must be collected in marine and fresh waters below the surface and away from any observable sheen; concentrations of TAqH must be determined and summed using a combination of: (A) EPA Method 602 (plus xylenes) or EPA Method 624 to quantify monoaromatic hydrocarbons and to measure TAH; and (B) EPA Method 610 or EPA Method 625 to quantify polynuclear aromatic hydrocarbons listed in EPA Method 610; use of an alternative method requires department approval; the EPA methods referred to in this note may be found in Appendix A of 40 C.F.R. 136, as revised as of July 1, 2003 and adopted by reference. 8. Color is as measured in color units on the platinum-cobalt scale according to any edition of Standard Methods for the Examination of Water and Wastewater, adopted by reference. 9. Wherever cited in this chapter, 10 C.F.R. 20 means the Standards for Protection Against Radiation, revised as of January 1, 2014, and adopted by reference. 10. Wherever cited in this chapter, National Bureau of Standards Handbook 69 means Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and Water for Occupational Exposure, United States Department of Commerce, National Bureau of Standards Handbook 69, August 1963, adopted by reference. 11. Volumetric measurements of settleable solids must be determined according to the following procedure: (A) first, an Imhoff cone must be filled to the one-liter mark with thoroughly

mixed sample; (B) second, the sample must settle for 45 minutes; (C) third, the sides of the cone must be gently stirred with a rod or by spinning; (D) fourth, the sample must settle 15 minutes longer, and the volume of settleable

matter in the cone must be recorded as milliliters per liter; (E) fifth, if the settled matter contains pockets of liquid between large settled

particles, the volume of these pockets must be estimated and subtracted from the

volume of settled matter. 12. If a permit applicant proposes to raise the total dissolved solids (TDS) levels in the receiving water to result in a concentration in the waterbody between 500 mg/l and 1,000 mg/l for all sources or above 110 mg/l for the potassium ion, the department will require a permit applicant to provide information that the department identifies as necessary to determine if the proposed TDS level will cause or can reasonably be expected to cause an adverse effect to aquatic life; based on its analysis, the department will limit the TDS level in the waterbody as necessary to prevent an adverse effect, and will set permit effluent limits accordingly; the burden of proof to demonstrate no adverse effect is on the permit applicant; implementation of the ''no adverse effect'' criterion is not subject to 18 AAC 70.235. 13. repealed 11/13/2022. 14. When fecal coliform are monitored in waters designated as state approved shellfish harvesting and growing waters, these waters are also subject to 18 AAC 34.010(19).

(1) Standard Methods for the Examination of Water and Wastewater, 22nd edition, 2012 or 23rd edition, 2017, published jointly by the American Public Health and American Water Works Associations and the Water Environment Federation; the editions of Standard Methods for the Examination of Water and Wastewater listed in this paragraph are adopted by reference, except for analytical methods where the most recently EPA approved version is required under (3) of this subsection and later versions of those methods are not adopted by reference and are not approved;

(2) Methods for Chemical Analysis of Water and Wastes, March 1983, Environmental Monitoring and Support Laboratory, Office of Research and Development, United States Environmental Protection Agency, Technical Report No. EPA-600/4-79-020, adopted by reference;

(3) 40 C.F.R. Part 136 (guidelines establishing test procedures for the analysis of pollutants), revised as of July 1, 2021, adopted by reference;

(4) repealed 6/13/2006;

(5) Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater, July 1982, Environmental Monitoring and Support Laboratory, Office of Research and Development, United States Environmental Protection Agency, Technical Report No. EPA-600/4-82-057, adopted by reference;

(6) methods cited in (b) of this section; or

(7) other methods of analysis approved by the department and EPA.

(d) In applying acute aquatic life criteria, a one-hour averaging period typically is used for ammonia and other fast-acting toxic substances, a 24-hour averaging period is used for all other toxic substances, unless otherwise specified by the department.

History

Authority: AS 46.03.010; AS 46.03.050; AS 46.03.080 AS 46.03.020; AS 46.03.070; AS 46.03.710
Eff. 11/1/97, Register 143; am 4/29/99, Register 150; am 5/27/99, Register 150; am 6/22/2003, Register 166; am 6/13/2006, Register 178; am 9/1/2006, Register 179; am 9/19/2009, Register 191; am 5/26/2011, Register 198; am 2/19/2016, Register 217; am 2/5/2017, Register 221; am 11/13/2022, Register 244; am 4/26/2024, Register 250; am 5/3/2026, Register 258

18 AAC 70.025 Human health risk level for carcinogenic substances

After 11/1/97, when, to protect human health, the department adopts water quality criteria for a carcinogenic substance, the criteria will be based on a lifetime incremental cancer risk level of 1 in 100,000 for exposed individuals.

History

Authority: AS 46.03.020; AS 46.03.070 AS 46.03.050; AS 46.03.080
Eff. 11/1/97, Register 143

18 AAC 70.030 Whole effluent toxicity limit

(a) An effluent discharged to a water may not impart chronic toxicity to aquatic organisms, expressed as 1.0 chronic toxic unit, at the point of discharge, or if the department authorizes a mixing zone in a permit, approval, or certification, at or beyond the mixing zone boundary, based on the minimum effluent dilution achieved in the mixing zone. If the department determines that an effluent has reasonable potential to cause or contribute to exceedance of the whole effluent toxicity limit, the department will require whole effluent toxicity testing as a condition of a permit, approval, or certification. The permittee shall use methods and species approved by the United States Environmental Protection Agency in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th edition (2002), Technical Report No. EPA-821-R-02-013, adopted by reference, and Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to West Coast Marine and Estuarine Organisms 1st edition (August 1995), Technical Report No. EPA/600/R-95/136, adopted by reference, or alternate methods and species approved by the department that provide equivalent estimates of chronic toxicity. The department will require that the testing use sensitive and biologically important life stages of indigenous species, as the department considers necessary and feasible to protect aquatic life fully. The department will reduce the frequency of, or eliminate, whole effluent toxicity testing if

(1) the results of a sufficient database of testing conclusively demonstrate that an effluent does not have a reasonable potential to exceed the whole effluent toxicity limit;

(2) significant changes in effluent quality are not expected over the life of the permit; and

(3) the department determines that aquatic life will be adequately protected.

(b) In this section, "chronic toxic unit" means an expression of the chronic toxicity of an effluent, determined as (100/NOEC), where NOEC, the "No Observed Effects Concentration", is the highest tested percentage concentration of an effluent, established by direct testing of toxicity to aquatic organisms, that causes no observable adverse effects, including effects on growth, development, behavior, reproduction, or survival, over a test duration that generally is one-tenth or more of the lifespan of the test organism. Other equivalent chronic toxicity endpoints approved by the department, such as the "25 percent Inhibition Concentration (IC25)," may be used in place of NOEC, and may incorporate shorter test durations.

History

Authority: AS 46.03.020; AS 46.03.070 AS 46.03.050; AS 46.03.080
Eff. 11/1/97, Register 143; am 4/29/99, Register 150; am 6/13/2006, Register 178

18 AAC 70.040 Procedures for applying water quality criteria

In applying the appropriate water quality criteria for any waterbody or portion of a waterbody, the department will use the following procedures:

(1) if a waterbody is protected for more than one use class under 18 AAC 70.050 or 18 AAC 70.230(e), the most stringent water quality criteria for all the included use classes will apply;

(2) at the boundary between waters protected for different use classes under 18 AAC 70.050 or 18 AAC 70.230(e), the water quality criteria for the more stringent use class will apply; and

(3) in estuaries, where the fresh and marine water quality criteria differ within the same use class, the standard will be determined on the basis of salinity; however, the marine water quality criteria will apply for

(A) dissolved oxygen if the salinity is one part per thousand or greater; and

(B) fecal coliform bacteria if the salinity is 10 parts per thousand or greater;

(4) if both a narrative and a numeric criterion apply under 18 AAC 70.020(b), compliance with the numeric criterion satisfies the narrative criterion unless the department finds that the potential for cumulative or synergistic effects or other reasons specific to a particular situation require a more stringent criterion to protect the designated use.

History

Authority: AS 46.03.020; AS 46.03.070; AS 46.03.080
Eff. 11/1/97, Register 143; am 9/19/2009, Register 191

18 AAC 70.050 Classification of state waters

(a) Except as specified in 18 AAC 70.230(e), state water is protected for the following use classes:

(1) fresh waters - Classes (1)(A) - (1)(C);

(2) groundwaters - Class (1)(A); and

(3) marine waters - Classes (2)(A) - (2)(D).

History

Authority: AS 46.03.020; AS 46.03.070 AS 46.03.050; AS 46.03.080
Eff. 11/1/97, Register 143

Article 2 Exceptions to Statewide Standards

18 AAC 70.200 Short-term variance

(a) In its discretion, the department will grant a short-term variance from the antidegradation policy standard of 18 AAC 70.015 or the water quality criteria of 18 AAC 70.020(b) for

(1) a one-time, temporary activity that is a nonpoint source of water pollution; and

(2) a temporary activity associated with the placement of dredged or fill material affecting a specific waterbody.

(b) The department will grant a short-term variance only if an applicant shows to the department's satisfaction that

(1) wastes or substances that might adversely affect water quality are controlled, using methods the department finds most effective;

(2) the activity will be conducted in a manner to mitigate water quality impacts, using methods the department finds most effective; and

(3) the activity, when completed, will not cause a long-term, chronic, or recurring violation of the water quality standards.

(c) The department will, in its discretion, grant a short-term variance by geographic area or project, or for a specific event. The term of a variance will be as short as practicable, and will, at the latest, expire when the projects is completed.

(d) A person seeking a short-term variance shall submit a written request and proceed in accordance with 18 AAC 15.020 - 18 AAC 15.100. The request must state the

(1) location, time, duration, and type of activity for which the variance is sought;

(2) reasons why the activity is required;

(3) a real extent and quantified degree of variance from the applicable criteria;

(4) detailed construction and operating plans, including water pollution control and mitigation measures; and

(5) activity's estimated impact on the uses of the water involved, including recreation and use for habitat, rearing, growth, or migration by fish, shellfish, other aquatic life, and wildlife.

(e) The department will, in its discretion, treat an application for a permit under Sec. 404 of the Clean Water Act as an application for a short-term variance.

History

Authority: AS 46.03.020; AS 46.03.070; AS 46.03.080
Eff. 11/1/97, Register 143

18 AAC 70.205 Water quality standards variance

(a) Upon application or on its own initiative, the department may authorize a water quality standards variance, that establishes a time-limited designated use and an associated water quality criterion that represent the highest attainable condition, consistent with the requirements of 40 C.F.R. 131.14, revised as of July 1, 2019, and adopted by reference.

(b) An applicant requesting a water quality standards variance under this section shall submit supporting documentation consistent with 40 C.F.R. 131.14(b) to the department. The department will review and determine whether the information is sufficient. If determined necessary, the department may request additional information.

(c) A water quality standards variance is subject to public participation procedures under 40 C.F.R. 131.20(b), revised as of July 1, 2019, and adopted by reference, the procedures of AS 44.62.180 - 44.62.290, and other applicable state and federal statutes and regulations.

(d) The department may terminate, modify, or deny a subsequent water quality standards variance if the department determines that the variance is not being implemented as authorized or is resulting in a significant adverse environmental effect.

History

Authority: AS 46.03.020; AS 46.03.070; AS 46.03.100 AS 46.03.050; AS 46.03.080; AS 46.03.120
Eff. 3/5/2020, Register 233

18 AAC 70.210 Zones of deposit

(a) The department will, in its discretion, issue or certify a permit that allows deposit of substances on the bottom of marine waters within limits set by the department. The water quality criteria of 18 AAC 70.020(b) and the antidegradation requirement of 18 AAC 70.015 may be exceeded in a zone of deposit. However, the standards must be met at every point outside the zone of deposit. In no case may the water quality standards be violated in the water column outside the zone of deposit by any action, including leaching from, or suspension of, deposited materials. Limits of deposit will be defined in a short-term variance issued under 18 AAC 70.200 or a permit issued or certified under 18 AAC 15.

(b) In deciding whether to allow a zone of deposit, the department will consider, to the extent the department determines to be appropriate,

(1) alternatives that would eliminate, or reduce, any adverse effects of the deposit;

(2) the potential direct and indirect impacts on human health;

(3) the potential impacts on aquatic life and other wildlife, including the potential for bioaccumulation and persistence;

(4) the potential impacts on other uses of the waterbody;

(5) the expected duration of the deposit and any adverse effects; and

(6) the potential transport of pollutants by biological, physical, and chemical processes.

(c) The department will, in its discretion, require an applicant to provide information that the department deems necessary to adequately assess (b)(1) - (6) of this section. In all cases, the burden of proof for providing the required information is on the person seeking to establish a zone of deposit.

History

Authority: AS 46.03.020; AS 46.03.080; AS 46.03.110 AS 46.03.070; AS 46.03.100
Eff. 11/1/97, Register 143

18 AAC 70.220 Thermal discharges

Under section 316(a) of the Clean Water Act, if the owner or operator of a thermal discharge source, after opportunity for public hearing, can show to the department's satisfaction that application of the temperature criterion in 18 AAC 70.020 is more stringent than needed to assure the protection and propagation of diverse indigenous and anadromous populations of aquatic life in waters to which the discharge would occur, the department will, in its discretion, apply a new temperature criterion to the waterbody affected. The new criterion will assure the protection and propagation of diverse indigenous and anadromous populations of aquatic life, and other wildlife, in and on that waterbody, according to its protected use classes.

History

Authority: AS 46.03.020; AS 46.03.070; AS 46.03.080
Eff. 11/1/97, Register 143

18 AAC 70.230 Procedure for designated use reclassification; reclassified waters

(a) Upon application, upon petition, or on its own initiative, the department may adopt, modify, or repeal protected water use classes in 18 AAC 70.050 for a water of the state in accordance with 40 C.F.R. 131.10, revised as of July 1, 2019, and adopted by reference.

(b) Before changing 18 AAC 70.050 or (e) of this section to reclassify state water, the department will hold at least one public hearing and otherwise comply with 40 C.F.R. 131.20(b), adopted by reference in 18 AAC 70.205(c), the procedures in AS 44.62.180 - 44.62.290, and other applicable state and federal statutes and regulations.

(c) An applicant or petitioner seeking reclassification of a waterbody under this section shall provide to the department all available evidence reasonably necessary to demonstrate that a reclassification will comply with this section.

(d) The following water may not be reclassified under this chapter:

(1) water in areas administered under the National Wilderness Preservation System under 16 U.S.C. 1131 - 1136;

(2) water in state and national parks, national preserves and monuments, national recreation areas, and national wildlife refuges;

(3) wild and scenic rivers established under 16 U.S.C. 1271 - 1287;

(4) marine sanctuaries established under 16 U.S.C. 1431 - 1445b;

(5) estuarine sanctuaries established under 16 U.S.C. 4151 - 1464;

(6) water in critical habitat areas established under AS 16.20.220 - 16.20.270;

(7) water in Land Use Designation (LUD) II areas established by the United States Forest Service under 16 U.S.C. 371a - 545b.

(e) Specific state water reclassified under this section is protected only for the designated use class shown, as follows:

Type/Name Watershed

Number* Latitude

Longitude** Location Designated

Use Class Reach of

Water Affected (1) Amy

Creek1904050965°32¢30"NNear

Livengood(1)(A)(i),

(1)(A)(iii),

(1)(A)(iv),

(1)(B)(ii),

(1)(C)Headwaters of Amy Creek to its confluence with Livengood Creek148°26¢55"W(2) Chena

River1904050664°47¢45"NNear Fair-

banks(1)(A)(ii),

(1)(A)(iii),

(1)(A)(iv),

(1)(B), and

(1)(C)Confluence of Chena River and Chena Slough to the confluence of Chena River and Tanana River147°54¢45"W(3) Connie

Creek1905040468°04¢04"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***

(1)(B)(ii)****

(1)(C)Tributary of Middle Fork Red Dog Creek162°49¢09"W(4) Franklin

Creek1904050965°33¢07"NNear

Livengood(1)(A)(iv)Headwaters of Franklin Creek to Hess Creek Dam/reservoir diversion ditch148°30¢87"W(5) Gertrude

Creek1904050965°32¢05"NNear

Livengood(1)(A)(i),

(1)(A)(iv),

(1)(B)(ii),

(1)(C)Headwaters of Gertrude Creek to its confluence with Livengood Creek148°30¢05"W(6) Heine

Creek1904050965°33¢60"NNear

Livengood(1)(A)(iv),

(1)(C)Headwaters of Heine Creek to Hess Creek Dam/reservoir diversion ditch148°25¢12"W(7) Hilltop

Creek1905040468°03¢47"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(ii)****Tributary of Middle Fork Red Dog Creek162°49¢12"W(8) Ikalukrok

Creek1905040467°53¢26"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***,

(1)(B)(ii),

(1)(C)Confluence with Red Dog Creek to confluence with the Wulik River163°37¢18"W(9) Isabell

Creek (Up-

per)1904050965°32¢22"NNear

Livengood(1)(A)(iv)Headwaters of Isabell Creek to Hess Creek Dam road crossing148°31¢10"W(10) Isabell

Creek (Di-

version)1904050965°34¢35"NNear

Livengood(1)(A)(iv),

(1)(C)Hess Creek Dam road crossing to Hess Creek Dam/reservoir diversion ditch148°23¢26"W(11) Lillian

Creek1904050965°30¢40"NNear

Livengood(1)(A)(iv)Headwaters of Lillian Creek to its confluence with Livengood Creek148°34¢23"W(12) Lucille

Creek1904050965°32¢25"NNear

Livengood(1)(A)(iv)Headwaters of Lucille Creek to its confluence with Livengood Creek148°27¢25"W(13) Nolan

Creek and

all its trib-

utaries ex-

cluding

Acme Creek1904060167°27¢35"NNear

Wiseman(1)(A)(iv)Headwaters of Nolan Creek to its confluence with Wiseman Creek, and from the headwaters of each tributary of Nolan Creek to its confluence with Nolan Creek excluding Acme Creek150°14¢49"W(14) Olive

Creek (Up-

per)1904050965°29¢27"NNear

Livengood(1)(A)(iv)Headwaters of Olive Creek to 1.5 miles above its confluence with the Tolovana River148°30¢08"W(15) Olive

Creek

(Lower)1904050965°28¢18"NNear

Livengood(1)(A)(i),

(1)(A)(iii),

(1)(A)(iv),

(1)(B)(i),

(1)(B)(ii),

(1)(C)1.5 miles above the confluence with the Tolovana River to its confluence with the Tolovana River148°30¢53"W(16) Rachael

Creek1905040468°03¢47"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***,

(1)(B)(ii)****,

(1)(C)Tributary of Middle Fork Red Dog Creek162°49¢12"W(17) Ready

Bullion

Creek1904050965°29¢43"NNear

Livengood(1)(A)(i),

(1)(A)(iii),

(1)(A)(iv),

(1)(B)(ii),

(1)(C)Headwaters of Ready Bullion Creek to its confluence with Livengood Creek148°35¢30"W(18) Red

Dog Creek

(Main Stem)1905040468°05¢23"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***,

(1)(B)(ii),

(1)(C)Confluence with North Fork Red Dog Creek to confluence with Ikalukrok Creek162°56¢48"W(19) Red

Dog Creek

(Upper Mid-

dle Fork)1905040468°04¢32"NNear Red

Dog Mine(1)(A)(iv)Headwaters to terminus of the Red Dog Mine Water Manage-ment System162°51¢21"W(20) Red

Dog Creek

(Lower Mid-

dle Fork)1905040468°05¢02"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***,

(1)(B)(ii)****Terminus of the Red Dog Mine Water Manage-ment System to confluence with North Fork Red Dog Creek162°53¢04"W(21) Ruth

Creek1904050965°31¢26"NNear

Livengood(1)(A)(iv)Headwaters of Ruth Creek to its confluence with Livengood Creek148°32¢30"W(22) Shelly

Creek1905040468°04¢19"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***,

(1)(B)(ii)****,

(1)(C)Tributary of Middle Fork Red Dog Creek162°49¢26"W(23) Steel

Creek1904050965°28¢12"NNear

Livengood(1)(A)(i),

(1)(A)(iii),

(1)(A)(iv),

(1)(B)(ii),

(1)(C)Headwaters of Steel Creek to its confluence with the Tolovana River148°24¢50"W(24) Sulfur

Creek1905040468°04¢32"NNear Red

Dog Mine(1)(A)(iv),

(1)(B)(i)***,

(1)(B)(ii)****,

(1)(C)Tributary of Middle Fork Red Dog Creek162°50¢15"W(25) Wonder

Creek1904050965°33¢33"NNear

Livengood(1)(A)(iv),

(1)(C)Headwaters of Wonder Creek to Hess Creek Dam/reservoir diversion ditch148°27¢21"W(26) Copper

Creek1902020260°3'3"N

147°54'14"WLaTouche Island,

Prince

William

Sound(1)(A)(ii)

(1)(A)(iii)

(1)(A)(iv)

(1)(C)Confluence with Prince

William Sound to designated reach break above mining activities; includes all minor tributaries to Copper Creek and impoundments (including lower Copper Creek, Mine Lake and Historical Copper Creek) within the affected reach(27) South

Blackbird Creek1902020260°3'23"N

147°53'53"WLaTouche Island,

Prince

William

Sound(1)(A)(ii)

(1)(A)(iii)

(1)(A)(iv)

(1)(C)Confluence with Prince William Sound to Headwaters; includes minor tributaries(28) Northern

Blackbird Creek1902020260°3'24"N

147°53'49"WLaTouche Island,

Prince

William

Sound(1)(A)(ii)

(1)(A)(iii)

(1)(A)(iv)

(1)(C)Confluence with Prince William Sound to designated reach break above mining activities; includes all minor tributaries(29) Beach Level

Portal1902020260°3'24"N

147°53'49"WLaTouche Island,

Prince

William

Sound(1)(A)(ii)

(1)(A)(iii)

(1)(A)(iv)

(1)(C)Confluence with Prince William Sound to portal * Watershed numbers refer to watersheds established by the United States Depart- ment of Interior, Geological Survey ''Hydrologic Unit Map - 1987 State of Alaska,'' adopted by reference. This document is for sale by the United States Geological Survey, Fairbanks, Alaska 99701; Denver, Colorado 80225; or Reston, Virginia 22092. This document is on file in the Lieutenant Governor's Office and may be seen at the department's Anchorage, Fairbanks, Juneau offices. ** River latitudes and longitudes are set at the downstream end of the affected river reach. *** Protected for contact recreation, wading only. **** Protected for secondary recreation, except fishing.

History

Authority: AS 46.03.020; AS 46.03.070 AS 46.03.050; AS 46.03.080
Eff. 11/1/97, Register 143; am 3/5/2020, Register 233; am 8/9/2025, Register 255

18 AAC 70.235 Site-specific criteria

(a) The department may establish a site-specific water quality criterion that modifies a water quality criterion set out in 18 AAC 70.020(b)

(1) in a permit as set out under (b) of this section; or

(2) in regulation as set out under (c) of this section.

(b) Upon application, the department may set site-specific criteria in a permit using a performance based approach adopted by the department under this chapter.

(c) Upon application, or on its own initiative, the department may set site-specific criteria in regulation if the department finds that the evidence reasonably demonstrates that the site-specific criterion will fully protect designated uses in 18 AAC 70.020(b) and that

(1) for reasons specific to a certain site, a criterion in 18 AAC 70.020(b) is more stringent or less stringent than necessary to ensure full protection of the corresponding use class; or

(2) a criterion would be better expressed in terms different from those used in 18 AAC 70.020(b).

(d) The department will set a site-specific criterion under (b) or (c) of this section for the "growth and propagation offish, shellfish, other aquatic life, and wildlife" use classes in 18 AAC 70.020(a)(l)(C) and 18 AAC 70.020(a)(2)(C) only if the department finds that the evidence is sufficient to reasonably demonstrate that

(1) the species or habitats present, or expected to be present under natural conditions, are more sensitive or less sensitive to a substance than indicated by the criterion, and a site-specific criterion is required to prevent adverse effects or to alleviate an unnecessarily restrictive general criterion; or

(2) the natural characteristics of the receiving environment would increase or reduce the biological availability or the toxicity of a substance, or otherwise alter the substance, and a site-specific criterion is required to prevent adverse effects or to alleviate an unnecessarily restrictive general criterion.

(e) An applicant seeking a site-specific criterion under this section shall provide all information that the department determines is necessary to modify an existing criterion. The department will, in a timely manner, request and review for completeness, information submitted under this subsection. In all cases, the burden of proof is on the applicant seeking a site-specific criterion.

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.710 AS 46.03.050; AS 46.03.100; AS 46.03.720
Eff. 11/1/97, Register 143; am 4/29/99, Register 150; am 12/28/2006, Register 180; am 5/3/2026, Register 258

18 AAC 70.236 Waterbodies subject to site-specific criteria

(a) Under 18 AAC 70.235, the department has established site-specific criteria that modify certain general criteria set out in 18 AAC 70.020(b) for the waterbodies listed in (b) of this section. The site-specific criteria apply only to the affected designated use class indicated in (b) of this section. All other criteria set out in 18 AAC 70.020(b) continue to apply to the waterbodies listed in (b) of this section.

(b) Waterbodies subject to site-specific criteria, and the applicable site-specific criteria, are:

18 AAC 70.236(b) LATITUDE

LONGITUDE** LOCATION REACH OF

WATER

AFFECTED WATER

QUALITY

PARAMETER DESIGNATED

USE CLASS

AFFECTED SITE-SPECIFIC

CRITERIA WATERSHED TYPE/NAME NUMBER* (1) Camp Creek1901030158°51'150" N. 135°08'30" W45 miles north of Juneau on Lynn CanalCamp Creek below discharge from Kensington Mine dry tailings facility to tidewater (approximately 1,000 feet)Dissolved inorganic substances(1)(A)(i)Total dissolved solids (TDS) from all sources may not exceed 1,000 mg/l. Chlorides may not exceed 200 mg/l. Sulfates associated with magnesium and sodium may exceed 200 mg/l.Set at the downstream end of the affected river reach.(1)(A)(iii)TDS may not exceed 1,000 mg/l.(1)(C)TDS may not exceed 1,000 mg/l.(2) Gold Creek15049900Beginning at: 58°18'26" N 134°22'43" W

Ending at 58°17'57" N 134°25'05" W JuneauDownstream from Gold Creek drain- age tunnel to

Gastineau ChannelDissolved inorganic substances(1)(A)(iii)TDS may not exceed 300 mg/l.(1)(C)TDS may not exceed 300 mg/l.(3) Sherman Creek19010301*58°52'08" N

135°08'22" W45 miles north of Juneau on Lynn CanalSherman Creek below discharge of Kensington Mine adit drainage to tidewater (approximately 1.5 miles)Dissolved inorganic substances(1)(A)(i)Total dissolved solids (TDS) from all sources may exceed 1,000 mg/l. Chlorides may not exceed 200 mg/l. Sulfates associated with magnesium sodium may not exceed 200 mg/l.Set at the downstream end of the affected river reach.(1)(A)(iii)TDS may not exceed 1,000 mg/l.(1)(C)TDS may not exceed 1,000 mg/l.(4) Cook Inlet19020401*61°12'22.5" N

150°01'8.7" W

(end of outfall pipe for Municipality of Anchorage wastewater treatment plant)Vicinity of Point Woronzof, Anchoragesee footnote*Arsenic**(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)36 µ /l (chronic)

69 µ /l (acute)

measured as dissolved metalCadmium****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)9.3 µ /l (chronic)

42 µ /l (acute)

measured as dissolved metalChromium VI****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)50 µ /l (chronic)

1100 µ /l (acute)

measured as dissolved metalCopper****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)3.1 µ /l (chronic)

4.8 µ /l (acute)

measured as dissolved metalLead***(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)8.1 µ /l (chronic)

210 µ /l (acute)

measured as dissolved metalMercury****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)0.025 µ /l (chronic)

1.8 µ /l (acute)

measured as dissolved metalNickel****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)8.2 µ /l (chronic)

74 µ /l (acute)

measured as dissolved metalSelenium****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)71 µ /l (chronic)

290 µ /l (acute)

measured as dissolved metalSilver****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)1.9 µ /l (acute)

measured as dissolved metal

81 µ /l (chronic)Zinc****(2)(A)(i),

(2)(A)(ii)

(2)(B)(i)

(2)(C) & (2)(D)90 µ /l (acute)

measured as dissolved metalTurbidity(2)(A)(i),

(2)(B)(i)

(2)(B)(ii)

(2)(C) & (2)(D)May not exceed the natural condition(5) Red Dog Creek Main Stem19050404*68°05'23" N 162°56'48" WNear Red Dog MineRed Dog Creek from the confluence of the Middle fork and North fork to the confluence of Red Dog Creek and Ikalukrok CreekDissolved inorganic substances(1)(C)Total dissolved solids (TDS), with calcium greater than 50% by weight of the total cations, may not exceed 1,500 mg/l.For TDS with calcium less than or equal to 50% by weight of the total cations, the statewide standard in 18 AAC 70.020(b)(4)(C) applies.

Watershed numbers refer to watersheds established by the United States Department of Interior, Geological Survey, "Hydrologic Unit Map - 1987 State of Alaska," adopted by reference in 18 AAC 70.230; information about how to obtain this document is set out in the footnote to the table in 18 AAC 70.230(e) ** River latitudes and longitudes are set at the downstream end of the affected river reach. *** Upper Cook Inlet in the vicinity of Point Woronzof, an area bounded by the constriction of Knik Arm at Cairn Point to the northeast, by the southern shoreline of Cook Inlet southwest to Point Campbell, by a line from Point Campbell to the northeast end of Fire Island, by a line due north from the northeast and of Fire Island to the northern shoreline of Cook Inlet at a point east of the mouth of the Little Susitna River, by the northern shoreline of upper Cook Inlet north and east to a point directly west of Cairn Point; and from that point by a line due east to Cairn Point; a map of the area subject to these site-specific criteria is available at the department's offices in Anchorage, Fairbanks, and Juneau. **** This metal is a toxic substance as defined in 18 AAC 70.990, and falls under the parameter of "Toxics and Other Deleterious Organic and Inorganic Substances" in 18 AAC 70.020(b).

History

Authority: AS 46.03.020; AS 46.03.070 AS 46.03.050; AS 46.03.080
Eff. 12/12/97, Register 144; am 3/1/98, Register 145; am 4/24/99, Register 150; am 6/26/2003, Register 166; am 2/15/2006, Register 177

18 AAC 70.240 Mixing zones

(a) Upon application, the department may authorize in a discharge permit or certification, a mixing zone or multiple mixing zones in which the water quality criteria and any limit set under this chapter may be exceeded. The applicant shall provide to the department all available evidence reasonably necessary to demonstrate that a mixing zone will comply with this section. The department will approve, approve with conditions, or deny a mixing zone application.

(b) In determining whether to authorize a mixing zone under this section, the department will consider

(1) the characteristics of the receiving water, including biological, chemical, and physical characteristics such as volume, flow rate, and flushing and mixing characteristics;

(2) the characteristics of the effluent, including volume, flow rate, dispersion, and quality after treatment;

(3) the effects, if any, including cumulative effects of multiple discharges and diffuse, nonpoint source inputs, that the discharge will have on the uses of the receiving water;

(4) any additional measures that would mitigate potential adverse effects to the aquatic resources present; and

(5) any other factors the department finds must be considered to determine whether a mixing zone will comply with this section.

(c) The department will approve a mixing zone, as proposed or with conditions, only if the department finds that available evidence reasonably demonstrates that

(1) an effluent or substance will be treated to remove, reduce, and disperse pollutants, using methods that the department finds to be the most effective, technologically and economically feasible, and at a minimum consistent with statutory and regulatory treatment requirements including

(A) any federal technology-based effluent limitation identified in 40 C.F.R. 122.29 and 40 C.F.R. 125.3, as revised as of July 1, 2005 and adopted by reference;

(B) minimum treatment standards in 18 AAC 72.050; and

(C) any treatment requirement imposed under another state statute or regulation that is more stringent than a requirement of this chapter;

(2) designated and existing uses of the waterbody as a whole will be maintained and protected;

(3) the overall biological integrity of the waterbody will not be impaired; and

(4) the mixing zone will not

(A) result in an acute or chronic toxic effect in the water column, sediments, or biota outside the boundaries of the mixing zone;

(B) create a public health hazard that would preclude or limit existing uses of the waterbody for water supply or contact recreation;

(C) preclude or limit established processing activities or established commercial, sport, personal-use, or subsistence fish and shellfish harvesting;

(D) result in a reduction in fish or shellfish population levels;

(E) result in permanent or irreparable displacement of indigenous organisms;

(F) adversely affect threatened or endangered species except as authorized under 16 U.S.C. 1531 - 1544 (Endangered Species Act); or

(G) form a barrier to migratory species or fish passage.

(d) The department will approve a mixing zone, as proposed or with conditions, only if the department finds that available evidence reasonably demonstrates that within the mixing zone the pollutants discharged will not

(1) bioaccumulate, bioconcentrate, or persist above natural levels in sediments, water, or biota to significantly adverse levels, based on consideration of bioaccumulation and bioconcentration factors, toxicity, and exposure;

(2) present an unacceptable risk to human health from carcinogenic, mutagenic, teratogenic, or other effects as determined using risk assessment methods approved by the department and consistent with 18 AAC 70.025;

(3) settle to form objectionable deposits, except as authorized under 18 AAC 70.210;

(4) produce floating debris, oil, scum and other material in concentrations that form nuisances;

(5) result in undesirable or nuisance aquatic life;

(6) produce objectionable color, taste, or odor in aquatic resources harvested from the area for human consumption;

(7) cause lethality to passing organisms; or

(8) exceed acute aquatic life criteria at and beyond the boundaries of a smaller initial mixing zone surrounding the outfall, the size of which shall be determined using methods approved by the department.

(e) In lakes, streams, rivers, or other flowing fresh waters, a mixing zone will not be

(1) authorized in a spawning area of any of the five species of anadromous Pacific salmon found in the state; or

(2) allowed to adversely affect the present and future capability of an area to support spawning, incubation, or rearing of any of the five species of anadromous Pacific salmon found in the state.

(f) In lakes, streams, rivers, or other flowing fresh waters, except as provided in (g) of this section, a mixing zone will not be authorized in a spawning area for

(1) Arctic grayling;

(2) northern pike;

(3) lake trout;

(4) brook trout;

(5) sheefish;

(6) burbot;

(7) landlocked coho salmon, chinook salmon, or sockeye salmon; or

(8) anadromous or resident rainbow trout, Arctic char, Dolly Varden, whitefish, or cutthroat trout.

(g) The department may authorize a mixing zone in a spawning area of a lake, stream, river, or other flowing fresh water for the species listed in (f) of this section if, after consultation with the Department of Fish and Game, the department finds that the applicant has demonstrated that the discharge

(1) does not contain pollutants at concentrations that exceed the criteria for growth and propagation of fish, shellfish, other aquatic life, and wildlife established in 18 AAC 70.020(b)(1) - (12); and

(2) will not adversely affect the capability of the area to support future spawning, incubation, and rearing activities.

(h) In a mixing zone authorization under (g) of this section, the department may require the applicant to monitor effluent, ambient water quality, and biological conditions to determine whether unanticipated adverse effects on spawning, incubation, and rearing of species identified in (f) of this section are occurring.

(i) The provisions of (e), (f), and (g) of this section do not apply to the renewal of a mixing zone authorization where spawning was not occurring at the time of the initial authorization, but successful spawning, incubation, and rearing has occurred within the mixing zone after the initial authorization of that mixing zone.

(j) When determining whether to authorize a mixing zone under (e), (f), or (g) of this section, the department will make that determination

(1) in conformance with the determination of the Department of Fish and Game, acting under AS 16.20, of the location and time of a spawning area within a special area;

(2) in conformance with the determination of the Department of Fish and Game, acting under AS 16.05.871 - 16.05.901, of the location and time of a spawning area within waters included in the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes, adopted by reference in 5 AAC 95.011; or

(3) after consultation with the Department of Fish and Game, as to what the Department of Fish and Game considers the location and time of a spawning area not within waters described in (1) or (2) of this subsection.

(k) The department will approve a mixing zone, as proposed or with conditions, only if it finds that the mixing zone is as small as practicable and will comply with the following size restrictions, unless the department finds that evidence is sufficient to reasonably demonstrate that these size restrictions can be safely increased:

(1) for estuarine and marine waters, measured at mean lower low water,

(A) the cumulative linear length of all mixing zones intersected on any given cross section of an estuary, inlet, cove, channel, or other marine water may not exceed 10 percent of the total length of that cross section; and

(B) the total horizontal area allocated to all mixing zones at any depth may not exceed 10 percent of the surface area;

(2) for lakes, the total horizontal area allocated to all mixing zones at any depth may not exceed 10 percent of the lake's surface area;

(3) for streams, rivers, or other flowing fresh waters, the length of a mixing zone may not extend beyond the computed point of complete mixing, as determined using a standard river flow mixing model or other methods accepted by the department;

(4) for streams, rivers, or other flowing fresh waters, the length of a mixing zone may not extend downstream beyond the location where the department determines that a public health hazard reasonably could be expected to occur.

(l) For streams, rivers, or other flowing fresh waters, in calculating the maximum pollutant discharge limitation, the volume of flow available for dilution must be determined using

(1) the actual flow data collected concurrent with the discharge; or

(2) for conventional and nontoxic substances, the 10-year, 7-day low flow (7Q10) as the criteria design flow; for the protection of aquatic life, the 10-year, 7-day low flow (7Q10) as the chronic criteria design flow and the 10-year, 1-day low flow (1Q10) as the acute criteria design flow; and for the protection of human health, the 5-year, 30-day low flow (30Q5) as the noncarcinogenic criteria design flow and the harmonic mean flow as the carcinogenic criteria design flow; these low flows must be calculated using methods approved by the department.

(m) If the department finds that available evidence reasonably demonstrates that a mixing zone authorized by the department has had or is having a significant unforeseen adverse environmental effect, the department will terminate, modify, or deny renewal of the permit or certification authorizing the mixing zone.

(n) When consulting with an agency under (g) or (j) of this section, the department will give appropriate weight to any information received from the agency, considering the agency's expertise.

(o) For purposes of this section, the five species of anadromous Pacific salmon found in the state are chinook salmon, coho salmon, sockeye salmon, pink salmon, and chum salmon.

(p) In this section, "special area" means a state game refuge, a state game sanctuary, or a state fish and game critical habitat area, established under AS 16.20.

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.710 AS 46.03.050; AS 46.03.100
Eff. 11/1/97, Register 143; am 3/23/2006, Register 177; am 11/13/2022, Register 244

18 AAC 70.245 Mixing zones: Appropriateness and size determination

Repealed.

History

Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

18 AAC 70.250 Mixing zones: General conditions

Repealed.

History

Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

18 AAC 70.255 Mixing zones: In-zone quality and size specifications

Repealed.

History

Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

18 AAC 70.260 Mixing zones: Application requirements

Repealed.

History

Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

18 AAC 70.270 Mixing zones: Termination, modification, or denial of renewal

Repealed.

History

Eff. 11/1/97, Register 143; repealed 3/23/2006, Register 177

Article 3 General Provisions

18 AAC 70.900 Enforcement discretion

In determining whether to initiate an enforcement action on a water quality violation, the department will consider whether the activity in question was conducted in compliance with

(1) permit conditions established in accordance with AS 46.03.100 or 46.03.110(e), and with 18 AAC 15;

(2) engineering plans approved in accordance with AS 46.03.720; or

(3) best management practices as determined by the department.

History

Authority: AS 46.03.020; AS 46.03.050
Eff. 11/1/97, Register 143

18 AAC 70.910 Compliance schedule

(a) If the department determines that more time is required for a facility to come into full compliance with the water quality standards under this chapter, and if the department determines that allowing a facility more time to come into full compliance will not harm or threaten public health or the environment, the department will include as a condition of a permit, certification, or approval issued under this chapter, or as a means for complying with water quality standards under this chapter, a compliance schedule for a requirement

(1) with which a facility is not in compliance when a permit or certification is issued; or

(2) that becomes effective during the life of a permit or certification and with which a facility will not be in compliance.

(b) A compliance schedule issued under this section must

(1) contain a narrative description of how the facility will achieve compliance;

(2) include remedial measures specified as a sequence of actions enforceable by the department, and with completion dates leading to compliance for each requirement;

(3) require compliance in as brief a time as feasible;

(4) if compliance is not achievable in one year, include a schedule for the permittee to submit regular progress reports to the department; a progress report submitted as required under that schedule must include

(A) the activities and completion dates required in the compliance schedule and the dates when those activities were achieved; and

(B) an explanation of why a completion date was not or cannot be met and a description of corrective measures taken;

(5) include requirements comparable to and at least as stringent as any compliance plan requirement contained in a judicial consent decree or administrative order that applies to the facility; and

(6) include a statement that the compliance schedule does not prevent the department from pursuing an enforcement action for noncompliance with a permit condition not covered by the compliance schedule.

(1) the permittee has shown good cause for the revision;

(2) a shorter period for achieving compliance is required to adequately protect water quality; or

(3) a shorter period for achieving compliance is feasible because one or more steps in the compliance schedule become necessary or achievable in less time.

(d) A permittee who fails to comply with an interim or final compliance date set out in a compliance schedule is in violation of the permit, certification, or approval to which the compliance schedule applies, and is subject to enforcement action by the department, including modification, suspension, or revocation of the permit, certification, or approval.

(e) A compliance schedule included in an NPDES permit issued by EPA, or a revision of that compliance schedule, is subject to federal regulations, including 40 C.F.R. 122.

History

Authority: AS 46.03.020; AS 46.03.100; AS 46.03.120 AS 46.03.050; AS 46.03.110
Eff. 4/29/99, Register 150

18 AAC 70.990 Definitions

Unless the context indicates otherwise, in this chapter

(1) "acute" means of, relating to, or resulting from a level of toxicity of a substance, a substance combination, or an effluent sufficient to produce observable lethal or sublethal effects in aquatic organisms exposed for short periods of time, typically 96 hours or less;

(2) "anadromous" with respect to fish, has the meaning given in the definition of "anadromous fish" in the definitions section of the Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes, adopted by reference in 5 AAC 95.011;

(3) "apparent color" means the condition of water that results in the visual sensations of hue and intensity, due both to substances in solution and to suspended matter;

(4) "aquaculture" means the cultivation of aquatic plants or animals for human use or consumption;

(5) "available evidence" means all relevant and applicable data and information the applicant has or can obtain, and all relevant and applicable data and information available to the department from other sources; "available evidence" does not include data and information that the collection or preparation of which, in the department's determination, is not practicable;

(6) "bioaccumulation" means the ability of a substance or chemical to be taken up by an organism either directly from exposure to a contaminated medium or by consumption of food containing the substance or chemical;

(7) "bioconcentration" means the ability of a substance or chemical to be absorbed from water through gills or epithelial tissue and concentrate in the body of an organism;

(8) "boundary" means a line or landmark that serves to clarify, outline, or mark a limit, border, or interface;

(9) "carcinogenic" means a substance that is expected to cause cancer in aquatic life or, for human health purposes, that is classified as a Group A or Group B carcinogen according to the United States Environmental Protection Agency Guidelines for Carcinogen Risk Assessment, 51 Fed. Reg. 33992, 33999 - 34000(1986); Group A includes substances that have been shown to cause cancer in humans; Group B, based on epidemiologic and other studies, includes "probable human carcinogens" and is divided between

(A) "B1", for which there is limited evidence of carcinogenicity in humans; and

(B) "B2", for which there is sufficient evidence of carcinogenicity in animals, but inadequate or no evidence of carcinogenicity in humans from epidemiologic studies;

(10) "certification" means the certificate of reasonable assurance the department may issue under 33 U.S.C. 1341 (Clean Water Act, sec. 401), as amended through February 4, 1987;

(11) "chronic" means of, relating to, or resulting from a level of toxicity of a substance, a substance combination, or an effluent sufficient to produce observable lethal or sublethal effects, including effects on growth, development, behavior, reproduction, or survival, in aquatic organisms exposed for a period of time that generally is one-tenth or more of their life span;

(12) "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended through February 4, 1987;

(13) "color" means the condition that results in the visual sensations of hue and intensity, as measured after turbidity is removed;

(14) "commissioner" means the commissioner of the Department of Environmental Conservation, or the commissioner's designee;

(15) "compensation point for photosynthetic activity" means the point at which incident light penetration allows plankton to photosynthetically produce enough oxygen to balance their respiration requirements;

(16) "contact recreation" means activities in which there is direct and intimate contact with water; "contact recreation" includes swimming, diving, and water skiing; "contact recreation" does not include wading;

(17) "criterion" means a set concentration or limit of a water quality parameter that, when not exceeded, will protect an organism, a population of organisms, a community of organisms, or a prescribed water use with a reasonable degree of safety; a criterion might be a narrative statement instead of a numerical concentration or limit;

(18) "department" means the Department of Environmental Conservation;

(19) "designated uses" means those uses specified in 18 AAC 70.020 as protected use classes for each waterbody or segment, regardless of whether those uses are being attained;

(20) "dissolved oxygen" means the concentration of oxygen in water as determined either by the Winkler (iodometric) method and its modifications or by the membrane electrode method;

(21) "ecosystem" means a system made up of a community of animals, plants, and bacteria, and the system's interrelated physical and chemical environment;

(22) "effluent" means the segment of a wastewater stream that follows the final step in a treatment process and precedes discharge of the wastewater stream to the receiving environment;

(23) "EPA" means the United States Environmental Protection Agency;

(24) "existing uses" means those uses actually attained in a waterbody on or after November 28, 1975;

(25) "fecal coliform bacteria" means those bacteria that can ferment lactose at 44.5° 1 0.2° C to produce gas in a multiple tube procedure; "fecal coliform bacteria" also means all bacteria that produce blue colonies within 24 1 hours of incubation at 44.5° 1 0.2° C in an M-FC broth medium;

(26) "fish" means any of the group of cold-blooded vertebrates that live in water and have permanent gills for breathing and fins for locomotion;

(27) "grain size accumulation graph" means a plot of sediment-sieving data showing logarithm of grain size in millimeters on the horizontal axis and percent accumulation by weight (linear scale) on the vertical axis;

(28) "ground water" means water in the zone of saturation; in this paragraph, "zone of saturation" is the zone below the water table, where all interstices are filled with water;

(29) "harmonic mean flow" means a long-term mean flow value calculated by dividing the number of daily flows analyzed by the sum of the reciprocals of those daily flows;

(30) repealed 3/23/2006;

(31) "industrial use" means use of a water supply for a manufacturing or production enterprise except food processing, and includes mining, placer mining, energy production, or development;

(32) "irreparable displacement" means a change in aquatic organism use or presence due to a decrease in water quality that is irreversible by natural processes so that the biological system will not return to a state functionally equivalent to the original after cessation of discharge;

(33) "lake" means an inland waterbody of substantial size that occupies a basin or hollow in the earth's surface and that might or might not have a current or a single direction of flow;

(34) "mean" means the average of values obtained over a specified time period and, for fecal coliform analysis, is computed as a geometric mean;

(35) "mean lower low water" means the tidal datum plane of the average of the lower of the two low waters of each day, as would be established by the National Geodetic Survey, at any place subject to tidal influence;

(36) "micrograms per liter (µg/l)" means the concentration at which one millionth of a gram (10-6 g) is found in a volume of one liter;

(37) "milligrams per liter (mg/l)" means the concentration at which one thousandth of a gram (10-3 g) is found in a volume of one liter; it is approximately equal to the unit "parts per million (PPM)," formerly of common use;

(38) "mixing zone" means a volume of water, adjacent to a discharge, in which wastes discharged mix with the receiving water;

(39) "most probable number (MPN)" means the statistic that represents the number of individuals most likely present in a given sample, based on test data;

(40) "mutagenic" means the ability of a substance or chemical to increase the frequency or extent of a significant and basic alteration in an organism's chromosomes or genetic material as determined according to the United States Environmental Protection Agency Guidelines for Mutagenicity Risk Assessment, 51 Fed. Reg. 34006 (1986), adopted by reference;

(41) "natural condition" means any physical, chemical, biological, or radiological condition existing in a waterbody before any human-caused influence on, discharge to, or addition of material to, the waterbody;

(42) "nonpoint source" means a source of pollution other than a point source;

(43) "oils and grease" means oils and grease as defined by the procedure used under 18 AAC 70.020(c)(1);

(44) "persist" means the ability of a substance or chemical not to decay, degrade, transform, volatilize, hydrolyze, or photolyze;

(45) "pH" means the negative logarithm of the hydrogen-ion concentration, expressed as moles per liter:

pH = -log10 (H+);

(46) "point source" means a discernible, confined, and discrete conveyance, including a pipe, ditch, channel, tunnel, conduit, well, container, rolling stock, or vessel or other floating craft, from which pollutants are or could be discharged;

(47) "pollution" has the meaning given that term in AS 46.03.900;

(48) "practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes;

(49) "residues" means floating solids, debris, sludge, deposits, foam, scum, or any other material or substance remaining in a waterbody as a result of direct or nearby human activity;

(50) "secondary recreation" means activities in which incidental water use can occur; "secondary recreation" includes boating, camping, hunting, hiking, wading and recreational fishing; in this paragraph "recreational fishing" does not include fish consumption;

(51) "sediment" means solid material of organic or mineral origin that is transported by, suspended in, or deposited from water; "sediment" includes chemical and biochemical precipitates and organic material, such as humus;

(52) "settleable solids" means solid material of organic or mineral origin that is transported by and deposited from water, as measured by the volumetric Imhoff cone method and at the method detection limits specified in method 2540(F), in any edition of Standard Methods for the Examination of Water and Wastewater, adopted by reference in 18 AAC 70.020(c)(1);

(53) "sheen" means an iridescent appearance on the water surface;

(54) "significantly adverse levels" means concentrations of pollutants that would impair the productivity or biological integrity of the overall waterbody, including reducing or eliminating the viability or sustainability of a given species or community of species in the overall waterbody;

(55) "sodium adsorption ratio (SAR)" means the estimated degree to which sodium from a given water will be adsorbed in soil, as proposed in Diagnosis and Improvement of Saline and Alkali Soils, Agriculture Handbook No. 60, United States Salinity Laboratory Staff, United States Department of Agriculture, and is expressed as the quotient of the sodium ion concentration and the square root of half the sum of the calcium and magnesium ion concentrations:

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(56) "spawning" means the process of producing, emitting, or depositing eggs, sperm, seed, germ, larvae, young, or juveniles, especially in large numbers, by aquatic life;

(57) "teratogenic" means the ability of a substance or chemical to cause developmental malformations and monstrosities, as determined according to the United States Environmental Protection Agency Guidelines for Health Assessment of Suspect Developmental Toxicants, 51 Fed. Reg. 34028 (1986), adopted by reference;

(58) "thermocline" means a zone of water between a warmer, surface zone and a colder, deep-water zone in a thermally stratified waterbody, in which water temperature decreases rapidly with depth;

(59) "total aqueous hydrocarbons (TAqH)" means those collective dissolved and water-accommodated monoaromatic and polynuclear aromatic petroleum hydrocarbons that are persistent in the water column; "total aqueous hydrocarbons" does not include floating surface oils or greases;

(60) "total aromatic hydrocarbons (TAH)" means the sum of the following volatile monoaromatic hydrocarbon compounds: benzene, ethylbenzene, toluene, and the xylene isomers, commonly called BETX;

(61) "toxic" means of, relating to, or resulting from a substance or substance combination that causes in affected organisms or their offspring

(A) death, disease, malignancy, genetic mutations;

(B) abnormalities, or malfunctions in growth, development, behavior, or reproduction; or

(62) "toxic substances" means those substances or substance combinations, including disease-causing agents, which after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available, cause a toxic effect in the affected organism or its offspring; "toxic substances" includes the following substances, and any other substance identified as a toxic pollutant under 33 U.S.C. 1317(a) (Clean Water Act, sec. 307(a)):

2-chlorophenol; 2,4-dichloraphenol; 2,4-dimethylphenol; acenaphthene; acrolein; acrylonitrile; Aldrin/Dieldrin; ammonia; antimony; arsenic; asbestos; benzene; benzidine; beryllium; cadmium; carbon tetrachloride; Chlordane; chlorinated benzenes; chlorinated naphthalene; chlorinated ethanes; chlorine; chloroalkyl ethers; chloroform; chlorophenols; chlorophenoxy herbicides; chromium; copper; cyanide; DDT; Demeton; dichlorobenzenes; dichlorobenzidine; dichloroethylenes; dichloropropane; dichloropropene; dinitrotoluene; diphenlyhydrazine; Endosulfan; Endrin; ethylbenzene; fluoranthene; Guthion; haloethers; halomethanes; Heptachlor; hexachlorobutadiene; hexachlorocyclohexane; hexachlorocyclopentadiene; isphorone; lead; Lindane; Malathion; mercury; methoxychlor; Mirex; napthalene; nickel; nitrobenzene; nitrophenols; nitrosamines; p-dioxin; Parathion; PCBs; pentachlorophenol; phenol; phthalate esters; polynuclear aromatic hydrocarbons; selenium; silver; tetrachloroethylene; thallium; toluene; Toxaphene; trichloroethylene; vinyl chloride; and zinc;

(63) "treatment works" has the meaning given that term in AS 46.03.900;

(64) "turbidity" means an expression of the optical property that causes light to be scattered and absorbed rather than transmitted in straight lines through a water sample; turbidity in water is caused by the presence of suspended matter such as clay, silt, finely divided organic and inorganic matter, plankton, and other microscopic organisms;

(65) "water," "waterbody," and "waters" have the meaning given the term "waters" in AS 46.03.900;

(66) "water of the United States" has the meaning given that term "water of the United States" in 40 C.F.R. 122.2, as amended through August 15, 1997;

(67) "water recreation" means contact recreation or secondary recreation;

(68) "water supply" means any of the waters of the state that are designated in this chapter to be protected for fresh water or marine water uses, including waters used for drinking, culinary, food processing, agricultural, aquacultural, seafood processing, and industrial purposes; "water supply" does not necessarily mean that a waterbody, protected as a supply for the uses listed in this paragraph is safe to drink in its natural state;

(69) "wildlife" means all species of mammals, birds, reptiles, and amphibians;

(70) "milliequivalents per liter" or "meq/l" mean milligrams per liter divided by the molecular weight of a chemical species, and multiplied by the electrical charge or valence of the species;

(71) "sodium percentage" means the quotient of (sodium x 100) divided by the sum of (sodium + calcium + magnesium + potassium); in this paragraph "sodium," "calcium," "magnesium," and "potassium" mean amounts of those substances expressed as milliequivalents per liter;

(72) "shellfish" means a species of crustacean, mollusk, or other aquatic invertebrate with a shell or shell-like exoskeleton, in any stage of its life cycle.

(73) "Colony forming unit (CFU)" means a measurement for microbial growth reported as colony forming units per 100 ml of water (CFU/100 ml); in this paragraph, a colony of bacteria means a mass of one or more individual cells of the same organism, growing together.

(74) "assimilative capacity" means

(A) the increment of water quality that is better than the applicable criteria; or

(B) the capacity of a specific water to accommodate the addition of a parameter without causing violations of applicable water quality criteria, impairing water quality, or negatively impacting uses;

(75) "new or expanded," with respect to discharges, means discharges that are regulated for the first time or discharges that are expanded such that they could result in an increase in permitted parameter load or concentration or other changes in discharge characteristics that could lower water quality or have other adverse environmental impacts;

(76) "parameter" means any chemical, physical, or biological characteristic of water, including a pollutant as defined under 18 AAC 83.990;

(77) "receiving water" means the water, or segment of the water, to which a discharge occurs or is proposed to occur;

(78) "sufficient and credible" means scientifically valid chemical, physical, or biological data that

(A) is of adequate quantity and quality; and

(B) is collected under a sampling and analysis plan, including quality assurance and quality control procedures, and addressing spatial and temporal coverage, as applicable;

(79) "water quality standards variance" means a time-limited designated use and criterion

(A) for one or more specific pollutants or water quality parameters; and

(B) that reflect the highest attainable condition during the term of the water quality standard variance;

(80) "fresh waters" means waters in which salinity is equal to or less than one part per thousand based on the 95th percentile of the dataset of salinity values; the applicable criteria are the fresh water criteria as set out in 18 AAC 70.020(b)(1) - (12), except as set out in 18 AAC 70.040;

(81) "marine waters" means waters in which the salinity is equal to or greater than 10 parts per thousand based on the 95th percentile of the dataset of salinity values; the applicable criteria are the marine criteria as set out in 18 AAC 70.020(b)(13) - (24).

History

Authority: AS 46.03.010; AS 46.03.070; AS 46.03.110 AS 46.03.020; AS 46.03.080; AS 46.03.710 AS 46.03.050; AS 46.03.100; AS 46.03.720
Eff. 11/1/97, Register 143; am 4/29/99, Register 150; am 6/22/2003, Register 166; am 3/23/2006, Register 177; am 6/13/2006, Register 178; am 2/5/2017, Register 221; am 4/6/2018, Register 226; am 3/5/2020, Register 233; am 4/26/2024, Register 250

Chapter 71 Placer Mining Demonstration Grants

18 AAC 71.010 Uniform procedures

(a) This chapter provides procedures for submission, review, and approval of applications for grants to study and test innovative methods or practices of waste disposal, pollution control, gold recovery, and water use reduction in placer mining, in accordance with AS 46.16.010 - AS 46.16.100.

(b) For persons who submitted grant applications before November 20, 1984, the following provisions apply:

(1) applicants may review, revise, and update their applications by February 15, 1985;

(2) the committee will review and make recommendations on these applications before acting on any other applications; and

(3) applications submitted before November 20, 1984, that are not selected for grant award in the first review will be reviewed and again considered with those applications submitted between November 20, 1984 and February 15, 1985.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.020 Eligible projects

(a) Grant money may be used to purchase, construct, operate, study, and test new placer mining equipment and methods of management and use of water in placer mining.

(b) Grant money may be used to modify, operate, study, and test innovative methods using equipment already ordered, purchased, or owned by the applicant.

(c) Water use reduction, mineral recovery, waste disposal, or pollution control methods already proved in other types of mining or any other fields may be eligible for funding if proposed for use in an innovative or more effective way.

(d) If equipment or labor is used for operations not directly associated with demonstrating innovate technology, money may be used for only that fraction involving the innovative technology.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.030 Application for grants

(a) An applicant must furnish information showing a history of successful placer mining in Alaska. Examples of such information include

(1) the dates, locations, and descriptions of the applicant's placer mining experience in Alaska;

(2) the number of employees supported by the applicant's previous placer mining operations in Alaska, listed by year;

(3) a list of equipment used, owned, or leased in the applicant's previous placer mining operations in Alaska;

(4) copies or a list of permits from government agencies, or other information to verify placer mining operations in Alaska;

(5) financial records, balance sheets, credit references, profit-and-loss statements, loans received or paid off, or tax information that the applicant may wish to volunteer to demonstrate success in placer mining; and

(6) any other information that shows evidence of experience in Alaska placer mining.

(b) An applicant must furnish information to show an ability to study, test, and adequately report on the proposed new methods and to produce verifiable results. This information may include

(1) a description of education or experience related to water analysis, flow measurement, sampling techniques, and similar scientific methods;

(2) association or cooperation with research groups or government agencies to conduct studies pertinent to the management and use of water in mining;

(3) copies or a list of the applicant's publications, reports, papers, or presentations at meetings or conferences concerning water pollution control, water use reduction, waste disposal, gold recovery, or related topics; and

(4) any other information that would help prove ability to produce verifiable results.

(1) the location of the operation;

(2) the name and location of any affected water bodies;

(3) a description of the proposed project which tells how the project is innovative, how it differs from similar projects, and how the proposal, if successful, will benefit placer mining and pollution control in Alaska;

(4) sketches, flow diagrams, or blueprints of the proposed operation;

(5) lists and descriptions of equipment needed, and purchase price or design and construction costs for each;

(6) descriptions of time and labor needed to construct, install, and operate the project;

(7) schedules for construction, operation, study, and testing of the project;

(8) a detailed description of how the applicant intends to study and test the project, with special attention to sampling techniques and equipment, and the means to determine the project's success; and

(9) a description of the reports and final written products that will be supplied to the department at project completion.

(d) A cover sheet or processing form available from the department, must be submitted with each application. Application forms are also available from the department, but their use is optional.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.040 Review of applications

(a) The committee will apply a uniform rating system to evaluate applications. The ratings will be used to assign priorities to, and make recommendations for, denial or approval of proposed projects. Ratings will be kept by the department and will be available for public inspection. Factors in rating applications, shown in order of decreasing priority, include

(1) technical merit of proposed concepts; this includes the project's potential to clean up Alaskan waters, the potential for economic benefits of the proposed methods, and the potential for other environmental benefits;

(2) practicality of proposed methods, including their cost-effectiveness and adaptability to other locations or operations;

(3) ability to carry out the project; this evaluates cost estimates, time schedule, work force, and organization of proposal and project, and whether the applicant shows good understanding of the problem;

(4) proposed sampling plans, measurement methods and equipment, or study and testing plan;

(5) the degree to which results and information can be produced in writing at the end of the project;

(6) education, other formal training, or experience related to placer mining or to pollution control; the credentials of consultants proposed to be involved in the project will also be evaluated; and

(7) other factors deemed relevant by the committee or the commissioner.

(b) The committee will, in its discretion, ask an applicant to submit additional information to explain details of a proposed project.

(1) that a complete application be approved or denied; and

(2) the terms and conditions of a grant offer.

(d) In its discretion, the committee will recommend that the commissioner offer

(1) less grant money than requested if the scope of the proposal can be reduced based upon similar studies in progress, possible improvements in project efficiency, or any other pertinent factors; or

(2) more grant money than requested if use of consultants" services would significantly improve a proposed project and the total grant amount would not exceed $100,000.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.050 Processing of applications

(a) Availability of grant money will be announced in legal and display advertisements in Alaska newspapers of general circulation selected by the department. A mailing list will be kept of all persons who ask to be on a mailing list. Persons on that list will be given reasonable notice of grant availability.

(b) A person applying for a grant, or a previous applicant who wishes to update or revise an application already on file, shall submit the information required under 18 AAC 71.030 and 18 AAC 71.070 by February 15, 1985 to the water quality management section, Alaska Department of Environmental Conservation, 3220 Hospital Drive, P.O. Box O, Juneau, Alaska 99811, Attn: Mining Grants Program.

(c) Within seven working days after receipt of an application, the department will review it for completeness and will mail the applicant a certified letter stating that the application is sufficient for review or that more information is needed.

(d) Upon finding that an application is sufficient for review, the department will send copies of it to the committee for its review and recommendations.

(e) Within 30 days after closure of the application period, the committee will evaluate all applications that it finds complete and make a recommendation to the commissioner.

(f) If, upon its initial review of an application, the committee finds it incomplete, the committee may request more information from the applicant. Within 20 days after timely receipt of all requested additional information, and no later than 60 days after the application period ends, the committee will evaluate those applications for which more information was requested and received.

(g) Within seven working days after receipt and review of the committee's recommendation, the commissioner will approve or deny the application. If the application is approved, the commissioner will notify the applicant of the terms and conditions, including a schedule for payment, and will make an offer of the grant. If the application is denied, the commissioner will notify the applicant, stating reasons for denial.

(h) In his or her discretion, the commissioner will withdraw any grant offer that is not accepted by the applicant within 30 days.

(i) If a grantee fails to accept a grant offer, the commissioner will, in his or her discretion, award grant money to another eligible applicant after considering the ratings applied by the committee.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.060 Terms and conditions

(a) Proposed project changes must be approved in advance by the department. The commissioner will not approve changes to project design that will significantly alter project aims. Approved changes that result in a reduction in total project costs to a level below that of the original grant award will also result in a reduction in grant money paid to the grantee.

(b) In its discretion, the department will withdraw an accepted grant if construction and testing have not advanced according to the schedule and conditions in the grant offer.

(c) Grantees shall maintain, and make available at the department's request, records of costs and time spent on construction and operation of approved projects. Upon project completion, and before final payment of grant funds, these records must be submitted to the department for audit.

(d) In its discretion, the department will require that photographs or as-built engineering drawings be prepared and submitted with requests for payment. Costs of photographs or drawings are grant eligible.

(e) In their discretion, department staff and committee members will visit project sites. Visits will be scheduled for reasonable times and, if possible, advance notice will be given to the grantee.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.070 Proprietary information

When necessary to protect proprietary information, actual value of minerals recovered and similar information may be expressed in relative terms such as percentages. Each application must clearly state how (in what units, for example) proprietary information will be expressed in written reports and information required to be made public.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.080 Grant payments

(a) Upon approval of initial project plans and reports, and a showing that all applicable permits and approvals have been received or applied for, the department will pay out 45 percent of the total grant amount to the grantee.

(b) Upon completion of 50 percent of the project, as defined in the grant terms and conditions, up to another 35 percent of the total grant award will be paid out.

(c) Upon department certification that the grantee has completed the project and filed all required reports and records, the department will pay out up to an additional 15 percent of the total grant amount.

(d) Upon review and acceptance of the audit report, the department will pay out any remaining grant money due the grantee.

(e) Under no circumstances will the final grant total exceed the initial grant award or the final audited project cost.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.090 Remedies

If a grantee fails to comply with any provision of AS 46.16.010 - 46.16.100, this chapter, or the grant agreement, the department will, in its discretion, withhold payments and recover previous payments by any legal means. Success of a project in demonstrating innovative methods of gold recovery, water pollution control, water use reduction, or waste disposal is not a factor in grant payment if the grantee has shown good faith in carrying out the project.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

18 AAC 71.900 Definitions

In this chapter

(1) "commissioner" means the commissioner of environmental conservation for grants related to innovative pollution control and waste disposal methods, and the commissioner of natural resources for grants related to methods of gold recovery and water use reduction;

(2) "committee" means the mining water use review committee created by AS 46.16.010;

(3) "department" means the Department of Environmental Conservation for grants related to innovative pollution control and waste disposal methods, and the Department of Natural Resources for grants related to methods of gold recovery and water use reduction;

(4) "pollution control" means treatment methods or changes in mining processes used to eliminate or reduce turbidity, settleable or suspended solids, arsenic, heavy metals, pH problems, or any other potentially adverse physical or chemical entities in water; and

(5) "waste disposal" means disposal of solid wastes or associated materials resulting from placer mining activities, including overburden, tailings, and solid residues remaining in settling or flocculation ponds.

History

Authority: AS 27.05.010; AS 46.03.020(10)AS 46.16.060
Eff. 2/3/85, Register 93

Chapter 72 Wastewater Treatment and Disposal

Article 1 General Standards, Requirements, and Limitations

18 AAC 72.005 Purpose and applicability

(a) The purpose of this chapter is to protect human health, the environment, and water quality by establishing

(1) standards for the design, construction, performance, operation, and maintenance of wastewater collection, storage, treatment, and disposal systems; and

(2) minimum separation distance requirements and construction standards for private water systems.

(b) The requirements of this chapter apply to any person that

(1) owns or operates a wastewater collection, storage, treatment, or disposal system operated in the state; or

(2) engages in the design, installation, construction, or modification of wastewater collection, storage, treatment, or disposal systems or private water systems.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.007 Technical review committee

The department may consult with a technical review committee, which may include governmental agencies, non-governmental organizations, industry professionals, and communities, regarding pilot projects, revisions to technical specifications and construction standards, or innovative application of wastewater treatment technology. The purpose of the technical review committee is to obtain recommendations and expertise on the installation, use, and management of wastewater systems.

History

Authority: AS 44.46.020; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.010 Permit and plan approval required

(a) Except for systems exempted from plan review under 18 AAC 72.511 or 18 AAC 72.611, a person who disposes of wastewater in this state must have a plan approved by the department and a permit issued by the department if the department requires a permit under 18 AAC 83 for the disposal.

(b) The department may issue a plan approval in lieu of a permit under this chapter if the department determines that

(1) the system meets the requirements of AS 46.03 and this chapter; and

(2) the system is protective of public health, public and private water systems, and the environment.

(c) The department may consider a permit issued under 18 AAC 83 or 18 AAC 15 as the plan approval required under 18 AAC 72.200 to modify a previously approved wastewater treatment works and disposal system or to serve as the approval to operate required under 18 AAC 72.240.

(d) The applicant for or recipient of a permit shall pay any fee for the permit as required under 18 AAC 72.956, 18 AAC 72.957, or 18 AAC 72.959.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 44.46.025; AS 46.03.050; AS 46.03.120
Eff. 4/1/99, Register 149; am 7/29/2006, Register 179; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.015 Restrictions on use and modification

(a) A person may not install, modify, or use a cesspool for wastewater treatment or disposal.

(b) A person may not install, modify, or repair a wastewater collection or disposal system utilizing wood components in contact with wastewater.

History

Authority: AS 44.46.020; AS 46.03.050 AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.020 Separation distances

Repealed.

History

Eff. 4/1/99, Register 149; am 3/25/2001, Register 157; am 5/12/2016, Register 218; repealed 10/1/2023, Register 247

18 AAC 72.025 Holding tanks

Repealed.

History

Eff. 4/1/99, Register 149; repealed 10/1/2023, Register 247

18 AAC 72.030 Pit privies

(a) A person may install and use a pit privy without the approval of the department if the pit privy

(1) is at least 100 feet, measured horizontally nearest edge to nearest edge, from

(A) the mean annual high water level of a lake, river, stream, spring, or slough; or

(B) the mean higher high water level of tidally influenced coastal waters;

(2) meets the minimum separation distance requirements in 18 AAC 72.100 for private water systems;

(3) meets the minimum separation distance requirements in 18 AAC 80 for a public water system;

(4) is located in an area not prone to flooding or in wetlands

(5) is constructed such that the minimum vertical separation distance between the lowest portion of the pit privy to the annual high water table is four feet; and

(6) is protected from precipitation and animal or insect contact by a protective shelter over the privy.

(b) Only human urine and excrement that is not waterborne may be disposed of in a privy.

(c) A pit privy must be decommissioned when solids are within two feet of the ground surface or if the pit privy is permanently inactive or abandoned. The pit privy must be decommissioned by removing the structure described in (a)(6) of this section, spreading powdered lime evenly in the hole, and then backfilling with sand or silt soils, compacted, and slightly mounded above the surrounding ground surface.

History

Authority: AS 44.46.020; AS 46.03.050 AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.035 Conventional onsite systems

Repealed.

History

Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; repealed 10/1/2023, Register 247

18 AAC 72.040 Discharge to sewers

Repealed.

History

Eff. 4/1/99, Register 149; repealed 10/1/2023, Register 247

18 AAC 72.050 Minimum treatment

(a) The department may authorize a person to discharge domestic wastewater into or onto water or land, if the discharge

(1) to surface land has received secondary treatment and, if the discharge is a potential health hazard, has been disinfected;

(2) to subsurface land has received primary treatment and is discharged to a soil absorption system; the department will require additional treatment if the discharge is a potential health hazard;

(3) to surface waters has received secondary treatment and has been disinfected.

(b) A person may not discharge domestic wastewater with less than primary treatment.

(c) The department may allow or require treatment different from the minimum set out in this section as necessary to protect public health, public and private water systems, or the environment. In deciding to evaluate alternative minimum treatment requirements under this section or a waiver of minimum treatment under 18 AAC 72.060, the department will consider other permit or plan approval requirements, and the receiving environment.

(d) The department will require treatment of nondomestic wastewater appropriate for the type of wastewater and the proposed disposal method as necessary to protect public health, public and private water systems, and the environment. In deciding an appropriate level of treatment under this section, the department will consider the type of wastewater, the proposed disposal method, the sensitivity of the receiving environment, and any other permit requirements or plan approval conditions.

History

Authority: AS 44.46.020; AS 46.03.050 AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 7/29/2006, Register 179; am 10/1/2023, Register 247

18 AAC 72.055 Septage, sewage, and sludge disposal

A person may dispose of septage, sewage, or sludge from a collection system, septic tank, holding tank, pit privy, vault privy, honey bucket, or wastewater treatment works only at a site or facility holding an applicable department permit or approval for disposal of that material. The department will require the septage, sewage, or sludge be treated before disposal if necessary to protect public health or the environment.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.710 AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.060 Waiver

(a) If the department agrees that a waiver of a provision of 18 AAC 72.010 - 18 AAC 72.660 will not violate a requirement of 18 AAC 83 and will be protective of public health, public and private water systems, and the environment, the department may waive or modify that provision.

(b) A request for a waiver must include the fee required under 18 AAC 72.955 or 18 AAC 72.959 and a report specifying each waiver that is sought. Except as otherwise provided in 18 AAC 72.540, the report required under this subsection must

(1) be sealed by a registered engineer;

(2) justify and explain how the waiver does not threaten public health, public and private water systems, and the environment;

(3) describe soil classifications, groundwater conditions, surface topography, geology, and other environmental conditions that would assist the department in reviewing the waiver;

(4) describe the construction methods and materials that will mitigate adverse impacts on public and private water systems, surface waters, and the environment; and

(5) for waivers of minimum treatment requirements, describe

(A) the wastewater volume, characteristics, frequency, and duration of the discharge; and

(B) existing and potential uses of the land or water where the discharge occurs.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 44.46.025; AS 46.03.050; AS 46.03.710
Eff. 4/1/99, Register 149; am 1/17/2002, Register 161; am 7/29/2006, Register 179; am 10/1/2023, Register 247

18 AAC 72.065 Certified operator requirement

The owner or operator of a wastewater system that has 100 or more service connections or that is used, or intended for use, by 500 or more people a day shall ensure that the system is operated by a person certified as required under 18 AAC 74.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.710 AS 46.03.020; AS 46.03.100; AS 46.30.040
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.070 Reference materials

(a) The department will use the requirements and adopted references of the state plumbing code, as developed under AS 18.60.705, in evaluating wastewater systems and associated components not otherwise addressed in this chapter.

(b) The department will use design manuals and technical publications issued by the United States Environmental Protection Agency and other states to review and evaluate plans submitted for approval as protective of public health, public and private water systems, and the environment.

(c) The department will use standard sanitary engineering principles, industry-accepted construction standards, and a technical review committee under 18 AAC 72.007 to develop department guidance manuals for the construction, operation, maintenance, and inspection of private water systems and wastewater collection, storage, treatment, and disposal systems. The department will publicly identify technical guidance manuals as approved best management practices that an applicant may consider as guidance in lieu of engineered plans submitted for prior department approval. However, nothing in this subsection ensures that the department will grant a permit, authorization, or plan approval under AS 46.03.100 for use of an approved best management practice or for use of a best management practice that is superseded by a new or updated practice.

History

Authority: AS 44.46.020; AS 46.03.050 AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 3/25/2001, Register 157; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.080 Validity of approvals

(a) A final approval to operate issued under this chapter is valid indefinitely unless otherwise stated in the approval letter or as provided in (b) or (c) of this section.

(b) A plan approval is invalidated if the wastewater system is

(1) modified without prior approval of the department or authorization with a permit modification; or

(2) operated in a manner inconsistent with the approval conditions, design, or record documents.

(c) A plan approval or registration is valid only for the system components, configuration, construction standards, and locations approved by the department and on file with the department.

(d) An invalidated approval or registration may be reinstated upon request in accordance with 18 AAC 72.290, 18 AAC 72.560, or 18 AAC 72.660.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.020; AS 46.03.100
Eff. 10/1/2023, Register 247

18 AAC 72.090 System failures and spills

(a) A wastewater system is considered to be in failure if it

(1) ceases to function as originally designed;

(2) ceases to function as approved by the department; or

(3) results in a discharge that does not meet the requirements of 18 AAC 72.050.

(b) Unless surfacing of wastewater is specifically annotated on the design and approved by the department, wastewater disposed to subsurface land must stay below the subsurface.

(c) Unless wastewater disposed to surface land outside the property boundary is specifically annotated on the design and approved by the department, wastewater disposed to surface land must remain within the property boundary. Wastewater observed creating a nuisance on adjacent properties is considered a failure of the system.

(d) The owner of a wastewater system in failure must

(1) make repairs as soon as practicable to the failing system to prevent a discharge to surface waters, surface land, or subsurface land that does not meet the approved conditions or minimum treatment requirements in 18 AAC 72.050;

(2) contain and clean up all spilled wastewater released and dispose of the spilled wastewater at an approved wastewater facility; and

(3) clearly mark and prevent access to the area until cleanup procedures are complete.

History

Authority: AS 44.46.020; AS 46.03.100; AS 46.03.800 AS 46.03.020; AS 46.03.120; AS 46.03.810 AS 46.03.050; AS 46.03.710
Eff. 10/1/2023, Register 247

18 AAC 72.100 Private water systems

(a) Unless the department has approved a lesser minimum separation distance, a person who installs, modifies, or operates a source of drinking water associated with a private water system must meet the following minimum separation distances to a potential source of contamination:

(1) at least 100 horizontal feet, measured nearest edge to nearest edge, to a wastewater treatment works, sewer line, sewer line cleanout, manhole, lift station, septic tank, wastewater holding tank, soil absorption system, disposal system, disposal sewer, pit privy, sanitary landfill, or other potential source of contamination such as animal byproducts, manure or waste, agricultural waste, sewage solids disposal sites, or biosolids storage areas;

(2) at least 25 horizontal feet, measured nearest edge to nearest edge, to a private sewer line, sewer service line, or sump contained within a building;

(3) at least 25 horizontal feet, measured nearest edge to nearest edge, to a land surface discharge or subsurface disposal area associated with drinking water treatment waste; in this paragraph, "drinking water treatment waste" includes reject water from reverse osmosis units and backwash water from filters and water softeners; and

(4) at least 25 horizontal feet, measured nearest edge to nearest edge, to a fuel storage tank or line; the minimum separation distance to a fuel storage tank or line does not apply to

(A) a tank or line that contains propane or natural gas; or

(B) an above-ground storage tank or drum that, in the aggregate, has a storage capacity equal to or less than 500 gallons of petroleum products.

(b) Unless the department has approved a lesser separation distance, a person who installs, modifies, or operates a water holding tank associated with a private water system or a private water line must meet the following minimum separation distances to potential sources of contamination:

(1) at least 10 horizontal feet, measured nearest edge to nearest edge, to a fuel storage tank or line; the minimum separation distance for a fuel storage tank or line does not apply to

(A) a tank or line that contains propane or natural gas; or

(B) an above-ground storage tank or drum that, in the aggregate, has a storage capacity of equal to or less than 500 gallons of petroleum products;

(2) at least five horizontal feet, measured nearest edge to nearest edge, to a septic tank, treatment tank, holding tank, lift station, community sewer line, land surface discharge, or subsurface disposal area;

(3) at least 12 horizontal inches, measured nearest edge to nearest edge, to a private sewer line;

(4) at locations where a private water line must cross a private or community sewer line,

(A) at least 12 vertical inches, measured nearest edge to nearest edge, with the private or community sewer line located below the private water line; and

(B) at least nine feet, measured nearest edge to nearest edge, from the private water line joints to the private or community sewer line joints.

(c) A person who drills, installs, modifies, or operates a well serving a private water system must use a method equivalent to well protection or source water protection contained in 18 AAC 80 or the publicly identified approved best management practice as protective of a public water systems.

(d) A person who owns or is responsible for a well shall maintain it in accordance with 18 AAC 80.015(d) or decommission it in accordance with 18 AAC 80.015(e).

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.365 AS 46.03.020; AS 46.03.100; AS 46.03.710
Eff. 10/1/2023, Register 247

18 AAC 72.110 Delegation of authority

(a) Except as provided in (i) of this section, the department may delegate all or partial authority to implement 18 AAC 72.005 - 18 AAC 72.660 to a municipality, city, borough, or other local government organization, upon approval of an application for delegation.

(b) An entity described in (a) of this section must submit an application for delegation to the director. The application must include the following information:

(1) a copy of the entity's ordinances governing the subject matter of the proposed delegation;

(2) a description of pertinent enforcement processes available to the entity, administratively and through initiation of court action, to ensure compliance with AS 46.03, this chapter, and the entity's ordinances;

(3) a description of the entity's administrative organization, staff, funding levels, and other resources that are available to administer and enforce the entity's requirements; and

(4) other information that the director considers necessary to the department's decision whether to delegate the department's authority.

(c) Not later than 90 days after receipt of a complete application for delegation, the department may delegate the authority to implement 18 AAC 72.005 - 18 AAC 72.660, or a portion of those provisions, to an entity described in (a) of this section if the department finds, after review of information submitted under (b) of this section and with respect to the subject matter of the proposed delegation, that

(1) the entity's ordinances are at least as stringent as the requirements of AS 46.03 and this chapter;

(2) the entity has sufficient resources and enforcement authorities to ensure uniform compliance with the requirements of AS 46.03 and this chapter; and

(3) the state is adequately protected from liability.

(d) A delegation the department has approved under (c) of this section is effective upon the execution by both the director and the individual with administrative management authority for an entity described in (a) of this section. In the delegation, the department will include at a minimum terms and conditions that set out the following:

(1) the right of the department to periodically audit the entity to ensure compliance with the terms and conditions of the delegation;

(2) the right of the department and the entity to review and comment on proposed changes to regulations or ordinances addressing the subject matter of the delegation;

(3) the right of the department to require an annual report from the entity summarizing the wastewater systems the entity approved or inspected;

(4) the requirement that the entity enforce the ordinances; and

(5) the right of the department to terminate the delegation if the department determines that the delegation

(A) creates a threat to public health, public and private water systems, or the environment; or

(B) is not in the public interest.

(e) If the department determines, based on an audit conducted under (d) of this section or other information, that the entity is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, the department will

(1) notify the entity in writing of

(A) the areas in which the department has determined that the entity is failing to comply; and

(B) the reasons for the department's determination; and

(2) allow the entity 30 days after receiving the notification under (l) of the subsection to

(A) explain why the entity disagrees with the department's determination; or

(B) outline the steps that the entity is taking or proposes to take to correct the areas of noncompliance.

(f) After reviewing the information received under (e) of this section, the department may

(1) revoke the delegation, if the department finds that the entity is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, and that the entity is not likely to come into compliance;

(2) periodically review the actions of the entity until compliance is achieved, if the department finds that the entity is not in compliance with the terms and conditions of the delegation, with AS 46.03, or with this chapter, but that the entity is taking sufficient steps to come into compliance; or

(3) modify the delegation as necessary to protect public health, public and private water systems, and the environment.

(g) If the department modifies or revokes a delegation under this section, the department will send a notice to the entity stating that, based on the department's written findings,

(1) the delegation will be revoked or modified effective immediately, unless the notice gives a specific date on which the revocation or modification becomes effective; and

(2) the entity may not continue to enforce its authority after the effective date of the revocation or modification.

(h) An entity may not further delegate a delegation under this section.

(i) A delegation under this section does not include the issuance of permits under 18 AAC 72.010 or 18 AAC 83. An entity with a delegation under this section is not required to charge a fee listed under 18 AAC 72.955.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050
Eff. 10/1/2023, Register 247

Article 2 Domestic Wastewater System Plan Review

18 AAC 72.200 Application for department approval

(a) Except as otherwise provided in 18 AAC 72.010(c), 18 AAC 72.201, 18 AAC 72.511, or 18 AAC 72.611, in order to construct, install, modify, or operate a wastewater collection, treatment, storage, or disposal system, a person must obtain prior written approval. A person seeking approval shall provide to the department a complete application that contains the information required in this chapter.

(b) The department will base its approval of wastewater system plans on the provisions of AS 46.03 and this chapter.

(c) For applications seeking wastewater plan approval for a method of wastewater treatment or disposal that is not addressed in this chapter, the department will evaluate the applications on a case-by-case basis. In its evaluation, the department will consider the plan review provisions, conditions, recommendations from a technical review committee assembled under 18 AAC 72.007, and other applicable criteria set out in AS 46.03 and this chapter.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.110 AS 46.03.020; AS 46.03.100
Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.201 Exceptions to prior written approval of engineering plans

(a) Prior written approval of plans is not required for routine maintenance.

(b) Prior written approval of plans is not required for repairs to address an emergency. The owner or operator shall notify the department as required under 18 AAC 72.940.

(c) The department may evaluate a request to replace a component of a wastewater collection, storage, treatment, or disposal system with an equivalent component on a case-by-case basis.

(d) Prior written approval of plans is not required for a sewer service line installation or modification that does not affect the design capacity or result in the overloading of the wastewater collection, treatment, or disposal system. The service line connection may not result in the discharge of wastewater to a system that was not designed to accept the volume or type of waste as approved or permitted by the department. To qualify for this exception, the collection, treatment, and disposal system to which the service line is connected must be owned by a local government organization, or a private or public utility. If the service line is integral to the design and operation of a collection system, this exception does not apply.

(e) Prior written approval of plans for installation or modification of a sewer main is not required for an existing wastewater utility with a certified operator if the utility has been issued an exception under this subsection as follows:

(1) to request an exception to prior written plan approval to construct, install, renovate, or improve a collection system, a wastewater utility must

(A) submit a written application for the exception to the department;

(B) maintain current standards of construction on file with and approved by the department;

(C) certify that the design and construction of any sewer main installed under the exception will be completed in conformance with the standards of construction described in (B) of this paragraph;

(D) certify that the utility will employ and maintain staff qualified to plan, design, construct, operate, and inspect the sewer mains installed under the exception; and

(E) maintain an updated list with the names and professional qualifications of the staff proposed to design and oversee installation of the sewer mains installed under this exception; the department will make the final determination on whether the staff are sufficiently qualified;

(2) if the department grants an exception under this subsection, the department will notify the wastewater utility in writing, specifying the scope and duration of the exception, any conditions for maintaining the exception, and the date on or before which any application for renewal must be submitted to the department;

(3) not later than December 31 of each year, the wastewater utility must submit to the department an updated utility map or set of engineering plans that highlights projects completed under the exception;

(4) the department may conduct periodic audits of the wastewater utility's oversight of projects that began under the authority of this subsection;

(5) the department may deny or revoke the exception granted under this subsection if the department determines that the utility does not qualify for the exception, that the utility is not in compliance with the terms of this subsection, or that the exception creates a risk to public health.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 10/1/2023, Register 247

18 AAC 72.205 General submittal requirements

(a) For a submittal requesting approval under 18 AAC 72.200 to be considered complete, an applicant must include

(1) the plan review fee required by 18 AAC 72.955 unless the fee is calculated under 18 AAC 72.959;

(2) a fully completed plan intake form on the form provided by the department;

(3) a completed owner's statement on the form provided by the department;

(4) a cover letter, engineer's report, and calculations, sealed by a registered engineer, that adequately represent and demonstrate that the design

(A) meets the applicable approval criteria in this chapter;

(B) meets the minimum treatment requirements of this chapter; and

(5) engineering plans that clearly and legibly depict the design and are

(A) 11-inch by 17-inch half-size drawings; or

(B) 8.5-inch by 11-inch drawings;

(6) a statement identifying new discharge permits required or existing permits that remain valid; the statement must assert that a discharge, if any, meets effluent limitations in a permit authorizing that discharge issued under this chapter, 18 AAC 83, or a permit issued under 33 U.S.C. 1342 (Clean Water Act, sec. 402);

(7) a description of measures to protect nearby surface water from siltation or other contamination resulting from construction of the project; adequate measures include compliance with the conditions in a permit issued by the department under 18 AAC 83 or a permit certified by the department under 18 AAC 15.130 - 18 AAC 15.180 for construction-related discharges;

(8) a description of the provisions to maintain operation of existing services and treatment processes affected by the project during construction;

(9) if a wastewater system serves multiple lots or facilities owned by different individuals or entities, documentation showing

(A) the existence or formation of a local government organization, a homeowner's association, a private utility, a commercial entity, or other entity, the purpose of which is to operate and maintain the system; or

(B) a certificate of public convenience and necessity issued by the Regulatory Commission of Alaska under AS 42.05.221 if a public utility within the meaning given in AS 42.05.990 operates the system;

(10) for a wastewater system that has 100 or more service connections, or if the system is used or intended for use by 500 or more individuals per day, documentation showing that the operator is or will be certified as required by 18 AAC 74 before operation of the system; and

(11) if a wastewater discharge is proposed to an existing collection or disposal system, documentation showing that

(A) the receiving system has sufficient capacity to accommodate flows expected from the proposed discharge; and

(B) if owned by a separate entity, the owner of the receiving system has approved the discharge.

(b) The submittal must also include any additional items as required by this chapter that are applicable to the project.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 44.46.025; AS 46.03.100; AS 46.30.040 AS 46.03.020; AS 46.03.110
Eff. 4/1/99, Register 149; am 1/17/2002, Register 161; am 7/29/2006, Register 179; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.210 Domestic wastewater fees

Repealed.

History

Eff. 4/1/99, Register 149; repealed 1/17/2002, Register 161

18 AAC 72.215 Permit required

Repealed.

History

Eff. 4/1/99, Register 149; am 1/17/2002, Register 161; am 7/29/2006, Register 179; repealed 10/1/2023, Register 247

18 AAC 72.220 Plan review

(a) In reviewing an application to construct, modify, or operate a wastewater system, the department will determine whether the system design

(1) meets the applicable approval criteria in this chapter; and

(2) conforms to standard sanitary engineering principles and practices or state-of-the-art technology, and whether the design adequately protects public health, public and private water systems, and the environment.

(b) The department will require the applicant to provide additional justification for a design if the department determines the design does not adequately protect public health, public and private water systems, or the environment.

(c) As necessary to protect public health, public and private water systems, and the environment, the department will require that designs for sewers, wastewater treatment works, and wastewater disposal systems have a history of meeting or exceeding the treatment or permit requirements of this chapter in comparable environmental conditions.

(d) Lacking information on past performance of a system design, the department will place conditions of construction or operation of the system or require monitoring of the system as necessary to protect public health, public and private water systems, and the environment.

(e) The department may provide advisory notes to the applicant as technical assistance for items beyond the requirements of this chapter.

(f) Not later than 30 days after receiving a submittal, the department will provide a request for additional information to satisfy the submittal requirements or to adequately evaluate whether a system design is in conformance with this chapter. If the applicant fails to provide additional information not later than 45 days after the request, the department may issue a notice that the application will be closed as incomplete, and that a new application, including the appropriate plan review fee, must be submitted for department review.

History

Authority: AS 44.46.020; AS 46.03.010; AS 46.03.050 AS 44.46.025; AS 46.03.020
Eff. 4/1/99, Register 149; am 1/17/2002, Register 161; am 10/1/2023, Register 247

18 AAC 72.225 Approval to construct

(a) The department will issue its approval or denial to construct a wastewater system not later than 30 days after the department receives all plans and information required by this chapter, including any additional information requested by the department. Failure of the department to issue an approval or denial during the 30-day period does not constitute automatic approval of the plans.

(b) As necessary to protect public health, public and private water systems, and the environment, the department will include terms and conditions for construction in its approval.

(c) If the applicant fails to complete construction, installation, or modification of the wastewater system within two years after the date that the department issues an approval to construct under this chapter, the approval is void and the applicant must resubmit plans for department review and approval.

(d) The department may grant an extension of the two-year construction period in (c) of this section upon the request of the applicant and the receipt of information that verifies the

(1) system design has not changed and conforms to regulations currently in effect;

(2) system design conforms to current standard sanitary engineering principles and practices;

(3) relevant site conditions have not changed; and

(4) proposed timeline for completion of the project.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.120
Eff. 4/1/99, Register 149; am 4/8/2012, Register 202; am 10/1/2023, Register 247

18 AAC 72.230 Revisions to approved plans

(a) After plans for a system design are approved under 18 AAC 72.225, the system owner, system operator, or design engineer must obtain written department approval before making any revision to that design that modifies or affects

(1) capacity, flow, or operation;

(2) the type or characteristics of the wastewater treated;

(3) the design of major system components, such as treatment systems;

(4) the point of discharge;

(5) materials of major system components, including pipe and stabilization pond liners; or

(6) applicable separation distance requirements in this chapter.

(b) A revision proposed for approval under (a) of this section must

(1) be clearly depicted with respect to the original plans;

(2) meet the applicable requirements of AS 46.03 and this chapter; and

(3) be signed and sealed by a registered engineer.

(c) As necessary to protect public health, public and private water systems, and the environment, the department will require remedial action to bring a revision into compliance with this chapter before issuing final approval to operate under 18 AAC 72.240.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.235 Construction certification

Repealed.

History

Eff. 4/1/99, Register 149; repealed 10/1/2023, Register 247

18 AAC 72.240 Construction certification and approval to operate

(a) The owner and engineer responsible for observing construction shall ensure that the system is constructed according to design plans approved by the department, or according to record drawings showing that the system was constructed as required by AS 46.03 and this chapter.

(b) For a wastewater collection, treatment, storage, or disposal system, and the designated phases of the system, that received approval to construct under 18 AAC 72.225 and, if applicable, approval for revisions to approved plans under 18 AAC 72.230,

(1) an approval to operate the system for a 90-day interim period will accompany the approval to construct the system; the 90-day interim period starts when the project or designated phase of the system is considered complete or is first put into service, whichever comes first;

(2) operation of the system, completed portions of the system, or a designated phase of the system, beyond the 90-day interim period is prohibited unless

(A) the department grants an extension of the 90-day interim period; or

(B) the system, portion of the system, or a designated phase of that system has received final approval to operate from the department under this section; and

(3) the department will issue final approval to operate after receipt and review of the information required under (c) of this section if the information confirms that

(A) the system was constructed as originally approved; or

(B) the system, or a designated phase of that system, otherwise meets the requirements of AS 46.03 and this chapter.

(c) Not later than 60 days after completion of construction, installation, modification, or operation of the project, the owner or engineer of the project shall submit to the department information as required for the type of wastewater system with

(1) a certification that the project was constructed in compliance with (a) of this section on the "certification of construction" form available from the department and signed by

(A) the owner;

(B) each contractor who constructed the system; and

(2) record drawings prepared by the engineer responsible for observing construction of the project; if the observing engineer was

(A) the same as the design engineer, each sheet of the record drawings must

(i) clearly show any deviations from the original design;

(ii) be clearly labeled a record drawing with the signature and date of the engineer; and

(iii) bear the original signed seal of the engineer or bear a new signed and dated seal;

(B) different than the design engineer and

(i) if there were no deviations from the original design, each sheet of the record drawings must bear the original signed seal of the design engineer and clearly be labeled a record drawing with the date, printed name, registration number, and signature of the observing engineer; or

(ii) if there were deviations from the original design, each sheet of the record drawings must clearly show the deviations from the original design, be sealed by the observing engineer, and must clearly be labeled a record drawing.

(d) The department will require periodic groundwater monitoring or place other conditions to operate on the system if the department finds that there is a concern about public health, public and private water systems, or the environment.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.245 Treatment works

(a) A plan submitted for department approval under 18 AAC 72.200 for construction or modification of a wastewater treatment works must include

(1) the items required to be submitted under 18 AAC 72.205;

(2) plans, reports, and drawings sealed by a registered engineer;

(3) the design calculations or design criteria for the following parameters:

(A) design flows and wastewater loading rates;

(B) treatment capacities and expected effluent quality;

(D) material and equipment selection and specifications;

(E) siting with respect to potential for health hazards, nuisances, flooding, and effect on groundwater and surface waters;

(F) bedding, backfill and final grading;

(G) methods to control operational variables;

(H) methods and location of disposal of septage, sludges, grit, screenings, and other facility residuals;

(I) thermal protection considerations; and

(4) provisions demonstrating that facility bypasses are controlled and bypasses will not result in a discharge of wastewater that does not meet applicable minimum treatment requirements of this chapter.

(b) The separation distance from each part of the treatment works must

(1) meet the minimums set out in 18 AAC 80 for a public water system, unless the department has approved a lesser separation distance under that chapter;

(2) meet the minimums set out in 18 AAC 72.100 for a private water system, unless the department has approved a lesser separation distance under this chapter; and

(3) be a minimum of 100 feet from the mean annual high water level of a lake, river, stream, spring, or slough, or the mean higher high water level of tidally influenced coastal waters.

(1) items required under 18 AAC 72.240; and

(2) if requested, a copy of the operations and maintenance manual developed in accordance with manufacturer recommendations and specifically addressing the system as installed.

(d) If a discharge permit is not required, the department may require periodic testing and reports that demonstrate the system meets expected performance criteria.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 7/29/2006, Register 179; am 10/1/2023, Register 247

18 AAC 72.250 Utilidors

Repealed.

History

Eff. 4/1/99, Register 149; repealed 10/1/2023, Register 247

18 AAC 72.255 Stabilization ponds

(a) Plans for construction of a stabilization pond must include

(1) the items required to be submitted under 18 AAC 72.245;

(2) criteria for dike design, materials, construction, and safety;

(3) methods and the location for disposal of non-piped wastewater, including truck-hauled waste and honey bucket disposal;

(4) a soils analysis and report meeting the criteria of 18 AAC 72.265;

(5) for non percolating stabilization ponds, a coefficient of permeability of the pond liner that does not exceed an equivalent percolation rate of 500 gallons per day per acre at a water depth of six feet; and

(6) for percolating stabilization ponds,

(A) hydrologic data and groundwater modeling demonstrating compliance with any permit issued under this chapter; and

(B) information demonstrating that the use of the stabilization pond will not interfere with existing public and private drinking water sources.

(b) To obtain an approval to operate a stabilization pond, the applicant shall submit to the department items required under 18 AAC 72.240.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.260 Community and alternate soil absorption systems

Repealed.

History

Eff. 4/1/99, Register 149; repealed 10/1/2023, Register 247

18 AAC 72.263 Package plants

Repealed.

History

Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; repealed 10/1/2023, Register 247

18 AAC 72.265 Soils analysis and report

The soils analysis and report must meet the following criteria:

(1) the number of test holes, minimum test hole depth, and percolation tests must be sufficient to adequately evaluate subsurface characteristics of the area for the type of system proposed;

(2) soils in the usable wastewater disposal area must be shown by percolation test to have an acceptable percolation rate for the type of system proposed; percolation tests must be

(A) performed by a registered engineer, or a person under the responsible charge of a registered engineer;

(B) be performed in accordance with standard sanitary engineering principles and practices;

(D) confirmed to be accurate by a correlation of the observed soil texture in the test hole with the range of soil texture types associated with percolation rates in 18 AAC 72.530(f)(3);

(3) soil borings and soil analysis must show the location and elevation of seasonal high water table and impermeable strata in relation to the wastewater system;

(4) seasonal high water table must be determined by

(A) monitoring test holes or soil borings taken between June 1 and September 30;

(B) soil mottling analysis;

(D) the knowledge and experience of the engineer, based on past subsurface investigative work in the vicinity of the project; or

(E) a combination of these methods;

(5) the depth to seeps, if any, must be recorded; the department may require subsequent monitoring;

(6) in areas known or suspected to contain permafrost,

(A) a soil moisture content profile analysis derived from laboratory testing methods must show the soils are adequately drained throughout the usable wastewater disposal area; and

(B) the results of a geotechnical study must show that the area can successfully be used for the system proposed and will remain stable under the proposed design; and

(7) the report must be sealed by a registered engineer.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 5/12/2016, Register 218; am 10/1/2023, Register 247

18 AAC 72.270 Collection and pumping systems

(a) Plans for construction of a collection and pumping system must include

(1) the items required to be submitted under 18 AAC 72.205;

(2) plans and profiles for sewer mains and community sewer lines to include manholes and lift stations with invert elevations;

(3) design calculations, design criteria, and specifications for

(A) design flows, pipe size, and pipe materials;

(B) hydraulic grade line considerations associated with pressurized portions of a sewer line;

(D) pump station, collection station, or surge tank capacities;

(E) overflows, alarms, solids handling, provisions for servicing, and emergency operations;

(F) manhole or cleanout placement, and methods for cleaning the collection system;

(G) siting with respect to health hazards, nuisance potential, stream crossings, and flooding;

(H) bedding and backfill;

(I) thermal protection considerations; and

(J) provisions for steep slope and high velocity protection if applicable.

(b) A collection and pumping system design must include the following criteria:

(1) the mean conduit velocity, when flowing full, is not less than two feet per second for the collection system design;

(2) pipe sizes adequate for the maximum expected flow and designed so that the diameter of any receiving sewer line is equal to or greater than the diameter of the largest sewer line connecting to it;

(3) the alignment of a gravity sewer line between manholes shall be straight and at a uniform slope; a manhole must be installed at changes in pipe slope, size, alignment, and at intersections;

(4) the location meets the minimum separation distance requirements

(A) under 18 AAC 80 for public water systems unless the department has approved a lesser separation distance under that chapter;

(B) under 18 AAC 72.100 for private water systems unless the department has approved a lesser separation distance under this chapter; and

(C) of 100 feet between the mean annual high water level of a lake, river, stream, spring, or slough, or the mean higher high water level of tidally influenced coastal waters and a tank, lift station, or sewer manhole, measured horizontally from nearest edge to nearest edge;

(5) pump stations and collection stations, other than those designed for pumping from individual service connections or onsite septic tanks, must be equipped with at least two pumps, each of which can handle flows equal to or in excess of the design flow;

(6) pump stations must be equipped with an audible and visual high water alarm;

(7) the system does not receive stormwater or silty water from construction dewatering efforts, gutter runoff, or street runoff into a sewer designed to handle only domestic wastewater or nondomestic wastewater without stormwater;

(8) the system discharges to an approved wastewater treatment works with adequate capacity;

(9) the system does not collect oil, petroleum products, industrial solvents, or other substances

(A) into a sewer designed to handle only domestic wastewater or stormwater; or

(B) that will be received by a treatment works or disposal system that is not designed and approved to handle these substances; and

(10) if proposing to discharge to an existing collection system, documentation must be provided showing that

(A) the receiving system has sufficient capacity to accommodate flows expected from the proposed discharge;

(B) the receiving system is permitted or approved to accept the type of wastewater proposed; and

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 10/1/2023, Register 247

18 AAC 72.275 Disposal systems

(a) Plans for construction of a surface water outfall must include

(1) the items required to be submitted under 18 AAC 72.205;

(2) information describing how the provisions of 18 AAC 72.050 will be met;

(3) design calculations, design criteria, and specifications for

(A) design flows, waste loads, and expected effluent quality;

(B) pipe size and material;

(D) methods to control operational variables;

(E) bedding and backfill;

(F) anchoring systems; and

(G) thermal protection considerations;

(4) specifications for the materials, methods, and techniques used to install and secure the outfall line that will prevent structural damage to, or movement of, the outfall as a result of wave action within the surf zone, storms, beach logs, ice, settling, or current;

(5) if a mixing zone is requested, mixing and dilution calculations showing that the outfall line's length, grade, orifice size and number, depth, and distance out from lowest water level provide for effluent dispersion and dilution sufficient to meet any discharge permit requirements, standard sanitary engineering principles and practices, or to otherwise comply with AS 46.03 and this chapter;

(6) for a gravity sewer extending into the receiving waters, a manhole or clean-out at the shore end to allow access for maintenance;

(7) a provision to sample the effluent before the effluent mixes with the receiving waters; and

(8) the location of any nearby aquatic farms or commercial or subsistence shellfish harvest areas and information demonstrating the discharge is not a threat to these activities.

(b) Plans for the construction of a land surface disposal system must include

(1) the items required to be submitted under 18 AAC 72.205;

(2) information describing how the provisions of 18 AAC 72.050 will be met;

(3) design calculations, design criteria, and specifications for

(A) design flows and wastewater loading rates;

(B) treatment capacities and expected effluent quality;

(D) assimilative capacity of the soil and associated flora, and the ultimate impact on groundwater or surface water;

(E) material and equipment selection and specifications;

(F) methods to control operational variables; and

(G) thermal protection considerations;

(4) documentation that the owner of the facility discharging wastewater onto the land

(A) owns the land treatment area; or

(B) has written authorization from the landowner to discharge wastewater onto the land;

(5) provision to protect the land treatment area from public access;

(6) documentation demonstrating that the topography, hydrology, geology, and soil characteristics of the land treatment area are adequate to protect existing and potential water and land uses outside of the land treatment area, including subsistence, housing, education, industry, recreation, and agriculture; and

(7) an explanation of how the method of discharge prevents transmission of disease.

(c) The department will consider other means of final disposal on a case-by-case basis to determine whether they are protective of public health, public and private water systems, and the environment.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 4/1/99, Register 149; am 7/29/2006, Register 179; am 10/1/2023, Register 247

18 AAC 72.280 Delegation of domestic wastewater system plan review

Repealed.

History

Eff. 4/1/99, Register 149; am 1/17/2002, Register 161; repealed 10/1/2023, Register 247

18 AAC 72.290 After-the-fact approval of systems

For systems that were constructed, installed, or modified without written approval by the department as required under 18 AAC 72.200 or did not receive final approval to operate under 18 AAC 72.240, a person may request operational approval of a wastewater collection, treatment, storage, or disposal system by submitting to the department engineering plans and reports that evaluate, document, and demonstrate that the wastewater collection, treatment, storage, or disposal system was constructed, installed, or modified in accordance with this chapter and AS 46.03, and operates in accordance with this chapter and AS 46.03. With that submittal the person shall submit the plan review fee required under 18 AAC 72.955, unless the fee is calculated under 18 AAC 72.959.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 10/1/2023, Register 247

Eff. 6/30/90, Register 114; repealed 7/10/98, Register 147

18 AAC 72.365 Wastewater Treatment and Disposal

18 AAC 72.365. Reserved.

18 AAC 72.370 Wastewater Treatment and Disposal

18 AAC 72.370. Plat notes required. Repealed.

History

Eff. 6/30/90, Register 114; repealed 7/10/98, Register 147

18 AAC 72.375 Wastewater Treatment and Disposal

18 AAC 72.375. Pollution abatement report. Repealed.

History

Eff. 6/30/90, Register 114; repealed 7/10/98, Register 147

18 AAC 72.380 Wastewater Treatment and Disposal

18 AAC 72.380. Final plat review. Repealed.

History

Eff. 6/30/90, Register 114; repealed 7/10/98, Register 147

18 AAC 72.385 Wastewater Treatment and Disposal

18 AAC 72.385. Delegation of subdivision plan review. Repealed.

History

Eff. 6/30/90, Register 114; repealed 7/10/98, Register 147

Eff. 4/1/99, Register 149; am 12/23/2009, Register 192; am 10/22/2016, Register 220; repealed 10/1/2023, Register 247

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 44.46.025; AS 46.03.050
Eff. 10/1/2023, Register 247

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 44.46.025; AS 46.03.050
Eff. 10/1/2023, Register 247

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.110 AS 46.03.020; AS 46.03.100; AS 46.03.710
Eff. 4/1/99, Register 149; am 3/25/2001, Register 157; am 1/17/2002, Register 161; am 7/29/2006, Register 179; am 5/12/2016, Register 218; am 10/1/2023, Register 247; am 8/13/2025, Register 255

Chapter 73 Construction Grants

18 AAC 73.010 Construction grant project eligibility

(a) An Alaska municipality, or a combination of municipalities, may apply to the department, if money is available, for a grant for a public

(1) water quality enhancement project;

(2) water supply, treatment, or distribution system;

(3) wastewater collection, treatment, or discharge system; or

(4) solid waste processing, disposal, or resource recovery system.

(b) Grants administered under this chapter are available for new construction, including replacement, upgrade, expansion, and extension or service lines.

(1) the operation, maintenance, and repair of an existing system; or

(2) the construction of a storm sewer system, unless the system

(A) is part of an approved water quality enhancement project; or

(B) separates storm water run-off from a sanitary sewer system.

(d) A project to construct a public water supply system is eligible for a grant under this chapter only if the area to be served has either a sewage disposal system or a department-approved construction plan and schedule for a sewage disposal system. An approved sewage disposal system may include onsite disposal if the system conforms with standards established in 18 AAC 72.

(e) A project to construct sewage collection lines, trunk lines, interceptors, force mains, or pump stations is eligible for a grant under this chapter only if adequate sewage treatment facilities exist, or will exist, after the project is complete. For purposes of this subsection, an "adequate sewage treatment facility" is one that conforms, or is on an approved schedule to conform, with the standards established in 18 AAC 70 and 18 AAC 72 and that has sufficient capacity to treat the increase in flow that will result from the project for which a grant is sought.

(f) Grant-eligible costs may be incurred up to 120 days before the date of the state grant offer. Grant-eligible costs include construction, equipment, engineering, legal, and administrative expenses that are incurred as a direct result of the project, or that are otherwise directly attributable to the project, with the following conditions:

(1) if approved by the department, the costs of engineering design, construction management, inspections, and actual construction performed in-house are eligible for grant reimbursement; force account labor and equipment charge rates must be approved by the department before expenses are incurred against the grant; force account rates may include salaries except as provided in (g) of this section, benefits, and vacation and sick leave, and must be submitted in a format specified by the department;

(2) the capital costs of landfill operating equipment are eligible for grant reimbursement; the department will determine the eligibility of equipment costs, based on the size and type of equipment required to perform the work and the percentage of time the equipment is to be used for activities other than operation of the landfill;

(3) the cost of preparing project-specific facility plans and feasibility studies, planning reports, as-built drawings, and operation and maintenance manuals are eligible for grant reimbursement; and

(4) for a water quality enhancement project, the costs of preparing reports, testing, research, education, enforcement, and cleanup programs directed toward discovering or solving potential or existing water pollution problems are eligible; before a grant will be made for these expenditures, a grantee must have a department-approved program plan.

(g) Grant-ineligible costs include expenditures associated with acquisition of land and rights-of-way; purchase of privately-owned water, wastewater, and solid waste facilities; interest and financing; formation of local improvements districts; operation, maintenance, or system repair; preparation of grant applications; salaries of existing administrative staff working normally-scheduled hours; and vehicles used to collect and transport solid waste from its point of generation to a point of disposal. Notwithstanding the provisions of this subsection, the following costs are eligible for grant reimbursement:

(1) the cost of land when used for a solid waste landfill site or as an integral part of a treatment process;

(2) portable compaction units, if part of a solid waste transfer system, and the vehicles necessary to transport these units to a landfill or processing site;

(3) the cost of a one-time closure of a solid waste disposal site or conversion of a disposal site to a landfill that meets the standards in 18 AAC 60; eligible costs may include fencing, access roads, covering of waste, signs, scales, trenches, and monitoring wells, but not cover material in excess of the amount generated during construction of the facility; and

(4) water and sewer service connections, but only for those portions constructed on public property or within a utility easement reserved in the public domain.

History

Authority: AS 46.03.020(10)AS 46.03.090 AS 46.03.030; AS 46.03.720
Eff. 12/10/77, Register 64; am 6/11/81, Register 78; am 12/23/88, Register 108; am 11/24/94, Register 132

18 AAC 73.020 Terms and conditions of grant awards

(a) The grantee shall submit plans and specifications that define a proposed project under this chapter to the department for review and approval before the start of construction. A project will not be eligible for a grant under this chapter if the grantee issues a notice to proceed with construction to a contractor before obtaining departmental approval of construction-ready plans and specifications.

(b) The department will review plans and specifications based on generally accepted engineering design standards, including to those specified in 18 AAC 60, 18 AAC 72, and 18 AAC 80. The department will, in its discretion, waive the requirements to prepare project-specific facility plans and feasibility studies, planning reports, as-built drawings, and operations and maintenance manuals for less complex projects.

(c) The grantee shall obtain the services of a registered engineer to inspect work performed under contract and to supervise or direct work performed under force account procedures approved by the department under 18 AAC 73.010(f)(1).

(d) The plans and specifications for a construction project receiving grant assistance under this chapter must be prepared and signed by a registered engineer.

(e) The grantee shall submit copies of all change orders to the department for approval. Change orders need not be submitted before work begins. A change order is eligible for grant reimbursement only if approval is obtained before the department conducts the project field audit.

(f) Construction contracts for work that is estimated to exceed $50,000 in cost may be awarded only through a competitive bidding process with at least 30 days advertising before award, unless an alternate method is approved by the department. Construction contracts for less than $50,000 may be negotiated if the department approves the grantee's solicitation and negotiating procedures.

(g) The grantee shall submit to the department, for review and concurrence, a tabulation of all bids received, a complete copy of the lowest bid, a copy of the notice to proceed with construction, and a copy of the construction contract. The contract must be awarded to the lowest responsive, responsible bidder, unless the department waives this requirement. The department will withhold grant payments pending review of and concurrence with the bid tabulation, notice to proceed, and construction contract.

(h) Project sites, materials, and records are subject to inspection and audit by the department. The department will give adequate notice to the grantee and will schedule inspections at a reasonable time.

(i) A grantee shall maintain project accounts and records supporting the grant eligibility of project expenditures. These records must clearly separate eligible and ineligible project costs. The grantee shall maintain project accounts and records until the project field audit has been performed and the findings of and exceptions to the audit have been resolved.

(j) The grantee, by accepting grant assistance under this chapter, agrees to construct and operate a system or construct a project awarded a grant under this chapter in accordance with the approved plans and specifications. Failure to meet the requirements of this subsection may result in withdrawal of grant assistance.

(k) The department will, in its discretion, include other terms and conditions in a grant offer that it considers necessary to ensure compliance with this chapter.

(l) The grantee shall submit to the department for review and concurrence copies of all professional services contracts associated with the project. A professional services contract need not be submitted before work begins under that contract. A professional services contract is eligible for grant reimbursement only if concurrence is obtained before the department conducts the project field audit.

History

Authority: AS 46.03.020(10)AS 46.03.090 AS 46.03.030; AS 46.03.720
Eff. 12/10/77, Register 64; am 6/11/81, Register 78; am 11/24/94, Register 132

18 AAC 73.030 Application procedures

(a) A grantee shall submit a grant application package that consists of the following:

(1) a completed grant application request on a form provided by the department;

(2) a narrative statement of the general nature of the project that identifies project scope, location, and costs;

(3) a copy of any other state or federal grant application or notice of grant award to be used for financing the project;

(4) a copy of a contract between the grantee and the architectural and engineering consultant who will be performing work on the project if available; this contract may be submitted at a later date and is not required to receive a grant; and

(5) for a water quality enhancement project, a program plan that describes

(A) the project to be funded;

(B) why the project is needed;

(D) how the project will be accomplished;

(E) an estimate of project cost, with a projection of future costs caused by or related to the project; and

(F) the specific results expected from the project.

(b) Repealed 11/24/94.

(1) reviews and approves the grant application under the criteria established in this chapter;

(2) determines that the costs for which a grant is requested are reasonably necessary to complete the project; and

(3) determines that there is enough financing to complete the project.

(d) The grantee shall submit a resolution accepting the grant offer, adopted by the governing body of the municipality, or by the governing body of each municipality if the project is a joint venture of municipalities. In the resolution, the municipality must agree to accept responsibility to operate and maintain the proposed water, wastewater, or solid waste processing, disposal, or resource recovery system or to conduct the water quality enhancement project and must agree to the terms and conditions of the grant offer. No action by the department will be considered as creating a contractual obligation on the part of the state until the resolution has been submitted to the department.

(e) The department will, in its discretion, withdraw any grant offer that is not accepted within 180 days after the date the grant offer is extended.

(f) The department will, in its discretion, withdraw an accepted grant if construction has not been started within one year after the date the grant offer was extended.

History

Authority: AS 46.03.020(10)AS 46.03.030
Eff. 12/10/77, Register 64; am 6/11/81, Register 78; am 12/23/88, Register 108; am 11/24/94, Register 132

18 AAC 73.040 State grant share

(a) For the purpose of calculating grant share percentages under AS 46.03.030(e), the department will use population figures determined by the Department of Commerce, Community, and Economic Development, based on the most recent figures available from the United States Bureau of the Census or other reliable population data. If a grant application is made by a borough or unified municipality on behalf of a city, service district, or other entity within the borough or unified in municipality, the grant percentages will be based on the population of the borough or unified municipality.

(b) If the award of a grant under AS 46.03.030(e) would result in a grantee obtaining financing in excess of 100 percent of eligible costs, the state grant will be limited to the amount required to complete 100 percent financing of eligible project costs.

(1) local money;

(2) federal money; and

(3) state money other than money received under this chapter or AS 37.06.

History

Authority: AS 46.03.020(10)AS 46.03.030
Eff. 12/10/77, Register 64; am 6/11/81, Register 78; am 12/23/88, Register 108; am 11/24/94, Register 132

18 AAC 73.050 Grant payment procedures

(a) The department will make progress payments in conformity with the procedures established in this section. The grantee shall request payments on forms provided by the department and shall include supporting documentation as part of each payment request.

(b) A request for final payment of the grant must be accompanied by a final cost statement and certification by the grantee that the system is complete and operable or that the project is complete. Expenses incurred or reported after this certification will not be eligible for reimbursement under the grant. After reviewing a request for final payment, the department will process a payment equal to 90 percent of total eligible reported costs, less any progress payments made under (a) of this section. The department will withhold 10 percent of the grant payment pending an audit under (c) of this section. For good cause shown, the department will, in its discretion, waive the requirement to withhold the final 10 percent of a grant.

(c) Final payment of the grant will be based upon actual eligible project costs, as determined by audit and will be limited to those costs reported on the final payment request. The department will, in its discretion, waive the requirement for an audit under this subsection.

(d) Before final payment is made,

(1) the grantee shall submit to the department a copy of the as-built drawings of the completed project prepared by the grantee under 18 AAC 60, 18 AAC 72, or 18 AAC 80; and

(2) the department will, it its discretion, conduct a final project inspection to determine construction compliance with the as-built drawings submitted under (a) of this section.

History

Authority: AS 46.03.020(10)AS 46.03.090 AS 46.03.030; AS 46.03.720
Eff. 12/10/77, Register 64; am 6/11/81, Register 78; am 11/24/94, Register 132

18 AAC 73.060 Definitions

Unless the context indicates otherwise, in this chapter

(1) "as-built drawings" means the original plans and specifications prepared for construction or installation and approved by the department, corrected to reflect how a facility was actually constructed or installed;

(2) "change order" means a written order to the contractor authorizing

(A) an addition, deletion, or revision in the work within the scope of the contract documents; or

(B) an adjustment in contract price or time;

(3) "construction-ready" means plans and specifications that are signed and sealed by a registered engineer and are ready for bidding purposes;

(4) "department" means the Department of Environmental Conservation;

(5) "eligible project costs" means those project costs which conform to the requirements of AS 46.03.030(d) and this chapter;

(6) "final cost statement" means an itemized list of all eligible and ineligible project costs and a statement of total funding for the project;

(7) "force account" means work performed by the grantee with its employees;

(8) "grantee" means a municipality, or combination of municipalities, that has received a construction grant offer under this chapter;

(9) "registered engineer" means an engineer registered under AS 08.48.211;

(10) "sanitary sewer system" means pipelines or conduits, pumping stations, and force mains, and all other appurtenant construction, devices, and appliances used to convey human or industrial waste to a point of treatment and discharge;

(11) "start of construction" means the effective date set out in a notice to proceed with construction issued to a contractor;

(12) "storm sewer system" means pipelines or conduits, pumping stations, and force mains, and all other appurtenant construction, devices, and appliances used for conveying storm water drainage and run-off to a point of ultimate disposal or discharge;

(13) "water supply system" means any source of water, intake works, collection system, treatment works, storage facility, or distribution system from which potable water is available for two or more individual dwellings or business establishments.

History

Authority: AS 46.03.020(10)AS 46.03.090 AS 46.03.030; AS 46.03.720
Eff. 12/10/77, Register 64; am 6/11/81, Register 78; am 12/23/88, Register 108; am 11/24/94, Register 132

Chapter 74 Water and Wastewater Operator Certification and Training

Article 1 Requirements for a Class 1 — Class 4 Water System or Wastewater System

18 AAC 74.006 Applicability

The requirements of 18 AAC 74.006 - 18 AAC 74.125 apply to a

(1) public or private wastewater system that

(A) has 100 or more service connections; or

(B) is used or intended for use by 500 or more individuals per day;

(2) community or non-transient non-community water system that has 100 or more service connections;

(3) community or non-transient non-community water system that

(A) has 15 or more service connections; and

(B) is used or intended for use by 500 or more individuals per day;

(4) community or non-transient non-community water system that

(A) has fewer than 100 service connections;

(B) is used or intended for use by fewer than 500 individuals per day; and

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) ultraviolet light to meet a surface water treatment inactivation requirement;

(v) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(vi) a combination of water treatment processes not listed in (i) - (v) of this subparagraph that, in the department's determination, requires a high level of operator skill; in determining whether a combination of water treatment processes requires a high level of operator skill, in determining whether a combination of water treatment processes requires a high level of operator skill, the department will consider the advice of the board;

(5) community or non-transient non-community water system that

(A) has fewer than 15 service connections;

(B) is used or intended for use by 500 or more individuals per day; and

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) ultraviolet light to meet a surface water treatment inactivation requirement;

(v) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(vi) a combination of water treatment processes not listed in (i) - (v) of this subparagraph that, in the department's determination, requires a high level of operator skill; in determining whether a combination of water treatment processes requires a high level of operator skill, the department will consider the advice of the board;

(6) transient non-community water system that

(A) uses a surface water source or a groundwater under the direct influence of surface water source; and

(B) uses a water treatment process that uses

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) ultraviolet light to meet a surface water treatment inactivation requirement;

(v) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(vi) a combination of water treatment processes not listed in (i) - (v) of this subparagraph that, in the department's determination, requires a high level of operator skill; in determining whether a combination of water treatment processes requires a high level of operator skill, the department will consider the advice of the board; and

(7) transient non-community water system that

(A) uses a groundwater source;

(B) is used or intended for use by 500 or more individuals per day; and

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(v) a combination of water treatment processes not listed in (i) - (iv) of this subparagraph that, in the department's determination, requires a high level of operator skill; in determining whether a combination of water treatment processes requires a high level of operator skill, the department will consider the advice of the board.

History

Authority: AS 46.30.040; AS 46.30.080; AS 46.30.120
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.010 Certified operator requirements

(a) At all times, a public water system, public wastewater system, and a private wastewater system must have an operator, certified at a level equal to or greater than the classification of the system, and

(1) on-site at the system; or

(2) able to be on-site at the system within one hour; if off-site under this paragraph, the operator shall be available by radio or telephone.

(b) The owner of a water system or wastewater system may establish shifts to best meet the needs of the system and to ensure public health protection, in accordance with the following:

(1) a primary shift

(A) is the longest shift during a 24-hour period;

(B) is the shift in which operational decisions are made and may be implemented;

(D) shall be supervised by an on-site operator certified at a level equal to or greater than the classification of the system;

(2) a secondary shift

(A) is a shift in which operational decisions made during the primary shift may be implemented;

(B) shall be supervised by an on-site operator certified at a level no less than one level below the level equal to the classification of the system; and

(3) a reduced operations shift

(A) is a shift of short duration;

(B) is a shift in which an operator may conduct system checks to ensure the system is operating within established parameters, but no operational changes are made unless directed by an operator certified at a level equal to or greater than the classification of the system; and

(i) certified at not less than a provisional level in the same system type as the system under that operator's control; and

(ii) who possesses adequate training to conduct the duties assigned.

(c) An individual may provide first-response services for a public water system, public wastewater system, or a private wastewater system if the individual, at a minimum,

(1) is adequately trained to identify issues and contact the supervising operator for further direction, and

(2) holds a provisional or higher level certificate if providing response to a class 1 - class 4 water treatment, water distribution, wastewater collection, or wastewater treatment system.

(d) Department approval is required for a method of system supervision other than that described in (b) and (c) of this section. The department will approve, with terms and conditions, or will deny a request under this subsection after considering recommendations of the board. The department may provide interim approval of a request made under this subsection until the next regularly scheduled meeting of the board.

History

Authority: AS 46.30.040; AS 46.30.080; AS 46.30.120
Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 5/29/93, Register 126; am 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/26/2016, Register 220

18 AAC 74.020 Certification requirements

(a) An applicant seeking certification under 18 AAC 74.005 - 18 AAC 74.120 must submit a completed application to the department, for the level of certification sought

(1) on a form provided by the department; and

(2) accompanied by the fee required by 18 AAC 74.870.

(b) Except as provided in (d) - (g) of this section, the department will certify an applicant who meets the

(1) examination requirements of 18 AAC 74.040;

(2) experience and education requirements of 18 AAC 74.050; and

(3) fee requirements of 18 AAC 74.870.

(d) When considering an applicant's application for certification, the department may consider past or pending disciplinary action that another certifying agency imposed on the applicant in the applicant's capacity as an operator.

(e) The department may deny certification to an applicant whose certification has been revoked by another certifying agency.

(f) The department may deny certification to an applicant determined to have falsified or withheld information on the applicant's application.

(g) When acting under (d) - (f) of this section, the department will consider the factors set out in 18 AAC 74.830(b).

History

Authority: AS 46.30.060; AS 46.30.080
Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/18/2001, Register 157; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.030 Certification without examination

Deleted 8/24/85.

18 AAC 74.040 Examination requirements

(a) To be certified to operate a water or wastewater system classified as class 1 - class 4 under 18 AAC 74.120, or a wastewater treatment system classified as a wastewater stabilization pond system under 18 AAC 74.120(b)(1), an applicant must pass an approved and validated written examination that demonstrates the applicant's skills, knowledge, ability, and judgment to operate a system of that classification.

(b) To be eligible to take a level 2 - level 4 examination, the examinee must hold a valid passing score in the same system type at one level lower. A passing examination score is valid for three years from January 1 of the year the examination was taken, or for as long as the examinee holds active certification in the same system type. Examinations will be held at least annually, at the time and place announced by the department. The examinee shall pay the examination fee required by 18 AAC 74.870(b) when submitting a request for examination.

(d) The department will grade each examination administered under this section and notify each examinee of the results within 60 days after the examination. The department will not provide the completed, graded examination to the examinee. The examinee may review the examinee's examination results with the department.

(e) Repealed 11/26/2016.

History

Authority: AS 46.30.050; AS 46.30.080
Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/23/86, Register 97; am 5/29/93, Register 126; am 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.050 Experience and education requirements

(a) The department will use the basic criteria

(1) set out in (i) - (k) of this section to evaluate an individual's qualifications to operate a wastewater treatment system classified as a wastewater stabilization pond system under 18 AAC 74.120(b)(1);

(2) set out in Table A of this section, except as provided in (g) of this section, to evaluate an individual's qualifications to operate a water or wastewater system classified under 18 AAC 74.120, other than a wastewater stabilization pond system.

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(b) Additional experience criteria referred to in Table A of this section and used by the department to evaluate qualifications of individuals are subject to the following provisions:

(1) the applicant is responsible for providing verification of current and past experience; the department may contact the applicant's current and previous employers;

(2) at least 50 percent of the operating experience must be obtained in the same system type at not more than one class lower than the level of certification requested, and the department will not allow substitution of education or substitution of operating experience gained in another system type to meet the requirement of this paragraph;

(3) the department will consider a total of 1,950 or more hours worked during a period of 12 consecutive months as one year of experience; the department will prorate less than 1,950 hours worked during a period of 12 consecutive months to a portion of one year of experience.

(c) Except as provided in (b)(2) of this section, the department will allow substitutions for experience required in Table A of this section only as follows:

(1) for provisional level certification, a department-approved college, correspondence, or short course completed within the three years before application may be substituted for experience and must be in the subject area of certification requested;

(2) water treatment and wastewater treatment experience are interchangeable;

(3) water distribution and wastewater collection experience are interchangeable;

(4) the following are interchangeable at 25 percent:

(A) water distribution and water treatment experience;

(B) wastewater collection and wastewater treatment experience;

(D) approved wastewater laboratory and wastewater treatment experience up to a maximum of one year of substituted time.

(5) postsecondary education as described in (d) of this section may be substituted for up to 50 percent of the required operating experience for levels 2, 3, and 4; the rate of exchange of education for experience is one year of experience for each year of department-approved, full-time postsecondary education successfully completed that meets the requirements of this section;

(6) education substituted for an operating experience requirement may not also be applied to the education requirement for certification.

(d) Additional education criteria referred to in Table A of this section and used by the department to evaluate qualifications of individuals are subject to the following provisions:

(1) the applicant must provide a transcript, a certificate of completion, or similar verification approved by the department to document education used for certification requirements;

(2) 45 continuing education units (CEUs) in specialized operator training or education approved by the department will be counted as one year of postsecondary education toward the certification requirements; 10 hours of coursework approved by the department equals one CEU; the department will approve specialized training or education coursework if it is related to, or can be applied to, the operation, maintenance, or management of a water supply or wastewater system; the department will consider the advice and recommendations of the board in approving this specialized training or coursework;

(3) the department will credit no more than 45 CEUs for one year of trade school; any time during trade school spent in on-the-job training will count toward the experience requirement separate from the education requirement;

(4) the department will apply a bachelor's degree in physical science, biology, chemistry, physics, engineering, or another related field as four years of postsecondary education toward certification requirements; the department will apply an associate degree in one of those fields as two years of postsecondary education toward certification requirements; if approved by the department, the department will apply college or technical coursework in a non-related field toward certification requirements as calculated under (2) of this subsection.

(e) The department will allow substitutions for the minimum education requirements of Table A of this section only as follows:

(1) two years of accrued excess water treatment or wastewater treatment experience at a class 2 or higher water treatment or wastewater treatment facility may be used to satisfy a maximum of one year of the postsecondary education requirement for level 3 water treatment or wastewater treatment certification;

(2) four years of accrued excess water treatment or wastewater treatment experience at a class 3 or higher water treatment or wastewater treatment facility may be used to satisfy a maximum of two years of the postsecondary education requirement for level 4 water treatment or wastewater treatment certification;

(3) one year of accrued excess water distribution or wastewater collection experience at a class 2 water distribution or wastewater collection system may be used to satisfy a maximum of six months of the postsecondary education requirement for level 3 water distribution or wastewater collection certification;

(4) one year of operating experience may be substituted for either two years of elementary school, or one year of high school education;

(5) experience substituted for an education requirement may not also be applied to the operating experience requirements;

(6) for certification of an individual at the provisional level and level 1 certification, the department will waive the minimum education requirements for an applicant who passes a written examination and a practical evaluation.

(f) Provisional level certificates will be upgraded to level 1 certificates upon satisfactory fulfillment of the certification requirements of level 1 certification and approval of a completed application. Applications for upgrade of provisional level certificates will be reviewed at least annually.

(g) For an operator who is simultaneously supervising and operating a system that is required to have a certified operator under this chapter, the department may waive the experience requirements of Table A of this section. In reviewing a request under this subsection, the department will consider

(1) the complexity of the system;

(2) the number of hours spent each month simultaneously supervising and operating the system;

(3) whether the simultaneous supervising and operating experience claimed was acquired at the system that the operator will be operating when examined;

(4) whether the operator has a minimum of

(A) 12 months of simultaneous supervising and operating experience toward level 1 certification, even if the total number of hours worked dining that period of 12 months is less than 1,950 hours;

(B) 36 months of simultaneous supervising and operating experience toward level 2 certification, even if the total number of hours worked during that period of 36 months is less than 5,850 hours;

(C) 48 months of simultaneous supervising and operating experience toward level 3 certification, even if the total number of hours worked during that period of 48 months is less than 7,800 hours;

(D) 48 months of simultaneous supervising and operating experience toward level 4 water treatment and wastewater treatment certification, even if the total number of hours worked during that period of 48 months is less than 7,800 hours;

(E) 72 months of simultaneous supervising and operating experience toward level 4 water distribution and wastewater collection certification, even if the total number of hours worked during that period of 72 months is less than 11,700 hours;

(5) whether all other applicable requirements of this chapter have been met; and

(6) other factors relevant to assessing the operator's experience.

(h) A certificate that is issued based on a waiver granted in (g) of this section applies only to the system the operator is operating at the time of application. When an operator certified under (g) of this section submits an application and meets the experience requirements of (a) - (e) of this section, the department may upgrade the certificate to one that is transferable.

(i) To be eligible to receive certification to operate a wastewater treatment system classified as a wastewater stabilization pond system under 18 AAC 74.120(b)(1), an applicant must have at least

(1) a high school or general equivalency diploma, or have completed at least 12 years of education; and

(2) three months of operating experience at a system classified as a wastewater stabilization pond system; the applicant must attest in the application to satisfying the experience requirement, and must provide verification of required experience if requested by the department.

(j) The minimum education requirement in (i)(1) of this section is subject to the following:

(1) the applicant must attest in the application to completion of the required education and must provide verification if requested by the department;

(2) if an applicant does not have a high school diploma, general equivalency diploma, or 12 years of education, the applicant may achieve the equivalent of 12 years of education through the following substitutions:

(A) one calendar year of experience operating a system classified as a wastewater stabilization pond system may be substituted for either two years of education in grades one through eight or one year of education in grades nine through 12;

(B) 45 continuing education units (CEUs) of approved training may be substituted for one year of high school education; 10 hours of coursework equals one CEU; the department will approve training if that training is directly related to, or can be applied to, the operation, maintenance, or management of a water or wastewater system;

(C) the department will waive the minimum education requirement of (i)(1) of this section for an applicant who passes a written examination and an oral or practical examination;

(3) experience substituted under (2) of this subsection for an education requirement may not also be applied to satisfy the minimum experience requirement of (i)(2) of this section.

(k) If an applicant does not have the minimum experience required under (i)(2) of this section, the completion of an approved training course may be substituted. The department will approve training if that training is directly related to, or can be applied to, the operation, maintenance, or management of a wastewater stabilization pond system.

History

Authority: AS 46.30.080
Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 5/29/93, Register 126; am 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.060 Display of certificate

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 5/29/93, Register 126; repealed 1/18/2001, Register 157

18 AAC 74.070 Certificate term and renewal

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/23/86, Register 97; am 5/29/93, Register 126; repealed 1/18/2001, Register 157

18 AAC 74.080 Lapsed certificate

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/23/86, Register 97; am 5/29/93, Register 126; repealed 1/18/2001, Register 157

18 AAC 74.090 Canceled certificate

Repealed 2/21/81.

18 AAC 74.100 Revocation of certificate

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; repealed 1/18/2001, Register 157

18 AAC 74.110 Temporary certification

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/23/86, Register 97; repealed 1/18/2001, Register 157

18 AAC 74.120 Classification of water and wastewater systems

(a) Water distribution and wastewater collection systems designated in 18 AAC 74.006 are classified as follows:

(1) except as provided in (2) and (3) of this subsection, water distribution and wastewater collection systems are classified as follows:

(A) systems with 15 to 500 service connections are classified as class 1;

(B) systems with 501 to 5,000 service connections are classified as class 2;

(D) systems with more than 15,000 service connections are classified as class 4;

(2) for water distribution systems, the following requirements also apply:

(A) water distribution systems where water is circulated or heated to prevent freezing in the water distribution system will be classified at one class higher than the class determined under (1)(A) - (C) of this subsection;

(B) water distribution systems with five or more pressure zones will be classified at one class higher than the class determined under (1)(A) - (C) of this subsection;

(C) water distribution systems with five or more pressure zones and where water is circulated or heated to prevent freezing in the water distribution system will be classified at one class higher than the class determined under (1)(A) - (C) of this subsection;

(3) for wastewater collection systems, the following requirements also apply:

(A) wastewater collection systems where gravity is the only means of wastewater flow will be classified as class 1 systems, regardless of the number of service connections;

(B) wastewater collection systems with 15 or more main line lift stations will be classified at one class higher than the class determined under (1)(A) - (C) of this subsection.

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(b) Water treatment and wastewater treatment systems designated in 18 AAC 74.006 are classified as follows:

(1) wastewater treatment systems that score 1 - 30 points under (d) of this section, and where stabilization ponds without aeration are the only means of secondary treatment, are classified as wastewater stabilization pond systems;

(2) water treatment and wastewater treatment systems, other than wastewater stabilization pond systems, are classified as set out in Table B of this subsection.

(By Range of Points)

TABLE B CLASSIFICATION RATING SYSTEM: TREATMENT SYSTEMS (By Range of Points) System Type 1 2 3 4 Wastewater Treatment System1-3031-5556-7576 and aboveWater Treatment System1-3031-5556-7576 and above

(c) The department may, after considering advice of the board, modify the rating system in (a) and (b) of this section as applied to a particular system if the department finds that

(1) unusual factors affect the complexity of unit processes, the quality of raw water sources, or the users of water downstream from wastewater system discharges; or

(2) potential health hazards exist.

(d) To classify wastewater treatment systems under (b) of this section,

(1) the department will use the following point system:

Item Points Size Peak day design capacity, gallons per day:less than 10,000 . . . . . 110,000 - 50,000 . . . . . 250,001 - 100,000 . . . . . 4100,001 - 500,000 . . . . . 9500,001 - 1,000,000 . . . . . 121,000,001 - 5,000,000 . . . . . 165,000,001 - 10,000,000 . . . . . 2010,000,001 - 50,000,000 . . . . . 25greater than 50,000,000 . . . . . 30Pretreatment Influent pumping . . . . . 2Flow equalization basin . . . . . 1Manually cleaned screens . . . . . 1Mechanically cleaned screens . . . . . 2Fine screens, including microscreens . . . . . 3Comminutor, barminutor, grinders . . . . . 2Grit removal . . . . . 2Primary treatment Primary clarifiers . . . . . 4Primary clarifiers with chemical addition . . . . . 7Imhoff tank, or other method of combined sedimentation and digestion, other than a septic tank . . . . . 3Dissolved air flotation . . . . . 16Secondary Treatment Trickling filter without recirculation . . . . . 5Trickling filter with recirculation . . . . . 8Activated sludge: . . . . . Oxidation ditch . . . . . 8Diffused or dispersed aeration . . . . . 10Pure oxygen . . . . . 15Sequencing batch reactor (SBR), intermittent cycle extended aeration system (ICEAS), or other batch treatment method . . . . . 20Additional points if an activated sludge plant is operated in high rate mode or contact stabilization mode . . . . . 2Rotating biological contactor . . . . . 10Activated bio-filter with aeration . . . . . 10Activated bio-filter without aeration . . . . . 8Stabilization ponds without aeration . . . . . 5Aerated lagoon . . . . . 8Secondary clarifiers . . . . . 4Secondary clarifiers with chemical addition . . . . . 7Advanced Waste Treatment Polishing pond or effluent flow equalization . . . . . 2Chemical and physical treatment without secondary treatment . . . . . 20Chemical and physical treatment following secondary treatment . . . . . 15Ion exchange . . . . . 4Granular media filtration . . . . . 8Membrane filtration, including reverse osmosis, microfiltration, ultrafiltration or nanofiltration . . . . . 8Membrane filtration, integrated system . . . . . 12Electrodialysis, electrodialysis reversal . . . . . 10Biological or combined chemical and biological nutrient removal . . . . . 12Nitrification by extended aeration only . . . . . 2Chemical precipitation of phosphorous . . . . . 3pH adjustment . . . . . 3Activated carbon columns or beds . . . . . 8In-Plant Odor Control (maximum of 6 points in any combination) Biofilter . . . . . 3Adsorption with activated carbon or equal adsorbent . . . . . 3Wet scrubber . . . . . 3Thermal deactivation with catalytic process . . . . . 6Odor-reducing sprays . . . . . 2Sludge Thickening and Dewatering Sludge decant tank . . . . . 2Gravity thickener basin . . . . . 3Gravity belt thickener . . . . . 4Screw press . . . . . 5Centrifuge . . . . . 6Belt filter press, plate-and-frame press, or vacuum filter . . . . . 8Sludge bagger . . . . . 3Evaporative sludge drying by means of drying beds . . . . . 23 Sludge Stabilization and Conditioning Unheated anaerobic digestion . . . . . 8Heated anaerobic digestion . . . . . 10Aerobic digestion . . . . . 5Wet oxidation . . . . . 10Chemical stabilization with lime . . . . . 3In-vessel composting, if controlled and operated by the operator as part of routine system operations . . . . . 10Static pile composting, if controlled and operated by the operator as part of routine system operations . . . . . 5Solids Disposal Incineration, if controlled and operated by the operator as part of routine system operations . . . . . 12Land application, if controlled and operated by the operator as part of routine system operations . . . . . 5Sludge lagoon . . . . . 3Off-site disposal . . . . . 1Disinfection Liquid and powdered hypochlorites . . . . . 3Additional points if hypochlorites are generated on-site . . . . . 2Gas chlorine . . . . . 12Chlor-alkali on-site generation . . . . . 12Chlorination using tablets . . . . . 1Ultraviolet light . . . . . 3Ozonation without pure oxygen . . . . . 3Ozonation with pure liquefied oxygen . . . . . 4Ozonation with on-site generation of pure oxygen . . . . . 5Dechlorination with gas . . . . . 10Dechlorination with chemical dechlorination agents other than gas . . . . . 3Dechlorination using tablets . . . . . 1Effluent Discharge Plant pumping of effluent . . . . . 2Effluent aeration . . . . . 2

(2) for purposes of this subsection, community septic tanks will be considered part of the wastewater collection system, not a primary treatment method; and

(3) nutrient removal utilizing biological or combined chemical and biological processes for advanced waste treatment include one or more of the following methods:

(A) nitrification that utilizes those processes, if a facility nitrifies based solely on detention time or another extended aeration process, only the points for nitrification by extended aeration will be given;

(B) denitrification;

(e) To classify water treatment systems under (b) of this section,

(1) the department will use the following point system:

Item Points Size Peak day design capacity, gallons per day less than 10,000 . . . . . 110,000 - 50,000 . . . . . 250,001 - 100,000 . . . . . 4100,001 - 500,000 . . . . . 9500,001 - 1,000,000 . . . . . 121,000,001 - 5,000,000 . . . . . 165,000,001 - 10,000,000 . . . . . 2010,000,001 - 50,000,000 . . . . . 25greater than 50,000,000 . . . . . 30Water Supply Source Groundwater . . . . . 2Groundwater under the direct influence of surface water . . . . . 4Surface water . . . . . 6Surface water maintaining filtration avoidance criteria under 18 AAC 80.620 . . . . . 8Seawater . . . . . 10Purchased treated water . . . . . 0Raw water storage tank . . . . . 3Pretreatment Presedimentation basin . . . . . 4Hydrocyclone or similar sand separator device . . . . . 2Microscreen . . . . . 3Roughing filter: . . . . . Cartridge filter . . . . . 2Non-backwashable strainer or filter . . . . . 2Gravel or rock filter . . . . . 4Backwashable granular media filter . . . . . 8Add-heat system to heat raw water . . . . . 2Adjustment and Corrosion Control pH adjustment . . . . . 3Corrosion inhibitor . . . . . 3Limestone or calcite contractor . . . . . 2Sequestration . . . . . 3Treatments Aeration:In-line venturi-type . . . . . 1Mechanical or diffused . . . . . 3Degasification . . . . . 3Ion exchange . . . . . 4Non-regenerated sorption processes, including activated alumina, modified activated alumina, and iron-based sorbents . . . . . 3On-site regeneration of sorption process media . . . . . 10Activated carbon, if not included as a bed layer in another filter: . . . . . Activated carbon cartridge or bag filter . . . . . 2Powdered activated carbon treatment . . . . . 4Granular activated carbon contactors . . . . . 4On-site regeneration of activated carbon . . . . . 16Chemical oxidation: Hypochlorite solution . . . . . 3Gas chlorine . . . . . 12Potassium permanganate . . . . . 4Hydrogen peroxide . . . . . 5Ozonation without pure oxygen . . . . . 3Ozonation with pure liquefied oxygen . . . . . 4Ozonation with on-site generation of pure oxygen . . . . . 5Coagulation:Primary coagulant . . . . . 5Coagulant aid, flocculent, or filter aid . . . . . 3 points for each chemical added, up to a maximum of 12 pointsRapid mix units:Mechanical mixers . . . . . 5Injection mixers . . . . . 3In-line blender mixers . . . . . 2In-line static mixers . . . . . 0Flocculation tanks:Hydraulic flocculator . . . . . 4Mechanical flocculator . . . . . 8Sedimentation or clarification:Tube settlers . . . . . 2Inclined-plate, Lamella-type or equivalent . . . . . 2Horizontal flow conventional clarifier . . . . . 4Batch sedimentation . . . . . 2Adsorption clarifier . . . . . 6Up-flow solids contact . . . . . 10Dissolved air flotation . . . . . 16Combined rapid mix-coagulation-flocculation-sedimentation unit . . . . . 20Filtration:Cartridge or bag filter - single unit . . . . . 2Cartridge or bag filters - staged, multiple units . . . . . 4Slow sand . . . . . 4Granular media . . . . . 8Membrane filtration, including reverse osmosis, microfiltration, ultrafiltration, or nanofiltration . . . . . 8Membrane filtration, integrated system . . . . . 12Diatomaceous earth . . . . . 12Electrodialysis, electrodialysis reversal, distillation . . . . . 10Lime softening . . . . . 16Recarbonation . . . . . 8Fluoridation:Sodium fluoride saturator . . . . . 2Sodium silicofluoride . . . . . 3Hydrofluorosilicic acid . . . . . 5Disinfection:Liquid and powdered hypochlorites . . . . . 3Additional points if hypochlorites are generated on-site . . . . . 2Gas chlorine . . . . . 12Chlorination using tablets . . . . . 1Ammonia addition for chloramination:using liquid ammonia solution . . . . . 3using ammonia gas . . . . . 12Chlorine dioxide . . . . . 8Chlor-alkali on-site generation . . . . . 12Ozonation without pure oxygen . . . . . 3Ozonation with pure liquefied oxygen . . . . . 4Ozonation with on-site generation of pure oxygen . . . . . 5Ultraviolet light . . . . . 2Ultraviolet light, for the purposes of meeting required inactivation . . . . . 4Water storage tank, for the purpose of achieving contact time . . . . . 3Finished water storage tank, if the system serves fewer than 500 individuals or 100 service connections, andthe tank has a capacity of 1,000,000 gallons or more . . . . . 3the tank has a capacity of 50,000 - 999,999 gallons . . . . . 2Pressure tanks . . . . . 0On-site treatment of system sludge or backwash:Discharge to sewer or other off-site treatment . . . . . 0Discharge to on-site pond, septic tank, or lagoon . . . . . 2Mechanical dewatering . . . . . 6Filter backwash water or sludge supernatant recycling:groundwater source . . . . . 2surface water source . . . . . 3

(2) for purposes of the point system set out in (1) of this subsection, the department will assign a point value to ozonation only once, even if ozonation is used to accomplish multiple water treatment objectives;

(3) for purposes of the point system set out in (1) of this subsection, a system with a water storage tank for the purpose of achieving contact time and with a water storage tank for the purpose of storing finished water will only be assigned a point value for the water storage tank used for the purpose of achieving contact time.

History

Authority: AS 46.30.010; AS 46.30.080; AS 46.30.090
Eff. 8/21/78, Register 67; am 8/24/85, Register 95; am 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.125 Transition for systems increasing in classification

(a) If as required under 18 AAC 74.010(a) a supervising operator of a primary operating shift of a water or wastewater system was certified at a level equal to the classification on or before November 26, 2016 of the system under that operator's control, and that system increased in classification under 18 AAC 74.120 on November 26, 2016, that supervising operator of the primary operating shift must be certified on or before November 26, 2018 at a level equal to or greater than the higher classification.

(b) If as required under 18 AAC 74.010(a) a supervising operator of a secondary operating shift of a water or wastewater system was certified at no less than one level below the level equal to the classification on or before November 26, 2016 of the system under that operator's control, and that system increased in classification under 18 AAC 74.120 on November 26, 2016, that supervising operator of the secondary shift must be certified on or before November 26, 2018 at a level no less than one level below the higher classification.

(d) Repealed 11/26/2016.

History

Authority: AS 46.30.010; AS 46.30.080; AS 46.30.090
Eff. 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.130 Training

Repealed 8/24/85.

18 AAC 74.140 Water and wastewater works advisory board

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; repealed 1/18/2001, Register 157

18 AAC 74.150 Composition of the water and wastewater works advisory board

Deleted 8/24/85.

18 AAC 74.160 Appeals

Repealed.

History

Eff. 8/21/78, Register 67; am 8/24/85, Register 95; repealed 1/18/2001, Register 157

18 AAC 74.170 Fees

Repealed.

History

Eff. 1/23/86, Register 97; am 5/29/93, Register 126; repealed 1/18/2001, Register 157

Article 2 Requirements for an Operator of a Small, Untreated or Small, Treated Water System

18 AAC 74.400 Applicability

The requirements of 18 AAC 74.410 - 18 AAC 74.440 apply to a

(1) community or non-transient non-community water system that

(A) has fewer than 100 service connections;

(B) is used or intended for use by fewer than 500 individuals per day; and

(2) community or non-transient non-community water system that

(A) has fewer than 15 service connections;

(B) is used or intended for use by 500 or more individuals per day; and

(3) transient non-community water system that

(A) uses a surface water source or a groundwater under the direct influence of surface water source; and

(B) has been classified as a small, treated water system under 18 AAC 74.405.

History

Authority: AS 46.30.010; AS 46.30.080
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.405 Classification of small, untreated or small, treated water systems

Except as provided in 18 AAC 74.006, the department will classify a community or nontransient non-community water system with fewer than 100 service connections that is used or intended for use by fewer than 500 individuals per day, a community or non-transient noncommunity water system with fewer than 15 service connections that is used or intended for use by more than 500 individuals per day, and a transient non-community water system that uses a surface water source or groundwater under the direct influence of surface water source, as follows:

(1) a water system that does not add chemicals to the water will be classified as a small, untreated water system;

(2) a water system that adds a single chemical to the water will be classified as a small, treated water system;

(3) for purposes of this section, the use of ultraviolet light to meet an inactivation requirement will be considered the equivalent of the addition of a single chemical.

History

Authority: AS 46.30.010; AS 46.30.080
Eff. 11/26/2016, Register 220

18 AAC 74.410 Certified operator requirements for small, untreated and small, treated water systems

At all times, a public water system described in 18 AAC 74.400 must have an operator, certified at a level equal to or reater than the classification of the system, and

(1) on-site at the system; or

(2) able to be on-site at the system within three hours; if off-site under this paragraph, the operator shall be available by radio or telephone.

History

Authority: AS 46.30.010; AS 46.30.080
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.415 Contract operations

(a) The department may approve a plan for supervision of a water system described in 18 AAC 74.400 by a certified operator who supervises more than one water system. The department will include in its approval any terms and conditions that the department considers necessary to protect human health, safety, and welfare. The system owner must submit a request for approval under this subsection on a form provided by the department. The department will approve a request under this subsection if

(1) the supervising operator is certified at a level equal to or greater than the classification of the water system;

(2) the department determines that the supervising operator will oversee the system in compliance with the requirements of this chapter and 18 AAC 80; and

(3) the department determines that human health, safety, and welfare will be adequately protected.

(b) In approving or denying a request, or revoking an approval under (a) of this section, the department will consider

(1) the complexity of the system;

(2) the proposed frequency of routine visits by the certified operator;

(3) system accessibility;

(4) plans for response when emergency action is needed;

(5) the total number of systems the certified operator supervises;

(6) the compliance history of other systems under the supervision of the certified operator; and

(7) other factors relevant to system oversight or to the protection of human health, safety, and welfare.

History

Authority: AS 46.30.010; AS 46.30.080
Eff. 11/26/2016, Register 220

18 AAC 74.420 Certification requirements for operators of small, untreated or small, treated water systems

(a) An individual seeking certification under 18 AAC 74.400 - 18 AAC 74.440 must submit a completed application to the department for the level of certification sought

(1) on a form provided by the department;

(2) accompanied by the fee required by 18 AAC 74.870.

(b) Except as provided in (d) - (g) of this section, the department will certify an applicant who meets the

(1) examination requirements of 18 AAC 74.430;

(2) experience and education requirements of 18 AAC 74.440; and

(3) fee requirements of 18 AAC 74.870.

(d) When considering an individual's application for certification, the department may consider past or pending disciplinary action that another certifying agency imposed on the applicant in the applicant's capacity as an operator.

(e) The department may deny certification to an applicant whose certification has been revoked by another certifying agency.

(f) The department may deny certification to an applicant determined to have falsified or withheld information on the applicant's application.

(g) When acting under (d) - (f) of this section, the department will consider the factors set out in 18 AAC 74.830(b).

History

Authority: AS 46.30.010; AS 46.30.060; AS 46.30.080
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/26/2016, Register 220

18 AAC 74.430 Examination requirements for operators of small, untreated or small, treated water systems

(a) To be certified to operate a water system classified as a small, untreated system or small, treated system under 18 AAC 74.405, an individual must pass an approved and validated written examination that demonstrates the individual's skills, knowledge, ability, and judgment to operate a system of that classification in compliance with the requirements of this chapter and 18 AAC 80.

(b) Repealed 11/26/2016.

(c) A written validated examination will be held at least annually, at a time and place announced by the department. The individual shall pay the examination fee required by 18 AAC 74.870(b) when submitting a request for examination.

(d) Repealed 12/3/2006.

(e) Repealed 12/3/2006.

(f) The department will grade each examination administered under this section and notify each examinee of the results within 60 days after the examination. The department will not provide the completed, graded examination to the examinee. The examinee may review the examinee's examination results with the department.

(g) Repealed 11/26/2016.

History

Authority: AS 46.30.010; AS 46.30.050; AS 46.30.080
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/26/2016, Register 220

18 AAC 74.440 Experience and education requirements for operators of small, untreated or small, treated water systems

(a) The department will use the minimum education and experience requirements and substitution provisions of this section to evaluate an applicant's qualifications to operate a water system classified as a small, untreated or small, treated water system under 18 AAC 74.405.

(b) To be eligible to receive certification, an applicant for certification to operate a small, untreated water system must have at least

(1) a high school or general equivalency diploma, or have completed at least 12 years of education; and

(2) three months of operating experience at a system classified as a small, untreated water system or a greater classification.

(c) To be eligible to receive certification, an applicant for certification to operate a small, treated water system must have at least

(1) a high school or general equivalency diploma, or have completed at least 12 years of education; and

(2) six months of operating experience at a system classified as a small, treated water system or a greater classification.

(d) The minimum education requirements in (b)(1) and (c)(1) of this section are subject to the following provisions:

(1) the applicant must attest in the application to completion of the required education and must provide verification if requested by the department;

(A) one calendar year of experience operating a system classified at a level equal to or greater than the classification for which the applicant requests certification, may be substituted for either two years of education in grades one through eight or one year of education in grades nine through 12;

(C) for small, untreated and small, treated water systems, the department will waive the minimum education requirements of (b)(1) and (c)(1) of this section for an applicant who passes a written examination and an oral or practical examination;

(3) experience substituted under (2) of this subsection for an education requirement may not also be applied to satisfy the minimum experience requirements in (b)(2) and (c)(2) of this section.

(e) The minimum experience requirements in (b)(2) and (c)(2) of this section are subject to the following provisions:

(1) the applicant must attest in the application to satisfying the experience requirements, and must provide verification of required experience if requested by the department; and

(2) if an applicant does not have the required experience, the completion of an approved training course may be substituted; the department will approve training if that training is directly related to, or can be applied to, the operation, maintenance, or management of a water system.

History

Authority: AS 46.30.010; AS 46.30.080
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.450 Classification of small, untreated or small, treated water systems

Repealed.

History

Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; repealed 11/26/2016, Register 220

Article 3 General Provisions

18 AAC 74.800 Display of certificate

The valid certificate must be displayed in the operator's plant, utility office, or business office of the public water or wastewater system where the certified operator is employed.

History

Authority: AS 46.30.060; AS 46.30.080
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180

18 AAC 74.810 Certificate term and renewal

(a) A certificate, including a renewed certificate, is valid for a three-year period beginning on January 1 of the year of issuance.

(b) The department will send each certificate holder a renewal notice at least 60 days before the certificate expires. Notice will be mailed to the last address of record. The operator shall keep the department informed of the operator's current mailing address. Failure to receive notice does not relieve the holder of the responsibility to renew the certificate.

(c) During the three-year period in which the certificate is valid, an operator must complete approved continuing education courses as a condition for renewal of the certificate, as follows:

(1) for a small, untreated water system certification, an operator must complete approved courses equal to 0.5 drinking water core continuing education units (CEUs);

(2) for a small, treated water system certification, an operator must complete approved courses equal to one drinking water core CEU;

(3) for certification as an operator at the provisional level or level 1 - level 4 certification, an operator must complete approved courses equal to three CEUs of which two CEUs must be core and one CEU may be non-core;

(4) for certification to operate a wastewater treatment system classified as a wastewater stabilization pond system under 18 AAC 74.120(b)(1), an operator must complete approved courses equal to 0.5 core CEUs.

(d) An operator holding more than one certificate at the provisional level or level 1 - level 4 need complete only the courses required to satisfy renewal requirements for one of the certificates, but must complete the required courses at least every three years.

(e) The department will renew a certificate if an operator pays the fee required by 18 AAC 74.870(e), and is otherwise in compliance with this chapter.

(f) For purposes of this section, 10 hours of approved training equals one CEU. For applicable college courses one semester hour is equivalent to 1.5 CEUs and one quarter hour is equivalent to one CEU. The department will approve training if that training is related to, or can be applied to, the operation, maintenance, or management of a water or wastewater system as follows:

(1) drinking water core CEUs are those directly related to the drinking water industry or those integral to the operation and maintenance of a drinking water system;

(2) core CEUs are those directly related to the water or wastewater industry or those integral to the operation and maintenance of water or wastewater systems;

(3) non-core CEUs are those still relevant to the water or wastewater industry but indirectly related or peripheral to the industry;

(4) drinking water core and core CEUs may be repeated one time, not earlier than three years following the original course completion, for half CEU credit;

(5) non-core CEUs may not be repeated for credit;

(6) wastewater stabilization pond courses may be repeated, not earlier than three years following the original course completion, for full CEU credit for the renewal of wastewater stabilization pond certificates.

(g) Repealed 11/26/2016.

(1) has completed three CEUs during the three-year period before the first expiration of that operator-in-training certificate after December 3, 2006; and

(2) pays the fee required by 18 AAC 74.870(d).

History

Authority: AS 46.30.060; AS 46.30.080
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.820 Expired certificates

(a) An individual who seeks renewal of an expired certificate must submit a request for renewal to the department within 365 days after the certificate expires. The department will renew an expired certificate upon receipt of a request for renewal that includes proof of compliance with 18 AAC 74.810 and the expired certificate renewal fee required by 18 AAC 74.870. An individual with an expired certificate is not certified.

(b) The department will not renew a certificate that has expired by more than one year. An individual with a certificate that has expired by more than one year must seek recertification under 18 AAC 74.020 or 18 AAC 74.420.

History

Authority: AS 46.30.080
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.830 Disciplinary action

(a) The department may enter into a consent agreement with an operator, issue a letter of reprimand to an operator, or suspend or revoke a certificate, upon a determination that one or more of the following acts of misconduct occurred:

(1) fraud or deceit in obtaining the certificate;

(2) fraud or deceit in plant record keeping;

(3) gross negligence in the operation of a system;

(4) a substantial violation of the requirements of this chapter or 18 AAC 80.

(b) When considering whether to enter into a consent agreement with an operator, issue a letter of reprimand to the operator, or suspend or revoke a certificate, the department will consider the potential threat to human health or the environment, the severity of the act of misconduct, and any previous acts of misconduct.

(c) The department will consider board recommendations in deciding whether to enter into a consent agreement with an operator, issue a letter of reprimand to an operator, or suspend or revoke a certificate. Not later than 30 days before the board meeting, the department will issue a notice to the operator, including a description of the allegations, the date, time, and location of the board meeting, and how the operator can participate in the meeting. If the alleged act of misconduct poses a clear and immediate threat to public health or environment, the department may waive the 30-day notice in order to hold an immediate meeting of the board, while still providing appropriate notice to the operator. Not later than 10 days after the meeting, the board shall issue a recommendation to the department based on a presentation of facts, including the testimony of the operator. The department will issue a decision not later than 30 days after receiving the board's recommendation.

(d) An operator whose certificate has been suspended may not be the supervising operator of a system type that is the same as the system type for which the certificate that has been suspended was originally issued.

(e) An operator whose certificate has been suspended may have the certificate reinstated at the end of the suspension period if the certificate renewal requirements of 18 AAC 74.810 are met. The operator shall pay the certificate reinstatement fee required by 18 AAC 74.870(i) at the time of certificate reinstatement.

(f) An operator whose certificate has been revoked will not be issued future certification and shall forfeit all other valid certificates indefinitely. An operator whose certificate has been revoked may not serve as an operator at any water or wastewater system.

(g) If an operator's certificate has been suspended, the operator may not use operating experience gained during suspension to satisfy the experience requirements of 18 AAC 74.050 or 18 AAC 74.440.

(h) A disciplinary action is a department decision that is subject to review under 18 AAC 74.860. The commissioner will not participate in a decision made under this section.

History

Authority: AS 46.30.030; AS 46.30.080 AS 46.30.060; AS 46.30.090
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.840 Temporary certification

In compliance with AS 46.30.110, the department will issue a temporary certificate unless the department determines that human health, safety, and welfare would not adequately be protected. The temporary certificate is valid until the earliest date when the operator may be examined and certified under this chapter. A temporary certificate applies only to the system that the applicant is operating at the time of application, and will not be renewed. The fee required by 18 AAC 74.870(h) must be paid before a temporary certificate will be issued.

History

Authority: AS 46.30.080; AS 46.30.110
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.845 Certification of an operator of an existing water system

Repealed.

History

Eff. 1/18/2001, Register 157; repealed 12/3/2006, Register 180

18 AAC 74.850 Water and wastewater works advisory board

The board shall

(1) advise and assist the department as the department certifies operators and classifies water and wastewater systems;

(2) review qualifications of applicants for certification in cooperation with the department or at the applicant's request;

(3) advise the department as the department prepares and gives examinations;

(4) make recommendations to the department as the department issues a letter of reprimand to an operator or suspends or revokes a certificate;

(5) assist the department in determining the number of certified operators needed for proper system operation;

(6) make recommendations to the legislature and the governor for legislation concerning operation and maintenance of public water and wastewater systems;

(7) assist and advise the department as the department develops and administers a training program; and

(8) give other assistance as requested by the department.

History

Authority: AS 46.30.020; AS 46.30.030; AS 46.30.060
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.860 Requests for review

(a) Within 30 days after receiving a department decision under this chapter, the applicant, operator, system owner, or other person adversely affected by the decision may request a review of the decision by the director. The request must be made in writing to the director and must include

(1) the name, mailing address, and telephone number of the requester;

(2) a description of the matter being reviewed, including applicable facts regarding classifications or determinations; and

(3) a clear and concise statement of the basis for the request, including

(A) a statement of the nature and scope of the interests of the requester, and an explanation of how and to what extent those interests would be directly and adversely affected by the department's decision; and

(B) the contested terms or conditions, and proposed alternatives.

(b) Upon receipt of a request for review, the director, or a designee who is a department employee other than the individual who issued the contested decision, shall decide if the request has merit, or if the original decision by the department is satisfactory. If the director or designee decides that the request does not merit a review, the requester shall be notified in writing of this decision, and of the reasons for the decision. The denial must include the statement that the requester may seek an adjudicatory hearing under 18 AAC 15.200.

(c) Within 60 days after the director or designee grants a review of a decision, the board shall hold a meeting to review the original decision, consider any additional information provided, and develop a recommendation. Not later than 30 days before the board meeting, the department will issue a notice to the requestor of the review, including the date, time, and location of the board meeting and how the requestor can participate. Within 10 days after the board meeting, the board shall issue a recommendation to the director or designee. The commissioner will not participate in the board meeting or development of the board's recommendation.

(d) Within 30 days after receipt of the board's recommendation and any additional information, the director or designee shall issue a final decision. The decision must include the statement that the requester may seek an adjudicatory hearing under 18 AAC 15.200.

History

Authority: AS 46.03.020; AS 46.30.080
Eff. 1/18/2001, Register 157; am 11/26/2016, Register 220

18 AAC 74.870 Fees

(a) A fee listed in this section is nonrefundable except as provided in (c) and (m) of this section.

(b) The fee for each examination to be taken is $150.

(c) If the department is notified in writing at least two weeks before a written examination date that an applicant cannot take a scheduled examination and wishes to be rescheduled, the examination fee paid by the applicant will be applied to the next examination cycle without a new reregistration.

(d) The fee to apply for certification is $100.

(e) The fee to renew an active certificate is $100.

(f) The fee to renew an expired certificate not later than 90 days after the certificate expires is $150.

(g) The fee to renew an expired certificate later than 90 days but not later than 365 days after the certificate expires is $300.

(h) The fee to apply for a temporary certificate is $100.

(i) The fee to reinstate a suspended certificate is $300.

(j) The fee to apply for reciprocity, as described in AS 46.30.100, is $300.

(k) The fee for a replacement certificate is $50.

(l) The fee for a department-sponsored operator training classroom course is $150 per day. The fee is nonrefundable, except as provided in (m) of this section.

(m) The department will cancel an operator training classroom course with fewer than 10 students registered. If the department cancels a course, the fee paid under ( l) of this section will be refunded

(n) The fee for a department-sponsored correspondence course providing continuing education unit (CEU) credits, is $20 per CEU plus the cost of course materials.

History

Authority: AS 44.46.025; AS 46.30.060; AS 46.30.110 AS 46.30.030; AS 46.30.080 AS 46.30.050; AS 46.30.100
Eff. 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/21/2010, Register 196; am 11/26/2016, Register 220

18 AAC 74.900 Definitions

Unless the context indicates otherwise, in this chapter

(1) "applicant" means a person seeking a certificate under this chapter;

(2) "approved" means approved by the department;

(3) "board" means the Water and Wastewater Works Advisory Board created by AS 46.30.020;

(4) "certificate" means a certificate of competency, issued to an operator by the department, stating that the operator has met the requirements for the specified level of the certification program;

(5) "CEU" means continuing education unit;

(6) "community water system" has the meaning given in 18 AAC 80.1990;

(7) "department" means the Department of Environmental Conservation;

(8) "director" means the director of the department's division in which the operator certification program under AS 46.30 resides;

(9) "groundwater under the direct influence of surface water" has the meaning given in 18 AAC 80.1990;

(10) "main line lift station" means a pumping facility that is designed to lift wastewater from a portion of the main line at an elevation to another portion of the main line at a higher elevation; "main line lift station" does not include a wastewater sump from which wastewater is pumped from a household, building, building complex, or septic tank into the main line;

(11) "non-transient non-community water system" has the meaning given in 18 AAC 80.1990;

(12) "on-site" means to be present at a system during normal operations;

(13) "operating experience" means the time spent at a system in satisfactory performance of operation duties;

(14) repealed 11/26/2016;

(15) "operator" means a person engaged in the operation of a water supply or wastewater system; "operator" does not ordinarily mean an official, such as the city engineer or public works superintendent, exercising only general administrative supervision;

(16) repealed 11/26/2016;

(17) "public water system" has the meaning given in 18 AAC 80.1990;

(18) "service connection" means a pipe, with all its parts, that connects a water or sewer main with building plumbing;

(19) "supervising operator" means an operator who makes process control and system integrity decisions about water quality or quantity that affect human health, safety, and welfare;

(20) "surface water" has the meaning given in 18 AAC 80.1990;

(21) "system" means a water system or a wastewater system;

(22) "transient non-community water system" has the meaning given in 18 AAC 80.1990;

(23) "validated examination" means an examination that is independently reviewed by subject matter experts to ensure that it is based on a job analysis and related to the classification of the system;

(24) "wastewater collection system" means pipelines or conduits, pumping stations and force mains, and all other related constructions, devices, and appliances used to conduct wastewater to a wastewater treatment system;

(25) "wastewater system" means the system of pipes, structures, equipment, and processes required to collect, carry away, and treat domestic or industrial wastewater and dispose of the effluent;

(26) "wastewater treatment system" means devices, structures, and equipment used to treat, neutralize, stabilize, or dispose of wastewater and residuals;

(27) "water distribution system" means post-treatment storage facilities, conduits, mains, lines, pumping stations, or other devices used to carry water to the consumer;

(28) "water system" means any source of water, intake works, collection system, treatment works, storage facility, or distribution system from which water is available for human consumption; "water system" includes systems providing water to more than one residence, or to a factory, office building, restaurant, school, or similar facility. "Water system" does not include a system serving only a single-family residence;

(29) "water treatment system" means devices, structures, and equipment used to condition, purify, or refine water for human consumption;

(30) "community septic tank" means a septic tank that serves

(A) one or more multi-family dwellings;

(B) a mobile home park, a trailer park, or a recreational vehicle park;

(i) private residences; in this sub-subparagraph, "private residence" has the meaning given in 18 AAC 72.990;

(ii) commercial establishments;

(iii) industrial establishments; or

(iv) institutions; or

(D) a combination of two or more of the structures listed in (C)(i) - (iv) of this paragraph;

(31) "examinee" means an individual who has registered for a certification examination.

History

Authority: AS 46.30.080
Eff. 8/21/78, Register 67; am 2/21/81, Register 77; am 8/24/85, Register 95; am 5/29/93, Register 126; am 1/18/2001, Register 157; am 12/3/2006, Register 180; am 11/26/2016, Register 220

Chapter 75 Oil and Other Hazardous Substances Pollution Control

Article 1 Oil Pollution Prevention Requirements

18 AAC 75.005 Responsibility

(a) The owner or operator of a tank vessel, oil barge, pipeline, oil terminal, railroad tank car, exploration facility, or production facility subject to the requirements of AS 46.04.030 or AS 46.04.055(j) is responsible for meeting the applicable requirements of this chapter and for preventing the discharge of oil into waters or onto land of the state, except as otherwise provided in (b) of this section.

(b) A noncrude oil tank vessel or barge that has a storage capacity of less than 500 barrels and an approved streamlined plan under 18 AAC 75.456 is exempt from the requirements of 18 AAC 75.007 - 18 AAC 75.085.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.055 AS 46.03.740; AS 46.04.050; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/14/2002, Register 164; am 12/30/2006, Register 180; am 11/7/2020, Register 236

18 AAC 75.007 General oil pollution prevention requirements

(a) Except where application of the requirements of 18 AAC 75.005 - 18 AAC 75.085 would be preempted by federal law, those requirements apply to each facility or operation for which an approved oil discharge prevention and contingency plan is required under AS 46.04.030 or AS 46.04.055(j).

(b) A vessel, barge, pipeline, railroad tank car, or other facility subject to the applicable requirements of this chapter must be equipped and operated in accordance with this chapter and other state and federal law applicable to the prevention of an oil discharge. A railroad must be operated in compliance with applicable federal railroad safety regulations.

(c) If a requirement of 18 AAC 75.005 - 18 AAC 75.085 and a corresponding requirement of federal law differ and application of the requirement of 18 AAC 75.005 - 18 AAC 75.085 would not be preempted by federal law, the more stringent requirement applies.

(d) Repealed 12/30/2006.

(e) The owner or operator shall have in place programs designed to ensure that each drill operator, each person who has navigational, towline, security, or maintenance duties, and any other person directly responsible for an activity that might result in a violation of this chapter is free of substance-abuse or medical conditions that would impair that person's ability to do that person's job. The requirements of this section may be met

(1) for a railroad, by a program in accordance with 49 C.F.R. Part 219, revised as of October 1, 2005 and adopted by reference;

(2) for a pipeline, by a program in accordance with 49 C.F.R. Part 199, revised as of October 1, 2005 and adopted by reference; or

(3) for a vessel, by a program in accordance with 46 C.F.R. Part 16, revised as of October 1, 2005 and adopted by reference.

(f) The owner or operator shall provide security measures and surveillance appropriate to each component of the operation to minimize the risk of vandalism, sabotage, and unauthorized entry.

(g) Repealed 12/30/2006.

(h) Repealed 12/30/2006.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 4/4/97, Register 142; am 12/14/2002, Register 164; am 12/30/2006, Register 180

18 AAC 75.015 Waiver

The department may waive a requirement of 18 AAC 75.005 - 18 AAC 75.085 if the owner or operator demonstrates to the department's satisfaction that an equivalent level of protection will be achieved by using a technology or procedure other than the technology or procedure required by 18 AAC 75.005 - 18 AAC 75.085.

History

Authority: AS 46.03.020; AS 46.04.050 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 5/26/2004, Register 170; am 12/30/2006, Register 180

18 AAC 75.020 Oil discharge prevention training and recordkeeping

(a) The owner or operator shall have in place personnel training programs designed to ensure that all personnel with job duties directly involving inspection, maintenance, or operation of oil storage and transfer equipment regulated under 18 AAC 75.005 - 18 AAC 75.085 are appropriately and regularly trained regarding company and state oil pollution prevention measures that are applicable to each position's duties.

(b) Personnel training programs must include

(1) a listing of each position with job duties described in (a) of this section, and the training and level of knowledge appropriate to that position;

(2) a listing of any licenses, certifications, or other prerequisites needed to hold each position listed in (1) of this subsection; and

(3) a listing of training objectives and the means of achieving them, including training subjects, training schedules, frequency, and type.

(1) a statement, signed and dated by each participant, listing the course or program content;

(2) shipboard records verified by the vessel master; or

(3) computerized records verified by the owner or operator.

(d) The owner or operator shall maintain for the life of the facility or operation, a history of all known oil discharges over 55 gallons within the state, including the source, cause, amount, and corrective action taken. Copies of records shall be provided to the department upon request.

(e) The owner or operator shall prepare and maintain records in retrievable form to document training, inspections, tests, maintenance, and repairs required by 18 AAC 75.005 - 18 AAC 75.085. Unless specified otherwise in this chapter, records must be kept for at least five years and copies shall be provided to the department upon request.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 12/30/2006, Register 180

18 AAC 75.025 Transfer requirements

(a) The owner or operator of an oil terminal facility, exploration facility, production facility, railroad, tank vessel, or oil barge shall take all appropriate measures to prevent spills or overfilling during a transfer of oil, including reduced loading rates at the beginning and end of a transfer.

(b) Unless it is technically unfeasible to do so, an oil containment boom appropriate for local conditions must be deployed in an effective manner around a tank vessel or oil barge during the transfer of

(1) crude oil;

(2) other persistent product; and

(3) oily ballast water.

(d) The owner or operator shall ensure that each person involved in a transfer is capable of clearly communicating orders to stop a transfer at any time during the transfer.

(e) A positive means must be provided to stop a transfer in the shortest possible time consistent with the best commercially available technology.

(f) Before beginning a transfer to or from an area not protected by secondary containment, the owner or operator shall ensure that all valves in the transfer system have been checked to ensure that they are in the correct position, and that all manifolds not in use are blank flanged or capped. Where feasible, the owner or operator shall also inspect for damage or defects all piping and hoses used in the transfer before and at least once during each transfer.

(g) The lowermost drain and all outlets of any tank car or tank truck must be visually examined for leakage before filling and before departure. All tank car or tank truck manifolds must be blank flanged or capped, and valves must be secured before leaving the transfer area.

(h) All aboveground transfer piping that is used to transfer oil to or from docks or vessels must be visually checked before and during each transfer or monthly, whichever is less frequent.

(i) For purposes of (b) of this section, deployment of an oil containment boom is technically unfeasible if

(1) expected tidal currents and other local environmental conditions preclude the effective configuration and operation of the oil containment boom due to entrainment or splash over; or

(2) the physical facility layout precludes the effective configuration of the oil containment boom around the tank vessel or oil barge.

(j) In this section, "transfer" means any movement of oil by means of pumping, gravity, or displacement

(1) within an oil terminal facility; or

(2) between an oil terminal, exploration, or production facility and a railroad tank car, tank truck, tank vessel, or oil barge.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/28/2000, Register 156; am 12/14/2002, Register 164; am 12/30/2006, Register 180; am 10/27/2018, Register 228

18 AAC 75.027 Requirements for laden tank vessels

(a) In addition to meeting the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, a laden tank vessel must carry or have ready access to sufficient oil transfer equipment to facilitate lightering to and from other vessels. The oil transfer equipment must be sufficient to lighter the volume of the largest cargo tank within 24 hours.

(b) The owner or operator shall ensure that each laden tank vessel has on board a person who is designated as an oil spill prevention and response officer and is responsible for training and drilling the crew on state and federal oil pollution prevention and response requirements.

(c) If the master is not fluent in English, a person fluent in English and in the master's language must be immediately available to the bridge of any laden tank vessel when underway in state waters.

(d) The owner or operator shall ensure that measures are in place that allow the prompt detection of an oil discharge including

(1) visual lookouts;

(2) the sounding of all cargo tanks to check cargo and water levels in the tanks after an intentional or unintentional grounding, collision, or allision; and

(3) where technically feasible, electronic leak detection systems.

(e) A tank vessel under escort by another vessel must, at all times, be operated in a manner that permits the escort vessel to be available immediately to provide the intended assistance to the tank vessel.

(f) While in state waters, the emergency towing arrangement must be made up and prepared for rapid deployment to a towing vessel. The towing arrangement must be fitted to allow towing vessels commonly available in the area of operation to take the vessel in tow rapidly. For a vessel over 20,000 deadweight tonnage, the towing arrangement must meet the requirements of 33 C.F.R. 155.235, revised as of September 30, 2009, and adopted by reference.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/30/2006, Register 180; am 2/5/2023, Register 245

18 AAC 75.037 Requirements for laden oil barges

(a) In addition to meeting the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, a laden oil barge must carry or have ready access to sufficient oil transfer equipment to facilitate lightering to and from other vessels. The oil transfer equipment must be sufficient to lighter the volume of the largest cargo tank within 24 hours.

(b) The owner or operator of a laden oil barge shall ensure that each barge or vessel towing a barge has on board a person who is designated as an oil spill prevention and response officer and is responsible for training and drilling the crew on state and federal oil pollution prevention and response requirements.

(c) If the master is not fluent in English, a person fluent in English and in the master's language must be immediately available to any vessel towing an oil laden barge.

(d) The owner or operator shall ensure that measures are in place that allow the prompt detection of an oil discharge, including visual inspections of the barge and the area around the barge, and the sounding of all cargo tanks to check cargo and water levels in the tanks after an intentional or unintentional grounding, collision, or allision.

(e) The owner or operator shall inspect towing equipment every two months and shall record the results of each inspection and any actions taken to resolve problems discovered during an inspection.

(f) The owner or operator shall provide an adequate means of recovering a barge that breaks free of its towing vessel. The recovery means must be capable of being used by other vessels if the towing vessel is lost or incapacitated.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/30/2006, Register 180

18 AAC 75.045 Operating requirements for exploration and production facilities

(a) In addition to the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, the owner or operator of an exploration or production facility shall collect and store oil produced during a formation flow test or other drilling operation in a manner that prevents the oil from entering the land or waters of the state.

(b) In state waters, a marine structure used for drilling must be inspected for fatigue and structural integrity as required by 30 C.F.R. Part 250, Subpart I, revised as of July 1, 2001 and adopted by reference. The inspection must be conducted after installation of the structure and before drilling or production operations begin. The owner or operator shall submit to the department a report of the inspection results and any corrective actions taken.

(c) Closure valves for pipelines leaving marine structures must be located at a protected location that isolates the pipeline from the structure if a discharge or other emergency occurs and must function both manually and remotely as part of an emergency shutdown system.

(d) The owner or operator of an exploration or production facility shall provide, at a minimum,

(1) containment and collection devices such as drip pans and curbs for offshore exploration or production wells; and

(2) wellhead sumps for exploration or production wells located onshore or on artificial islands or ice islands; for exploration or production wells drilled and completed after December 30, 2008 and located onshore or on artificial islands or ice islands, wellhead sumps shall be designed and installed to be sufficiently impermeable.

(e) A marine structure used for oil production, other than an artificial island, must have a sufficiently impermeable deck with catch tanks or other devices adequate to contain, collect, and divert spilled oil. The catch tank must have adequate storage capacity to contain anticipated and accidental discharges of oil and high-liquid-level alarms that will immediately notify the operator if a high liquid level develops.

(f) Aboveground oil storage tanks, including bulk fuel tanks, must meet the applicable requirements of 18 AAC 75.065, 18 AAC 75.066, and 18 AAC 75.075.

(g) Piping associated with an exploration or production facility must meet the applicable requirements of 18 AAC 75.047 and 18 AAC 75.080.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/30/2006, Register 180

18 AAC 75.047 Requirements for flow lines at production facilities

(a) The requirements of this section apply to each flow line associated with a production facility.

(b) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator shall ensure that the design and construction of each flow line placed in service after December 30, 2008 is consistent with one of the following standards:

(1) American Society of Mechanical Engineers, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids, 2002 Edition (ASME B31.4-2002), adopted by reference;

(2) American Society of Mechanical Engineers, Gas Transmission and Distribution Piping Systems, 2003 Edition (ASME B31.8-2003), adopted by reference;

(3) another equivalent and nationally recognized standard approved by the department.

(c) No later than December 30, 2007, the owner or operator shall ensure that measures for controlling corrosion in flow lines are undertaken, including, at a minimum,

(1) a corrosion monitoring and control program consistent with Chapter VIII of Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (ASME B31.4-2002), adopted by reference in (b)(1) of this section;

(2) unless amore stringent requirement is set out in this section, external corrosion control of buried or submerged flow lines consistent with NACE International's Standard Recommended Practice: Control of External Corrosion on Underground or Submerged Metallic Piping Systems, 2002 edition (NACE RP0169-2002), adopted by reference;

(3) external corrosion control of aboveground flow lines by the application of a protective coating, by the use of corrosion-resistant alloys, or by another method approved by the department, unless the operator demonstrates by test, investigation, or experience appropriate to the environment of the flow line segment, that the anticipated extent of corrosion will not affect the flow line's fitness for service; and

(4) a program designed to minimize internal corrosion, including, as appropriate, one or more of the following:

(A) removal of foreign material by scraping or pigging;

(B) treatment of residual water or dehydration;

(D) removal of dissolved gases by thermal or mechanical means;

(E) gas blanketing;

(F) continuous internal coating or lining;

(G) another method approved by the department.

(d) No later than December 30, 2007, the operator shall

(1) completely contain the entire circumference of the flow line and provide the interstitial space with a leak detection system approved by the department; or

(2) have in place a preventative maintenance program that ensures the continued operational reliability of any flow line system component affecting quality, safety, and pollution prevention; the owner or operator shall ensure that the program,

(A) for submerged flow lines, is consistent with Chapters VII through IX of Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (ASME B3l.4-2002), adopted by reference in (b)(1) of this section;

(B) for buried flow lines, is consistent with Chapters VII and VIII of Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (ASME B31.4-2002), adopted by reference in (b)(1) of this section;

(i) the requirements of the American Petroleum Institute's (API) Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-service Piping Systems, Second Edition, October 1998, Addendum 1, February 2000, Addendum 2, December 2001, and Addendum 3, August 2003 (API 570), adopted by reference excluding Section 8; and

(ii) Chapters VII and VIII of Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids ASME B3l.4-2002), adopted by reference in (b)(1) of this section; and

(D) for all flow lines, procedures to review proposed changes in operations to evaluate potential impacts on pipe integrity.

(e) Line markers shall be installed no later than December 30, 2007 and maintained over each onshore flow line at each road crossing and at one-mile intervals along the remainder of the pipe to identify and, for buried pipe, properly locate each flow line.

(f) On or after December 30, 2006, flow lines removed from service for more than one year must be free of accumulated oil and isolated from the system. The owner or operator shall notify the department when flow lines are removed from service and when the actions required by this subsection are completed. For purposes of this subsection, a flow line removed from service is free of accumulated oil if

(1) in the case of a piggable pipe, a cleaning pig is run through the pipe;

(2) in the case of a pipe that is not piggable but that can be drained entirely of its contents by gravity, the pipe is completely drained of oil; or

(3) in all other cases, air is blown through the pipe or another method is used to flush or evacuate standing oil accumulated in low spots.

(g) Aboveground flow lines must be supported consistent with the requirements of Paragraph 421 of Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (ASME B31.4-2002), adopted by reference in (b)(1) of this section.

(h) The owner or operator shall verify compliance with the requirements of (c) and (d)(2) of this section by documentation, including

(1) for corrosion control measures under (c) of this section, documentation to validate the effectiveness of those measures, including

(A) dates and locations of inspections and tests;

(B) inspections and test data evaluation including analysis of

(i) weight loss coupons and electrical resistance probes; and

(ii) corrosion inspections;

(D) analysis of corrosion trends that affect the fitness for service of the flow line; and

(E) a list and description of repair activities undertaken; and

(2) for a preventative maintenance program under (d)(2) of this section, documentation to validate the effectiveness of that program, including

(A) the procedures for program implementation under (d)(2) of this section;

(B) dates and locations of inspections and tests;

(C) inspections and test data evaluation including analysis, pipewall thickness measurements, and remaining life calculations; and

(D) internal audit procedures of the program, including descriptions of controls and corrections for identified defects.

(i) In this section,

(1) "buried" means covered or in contact with soil;

(2) "defects"

(A) means an imperfection listed in Paragraph 451.6.2 of Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids (ASME B.31.4-2002), adopted by reference in (b)(1) of this section; and

(B) has the meaning given in Section 3.10 of Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-service Piping Systems (API 570), adopted by reference in (d)(2) of this section;

(3) "removed from service" means not in regular use for the service intended and not included in a regular maintenance and inspection program in accordance with (c) and (d) of this section;

(4) "submerged" means located below the surface of waters of the state.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 12/30/2006, Register 180; am 3/23/2017, Register 221

18 AAC 75.055 Leak detection, monitoring, and operating requirements for crude oil transmission pipelines

(a) A crude oil transmission pipeline must be equipped with a leak detection system capable of promptly detecting a leak, including

(1) if technically feasible, the continuous capability to detect a daily discharge equal to not more than one percent of daily throughput;

(2) flow verification through an accounting method, at least once every 24 hours; and

(3) for a remote pipeline not otherwise directly accessible, weekly aerial surveillance, unless precluded by safety or weather conditions.

(b) The owner or operator of a crude oil transmission pipeline shall ensure that the incoming flow of oil can be completely stopped within one hour after detection of a discharge.

(c) If aboveground oil storage tanks are present at the crude oil transmission pipeline facility, the owner or operator shall meet the applicable requirements of 18 AAC 75.065, 18 AAC 75.066, and 18 AAC 75.075.

(d) For facility oil piping connected to or associated with the main crude oil transmission pipeline the owner or operator shall meet the requirements of 18 AAC 75.080.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/30/2006, Register 180

18 AAC 75.065 Field-constructed aboveground oil storage tank requirements

(a) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator of an oil terminal, crude oil pipeline, exploration, or production facility shall maintain and inspect each field-constructed aboveground oil storage tank consistent with the requirements, as appropriate, of the American Petroleum Institute's (API)

(1) Tank Inspection, Repair, Alteration, and Reconstruction, Fifth Edition, November 2014, Addendum 1, April 2018, and Addendum 2, May 2020, adopted by reference; or

(2) Installation, Operation, Maintenance, Inspection, and Repair of Tanks in Production Service, Sixth Edition, March 2020 (API RP 12R1), adopted by reference.

(b) Inspection intervals for a field-constructed aboveground oil storage tank

(1) may be reduced by the department

(A) for a field-constructed aboveground oil storage tank older than 30 years;

(B) for a field-constructed aboveground oil storage tank that is riveted or bolted;

(C) for a field-constructed aboveground oil storage tank with demonstrated structural, corrosion, or foundation problem; or

(D) after a significant seismic event;

(2) may be extended if a request to extend an initial internal tank inspection interval beyond 10 years is submitted to the department for review and is approved; the request must document that it is based on Table 6.1 of Tank Inspection, Repair, Alteration, and Reconstruction (API 653), adopted by reference in (a) of this section; and

(3) may be based upon risk-based inspection, as specified in Section 6.4.2.2.2 of Tank Inspection, Repair, Alteration, and Reconstruction (API 653), adopted by reference in (a) of this section; the assessment must be signed by a registered engineer, and the inspection schedule interval may not exceed 30 years.

(A) a quantitative risk assessment, signed by a registered engineer and conducted in accordance with the American Petroleum Institute's (API) Risk-Based Inspection, First Edition, May 2002 (API RP 580), adopted by reference; and

(B) an inspection schedule with inspection intervals not to exceed 30 years.

(c) An onshore elevated field-constructed aboveground oil storage tank whose configuration allows external inspection of more than 50 percent of the tank bottom is not required to undergo an internal inspection if

(1) an external integrity inspection is substituted, and performed in accordance with Tank Inspection, Repair, Alteration, and Reconstruction (API 653), adopted by reference in (a) of this section, or Recommended Practice for Setting, Maintenance, Inspection, Operation, and Repair of Tanks in Production Service (API RP 12R1), adopted by reference in (a) of this section; and

(2) the external integrity inspection includes an inspection and a nondestructive integrity test of the tank, including the tank bottom.

(d) The owner or operator of an aboveground oil storage tank shall maintain records and documentation of

(1) inspections, except as provided in (2) of this subsection, for the service life of the tank;

(2) routine in-service inspections required by Section 6.3.1 of Tank Inspection, Repair, Alteration, and Reconstruction (API 653), adopted by reference in (a) of this section, and tests and inspections required by (l) of this section, for five years; and

(3) a completed Annex L API 650 Storage Tank Data Sheet of the American Petroleum Institutes (API) Welded Tanks for Oil Storage (API 650), adopted by reference in (q)(l) of this section, to support an initial internal inspection interval established under (b)(2) of this section for the service life of the tank.

(e) The owner or operator shall notify the department

(1) as soon as practical before a field-constructed aboveground oil storage tank undergoes major repair or major alteration, as defined in Section 3.22 of Tank Inspection, Repair, Alteration, and Reconstruction (API 653), adopted by reference in (a) of this section; and

(2) before a field-constructed aboveground oil storage tank resumes service following major repair or major alteration, as defined in Section 3.22 of Tank Inspection, Repair, Alteration, and Reconstruction (API 653), adopted by reference in (a) of this section.

(f) A field-constructed aboveground oil storage tank served by an internal steam heating system must be designed to control leakage through defective heating coils. Condensate lines must be monitored, passed through an oil separating device, or passed through a retention system.

(g) An internal lining system installed and used to control corrosion or to meet the requirements of (h) of this section must be installed in accordance with the American Petroleum Institute's (API)

(1) Lining of Aboveground Petroleum Storage Tank Bottoms, First Edition, 1991 (API RP 652), adopted by reference, for an internal lining system installed before December 30, 2008;

(2) Linings of Aboveground Petroleum Storage Tank Bottoms, Third Edition, October 2005 (API RP 652), adopted by reference, for an internal lining system installed on or after December 30, 2008 and before May 17, 2022; or

(3) Linings of Aboveground Petroleum Storage Tank Bottoms, Fifth Edition, May 2020 (API RP 652), adopted by reference, for an internal lining system installed on or after May 17, 2022.

(h) An owner or operator of an installation placed in service before May 14, 1992 shall

(1) equip each field-constructed aboveground oil storage tank with one or more of the following:

(A) a leak detection system that an observer from outside the tank can use to detect leaks in the bottom of the tank, such as secondary catchment under the tank bottom with a leak detection sump, a sensitive gauging system, or another leak detection system approved by the department;

(B) cathodic protection in accordance with the American Petroleum Institute's (API) Cathodic Protection of Aboveground Petroleum Storage Tanks, First Edition, 1991 (API RP 651), adopted by reference;

(C) a thick film liner in accordance with Linings of Aboveground Petroleum Storage Tank Bottoms, First Edition, 1991 (API RP 652), adopted by reference in (g)(1) of this section;

(D) another leak detection or spill prevention system approved by the department; and

(2) operate and maintain, after December 30, 2007, and before November 18, 2021, the cathodic protection system on each field-constructed aboveground oil storage tank consistent with Section 11 of Standard Recommended Practice: External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms (NACE RP0193-2001), adopted by reference in (j) of this section; a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard; and

(3) on or after November 18, 2021, operate and maintain the cathodic protection system of each field-constructed aboveground oil storage tank consistent with Section 11 of NACE International's Standard Practice: Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (NACE SP0193-2016), adopted by reference; a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard.

(i) The owner or operator of an installation placed in service on or after May 14, 1992 and before December 30, 2008 shall meet each of the following requirements:

(1) each field-constructed aboveground oil storage tank must be constructed and installed in compliance with

(A) the American Petroleum Institute's (API)

(i) Welded Steel Tanks for Oil Storage, Eighth Edition, 1988 (API 650), adopted by reference;

(ii) Specification for Field Welded Tanks for Storage of Production Liquids, Ninth Edition, 1989 (API Spec 12D), adopted by reference;

(iii) Specification for Shop Welded Tanks for Storage of Production Liquids, 10th Edition, 1989 (API Spec 12F), adopted by reference; or

(iv) Specification for Fiberglass Reinforced Tanks, First Edition, 1986 (API Spec 12P), adopted by reference; or

(B) another equivalent standard approved by the department;

(2) repealed 11/18/2021;

(3) a cathodic protection or another approved corrosion control system must be installed, to protect the bottom of each field-constructed aboveground oil storage tank from external corrosion where local soil conditions warrant;

(A) on or after December 30, 2007 and before November 18, 2021, operation and maintenance of the cathodic protection system must be consistent with Section 11 of External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms (NACE RP 0193-2001), adopted by reference in (j) of this section; a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard; and

(B) on or after November 18, 2021, operation and maintenance of the cathodic protection system must be consistent with Section 11 of Standard Practice: Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (NACE SP0193-2016), adopted by reference in (h) of this section; a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard.

(4) each field-constructed aboveground oil storage tank must be equipped with one or more of the following leak detection systems that an observer from outside the tank can use to detect leaks in the bottom of the tank:

(A) secondary catchment under the tank bottom with a leak detection sump;

(B) a sensitive gauging system;

(j) An owner or operator of an installation placed in service after December 30, 2008 and before November 18, 2021 shall meet each of the following requirements, except as provided in (3)(D) of this subsection:

(1) each field-constructed aboveground oil storage tank must be constructed and installed in compliance with

(A) the American Petroleum Institute's (API) Welded Steel Tanks for Oil Storage, 10th Edition, November 1998, Addendum 1, January 2000, Addendum 2, November 2001, and Addendum 3, September 2003 (API 650), adopted by reference;

(B) the American Petroleum Institute's (API) Specification for Field Welded Tanks for Storage of Production Liquids, 10th Edition, November 1994 (API Spec 12D), adopted by reference; or

(2) repealed 11/18/2021;

(3) a cathodic protection system or another approved corrosion control system shall be installed to protect the bottom of each field-constructed aboveground oil storage tank from external corrosion unless deemed not necessary by an evaluation conducted by a corrosion expert in accordance with Chapter 5 of the American Petroleum Institute's (API) Cathodic Protection of Aboveground Petroleum Storage Tanks, Second Edition, December, 1997 (API RP 651), adopted by reference; a cathodic protection system must be

(A) designed by a corrosion expert;

(B) installed under the supervision of a corrosion expert in accordance with NACE International's Standard Recommended Practice: External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms (NACE RP0193-2001), adopted by reference;

(C) installed in accordance with Standard Recommended Practice: External Cathodic Protection of On-Grade Carbon Steel Storage Tank Bottoms, (NACE RP0193-2001), adopted by reference in (B) of this paragraph; and

(D) operated and maintained on or after November 18, 2021 in accordance with Standard Practice: Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (NACE SP0193-2016), adopted by reference in (h) of this section; a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard; and

(4) each field-constructed aboveground oil storage tank must be equipped with

(A) a leak detection system that

(i) an observer from outside the tank can use to detect leaks in the bottom of the tank; and

(ii) is designed and installed in accordance with Appendix I of Welded Steel Tanks for Oil Storage (API 650), adopted by reference in (1) of this subsection; or

(B) another leak detection system approved by the department.

(5) the requirements of (3) of this subsection do not apply to elevated tanks.

(k) In addition to meeting the applicable requirements of 18 AAC 75.025, and except as required in (1) of this subsection, the owner or operator of a field-constructed aboveground oil storage tank shall ensure that one or more of the following means of preventing overfilling is provided:

(1) high liquid level alarms with signals that sound and display in a manner immediately recognizable by personnel conducting a transfer; an installation placed in service after December 30, 2008 must be in compliance with this paragraph, regardless of whether another means of preventing overfilling is provided;

(2) high liquid level automatic pump shutoff devices set to stop flow at a predetermined tank content level;

(3) a means of immediately determining the liquid level of each bulk storage tank, if the liquid level is closely monitored during a transfer;

(4) a system approved by the department which will immediately notify the operator of high liquid levels.

(l) Overfill protection devices must be tested before each transfer operation or monthly, whichever is less frequent. If monthly testing would necessitate interrupting the operation of a system subject to continuous flow, the owner or operator may substitute monthly inspection and annual testing for the monthly testing of overfill protection devices.

(m) An owner or operator who installs a cathodic protection system

(1) after December 30, 2008 and before May 17, 2022 on a field-constructed aboveground oil storage tank shall meet the applicable requirements of (j)(3) of this section; and

(2) on or after May 17, 2022 on a field-constructed aboveground oil storage tank shall meet the applicable requirements of (q)(3)(A) of this section.

(n) An owner or operator shall maintain the cathodic protection test lead wires on a field-constructed aboveground oil storage tank in a condition that enables electrical measurements to determine the effectiveness of a cathodic protection system.

(o) A field-constructed aboveground oil storage tank removed from service for more than one year must be free of accumulated oil, marked with the words "Out of Service" and the date taken out of service, secured in a manner to prevent unauthorized use, and either blank flanged or otherwise disconnected from facility piping. The owner or operator shall notify the department when a tank is removed from service and when the actions required by this subsection are completed. In this subsection, "removed from service" means not in regular use for the service intended and not included in a regular maintenance and inspection program in accordance with this section.

(p) A field-constructed aboveground oil storage tank placed in service on or after May 14, 1992 may not be of riveted or bolted construction.

(q) An owner or operator of an installation placed in service on or after May 17, 2022 shall meet the following requirements:

(1) each field-constructed aboveground oil storage tank must be constructed and installed in compliance with

(A) the American Petroleum Institute's (API) Welded Tanks for Oil Storage, 13th Edition, March 2020, Errata 1, January 2021 (API 650), adopted by reference;

(B) the American Petroleum Institute's (API) Specifications for Field Welded Tanks for Storage of Production Liquids, 12th Edition, June 2017, (API Spec. 12D), adopted by reference; or

(2) each field-constructed aboveground oil storage tank must be equipped with a leak detection system that is designed and installed in accordance with Annex I of Welded Tanks for Oil Storage (API 650), adopted by reference in (1)(A) of this subsection; and

(3) one of the following systems must be installed to protect the bottom of each field-constructed aboveground oil storage tank from external corrosion:

(A) a cathodic protection system unless determined not necessary by an evaluation conducted by a corrosion expert consistent with Chapter 5 of the American Petroleum Institute's (API) Cathodic Protection of Aboveground Petroleum Storage Tanks, Fourth Edition, September 2014 (API RP 651), adopted by reference; with the exception that these requirements do not apply to elevated tanks, a cathodic protection system must be

(i) designed by a corrosion expert;

(ii) installed under the supervision of a corrosion expert;

(iii) installed, operated, and maintained in accordance with Standard Practice: Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (NACE SP0I93-2016), adopted by reference in (h) of this section; a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard; or

(B) a corrosion control system approved by the department as an alternate to the cathodic protection system described in (A) of this paragraph, unless determined not necessary by an evaluation conducted by a corrosion expert consistent with Chapter 5 of the American Petroleum Institute's (API) Cathodic Protection of Aboveground Petroleum Storage Tanks, Fourth Edition, September 2014 (API RP 651), adopted by reference.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 5/26/2004, Register 170; am 12/30/2006, Register 180; am 3/23/2017, Register 221; am 11/18/2021, Register 240

18 AAC 75.066 Shop-fabricated aboveground oil storage tanks

(a) The owner or operator of a shop-fabricated aboveground oil storage tank placed in service

(1) on or before December 30, 2008 shall meet the requirements of (f) - (h) of this section;

(2) after December 30, 2008 and before May 17, 2022 shall meet the requirements of (b) - (h) of this section; or

(3) on or after May 17, 2022 shall meet the requirements of (c) - (j) of this section.

(b) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator shall meet each of the following requirements:

(1) each shop-fabricated aboveground oil storage tank is constructed and installed in compliance with

(A) Underwriters Laboratories' (UL) Steel Aboveground Tanks for Flammable and Combustible Liquids, Eighth Edition, dated July 11, 2002 (UL 142), adopted by reference;

(B) Appendix J of the American Petroleum Institute's (API) Welded Steel Tanks for Oil Storage, 10th Edition, November 1998, Addendum 1, January 2000, Addendum 2, November 2001, and Addendum 3, September 2003 (API 650), adopted by reference;

(C) the American Petroleum Institute's (API) Specification for Shop Welded Tanks for Storage of Production Liquids, 11th Edition, November 1994 (API Spec 12F), adopted by reference;

(D) the Steel Tank Institute's (STI) Standard for Aboveground Tanks with Integral Secondary Containment, revised as of October 21, 2004 (STI F921-03), adopted by reference;

(E) Underwriters Laboratories' (UL) Protected Aboveground Tanks for Flammable and Combustible Liquids, Second Edition, revised as of December 1, 1999 (UL 2085), adopted by reference; or

(2) the design of a shop-fabricated aboveground oil storage tank is certified by a registered engineer, and approved by the department as equivalent to a design for which a standard listed in (1) of this subsection is used.

(1) a discrete secondary containment vault system

(A) constructed of

(i) seamless, poured concrete that is sealed or lined;

(ii) welded carbon or stainless metal; or

(iii) other impermeable material; and

(B) able to contain 100 percent of the volume of the tank plus any necessary allowance for precipitation; and

(2) sufficient personnel access to allow full physical inspection of all sides of the tank.

(d) The owner or operator of a self-diked shop-fabricated aboveground oil storage tank shall ensure that the tank

(1) has access that allows visual inspection for corrosion or damage to the

(A) outer shell of the storage tank; and

(B) interior surfaces of the integral secondary containment dike;

(2) has, at each tank fill connection, a fixed spill containment system designed to prevent a discharge when a transfer hose or pipe is detached from the tank fill pipe or to divert that discharge into the secondary containment dike;

(3) is equipped with a system for freeing water or spilled fuel from the integral dike and for regular maintenance in accordance with 18 AAC 75.075(c) and (d); and

(4) is equipped with an operating interstitial monitoring system that enables an observer from outside the tank to detect oil leaks from the tank bottom and water accumulation within the secondary containment area.

(e) The owner or operator of a double-walled shop-fabricated aboveground oil storage tank shall ensure that the tank is equipped

(1) with an operating interstitial monitoring system that enables an observer from outside the tank to detect oil leaks and water accumulation;

(2) at each tank fill connection with a fixed spill containment system designed to prevent a discharge when a transfer hose or pipe is detached from the tank fill pipe; and

(3) with a system for freeing water or spilled fuel from the interstitial space and for regular maintenance in accordance with 18 AAC 75.075(c) and (d).

(f) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator of an oil terminal facility, crude oil pipeline, exploration facility, or production facility shall ensure that one of the following standards is used for the maintenance and inspection of each shop-fabricated aboveground oil storage tank:

(1) the Steel Tank Institute's (STI) Standard for the Inspection of Aboveground Storage Tanks, Sixth Edition, January 2018 (STI SP001), adopted by reference;

(2) the American Petroleum Institute's (API) Tank Inspection, Repair, Alteration, and Reconstruction, Fifth Edition, November 2014, Addendum 1, April 2018, and Addendum 2, May 2020 (API 653), adopted by reference; or

(3) another equivalent standard approved by the department.

(g) In addition to meeting the applicable requirements of 18 AAC 75.025, the owner or operator of a shop-fabricated aboveground oil storage tank

(1) shall ensure that the tank is equipped with one or more of the following means of preventing discharges:

(A) high liquid level alarms with signals that sound and display in a manner immediately recognizable by personnel conducting a transfer;

(B) high liquid level automatic pump shutoff devices set to stop flow at a predetermined tank content level;

(C) a means of immediately determining the liquid level of each bulk storage tank, if the liquid level is closely monitored during a transfer;

(D) a system approved by the department which will immediately notify the operator of high liquid levels; and

(2) placed in service after December 30, 2008 shall equip each tank fill connection with a fixed spill containment system designed to prevent a discharge when a transfer hose or pipe is detached from the tank fill pipe.

(h) The owner or operator of a shop-fabricated above ground oil storage tank shall ensure that each discharge prevention device for the tank is tested before each transfer operation or monthly, whichever is less frequent. If monthly testing would necessitate interrupting the operation of a system subject to continuous flow, the owner or operator may substitute monthly inspection and annual testing for the monthly testing of overfill protection devices.

(i) A shop-fabricated aboveground oil storage tank that is not elevated must be equipped with

(1) a leak detection system, designed and installed in accordance with Annex I of the American Petroleum Institute's (API) Welded Tanks for Oil Storage (API 650), adopted by reference in (j) of this section; and

(2) one of the following systems, installed to protect the bottom of each shop-fabricated aboveground oil storage tank from external corrosion:

(A) a cathodic protection system, unless determined not necessary by an evaluation conducted by a corrosion expert consistent with Chapter 5 of the American Petroleum Institute's (API) Cathodic Protection of Aboveground Petroleum Storage Tanks, Fourth Edition, September 2014 (API RP 651), adopted by reference; a cathodic protection system must be

(i) designed by a corrosion expert;

(ii) installed under the supervision of a corrosion expert; and

(iii) installed, operated, and maintained in accordance with Standard Practice: Application of Cathodic Protection to Control External Corrosion of Carbon Steel On-Grade Storage Tank Bottoms (NACE SP0193-2016), adopted by reference in 18 AAC 75.065(h); a corrosion expert or qualified cathodic protection tester shall perform a cathodic protection survey specified under that standard; or

(B) a corrosion control system approved by the department as an alternate to the cathodic protection system described in (A) of this paragraph, unless determined not necessary by an evaluation conducted by a corrosion expert consistent with Chapter 5 of Cathodic Protection of Aboveground Petroleum Storage Tanks (API RP 651), adopted by reference in (A) of this paragraph.

(j) Unless the owner or operator must comply with a more stringent requirement set out in this section, each shop-fabricated aboveground oil storage tank must be constructed and installed in compliance with one of the following standards:

(1) Underwriters Laboratories' (UL) Steel Aboveground Tanks for Flammable and Combustible Liquids, 10th Edition, dated May 17, 2019 (UL 142), adopted by reference;

(2) Welded Tanks for Oil Storage, (API 650) adopted by reference in 18 AAC 75.065(q);

(3) the American Petroleum Institute's (API) Specification for Shop-welded Tanks for Storage of Production Liquids, 13th Edition, January 2019 (API Spec. 12F), adopted by reference; or

(4) another equivalent standard approved by the department.

(k) Shop-fabricated aboveground oil storage tanks with a storage capacity of less than 75,000 gallons must meet the requirements under this section. Shop-fabricated aboveground oil storage tanks placed in service on or after November 18, 2021 with a storage capacity of 75,000 gallons or greater must meet the requirements under 18 AAC 75.065.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 12/30/2006, Register 180; am 10/27/2018, Register 228; am 11/18/2021, Register 240

18 AAC 75.075 Secondary containment requirements for aboveground oil storage tanks

(a) Onshore aboveground oil storage tanks must be located within a secondary containment area that has the capacity to hold the volume of the largest tank within the containment area, plus enough additional capacity to allow for local precipitation. Minimum secondary containment system requirements include

(1) berms, dikes, or retaining walls that are constructed to prevent the release of spilled oil from within the containment area; and

(2) with the exception of the area under a tank, components constructed of, or lined with, materials that are

(A) adequately resistant to damage by the products stored to maintain sufficient impermeability;

(B) resistant to damage from prevailing weather conditions;

(D) resistant to operational damage.

(b) In locations where physically feasible, aboveground oil storage tank areas at an offshore exploration or production facility must incorporate a secondary containment method to prevent oil spills from entering the water.

(c) A secondary containment system must be maintained free of debris, vegetation, excessive accumulated water, or other materials or conditions that might interfere with the effectiveness of the system. Facility personnel shall visually check for the presence of oil leaks or spills within secondary containment areas during routine operations, and, unless precluded by safety concerns or weather conditions, shall conduct documented weekly inspections of secondary containment areas, including checking for

(1) debris and vegetation;

(2) proper alignment and operation of drain valves;

(3) visible signs of oil leaks or spills; and

(4) defects or failures of the secondary containment system.

(d) Drainage of water accumulations from secondary containment areas that discharge directly to the land or waters of the state must be controlled by locally operated, positive close failsafe valves or other positive means to prevent a discharge. Valves must be kept closed and locked when not in use. The owner or operator shall inspect accumulated water before discharging it from a secondary containment area to ensure that no oil will be discharged and shall keep for five years a written record of each drainage operation and whether a sheen was present or not. A discharge of water to land is subject to a cleanup plan approved under 18 AAC 75.360, a corrective action plan approval under 18 AAC 78.260, or a wastewater discharge permit issued under 18 AAC 72. If the discharge of water from a secondary containment area is to surface waters or wetlands, either a permit under 18 AAC 72, a permit under 18 AAC 83, or a certified NPDES permit under 18 AAC 15.120 may be required.

(e) An installation placed in service on or after May 14, 1992 is subject to the following:

(1) impermeable liners or double bottoms that are chemically resistant to damage by the product being stored in the tank must be installed under all tanks, except for tanks containing viscous products exceeding 400 SUS (Saybolt Universal System) at storage temperatures; and

(2) drains and other penetrations through secondary containment areas must be minimized consistent with facility operational requirements.

(f) At an installation placed in service before May 14, 1992, in the event of a known or suspected discharge, the department may require installation of monitoring wells to detect oil or other hazardous substances in the groundwater if the local geology and groundwater conditions allow installation of monitoring wells, and if monitoring wells will not substantially increase the risk of contaminating groundwater.

(g) The owner or operator of rail tank car and tank truck loading areas and permanent unloading areas must ensure that those loading and unloading areas

(1) have a secondary containment system designed to contain the maximum capacity of any single compartment of the tank car or tank truck, including containment curbing and a trenching system or drains with drainage to a collection tank or device designed to handle a discharge;

(2) are paved, surfaced, or lined with sufficiently impermeable materials;

(3) are maintained free of debris, vegetation, excess accumulated water, or other materials or conditions that might interfere with the effectiveness of the system; and

(4) have warning lights, warning signs, or a physical barrier system to prevent premature vehicular movement.

(5) are visually inspected before any transfer operation or at least monthly.

(h) Shop-fabricated aboveground oil storage tanks of a vaulted, self-diked, or double-walled design meeting the requirements of 18 AAC 75.066(c), (d), or (e) are not required to be placed within bermed, lined, secondary containment areas if those tanks are equipped with catchments that positively hold any fuel overflow due to tank overfill or divert it into an integral secondary containment area.

(i) Repealed 2/5/2023.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/30/2006, Register 180; am 2/5/2023, Register 245

18 AAC 75.080 Requirements for facility oil piping

(a) The owner or operator of an oil terminal, crude oil transmission pipeline, exploration facility, or production facility shall ensure that all facility oil piping associated with that facility meets the requirements of this section.

(b) The owner or operator shall maintain metallic facility oil piping containing oil in accordance with a written corrosion control program.

(c) Unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator shall ensure that facility oil piping placed in service after December 30, 2008 is designed and constructed in accordance with one of the following standards, as appropriate:

(1) American Society of Mechanical Engineers, Process Piping, 2004 Edition (ASME B31.3-2004), adopted by reference;

(2) American Society of Mechanical Engineers, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids, 2002 Edition (ASME B31.4-2002), adopted by reference;

(3) American Society of Mechanical Engineers, Gas Transmission and Distribution Piping Systems, 2003 Edition (ASME B31.8-2003), adopted by reference;

(4) another equivalent standard approved by the department.

(d) The owner or operator shall ensure that buried metallic facility oil piping placed in service between May 14, 1992 and December 30, 2008 is protected from corrosion by installing protective coating and cathodic protection appropriate for local soil conditions, and is of all welded construction with no clamped, threaded, or similar connections for lines larger than a one inch nominal pipe size.

(e) The owner or operator shall ensure that buried facility oil piping placed in service after December 30, 2008

(1) is of all welded construction with no clamped, threaded, or similar connections for lines larger than a one inch nominal pipe size; and

(2) unless constructed of a corrosion-resistant material approved by the department, is

(A) protected from corrosion by installing protective coating; and

(B) cathodically protected in accordance with (f) of this section.

(f) The owner or operator shall ensure that, after December 30, 2008, cathodic protection systems installed on facility oil piping are

(1) consistent with NACE International's Standard Recommended Practice: Control of External Corrosion on Underground or Submerged Metallic Piping Systems, 2002 edition (NACE RP0169-2002), adopted by reference;

(2) designed by a corrosion expert; and

(3) installed under the supervision of a corrosion expert.

(g) The owner or operator shall ensure that, if a piping segment of a buried facility oil piping installation is exposed for any reason, the segment is carefully examined for damaged coating or corroded piping in accordance with Section 9.2.6 of Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-service Piping Systems (API 570), adopted by reference in (j) of this section. If active corrosion is found during that examination,

(1) the owner or operator shall implement actions for control of future corrosion; and

(2) significant repairs or replacements must meet the requirements of (c) and (e) of this section.

(h) An owner or operator of a buried facility oil piping installation of metallic construction without cathodic protection shall ensure that the piping

(1) is electrically inspected by a corrosion expert for active corrosion at least once every three years, but with intervals between inspection not exceeding 39 months; and

(2) in areas in which active corrosion is found, is cathodicaily protected in accordance with (d) or (f) of this section, as appropriate.

(i) The owner or operator shall ensure that aboveground facility oil piping is supported consistent with the requirements of Paragraph 321 of Process Piping (ASME B31.3-2004), adopted by reference in (c) of this section.

(j) After December 30, 2007, unless the owner or operator must comply with a more stringent requirement set out in this section, the owner or operator shall ensure that all facility oil piping is maintained and inspected under

(1) a program developed in accordance with the requirements of the American Petroleum Institute's (API) Piping Inspection Code: Inspection, Repair, Alteration, and Rerating of In-service Piping Systems, Second Edition, October 1998, Addendum 1, February 2000, Addendum 2, December 2001, and Addendum 3, August 2003 (API 570), adopted by reference; or

(2) another equivalent program approved by the department.

(k) Unless the owner or operator must comply with a more stringent requirement set out in this section, the operation and maintenance of a cathodic protection system on facility oil piping must

(1) be consistent with Section 10 of Standard Recommended Practice: Control of External Corrosion on Underground or Submerged Metallic Piping Systems (NACE RP0169-2002), adopted by reference in (f) of this section;

(2) include a cathodic protection survey by a corrosion expert or qualified cathodic protection tester; and

(3) include maintenance of test lead wires, in a condition that enables electrical measurements to be taken to determine the effectiveness of a cathodic protection system.

(l) The owner or operator of aboveground facility oil piping, other than piping specified in (m) of this section, shall ensure that the piping is protected from atmospheric corrosion by the application of a protective coating or by the use of corrosion-resistant material unless the owner or operator demonstrates by test, investigation, or experience appropriate to the environment of the piping segment that the anticipated extent of corrosion will

(1) only be a light surface oxide; or

(2) not affect the safe operation of the piping before the next scheduled inspection under a program developed under (j) of this section.

(m) an owner or operator shall ensure that aboveground facility oil piping is protected against external corrosion through the application of a protective coating or by the use of corrosion-resistant materials for piping

(1) located outside a sufficiently impermeable deck onboard a marine structure; or

(2) at a soil-to-air interface.

(n) The owner or operator of aboveground facility oil piping and valves shall ensure that the piping and valves are

(1) visually checked for leaks or damage during routine operations or at least monthly; and

(2) appropriately protected from damage by vehicles.

(o) The owner or operator of facility oil piping that is removed from service for more than one year shall ensure that the facility oil piping is free of accumulated oil, identified as to origin, marked on the exterior with the words "Out of Service" and the date taken out of service, secured in a manner to prevent unauthorized use, and either blank flanged or otherwise isolated from the system. For piping removed from service after December 30, 2006, the owner or operator shall notify the department when facility oil piping is removed from service and when the actions required by this subsection are completed.

(p) In this section,

(1) "active corrosion" means continuing corrosion that, unless controlled, could result in a spill;

(2) "buried" means covered or in contact with soil;

(3) "protective coating" means a durable external coating that is applied to piping and that

(A) isolates the external surface of the piping from the environment;

(B) has sufficient adhesion to effectively resist underfilm migration of moisture;

(C) is sufficiently ductile to resist cracking in the range of temperatures encountered during bending, handling, installation, and operation;

(D) has sufficient strength and adhesion, or is otherwise protected, to resist mechanical damage;

(E) resists degradation throughout the range of temperatures encountered during storage, shipping, construction, and operation; and

(F) is compatible with the cathodic protection system in use on the piping;

(4) "removed from service" means not in regular use for the service intended and not included in a regular maintenance and inspection program in accordance with (j) of this section;

(5) "submerged" means located below the surface of waters of the state.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 12/30/2006, Register 180; am 3/23/2017, Register 221; am 10/27/2018, Register 228

18 AAC 75.085 Requirements for railroad tank cars and operations by rail

In addition to the applicable requirements of 18 AAC 75.007 - 18 AAC 75.025, the owner or operator of a railroad tank car shall ensure that

(1) the tank car meets all applicable federal specifications;

(2) the operation and transport of railroad tank cars by railroad, at a minimum, meet all applicable federal operating and transport criteria and practices;

(3) if the tank car is subject to the federal inspection and maintenance reporting requirements of 49 C.F.R. 180.501 - 180.519, the required reports are available for review by the department upon request;

(4) the transporting railroad maintains avalanche detection and mitigation systems designated to address local avalanche hazards to the safe transportation of railroad tank cars; and

(5) the transporting railroad maintains an appropriate system of track-mounted detectors designed to detect defects on railroad tank cars during transit.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 12/14/2002, Register 164

18 AAC 75.090 Recommended practices

Repealed.

History

Eff. 5/14/92, Register 122; repealed 12/30/2006, Register 180

Article 2 Financial Responsibility for Oil Discharges

18 AAC 75.205 Application for approval

(a) Subject to the exemptions provided under AS 46.04.050 and (d) of this section, an application for approval of proof of financial responsibility under AS 46.04.040 or 46.04.055, including an application for renewal of approval under 18 AAC 75.225, must be submitted to the department by the following responsible party:

(1) for an oil terminal facility that has a storage capacity of 5,000 barrels or more of crude oil or 10,000 barrels or more of noncrude oil as provided in AS 46.04.050(a), by the owner or operator of the facility;

(2) for a railroad tank car, by the owner or operator of the railroad tank car;

(3) for a vessel, by

(A) the charterer, if the vessel is chartered by demise;

(B) the operator of the vessel;

(C) the owner of the vessel, if the agents or employees of the owner retain control and responsibility for the operation of the vessel; or

(D) in any other case, the person with primary operational control;

(4) for an exploration or production facility, whether mobile or fixed, by the operator or one or more lease holders;

(5) for a pipeline facility, by the operator or one or more lease holders;

(6) for a group of vessel or facility owners or operators who have agreed to pool their resources to provide proof of financial responsibility for each other, by a designated person in the group.

(b) Applications under this section and renewal applications under 18 AAC 75.225 must be made on a form supplied by the department. The following conditions apply, as appropriate, to an application:

(1) an applicant must furnish the department with the appropriate documents listed in the "financial responsibility application and checklist" supplied by the department;

(2) except for a nontank vessel, the completed and signed application must be submitted to the department at least 30 days, but no earlier than 90 days before operations are proposed to begin; the department will, in its discretion, expedite its review of an application if circumstances warrant;

(3) for a nontank vessel, the completed and signed application must be received by the department at least 15 days, but no earlier than 90 days, before operations are proposed to begin; the department will accept an application received less than 15 days before operations are proposed to begin and expedite the review of the application, if the

(A) application is received at least five days before operations are proposed to begin; and

(B) applicant demonstrates that unanticipated circumstances prevent the applicant from meeting the 15-day deadline under this paragraph;

(4) if the applicant is an agency of the United States or this state whose debts and liabilities are the debts and liabilities of the United States or this state, proof of financial responsibility is not required, but the "financial responsibility application and checklist" must be submitted to the department in accordance with the time frames established under this section;

(5) an applicant may submit a combined application for more than one vessel or facility;

(6) an approval may not be assigned to another person, and may not be transferred from one vessel or facility to another; an attempted assignment or transfer of an approval voids the approval;

(7) all forms of proof of financial responsibility must be in effect before operations begin; an approval will not be given on pending coverage.

(c) Applications submitted under this section and renewal applications submitted under 18 AAC 75.225 must be signed as follows:

(1) in the case of 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 facility or operation;

(2) in the case of a partnership, by a general partner;

(3) in the case of a sole proprietorship, by the proprietor;

(4) in the case of a municipal, state, federal, or other public facility, by a principal executive officer, ranking elected official, or other authorized employee;

(5) in the case of a combined application, by an appropriate representative of each party to the application;

(6) in the case of a joint venture, by the operator;

(7) by an agent who has been delegated that authority by the responsible party under (a) of this section on a form supplied by the department; and

(8) for a limited liability company, by a member.

(d) The department will, in its discretion, approve an application for an exemption from the proof of financial responsibility requirements of AS 46.04.040(c) and 46.04.055(a) if the owner or operator of a vessel that is conducting, or is available only for conducting, an oil discharge response operation submits to the department

(1) a written explanation, to the department's satisfaction, requesting the exemption, giving details of the time period during which the exemption is requested for each vessel for the oil discharge response operation; and

(2) a completed "application for exemption from financial responsibility" form.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/28/2000, Register 156; am 11/27/2002, Register 164; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 10/1/2023, Register 247

18 AAC 75.215 Applications submitted by facsimile or electronic mail

The department will accept an application by electronic mail. Original documentation for self-insurance under 18 AAC 75.245 or a guaranty under 18 AAC 75.260 must be submitted to the department by registered or certified mail or by courier and must be postmarked or dated by courier within two working days after it was sent by electronic mail.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/28/2000, Register 156; am 9/4/2014, Register 211; am 10/1/2023, Register 247

18 AAC 75.220 Application for amendment

The owner or operator must file an application with the department for a change in operation that would change the dollar amount of financial responsibility required under 18 AAC 75.235(a). The application must include appropriate proof of financial responsibility under 18 AAC 75.235 - 18 AAC 75.271, include a letter describing the change in operation, and be submitted to the department at least 30 days before placing the changed operations into service, except that the owner or operator of a nontank vessel must submit changes at least 15 days before placing the changed operations into service within state waters. The department will review the application in accordance with 18 AAC 75.205 - 18 AAC 75.271.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 11/27/2002, Register 164

18 AAC 75.225 Renewals

(a) An application for renewal of department approval of proof of financial responsibility must be submitted to the department at least 30 days, but no earlier than 90 days, before the current approval of proof of financial responsibility expires, except for a nontank vessel. For a nontank vessel, an application for renewal must be submitted at least 15 days before expiration.

(b) An application for renewal must include the information required by 18 AAC 75.205(b)(1).

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122; am 9/4/2014, Register 211

18 AAC 75.235 Amount and evidence of financial responsibility; general provisions

(a) Each vessel or facility must be specifically covered by an approved form of financial responsibility. The dollar amounts of required financial responsibility set out in AS 46.04.040 or 46.04.055 are adjusted, based upon the percentage change between the reference base index and the semi-annual average Consumer Price Index for all urban Alaska consumers for the second half of 2022, as reported for Anchorage and the Matanuska-Susitna Borough by the United States Department of Labor, Bureau of Labor Statistics. An applicant under 18 AAC 75.205 or 18 AAC 75.225 must demonstrate financial responsibility to respond in damages for claims covered by AS 46.04.040(i) in the following applicable minimum amount:

(1) for a crude oil terminal facility, $111,450,000 per incident;

(2) for a noncrude oil terminal facility, $55.72, per incident, for each barrel of total noncrude oil storage capacity at the terminal, or $2,229,000, whichever is greater, subject to a maximum of $111,450,000; if the facility stores more noncrude oil than crude oil, the $55.72 per incident, per barrel requirement of this paragraph applies to each barrel of oil storage capacity at the facility;

(3) for a tank vessel or barge carrying crude oil, $688.70, per incident, for each barrel of storage capacity or $222,900,000, whichever is greater;

(4) for a tank vessel or barge carrying noncrude oil, $222.90, per incident, for each barrel of storage capacity or $2,229,000, whichever is greater, subject to a maximum of $78,015,000;

(5) for a nontank vessel carrying predominantly nonpersistent product, $222.90 per incident, for each barrel of total oil storage capacity, persistent and nonpersistent product, on the vessel or $2,229,000, whichever is greater;

(6) for a nontank vessel carrying predominantly persistent product, $688.70 per incident, for each barrel of total oil storage capacity, persistent product and nonpersistent product, on the vessel or $11,145,000, whichever is greater;

(7) for a railroad tank car,

(A) $688.70 per incident for each barrel of persistent product based on the maximum amount of persistent product storage capacity of any train on the railroad; and

(B) $222.90 per incident for each barrel of nonpersistent product based on the maximum amount of nonpersistent product storage capacity of any train on the railroad or $2,229,000, whichever is greater;

(8) for a pipeline, $111,450,000 per incident;

(9) for an offshore exploration or production facility, $111,450,000 per incident;

(10) for an onshore production facility that produces more than 10,000 barrels per day of oil, $44,580,000 per incident;

(11) for an onshore production facility that produces more than 5,000, but not more than 10,000 barrels per day of oil, $22,290,000 per incident;

(12) for an onshore production facility that produces more than 2,500, but not more than 5,000 barrels per day of oil, $11,145,000 per incident;

(13) for an onshore production facility that produces 2,500 or fewer barrels per day of oil, $2,229,000 per incident;

(14) for an onshore exploration facility, $2,229,000 per incident.

(b) The required amount of financial responsibility does not increase with increasing numbers of vessels or facilities operated by the same applicant. An application for multiple vessels or facilities must show proof of financial responsibility in an amount equal to the highest applicable amount prescribed by (a) of this section. The department will, in its discretion, consider the proof of financial responsibility as being applicable to all operations if each separate operation is named as being specifically covered by the proof submitted.

(c) The applicant may add an owned, operated, leased, or chartered vessel or facility to its proof of financial responsibility by submitting a letter to the department requesting an amendment to the application and including documents that verify to the department's satisfaction that the additional operation is covered by the current approved proof of financial responsibility.

(d) The applicant may delete an owned, operated, leased, or chartered vessel or facility from its proof of financial responsibility by submitting a letter to the department requesting an amendment to the application and including documents that verify to the department's satisfaction that the vessel or facility is no longer covered by the current approved proof of financial responsibility.

(e) In satisfying proof of financial responsibility requirements for a combined application, a guarantor or insurer is responsible only for the amount applicable to the vessel or facility that discharges oil and not the amount applicable to another vessel or facility listed on the application.

(f) If a vessel or facility subject to AS 46.04.040 or 46.04.055 discharges oil and the department determines that a claim has been or is likely to be presented as a result of the discharge and that payment of the claim will reduce the owner's or operator's demonstrated financial responsibility below that required by (a) of this section, the department will, in its discretion, require the owner or operator to demonstrate an additional amount of financial responsibility equal to the amount the department determines might be paid as a result of the claim.

(g) If the applicant fails to comply with the requirement imposed under (f) of this section to demonstrate an additional amount of financial responsibility, the department will, in its discretion, provide the owner or operator with 10 days' notice of the department's intent to revoke its approval of the proof of financial responsibility.

(h) If the department provides a notice under (g) of this section, the applicant may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340. The requirement of (f) of this section is not stayed during the pendency of an adjudicatory hearing.

(i) Proof of financial responsibility may be demonstrated by one or any combination of the mechanisms listed in AS 46.04.040(e), as approved by the department.

(j) An insurer or surety shall respond to damages covered by AS 46.04.040(i), but only with respect to the stated limit of liability contained in an insurance policy or surety submitted as proof of financial responsibility and approved under this chapter.

(k) For purposes of this section, the reference base index is the semi-annual average Consumer Price Index for all urban consumers in the Anchorage metropolitan area for the first half of 1990, as reported by the United States Department of Labor, bureau of labor statistics.

(l) A person required to demonstrate proof of financial responsibility under AS 46.04.040 or 46.04.055 shall maintain coverage for at least 60 days after operation of the vessel or facility ceases.

(m) Short-term testing, evaluation, or experimental pilot production activities are subject to the financial responsibility requirements of AS 46.04.040 and 18 AAC 75.205 - 18 AAC 75.290 for exploration facilities.

(n) For purposes of AS 46.04.040, 46.04.055, and this section, "operation" means, for

(1) an oil terminal facility, until the

(A) department finds that storage tanks are empty and out of use and that all connecting pipe lines are rendered unusable and posted with a placard prohibiting refilling of the tank without department approval; or

(B) facility is closed and dismantled;

(2) a pipeline, while the pipeline

(A) is connected to a production facility; or

(B) contains oil;

(3) an exploration or production facility, until the department has been notified in writing by the Alaska Oil and Gas Conservation Commission that all wells were properly plugged as required by 20 AAC 25.112 and abandoned as required by 20 AAC 25.105; and

(4) a vessel, while the vessel is in the waters of the state, unless the owner or operator submits a notarized statement to the department certifying that all oil on the vessel has been removed.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055; AS 46.04.890
Eff. 5/14/92, Register 122; am 11/26/94, Register 132; am 12/8/95, Register 136; am 10/1/99, Register 151; am 10/28/2000, Register 156; am 10/27/2002, Register 164; am 11/27/2002, Register 164; am 10/16/2005, Register 176; am 8/31/2008, Register 187; am 10/1/2011, Register 199; am 9/4/2014, Register 211; add'l am 10/1/2014, Register 211; am 10/1/2017, Register 223; am 11/5/2017, Register 224; am 6/24/2021, Register 238; am 10/1/2023, Register 247

18 AAC 75.236 Amount and evidence of financial responsibility; onshore production facilities

(a) In addition to the other applicable requirements of this chapter, for an onshore production facility, the amount of financial responsibility required is based on maximum daily production of oil, measured in barrels per day. "Maximum daily production" means the highest amount of oil to be produced at a facility in one day during the period for which application is made.

(b) For an onshore production facility that is taken out of service, or suspended under 20 AAC 25, but that is not closed or abandoned, the amount of financial responsibility required is the most recent amount of financial responsibility required under this chapter, and that amount will continue to be required until production resumes, at which time the owner or operator shall determine maximum daily production under (a) of this section.

(c) The owner or operator shall, when submitting an application under 18 AAC 75.205 or 18 AAC 75.225, submit a statement certifying that the maximum daily production of oil at a facility during the period for which application is made will be

(1) more than 10,000 barrels a day;

(2) more than 5,000 barrels a day, but not more than 10,000 barrels a day;

(3) more than 2,500 barrels a day, but not more than 5,000 barrels a day; or

(4) 2,500 or fewer barrels a day.

(d) With the certification submitted under (c) of this section, the owner or operator shall submit to the department a description of how the owner or operator determined the maximum daily production.

(e) The owner or operator shall notify the department in writing at its Juneau office of a change in production that would alter the certification submitted under (c) of this section within 30 days after the operator has knowledge of the change or knowledge of the impending change, whichever occurs first.

(f) If the department finds that the maximum daily production is or may be higher than that certified under (c) or reported under (e) of this section, the department will require the owner or operator to provide proof within 20 days that the amount certified or reported is correct. If the owner or operator fails to provide proof under this subsection that is satisfactory to the department, or fails to report a change under (e) of this section, the department will, in its discretion, deny or revoke its approval of the proof of financial responsibility.

(g) For purposes of this section, "production" has the meaning given "regular production" in AS 31.05.170; however, the term "production facility" retains the meaning given in 18 AAC 75.990.

History

Authority: AS 46.03.020; AS 46.04.040; AS 46.04.070
Eff. 12/8/95, Register 136; am 11/27/2002, Register 164; am 3/23/2017, Register 221; am 10/1/2023, Register 247

18 AAC 75.237 Public access to records

Records received by the department under 18 AAC 75.205 - 18 AAC 75.290, including financial responsibility applications, operations files, and proof of financial ability to respond to a spill incident, are subject to AS 40.25.110 - 40.25.220.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 12/8/95, Register 136

18 AAC 75.240 Certificate of proof of financial responsibility

(a) If the department approves a proof of financial responsibility, it will issue a certificate to the applicant stating that the proof of financial responsibility requirements have been met for each vessel or facility identified in the application.

(b) The original certificate, or a copy of the original certificate, including a printed copy of a certificate sent by electronic mail or a facsimile copy, that is certified by the applicant to be a true copy of the original certificate, must be readily available for inspection

(1) at each covered facility or pipeline;

(2) on each covered vessel while it is in state waters; the certificate must be shown to the owner or operator of an oil terminal facility before loading or unloading

(A) liquid bulk oil cargo; or

(B) oil to or from a nontank vessel; or

(3) with respect to a railroad tank car, at the headquarters office of the responsible party under 18 AAC 75.205(a) and at each facility at which oil is loaded or unloaded; if the financial responsibility requirements of the responsible party change, the responsible party shall immediately notify the department and the affected facilities and obtain an updated or amended certificate to reflect such changes, in accordance with 18 AAC 75.205 and 18 AAC 75.225.

(c) The effective date and the expiration date, as determined under AS 46.04.040(f), will be clearly marked on the certificate. For certificates that are effective for more than one year when issued, the continuing effectiveness of the form of financial responsibility that was approved by the department must be verified annually by submitting to the department, not more than 90 days and not less than 30 days before the anniversary of the certificate's effective date, the affidavit of a responsible party, as specified under 18 AAC 75.205(a), stating that the form of financial responsibility remains in effect and stating the date on which it will expire.

(d) If the owner or operator to whom the certificate was issued ceases to be the responsible party under 18 AAC 75.205(a), that person shall immediately return the original certificate to the department with written information regarding the new owner or operator's name and address and the date of the change in ownership or operational control so that a new certificate can be issued.

(e) A certificate is void and subject to immediate revocation by the department, without prior notice, if

(1) it contains erasures or is altered in any way, except for erasures, errors, or alterations made by the department in issuing the certificate;

(2) the person to whom the certificate was issued

(A) is no longer the responsible party under 18 AAC 75.205(a) for the facility or vessel identified on the certificate;

(B) fails to furnish acceptable proof of the continuing effectiveness of a form of financial responsibility as required under (c) of this section or in support of an application for renewal; or

(C) permits the cancellation or termination of the form of financial responsibility upon which issuance of the certificate was based.

(f) The department will give a certificate holder 10 days' written notice of the department's intent to revoke a certificate under AS 46.04.040(h). The notice will include an effective date for and an explanation of the revocation.

(g) If the department acts or provides a notice under (e) or (f) of this section, the applicant may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/28/2000, Register 156; am 11/27/2002, Register 164; am 9/4/2014, Register 211

18 AAC 75.245 Self-insurance

(a) In order to demonstrate financial responsibility through self-insurance, an applicant shall maintain in the United States, working capital and net worth, each in an amount at least equal to the applicable amount required under 18 AAC 75.235(a), or a lesser amount necessary to supplement other forms of proof which, when combined, are at least equal to the applicable amount required under 18 AAC 75.235(a). In determining working capital or net worth, the department will consider all current contractual requirements to which the applicant is bound. For the purposes of this subsection,

(1) "working capital" means the amount of current assets located in the United States,

(A) other than those assets that are petroleum inventory that may be affected by an oil discharge from a facility covered by the self-insurance; and

(B) less all worldwide current liabilities; and

(2) "net worth" means the amount of all assets located in the United States, less all worldwide liabilities.

(b) The proof of financial responsibility required under (a) of this section must be supported by the following, which must be submitted with the application for approval, and which must be later supplemented as described:

(1) annual audited financial statements for consolidated holdings in the United States for the fiscal year ending immediately before each initial or renewal application, certified by an independent certified public accountant; if the financial statements do not specify what portion of the applicant's working capital and net worth are located in the United States, the statements must be supplemented by an affidavit from the applicant's chief financial officer or treasurer, or a sworn statement by the certified public accountant who prepared the audit, certifying that the working capital and net worth located in the United States are each in an amount equal to the applicable amount required under 18 AAC 75.235(a);

(2) subsequent quarterly affidavits attesting that the amounts of working capital and net worth are each equal to the applicable amount required under 18 AAC 75.235(a); and

(3) any additional information the department considers necessary.

(c) Instead of the information required under (b) of this section, a self-insuring applicant may provide the department with a copy of the applicant's Form 10K as filed with the United States Securities and Exchange Commission for the fiscal year preceding application or renewal, and each Form 10Q subsequently filed with that commission, subject to the following conditions:

(1) if the applicant's fiscal year ended six months or more before initial application, the applicant's Form 10Q for the first quarter of the current fiscal year must also be submitted with the initial application; and

(2) if the applicant's United States Securities and Exchange Commission forms do not specify what portion of its working capital and net worth are located in the United States, those forms must be supplemented by an affidavit from the applicant's chief financial officer or treasurer, or a sworn statement by the certified public accountant who prepared the form, certifying that the working capital and net worth located in the United States are each in an amount equal to the applicable amount required under 18 AAC 75.235(a).

(d) Repealed 4/6/2016.

(e) Instead of the information required under (b)(1) and (c) of this section, the applicant may submit annually to the department a copy of its Form No. 6 as filed with the Federal Energy Regulatory Commission for each fiscal year, starting with the fiscal year that ended immediately preceding application and subsequent quarterly affidavits under (b)(2) or (c)(2) of this section.

(f) The affidavits or sworn statement required under (b)(2) of this section must be signed as follows:

(1) in the case of a corporation, by the treasurer or chief financial officer;

(2) in the case of a partnership, by a general partner;

(3) in the case of a sole proprietorship, by the proprietor;

(4) in the case of a municipal, state, federal, or other public facility, by an authorized public official or employee;

(5) in the case of a combined application, by a representative of each party to the application;

(6) in the case of a joint venture, by the operator; and

(7) in the case of a limited liability company, by a member.

(g) A self-insurer shall notify the department within 10 days after the self-insurer knows, or has reason to believe, that the amount of the self-insurer's working capital or net worth has fallen below the applicable amount required under 18 AAC 75.235(a) or the lesser amount necessary to supplement other forms of proof.

(h) Unless it is earlier replaced by another form of financial responsibility approved by the department, termination or cancellation of self-insurance that serves as proof of financial responsibility under AS 46.04.040 may not take effect until 60 days after the self-insurer sends written notice to the department's Juneau office by certified mail.

(i) The department will, in its discretion, revoke a certificate issued under 18 AAC 75.240 if any document required under this section is not submitted to the department on or before the following due date:

(1) a Form 10K is due within four calendar months after the end of the applicant's fiscal year;

(2) a Form 10Q is due two calendar months after the quarter ends;

(3) a Form No. 6 is due no later than four calendar months after the end of the applicant's fiscal year;

(4) an annual audited financial statement is due within four calendar months after the end of the applicant's fiscal year; and

(5) a quarterly affidavit is due within two calendar months after the quarter ends.

(j) Upon written request, the department will, in its discretion, grant a reasonable extension of a time limit set in (i) of this section if the request is received at least 15 days before the document is due.

(k) A self-insurer must submit a renewal application no later than four calendar months after the end of the applicants's fiscal year. The initial application to demonstrate self-insurance may be submitted at any time.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/26/94, Register 132; am 12/8/95, Register 136; am 11/27/2002, Register 164; am 4/6/2016, Register 218

18 AAC 75.250 Insurance

(a) An applicant may demonstrate financial responsibility with insurance for the applicable amount required under 18 AAC 75.235(a), in full or in part. The applicant shall provide proof of insurance issued by an insurer either who is authorized to sell insurance in Alaska under a certificate of authority issued by the director of the division of insurance of the Department of Commerce, Community, and Economic Development or who is an unauthorized insurer listed by the division of insurance as meeting the minimum trust or capital and surplus requirements of AS 21.34.040(c). Proof of insurance may be provided by a binder, by a certificate of insurance acceptable in form to the department, or by a copy of the policy. If a binder or certificate of insurance is submitted to meet the requirements of this subsection, a copy of the underlying insurance policy must also be provided to the department within 90 days.

(b) Except for nontank vessels submitting proof of financial responsibility under 18 AAC 75.271(a)(2) or (3), if a policy of insurance, certificate, or binder is submitted, it must include an endorsement with the following, or substantially similar language: "Any other provision of this policy notwithstanding: (1) this policy insures against any liability the insured may incur under Alaska Statute 46.04.040(i) or any provision cited in it as a result of an unlawful discharge of oil within or affecting land or waters within the territorial jurisdiction of the State of Alaska; however, the insurer's liability does not exceed the limits of coverage set out in Section (Article or Clause) of this policy, subject to any deductible as specifically set out in Section (Article or Clause) of this policy (binder, certificate); (2) the insurer agrees that any final judgment against the insured for damages under AS 46.04.040(i) or any provision cited in it resulting from an unlawful discharge of oil from or by any vessel or facility named in this policy may be enforced or executed in Alaska state courts, directly against the insurer, subject to the limits of coverage in this policy; the insurer will be bound by such a judgment as if the judgment were against the insurer; any person obtaining such a judgment against the insured is expressly made a third-party beneficiary of this provision; and (3) termination or cancellation of this policy, insofar as it serves as proof of the insured's financial responsibility under AS 46.04.040, shall not become effective until 60 days after notice with the exception for nonpayment of premium which will require 30 days notice, in writing has been mailed, prepaid and certified, by the insurer to the insured and to the Alaska Department of Environmental Conservation at its office in Juneau, Alaska; however, this policy shall apply to all claims arising from a discharge occurring during the period covered by the policy and before the effective date of the termination or cancellation."

(1) an extended reporting period of at least six months; and

(2) the endorsement language required by (b) of this section, with the following added to the end of the endorsement: "and made to the insurer during the policy period or the extended reporting period."

(d) A deductible provision in any policy of insurance, binder, or certificate is acceptable if

(1) the applicant demonstrates supplemental coverage for the amount of the deductible by means of other acceptable insurance, surety, guaranty, self-insurance, letter of credit, or other proof of financial responsibility approved by the department; or

(2) the deductible provision provides for a loss reimbursement plan that contains language guaranteeing that the insurer will be responsible for the payment of all claims on a first dollar basis, without waiting for the insured to pay the deductible.

(e) For purposes of this section "claims made policy" means a policy of liability insurance that covers claims arising out of a discharge occurring after a specified retroactive date but before the end of the policy period and first made to the insurer during the policy period or extended reporting period.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/26/94, Register 132; am 10/28/2000, Register 156

18 AAC 75.255 Surety

(a) An applicant may demonstrate financial responsibility with a contract of surety, in full or in part, for the applicable amount required under 18 AAC 75.235(a). The applicant shall submit the contract of surety to the department on forms supplied by the department.

(b) The issuer of the contract of surety must

(1) be registered to do business in Alaska;

(2) possess a current certificate of authority to do business in the United States under 31 C.F.R. 223; and

(3) possess an underwriting limitation of risk at least equal to the amount of the bond, or in a lesser amount necessary to supplement other forms of proof of financial responsibility.

(c) An applicant may demonstrate financial responsibility by a contract of surety for an amount equal to the deductible of an insurance policy submitted under 18 AAC 75.250 or in combination with another means of proof.

(d) Termination or cancellation of a contract of surety that serves as proof of financial responsibility under AS 46.04.040 may not become effective until 60 days after the surety notifies the department in writing, by certified mail, at its office in Juneau, Alaska. The surety remains liable for any discharge occurring before the effective date of termination or cancellation.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/26/94, Register 132

18 AAC 75.260 Guaranty

(a) An applicant may demonstrate financial responsibility with a contract of guaranty, in full or in part, for the applicable amount required under 18 AAC 75.235(a). The applicant shall submit the contract of guaranty to the department, using a form supplied by the department.

(b) The issuer of the guaranty contract must meet the financial, application, and reporting requirements of 18 AAC 75.245.

(c) Termination or cancellation of a guaranty that serves as proof of financial responsibility under AS 46.04.040 may not become effective until 60 days after the guarantor notifies the department in writing, by certified mail, at its office in Juneau, Alaska. The guarantor remains liable for any discharge occurring before the effective date of termination or cancellation.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/26/94, Register 132; am 4/6/2016, Register 218

18 AAC 75.265 Letters of credit

(a) An applicant may demonstrate financial responsibility with a letter of credit, in favor of the State of Alaska, for the applicable amount required under 18 AAC 75.235(a), in full or in part. The letter of credit

(1) must be irrevocable for a period of not less than one year on the part of the issuer; in addition, the letter must provide that it will be automatically extended for one year unless the department and the applicant are notified in writing at least 90 days before expiration of its stated term that the letter will not be renewed; however, if a vessel is to be used in state waters for less than one year, the letter of credit must cover the period that the vessel is to be used in state waters plus 30 days;

(2) must be irrevocable until satisfaction of a judgment or of a claim against the applicant under AS 46.04.040(i) or the provisions cited in it which results from a discharge occurring during its term, subject to the limit of credit;

(3) must be a standby letter of credit to respond specifically to a claim under AS 46.04.040(i) or the provisions cited in it, subject to the limit of credit;

(4) may not be used as collateral and may not be drawn upon by the applicant except to respond to a claim under AS 46.04.040(i) or the provisions cited in that subsection for as long as the letter of credit is used by the applicant as proof of financial responsibility under AS 46.04.040 or 46.04.055;

(5) must be issued by a financial institution that has authority to issue letters of credit, and that is regulated and examined by state and federal banking agencies; and

(6) must state an effective date and an expiration date, and must be effective on or before the approval date of proof of financial responsibility.

(b) The issuing bank shall pay upon presentation by the State of Alaska of a draft or other document as specified in the letter of credit and may not make determinations of fact or law that might be at issue between the responsible party and the department.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/26/94, Register 132; am 10/28/2000, Register 156

18 AAC 75.270 Other proof of financial responsibility for tank vessels, oil barges, oil terminal facilities, oil exploration or production facilities, pipelines, and railroad tank cars

(a) This section applies to other proof of financial responsibility for tank vessels, oil barges, oil terminal facilities, oil exploration or production facilities, pipelines, and railroad tank cars. An applicant may demonstrate financial responsibility for the applicable amount required under 18 AAC 75.235(a)(1)-(4) or (7)-(14), in full or in part, with a contract of indemnity or with insurance issued by a group of insureds who have agreed to cover the pollution risks of the group's members, if approved by the department.

(b) Subject to AS 46.04.040(e), the department will, in its discretion, approve a protection and indemnity (P&I) club or an insurance syndicate contract of indemnification as demonstrating financial responsibility under this section if

(1) a statement of indemnification issued by the P&I club or insurance syndicate contains an endorsement that meets the requirements of 18 AAC 75.250(b);

(2) the P&I club or insurance syndicate has the financial solvency and a favorable history of claim handling to meet the obligations contained in the contract of indemnity; and

(3) the P&I club or insurance syndicate appoints an agent for service of process in the state as required under AS 46.04.040(e).

(c) The department may approve a P&I club or insurance syndicate that does not agree to be subject to direct court action in this state or that does not agree to appoint an agent for service of process in this state if the requirements of AS 46.04.040(l) are met with respect to the amount of $111,450,000 or the amount required by 18 AAC 75.235(a), whichever is less.

History

Authority: AS 46.03.020; AS 46.04.045 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/26/94, Register 132; am 10/1/99, Register 151; am 10/28/2000, Register 156; am 10/27/2002, Register 164; am 10/16/2005, Register 176; am 8/31/2008, Register 187; am 10/1/2011, Register 199; am 10/1/2014, Register 211; add'l am 10/1/2017, Register 223; am 6/24/2021, Register 238; am 10/1/2023, Register 247

18 AAC 75.271 Proof of financial responsibility for nontank vessels

(a) This section applies to proof of financial responsibility for nontank vessels. An applicant may demonstrate financial responsibility for the applicable amount required under 18 AAC 75.235(a)(5) or (6), in full or in part, with

(1) evidence of financial responsibility meeting the requirements of 18 AAC 75.245, 18 AAC 75.250, 18 AAC 75.255, 18 AAC 75.260, or 18 AAC 75.265;

(2) proof of entry of the nontank vessel in a P&I club or proof of coverage with another insurer, including a group of insureds who have agreed to cover the pollution risks of the members of the group, if approved by the department; or

(3) insurance, a surety bond, self-insurance, a financial guaranty, or other evidence of financial responsibility used to satisfy the federal financial responsibility requirements contained in 33 C.F.R. Part 138, if the coverage includes the oil pollution risks specified in AS 46.04.040(i).

(b) The department will, in its discretion approve an insurance policy, or a P&I club or insurance syndicate contract of indemnification, as demonstrating financial responsibility under this section if

(1) the insurance policy, contract of indemnification, or P&I club rules and related documentation

(A) reflects that each entered nontank vessel is covered for the oil pollution risks specified in AS 46.04.040(i) in at least the applicable amount specified in 18 AAC 75.235(a)(5) or (6); coverage for the oil pollution risks specified in AS 46.04.040(i) may be demonstrated by using the following endorsement or substantially similar language: "Any other provision of this policy notwithstanding, this policy insures against any liability the insured may incur under AS 46.04.040(i) or any provision cited in it as a result of an unlawful discharge of oil from or by a covered vessel within or affecting land or waters within the territorial jurisdiction of the State of Alaska; however, the insurer's liability does not exceed the limits of coverage set out in Section (Article or Clause) of this policy, subject to any deductible as specifically set out in Section (Article or Clause) of this policy (binder, certificate)"; and

(B) names the applicant as an assured or member; and

(2) for a contract of indemnification from a P&I club or insurance syndicate, the P&I club or insurance syndicate has the financial solvency and a favorable history of claim handling to meet the obligations contained in the contract of indemnification.

(c) The insurance policy or contract of indemnification submitted as evidence of financial responsibility for a nontank vessel under this section

(1) need not include the endorsement required by 18 AAC 75.250(b); and

(2) must include

(A) all addenda that pertain to pollution coverage and deductibles; and

(B) for a contract of indemnification by a P&I club, a copy of the applicable P&I club rules and the vessel's certificate of entry into the P&I club.

(d) If an applicant submits a policy of insurance, binder, certificate, or evidence of P&I club coverage containing a deductible or similar provision exceeding $50,000,

(1) the applicant must demonstrate supplemental coverage for the amount of the deductible by means of other acceptable insurance, a surety, a guaranty, self-insurance, a letter of credit, or other proof of financial responsibility approved by the department; or

(2) the deductible provision must provide for a loss reimbursement plan that contains language guaranteeing that the insurer will be responsible for the payment of all claims on a first dollar basis, without waiting for the insured to pay the deductible.

(e) In addition to meeting the renewal requirements of 18 AAC 75.225, and no later than 60 days following renewal of the P&I club coverage, a holder of a certificate of proof of financial responsibility who uses P&I club membership as the method of financial responsibility shall submit to the department a renewal confirmation letter from the P&I club showing that the certificate holder's membership in the P&I club has been renewed. The certificate holder shall also submit additional documentation acceptable to the department showing renewal of the certificant's membership in the P&I club, no later than 90 days after renewal of the P&I club coverage. Acceptable documentation includes a copy of the addendum or renewal certificate of entry, both of which contain the information required by this subsection, and any additional terms or conditions that may affect coverage, including renewal and new expiration dates.

(f) If requested by the department, a holder of a certificate of proof of financial responsibility who uses P&I club membership as the method of financial responsibility shall submit documentation executed by the certificate holder's P&I club confirming that the certificate holder's coverage used to demonstrate financial responsibility remains current.

History

Authority: AS 46.03.020; AS 46.04.045; AS 46.04.070 AS 46.04.040; AS 46.04.055
Eff. 10/28/2000, Register 156; am 11/27/2002, Register 164

18 AAC 75.272 Termination or cancellation of proof of financial responsibility

Termination or cancellation of proof of financial responsibility does not relieve a person subject to AS 46.04.040 or 46.04.055 from

(1) the requirement to provide proof of financial responsibility if that person's vessel or facility remains in operation as defined in 18 AAC 75.235(n); and

(2) liability for a discharge from that person's vessel or facility before, at the time of, or after termination or cancellation of proof of financial responsibility.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 12/8/95, Register 136; am 10/28/2000, Register 156

18 AAC 75.275 Service of process

An agent designated for service of process under AS 46.04.040(e) must be a resident of the state or a corporation authorized to do business in the state. If no designation is made and filed, or if process cannot be served in Alaska upon the designated agent, process may be served upon the commissioner.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122

18 AAC 75.280 Classification as an oil terminal facility

(a) If a vessel is to operate as an oil terminal facility as defined at AS 46.04.900, the owner or operator shall submit a written request for classification of the vessel as an oil terminal facility to the department. The request for classification must include the

(1) name of the owner or operator;

(2) vessel name and official number;

(3) oil storage capacity of the vessel;

(4) type of product carried as cargo; and

(5) period of time during which the classification will apply.

(b) Upon receipt of a request under (a) of this section, the department will issue a certificate to the vessel, classifying the vessel as an oil terminal facility for the prescribed period.

(c) If the capacity of the vessel for which classification is requested is more than 10,000 barrels of noncrude oil, the owner or operator must meet the financial responsibility requirements of 18 AAC 75.235(a)(2) and the oil discharge prevention and contingency plan requirements of AS 46.04.030.

History

Authority: AS 46.03.020; AS 46.04.050; AS 46.04.900 AS 46.04.040; AS 46.04.055 AS 46.04.045; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/26/94, Register 132

18 AAC 75.285 Oil terminal facilities

(a) An oil terminal facility may not transfer a liquid bulk oil product to or from a tank vessel or oil barge if the oil product is declared as liquid bulk cargo, unless the tank vessel or oil barge provides proof to the terminal operator that the tank vessel or oil barge has a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290, an exemption under 18 AAC 75.205(d), or a certificate of classification as an oil terminal facility issued under 18 AAC 75.280.

(b) Unless a nontank vessel is subject to an exemption in AS 46.04.055(e)(2) or (3), an oil terminal facility may not transfer oil to or from a nontank vessel unless the nontank vessel provides proof to the terminal operator that the nontank vessel has a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290.

(c) If a vessel has frequent transactions at an oil terminal facility and is known by the facility operator, the owner or operator of that oil terminal facility may accept verbal confirmation from the vessel's master that the vessel has on board a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290.

(d) An oil terminal facility may not transfer a liquid bulk oil product to or from a railroad tank car, unless the owner or operator of the railroad tank car has previously provided the terminal owner or operator with a certified copy of the current, valid certificate of proof of financial responsibility as required by 18 AAC 75.240(b)(3).

(e) If a tank vessel, oil barge, or railroad tank car operator fails or refuses to provide proof of a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290, an exemption under 18 AAC 75.205(d), or a certificate of classification as an oil terminal facility issued under 18 AAC 75.280(b), or if a railroad tank car owner or operator has not provided a current certificate to the oil terminal facility as required by 18 AAC 75.240(b)(3) before loading or unloading a railroad tank car, the owner or operator of an oil terminal facility shall notify the department's Anchorage, Fairbanks, or Juneau office of that failure or refusal by telephone or facsimile on the next working day.

(f) If a nontank vessel owner or operator fails or refuses to provide proof of a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290, or to demonstrate that the nontank vessel owner or operator is subject to an exemption under AS 46.04.055(e)(2) or (3), the owner or operator of an oil terminal facility shall notify the department's Anchorage, Fairbanks, or Juneau office of that failure or refusal by telephone or facsimile on the next working day.

(g) The requirements of this section with respect to nontank vessels and railroad tank cars apply after January 30, 2001.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.040; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/28/2000, Register 156

18 AAC 75.290 Enforcement

If a person required to provide proof of financial responsibility under AS 46.04.040, AS 46.04.055, or 18 AAC 75.205 - 18 AAC 75.290 fails or refuses to do so, the department will, in its discretion,

(1) seek civil assessments and costs under AS 46.03.760 or other appropriate statutes for each separate violation of AS 46.04.040 or 46.04.055, or of 18 AAC 75.205 - 18 AAC 75.290;

(2) take action to halt the operation of a vessel or facility that is not in compliance with AS 46.04.040, AS 46.04.055, or 18 AAC 75.205 - 18 AAC 75.290;

(3) take action to deny entry to a vessel to the navigable waters of the state;

(4) take action to detain a vessel that does not produce, upon the department's request, a current, valid certificate of proof of financial responsibility issued under 18 AAC 75.205 - 18 AAC 75.290; or

(5) take such other and further action as may be warranted by the circumstances.

History

Authority: AS 46.03.020; AS 46.04.040; AS 46.04.070 AS 46.03.760; AS 46.04.050; AS 46.04.900 AS 46.03.850; AS 46.04.055
Eff. 5/14/92, Register 122; am 10/28/2000, Register 156

Article 3 Discharge Reporting, Cleanup, and Disposal of Oil and Other Hazardous Substances

18 AAC 75.300 Discharge or release notification; reporting requirements

(a) Subject to (b), (c), and (g) of this section, a person in charge of a facility or operation shall notify the department by telephone, and immediately afterwards send the department a written notice by facsimile, electronic mail, hand delivery, or first class mail, informing the department about a discharge or release of a hazardous substance at or from the facility or operation as follows:

(1) as soon as the person has knowledge of a

(A) discharge or release of a hazardous substance other than oil;

(B) discharge or release of oil to water; or

(C) discharge or release, including a cumulative discharge or release, of oil in excess of 55 gallons solely to land outside an impermeable secondary containment area or structure; and

(2) within 48 hours after the person has knowledge of a discharge or release, including a cumulative discharge, of oil solely to land

(A) in excess of 10 gallons, but 55 gallons or less; or

(B) in excess of 55 gallons, if the discharge or release is the result of the escape or release of oil from its original storage tank, pipeline, or other immediate container into an impermeable secondary containment area or structure.

(b) A person in charge of a facility or operation shall maintain, and provide to the department monthly, a written record of each discharge or release, including a cumulative discharge or release, of one gallon to 10 gallons of oil solely to land.

(c) If a person in charge of a facility or operation has entered into an agreement with the department, as provided under AS 46.03.755(b) or AS 46.09.010(b), for the periodic reporting of a discharge or release of a hazardous substance, the terms of the agreement replace the applicable requirements of this section for the hazardous substance.

(d) After receiving notice of a discharge or release under (a) of this section, and until containment and cleanup are completed, the department will require interim reports as the department considers necessary to ascertain any threat to human health, safety, or welfare, or to the environment.

(e) Unless the department determines that a written report is not needed for the department to ascertain any threat to human health, safety, or welfare, or to the environment, a written report must be submitted to the department within 15 days after containment and cleanup are completed or, if no cleanup occurs, within 15 days after the discharge or release. The report must be submitted to the department's Anchorage, Fairbanks, or Juneau office, whichever is nearest to the location of the discharge, unless the department specifies otherwise. The report must contain the information specified in (f) of this section.

(f) A report, record, or notification required by this section must contain, as applicable,

(1) the date and time of the discharge or release;

(2) the location of the discharge or release;

(3) the name of the facility or operation;

(4) the name, mailing address, and telephone number of

(A) each responsible person; and

(B) the owner and the operator of the facility or operation;

(5) the type and amount of each hazardous substance discharged or released;

(6) factors that caused or contributed to the discharge or release;

(7) a description of any environmental effects of the discharge or release, or the containment and cleanup, to the extent those effects can be identified;

(8) a description of the containment or cleanup action taken;

(9) the estimated amount of

(A) hazardous substance cleaned up; and

(B) hazardous waste generated;

(10) the date and method of disposal or treatment of the hazardous substance, contaminated equipment, contaminated materials, contaminated soil, and contaminated water;

(11) a description of actions being taken to prevent another discharge or release; and

(12) other information that the department requires to fully assess the cause and impact of the discharge or release, including any sampling reports and a description and estimate of any remaining contamination.

(g) Reporting under this section is not required for a discharge or release

(1) that is authorized by a valid permit issued by the department; or

(2) that is excluded from the definition of "release" under AS 46.03.826(9).

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.09.010 AS 46.03.050; AS 46.03.755; AS 46.09.020 AS 46.03.710; AS 46.04.020 AS 46.03.740; AS 46.04.070
Eff. 1/22/99, Register 149; am 1/30/2003, Register 165; am 9/4/2014, Register 211

18 AAC 75.305 Posting of information required

(a) The owner or operator shall display a discharge or release notification placard, provided by the department, that includes telephone numbers of department offices in conspicuous locations on a

(1) tank truck containing more than 500 gallons of a hazardous substance, in addition to that required to operate the vehicle;

(2) tugboat, tank vessel, oil barge, tow boat, or other vessel transporting a hazardous substance as cargo in state waters;

(3) vehicle carrying or towing a hazardous substance other than oil, or more than 500 gallons of oil, as cargo off-road over frozen or unfrozen ground; and

(4) facility that has a total above-ground or underground storage capacity in excess of 1,000 gallons of a hazardous substance.

(b) A person who wants to post a substitute for a placard provided by the department shall submit the proposed placard to the department for approval. The department will approve the substitute if the department determines that the substitute meets the requirements of (a) of this section. A placard approved under this subsection must contain the words: "Form approved by the Alaska Department of Environmental Conservation."

History

Authority: AS 46.03.020; AS 46.04.020; AS 46.09.070 AS 46.03.050; AS 46.09.010 AS 46.03.755; AS 46.09.020
Eff. 1/22/99, Register 149

18 AAC 75.310 Scope and duration of initial response actions

(a) Immediately after receiving notice from a person or after otherwise becoming aware of a discharge or release of a hazardous substance to land or waters of the state, a responsible person shall, as required by 18 AAC 75.315, immediately contain and control the discharge or release and seek approval of cleanup and disposal plans to be used for that release. After obtaining approval of cleanup and disposal plans, the responsible person shall perform a cleanup of the discharge or release and dispose of the contaminated material in accordance with those plans.

(b) The department under AS 46.04.020(a), or the commissioner under AS 46.09.020(a), will waive the requirements of (a) of this section if the department or commissioner as appropriate

(1) determines, in consultation with appropriate agencies as provided in AS 46.04.020(a)(1) or AS 46.09.020(a)(1), that containment or cleanup of the discharge or release is technically not feasible; or

(2) determines that the containment or cleanup effort would result in a greater threat to human health, safety, or welfare, or in greater damage to the environment than the discharge or release itself.

(c) Unless relieved under (b) of this section, a responsible person shall immediately begin the initial response actions required by 18 AAC 75.315 and continue until

(1) the department, using the factors set out in 18 AAC 75.315, determines that

(A) the lowest practicable level of contamination has been achieved;

(B) any imminent and substantial threat to human health, safety, or welfare, or to the environment is abated; and

(2) the department determines, on its own or at the request of a responsible person, that the source of the contamination has abated and that cleanup of residual soil and groundwater contamination should proceed under 18 AAC 75.325 - 18 AAC 75.396.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165

18 AAC 75.315 Initial response actions

(a) A responsible person shall investigate, contain, and perform a cleanup of a sudden or recent discharge or release of a hazardous substance

(1) in consultation the department, upon notification of a discharge or release under 18 AAC 75.300;

(2) in a manner that does not result in a significantly greater overall threat or damage to human health, safety, or welfare, or to the environment than another alternative, including taking no action; and

(3) until the lowest practicable level of contamination is achieved under (c) of this section.

(b) A person who is not a responsible person and who undertakes a initial response action at a site subject to this section shall comply with this section and 18 AAC 75.320.

(c) For containment and cleanup under this section, the department will determine the lowest practicable level of contamination based on

(1) protection of human health, safety, and welfare, and of the environment;

(2) the nature and toxicity of the hazardous substance, including amount and concentration;

(3) hydrogeological and climatological factors;

(4) the extent to which the hazardous substance has migrated, or is likely to migrate, from the area of original contamination if the hazardous substance remains onsite;

(5) the natural dispersion, attenuation, or degradation of the contamination;

(6) the extent to which residual soil contamination exceeds the cleanup levels in 18 AAC 75.340 and 18 AAC 75.341;

(7) the extent to which groundwater contamination exceeds the groundwater cleanup levels in 18 AAC 75.345;

(8) the current and future use of the groundwater under 18 AAC 75.350; and

(9) the need for an interim removal action under 18 AAC 75.330.

(d) If the department determines that the lowest practicable level of contamination has been achieved under this section, a responsible person is not required to perform additional containment or cleanup. The department will base a determination under this section on the most current and complete information available to the department. The department will require a responsible person to perform additional containment or cleanup if subsequent information indicates that

(1) the level of contamination that remains does not protect human health, safety, or welfare, or the environment; or

(2) the information the department relied upon was invalid, incomplete, or fraudulent.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149

18 AAC 75.320 Department oversight of containment and cleanup

(a) The department will determine that a responsible person's containment and cleanup efforts are inadequate under 18 AAC 75.315 or 18 AAC 75.325 - 18 AAC 75.396 if the department determines that

(1) the responsible person has not used, or has not adequately used, containment equipment to intercept, concentrate, and collect the hazardous substance in its pattern of movement, unless environmental conditions exceed the operational limitations of the equipment;

(2) the responsible person has not used, or has not adequately used, exclusion equipment to protect a sensitive environmental zone, unless environmental conditions exceed the operational limitations of the equipment;

(3) the area affected by the hazardous substance is increasing at an avoidable rate despite containment and removal activities, unless environmental conditions exceed the operational limitations of the equipment, or unless immediate containment would pose a greater threat to human health, safety, or welfare, or to the environment, than to allow the discharge or release to temporarily spread;

(4) the containment and exclusion equipment is not functioning effectively because of weather or oceanographic conditions, and other equipment is reasonably available that can function effectively in those conditions;

(5) containment, exclusion, and lightering equipment is not deployed and operational as specified in an applicable oil discharge prevention and contingency plan or a streamlined plan;

(6) major items of cleanup equipment and materials, including booms, skimmers, lightering pumps, sorbent, and storage containers, are not fully operational;

(7) available personnel, equipment, sorbent, or supplies are inappropriate, being mismanaged, or not being used, or additional personnel, equipment, sorbent, or supplies are required but not being provided; or

(8) containment and cleanup have not proceeded in a timely manner that is protective of human health, safety, and welfare, and of the environment.

(b) If the department determines that a responsible person's containment and cleanup efforts, do not adequately protect human health, safety, or welfare, or the environment, the department will

(1) direct that responsible person or another responsible person to use additional measures or to cease cleanup activities;

(2) begin cleanup activities, or authorize an agent of the department to begin cleanup activities; or

(3) take a combination of these actions.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.04.055 AS 46.03.050; AS 46.03.822; AS 46.04.070 AS 46.03.710; AS 46.04.020; AS 46.08.140 AS 46.03.740; AS 46.04.030; AS 46.09.020
Eff. 1/22/99, Register 149; am 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.325 Site cleanup rules: purpose, applicability, and general provisions

(a) The requirements of 18 AAC 75.325 - 18 AAC 75.390 are referred to in this chapter as the "site cleanup rules." The site cleanup rules establish administrative processes and standards to determine the necessity for and degree of cleanup required to protect human health, safety, and welfare, and the environment at a site where a hazardous substance is located.

(b) The site cleanup rules apply to

(1) a sudden or recent discharge or release of a hazardous substance, if the department determines under 18 AAC 75.310 that application of the site cleanup rules is necessary; or

(2) a release of a hazardous substance caused by past activities.

(1) a release from an underground storage tank (UST) subject to AS 46.03.365 - AS 46.03.450 and 18 AAC 78, except as made applicable expressly by 18 AAC 78; or

(2) an oil and gas reserve pit closure and permitted solid waste storage or disposal facility regulated under 18 AAC 60, 18 AAC 62, or 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by the Resource Conservation Recovery Act).

(d) A responsible person shall investigate, contain, and perform a cleanup of a discharge or release of a hazardous substance unless

(1) the department makes a written determination that a discharge or release does not pose a threat to human health, safety, or welfare, or to the environment and requires no cleanup action according to the information available at the time of the determination; or

(2) the department issues an order under AS 46.04.020(c), or the commissioner issues an order under AS 46.09.020(c) that the responsible person cease cleanup activities.

(e) A person who is not a responsible person and who undertakes a cleanup activity at a site that is subject to the site cleanup rules shall comply with those provisions of the site cleanup rules that are applicable to the particular cleanup activity undertaken.

(f) A responsible person shall

(1) to the maximum extent practicable,

(A) use permanent remedies;

(B) recover free product in a manner that

(i) minimizes the spread of contamination into an uncontaminated area by using containment, recovery, and disposal techniques appropriate to site conditions;

(ii) avoids additional discharge; and

(iii) disposes of the recovered free product in compliance with applicable local, state, and federal requirements;

(C) complete cleanup in a period of time that the department determines to be protective of human health, safety, and welfare, and of the environment;

(D) prevent, eliminate, or minimize potential adverse impacts to human health, safety, and welfare, and to the environment, onsite and offsite, from any hazardous substance remaining at the site; and

(E) evaluate and perform a cleanup of surface soil staining attributable to a hazardous substance;

(2) meet the applicable cleanup levels determined under 18 AAC 75.340 - 18 AAC 75.350; and

(3) provide for long-term care and management of a site as required under the site cleanup rules, including proper operation and maintenance of

(A) cleanup techniques and equipment;

(B) monitoring wells and equipment, if required; and

(g) If using method two or method three for determining the applicable soil cleanup levels as described in 18 AAC 75.340 and 18 AAC 75.341, or if applying the groundwater cleanup levels at Table C in 18 AAC 75.345, a responsible person shall ensure that, after completing site cleanup, the risk from hazardous substances does not exceed a cumulative carcinogenic risk standard of 1 in 100,000 across all exposure pathways and does not exceed a cumulative noncarcinogenic risk standard at a hazard index of one, reported to one significant figure, across all exposure pathways. Instructions for determining cumulative risk are provided in the department's Procedures for Calculating Cumulative Risk, dated February 1, 2018, and adopted by reference.

(h) If proposing an alternative cleanup level for soil or groundwater, based on a site-specific risk assessment under method four in 18 AAC 75.340(f) or under the provisions of 18 AAC 75.345(b)(2), a responsible person shall ensure that the risk from hazardous substances does not exceed the cumulative carcinogenic risk standard of 1 in 100,000 across all exposure pathways and does not exceed the cumulative noncarcinogenic risk standard at a hazard index of one, reported to one significant figure, across all exposure pathways. Instructions for determining cumulative risk are provided in the department's Procedures for Calculating Cumulative Risk, adopted by reference in (g) of this section.

(i) A responsible person, owner, or operator shall obtain approval before disposing of soil or groundwater from a site

(1) that is subject to the site cleanup rules; or

(2) for which a written determination from the department has been made under 18 AAC 75.380(d)(1) that allows contamination to remain at the site above method two soil cleanup levels under 18 AAC 75.340(a)(2) or groundwater cleanup levels listed in Table C in 18 AAC 75.345(b).

(j) The department will seek public participation regarding activities conducted under the site cleanup rules, using methods that the department determines to be appropriate for seeking public participation.

(k) If a discharge, release, or planned cleanup affects an anadromous fish-bearing stream or lake or an area designated under AS 16.20, activities under the site cleanup rules are subject to coordination with appropriate resource agencies, including the Department of Fish and Game under AS 16.05.871(a) or AS 16.20.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.822; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165; am 10/9/2008, Register 188; am 6/17/2015, Register 214; am 1/1/2016, Register 217; am 11/6/2016, Register 220; am 9/29/2018, Register 227

18 AAC 75.330 Interim removal actions

(a) The department, or a responsible person as provided in (c) of this section, will perform an interim removal action if the department determines that an interim removal action is necessary under the site cleanup rules to prevent

(1) human or environmental exposure to a hazardous substance at the site; or

(2) migration of a hazardous substance at or from the site.

(b) An interim removal action must, to the maximum extent practicable, contribute to the overall performance of any long-term cleanup action at the site. An interim removal action may

(1) achieve cleanup levels for a portion of the site;

(2) provide for a partial cleanup for all or part of the site, but not achieve cleanup levels; or

(3) provide for a partial cleanup at the site and not achieve cleanup levels, but provide information on how to achieve cleanup levels for the final cleanup action.

(c) An interim removal action may occur at any time during the cleanup process and may be performed by the department or by a responsible person with prior approval of the proposed action. An interim removal action may not be used to delay or supplant the cleanup process.

(d) An interim removal action must be followed by additional cleanup actions at the site unless the department determines that the interim removal action has met the requirements of the site cleanup rules.

(e) An interim removal action taken by the department does not

(1) require the department to take an additional response or cleanup action; or

(2) relieve a person from liability associated with the discharge or release.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.08.140 AS 46.03.050; AS 46.03.822; AS 46.09.020 AS 46.03.710; AS 46.04.020 AS 46.03.740; AS 46.04.070
Eff. 1/22/99, Register 149

18 AAC 75.333 Qualified environmental professionals and qualified samplers

(a) A responsible person shall ensure that a qualified environmental professional

(1) prepares the site characterization work plan required under 18 AAC 75.335(b)(1);

(2) prepares the site characterization report required under 18 AAC 75.335(c)(1);

(3) performs sampling collection required under 18 AAC 75.355(a), or that a qualified sampler performs sampling collection if the department approves the use of a qualified sampler under 18 AAC 75.355(a);

(4) conducts or supervises site cleanup work under 18 AAC 75.360;

(5) prepares the post-treatment sampling and analysis plan under 18 AAC 75.365(a)(1)(C);

(6) prepares the final cleanup report required under 18 AAC 75.380(a);

(7) prepares and signs a report to justify a request for a waiver under 18 AAC 75.390.

(b) For purposes of the site cleanup rules, an individual is a qualified environmental professional if the individual

(1) is an impartial third party;

(2) is qualified to perform site characterization and cleanup activities, including

(A) fate and transport analysis;

(B) remediation design; and

(3) actively practices in the field of environmental science or another related scientific field;

(4) has not been found to have falsified environmental data or committed other acts of fraud directly related to environmental work; and

(5) meets one or more of the following minimum educational qualification and experience requirements:

(A) has a four-year undergraduate or a graduate degree from a nationally or internationally accredited postsecondary institution in environmental science or another related scientific field, and has at least one year of professional experience in contaminated site characterization and cleanup activities under the direct supervision of a qualified environmental professional completed after the degree described in this subparagraph was obtained;

(B) has a four-year degree from a nationally or internationally accredited postsecondary institution in any field or a two-year associate degree from a nationally or internationally accredited postsecondary institution in environmental science or another related scientific field, and has at least three years of professional experience in contaminated site characterization and cleanup activities under the direct supervision of a qualified environmental professional completed after a degree described in this subparagraph was obtained;

(C) is certified as an environmental technician under an apprenticeship program with a registration under 29 C.F.R. Part 29, and has at least three years of professional experience in contaminated site characterization and cleanup activities under the direct supervision of a qualified environmental professional completed after the certification described in this subparagraph was obtained.

(1) is an impartial third party;

(2) collects samples of environmental media for laboratory analysis; in this paragraph, "environmental media"

(A) includes soil, groundwater, and surface water;

(B) does not include air or soil gas;

(3) has not been found to have falsified environmental data or committed other acts of fraud directly related to environmental work;

(4) has successfully completed

(A) applied field work involving environmental sample collection of soil, groundwater, or surface water associated with coursework for a completed degree in environmental science or another related scientific field at a nationally or internationally accredited postsecondary institution; or

(B) an environmental sampling training program recognized by the department; and

(5) has at least three months of experience in environmental sampling under the direct supervision of a qualified environmental professional completed after the training described in (4)(A) or (B) of this subsection was obtained.

(d) In this section, "another related scientific field" includes engineering, geology, physical science, hydrology, biology, and chemistry.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.04.070 AS 46.03.050; AS 46.03.755; AS 46.09.010 AS 46.03.710; AS 46.03.822; AS 46.09.020 AS 46.03.740; AS 46.04.020
Eff. 6/17/2015, Register 214

18 AAC 75.335 Site characterization

(a) Before proceeding with site cleanup under the site cleanup rules, a responsible person shall characterize the extent of hazardous substance contamination at the site.

(b) A responsible person shall submit a site characterization work plan to the department for approval before beginning site characterization work. The department will approve the site characterization work plan if the work plan is

(1) prepared by a qualified environmental professional; and

(2) designed, to the maximum extent practicable, to

(A) determine if a discharge or release of a hazardous substance has occurred;

(B) identify each hazardous substance at the site, including the concentration and extent of contamination; this information must be sufficient to determine cleanup options;

(C) identify site characteristics or conditions that could result in ongoing site contamination, including the potential for leaching of in-situ contamination and the presence of leaking barrels, drums, tanks, or other containers;

(D) evaluate the potential threat to human health, safety, and welfare, and to the environment from site contamination;

(E) identify any interim removal action necessary under 18 AAC 75.330;

(F) locate sources of known site contamination, including a description of potential releases into soil, sediment, groundwater, or surface water;

(G) evaluate the size of the contaminated area, including the concentration and extent of any soil, sediment, groundwater, or surface water contamination;

(H) identify the vertical depth to groundwater and the horizontal distance to nearby wells, surface water, and water supply intakes;

(I) evaluate the potential for surface water runoff from the site and the potential for surface water or sediment contamination; and

(J) identify the soil type and determine if the soil is a continuing source of groundwater contamination.

(c) After completing site characterization work, the responsible person shall submit to the department for approval a site characterization report that

(1) is prepared by a qualified environmental professional;

(2) sets out the information obtained from activities performed in accordance with a site characterization work plan;

(3) sets out the results of sampling and analysis;

(4) demonstrates that the inspections, sampling, and analysis performed adequately characterized the extent of hazardous substance contamination; and

(5) proposes cleanup techniques for the site.

(d) The department will approve the report submitted under (c) of this section if the department determines that the work described in the report and the cleanup techniques proposed are protective of human health, safety, and welfare, and of the environment. The department will, as part of its approval, modify proposed cleanup techniques or require additional cleanup techniques for the site as the department determines to be necessary to protect human health, safety, and welfare, and the environment.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.09.010 AS 46.03.050; AS 46.03.755; AS 46.09.020 AS 46.03.710; AS 46.04.020 AS 46.03.740; AS 46.04.070
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 6/17/2015, Register 214

18 AAC 75.340 Soil cleanup levels; general requirements

(a) This section provides the requirements for cleanup levels for hazardous substances in soil. For each site, except as provided in (b) of this section, a responsible person shall propose soil cleanup levels for approval, shall base those cleanup levels upon an estimate of the reasonable maximum exposure expected to occur under current and future site conditions, and shall develop those cleanup levels using one or more of the following methods:

(1) method one for petroleum hydrocarbon-contaminated soil in

(A) a non-Arctic zone as set out in Table A1 of 18 AAC 75.341(a); or

(B) an Arctic zone as set out in Table A2 of 18 AAC 75.341(b);

(2) method two for soil contaminated with

(A) chemicals other than petroleum hydrocarbons as set out in Table B1 of 18 AAC 75.341(c); or

(B) petroleum hydrocarbons as set out in Table B2 of 18 AAC 75.341(d);

(3) method three, as described in (e) of this section, for developing site-specific alternative cleanup levels;

(4) method four, as described in (f) of this section, for developing site-specific alternative cleanup levels.

(b) Alternative soil cleanup levels developed under method three or method four may not be used at another site without prior approval. If alternative cleanup levels are developed for one site within a facility with multiple similarly contaminated sites, and if the department determines that the use of those cleanup levels at another site within that facility will be protective of human health, safety, and welfare, and of the environment, the department will approve the use of those cleanup levels at the other site.

(c) For methods two, three, and four, a responsible person shall demonstrate that the Arctic zone soil cleanup level, if applicable, is protective of migration to surface water.

(d) The soil cleanup levels provided under method one and method two apply at a contaminated site unless the department develops an alternative cleanup level or approves an alternative cleanup level that the responsible person has proposed under method three or method four. To obtain approval for an alternative cleanup level, a responsible person must demonstrate that an alternative cleanup level proposed under method three or method four is protective of human health, safety, and welfare, and of the environment, and must demonstrate compliance with the applicable institutional control requirements under 18 AAC 75.375. The cleanup level that applies at a site is the most stringent of either the alternative cleanup level or, for a pathway where no alternative cleanup level was calculated, the listed value for a hazardous substance in Table B1 of 18 AAC 75.341(c) or Table B2 of 18 AAC 75.341(d).

(e) Under method three, a responsible person may propose for the department's approval or the department may set an alternative cleanup level for a hazardous substance listed in Table B1 of 18 AAC 75.341(c) or Table B2 of 18 AAC 75.341(d) that modifies the levels for the

(1) migration to groundwater or human health pathway in Table B1 or migration to groundwater or inhalation pathway in Table B2, based on the use of approved site-specific soil data, and the equations set out in the department's Procedures for Calculating Cleanup Levels, dated February 1, 2018, and adopted by reference;

(2) migration to groundwater pathway in Table B1 or Table B2 based on approved site-specific soil and groundwater data and an approved fate and transport model that demonstrates that alternative soil cleanup levels are protective of the applicable groundwater cleanup levels under 18 AAC 75.345; or

(3) human health pathway in Table B1 or ingestion or inhalation pathway in Table B2 based on use of commercial or industrial exposure parameters listed in Appendix B of the Procedures for Calculating Cleanup Levels, adopted by reference in (1) of this subsection, if the department determines that the site serves a commercial or industrial land use, the department will base a land use determination under this paragraph upon

(A) consultation with the public, including the local zoning authority, in any;

(B) a determination that the site does not serve a residential land use;

(C) a determination that the site will not serve a future residential land use based on consideration of the factors in EPA's Land Use in the CERCLA Remedy Selection Process, OSWER Dir. No. 9355.7-04, dated May 25, 1995, adopted by reference; land in an undeveloped area for which it would be difficult to determine a future use pattern is capable of being a residential area, unless demonstrated otherwise; and

(D) consent of each landowner who is affected by the contamination at the site that a cleanup level less stringent than a cleanup level appropriate to residential land use is appropriate for the site.

(f) Under method four, the department will approve a site-specific alternative cleanup level if a responsible person

(1) performs a site-specific risk assessment and submits a risk assessment report to the department for approval, and if the department determines that the alternative cleanup level is protective of human health, safety, and welfare, and of the environment based on the site-specific risk assessment; in performing the risk assessment, a responsible person shall follow the department's Risk Assessment Procedures Manual, dated February 1, 2018, and adopted by reference; and

(2) obtains the consent of each landowner who is affected by the contamination at the site that a cleanup level less stringent than a cleanup level appropriate to residential land use is appropriate for the site.

(g) The department will develop a site-specific cleanup level for a hazardous substance not listed under 18 AAC 75.341(c) using the procedures set out in the department's Risk Assessment Procedures Manual, adopted by reference in (f)(1) of this section, unless the responsible person demonstrates that a site-specific cleanup level is not necessary to ensure protection of human health, safety, and welfare, and of the environment.

(h) The department will approve less stringent soil cleanup levels, subject to any institutional controls required under 18 AAC 75.375, if a responsible person demonstrates that

(1) background concentrations of a hazardous substance in the site area exceed the applicable cleanup level set out in 18 AAC 75.341 for the hazardous substance; or

(2) the limit of quantitation and limit of detection for the hazardous substance exceeds the applicable cleanup level set out in 18 AAC 75.341 for that substance.

(i) The department will require a responsible person to modify a cleanup level under this section or to perform a site-specific analysis of additional site risks if the department determines that

(1) as a result of site conditions or new data, a modification is necessary to protect human health, safety, or welfare, or the environment; or

(2) a site-specific analysis is necessary due to

(A) exposure pathways such as the potential for the accumulation of vapors in buildings or other structures at levels that threaten human health;

(B) sediment contamination;

(D) other site uses such as recreational, agricultural, or subsistence use; or

(E) the presence of sensitive subpopulations who respond biologically to lower levels of exposure to a hazardous substance.

(j) Soil cleanup levels based on

(1) migration of a hazardous substance to groundwater must be attained in the surface soil and the subsurface soil;

(2) human exposure from ingestion of or dermal contact with soil, or from inhalation of particulates or a volatile hazardous substance, must be attained in the surface soil and the subsurface soil to a depth of 15 feet, unless an institutional control or site conditions prevent human exposure to the subsurface soil; and

(3) the maximum allowable concentrations for petroleum hydrocarbons described in Table B2 of 18 AAC 75.341(d) must be attained in the surface soil and the subsurface soil.

(k) For a cleanup conducted under methods two and three, a chemical that is detected at one-tenth or more of the Table B1 human health cleanup levels set out in 18 AAC 75.341(c) must be included when calculating cumulative risk under 18 AAC 75.325(g).

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165; am 10/9/2008, Register 188; am 1/1/2016, Register 217; am 11/6/2016, Register 220; am 9/29/2018, Register 227

18 AAC 75.341 Soil cleanup levels; tables

(a) If a responsible person uses method one for petroleum hydrocarbons for a non-Arctic zone under 18 AAC 75.340, the soil cleanup levels must be based on Table A1 in this subsection.

TABLE A1. METHOD ONE -- PETROLEUM HYDROCARBON

SOIL CLEANUP LEVELS IN NONARCTIC ZONES

(See notes to table for further requirements)

Part A: Determine score for each item* 1. Depth to Groundwater Less than 5 feet(10)5 feet to 15 feet(8)More than 15 feet to 25 feet(6)More than 25 feet to 50 feet(4)More than 50 feet(1)2. Mean Annual Precipitation More than 40 inches(10)More than 25 inches to 40 inches(5)15 inches to 25 inches(3)Less than 15 inches(1)3. Soil Type (Unified Soil Classification) Clean, course-grained soils(10)Coarse-grained soils with fines(8)Fine-grained soils (low organic

carbon)(3)Fine-grained soils (high organic

carbon)(1)4. Potential Receptors (Select the most applicable category) a. Public water system within

1000 feet, or private

water system within 500 feet(15)b. Public/private water system

within 1/2 mile(12)c. Public/private water system

within one mile(8)d. No water system within one mile(4)e. Nonpotable groundwater(1)5. Volume of Contaminated Soil More than 500 cubic yards(10)More than 100 cubic yards to

500 cubic yards(8)More than 25 cubic yards to

100 cubic yards(5)10 cubic yards to 25 cubic yards(2)Less than 10 cubic yards(0)*The items to be scored are defined in note 1 to this table.

Part B: Add scores from Part A to determine matrix score and cleanup level

Matrix Score

for Each Category Cleanup Level in mg/kg

Gasoline Range

Organics Diesel Range

Organics Residual Range

Organics Category A: More501002000than 40Category B: 26 - 401002002000Category C: 21 - 2650010002000Category D: Less100020002000than 21

Notes to Table A1: 1. The following definitions for items 1 - 5 in Part A apply for purposes of using method one:a. "depth to groundwater" means the measurement from the lowest point of the zone of soil contamination to the seasonal high groundwater table; a responsible person may not claim a lower matrix score for soil by moving contaminated soil to a higher elevation relative to the groundwater table;b. "mean annual precipitation" is defined at 18 AAC 75.990;c. "soil type" means the predominant Unified Soil Classification (USC) soil type between the deepest point of contamination and the seasonal high groundwater table; a responsible person may seek to demonstrate that otherwise coarse-grained soil has an organic carbon content that might enable a lower point classification. Soil types using the USC system are further defined as shown in Figure 1:

Figure 1

SOIL TYPE

UNIFIED SOILS

CLASSIFICATIONS

Clean coarse-grainedGW, GP, SW, SPCoarse-grained with finesGM, GC, SM, SC, GP-GC, SP-

SM, GW-GM, SW-SM, SW-SCFine-grained with low organic carbonML, CL, HM, CHFine-grained with high organic carbonOL, OH, Pt

d. for the "potential receptors" categories,i. "public water system" and "private water system" have the meaning given those terms in 18 AAC 80.1990;ii. "nonpotable" means unusable for drinking water due to a water quality condition, such as salinity, that was not caused by or that does not arise from contamination at the site;e. "volume of contaminated soil" means the total estimated volume of soil that is contaminated above the applicable cleanup level before a responsible person begins a removal or cleanup action.2. For the "potential receptors" categories, a responsible person shall submit a demonstration supporting the score assigned, including the results of an approved water well survey; the most conservative score must be used to determine the proximity of potential receptors; for example, if a water system is within one-quarter mile, the category, "public/private water system within one mile" that would score 8 would be superseded by the category "public/private water system within 1/2 mile" that would score 12.3. The identity of a released refined petroleum product must be assumed to be unknown unless a responsible person demonstrates that the product is only gasoline, or only a refined nongasoline product; the department will waive the requirement that a product be identified by analysis if a responsible person demonstrates that only one type of product was stored or distributed at the site; the soil cleanup levels in Part B are based on gas chromatographic analytical measurements corresponding to a specific measured range of petroleum hydrocarbons as follows:a. gasoline range organics: light-range petroleum products such as gasoline, with petroleum hydrocarbon compounds corresponding to an alkane range from the beginning of C6 to the beginning of C10 and a boiling point range between approximately 60° Centigrade and 170° Centigrade;b. diesel range organics: mid-range petroleum products such as diesel fuel, with petroleum hydrocarbon compounds corresponding to an alkane range from the beginning of C10 to the beginning of C25 and a boiling point range between approximately 170° Centigrade and 400° Centigrade;c. residual range organics: heavy-range petroleum products such a lubricating oils, with petroleum hydrocarbon compounds corresponding to an alkane range from the beginning of C25 to the beginning of C36 and a boiling point range between approximately 400° Centigrade and 500° Centigrade.4. In addition to meeting the soil cleanup levels in Part B, a responsible person shall ensure that the site meets the most stringent standards for benzene, toluene, ethylbenzene, and total xylenes for the applicable exposure pathway in Table B1 in (c) of this section.

(b) If a responsible person uses method one for petroleum hydrocarbons for an Arctic zone under 18 AAC 75.340, the soil cleanup levels must be based on Table A2 in this subsection.

TABLE A2. METHOD ONE - PETROLEUM HYDROCARBON SOIL

CLEANUP LEVELS IN THE ARCTIC ZONE

PRODUCT Cleanup Level in mg/kg Diesel Range

Petroleum Hydro-

carbons Gasoline Range

Petroleum Hydro-

carbons Residual Range

Petroleum Hydro-

carbons GasolineN/A100N/ADiesel200*N/AN/AUnknown/Crude200100N/AResidualN/AN/A2000In this table, "N/A" means "not applicable."*If a responsible party demonstrates that contamination is due to a diesel spill, that levels of benzene, toluene, ethylbenzene, and total xylene isomers (BTEX) are less than 15 mg/kg, that benzene levels are less than 0.5 mg/kg, and that other site conditions are favorable, and if the department determines that a less stringent level is protective of human health, safety, and welfare, and of the environment, the department will allow a cleanup level of 500 mg/kg for diesel range petroleum hydrocarbons.

The Arctic Zone numeric cleanup levels in this table cover only contamination related to manmade pads and roads. The department will determine the cleanup levels for undisturbed tundra or other undisturbed native vegetation on a site-specific basis, depending upon whether a cleanup action would cause more severe or long-term damage than would the discharge or release alone.

(c) If a responsible person uses method two for chemicals other than petroleum hydrocarbons under 18 AAC 75.340, the soil cleanup levels must be based on Table B1 in this subsection.

TABLE B1. METHOD TWO - SOIL CLEANUP LEVELS TABLE (See notes for additional requirements)

Hazardous SubstanceCAS Num-

ber1health effect that drives risk; carcin-ogen (ca); noncar-cinogen (nc); muta-gen (m)Arctic Zone2 Under 40 Inch Zone3 Over 40 Inch Zone4 Migration

to Ground-

water6 (mg/kg)Human Health5 (mg/kg)Human Health5 (mg/kg)Human Health5 (mg/kg)Acenaphthene 783-32-9nc630046003800 37 Acenaphthylene7.8208-96-8nc310023001900 18 Acetone67-64-1nc1.0 x 105;9 8100065000 38 Aldrin309-00-2ca0.670.490.40 0.0099 Anthracene7120-12-7nc310002300019000 390 Antimony (metallic)7440-36-0nc5541334.6 Arsenic, lnorganic117440-38-2ca128.87.20.20 Barium7440-39-3nc2500020000170002100 Benz[a]anthracene756-55-3m2014120.70 Benzaldehyde100-52-7nc770

(3000)10 770

(2300)10 770

(1800)10 0.52 Benzene771-43-2ca16118.10.022 Benzo[a]pyrene750-32-8m2.01.51.21.9 Benzo[b]fluoranthene7205-99-2m20151220 Benzo[g,h,i]perylene7.8191-24-2nc31002300190015000 Benzo[k]fluoranthene7207-08-9m200150120190 Bcnzoic Acid65-85-0nc1.0 x 105;9 1.0 x 105;9 1.0 x 105;9 200 Benzyl Alcohol100-51-6nc11000820067005.7 Beryllium and compounds7440-41-7nc270200170260 Bis(2-chloroethyl)ether111-44-4ca4.02.82.10.00042 Bis(2-ethylhexyl)phthalate117-81-7ca68050041088 Bromobenzene108-86-1nc160

(410)10 160

(290)10 160

(215)10 0.36 Bromodichloromethane75-27-4ca5.33.62.60.0043 Bromoform75-25-2ca3402401700.10 Bromomethane74-83-9nc15107.40.024 Butadiene, 1,3-106-99-0ca1.20.860.640.0012 Butanol, N-71-36-3nc6500

(14000)10 6500

(10000)10 6500

(8300)10 5.3 Butyl Benzyl Phthalate85-68-7ca50003700300016 Butylbenzene, n-104-51-8nc20

(6800)10 20

(5000)10 20

(4150)10 23 Butylbenzene, sec-135-98-8nc28

(14000)10 28

(10000)10 28

(8300)10 42 Butylbenzene, tert-98-06-6nc36

(14000)10 36

(10000)10 36

(10000)10 11 Cadmium7440-43-9nc12092769.1 Carbon Disulfide75-15-0nc500

(1600)10 500

(1100)10 500

(800)10 2.9 Carbon Tetrachloride56-23-5ca139.16.60.021 Chlordane12789-03-6ca2922170.18 Chlordecone (Kepone)143-50-0ca0.950.700.580.0083 Chloroaniline, p-106-47-8ca4735290.015 Chlorobenzene108-90-7nc180

(370)10 180

(250)10 180

(180)10 0.46 Chloroform67-66-3ca5.84.02.90.0071 Chloromethane74-87-3nc2501701200.61 Chloronaphthalene, Beta-91-58-7nc84006200510026 Chlorophenol, 2-95-57-8nc6805104100.71 Chromium(llI), Insoluble Salts1216065-83-1nc1.0 x 105;9 1.0 x 105;9 1.0 x 105;9 1.0 x 105;9 Chromium(Vl)1218540-29-9m4.93.93.20.089 Chrysene7218-01-9m200015001200600 Copper7440-50-8nc550041003300370 Cresol, m-108-39-4nc5500410034006.1 Cresol, o-95-48-7nc5500410034006.2 Cresol, p-106-44-5nc110008200670012 Cumene98-82-8nc54

(2500)10 54

(1700)10 54

(1300)10 5.6 Cyanide (CN-)1357-12-5nc4834260.20 Cyclohexane110-82-7nc77

(14000)10 77

(9400)10 77

(6700)10 150 DDD72-54-8ca3.32.52.00.098 DDE,p,p'-72-55-9ca3425200.72 DDT50-29-3ca3324205.1 Dibenz[a,h]anthracene753-70-3m2.01.51.26.3 Dibenzofuran132-64-9nc13095770.97 Dibromochloromethane124-48-1ca140110880.0027 Dibromoethane, 1,2- (Ethylene Dibromide)106-93-4ca0.620.420.310.00024 Dibromomethane (Methylene Bromide)74-95-3nc4531220.025 Dibutyl Phthalate84-74-2nc110008200670016 Dichlorobenzene, 1,2-95-50-1nc78

(2300)10 78

(1600)10 78

(1200)10 2.4 Dichlorobenzene, 1,3-8541-73-1nc62

(2000)10 62

(1400)10 62

(1000)10 2.3 Dichlorobenzene, 1,4-106-46-7ca3121150.037 Dichlorobenzidine, 3,3'-91-94- 1ca2116130.056 Dichlorodifluoromethane75-71-8nc2201501103.9 Dichloroethane, 1,1-75-34-3ca6746330.092 Dichloroethane, 1,2-107-06-2ca8.05.53.90.0055 Dichloroethylene, 1,1-75-35-4nc4803302401.2 Dichloroethylene, 1,2-cis-156-59-2nc2702001700.12 Dichloroethylene, 1,2-trans-156-60-5nc960

(2700)10 960

(2000)10 960

(1700)10 1.3 Dichlorophenol, 2,4-120-83-2nc3302502000.21 Dichlorophenoxy Acetic Acid, 2,4-94-75-7nc12009107400.53 Dichloropropane, 1,2-78-87-5nc2517120.030 Dichloropropene, 1,3-542-75-6ca3021150.018 Dieldrin60-57-1ca0.590.440.360.0047 Diethyl Phthalate84-66-2nc88000660005400060 Dimethylphenol, 2,4-105-67-9nc2200160013003.2 Dimethylphthalate8131-11-3nc88000660005400048 Dinitrobenzene, 1,2-528-29-0nc118.26.70.014 Dinitrobenzene. 1,3-99-65-0nc118.26.70.014 Dinitrobenzene, 1,4-100-25-4nc118.26.70.014 Dinitrophenol, 2,4-51-28-5nc2201601300.34 Dinitrotoluene, 2,4-121-14-2ca3023180.024 Dinitrotoluene, 2,6-606-20-2ca6.34.73.80.0050 Dinitrotoluene, 2-Amino-4,6-35572-78-2nc2702001600.25 Dinitrotoluene, 4-Amino-2,6-19406-51-0nc2702001600.25 Dioxane, 1,4-123-91-1ca10073580.012 Diphenylamine122-39-4nc110008200670017 Endosulfan (Endosulfan I + Endosulfan II)115-29-7nc8206105009.3 Endrin72-20-8nc3325200.61 Ethyl Chloride75-00-3nc1400

(29000)10 1400

(20000)10 1400

(14000)10 72 Ethylbenzene7100-41-4ca7249350.13 Ethylene Glycol107-21-1nc1.0 x 105;9 1.0 x 105;9 1.0 x 105;9 110 Fluoranthene7206-44-0nc420031002500590 Fluorene786-73-7nc42003100250036 Formaldehyde50-00-0ca4302902100.011 Heptachlor76-44-8ca2.21.61.30.0076 Heptachlor Epoxide1024-57-3ca1.20.860.690.0019 Hexachlorobenzene118-74-1ca2.82.01.50.0082 Hexachlorobutadiene87-68-3nc3.3

(14)10 3.3

(10)10 3.3

(7.2)10 0.020 Hexachlorocyclohexane, Alpha-319-84-6ca1.51.10.910.0029 Hexachlorocyclohexane. Beta-319-85-7ca5.33.93.20.010 Hexachlorocyclohexane, Gamma- (Lindane)58-89-9ca9.97.46.00.016 Hexachlorocyclopentadiene77-47-4nc2.01.41.00.0093 Hexachloroethane67-72-1ca2517120.018 Hcxahydro-1,3,5-trinitro- 1,3,5-triazine (RDX)121-82-4ca11079640.027 Hexane, N-110-54-3nc140

(1600)10 140

(1100)10 140

(750)10 13010 Hexanone, 2-591-78-6nc3802702100.11 Hydrazine302-01-2ca0.760.550.403.1 x 10-5 lndeno[1,2,3-cd]pyrene7193-39-5m20151265 lsophorone78-59-1ca10000740061002.7 lsopropanol67-63-0nc14000950068001.1 Lead and Compounds147439-92-1nc400400400n/a Manganese7439-96-5nc290027002000370 Mercuric Chloride87487-94-7nc4130253.9 Mercury (elemental)7439-97-6nc3.1

(28)10 3.1

(19)10 3.1

(14)10 0.36 Methanol67-56-1nc1.0 x 105;9 1.0 x 105;9 1.0 x 105;9 54 Methoxychlor72-43-5nc55041034013 Methyl Ethyl Ketone (2-Butanone)78-93-3nc23000

(53000)10 23000

(38000)10 23000

(30000)10 15 Methyl lsobutyl Ketone (4-methyl-2-pentanone)108-10-1nc2200

(69000)10 2200

(47000)10 2200

(34000)10 18 Methyl Mercury22967-92-6nc14108.3180 Methyl tert-Butyl Ether (MTBE)1634-04-4ca9706704800.40 Methylene Chloride75-09-2nc6304603600.33 Methylnaphthalene, 1-90-12-0ca68

(310)10 68

(230)10 68

(190)10 0.41 Methylnaphthalene, 2-91-57-6nc4203102501.3 Naphthalene791-20-3ca4229200.038 Nickel Soluble Salts7440-02-0nc260020001700340 Nitrobenzene98-95-3ca6443310.0079 Nitroglycerin55-63-0nc118.26.70.0082 Nitroguanidine556-88-7nc11000820067005.8 Nitrosodimethylamine, N-62-75-9m0.0360.0260.0203.3 x 10-6 Nitroso-di-N-propylamine, N-621-64-7ca1.41.000.820.00068 Nitrosodiphenylamine, N-86-30-6ca1900140012004.6 Nitrotoluene, m-99-08-1nc118.26.70.013 Nitrotoluene, o-88-72-2ca5541340.024 Nitrotoluene, p-99-99-0nc4403302700.32 Octahydro-1,3,5,7- tetranitro-1,3,5,7- tetrazocine (HMX)2691-41-0nc6700500041009.7 Octyl Phthalate, di-N117-84-0nc1100820670370 Pentachlorophenol87-86-5ca1813110.0043 Pentaerythritol tetranitrate (PETN)78-11-5nc2201601300.43 Perchlorate and Perchlorate salts14797-73-0nc9671580.037 Perfluorooctanesulfonic Acid (PFOS)81763-23-1nc2.21.61.30.0030 Perfluorooctanoic Acid (PFOA)8335-67-1nc2.21.61.30.0017 Phenanth-

rene7,885-01-8nc31002300190039 Phenol108-95-2nc33000250002000029 Phosphorus, White7723-14-0nc2.72.01.70.020 Polychlorinated Biphenyls (total)151336-36-3ca1.01.01.0n/a Propyl benzene103-65-1nc52

(5200)10 52

(3700)10 52

(2800)10 9.1 Pyrene7129-00-0nc31002300190087 Selenium7782-49-2nc6805104106.9 Silver7440-22-4nc68051041011 Strontium7440-24-6nc8200061000500005600 Styrene100-42-5nc180

(8100)10 180

(5700)10 180

(4200)10 10 TCDD, 2,3,7,8-161746-01-6ca8.2 x 10-5 6.0 x 10-5 4.9 x 10-5 3.9 x 10-6 Tetraehloroethane, 1,1,1,2-630-20-6ca3021150.022 Tetrachloroethane, 1,1,2,2-79-34-5ca8.86.14.40.0030 Tetrachloroethylene127-18-4nc68 (140)10 68 (95)10 68 (69)10 0.19 Tetryl (Trinitrophenylmethylnitramine)479-45-8nc2702001702.5 Thallium (Soluble Salts)7440-28-0nc1.41.000.830.19 Toluene7108-88-3nc200

(8000)10 200

(5800)10 200

(4500)10 6.7 Toxaphene8001-35-2ca8.66.45.20.72 Trichloro-1,2,2- trifluoroethane, 1,1,2-76-13-1nc740

(16000)10 740

(11000)10 740

(7700)10 310 Trichlorobenzene, 1,2,3-87-61-6nc11081660.15 Trichlorobenzene, 1,2,4-120-82-1nc6645320.082 Trichloroethane, 1,1,1-71-55-6nc360

(160000)10 360

(11000)10 360

(7800)10 32 Trichloroethane, 1,1,2-79-00-5nc2.31.61.10.0014 Trichloroethylene79-01-6nc7.14.93.50.011 Trichlorofluoromethane75-69-4nc980

(41000)10 980

(30000)10 980

(25000)10 41 Trichlorophenol, 2,4,5-95-95-4nc110008200670028 Trichlorophenol, 2,4,6-88-06-2nc11082670.092 Trichlorophenoxyacetic Acid, 2,4,5-93-76-5nc11008206700.66 Trichlorophenoxypropionic acid, -2,4,593-72-1nc8806605400.55 Trichloropropane, 1,2,3-96-18-4m0.0890.0660.0543.1 x 10-5 Trimethylbenzene, 1,2,4-95-63-6nc43

(400)10 43

(280)10 43

(210)10 0.61 Trimethylbenzene, 1,3,5-108-67-8nc37

(360)10 37

(250)10 37

(180)10 0.66 Tri-n-butyltin688-73-3nc4130250.68 Trinitrobenzene, 1,3,5-99-35-4nc39002900240015 Trinitrotoluene, 2,4,6-118-96-7nc6447390.39 Vanadium and Compounds7440-62-2nc6805104201100 Vinyl Acetate108-05-4nc2100140010001.1 Vinyl Chloride75-01-4ca0.690.650.610.00080 Xylenes71330-20-7nc57

(710)10 57

(490)10 57

(350)10 1.5 Zinc and Compounds7440-66-6nc4100030000250004900 See notes to table for further requirements "n/a" means not applicable.

NOTES TO TABLE B1 FOLLOW TABLE B2 IN (d) OF THIS SECTION

(d) If a responsible person uses method two for petroleum hydrocarbons under 18 AAC 75.340, the soil cleanup levels must be based on Table B2 in this subsection.

TABLE B2. METHOD TWO - PETROLEUM HYDROCARBON SOIL CLEANUP LEVELS

Petroleum Hydrocarbon Range Arctic Zone2 mg/kgUnder 40 Inch Zone3Over 40 Inch Zone4Maximum Allowable Concentra- tions17 mg/kgIngestion (mg/kg)18Inhalation (mg/kg)19Migration to Ground- water (mg/kg)6Ingestion (mg/kg)18Inhalation (mg/kg) Migration to Ground- water (mg/kg)6Ingestion (mg/kg)18Inhalation (mg/kg)19Migration to Ground- water (mg/kg)6For Laboratory Analysis using AK Methods 101, 102, and 103 C6-C10 GRO using AK 10114001400n/a14001400300140014002601400C10-C25 DRO using AK 1021250012500n/a102501250025082501250023012500C25-C36 RRO using AK 1031370022000n/a100002200011000830022000970022000For Laboratory Analysis using AK Aliphatic and Aromatic Fraction Methods 101AA, 102AA, and 103AA C6-C10 Aliphatics10001000n/a10001000270100010002401000C6-C10 Aromatics10001000n/a10001000150100010001301000C10-C25 Aliphatics1000010000n/a10000100007200830010000640010000C10-C25 Aromatics50005000n/a4100500010033005000905000C25-C36 Aliphatics2000020000n/a20000200002000020000200002000020000C25-C36 Aromatics410010000n/a300100003300250010000290010000See notes to table for further requirements. ''n/a'' means not applicable.

Notes to Tables B1 and B2: If applicable, alternative cleanup levels must be protective of migration to surface water. Concentrations of hazardous substances in soil must be calculated and presented on a per dry weight basis. For volatile organic hazardous substances for which toxicity data are not currently available or calculated levels exceed the calculated saturation concentration, the cleanup level that applies at a site is the calculated saturation concentration determined using the equations set out in the Procedures for Calculating Cleanup Levels, adopted by reference in 18 AAC 75.340. The cleanup level from Table B1 or B2 that applies at a site is the most stringent of the applicable exposure pathway-specific cleanup levels based on human health, ingestion, inhalation, or migration to groundwater. Where the superscript figure "9" follows the exponent "105", separated by a semicolon, the figure "9" refers to Note 9. 1. "CAS Number" means the Chemical Abstract Service (CAS) registry number uniquely assigned to chemicals by the American Chemical Society and recorded in the CAS Registry System. 2. "Arctic zone" is defined at 18 AAC 75.990. 3. "Under 40 inch zone" means a site that receives mean annual precipitation of less than 40 inches each year. 4. "Over 40 inch zone" means a site that receives mean annual precipitation of 40 or more inches each year. 5. The "Human Health" exposure pathway is the cumulative exposure pathway through dermal contact, ingestion, and inhalation of volatile and particulate compounds from hazardous substances in the soil but excludes the vapor intrusion pathway of indoor air inhalation. 6. The "Migration to Groundwater" exposure pathway is the potential for hazardous substances to leach to groundwater where they may result in a completed human health exposure pathway through dermal contact, ingestion, or inhalation of contaminants at or above levels listed in Table C at 18 AAC 75.345(b)(1); soil cleanup levels protective of migration to surface water must be determined on a site-specific basis. 7. If using method two or method three, the applicable petroleum hydrocarbon cleanup levels must be met in addition to the applicable chemical-specific cleanup levels for benzene, ethylbenzene, toluene, and total xylenes; the chemical-specific cleanup levels for the polynuclear aromatic hydrocarbons acenaphthene, acenapthylene, anthracene, benz[a]anthracene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, benzo[g,h,i]pyrene, chrysene, dibenz[a,h]anthracene, fluoranthene, fluorene, indeno[1,2,3-c,d]pyrene, naphthalene, phenanthrene, and pyrene must also be met unless the department determines that those cleanup levels need not be met to protect human health, safety, and welfare, and the environment. 8. Where one or more toxicological values were unavailable, toxicity values from surrogate compounds or other sources were used as presented in Table 6 in the Procedures for Calculating Cleanup Levels, adopted by reference in 18 AAC 75.340. 9. The ceiling limit of 100,000 mg/kg is equivalent to a chemical representing 10 percent by weight of the soil sample. At this contaminant concentration and higher, the assumptions for soil contact may be violated (for example, soil adherence and wind-borne dispersion assumptions) due to the presence of the foreign substance itself. 10. This level is based on a soil saturation concentration (Csat) using the equations set out in Procedures for Calculating Cleanup Levels, adopted by reference in 18 AAC 75.340. The Csat value is listed first, followed by the human health risk-based cleanup level in parentheses. The human health risk-based cleanup level assumptions do not take free product into consideration. In accordance with 18 AAC 75.325(f), free product must be recovered to the maximum extent practicable. Contaminant concentrations above the Csat value trigger the need to assess the practicability of product recovery; if the department determines product recovery is impracticable, the risk-based cleanup level may be applied as long as the cumulative risk standards are met. 11. Due to the prevalence of naturally occurring arsenic throughout the state, arsenic at a site will be considered background arsenic unless anthropogenic contribution from a source, activity, or mobilization by means of another introduced contaminant is known or suspected. 12. Due to the prevalence of naturally occurring chromium III throughout the state, sample results reported for total chromium detected at a site will be considered background chromium III unless anthropogenic contribution of chromium III or VI from a source, activity, or mobilization by means of another introduced contaminant is known or suspected. The calculated chromium III migration to groundwater cleanup level exceeds 1,000,000 parts per million. 13. Cyanide expressed as free, or physiologically available cyanide. 14. Lead cleanup levels are based on land use; for residential land use, the soil cleanup level is 400 mg/kg. For commercial or industrial land use, as applied in 18 AAC 75.340(e)(3), the soil cleanup level is 800 mg/kg; through an approved site-specific risk assessment, conducted according to the Risk Assessment Procedures Manual, adopted by reference in 18 AAC 75.340, approved exposure models may be used to evaluate exposure to a child resident or an adult worker; a responsible person may also propose an alternative cleanup level, through a site-specific risk assessment conducted according to the Risk Assessment Procedures Manual, and based on a chemical speciation of the lead present at the site. For soils contaminated with lead more than 15 feet below ground surface, lead cleanup levels will be determined on a site-specific basis. 15. The applicable EPA regulation governing disposal and cleanup of PCB contaminated facilities under 40 C.F.R. 761.61 (PCB remediation waste) may apply to cleanup of polychlorinated biphenyls (PCBs) at a contaminated site. The PCB cleanup levels listed in Table Bl are based on cleanup levels referred to in 40 C.F.R. 761.61 for high occupancy areas with no cap. For unrestricted land use, polychlorinated biphenyls (PCBs) in soil shall be cleaned up to the listed value, unless the department determines that a different cleanup level is necessary as provided in 18 AAC 75.340(i); with the prior approval of the department, PCBs in soil may be cleaned up to (A) between 1 and 10 mg/kg if the responsible person (i) caps each area containing PCBs in soil at levels between 1 and 10 mg/kg; for purposes of this Note 15, "caps" means covering an area of PCB contaminated soil with an appropriate material to prevent exposure of humans and the environment to PCBs; to be approved, a cap must be designed and constructed of a material acceptable to the department and of sufficient strength and durability to withstand the use of the surface that is exposed to the environment; within 72 hours after discovery of a breach to the integrity of a cap, the responsible person or the landowner shall initiate repairs to that breach; and (ii) provides the department within 60 days after completing the cleanup, documentation that the responsible person has recorded a deed notation in the appropriate land records, or on another instrument that is normally examined during a title search, documenting that PCBs remain in the soil, that the contaminated soil has been capped, and that subsequent interest holders may have legal obligations with respect to the cap and the contaminated soil; or (B) an alternative PCB soil cleanup level developed through an approved site-specific risk assessment, conducted according to the Risk Assessment Procedures Manual, adopted by reference at 18 AAC 75.340. 16. This cleanup level is for 2,3,7,8-Tetrachlorordibenzo-p-Dioxin (TCDD) only; all cleanup levels for polychlorinated dibenzo-p-dioxin (PCDD) and polychlorinated dibenzofuran (PCDF) congeners must be determined on a site-specific basis using he TCDD toxicity equivalent (TEQ) approach described in the Procedures for Calculating Cumulative Risk, adopted by reference in 18 AAC 75.325. 17. This level is the concentration C6 - C10, C10 - C25, or C25 - C36 petroleum hydrocarbon range in surface and subsurface soil that if exceeded, indicates an increased potential for hazardous substance migration or for risk to human health, safety, or welfare, or to the environment; the level of a petroleum hydrocarbon may not remain at a concentration above the maximum allowable concentration unless a responsible person demonstrates that the petroleum hydrocarbon will not migrate and will not pose a significant risk to human health, safety, or welfare, or to the environment; free product must be recovered as required by 18 AAC 75.325(f). 18. "Ingestion" means a potential pathway or exposure to hazardous substances through direct consumption of the soil. 19. "Inhalation" means a potential pathway to volatile organic hazardous substances in the soil through volatilization, but excludes the vapor intrusion pathway of indoor air inhalation.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165; am 10/9/2008, Register 188; am 11/6/2016, Register 220; am 9/29/2018, Register 227

18 AAC 75.345 Groundwater and surface water cleanup levels

(a) Except as otherwise provided in this section, cleanup of a discharge or release of a hazardous substance to groundwater or surface water must meet the requirements of this section.

(b) Contaminated groundwater must meet

(1) the cleanup levels in Table C if the current use or the reasonably expected potential future use of the groundwater, determined under 18 AAC 75.350, is a drinking water source;

TABLE C. GROUNDWATER CLEANUP LEVELS Hazardous Substance CAS Number1 Health effect that

drives risk:

carcinogen (ca);

noncarcinogen (nc);

mutagen (m) Groundwater

Human Health

Cleanup Level2

(micrograms/liter) Acenaphthene83-32-9nc530 Acenaphthylene3208-96-8nc260 Acetone67-64-1nc14000 Aldrin309-00-2ca0.0092 Anthracene120-12-7nc43 (1800)4 Antimony (metallic)7440-36-0nc7.8 Arsenic, Inorganic57440-38-2ca0.52 Barium7440-39-3nc3800 Benz[a]anthracene56-55-3m0.30 Benzaldehyde100-52-7nc190 Benzene71-43-2ca4.6 Benzo[a]pyrene50-32-8m0.25 Benzo[b]fluoranthene205-99-2m2.5 Benzo[g,h,i]perylene3191-24-2nc0.26 (600)4 Benzo[k]fluoranthene207-08-9m0.80 (25)4 Benzoic Acid65-85-0nc75000 Benzyl Alcohol100-51-6nc2000 Beryllium and compounds7440-41-7nc25 Bis(2-chloroethyl)ether111-44-4ca0.14 Bis(2-ethylhexyl)phthalate117-81-7ca56 Bromobenzene108-86-1nc62 Bromodichloromethane75-27-4ca1.3 Bromoform75-25-2ca33 Bromomethane74-83-9nc7.5 Butadiene, 1,3-106-99-0ca0.18 Butanol, N-71-36-3nc2000 Butyl Benzyl Phthalate85-68-7ca160 Butylbenzene, n-104-51-8nc1000 Butylbenzene, sec-135-98-8nc2000 Butylbenzene, tert-98-06-6nc690 Cadmium (Diet)7440-43-9nc9.2 Carbon Disulfide75-15-0nc810 Carbon Tetrachloride56-23-5ca4.6 Chlordane12789-03-6ca0.20 Chlordecone (Kepone)143-50-0ca0.035 Chloroaniline, p-106-47-8ca3.7 Chlorobenzene108-90-7nc78 Chloroform67-66-3ca2.2 Chloromethane74-87-3nc190 Chloronaphthalene, Beta-91-58-7nc750 Chlorophenol, 2-95-57-8nc91 Chromium(III), Insoluble

Salts616065-83-1nc22000 Chromium(VI)618540-29-9m0.35 Chrysene218-01-9m2.0 (250)4 Copper7440-50-8nc800 Cresol, m-108-39-4nc930 Cresol, o-95-48-7nc930 Cresol, p-106-44-5nc1900 Cumene98-82-8nc450 Cyanide (CN-)57-12-5nc1.5 Cyclohexane110-82-7nc13000 DDD72-54-8ca0.060 DDE, p.p'-72-55-9ca0.46 DDT50-29-3ca2.3 Dibenz[a,h]anthracene53-70-3m0.25 Dibenzofuran132-64-9nc7.9 Dibromochloromethane124-48-1ca8.7 Dibromoethane, 1,2-

(Ethylene Dibromide)106-93-4ca0.075 Dibromomethane

(Methylene Bromide)74-95-3nc8.3 Dibutyl Phthalate84-74-2nc900 Dichlorobenzene, 1,2-95-50-1nc300 Dichlorobenzene, 1,3-3541-73-1nc300 Dichlorobenzene, 1,4-106-46-7ca4.8 Diehlorobenzidine, 3,3'-91-94-1ca1.3 Dichlorodifluoromethane75-71-8nc200 Dichloroethane, 1,1-75-34-3ca28 Dichloroethane, 1,2-107-06-2ca1.7 Dichloroethylene, 1,1-75-35-4nc280 Dichloroethylene, 1,2-cis-156-59-2nc36 Dichloroethylene, 1,2-

trans-156-60-5nc360 Dichlorophenol, 2,4-120-83-2nc46 Dichlorophenoxy Acetic

Acid, 2,4-94-75-7nc170 Dichloropropane, 1,2-78-87-5nc8.2 Dichloropropene, 1,3-542-75-6ca4.7 Dieldrin60-57-1ca0.018 Diethyl Phthalate84-66-2nc15000 Dimethylphenol, 2,4-105-67-9nc360 Dimethylphthalate3131-11-3nc16000 Dinitrobenzene, 1,2-528-29-0nc1.9 Dinitrobenzene, 1,3-99-65-0nc2.0 Dinitrobenzene, 1,4-100-25-4nc2.0 Dinitrophenol, 2,4-51-28-5nc39 Dinitrotoluene, 2,4-121-14-2ca2.4 Dinitrotoluene, 2,6-606-20-2ca0.49 Dinitrotoluene, 2-Amino-

4,6-35572-78-2nc39 Dinitrotoluene, 4-Amino-2,6-19406-51-0nc39 Dioxane, 1,4-123-91-1ca4.6 Diphenylamine122-39-4nc1300 Endosulfan115-29-7nc100 Endrin72-20-8nc2.3 Ethyl Chloride75-00-3nc21000 Ethylbenzene100-41-4ca15 Ethylene Glycol107-21-1nc40000 Fluoranthene206-44-0nc260 (800)4 Fluorene86-73-7nc290 Formaldehyde50-00-0ca4.3 Heptachlor76-44-8ca0.014 Heptachlor Epoxide1024-57-3ca0.014 Hexachlorobenzene118-74-1ca0.098 Hexachlorobutadiene87-68-3nc1.4 Hexachlorocyclohexane,

Alpha-319-84-6ca0.072 Hexachlorocyclohexane,

Beta-319-85-7ca0.25 Hexachlorocyclohexane,

Gamma- (Lindane)58-89-9ca0.42 Hexachlorocyclopentadiene77-47-4nc0.41 Hexachloroethane67-72-1ca3.3 Hexahydro-1,3,5-trintro-

1,3,5-triazine (RDX)121-82-4ca7.0 Hexane, N-110-54-3nc1500 Hexanone, 2-591-78-6nc38 Hydrazine302-01-2ca0.011 Indeno[1,2,3-cd]pyrene193-39-5m0.19 (2.5)4 Isophorone78-59-1ca780 Isopropanol67-63-0nc410 Lead and Compounds77439-92-1nc15 Manganese7439-96-5nc430 Mercuric Chloride37487-94-7nc5.7 Mercury (elemental)7439-97-6nc0.52 Methanol67-56-1nc20000 Methoxychlor72-43-5nc37 Methyl Ethyl Ketone (2-

Butanone)78-93-3nc5600 Methyl Isobutyl Ketone (4-

methyl-2-pentanone)108-10-1nc6300 Methyl Mercury22967-92-6nc2.0 Methyl tert-Butyl Ether (MTBE)1634-04-4ca140 Methylene Chloride75-09-2nc110 Methylnaphthalene, 1-90-12-0ca11 Methylnaphthalene, 2-91-57-6nc36 Naphthalene91-20-3ca1.7 Nickel Soluble Salts7440-02-0nc390 Nitrobenzene98-95-3ca1.4 Nitroglycerin55-63-0nc2.0 Nitroguanidine556-88-7nc2000 Nitrosodimethylamine, N-62-75-9m0.0011 Nitroso-di-N-propylamine,

N-621-64-7ca0.11 Nitrosodiphenylamine, N-86-30-6ca120 Nitrotoluene, m-99-08-1nc1.7 Nitrololuene, o-88-72-2ca3.1 Nitrololuene, p-99-99-0nc43 Octahydro-1,3,5,7-

tetranitro-1,3,5,7-

tetrazocine (HMX)2691-41-0nc1000 Octyl Phthalate, di-N-117-84-0nc22 (200)4 Pentachlorophenol87-86-5ca0.41 Pentaerythritol

tetranitrate (PETN)78-11-5nc39 Perchlorate and

Perchlorate Salts14797-73-0nc14 Perfluorooctanesulfonic

Acid (PFOS)31763-23-1nc0.40 Perfluorooctanoic Acid (PFOA)3335-67-1nc0.40 Phenanthrene385-01-8nc170 Phenol108-95-2nc5800 Phosphorus, White7723-14-0nc0.40 Polychlorinated

Biphenyls (PCBs)1336-36-3ca0.44 Propyl benzene103-65-1nc660 Pyrene129-00-0nc120 Selenium7782-49-2nc100 Silver7440-22-4nc94 Styrene100-42-5nc1200 Strontium7440-24-6nc12000 TCDD, 2,3,7,8-81746-01-6ca1.2 x 106 Tetrachloroethane,

1,1,1,2-630-20-6ca5.7 Tetrachloroethane,

1,1,2,2-79-34-5ca0.76 Tetrachloroethylene127-18-4nc41 Tetryl (Trinitrophenyl-

methylnitramine)479-45-8nc39 Thallium (Soluble Salts)7440-28-0nc0.20 Toluene108-88-3nc1100 Toxaphene8001-35-2ca0.71 Trichloro-1,2,2-

trifluoroethane, 1,1,2-76-13-1nc10000 Trichlorobenzene, 1,2,3-87-61-6nc7.0 Trichlorobenzene, 1,2,4-120-82-1nc4.0 Trichloroethane, 1,1,1-71-55-6nc8000 Trichloroethane, 1,1,2-79-00-5nc0.41 Trichloroethylene79-01-6nc2.8 Trichlorofluoromethane75-69-4nc5200 Trichlorophenol, 2,4,5-95-95-4nc1200 Trichlorophenol, 2,4,6-88-06-2nc12 Trichlorophenoxyacetic

Acid, 2,4,5-93-76-5nc160 Trichlorophenoxypropionic

Acid, -2,4,593-72-1nc110 Triehloropropane, 1,2,3-96-18-4m0.0075 Trimelhylbenzene, 1,2,4-95-63-6nc56 Trimethylbenzene, 1,3,5-108-67-8nc60 Tri-n-butyltin688-73-3nc3.7 Trinitrobellzene, 1,3,5-99-35-4nc590 Trinitrotoluene, 2,4,6-118-96-7nc9.8 Vanadium and Compounds7440-62-2nc86 Vinyl Acetate108-05-4nc410 Vinyl Chloride75-01-4ca0.19 Xylenes1330-20-7nc190 Zinc and Compounds7440-66-6nc6000 PETROLEUM HYDROCARBONS C6-C10 GROnc2200 C10-C25 DROnc1500 C25-C36 RROnc1100

Notes to Table C:

"CAS Number" means the Chemical Abstract Service (CAS) registry number uniquely assigned to chemicals by the American Chemical Society and recorded in the CAS Registry System.
The "Human Health" exposure pathway is the cumulative exposure pathway through dermal contact, ingestion, and inhalation of volatile compounds from hazardous substances in the water.
Where one or more toxicological values were unavailable, toxicity values from surrogate compounds or other sources were used as presented in Table 6 from the Procedures for Calculating Cleanup Levels, adopted by reference in 18 AAC 75.340.
This level is set at the compound's solubility concentration using the equations set out in the Procedures for Calculating Cleanup Levels, adopted by reference in 18 AAC 75.340. The solubility value is listed first, followed by the human health risk-based cleanup level in parentheses. The human health risk-based cleanup level assumptions do not take free product into consideration. In accordance with 18 AAC 75.325(f), free product must be recovered to the maximum extent practicable. Contaminant concentrations above the solubility value trigger the need to assess the practicability of product recovery; if the department determines product recovery is impracticable, the risk-based cleanup level may be applied as long as the cumulative risk standards are met.
Due to the prevalence of naturally occurring arsenic throughout the state, arsenic at a site will be considered background arsenic unless anthropogenic contribution from a source, activity, or mobilization by means of another introduced contaminant is known or suspected.
Due to the prevalence of naturally occurring chromium III throughout the state, sample results reported for total chromium detected at a site will be considered background chromium III unless anthropogenic contribution of chromium III or VI from a source, activity, or mobilization by means of another introduced contaminant is known or suspected.
The lead cleanup level is taken from EPA's action level for lead in water.
This cleanup level is for 2,3,7,8-Tetrachlorodibenzo-p-Dioxin (TCDD) only; all cleanup levels for polychlorinated dibenzo-p-dioxin (PCDD) and polychlorinated dibenzofuran (PCDF) congeners must be determined on a site-specific basis using the TCDD toxicity equivalent (TEQ) approach described in the Procedures for Calculating Cumulative Risk, adopted by reference in 18 AAC 75.325.

(2) an approved cleanup level based on an approved site-specific risk assessment conducted under the Risk Assessment Procedures Manual, adopted by reference in 18 AAC 75.340;

(3) an alternative cleanup level for a hazardous substance not listed under (1) of this subsection proposed by the responsible party and approved by the department, using the procedures set out in the department's Risk Assessment Procedures Manual, adopted by reference in 18 AAC 75.340, unless the responsible person demonstrates that an alternative cleanup level is not necessary to ensure protection of human health, safety, and welfare, and of the environment; or

(4) an alternative cleanup level for a hazardous substance not listed under (1) of this subsection set by the department using the procedures set out in the department's Risk Assessment Procedures Manual, adopted by reference in 18 AAC 75.340,

(c) The department will set a more stringent cleanup level than the applicable level under (b) of this section, if the department determines that a more stringent cleanup level is necessary to ensure protection of human health, safety, or welfare, or of the environment, and based on actual onsite and actual or likely offsite uses of the groundwater that are likely to be affected by the hazardous substance. In making a determination under this subsection, the department may consider

(1) the risks to current or potential future users of the groundwater as a drinking water source, as determined under 18 AAC 75.350;

(2) the presence of sensitive subpopulations who respond biologically to lower levels of exposure to a hazardous substance;

(3) the groundwater use classifications other than for drinking water, as set out under 18 AAC 70.020(a)(1)(A) and 18 AAC 70.050(2);

(4) the primary or secondary maximum contaminant levels in 18 AAC 80.300 for actual or likely drinking water supplies;

(5) a health advisory value developed by EPA's Office of Water; and

(6) the cleanup level in this section for groundwater contaminated with petroleum; the contamination may not exceed, for each petroleum hydrocarbon range applicable, including the gasoline range, the diesel range, and the reidual range,

(A) a threshold odor number (TON) of 1 for odor, as measured by Method 2150B, Standard Methods for the Examination of Water and Wastewater, 22nd edition, American Public Health Association (2012), adopted by reference; or

(B) a flavor threshold number (FT) of 1 for flavor, as measured by Method 2160B, Standard Methods for the Examination of Water and Wastewater, adopted by reference in (A) of this paragraph.

(d) Where the department determines that toxicity information is insufficient to establish a cleanup level for a hazardous substance or a pollutant that ensures protection of human health, safety, and welfare, and of the environment, the department may require a responsible person to provide an alternative source of drinking water for the affected parties or implement other institutional controls under 18 AAC 75.375 until a cleanup level is established under (b)(2), (3), or (4) of this section.

(e) Toxic substances in sediment may not cause, and may not be reasonably expected to cause, a toxic or other deleterious effect on aquatic life, except as authorized under 18 AAC 70. For purposes of this subsection, "toxic substances" has the meaning given in 18 AAC 70.990.

(f) The point of compliance where groundwater cleanup levels must be attained is throughout the site from each point extending vertically from the uppermost level of the zone of saturation to the lowest possible depth that could potentially be affected by the discharge or release of a hazardous substance, unless the department approves an alternative point of compliance as part of the cleanup action under 18 AAC 75.360. For the department to approve an alternative point of compliance under this subsection, the

(1) alternative point of compliance must be within the existing groundwater contamination plume; and

(2) cleanup levels established in (b) and (c) of this section must be met at the property boundary in an area where the current use or reasonably expected potential future use of groundwater in the neighboring property is determined to be a source of drinking water, unless a responsible person

(A) demonstrates that attainment of the applicable groundwater cleanup levels is not practicable; and

(B) provides an alternative source of water for affected persons.

(g) Groundwater that is closely connected hydrologically to nearby surface water may not cause a violation of the water quality standards in 18 AAC 70 for surface water or sediment. The department will, in consultation with local, state, and federal officials and the public, establish points of compliance with this subsection, taking into account

(1) groundwater travel time and distance from sources of hazardous substances to surface water;

(2) the contribution of the groundwater to the chemical and physical quantity and quality of the surface water;

(3) organisms living in or dependent upon the groundwater to surface water ecosystems;

(4) climatic, tidal, or seasonal variations;

(5) feasibility of attaining applicable water quality standards to support the designated uses of the surface water;

(6) presence of sediment contamination; and

(7) if conducted for the site, the conclusions of a site-specific risk assessment conducted under the Risk Assessment Procedures Manual, adopted by reference in 18 AAC 75.340.

(h) If the groundwater point of compliance is established at or near a property boundary or if groundwater is closely connected hydrologically to a surface waterbody, the department will, if the department determines that sentinel monitoring is necessary to ensure protection of human health, safety, or welfare, or the environment, require a responsible person to develop sentinel monitoring wells that monitor for any hazardous substances likely to migrate to the applicable point of compliance at concentrations that exceed the cleanup levels.

(i) The department will require long-term monitoring if the department determines that monitoring is necessary to ensure protection of human health, safety, or welfare, or of the environment, and if groundwater, surface water, soil, or sediment contains residual concentrations of a hazardous substance that exceed the applicable cleanup levels. If long-term monitoring is required under this subsection, a responsible person shall submit a plan and schedule for monitoring as part of the requirements for cleanup operations under 18 AAC 75.360. Unless otherwise approved by the department, a responsible person shall conduct monitoring quarterly for at least one year to establish the concentration trend. The department will evaluate the monitoring program yearly. If the monitoring indicates that the concentration trend

(1) is increasing, the department will require additional follow-up monitoring and assess the need for additional cleanup; or

(2) is stable or decreasing, and that hazardous substance migration is not occurring, the department will decrease or discontinue the monitoring frequency and locations, if the responsible person demonstrates that continued monitoring is not necessary to ensure protection of human health, safety, and welfare, and of the environment.

(j) The department will require groundwater, surface water, soil, or sediment monitoring to estimate contaminant flux rates and to address potential bioaccumulation of each hazardous substance at the site, if the department determines that monitoring is necessary to ensure protection of human health, safety, or welfare, or of the environment. If monitoring is required under this subsection, a responsible person shall submit a plan and schedule for monitoring as part of the cleanup operation requirements under 18 AAC 75.360.

(k) Groundwater monitoring wells must be installed, developed, and decommissioned in accordance with an approved method that is protective of human health, safety, and welfare, and of the environment.

(l) For a cleanup conducted under (b)(1) of this section, a chemical that is detected at one-tenth or more of the Table C value must be included when calculating cumulative risk under 18 AAC 75.325(g).

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.09.010 AS 46.03.050; AS 46.04.020; AS 46.09.020 AS 46.03.710; AS 46.04.070
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165; am 10/9/2008, Register 188; am 6/17/2015, Register 214; am 11/6/2016, Register 220; am 9/29/2018, Register 227

18 AAC 75.350 Groundwater use

Subject to 18 AAC 75.345(c), groundwater at the site is considered to be a drinking water source unless a responsible person demonstrates or the department determines that

(1) the groundwater is not

(A) used for a private or public drinking water system;

(B) within the zone of contribution of an active private or public drinking water system; or

(C) within a recharge area for a private or public drinking water well, a wellhead protection area, or a sole source aquifer;

(2) the groundwater is not a reasonably expected potential future source of drinking water, based on an evaluation of

(A) the availability of the groundwater as a drinking water source, including depth to groundwater, the storativity and transmissivity of the aquifer, the presence of permafrost, and other relevant information;

(B) actual or potential quality of the groundwater, including organic and inorganic substances, and as affected by background, saltwater intrusion, and known or existing areawide contamination;

(C) the existence and enforceability of institutional controls described in 18 AAC 75.375 or municipal ordinances or comprehensive plans that prohibit or limit access to the groundwater for use as drinking water;

(D) land use of the site and neighboring property, using the factors in EPA's Land Use in the CERCLA Remedy Selection Process, adopted by reference in 18 AAC 75.340;

(E) the need for a drinking water source and the availability of an alternative source; and

(F) whether the groundwater is exempt under 40 C.F.R. 146.4, revised as of July 1, 1997, and adopted by reference; and

(3) the groundwater affected by the hazardous substance will not be transported to groundwater that is a source of drinking water, or that is a reasonably expected potential future source of drinking water, in concentrations in the receiving groundwater that exceed the groundwater cleanup levels; in reviewing the demonstration required under this paragraph, the department will consider

(A) the areal extent of the affected groundwater;

(B) the distance to any existing or reasonably anticipated future water supply well;

(D) the physical and chemical characteristics of the hazardous substance;

(E) the hydrogeological characteristics of the site;

(F) the presence of discontinuities in the affected geologic stratum at the site;

(G) the local climate;

(H) the degree of confidence in any predictive modeling performed; and

(I) other relevant information; the department will request additional information if the department determines that the information is necessary to protect human health, safety, or welfare, or the environment.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155

18 AAC 75.355 Sampling and analysis

(a) Unless the department determines that final confirmation sampling is not needed to meet the requirements of the site cleanup rules, a responsible person shall submit a sampling and analysis plan for approval under 18 AAC 75.360, and after implementing the plan, shall submit the analytical sampling results collected to the department. If approved in the sampling and analysis plan, sample collection for soil or water may be performed by a qualified sampler when a qualified environmental professional is not available. Based on the results of the analyses, a responsible person shall demonstrate compliance with the site cleanup rules.

(b) A responsible person and the owner or operator of an offsite or portable treatment facility under 18 AAC 75.365 shall ensure that the collection, interpretation, and reporting of data, and the required sampling and analysis is conducted or supervised by a qualified environmental professional.

(c) If a hazardous substance is suspected at the site because of empirical evidence or prior analysis, but is not detected or is detected at a concentration below the limit of quantitation, and the limit of quantitation is higher than the cleanup level for that substance,

(1) the department will determine the responsible person to have attained the cleanup level if the limit of quantitation or limit of detection is equal to or no greater than the limit of quantitation or limit of detection achieved by a laboratory approved for that method by the department under 18 AAC 78.800 - 18 AAC 78.815;

(2) if the department determines that additional action is necessary to ensure protection of human health, safety, or welfare, or of the environment, the department will require one or more of the following:

(A) use of a surrogate measure to estimate the concentration of the hazardous substance;

(B) use of a specialized sample collection or analytical method to improve the accuracy, precision, limit of detection, or limit of quantitation for the hazardous substances at the site; or

(3) if the department determines that an improved analytical method or other responsive action is necessary to ensure protection of human health, safety, or welfare, or of the environment, the department will, before site closure and if the site is in a monitoring stage, periodically consider whether improved analytical methods should be used at the site and will require the use of an improved analytical method or other responsive action.

(d) Analysis for petroleum contamination must follow the applicable Alaska methods for petroleum hydrocarbons referred to in Table 1 of Chapter 2 of the Underground Storage Tanks Procedures Manual, dated March 22, 2017. Table 1 of Chapter 2 and Appendices C and D of the Underground Storage Tanks Procedures Manual, dated March 22, 2017 are adopted by reference.

(e) Laboratory analysis under the site cleanup rules must be performed by a laboratory approved by the department under 18 AAC 78.800 - 18 AAC 78.815.

History

Authority: AS 44.46.025; AS 46.03.710; AS 46.04.070 AS 46.03.020; AS 46.03.745; AS 46.09.020 AS 46.03.050; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165; am 6/17/2015, Register 214; am 9/29/2018, Register 227

18 AAC 75.360 Cleanup operation requirements

A responsible person shall ensure that site cleanup is conducted or supervised by a qualified environmental professional. A responsible person shall submit each of the following elements for approval before work on that element begins, and for additional approval if a modification to an element is anticipated:

(1) a schedule for conducting field work, monitoring, cleanup, and submittal of interim and final cleanup reports;

(2) a sampling and analysis plan that meets the requirements of 18 AAC 75.355;

(3) a waste management plan for handling, transporting and disposing of investigation-derived wastes, including

(A) purged water from a boring or monitoring well;

(B) cuttings, mud, and other wastes from well or boring installation and development; and

(4) a cleanup plan that includes

(A) provisions for the cleanup of soil and groundwater contaminated at levels exceeding the applicable cleanup levels determined under the site cleanup rules;

(B) detailed specifications for each cleanup technique that the department has approved under 18 AAC 75.335(c) - (d);

(D) provisions for transporting contaminated soil as a covered load in compliance with 18 AAC 60.015; and

(E) provisions for the disposal of contaminated soil and groundwater, including the location and method of disposal;

(5) a list of chemical additives proposed for use and their potential effects on

(A) the hazardous substances at the site; and

(B) human health, safety, and welfare, and the environment;

(6) a site control plan, if necessary to protect human health, safety, or welfare, or the environment, including engineering measures, such as the installation of caps and liners, and provisions for restricting access, such as the use of fences, signs, or other barriers;

(7) a demonstration that site work and the cleanup action will comply with the air quality standards and requirements of 18 AAC 50;

(8) a plan for ensuring that contaminated soil does not come in contact with uncontaminated soil during the cleanup process, except under an approved cleanup plan under this subsection or an approved operations plan under 18 AAC 75.365;

(9) a nondomestic wastewater system plan under 18 AAC 72.600, if the cleanup operation requires construction, alteration, installation, modification, or operation of a nondomestic wastewater treatment works or disposal system;

(10) the additional elements required under 18 AAC 75.365, as applicable;

(11) for ex-situ cleanup techniques,

(A) provisions for containment and handling of leachate, if leachate is produced;

(B) provisions for storing contaminated soil in compliance with the requirements of 18 AAC 75.370;

(C) if using a hot asphalt batch plant, written certification by a registered engineer that processes incorporating contaminated soils meet current industry standards for asphalt paving;

(D) if combining contaminated soil with asphalt for the purpose of cold asphalt recycling

(i) a pavement structure design study for incorporating the excavated material; the study must be certified by a registered engineer; and

(ii) the leaching assessment or model proposed for use in determining hazardous substance migration; and

(iii) results of the approved hazardous substance leaching assessment or model, referenced under (ii) of this subparagraph; those results must demonstrate that hazardous substance concentrations in the soil will not migrate;

(E) if using bioremediation, a detailed description of

(i) cultured microbes, unless using an indigenous microbe population;

(ii) electron acceptor and nutrient source for microbes;

(iii) the expected rate of biodegration;

(iv) intermediate and final breakdown products;

(v) type and amount of contamination;

(vi) any potential adverse effect on human health, safety, or welfare, or on the environment; and

(vii) other information requested by the department; the department will request additional information if the department determines that the information is necessary to ensure protection of human health, safety, or welfare, or of the environment;

(F) if using solidification, a solidification report that includes

(i) a demonstration that hazardous substance concentrations in the solidified material will not migrate;

(ii) results of structural testing on the solidified material to demonstrate that the solidified material has an unconfined compressive strength of 2,000 psi or more after 28 days;

(iii) results of leachability testing of the solidified material; and

(iv) specifications for the ratio of the mass of contaminated soil to the mass of reagent;

(G) if using soil contaminated with petroleum hydrocarbons or metals as a base for a physical barrier,

(i) a demonstration that the contaminated soil that is used for the base will be blended with uncontaminated soil only if necessary to meet design specifications;

(ii) a physical barrier design study, certified by a registered engineer;

(iii) the leaching assessment or model proposed for use in determining hazardous substance migration;

(iv) results of the approved leaching assessment or model referenced under (iii) of this subparagraph; those results must demonstrate that hazardous substance concentrations in the soil will not migrate;

(v) a demonstration that the base for a physical barrier will use no more than 18 vertical inches of material containing contaminated soil;

(vi) a demonstration that the contaminated zone will be compacted to 95 percent or more of the maximum density as specified in American Society for Testing and Materials (ASTM) D 1557-07, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort, updated November 2007 and adopted by reference, or ASTM D 4253-00, Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table, updated March 2006 and adopted by reference;

(vii) a demonstration that the material containing contaminated soil will be placed in a zone directly beneath the final base course with at least 18 inches of impervious pavement extending beyond the horizontal limit of the material containing contaminated soil;

(viii) a demonstration that at least six feet will separate the seasonal high groundwater point from the lowest point of material containing contaminated soil; and

(ix) as-built drawings, certified by a registered engineer, that show the final location of material containing contaminated soil; and

(12) for in-situ cleanup techniques,

(A) a site monitoring plan showing proposed locations of monitoring wells;

(B) a hydrogeologic description of the site, including

(i) soil and sediments present;

(ii) stratigraphy;

(iii) aquifer characteristics, including groundwater gradient, confining layers, perched water, permeability, and aquifer transmissivity;

(iv) percolation rates from precipitation; and

(v) other relevant factors;

(C) results of hydrogeologic modeling performed to address capture zones, effects of hydraulic loading, and plume migration; and

(D) if using bioremediation, a demonstration of compliance with (11)(E) of this section.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.020 AS 46.03.050; AS 46.03.745; AS 46.04.070 AS 46.03.710; AS 46.03.822; AS 46.09.020
Eff. 1/22/99, Register 149; am 10/9/2008, Register 188; am 6/17/2015, Register 214

18 AAC 75.365 Offsite or portable treatment facilities

(a) A person who owns or operates an offsite or portable treatment facility shall

(1) obtain approval of an operations plan before that person accepts or treats contaminated soil; the department will approve the plan if the department determines that the operations proposed in the plan are protective of human health, safety and welfare, and of the environment; a plan submitted under this paragraph must include

(A) a facility diagram that shows the location of

(i) each soil treatment, storage, and transportation area;

(ii) major roads within or bordering the site or facility; and

(iii) monitoring wells, surface water, water supply wells, facility boundaries, and public or private buildings within 500 feet of the facility boundary;

(B) a detailed process description, including a discussion of

(i) air, water, and solid waste process streams;

(ii) startup and shutdown procedures;

(iii) maximum process flow rate;

(iv) air pollution control equipment;

(v) water treatment systems;

(vi) the projected maximum time necessary for the treatment method to achieve soil cleanup levels for contaminated soil; and

(vii) a detailed description of any additive to be used;

(C) a post-treatment sampling and analysis plan prepared by a qualified environmental professional in accordance with 18 AAC 75.355(b) to verify that the applicable cleanup levels have been met;

(D) provisions for complete containment of the contaminated soil before, during, and after treatment until the contaminated soil meets the applicable cleanup levels; alternatively, if the treatment process, such as landfarming or landspreading, will not contain the contaminated soil, the person who owns or operates the offsite or portable treatment facility must demonstrate that there will be no uncontrolled leachate from the treatment area;

(E) for an offsite treatment facility classified as a Category C or Category D facility, as described in the department's Operation Requirements for Soil Treatment Facilities, dated March 15, 2013, engineering plans and engineering record drawings for contaminated soil and water containment structures; the Operation Requirements for Soil Treatment Facilities, dated March 15, 2013, is adopted by reference; and

(F) site monitoring procedures that will measure for secondary contamination at the treatment facility;

(2) if the facility is a Category C or Category D facility, as described in the Operation Requirements for Soil Treatment Facilities, adopted by reference in (1) of this subsection, submit the following to the department before the owner or operator accepts or treats contaminated soil:

(A) proof of a performance bond or other approved means of fiscal responsibility that will provide the department with a source of funds to clean up contaminated soils that have been received for treatment if the facility operator fails to treat the contaminated soils in accordance with this chapter; a performance bond must be executed by an insurance company licensed in the state and include a bond amount that will cover cleanup of the contaminated soils at the treatment facility; the bond shall be based on

(i) the quantity of contaminated soil allowed at the facility specified in the facility's approved operation plan; and

(ii) the cost per ton for treating contaminated soil at that facility location; and

(B) proof of pollution liability insurance that will provide the department with a source of funds to clean up secondary contamination at the facility property that is caused by the soil treatment facility during soil treatment operations;

(3) perform confirmation sampling of treated soil in accordance with a sampling and analysis plan approved under this subsection to verify that applicable cleanup levels have been met;

(4) submit to the department an assessment of background contamination at the facility before initial startup of the treatment facility; and

(5) submit to the department within 90 days after terminating operation of the treatment facility, a closure assessment demonstrating that secondary contamination did not occur at the facility; if secondary contamination did occur at the facility, the owner or operator of the portable treatment facility shall perform a cleanup of the contamination by in-situ or ex-situ treatment within two years after terminating operation.

(b) If the owner or operator of an offsite or portable treatment facility fails to process soils to the department's satisfaction in accordance with the operations plan approved under (a)(1) of this section, the department will withdraw approval under (a)(1) of this section, and that owner or operator may not process or receive contaminated soil.

(1) "engineering plans" means a set of plans approved and sealed by a registered engineer;

(2) "engineering record drawings" means the approved original plans prepared for construction and department approval under (a)(1) of this section, revised to reflect how the containment structure or system was constructed or installed, and sealed by a registered engineer;

(3) "facility" has the meaning given in AS 46.03.900; "facility" includes the land, structures, and equipment associated with treatment of contaminated soil;

(4) "offsite or portable treatment facility" has the meaning given in the Operation Requirements for Soil Treatment Facilities, adopted by reference in (a)(1) of this section;

(5) "owner or operator" has the meaning given to "owner" and "operator" in AS 46.03.826;

(6) "performance bond" means a written agreement between the owner or operator and the department guaranteeing performance of the obligations covered by the agreement;

(7) "registered engineer" means a professional engineer registered to practice in the state under AS 08.48.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 1/30/2003, Register 165; am 6/17/2015, Register 214

18 AAC 75.370 Soil storage and disposal

(a) Unless the department approves the activity in question as protective of human health, safety, and welfare, and of the environment, a responsible person may not blend contaminated soil with uncontaminated soil and shall

(1) segregate contaminated soil based on

(A) the intended cleanup alternatives; and

(B) the specific hazardous substance present;

(2) store contaminated soil

(A) 100 feet or more from surface water, a private water system, or a fresh water supply system that uses groundwater for a use designated in 18 AAC 70.020(a)(1)(A) and 18 AAC 70.050(2); and

(B) 200 feet or more from a water source serving a community water system, a non-transient non-community water system, or a transient non-community water system, as defined in 18 AAC 80.1990;

(3) place contaminated soil on a liner or on or within another impermeable surface that prevents soil and groundwater beneath the liner from becoming contaminated;

(4) place petroleum-contaminated soil on a liner that meets the minimum specifications for the testing methods set out in Table D of this section;

TABLE D. BOTTOM LINER SPECIFICATIONS

Method Coated Fabric Extruded Fabric Short-term storage of petroleum-contaminated soil (less than 180 days) Cold crack (ASTM D 2136-02(2012), updated 2012)-60° Fahrenheit-60° FahrenheitBlack carbon content (ASTM D 1603-14, updated 2014)two percent or greatertwo percent or greaterTensile strength (ASTM D 751-06(2011), updated 2011)125 pounds (warp)N/AMullen burst (ASTM D 751-06(2011), updated 2011)250 pounds per square inch (psi)N/AOne inch tensile strength (ASTM D 882-12, updated August 2012)N/A25 pounds (warp)One inch elongation MD (machine direction)N/A550 percentNominal thickness10 mils10 milsOil resistance (ASTM D 471-12a, updated December 2012)No signs of deterioration and more than 80 percent retention of tensile and seam strength after immersion for 30 days at 73° FahrenheitNo signs of deterioration and more than 80 percent retention of tensile and seam strength after immersion for 30 days at 73° FahrenheitLong-term storage of petroleum-contaminated soil (180 days to two years) Cold crack (ASTM D 2136-02(2012), updated 2012)-60° Fahrenheit-60° FahrenheitBlack carbon content (ASTM D 1603-12, updated May 2012)two percent or greatertwo percent or greaterTensile strength (ASTM D 751-06(2011), updated 2011)300 pounds (warp)N/AMullen burst (ASTM D 751-06(2011), updated May 2011)500 pounds per square inch (psi)N/AOne inch tensile strength (ASTM D 882-12, updated August 2012)N/A45 pounds (warp)One inch elongation MD (machine direction)N/A625 percentNominal thickness20 mils20 milsOil resistance (ASTM D 471-12a, updated December 2012)No signs of deterioration and more than 80 percent retention of tensile and seam strength after immersion for 30 days at 73° FahrenheitNo signs of deterioration and more than 80 percent retention of tensile and seam strength after immersion for 30 days at 73° FahrenheitThe ASTM International methods referred to in this table are adopted by reference. "N/A" means not applicable.

(5) place nonpetroleum contaminated soil on a liner compatible with the type of hazardous substance, and meet the general strength and thickness requirements of Table D;

(6) cover and protect the contaminated soil stockpile from weather with no less than a six-mil, reinforced polyethylene liner or its equivalent, with the edge of the cover lapped over the bottom liner to prevent water running through the soil; and

(7) inspect and maintain the contaminated soil stockpile regularly to ensure that the cover remains intact and that the soil and any liquid leachate derived from the soil is contained.

(b) A responsible person, owner, or operator shall obtain approval before moving or disposing of soil subject to the site cleanup rules.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 8/27/2000, Register 155; am 10/9/2008, Register 188; am 6/17/2015, Register 214; am 11/6/2016, Register 220; am 9/29/2018, Register 227

18 AAC 75.375 Institutional controls

(a) The department will, after consultation with each landowner of the site, determine that the use of an institutional control is necessary, on a site-specific basis, if the department determines that controls are required to ensure

(1) compliance with an applicable cleanup level;

(2) protection of human health, safety, or welfare, or the environment; or

(3) the integrity of site cleanup activities or improvements.

(b) Institutional controls include

(1) the requirement for and maintenance of physical measures, such as fences and signs, to limit an activity that might interfere with cleanup or result in exposure to a hazardous substance at the site;

(2) the requirement for and maintenance of engineering measures, such as liners and caps, to limit exposure to a hazardous substance;

(3) restrictive covenants, easements, deed restrictions, or other measures that would be examined during a routine title search, and that limit site use or site conditions over time or provide notice of any residual contamination; and

(4) a zoning restriction or land use plan by a local government with land use authority.

(1) appurtenant to and run with the land so that the control is binding on each future owner of the site; and

(2) maintained by each responsible person or owner of the site.

(d) If the department determines any of the following are necessary to protect human health, safety, or welfare, or the environment, the department will require that institutional controls be designed to accomplish one or more of the following:

(1) prohibit activities on the site that might interfere with the site cleanup, operation and maintenance, monitoring, or other response actions;

(2) prohibit activities that might result in the release of a hazardous substance that was contained as a part of the site cleanup activities;

(3) require written notice to the department of any proposal to use the site in a manner that is inconsistent with a restrictive covenant or other measure described in (b)(3) of this section; and

(4) grant the department and its designated representatives the right to enter the property at reasonable times to evaluate compliance with the institutional control, including the right to take samples, inspect any cleanup actions taken at the site, and inspect records relating to the operation and maintenance of the institutional control.

(e) If the department determines that financial assurance is necessary to ensure protection of human health, safety, or welfare, or of the environment, the department will require a responsible person to provide financial assurance sufficient to cover costs of operation and maintenance, including compliance monitoring and corrective measures, for any institutional control.

(f) If the concentrations of all residual hazardous substances remaining at the site are subsequently determined to be below the levels that allow for unrestricted use, the department will approve elimination of the institutional control.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.09.060 AS 46.03.050; AS 46.04.020; AS 46.09.070 AS 46.03.710; AS 46.04.070 AS 46.03.740; AS 46.04.110
Eff. 1/22/99, Register 149; am 10/9/2008, Register 188

18 AAC 75.380 Final reporting requirements and site closure

(a) A responsible person shall submit a written final cleanup report to the department for each site undergoing cleanup under the site cleanup rules. The report must be prepared by a qualified environmental professional.

(b) The written report required by (a) of this section must contain, as applicable,

(1) the date and time of the discharge or release;

(2) the location of the discharge or release, including latitude and longitude coordinates;

(3) the name and physical address of the site, facility, or operation;

(4) the name, mailing address, and telephone number of the owner and of the operator of the site, facility, or operation;

(5) the type and amount of each hazardous substance discharged or released;

(6) a description of environmental damage caused by the discharge, release, or containment, to the extent the damage can be identified;

(7) a demonstration that the free product was recovered in compliance with 18 AAC 75.325(f)(1)(B) and that provides, at a minimum, the following information:

(A) the estimated amount, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

(B) the type of free product recovery system used;

(C) whether a discharge or release has occurred or will occur at the site or offsite during the recovery operation and where the discharge or release occurred or will occur;

(D) the type of treatment applied to, and the effluent quality resulting or expected from, any substance that has been discharged or released or will be discharged or released;

(E) whether a discharge or other permit was required under local, state, or federal law and if each required permit was obtained;

(F) the date, location, and method of disposal of the recovered free product, dissolved phase product, or contaminated soil; and

(G) whether free product remains at the site, and, if so, the estimated quantity;

(8) a summary of each applicable soil and groundwater cleanup level approved under the site cleanup rules and a description of the factors used in determining each applicable cleanup level;

(9) a description of cleanup actions taken, including

(A) a demonstration that cleanup was conducted in accordance with the elements, including modifications to the elements, approved under 18 AAC 75.360;

(B) sampling reports and a description of the soil and groundwater sampling protocol and sampling locations;

(C) a summary of the laboratory reports for the final verification samples collected at the site; the laboratory or a responsible person shall keep those reports and make them available to the department upon request for at least 10 years after submission of the summary to the department;

(D) a detailed explanation of what was done if a sample exceeded the applicable required cleanup level;

(E) a demonstration that contaminated soil and groundwater were stored, treated, and disposed of in an approved manner;

(F) an estimate of the extent of any remaining residual contamination, above and below the applicable cleanup levels;

(G) a demonstration that surface soil staining was evaluated and that a cleanup of that staining was performed;

(H) whether permits were required under local, state, or federal law and if each required permit was obtained;

(I) confirmation that any hazardous waste generated was stored, treated, or disposed of in compliance with 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by Resource Conservation Recovery Act), as amended through January 6, 2003 and adopted by reference; and

(J) other information requested by the department, as the department determines necessary to ensure protection of human health, safety, or welfare, or of the environment;

(10) a demonstration of compliance with applicable institutional control requirements under 18 AAC 75.375;

(11) cumulative risk calculations.

(1) applicable soil cleanup levels, based on sampling results from onsite contaminated soil and from contaminated soil moved offsite for treatment or disposal, calculated and presented on a per dry weight basis, and based on the maximum concentrations detected, unless the department approves an appropriate statistical method, in which case compliance will be based on the mean soil concentration at the 95th percent upper confidence limit; approval of a statistical method will be based on

(A) the number and location of samples taken;

(B) whether large variations in hazardous substance concentrations relative to the mean concentration exist; and

(2) groundwater cleanup levels, based on an analysis of unfiltered groundwater samples unless a responsible person demonstrates that a filtered sample provides a more representative measure of groundwater quality; the department will determine compliance based on the maximum concentrations of a hazardous substance detected in the final confirmation samples; before closure, the size of the dissolved plume must be steady state or shrinking and concentrations of the hazardous substance must be decreasing.

(d) After reviewing the final cleanup report submitted under this section, if the department determines that

(1) a site has been adequately characterized under 18 AAC 75.335 and has achieved the applicable requirements under the site cleanup rules, the department will issue a written determination that the cleanup is complete, subject to a future department determination that the cleanup is not protective of human health, safety, or welfare, or of the environment; or

(2) the cleanup and applicable institutional controls are not protective of human health, safety, or welfare, or of the environment, the department will, as necessary to ensure protection of human health, safety, or welfare, or of the environment, require a responsible person to conduct additional actions that meet the requirements of the site cleanup rules.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.09.010 AS 46.03.050; AS 46.03.755; AS 46.09.020 AS 46.03.710; AS 46.04.020 AS 46.03.740; AS 46.04.070
Eff. 1/22/99, Register 149; am 10/9/2008, Register 188; am 6/17/2015, Register 214

18 AAC 75.385 Appeals

A person aggrieved by a final department decision under 18 AAC 75.380 or a final department decision revoking an approval issued under the site cleanup rules may request informal review under 18 AAC 15.185 or may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.020; AS 46.04.890
Eff. 1/22/99, Register 149; am 7/11/2002, Register 163; am 1/30/2003, Register 165; am 11/5/2017, Register 224

18 AAC 75.390 Waiver or modification

(a) Except as provided in (b) of this section, and if the department determines that a waiver or modification will be protective of human health, safety, and welfare, and of the environment, the department will waive or modify the site cleanup rules based on a review of the quantity or concentration of the discharge or release, soil and groundwater conditions, surface water and topography, geology, water and land use, construction methods and materials, and any other human health or environmental factor important to the evaluation. A responsible person seeking a waiver or modification of a provision of the site cleanup rules under this section shall submit a written report to justify the request and to demonstrate that the waiver or modification is protective of human health, safety, and welfare, and of the environment. A qualified environmental professional shall prepare and sign the report submitted under this section.

(b) For purposes of the site cleanup rules, the department will waive on a site-specific basis the requirement in 18 AAC 75.333(b)(1) that a qualified environmental professional be an impartial third party or the requirement in 18 AAC 75.333(c)(1) that a qualified sampler be an impartial third party if

(1) a responsible person, or if the waiver is for an offsite or portable treatment facility under 18 AAC 75.365, a responsible person, owner, or operator

(A) who seeks a waiver from 18 AAC 75.333(b)(1) demonstrates that work performed will be conducted or supervised by an objective individual who meets the requirements of 18 AAC 75.333(b)(2) - (5);

(B) who seeks a waiver from 18 AAC 75.333(c)(1) demonstrates that work performed will be conducted or supervised by an objective individual who meets the requirements of 18 AAC 75.333(c)(2) - (5); and

(i) a written request for a waiver;

(ii) the resume of the person qualified to conduct or supervise the work to be performed, showing relevant education, vocational training, related work experience, and any special training, license, certificate, or registration held by that person; and

(iii) a description of the supervisory and organizational structure related to the person identified in (ii) of this subparagraph; and

(2) the department determines that a waiver is protective of human health, safety, and welfare, and of the environment, and that strict compliance with the impartial third party requirement is not practicable.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.09.010 AS 46.03.050; AS 46.03.755; AS 46.09.020 AS 46.03.710; AS 46.04.070
Eff. 1/22/99, Register 149; am 6/17/2015, Register 214

18 AAC 75.395 Interference with cleanup prohibited

A person may not interfere with, hinder, or obstruct the containment or cleanup of a hazardous substance conducted under this chapter. This prohibition does not apply to the United States Coast Guard or EPA.

History

Authority: AS 46.03.020; AS 46.04.070 AS 46.04.020; AS 46.09.020
Eff. 1/22/99, Register 149

18 AAC 75.396 Local control

Subject to AS 29.35.020, AS 46.04.110, and AS 46.09.060, the requirements of 18 AAC 75.300 - 18 AAC 75.390 do not preempt local control that is as stringent as, or more stringent than, those requirements, and that is consistent with a regional master plan prepared under AS 46.04.210.

History

Authority: AS 46.03.020; AS 46.04.210 AS 46.04.110; AS 46.09.060
Eff. 1/22/99, Register 149

Article 4 Oil Discharge Prevention and Contingency Plans

18 AAC 75.400 Applicability

(a) A person who is subject to AS 46.04.030 or AS 46.04.055(j) must file an application for approval of an oil discharge prevention and contingency plan as required under 18 AAC 75.400 - 18 AAC 75.420 and meet the applicable requirements of 18 AAC 75.430 - 18 AAC 75.495. Notwithstanding this requirement, a person who is subject to AS 46.04.030 and operates a noncrude oil tank vessel or barge that has a storage capacity of less than 500 barrels may instead file an application for approval of a streamlined plan under 18 AAC 75.400 - 18 AAC 75.421; the applicant must meet the applicable requirements of 18 AAC 75.426 - 18 AAC 75.496. A person who is subject to AS 46.04.055(f) must file an application for approval of a streamlined plan as required under 18 AAC 75.400 - 18 AAC 75.421 and meet the applicable requirements of 18 AAC 75.426 - 18 AAC 75.496. The application must be made

(1) for an oil terminal facility that does not meet the exemption criteria under AS 46.04.050(a), by the owner or operator of the facility;

(2) for a vessel, by the person with primary operational control;

(3) for an exploration or production facility, whether mobile or fixed, by the operator or one or more lease holders;

(4) for a pipeline, by the operator or one or more lease holders; or

(5) for a railroad tank car, by the railroad transporting the railroad tank car.

(b) The person with primary operational control of a vessel that is conducting or is available only for conducting an oil discharge response operation may apply for an exemption from the requirements of AS 46.04.030(c) and 46.04.055(f) using an application form supplied by the department. The department will review the application to determine whether the exemption will be protective of human health, safety, and welfare, and of the environment. The department will approve or deny the exemption not later than 10 working days after it receives the application. In an emergency response to an actual discharge, a person seeking an exemption may make a verbal request, and the department may issue a verbal approval. The department will confirm a verbal approval in writing, stating the period during which the approval is valid.

(c) The owner or operator of an oil terminal facility that is subject to the requirements of AS 46.04.030 and 18 AAC 75.400 - 18 AAC 75.495 may apply for an exemption from those requirements if the effective storage capacity of the facility has been permanently reduced below the amounts set out in AS 46.04.050. The owner or operator shall apply for an exemption, and the department will review the application, as follows:

(1) the owner or operator shall submit an application form and a letter describing the permanent modification made to the facility;

(2) the applicant must provide proof of the permanent modification as follows:

(A) for purposes of reducing the storage capacity of the facility by removing one or more tanks,

(i) the tanks and associated piping must be emptied, secured in a manner to prevent unauthorized use, and either blank-flanged or disconnected from each other;

(ii) tanks removed from service must be clearly marked with the words "Out of Service" and the date taken out of service; and

(iii) before reactivation of a tank that has been removed from service for the purposes of an exemption under this subsection, the owner or operator must notify the department and, if necessary, must file a new application for approval of an oil discharge prevention and contingency plan; and

(B) for the purpose of changes to the storage capacity of a tank, changes must be made in a permanent manner;

(3) the department will approve or deny the request for an exemption not later than 30 days after it receives a complete application; and

(4) the department will conduct inspections as necessary to ensure compliance with this subsection.

(d) The department may accept a single plan from an operator to address multiple facilities based on similarities in operations, receiving environments, logistical considerations, or other factors that demonstrate that a single plan is appropriate given the commonality of operations.

(e) A person shall notify the department as soon as the person is aware of circumstances warranting a nontank vessel to enter state waters under AS 46.04.055(e), and the department will determine if the circumstances warranted entry without an approved nontank vessel streamlined plan.

(f) Repealed 2/5/2023.

(g) Repealed 2/5/2023.

(h) An oil discharge prevention and contingency plan is required for

(1) an oil terminal facility, except for a vessel operating as an oil terminal facility, until the storage capacity of the facility has been permanently reduced as set out in (c) of this section;

(2) a pipeline, while the pipeline

(A) is connected to a production facility or oil terminal facility; or

(B) contains oil;

(3) an exploration or production facility until the Alaska Oil and Gas Conservation Commission determines that all wells have been plugged as required under 20 AAC 25.112 and abandoned as required under 20 AAC 25.105; and

(4) a vessel while in the waters of the state.

(i) In this section, "receiving environment" means fresh or marine water, ice, or land outside of an impermeable secondary containment area.

(j) The person that files an application under (a) of this section must be the same as the responsible party that submits an application for proof of financial responsibility for oil discharges under 18 AAC 75.205(a), and the filed application must be signed in accordance with 18 AAC 75.408(b).

History

Authority: AS 46.03.020; AS 46.04.050; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 5/26/2004, Register 170; am 4/16/2016, Register 218; am 11/7/2020, Register 236; am 2/5/2023, Register 245

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, 2024; 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;

(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)(B) 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.

History

Authority: AS 46.03.020; AS 46.04.050 AS 46.04.030; AS 46.04.070
Eff. 2/5/2023, Register 245

18 AAC 75.405 Pre-application notification and consultation for oil discharge prevention and contingency plans; new plans and plan renewals

(a) At least 60 days before the scheduled submission date for an application package for approval of a new oil discharge prevention and contingency plan under 18 AAC 75.410 or for renewal of approval under 18 AAC 75.420, the applicant must notify the department in writing of its intent to submit an application.

(b) The applicant must consult with the department at least 30 days before the scheduled submission date for the application package to ensure that the application meets the requirements of 18 AAC 75.408 and the requirements of 18 AAC 75.410 or 18 AAC 75.420, to discuss the contents of the proposed plan, and to discuss the review process under 18 AAC 75.455.

(c) Pre-application notification and consultation is not required for a streamlined plan application submitted under 18 AAC 75.421.

(d) Upon satisfying the requirements under (a) and (b) of this section, the application package may be submitted to the department without waiting the 60 days specified in (a) of this section and without waiting the 30 days specified in (b) of this section.

History

Authority: AS 46.03.020; AS 46.04.050; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 4/16/2016, Register 218; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 11/7/2020, Register 236; am 2/5/2023, Register 245

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 listserv 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.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 4/16/2016, Register 218; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.410 Procedures to apply for oil discharge prevention and contingency plans; new plans

(a) An application package for approval of a new oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408. An application package must be submitted at least 180 days before the proposed start of operation.

(b) Repealed 4/16/2016.

(c) The department will review an application package for a new plan using the procedures set out under 18 AAC 75.455 and will issue its decision under 18 AAC 75.460(a).

(d) Repealed 4/16/2016.

(e) Repealed 4/16/2016.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 4/8/2012, Register 202; am 4/16/2016, Register 218; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.412 Transitional provisions for review of plans approved before May 14, 1992

Repealed.

History

Eff. 5/14/92, Register 122; repealed 11/27/2002, Register 164

18 AAC 75.413 Transitional provisions for review and approval of nontank vessel plans

Repealed.

History

Eff. 11/27/2002, Register 164, repealed 9/4/2014, Register 211

18 AAC 75.414 Procedures to apply for oil discharge prevention and contingency plans; owner or operator changes

A change in the owner, operator, or name of the owner or operator of a facility or operation with an approved oil discharge prevention and contingency plan requires that the new owner or operator submit an application package as an amendment under 18 AAC 75.415.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 4/16/2016, Register 218; am 3/23/2017, Register 221

18 AAC 75.415 Procedures to apply for oil discharge prevention and contingency plans; plan amendments

(a) An application for approval of an amendment to an oil discharge prevention and contingency plan must be submitted in accordance with 18 AAC 75.408 and approved by the department, before a change to a plan may take effect, unless it is a routine plan update under (b) of this section. A plan amendment that incorporates one or more of the following will be reviewed as a major amendment:

(1) an increase to the response planning standard volume that exceeds the response capabilities of the plan holder documented in the plan;

(2) a change that affects the response scenarios, including a change to the

(A) scenario location;

(B) receiving environment as defined in 18 AAC 75.400(i); or

(3) expansion of the operations to include one or more new physical locations outside of the current operational area of the plan;

(4) a change to the amount or quality of prevention, response resources, or training that reduces the existing level of prevention or response capabilities;

(5) a change that requires an increase in prevention, response resources, or training.

(b) A routine plan update must be submitted in accordance with 18 AAC 75.408 not later than 10 working days after the date the proposed change occurs. Routine plan updates include

(1) a deletion from the list of vessels operating under the approved plan if the deleted vessel is not included as a response asset in the current response action plan under 18 AAC 75.449; and

(2) a revision to the list of names, addresses, or telephone numbers of the plan holder's spill command and response personnel.

(c) An amendment application to allow the addition of a vessel to operate under an approved oil barge or tank vessel oil discharge prevention and contingency plan must include the information required by 18 AAC 75.449(a)(9) and 18 AAC 75.451(b)(3) and (b)(5). The amendment application package must be submitted at least five working days before the vessel enters state waters. The department will issue a written decision not later than five working days after receiving the amendment application package unless the department determines that it is a major amendment under (a) of this section.

(d) Repealed 3/23/2017.

(e) Repealed 4/16/2016.

(f) The department will determine whether a proposed minor plan amendment submitted under (a) of this section is a major or minor amendment, and will notify the plan holder of the determination not later than 10 working days after receipt of the amendment application package. For a minor amendment, the department will issue a written decision not later than 30 days after receipt of the amendment application package.

(g) A major amendment will be reviewed under 18 AAC 75.455. A minor amendment will not be reviewed under 18 AAC 75.455.

(h) For a minor amendment approved under (f) of this section, the plan holder shall submit a copy of the approved amended plan to the department not later than 30 days after approval. The department will notify interested persons by electronic mail to a listserv facilitated by the department that the approved amended plan is available on the department's Internet website.

(i) An amendment application to allow the addition of an aboveground oil storage tank with a storage capacity of 10,000 gallons or greater to operate on a temporary basis under an approved plan must include, as appropriate, the information required by 18 AAC 75.451(b)(1) and (5). An application package for this type of plan amendment must be submitted at least 10 working days before the aboveground oil storage tank is located at a facility. Unless the department determines that it is a major amendment under (a) of this section, the department will issue a written decision not later than 10 working days after receiving the application package.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 4/8/2012, Register 202; am 4/16/2016, Register 218; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.420 Procedures to apply for oil discharge prevention and contingency plans; plan renewals

(a) A plan holder must apply for renewal of the department's approval of an oil discharge prevention and contingency plan in accordance with 18 AAC 75.408. The application must be submitted at least 180 days, or the number of days stated in the plan approval letter under 18 AAC 75.460(a), in advance of expiration of the plan to allow sufficient time for department review before the plan approval expires.

(b) Repealed 4/16/2016.

(d) Repealed 4/16/2016.

(e) An application for a plan renewal, including items that were not changed since the last plan approval, will be reviewed under the provisions of 18 AAC 75.455.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 4/16/2016, Register 218; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.421 Procedures to apply for streamlined oil discharge prevention and contingency plans

(a) An application for approval of a new streamlined oil discharge prevention and contingency plan must be made on an application form supplied by the department.

(b) An application for approval of an amendment to a streamlined plan must be submitted using an application form supplied by the department and approved by the department before a change to the plan may take effect.

(c) An application for approval of a new streamlined plan, an amendment to a previously approved streamlined plan, or a reinstatement of a suspended nontank vessel streamlined plan must be submitted to the department for review and approval at least five working days before a vessel covered in the plan enters waters of the state.

(d) A plan holder must apply for renewal of the department's streamlined plan approval, using an application form supplied by the department, not later than five working days in advance of the expiration of the plan.

(e) A plan holder may voluntarily terminate an approved streamlined plan or suspend a nontank vessel streamlined plan by submitting a streamlined plan notification form supplied by the department. The department will provide acknowledgement of the plan holder's suspension or termination not later than five working days after receiving the notification.

(f) A terminated or expired streamlined plan cannot be reinstated. Before a vessel can enter state waters after a streamlined plan has been terminated or expired, an application for a new streamlined plan must be submitted under (a) of this section.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 4/16/2016, Register 218; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.425 Oil discharge prevention and contingency plan contents

Repealed.

History

Eff. 5/14/92, Register 122; am 9/25/93, Register 127; am 3/28/96, Register 137; am 4/4/97, Register 142; am 12/14/2002, Register 164; am 5/26/2004, Register 170; am 12/30/2006, Register 180; am 9/4/2014, Register 211; am 3/23/2017, Register 221; am 10/27/2018, Register 228; repealed 2/5/2023, Register 245

18 AAC 75.426 Streamlined plan contents

A streamlined plan application must contain the following information:

(1) the name, address, and telephone number of the plan holder;

(2) for each covered vessel, the

(A) vessel's name, official number, and country of registry;

(B) name and address of the owner; and

(3) the application date and the first scheduled date of entry into waters of the state;

(4) the name, telephone number, title, and electronic mail address of each qualified individual for the plan holder;

(5) a description of the immediate spill reporting actions to be taken at any hour of the day, including

(A) the title, telephone number, and electronic mail address of personnel responsible for making notifications; and

(B) the telephone number of each appropriate government agency to be notified if a discharge occurs;

(6) the length overall, maximum beam, gross tonnage, and type and configuration of each covered vessel;

(7) a description or diagram of each covered vessel for reference in conducting emergency response operations; each diagram must clearly mark the location of all features pertinent to the response, including

(A) the location, size, and storage capacity of each oil storage tank;

(B) the type of oil carried in each tank; and

(8) the name, location, and telephone number of an emergency contact for gaining access to detailed plans for each vessel showing

(A) the location of personnel quarters and each emergency exit;

(B) the location of all fuel piping locations, including valve locations and identification;

(D) the location of each internal or portable pump on board;

(E) the location of each emergency shutdown switch; and

(F) other detailed information pertinent to emergency response operations;

(9) for each covered

(A) nontank vessel, the maximum fuel capacity, in barrels, and the volume used to calculate the response planning standard under 18 AAC 75.441 for each vessel; if the volume used to calculate the vessel's response planning standard is less than the maximum fuel capacity of the vessel, the vessel operator must certify that the volume used to calculate the vessel's response planning standard under 18 AAC 75.441 is the maximum volume of fuel carried by the vessel in state waters;

(B) noncrude oil tank vessel or barge that has a storage capacity of less than 500 barrels, the storage capacity, in barrels, and the volume used to calculate the response planning standard under 18 AAC 75.440 for each vessel;

(10) each region of operation for each covered vessel;

(11) except for a plan using a response planning facilitator who is providing the response services described in 18 AAC 75.428(a)(2), the name, telephone number, and electronic mail address of each contracted streamlined plan cleanup contractor and incident management team;

(12) except for a plan using a response planning facilitator who is providing the response services described in 18 AAC 75.428(a)(2), a statement certifying that

(A) for each region of operation identified in the plan, the applicant has a contract with, or is a member of, at least one streamlined plan cleanup contractor for that region of operation;

(B) each streamlined plan cleanup contractor identified in the statement is registered under 18 AAC 75.500 - 18 AAC 75.580 for the appropriate classification under 18 AAC 75.561(b)(1), Table F, and region of operation identified in the plan; and

(C) each contract or membership agreement with the streamlined plan cleanup contractor demonstrates that the cleanup contractor will respond on behalf of the applicant;

(13) except for a plan using a response planning facilitator who is providing the response services described in 18 AAC 75.428(a)(2), a statement certifying that

(A) for each region of operation identified in the plan, the applicant has a contract with at least one streamlined plan incident management team for that region of operation;

(B) each streamlined plan incident management team identified in the statement is registered under 18 AAC 75.500 - 18 AAC 75.580 for the appropriate classification under 18 AAC 75.562(b), Table G, and region of operation identified in the plan; and

(C) each contract with the streamlined plan incident management team demonstrates that the incident management team will respond on behalf of the applicant;

(14) for a plan submitted by a response planning facilitator, the name, telephone number, title, and electronic mail address of that response planning facilitator, and the role of the response planning facilitator as described in 18 AAC 75.428(a)(1) or (2);

(15) for a plan using a response planning facilitator who is providing the response services described in 18 AAC 75.428(a)(2), a statement certifying that the

(A) applicant has a contract with the response planning facilitator to provide oil spill response services to the applicant to meet the applicable requirements of 18 AAC 75.400 - 18 AAC 75.496 for each region of operation identified in the plan and the appropriate vessel fuel classification under 18 AAC 75.561(b)(1), Table F and 18 AAC 75.562(b), Table G; and

(B) contract under (A) of this paragraph demonstrates that the response planning facilitator will respond on behalf of the applicant;

(16) a statement certifying that each vessel complies with applicable federal and international maritime requirements;

(17) a statement, signed by an individual with the authority described in the statement, committing the resources necessary to implement the plan, and certifying the contents of the application; the statement must read as follows: "I certify, under penalty of unsworn falsification in violation of AS 11.56.210, that I am the applicant, a principal of the applicant, an authorized agent for the applicant, or an official of the applicant; that I have authority to sign this application and commit the resources necessary to implement the plan on behalf of the applicant; and that I have examined this application in its entirety and to the best of my knowledge, information, and belief, find it to be true, correct and complete."

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 11/27/2002, Register 164; am 12/13/2002, Register 164; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.427 Nontank vessel equivalent plan contents

Repealed.

History

Eff. 11/27/2002, Register 164; repealed 3/23/2017, Register 221

18 AAC 75.428 Response planning facilitator

(a) A response planning facilitator registered under 18 AAC 75.500 - 18 AAC 75.580 may submit a streamlined plan under 18 AAC 75.421 on behalf of a plan holder. A response planning facilitator may

(1) act as an intermediary between the plan holder and one or more streamlined plan cleanup contractors and one or more streamlined plan incident management teams to facilitate the submission of a streamlined plan under 18 AAC 75.421, including facilitation of the execution of a contract or membership agreement between the plan holder and each streamlined plan cleanup contractor and incident management team as described in 18 AAC 75.426(12) and (13); or

(2) enter into a contract with the plan holder to meet the requirements of 18 AAC 75.400 - 18 AAC 75.496; the response planning facilitator's registration application under 18 AAC 75.553 must

(A) certify that the response planning facilitator has a contract with, or is a member of, one or more streamlined plan cleanup contractors and has a contract with one or more streamlined plan incident management teams registered under 18 AAC 75.500 - 18 AAC 75.580 in each region of operation and for the response planning standard appropriate to each vessel covered under the streamlined plan; and

(B) contain a statement, signed by the response planning facilitator and each streamlined plan cleanup contractor and incident management team, that the streamlined plan cleanup contractor and incident management team will respond on behalf of a plan holder who enters into a contract with the response planning facilitator to meet the requirements of 18 AAC 75.400 - 18 AAC 75.496.

(b) A response planning facilitator may sign a streamlined plan application form as an authorized agent on behalf of the plan holder. An application signed by a response planning facilitator has the full force and effect of an application signed by the plan holder as described in 18 AAC 75.400(a)(2).

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 11/27/2002, Register 164; am 4/16/2016, Register 218; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.429 Equipment, training, personnel, and fuel transfer requirements for noncrude oil tank vessel or barge streamlined plans

(a) A noncrude oil tank vessel or barge that has an approved streamlined plan must maintain the following equipment on board:

(1) sorbent boom, not less than six times the length of the vessel and at least five inches in height, and equipment necessary to secure it;

(2) a vessel capable of deploying the sorbent boom required under (1) of this subsection;

(3) sorbent sweep not less than the length of the vessel; and

(4) 200 sorbent pads.

(b) At least two personnel trained in the deployment of the equipment listed in (a) of this section must be on board the vessel or an accompanying tug during transit or a transfer of oil.

(c) Trained personnel shall use the equipment listed in (a) of this section to immediately mitigate and minimize a discharge until the streamlined plan cleanup contractor identified in the plan arrives.

(d) Trained personnel shall be familiar with the vessel's fuel transfer procedures and take all appropriate measures to prevent spills or overfilling during a transfer of oil, including the following fuel transfer procedures:

(1) ensure that each person involved in a transfer is capable of clearly communicating orders to stop a transfer at any time during the transfer;

(2) provide a positive means to stop a fuel transfer in the shortest possible time;

(3) provide containment under all connections along the transfer hose and systems;

(4) ensure that all valves in the transfer system have been checked, and that all manifolds not in use are blank flanged or capped before each transfer;

(5) inspect for damage or defects all piping and hoses used in the transfer before each transfer; and

(6) reduce loading rates at the beginning and end of a transfer.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.430 Response planning standards

(a) Notwithstanding the response planning standards set out in 18 AAC 75.430 - 18 AAC 75.442, the plan must demonstrate the general procedures to clean up a discharge of any size, including the greatest possible discharge that could occur, subject to the provisions of AS 46.04.020 and AS 46.09.020.

(b) Except for the requirements of 18 AAC 75.438(b)(1) and (2), 18 AAC 75.440, and 18 AAC 75.441, the department will consider and provide modifications to the response planning standards set out in 18 AAC 75.430 - 18 AAC 75.442 for a prevention measure that is in addition to those listed in 18 AAC 75.432 - 18 AAC 75.438, if the plan holder demonstrates that the proposed measure reduces the potential size or risk of a discharge.

(c) If more than one prevention measure is used to modify the response planning standard, each subsequent reduction will be applied separately to the response planning standard value that results from application of the previous modification. However, in no case will the department reduce the response planning standard below an amount equal to

(1) 15 percent of the response planning standard applicable to an oil terminal facility, an exploration or production facility, or a crude oil pipeline as determined under 18 AAC 75.432(b) or (c), 18 AAC 75.434, or 18 AAC 75.436(b), respectively; or

(2) 30 percent of the response planning standard for a crude oil tank vessel or barge as determined by 18 AAC 75.438(c).

(d) The department will, in its discretion, revoke or reduce a prevention credit set out in 18 AAC 75.432 - 18 AAC 75.438 if the department finds that the plan holder has failed to execute or has not effectively implemented the prevention measure used to determine that credit.

(e) Liquefied petroleum gas is exempt from the requirements of 18 AAC 75.430 - 18 AAC 75.442.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 5/26/2004, Register 170; am 2/5/2023, Register 245

18 AAC 75.432 Response planning standards for oil terminal facilities

(a) For an oil terminal facility, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to

(1) contain or control, and clean up within 72 hours that portion of the response planning standard volume that enters open water; and

(2) contain or control within 72 hours, and clean up within the shortest possible time consistent with minimizing damage to the environment, that portion of the response planning standard volume that enters a receiving environment other than open water.

(b) The response planning standard volume for an oil terminal facility is equal to the capacity of the largest aboveground oil storage tank at the facility covered by the plan, unless there are specific natural or man-made conditions outside the facility which could place the facility at an increased risk of an oil discharge affecting one or more storage tanks. For a vessel operating as an oil terminal facility, the response planning standard is based on the entire storage capacity of the vessel.

(c) For an increased risk described in (b) of this section, the response planning standard volume is equal to the capacity of all of the potentially affected aboveground oil storage tanks at the facility. The plan must set out the basis for selecting the storage tanks and the volume of oil planned for in the response.

(d) The department will, in its discretion, reduce the requirements of (b) of this section, by a percentage up to that shown, for each of the following prevention measures in place at the facility:

(1) alcohol and drug testing of key personnel: five percent;

(2) an operations training program with a professional organization or federal certification or licensing of program participants: five percent;

(3) on-line leak detection systems that automatically alarm at a facility control room that is continuously monitored, for tanks and piping: five percent;

(4) a sufficiently impermeable secondary containment area with a dike capable of holding the contents of the largest tank, or all potentially affected tanks in the case of increased risk, and precipitation: 60 percent;

(5) for secondary containment as described in (4) of this subsection, designed with the following enhancements, an additional allowance for

(A) cathodic protection for aboveground oil storage tanks and belowground facility oil piping within secondary containment: 10 percent;

(B) fail-safe valves on piping systems: 15 percent; or

(C) impervious containment area extending under the full area of each storage tank or double bottoms with leak detection: 25 percent; and

(6) containment outside the secondary containment area: 10 percent.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 2/5/2023, Register 245

18 AAC 75.433 Response planning standards for railroad tank cars

For a railroad tank car, the plan holder shall maintain, or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to

(1) contain and control 15 percent of the maximum oil capacity of the train within 48 hours after a spill; and

(2) clean up the discharge within the shortest possible time consistent with minimizing damage to the environment.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 12/14/2002, Register 164

18 AAC 75.434 Response planning standards for exploration or production facilities

(a) For an exploration or production facility, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to

(1) contain or control, and clean up within 72 hours that portion of the response planning standard volume that enters open water; and

(b) The response planning standard for an exploration facility is

(1) 16,500 barrels, unless relevant well data, exploration data, and other supporting technical documentation provided to the department and to the Alaska Oil and Gas Conservation Commission demonstrates that a lower response planning standard volume is appropriate; and

(2) an additional 5,500 barrels for each of 12 days beyond 72 hours, unless relevant well data, exploration data, and other supporting technical documentation provided to the department and to the Alaska Oil and Gas Conservation Commission demonstrates that a lower response planning standard volume is appropriate.

(d) If the actual flow rate of a well at an exploration facility exceeds 5,500 barrels per day, and the facility is to continue operations, the department will increase the response planning standard volume determined under (b) of this section for subsequent exploration wells drilled at that facility to a response planning standard volume taking into account the actual well flow rate of that well. The plan holder must submit a plan amendment under 18 AAC 75.415 addressing the increased response planning standard volume not later than 30 days after the department notifies the plan holder of the department's determination under this section. The department will review the plan amendment under 18 AAC 75.455.

(e) The response planning standard for a production facility is

(1) three times the annual average daily oil production volume for the maximum producing well at the facility; and

(2) for a production facility with wells without assisted lift, an additional volume equal to the annual average daily oil production volume for the maximum producing well at the facility for each of 12 days beyond 72 hours.

(f) The department may consult with the Alaska Oil and Gas Conservation Commission and other agencies as necessary to

(1) verify the production data submitted under (d) of this section; and

(2) determine, under (b) of this section, a lower response planning standard for exploration facilities.

(g) If an operator proposes the planned voluntary ignition of a well blowout for the purpose of adjusting the response planning standard volume, the operator shall submit data, analyses, and supporting documentation that demonstrate that the discharged oil would have an American Petroleum Institute (API) gravity of 35 or greater, a gas-oil ratio in excess of 2,000, and an anticipated combustion efficiency of at least 90 percent, that well ignition would not exceed national ambient air quality standards set under 42 U.S.C. 7409 (Clean Air Act), and that well ignition will be protective of human health, safety, and welfare, and of the environment. The department will adjust the response planning standard determined under (b) - (e) of this section based on the submitted data. The department may consult with the Alaska Oil and Gas Conservation Commission and other agencies in evaluating the data provided by the operator under this subsection.

(h) If exploration and production facilities are covered under a single plan accepted under 18 AAC 75.400(d), the department will consider the largest of the response planning standards determined under (b) - (e) of this section to be the response planning standard for that plan.

(i) The department will protect from public disclosure data, analyses, or supporting documentation required under this section and held confidential by the department or another state agency under applicable constitutional law, statutes, and common law doctrines that protect trade secrets within the meaning of AS 45.50.940 and other commercially sensitive, confidential, and proprietary information. If disclosure of that information is required in an adjudicatory hearing under 18 AAC 15.185 - 18 AAC 15.340, the hearing officer shall limit and condition disclosure to the extent necessary to comport with applicable constitutional, statutory, and common law doctrines that protect trade secrets within the meaning of AS 45.50.940 and other commercially sensitive, confidential, and proprietary information. In limiting or conditioning disclosure under this subsection, the hearing officer shall or department will, as necessary

(1) review confidential information in-camera; and

(2) redact department decisions to protect confidential information.

(j) The department may reduce the requirements of (b) - (e) of this section, up to the limits set out in 18 AAC 75.430(c)(1), for prevention measures in place at the facility beyond those measures imposed by the Alaska Oil and Gas Conservation Commission or another agency.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 5/26/2004, Register 170; am 2/5/2023, Register 245

18 AAC 75.436 Response planning standards for crude oil pipelines

(a) For a crude oil pipeline facility, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to

(1) contain or control, and clean up within 72 hours that portion of the response planning standard volume that enters open water; and

(b) The response planning standard volume for a crude oil pipeline facility is the amount of oil which equals the length of the pipeline between pumping or receiving stations or valves (Lpl), minus the hydraulic characteristics of the pipeline due to terrain profile (Hpl), times the capacity of the pipeline in barrels per lineal measure (Cpl), plus the flow rate of the pipeline in barrels per time period (FRpl), multiplied by the estimated time to detect a spill event (TDpl), plus the time to shut down the pipeline pump or system (TSDpl). Written as a formula, the response planning standard is (Lpl - Hpl) * Cpl + FRpl * (TDpl + TSDpl).

(c) The department will, in its discretion, reduce the requirements of (b) of this section, by a percentage up to that shown, for each of the following prevention measures in place at the facility:

(1) alcohol and drug testing of key personnel: five percent;

(2) an operations training program with a professional organization or federal certification or licensing of program participants: five percent;

(3) on-line leak detection systems that automatically alarm at a facility control room that is continuously monitored: five percent;

(4) corrosion control using

(A) ultrasonic thickness meters: 15 percent;

(B) instrumented in-line cleaning and diagnostic equipment ("smart pigs"): 15 percent; or

(C) a method described in (A) or (B) of this paragraph, coupled with cathodic-profile inspection at least triennially: 30 percent; and

(5) underwater pipeline cathodic- and burial-profile inspection: five percent.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 2/5/2023, Register 245

18 AAC 75.438 Response planning standards for crude oil tank vessels and barges

(a) For a crude oil tank vessel or barge, the plan holder shall maintain or have available under contract within its region of operation, sufficient discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to

(1) contain or control, and clean up within 72 hours that portion of the response planning standard volume set out in (b) of this section that enters open water; and

(2) contain or control within 72 hours, and clean up within the shortest possible time consistent with minimizing damage to the environment, that portion of the response planning standard volume set out in (b) of this section that enters a receiving environment other than open water.

(b) For purposes of the requirements of (a) of this section, the response planning standard volume for a crude oil tank vessel or barge is

(1) 50,000 barrels, if the tank vessel or barge has a cargo volume of less than 500,000 barrels; and

(2) 300,000 barrels, if the tank vessel or barge has a cargo volume of 500,000 barrels or more.

(c) In addition to the requirements of (a) of this section, for all crude oil tank vessels and barges, the plan holder shall plan to have deployed and operating within 72 hours, from within or outside its region of operation, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to contain and control, and clean up at least 60 percent of the total cargo volume of the tank vessel or barge.

(d) The department will, in its discretion, reduce the requirements of (c) of this section, by a percentage up to that shown, for each of the following prevention measures in place for the vessel or barge:

(1) hydrostatic loading: 20 percent;

(2) double hulls and bottoms: 30 percent;

(3) double bottoms: 25 percent; and

(4) emergency-response vessels and procedures described as follows:

(A) vessel escort during entire vessel transit in port area;

(B) escort vessels capable of

(i) providing steering and propulsion assistance with the ability to attach towing cables in a timely fashion under the weather conditions of transit; and

(ii) exerting sufficient force to change or maintain the escorted vessel's course;

(D) escort vessels have on-board oil discharge response equipment: 11 percent.

(e) A crude oil tank vessel or barge that has been exempted under 18 AAC 75.400(b) is exempt from the requirements of this section.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.440 Response planning standards for noncrude oil tank vessels and barges

(a) For a noncrude oil tank vessel or barge, the plan holder shall maintain or have available under contract within the plan holder's region of operation or another approved location, sufficient oil discharge containment, storage, transfer, and cleanup equipment, personnel, and other resources to

(1) contain or control within 48 hours, and to clean up within the shortest possible time, that portion of the response planning standard volume that enters open water; and

(2) contain or control, and clean up within the shortest possible time consistent with minimizing damage to the environment, that portion of the response planning standard volume that enters a receiving environment other than open water.

(b) The response planning standard volume for a noncrude oil tank vessel or barge is equal to 15 percent of the total cargo volume of the oil tank vessel or barge.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 10/27/2018, Register 228

18 AAC 75.441 Response planning standards for nontank vessels

(a) For a nontank vessel, the plan holder shall maintain or have available under contract or membership agreement within the plan holder's region of operation, sufficient oil discharge containment and control equipment and shall maintain or have available under contract or membership agreement within the plan holder's region of operation or capable of arriving in the region of operation within 24 hours, sufficient storage, transfer, and cleanup equipment, personnel, and other resources to contain and control 15 percent of the maximum oil capacity of the nontank vessel within 48 hours. The plan holder must clean up the discharge within the shortest possible time consistent with minimizing damage to the environment.

(b) For purposes of AS 46.04.055(c)(1) and this section, "maximum oil capacity" means the

(1) total fuel tankage of the nontank vessel; or

(2) demonstrated actual maximum fuel volume that the vessel will carry in state waters, as certified by the vessel owner or operator.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 11/27/2002, Register 164

18 AAC 75.442 Response planning standards for multiple operations

For a plan having multiple facility types that require an approved oil discharge prevention and contingency plan, the plan holder must plan to respond to a discharge of the applicable response planning standard volume for each separate facility type in the plan as established under 18 AAC 75.430 - 18 AAC 75.440.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 2/5/2023, Register 245

18 AAC 75.443 Prevention credits for nontank vessels

Repealed.

History

Eff. 11/27/2002, Register 164; repealed 9/4/2014, Register 211

18 AAC 75.445 Approval criteria for oil discharge prevention and contingency plans

Repealed.

History

Eff. 5/14/92, Register 122; am 9/25/93, Register 127; am 3/28/96, Register 137; am 4/4/97, Register 142; am 5/26/2004, Register 170; am 12/30/2006, Register 180; repealed 2/5/2023, Register 245

18 AAC 75.446 Approval criteria for nontank vessel equivalent plans

Repealed.

History

Eff. 11/27/2002, Register 164; am 4/16/2016, Register 218; repealed 3/23/2017, Register 221

18 AAC 75.447 Department examination of new technologies

Repealed.

History

Eff. 4/4/97, Register 142; repealed 2/5/2023, Register 245

18 AAC 75.448 Oil discharge prevention and contingency plan; general plan requirements

(a) An oil discharge prevention and contingency plan submitted for approval under 18 AAC 75.400 - 18 AAC 75.495 must be usable as a working plan for oil discharge control, containment, cleanup, and disposal. The plan must contain enough information, analyses, supporting data, and documentation to demonstrate the plan holder's ability to meet the requirements of AS 46.04.030, AS 46.04.055(c)(2), and 18 AAC 75.400 - 18 AAC 75.495. The plan must demonstrate that the personnel, equipment, and other resources identified in the plan are sufficient for meeting each response planning standard applicable for each facility in the plan. The plan must take into account realistic maximum response operating limitations and their effects on response capability and the deployment of resources. The department will review and evaluate a plan by verifying that it meets the applicable requirements under 18 AAC 75.448 - 18 AAC 75.453.

(b) The plan must identify the greatest possible discharge that could occur at the facility or operation, and the general procedures to respond to a discharge of that magnitude.

(c) A plan including multiple facility types as described in 18 AAC 75 .442 must describe the appropriate response measures to meet the applicable portion of the response planning standard for each facility type covered by the plan.

(d) The submitted plan must be accompanied by a cover page or letter that includes

(1) the official plan title, consisting of the name of the plan holder and the covered facility or facilities, followed by the words "Oil Discharge Prevention and Contingency Plan";

(2) the date of the plan; and

(3) a statement, signed by an individual with appropriate authority under 18 AAC 75.408(b), committing the oil discharge prevention and response resources necessary to implement the plan.

(e) The plan must

(1) consist of five parts and contain the information described in 18 AAC 75.449 - 18 AAC 75.453;

(2) contain a complete table of contents and lists of tables or figures, with corresponding page numbers; and

(3) be presented in the order shown in 18 AAC 75.449 - 18 AAC 75.453 or include a cross-reference table that directs the reader to the appropriate information.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070 AS 46.04.020; AS 46.04.055
Eff. 2/5/2023, Register 245

18 AAC 75.449 Part 1 - oil discharge prevention and contingency plan; Response Action Plan

(a) The response action plan must include the following information in sufficient detail to clearly guide responders in an emergency event:

(1) emergency action checklist - a short checklist of the immediate response and notification steps to be taken if an oil discharge occurs; the checklist must be immediately available to response personnel while on duty;

(2) reporting and notification - a description of the immediate spill reporting actions to be taken at any hour of the day, including

(A) the titles and telephone numbers of facility personnel responsible for making the notification;

(B) the telephone number of each appropriate government agency to be notified if a discharge occurs; and

(3) safety - based on applicable safety standards, a description of the steps necessary to develop an incident-specific safety plan for conducting a response;

(4) communications - a description of field communications procedures, including, if applicable, assigned radio channels or frequencies and their intended use by response personnel;

(5) deployment strategies - a description of proposed initial response actions that may be taken, including

(A) procedures for the transport of equipment, personnel, and other resources to the spill site, including plans for alternative methods in adverse weather conditions; and

(B) if the operator is not the primary spill responder, procedures to notify and mobilize the response action contractor or other responder identified in the plan, including a description of the interim actions that the operator will perform until the responder identified in the plan initiates a full response to the discharge; the description must demonstrate that the transition and substitution of equipment and resources between the plan holder and response contractor will occur without interruption of response or cleanup;

(6) response scenario - a written description of a hypothetical spill and response that demonstrates a plan holder's ability, using the resources described in the plan, to respond to a discharge of each applicable response planning standard volume within the required time frames under 18 AAC 75.430 - 18 AAC 75.442 and under environmental conditions that might reasonably be expected to occur at the discharge site; the response scenario must be usable as a general guide for a discharge of any size, must describe the discharge containment, control, recovery, transfer, storage, and cleanup actions to be taken, and must clearly demonstrate the strategies and procedures adopted to conduct and maintain an effective response, consistent with ensuring the safety of personnel; if the information required by this paragraph is contained in a separate document developed by the plan holder or the plan holder's oil spill primary response action contractor identified in 18 AAC 75.451(i), the plan holder may incorporate the information by reference upon department approval; response strategies for the scenario must include

(A) the spill location, time of year, and time of day, the source, and cause of the spill, the quantity and type of oil spilled, the spill trajectory, and the relevant environmental conditions, including weather, sea state, and visibility;

(B) the expected timeline for response actions, describing response actions to be taken;

(C) in-place procedures to stop the discharge at its source, within the shortest possible time, and prevent its further spread;

(D) a description of methods to prevent or control a potential fire hazard;

(E) procedures, methods, and a description of the equipment that will be used for real-time surveillance and tracking of the discharged oil on land and on open water, and forecasting of its expected points of shoreline contact; these must be sufficient to ensure that there is proper allocation and deployment of response personnel and equipment;

(F) for a stationary facility or operation, for a railroad, and if requested by the department for a vessel, a description of site-specific strategies for the protection of environmentally sensitive areas and areas of public concern identified under 18 AAC 75.451(k), including, for a land-based facility or railroad, protection of groundwater and public water supplies; sufficient oil discharge response equipment, personnel, and other resources must be maintained and available for the specific purpose of preventing discharged oil from entering these environmentally sensitive areas or areas of public concern that would likely be impacted if a discharge occurs; this equipment and personnel must be deployed and maintained on a time schedule that will protect those areas before oil reaches them, according to the predicted oil trajectories for an oil discharge of the volumes calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility or operation; areas identified in the plan must include areas added by the department as a condition of plan approval; if identification of those areas and site-specific strategies for protection of those areas are in an applicable geographic zone of one or more area contingency plans described in 18 AAC 75.495, the plan holder may incorporate that information by reference;

(G) a description of the actions to be taken to contain and control the spilled oil, including, as applicable, boom deployment strategies, construction of temporary berms, and other methods;

(H) a description of the actions to be taken to recover the contained or controlled oil using mechanical response options, including procedures and provisions for skimming, absorbing, or otherwise recovering the contained or controlled product from water or land;

(I) procedures for lightering, transfer, and storage of oil that demonstrate access to sufficient lightering equipment and personnel to transfer all oil from damaged tanks and from undamaged tanks that might be at risk of discharging additional oil; the plan must provide for the start and completion of lightering within the shortest possible time;

(J) procedures for transfer and storage of recovered oil and oily water that demonstrate adequate temporary storage and removal capacity to keep up with skimming and recovery operations; for on-water recovery, this includes procedures for offloading and transfer of oil and oily water from temporary storage at or near the spill site to shoreside storage; for on-land recovery, this includes procedures for transfer from onsite temporary storage to more secure storage; procedures must include methods for estimating the amount of recovered oil;

(K) procedures and locations for temporary storage and ultimate disposal of oil-contaminated materials, oily wastes, and sanitary and solid wastes generated during the response that demonstrate adequate temporary storage and removal capacity to keep up with the recovery operations; plans for temporary storage and ultimate disposal must include identification of all necessary permits, approvals, and authorizations and the timeline to apply for them;

(L) procedures for decanting if the plan holder intends to request approval for decanting during a spill response; this does not eliminate the requirement for the response strategies to include procedures for storage of recovered oil and oily water; if, at the time of a spill, the responsible party wants to decant, the responsible party must apply to the department's state on-scene coordinator for approval on a form supplied by the department;

(M) procedures, methods, and a description of equipment that will be used for the protection, recovery, disposal, rehabilitation, and release of potentially affected wildlife; these procedures and methods must, as applicable, demonstrate best practices and recommendations in the Alaska Regional Response Team Wildlife Protection Guidelines for Oil Spill Response in Alaska, Version 2020.01, August 31, 2020, adopted by reference; if approved by the department, the response strategies may use alternative procedures and methods that adequately protect wildlife; the procedures methods, and equipment must include

(i) minimizing wildlife contamination through hazing or other means, when appropriate;

(ii) the recovery of oiled carcasses to preclude secondary contamination of scavengers; and

(iii) the capture, cleaning, rehabilitation, and release of oiled wildlife, when appropriate;

(N) if applicable, a description of procedures for the deployment of shoreline cleanup equipment and personnel, including cleanup and restoration methods and techniques to be used if the shoreline is impacted by the discharge; and

(O) if required by the department, additional response strategies to demonstrate alternative strategies for anticipated receiving environments and seasonal conditions, including time of year and spills of varying source and size;

(7) additional requirements for a response scenario for an exploration or production facility - if the facility is an exploration or production facility

(A) the response scenario must also include a summary of planned methods, equipment, logistics, and time frames proposed to be employed to control a well blowout within 15 days;

(B) the plan holder shall certify in the plan that the plan holder maintains a separate well blowout contingency plan; the blowout contingency plan is not part of an application package required under 18 AAC 75.400 - 18 AAC 75.495, but must be made available to the department for inspection upon request under 18 AAC 75.480; this may be a paper or an electronic copy, and it must be available at the facility; the department may consult with the Alaska Oil and Gas Conservation Commission, the Department of Natural Resources, or other agencies to determine the adequacy of the planned methods, equipment, logistics, and time frames for the control of a well blowout;

(C) for development of a response scenario, a plan holder may use the July 1997 S.L. Ross oil deposition model for surface oil well blowouts, or another oil deposition model approved by the department for surface oil well blowouts;

(D) the response scenario must account for variations in seasonal conditions; if required by the department, a plan holder must provide a response scenario for a discharge of the applicable response planning standard volume under typical summer environmental conditions and typical winter environmental conditions; and

(E) if the information required by this paragraph is contained within a separate document developed by the plan holder or the plan holder's oil spill primary response action contractor identified in 18 AAC 75.451(i), the plan holder may incorporate the information by reference upon receiving department approval;

(8) nonmechanical response options - plans that propose the use of dispersants, in situ burning, or other nonmechanical response techniques during periods when environmental conditions or other factors limit the use of mechanical spill response methods must include

(A) the basis for determining the conditions or circumstances under which these options will be used, and how the nonmechanical response options will be implemented, including a description of all required equipment and personnel;

(B) a demonstration of their efficiency and effectiveness;

(C) an assessment of potential environmental consequences, provisions for continuous monitoring and real-time assessment of environmental effects, and a description of the specific mechanisms in place for conducting these assessments; and

(D) a description of specific procedures, methods, and resources in place for protecting environmentally sensitive areas, areas of public concern identified in 18 AAC 75.451(k), and the public from adverse effects of the nonmechanical response option;

(9) facility diagram - a diagram of the facility for reference in conducting emergency response operations; the facility diagram must include

(A) locations of response equipment and other features pertinent to the response plan clearly marked, including surrounding topography, roads, air transportation and other transportation access, location and bathymetry of adjacent water bodies, mooring areas, oil transfer locations, pipelines, control stations, drip pans, and drainage of drip pans;

(B) a representation of the distance and gradients to surface water for an operation located on land, by topographic map, aerial photographs, or other means;

(C) the location of fire suppression equipment, main power shutoff switches, and other relevant fire control features; and

(D) for a railroad tank car or locomotive, a diagram for each distinct type of railroad tank car or locomotive showing locations of fuel and lubrication systems and oil storage tanks, piping, and valves; and

(10) the general procedures to be followed in responding to the greatest possible discharge that could occur at the facility - this information must be located in the plan immediately following the response planning standard scenario or scenarios required by (6) of this subsection.

(b) In this section,

(1) "predominant wind directions" means those directions that occur greater than ten percent of the time indicated;

(2) "typical summer environmental conditions" means the average wind speeds and predominant wind directions as depicted by a wind rose, temperature, sea state, and other climatic and environmental conditions occurring during the period of May through October, based on National Weather Service data or local weather records of a duration sufficient to determine a reasonable average;

(3) "typical winter environmental conditions" means the average wind speeds and predominant wind directions as depicted by a wind rose, temperature, sea state, and other climatic and environmental conditions occurring during the period of November through April, based on National Weather Service data or local weather records of a duration sufficient to determine a reasonable average;

(4) "wind rose" means a polar coordinate plot designed to show the distribution of wind directions and speeds at a given location over a considerable period of time, with the distance from the origin proportional to the probability of the wind direction being at the given angle, measured in 16 cardinal compass points, and the disposition of the wind speeds indicated for each direction.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 2/5/2023, Register 245

18 AAC 75.450 Part 2 - oil discharge prevention and contingency plan; prevention plan

(a) The prevention plan must demonstrate that the applicant meets all applicable requirements of 18 AAC 75.005 - 18 AAC 75.085 and must provide a detailed description of all oil discharge prevention measures, policies, and programs in place at the facility, with reference to the specific oil discharge risks involved. The prevention plan may be submitted as a separate volume.

(b) The prevention plan must include the following information:

(1) discharge prevention programs - a description and schedule of regular oil discharge prevention, inspection, maintenance, substance abuse and medical monitoring, security and surveillance, and oil discharge prevention training programs in place at the facility or operation;

(2) discharge history - a list of all known oil discharges greater than 55 gallons that have occurred at the facility within the state; the history must include

(A) the source, cause, and amount of each discharge;

(B) corrective actions taken;

(D) a description of actions to be taken to prevent or mitigate similar discharges in the future;

(3) potential discharge analysis - an analysis of potential oil discharges, including size, frequency, cause, duration, and location, and a description of actions taken to prevent a potential discharge;

(4) specific conditions - based on the discharge history required in (2) of this subsection and the potential discharge analysis required in (3) of this subsection, a description of

(A) conditions specific to the facility or operation that might increase the risk of a discharge, including physical or navigation hazards, traffic patterns, and other site-specific factors; and

(B) measures that have been taken to reduce the risk of a discharge attributable to these conditions, including a summary of operating procedures designed to mitigate the risk of a discharge;

(5) discharge detection - a description of the existing and proposed means of discharge detection, including surveillance schedules, leak detection, observation wells, monitoring systems, and spill-detection instrumentation; if electronic or mechanical instrumentation is employed, detailed specifications, including threshold detection, sensitivities, and limitations of equipment, or an approved waiver, must be provided; and

(6) waivers - for an operation subject to a waiver, alternate compliance schedule, or existing condition of plan approval under 18 AAC 75.005 - 18 AAC 75.085 or 18 AAC 75.400 - 18 AAC 75.496, documentation of

(A) each waiver, alternate compliance schedule, or existing condition of plan approval; and

(B) the approval of each waiver, alternate compliance schedule, or existing condition of plan approval.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 2/5/2023, Register 245

18 AAC 75.451 Part 3 - oil discharge prevention and contingency plan; supplemental information

(a) The supplemental information section must provide the background and verification information identified in (b) - (n) of this section.

(b) The plan holder must provide a facility description and operational overview. This is a general description of the oil storage, transfer, exploration, or production operations, including

(1) for each aboveground oil storage tank with a storage capacity of greater than 10,000 gallons, the oil storage capacity, installation date, design, construction, and product type stored;

(2) for each oil storage tank with a storage capacity of 1,000 gallons and greater but less than or equal to 10,000 gallons, the location, oil storage capacity, and the product type stored, unless the oil storage tank is used on a temporary basis;

(3) for vessels,

(A) a general chart showing routes normally used for the transportation of oil products within state waters, and the frequency of use for each route;

(B) plans or diagrams that identify cargo, bunker, and ballast tanks, all tank capacities, cargo piping, ballast piping, winches, emergency towing equipment, power plants, manifold pipe size, containment structures and equipment, and a description of the method of containing a discharge from fuel oil tank vent overflow and fill pipes;

(D) additional information required by the department to evaluate the response capability of a vessel, including verifying that the vessel is in compliance with the applicable stability requirements as set out in 46 C.F.R. 109.227, as amended through September 11, 1992;

(4) for a railroad,

(A) a map showing the location of each main line, siding, and yard area; and

(B) a description of railroad tank cars and locomotives normally in service, including type, number and capacity, general piping diagrams, location of valves, and tank volumes;

(5) a general description of the procedures for the loading or transfer of oil from or to a pipeline, facility, tank vessel, oil barge, railroad tank car, or storage tank;

(6) for a production facility, a description of the flow and gathering lines and processing facilities;

(7) for an oil terminal facility, an exploration facility, and a production facility, a piping diagram showing all facility oil piping, including the location of valves; and

(8) for a transmission pipeline, a pipeline diagram including the location of all mainline valves, pumping units, and other appurtenances connected to the pipeline.

(c) For an onshore facility or operation, the plan holder must include an analysis of the amount and locations of oil from a discharge, of the volume calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility or operation, which might realistically be expected to reach open water within the applicable time limit set out in those provisions. The analysis must include

(1) a drainage diagram or map showing gradients and potential containment sites and features at the facility;

(2) identification and explanation of all measures that will be taken to prevent a discharge from entering open water from the facility; and

(3) a determination that resources identified in (g) of this section are sufficient to clean up the response planning standard discharge volume of oil that enters open water within the applicable time limit.

(d) The plan holder must include a description and diagram of the incident command system management hierarchy to be used in response to a discharge, specific to operations described in the response planning standard scenario, including the position, functional role in the command system, and affiliation by company for each person, including a person identified in 18 AAC 75.449(a)(2), who by law or through employment, contract, or cooperative agreement is responsible for responding to a discharge. This list of positions must include command, financial, operations, planning, logistics, and environmental personnel. The incident command system must be compatible with the state's response structure outlined in the Alaska regional contingency plan. The diagram must also include key state, federal, or local government on-scene coordinator positions that make up the unified command for the response planning standard scenario. At a minimum, the detailed personnel contact information for the qualified individual must be located in the plan. The names and detailed contact information for persons filling positions in the command system must be maintained by the plan holder, and this information may be contained in a separate document. This document is part of the plan, and the document must be submitted with the plan application package. For plans that propose 24-hour operations, the detailed personnel document must identify available staff for 24-hour operations. This document will be treated as confidential and will not be publicly reviewed; it must be maintained and updated in real time. Notwithstanding the requirements under 18 AAC 75.415(b)(2), an updated document must be provided to the department at least on a quarterly basis if changes occur.

(e) In designing a spill response, realistic efficiency rates must be used for the specified response methods to account for the reduction of control or removal rates under those severe weather and other environmental limitations. The plan must include

(1) a description of the realistic maximum response operating limitations, including severe weather and environmental limitations, that might be encountered at the facility or operation and, based on environmental and safety considerations, an analysis of the frequency and duration, expressed as a percentage of time, of limitations that would render mechanical response methods ineffective;

(2) descriptions of additional specific temporary prevention or response measures that will be taken to reduce the environmental consequences of a discharge, including nonmechanical response options, during those periods when environmental conditions exceed realistic maximum response operating limitations;

(3) an analysis that provides the basis for the requirements in (1) and (2) of this subsection; the analysis must consider the following environmental conditions:

(A) weather, including wind, visibility, precipitation, and temperature based on National Weather Service data or local weather records;

(B) sea states, tides, and currents;

(D) hours of daylight; and

(E) other known environmental conditions that might influence the efficiency of the response equipment or the overall effectiveness of a response effort; and

(4) for plans proposing the use of nonmechanical response options,

(A) a complete inventory of nonmechanical response equipment and supplies, including the type and toxicity of each dispersant, with procedures for storage, maintenance, and deployment;

(B) identification of all necessary approvals, and a completed sample application for department approval for open burning if in situ burning is a proposed response option; and

(C) identification of all necessary permits, approvals, or authorizations for use of nonmechanical response options and the timeline to apply for them.

(f) The plan holder must identify aircraft, vessels, and other means that may be used to transport equipment and personnel during a discharge response, including information on ownership and availability of identified means of transportation.

(g) The plan holder must have ready access to enough equipment to meet the applicable response planning standard established under 18 AAC 75.430 - 18 AAC 75.442 using mechanical methods of oil control, containment, and cleanup. Identified equipment must reflect the best available technology when the plan is submitted or renewed. The plan must include a complete list of contracted or other oil discharge containment, control, cleanup, storage, transfer, lightering, and related response equipment to meet the applicable response planning standards, to protect and recover wildlife as required by 18 AAC 75.449(a)(6)(M), and to protect environmentally sensitive areas and areas of public concern that are identified in (k) of this section and that may be reasonably expected to be impacted by a spill of the response planning standard volume as described in the response strategies developed under 18 AAC 75.449(a)(6) and (7) before oil reaches them. The list must include

(1) the location, inventory, and ownership of the equipment;

(2) the time frame for delivery and startup of response equipment and trained personnel located outside the facility's primary region of operation;

(3) the manufacturer's rated throughput capacities, limitations, and operational characteristics for each item of oil recovery equipment, including nonmechanical response techniques;

(4) each vessel designated for oil recovery operations, including skimming vessels and platforms, and vessels designated to tow and deploy boom; vessels used to deploy and tow boom must be of a number, size, and power adequate to deploy the types and amounts of boom and must be capable of operating in the manner and at the speeds necessary for the effective use of boom;

(5) information on additional vessels available from other sources for oil recovery operations, including, if applicable, procedures for inventorying, training personnel, and equipping vessels;

(6) pumping, transfer and temporary storage, and lightering equipment for transferring oil from damaged and undamaged tanks;

(7) the capacity of the temporary storage system for recovered oil and oily wastes; and

(8) the procedures for storage, maintenance, and inspection of spill response equipment under the immediate control of the operator when not in use, including procedures for periodic testing and maintenance of response equipment.

(h) Response equipment identified in the plan must meet the following conditions:

(1) types and amounts of boom, boom connectors, and anchorage devices must be of the appropriate design for the particular oil product, type of environment, and environmental conditions experienced at the facility or operation; the boom must be of sufficient length to mount an effective response to discharged oil, of the volume calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility;

(2) the number and size of skimmers and pumps to be used must be appropriate and adequate for recovery of the response planning standard volume of the type of oil discharged within the response planning standard time frame for cleanup established under 18 AAC 75.430 - 18 AAC 75.442, using an effective oil recovery capacity of 20 percent of the equipment manufacturer's rated throughput capacity over the planned hours of equipment operation within a 24-hour period unless an analysis conducted under (4)(B)(iii) of this subsection demonstrates that another effective daily oil recovery capacity is appropriate; equipment types must be compatible with each other as necessary to ensure an efficient response;

(3) the following formula must be used to determine the effective daily oil recovery capacity for each skimming system:

R = T x U x E

where

R = Effective daily oil recovery capacity in barrels;

T = Manufacturer's rated throughput capacity as defined in (o) of this section, in barrels per hour;

U = Hours that an operator can document capability to operate equipment during a 24-hour period under spill conditions; this figure may not exceed 20 hours per day unless an operator can demonstrate that the recovery rate can be sustained for longer periods;

E = Oil recovery efficiency rate, 0.2 unless otherwise approved by the department;

(4) compliance with the response planning standard must be attainable by designing a response capability

(A) that is equal to or greater than the volume of oil established by the response planning standard; and

(B) as demonstrated through the plan scenario, as follows:

(i) the capacity of the temporary storage system for recovered oil and oily wastes must be appropriate and adequate for the total volume of oily fluids recovered, based on the equipment manufacturer's rated throughput capacity, within the response planning standard time frames for cleanup established under 18 AAC 75.430 - 18 AAC 75.442; 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;

(ii) if available temporary storage capacity is insufficient, the effective daily recovery capacity must be reduced to the limits of the available storage; and

(iii) if a plan holder wants to demonstrate to the department that another oil recovery efficiency rate is appropriate, the plan holder must submit a request for skimmer system efficiency evaluation on a form supplied by the department; the department will approve or deny a modified oil recovery efficiency rate based on the information provided.

(i) If a plan holder proposes to use the services of an oil spill primary response action contractor to meet a requirement of AS 46.04.030 or 18 AAC 75.432 - 18 AAC 75.442, the contractor must be registered under 18 AAC 75.500 - 18 AAC 75.580. The use of an oil spill primary response action contractor does not relieve the plan holder of its responsibility to provide the information required by this subsection and to meet all other applicable requirements of 18 AAC 75.400 - 18 AAC 75.495. The plan must include a correct and complete list of each oil spill primary response action contractor, with name, address, telephone number, and affiliation by company, and a description of the response equipment and services provided. For each primary response action contract, the plan must also include a statement of contractual terms signed by the plan holder and the oil spill primary response action contractor, attesting to the department that the contract

(1) clearly specifies that the contractor is obligated to

(A) provide the response services and equipment listed for that contractor in the plan;

(B) respond if a discharge occurs;

(C) notify the plan holder immediately if the contractor cannot carry out the response actions specified in the contract or the plan;

(D) give written notice at least 30 days before terminating its contract with the plan holder;

(E) respond to a department-conducted discharge exercise required of the plan holder; and

(F) continuously maintain in a state of readiness, in accordance with industry standards, the equipment and other spill response resources to be provided by the contractor under the plan; and

(2) contains the provisions required under AS 46.04.030(q), if the contract is between the plan holder for a tank vessel or oil barge carrying crude oil that has been transported by the Trans Alaska Pipeline System and a primary response action contractor who is the common operating agent for the holders and lessees of the right-of-way agreement for the Trans Alaska Pipeline System.

(j) A plan holder shall provide a detailed description of the training programs for designated discharge response personnel and operations personnel to demonstrate that

(1) designated oil spill response personnel are trained and kept current in the specifics of plan implementation, including deployment of containment boom, operation of skimmers and lightering equipment, and organization and mobilization of personnel and resources;

(2) personnel are trained and kept current in oil discharge prevention measures as required by 18 AAC 75.020; and

(3) proof of training required in (1) and (2) of this subsection is maintained for five years and is made available to the department upon request; this must include

(A) a statement, signed and dated by each participant, listing the course or program content;

(B) shipboard records verified by the vessel master; or

(k) For a stationary facility or operation, for a railroad, and, if required by the department, for a vessel, mapped identification of environmentally sensitive areas and areas of public concern that may be impacted by a discharge of the volume calculated for the response planning standard under 18 AAC 75.430 - 18 AAC 75.442 for each type of facility or operation. If identification of those areas and site-specific strategies for protection of those areas are in an applicable geographic zone in one or more area contingency plans, the plan holder may incorporate that information by reference. The identification of and planned protection measures for those areas must

(1) be based on mapped predictions of discharge movement, spreading, and probable points of contact, based on expected local, seasonal, meteorological, and, as applicable, oceanographic and topographic conditions; and

(2) for each probable point of contact, include a description of each environmentally sensitive area and each area of public concern, including

(A) the effect of seasonal conditions on the sensitivity of each area;

(B) a discussion of the toxicity effects and persistence of the discharge, based on type of product; and

(l) The plan must include a list of resources, in addition to those maintained by the plan holder or available under contract to meet the applicable response planning standard for that facility or operation, that may be used for responding to the greatest possible discharge.

(m) The supplemental information must include other information necessary to provide background for or verification of the plan contents.

(n) The supplemental information must include a bibliography listing data and information sources used to determine the information contained in the plan.

(o) In this section, "manufacturer's rated throughput capacity," also referred to as "manufacturer's nameplate recovery rate," means the maximum rate at which the skimmer system can recover and process oil under ideal conditions, as stated by the manufacturer, and represents the total liquid recovered within the limitations of the test method. For a skimmer system in which the pump on the device limits the throughput of liquid, the manufacturer's rated throughput capacity must be calculated using the pump capacity. The manufacturer's rated throughput capacity is used in conjunction with the oil recovery efficiency rate to account for various real-world conditions including changing encounter rate, slick thickness, changes in oil properties, and inclement weather.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 2/5/2023, Register 245

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);

(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(i)(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);

(D) track-mounted railroad tank car defect detector systems as required by 18 AAC 75.085(5).

(b) For each applicable technology under (a)(l) - (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.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 2/5/2023, Register 245

18 AAC 75.453 Part 5 - oil discharge prevention and contingency plan; response planning standard

The plan must

(1) provide a mathematical calculation of the applicable response planning standards set out in 18 AAC 75.430 - 18 AAC 75.440 and 18 AAC 75.442;

(2) include a detailed calculation and justification of reductions to the response planning standard; and

(3) include an estimate of the percentage of the applicable response planning standard volume set out at 18 AAC 75.430 - 18 AAC 75.436, and 18 AAC 75.442 based on calculations in (1) and (2) of this section for the facility or operation that will reach open water, and based on the receiving environment information in 18 AAC 75.451(c).

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 2/5/2023, Register 245

18 AAC 75.455 Department review procedures for oil discharge prevention and contingency plans; new plans, plan renewals, and major plan amendments

(a) Not later than seven working days after receipt of an oil discharge prevention and contingency plan application package for a new plan, plan renewal or major amendment, the department will determine if the application package is sufficient for review. For an amendment application submitted as a minor amendment but determined to be a major amendment, the department will determine if the application package is sufficient for review not later than seven working days after it determines that the application is for a major amendment. If the application package is not sufficient for review, the department will notify the applicant in writing.

(b) When the department determines that an application package is sufficient for review, the department will

(1) notify the applicant in writing;

(2) direct the applicant to provide copies of the application package to the department in accordance with 18 AAC 75.408(c);

(3) set the public comment period for a minimum of 30 days; if the department determines that the application package is unusually large or complex, or that determines a longer comment period is in the public interest, the department will set the public comment period for a maximum of 45 days;

(4) send a letter to the applicant, and send notice to interested persons by electronic mail to a listserv facilitated by the department; in the letter the department will include

(A) information on the public comment period established under (3) of this subsection; and

(B) a statement that the department will accept comments on the plan and proposed requests for additional information until the end of the comment period; and

(5) publish a notice online announcing the public comment period for the plan and will notify interested persons of the availability of the package on the department's Internet website by electronic mail to a listserv facilitated by the department; the notice will include

(A) a statement that a person may submit comments or propose requests for additional information by providing them to the department before the published deadline;

(B) information on the nature and location of the plan; and

(D) a statement that the application package is available on the department's Internet website.

(c) If the department determines that additional information is required to evaluate if the application package is complete,

(1) the department will notify the applicant in writing that a request for additional information will be transmitted and when the request will be provided; the department will transmit the request for additional information not later than 60 days after the end of the public comment period in (b) of this section; if the department determines that the package is unusually large or complex, the request will be transmitted not later than 90 days after the close of the public comment period in (b) of this section; the department may set a deadline for the submittal of the additional information;

(2) the applicant must provide responses to the requests for additional information to the department in accordance with 18 AAC 75.408(c);

(3) if the applicant has not provided the information requested or if the applicant's responses to requests for additional information cause the department to identify the need for additional information, the department will send subsequent requests for additional information until the department determines that the applicant has supplied the necessary information in response to the requests; and

(4) when the department has verified all requests have been addressed, the applicant must provide copies of the responses to the requests for additional information in accordance with 18 AAC 75.408(c).

(d) Upon receipt and review by the department of the additional information requested under (c) of this section, the department will provide notice to the parties described in 18 AAC 75.408(d) of a minimum 10-day public comment period on the additional information. The comment period under this subsection is limited to the additional information submitted in response to the request for additional information.

(e) The department will make a determination as to whether an application package is complete not later than seven working days after the end of the public comment period established in (d) of this section or, if no action was taken under (c) of this section, not later than seven working days after the end of the comment period established under (b)(3) of this section. The department will notify the applicant when the application package is complete.

(f) The department will hold a public hearing on an application package in the manner provided under 18 AAC 15.060 if

(1) the department determines that good cause exists; or

(2) at least 20 days before the end of the public comment period under (b)(3) of this section, a hearing is requested by

(A) at least 50 residents of the affected area; or

(B) the governing body of an affected municipality or tribal entity.

(g) Not later than 60 days after the department determines that an application package is complete under (e) of this section, the department will approve, approve with conditions, or disapprove a plan and issue a decision under 18 AAC 75.460.

(h) To assist the department in its review of oil discharge prevention and contingency plans under this chapter, the department will enter into an annual agreement with the Department of Natural Resources and the Department of Fish and Game to provide expertise regarding protection of fish and game, state land, areas of public concern, and environmentally sensitive areas.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 4/8/2012, Register 202; am 4/16/2016, Register 218; am 3/23/2017, Register 221; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.456 Department decision on streamlined oil discharge prevention and contingency plans

(a) The department will approve or disapprove a streamlined oil discharge prevention and contingency plan or plan amendment not later than five working days after receipt of a complete application. The department will approve a streamlined plan application submitted under 18 AAC 75.421 if the plan meets the following requirements:

(1) the information submitted conforms to the requirements of 18 AAC 75.426;

(2) the streamlined plan cleanup contractor identified under 18 AAC 75.426(11) is registered under 18 AAC 75.500 - 18 AAC 75.580 for the appropriate classification and region of operation identified in the application;

(3) the streamlined plan incident management team identified under 18 AAC 75.426(11) is registered under 18 AAC 75.500 - 18 AAC 75.580 for the appropriate classification and region of operation identified in the application;

(4) the response planning facilitator identified under 18 AAC 75.426(14) is registered under 18 AAC 75.500 - 18 AAC 75.580 to provide the appropriate response planning facilitation services identified in the application; and

(5) the noncrude oil tank vessel or barge meets the onboard equipment, training, and personnel requirements of 18 AAC 75.429.

(b) A streamlined plan is effective for

(1) five years after the date the plan is approved by the department; or

(2) a time period shorter than five years, as specified in the department's approval letter.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 4/16/2016, Register 218; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.457 Emergency modification of review process

If, due to an emergency as described in AS 26.23, AS 46.04.080, or other applicable law, an applicant needs an expedited review, or if the commissioner or the commissioner's designee finds that an expedited review is necessary for the preservation of the public peace, health, safety, or general welfare, the commissioner or the commissioner's designee may, consistent with the requirements of AS 46.04.030(j), modify the review process established in 18 AAC 75.455 as necessary to meet the emergency. Modifications in the review process made under this section will be made in writing by the commissioner or the commissioner's designee based upon clear and convincing evidence of a need for the modification.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 4/16/2016, Register 218; am 2/5/2023, Register 245

18 AAC 75.459 Preissuance conference

(a) After the department has determined that the application package is complete and before the department issues its decision under 18 AAC 75.460, the applicant may request a preissuance conference. The request must be made in writing, and will be granted if the applicant demonstrates that holding a conference will materially aid the department in reaching its decision.

(b) A preissuance conference under this section will be conducted in the manner provided under 18 AAC 15.070. However, the time period for the department's review will not be held in abeyance pending completion of the conference.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 9/4/2014, Register 211; am 2/5/2023, Register 245

18 AAC 75.460 Department decision on oil discharge prevention and contingency plans; new plans, plan renewals, and major plan amendments

(a) After considering the information, analyses, and commitments contained in a complete application package for approval of an oil discharge prevention and contingency plan and comments received not later than the close of the public comment period set out in 18 AAC 75.455, the department will approve, approve with conditions, or disapprove an oil discharge prevention and contingency plan.

(b) A decision issued under (a) of this section will include

(1) the department's written decision and a summary of the basis for its decision to approve a plan, disapprove a plan, or subject a plan to conditions specific to the activity;

(2) a statement that, if aggrieved by the department's decision, the applicant or a person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455 may request

(A) an informal review in accordance with 18 AAC 15.185; or

(B) an adjudicatory hearing by submitting the information required under 18 AAC 15.200(a), and that a hearing requested under this subparagraph will be subject to the procedures set out under 18 AAC 15.195 - 18 AAC 15.340; and

(3) a statement requiring the plan holder to provide copies of the approved plan in accordance with 18 AAC 75.408 not later than 30 days after approval unless the department determines that the plan is unusually large or complex, in which case the decision will include a statement requiring the plan holder to provide copies not later than 45 days after approval.

(c) The department's decision will be served on the applicant and each person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455(b), or the close of the public comment period set out in 18 AAC 75.455(d) if a request for additional information was made. The applicant and a person who submitted comments on the application not later than the close of the public comment period set out in 18 AAC 75.455(b), or the close of the public comment period set out in 18 AAC 75.455(d) if a request for additional information was made, may request an informal review in accordance with 18 AAC 15.185 or an adjudicatory hearing in accordance with 18 AAC 15.195 - 18 AAC 15.340. An informal review request must be delivered in accordance with 18 AAC 15.185 to the office of the director of the department division that oversees spill prevention and response. An adjudicatory hearing request must be delivered in accordance with 18 AAC 15.200 to the office of the commissioner.

(d) An approval under this section is effective for

(1) five years after the date it is issued; or

(2) a time period shorter than five years, as specified in the department's approval letter and certificate.

History

Authority: AS 46.03.020; AS 46.04.070 AS 46.04.030; AS 46.04.890
Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 9/4/2014, Register 211; am 4/16/2016, Register 218; am 3/23/2017 Register 221; am 10/27/2018, Register 228; am 2/5/2023, Register 245

18 AAC 75.465 Proof of approved plan

(a) The owner or operator of an oil terminal facility may not cause or permit the transfer of oil to or from a vessel, barge, or railroad tank car unless

(1) the operator of the vessel, barge, or railroad tank car has produced for inspection by the facility owner or operator the original, a true photocopy of the original, or an electronic copy of the certificate, approving the oil discharge prevention and contingency plan or streamlined plan for that operation; and

(2) the operator of the vessel, barge, or railroad tank car has certified, on a contingency plan verification log supplied by the department and maintained by the owner or operator of the oil terminal facility, that a copy of the approved streamlined plan, or the response action and prevention plan sections of the approved oil discharge prevention and contingency plan, and a copy of the plan approval certificate, are available on the vessel or barge, or for a railroad tank car, are available from the operator of the railroad tank car; these documents may be the original, a true photocopy, or an electronic copy.

(b) The owner or operator of an oil terminal facility shall certify on the contingency plan verification log that the operator of the vessel or barge has complied with (a)(1) and (2) of this section. The facility owner or operator shall maintain the log on a monthly basis and shall submit the log for the previous month to the department not later than the fifth day of the following month. The owner or operator of an oil terminal facility may notify the department to suspend the requirement to submit a monthly log when no fuel transfer operations will occur for two or more consecutive months. Submission is effective upon personal delivery, electronic mail transmission, or on the date of mailing by certified mail to the department. The department will retain copies of all logs received under this subsection for five years after receipt.

(c) On the first working day after the operator of a vessel or railroad tank car fails to comply with the requirements of (a)(1) or (2) of this section, the oil terminal facility owner or operator shall report that failure to the department by telephone or electronic mail.

(d) Verification and entry on the contingency plan verification log referred to under (b) of this section is required for each separate loading or unloading operation of a vessel at an oil terminal facility.

(e) Each facility that has a plan approved under 18 AAC 75.460(a) and each vessel that has a streamlined plan approved under 18 AAC 75.456(a) must at all times have available at the facility, or for a railroad tank car must at all times have available from the operator of the railroad tank car, the original, a true photocopy, or an electronic copy of the following:

(1) the approved streamlined plan or the response action and prevention plan sections of the approved oil discharge prevention and contingency plan;

(2) the approval letter and certificate of approval issued by the department; and

(3) additional department approval letters issued after initial plan approval is granted.

(f) Repealed 2/5/2023.

History

Authority: AS 46.03.020; AS 46.04.050; AS 46.04.070 AS 46.04.030; AS 46.04.055; AS 46.04.900
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 4/16/2016, Register 218; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.470 Transfers between plan holders

(a) If approved under this section, a plan holder, or an oil spill response contractor or cooperative upon which one or more plan holders rely, may furnish to another plan holder or to another person, equipment, materials, or personnel to assist in response to an oil discharge. A description of the proposed transfer that addresses each of the considerations set out in (b) of this section must be provided with the request for approval of a transfer.

(b) The department will, in its discretion, approve a transfer under this section after considering

(1) for a provider of oil spill response equipment, materials, or personnel:

(A) the amount and types of equipment, personnel, or other resources to be transferred in response to a discharge and where it will be transferred;

(B) the number and types of other plan holders who rely upon the provider's response equipment, personnel, and other resources;

(D) the ability of the provider to acquire and deploy alternate response equipment if an emergency discharge occurs while equipment, materials, or personnel are transferred; and

(E) any compensating measures that will be taken by the provider to prevent or reduce the size of potential discharges during the period of reduced response capability; and

(2) for a plan holder receiving the equipment, the time estimated for the response equipment to reach the discharge.

(d) The provider shall reorder and replace equipment or materials that are

(1) exhausted, lost, destroyed, or rendered inoperable as soon as the condition is known by the provider; and

(2) not expected to be returned, such as sorbent boom, sorbent pads, and dispersant, as soon as they are transferred.

(e) If equipment, materials, or personnel are not replaced or returned to the provider within 30 days after the transfer, the plan holder may request an extension from the department. If the extension is denied, the provider must apply for approval of an amendment to its approved plan under 18 AAC 75.415.

(f) Except in response to a major or catastrophic discharge, the department will not approve a transfer of equipment, materials, or personnel to another plan holder if the provider's spill response capability would be reduced to less than 40 percent of the response capability identified in its plan. If a major or catastrophic oil discharge occurs, the department will, in its discretion, approve an immediate transfer of up to 100 percent of the provider's response equipment, personnel, and other resources.

(g) The department will issue a verbal approval for a transfer if a discharge poses an imminent threat to life, property, the environment, or other significant public concern. The verbal approval will be verified in writing by the department.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 2/5/2023, Register 245

18 AAC 75.475 Notification of nonreadiness

(a) All spill response and other equipment identified in the approved oil discharge prevention and contingency plan or streamlined plan to meet the response planning standards set out at 18 AAC 75.430 - 18 AAC 75.442 must be maintained in operational condition. Equipment found not to be operating properly must be repaired or replaced immediately.

(b) Except for a transfer approved under 18 AAC 75.470, if a significant change occurs in, or is made to, a component of a plan that would diminish the plan holder's response capability, the plan holder shall, within 24 hours, notify the department in writing and provide a schedule for a prompt return to operational status. If the department finds that, as a result of the change, the plan holder is no longer able to execute the plan, it will take appropriate action under 18 AAC 75.490.

(c) Notwithstanding (a) and (b) of this section, removal or inactivation of a major response item for maintenance or repair must be approved by the department before removal or inactivation. A request under this subsection must be submitted at least 10 days before the scheduled action or as soon as possible for an unanticipated repair. The request must state what substitute or temporary measures will be taken to provide equivalent response capability, reduce the time out of service, or otherwise ensure that equivalent response capability is maintained.

(d) A plan holder shall notify the department in writing within 24 hours if a significant change occurs in, or is made to, one or more of the following systems, and if, as a result of that change, the system no longer meets the applicable performance requirements:

(1) a leak detection system required by 18 AAC 75.047(d)(1);

(2) a leak detection system required by 18 AAC 75.055(a);

(3) a secondary containment system required by 18 AAC 75.075.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 12/30/2006, Register 180; am 9/4/2014, Register 211; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.480 Inspections

(a) To verify that an owner or operator of a facility subject to AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 75.496 is in compliance with those statutes and regulations, or to verify compliance with an approved oil discharge prevention and contingency plan or a streamlined plan under those statutes and regulations, the department may conduct announced and unannounced inspections of the facility.

(b) The owner or operator of a facility subject to the requirements of AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 AAC 75.496 shall allow the department, at reasonable times and upon presentation of credentials establishing authority, to enter or access the facility to conduct in-person or virtual inspections under (a) of this section, including an inspection to verify

(1) facility infrastructure and prevention requirements under 18 AAC 75.001 - 18 AAC 75.085;

(2) availability and operability of oil spill response resources identified in the approved plan; and

(3) facility-specific records required to be maintained at the facility under (c) of this section.

(c) The owner or operator of a facility subject to the requirements of AS 46.04.030 or AS 46.04.055 and to 18 AAC 75.400 - 18 AAC 74.496 must provide a copy of required documents to the department upon request during a facility inspection or a records audit. In addition,

(1) the department may make its own copies;

(2) records provided for review and inspection include documents required under 18 AAC 75.001 - 18 AAC 75.085 and 18 AAC 75.400 - 18 AAC 75.496; and

(3) documents required to be located at the facility under 18 AAC 75.240 and 18 AAC 75.400 - 18 AAC 75.496 must be readily available and provided to the department as part of an in-person inspection; they must be provided to the department on the same day of a virtual facility inspection.

(d) During an inspection conducted under this section, the department may obtain samples of suspected contaminated materials to verify compliance with 18 AAC 75.300 - 18 AAC 75.396 and 18 AAC 75.400 - 18 AAC 75.496, as applicable.

(e) During an inspection conducted under this section, the use of virtual technology must be mutually agreed upon with the facility owner or operator.

(f) If practicable, an inspection under this section will be coordinated with other regulatory agencies.

(g) Based on the results of an inspection conducted under this section, the department may take appropriate action under 18 AAC 75.490.

History

Authority: AS 46.03.020; AS 46.03.822; AS 46.04.065 AS 46.03.050; AS 46.04.020; AS 46.04.070 AS 46.03.710; AS 46.04.030; AS 46.09.010 AS 46.03.740; AS 46.04.055; AS 46.09.020 AS 46.03.755; AS 46.04.060
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 2/5/2023, Register 245

18 AAC 75.485 Discharge exercises

(a) The department may conduct announced and unannounced discharge exercises appropriate to the plan holder's current status of operations to ensure that an oil discharge prevention and contingency plan or the initial response actions in a streamlined plan for a noncrude oil tank vessel or barge are adequate in content and execution.

(b) At a minimum, a plan holder must conduct the following exercises as appropriate to the plan holder's current status of operations:

(1) for an oil discharge prevention and contingency plan,

(A) one operations-based discharge exercise for each five-year plan approval cycle in coordination with the department, based on the Homeland Security Exercise and Evaluation Program methodology described in the department's Oil Spill Response Exercise Manual, adopted by reference in (f) of this section, and

(B) the department may require not more than one additional operations-based exercise in each 12-month period; and

(2) for each noncrude oil tank vessel or barge with a streamlined plan, the plan holder must conduct one exercise on board the vessel in each 12-month period to ensure ongoing familiarity with onboard response equipment and response actions required under 18 AAC 75.429(a) and capability to conduct initial emergency response actions required under 18 AAC 75.426(5), as follows;

(A) the exercise must be an operations-based initial emergency response actions drill as described in the department's Oil Spill Response Exercise Manual, adopted by reference in (f) of this section, and must include documentation of onboard personnel training and of readiness of onboard response equipment;

(B) the plan holder shall self-certify the exercise conduct, lessons learned, and any corrective actions taken as a result on a form supplied by the department;

(C) the plan holder shall retain documentation of each exercise in retrievable form for five years and shall provide a copy to the department upon request; and

(D) the department may conduct not more than one additional onboard operations-based initial emergency response actions exercise in each 12-month period.

(c) Execution of an oil discharge prevention and contingency plan during an operations-based discharge exercise will be considered inadequate if the readiness for response and response performance described in the plan are significantly deficient due to inadequate mobilization or performance of personnel, equipment, other resources, or other factors, including the mobilization or performance of an oil spill primary response action contractor identified under 18 AAC 75.451(i).

(d) Execution of on board initial emergency response actions during an operations-based exercise for a streamlined plan will be considered inadequate if the plan holder is not able to conduct initial response actions in a timely and effective manner or if the plan holder fails to complete and retain the required self-certification form for each onboard exercise as required under (b)(2)(B) of this section.

(e) If a plan holder cannot adequately execute the plan or streamlined plan during an exercise conducted under this section, the department may

(1) notwithstanding the limitations in (b)(1)(B) or (2)(D) of this section, require additional exercises until the department is satisfied the plan or the streamlined plan and its execution are adequate; or

(2) take other appropriate action in accordance with 18 AAC 75.490.

(f) The department will consider a regularly scheduled training exercise or a Preparedness for Response Exercise Program exercise initiated by a plan holder to be a discharge exercise, as required under (b)(l) of this section, if the exercise is operations-based, if the department participates in the planning and evaluation of the exercise, and if the exercise follows the procedures described in the department's Oil Spill Response Exercise Manual, September 27, 2022, adopted by reference.

(g) In this section, "Preparedness for Response Exercise Program" means the April 2016 document that provides a mechanism for exercise compliance with federal pollution response exercise requirements mandated under 33 U.S.C. 2701 - 2762 (Oil Pollution Act of 1990).

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 3/23/2017, Register 221; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.489 Definition

In 18 AAC 75.400 - 18 AAC 75.496, "temporary basis" means the use of an aboveground oil storage tank located at a facility for a duration of less than 12 consecutive months and is limited to aboveground oil storage tanks used for project or maintenance activities.

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.03.030; AS 46.04.070
Eff. 2/5/2023, Register 245

18 AAC 75.490 Failure to comply

(a) If a plan holder fails to comply with an approved oil discharge prevention and contingency plan or streamlined plan, demonstrates an inability to maintain continuous access to the quality or quantity of resources identified in the plan, fails to respond with those resources in the shortest possible time if a discharge occurs, or is subject to the terms of AS 46.04.030(f)(1) - (4), the department may

(1) revoke the approval of the plan after notice and opportunity for hearing under (c) of this section;

(2) suspend its approval of the plan after notice and opportunity for hearing under (c) of this section, stating the conditions under which the department will reinstate the approval and allow operations to resume;

(3) order the plan holder to file an application to amend the plan within a specified time under 18 AAC 75.415; or

(4) take other necessary action to correct the failure to comply.

(b) If a plan holder fails to apply for an amendment as required under (a)(3) of this section, the department may revoke the approval of the plan after notice and opportunity for hearing under (c) of this section.

(c) If the department issues a notice of intent to revoke an approval under this chapter, the plan holder may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.020; AS 46.03.750; AS 46.04.055 AS 46.03.740; AS 46.03.880; AS 46.04.070 AS 46.03.745; AS 46.04.030; AS 46.04.890
Eff. 5/14/92, Register 122; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 11/7/2020, Register 236; am 2/5/2023, Register 245

18 AAC 75.495 Regional master discharge prevention and contingency plan boundaries

(a) Three coastal areas and one inland area, and associated geographic zones as described in (b) of this section, are established for the regional master oil and hazardous substance discharge prevention and contingency plan boundaries as required by AS 46.04.210. Planning areas and geographic zones are depicted on the map in Figure 1. The area boundaries are as follows:

(1) the Southeast Alaska Area planning boundaries mirror the Southeast Alaska Captain of the Port Zone, and extend seaward from the coastline 200 nautical miles to the Exclusive Economic Zone; the Area also extends inland 1,000 yards; the Southeast Alaska geographic zone, as defined in (b) of this section, lies partially within the Southeast Alaska Area;

(2) the Prince William Sound Area planning boundaries mirror the Prince William Sound Captain of the Port Zone and extend seaward from the coastline 200 nautical miles to the Exclusive Economic Zone; the Area also extends inland 1,000 yards and includes the Lowe River from Port Valdez to Thompson Pass; the Prince William Sound geographic zone, as defined in (b) of this section, lies partially within the Prince William Sound Area;

(3) the Arctic and Western Alaska Area planning boundaries mirror the Western Alaska Captain of the Port Zone and extend seaward from the coastline 200 nautical miles to the Exclusive Economic Zone; the Area also extends inland 1,000 yards, and includes the Knik River up to Old Glenn Highway Bridge, the Kuskokwim River up to Bethel Old Army Airstrip, the Kvichak River up to Levelock Creek, the Naknek River up to King Salmon Quinault Landing, the Nushagak River up to Black Point, the Wood River up to South end of Sheep Island, and the Yukon River up to Pitka's Point and the Andreafsky River confluence, not including St. Mary's; the following geographic zones, as defined in (b) of this section, lie partially within the Arctic and Western Alaska Area:

(A) Aleutian Island;

(B) Bristol Bay;

(D) Kodiak Island;

(E) North Slope;

(F) Northwest Arctic

(G) Prince William Sound; and

(H) Western Alaska;

(4) the Alaska Inland Area includes all terrestrial land of the state 1,000 yards inland of the coastline not encompassed by the planning areas in (1) - (3) of this subsection; portions of all 10 geographic zones described in (b) of this section lie partially within the Alaska Inland Area.

(b) The 10 geographic zones are defined by the department as follows:

(1) Southeast Alaska Geographic Zone: that zone east of 142° W. longitude and south of a line just west of Icy Bay that connects the U.S.-Canadian border with the Gulf of Alaska, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(2) Prince William Sound Geographic Zone: that zone south of 63° 30' N. latitude, west of the zone described in (1) of this subsection, and east of the zone described in (3) of this subsection, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(3) Cook Inlet Geographic Zone: that zone encompassed by the boundaries of the Kenai Peninsula Borough, the Municipality of Anchorage, and the Matanuska-Susitna Borough, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(4) Kodiak Island Geographic Zone: that zone encompassed by the boundaries of the Kodiak Island Borough, extending from the Barren Islands at the north to Chirikof Island and the Semidi Island group at the south, and the coastal area watershed draining to the Shelikof Strait on the south side of the Alaska Peninsula from Cape Kilokak to Cape Douglas; the Kodiak archipelago and west side of Shelikof Strait within the Kodiak Island Borough is approximately 100 miles wide and 250 miles long; it includes more than 5,000 square miles of land, no point of which is more than 15 miles from the sea, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(5) Aleutian Island Geographic Zone: that zone encompassed by the boundaries of the Aleutians East Borough, the Aleutians West Census Area, and the Pribilof lslands, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(6) Bristol Bay Geographic Zone: that zone encompassed by the boundaries of the Dillingham Census Area, the Bristol Bay Borough, and the Lake and Peninsula Borough, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(7) Western Alaska Geographic Zone: that zone north of the zone described in (6) of this subsection, encompassed by the boundaries of the southernmost boundary of the Bering Straits Native Corporation, and Iditarod and Kuspuk Regional Educational Attendance Areas, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(8) Northwest Arctic Geographic Zone: that zone encompassed by the Northwest Arctic Borough and the Bering Straits Native Corporation, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured;

(9) North Slope Geographic Zone: that zone encompassed by the boundaries of the North Slope Borough, including adjacent shorelines and state waters, and having as its seaward boundary a line drawn so that each point on it is 200 nautical miles from the baseline from which the territorial sea is measured; and

(10) Interior Alaska Geographic Zone: that zone of the state not included in (1) - (9) of this subsection.

(c) If the department finds that a discharge that could occur beyond the territorial sea would not have a significant adverse effect on the resources of the state or on other interests of the state, the department may adjust the seaward boundary of a geographic zone established in (b) of this section to exclude that area.

(d) In this section, the "Captain of the Port Zone" boundaries are those established in 33 C.F.R. 3.85-10, as revised as of July 2, 2007, and adopted by reference, and 33 C.F.R. 3.85-15, as revised as of March 21, 2008, and adopted by reference.

Click to view Figure 1. Regional Master Contingency Plan Boundaries (18 AAC 75.495)

History

Authority: AS 46.03.020; AS 46.04.070; AS 46.04.210
Eff. 5/14/92, Register 122; am 11/27/2002, Register 164; am 10/9/2008, Register 188; am 2/5/2023, Register 245

18 AAC 75.496 Regional response operations plan boundaries for nontank vessels

The regions described in this section and depicted on the map at Figure 2 are established for the purpose of establishing boundaries for nontank vessel plans:

(1) Southeast Alaska Region: that area of the state east of 142° W. longitude and south of a line just west of Icy Bay that connects the U.S.-Canadian border with the Gulf of Alaska, including adjacent shorelines and state waters;

(2) Prince William Sound Region: that area south of 63°30´ N. latitude, west of the region described in (1) of this section, and east of the region described in (3) of this section, including adjacent shorelines and state waters;

(3) Cook Inlet Region: that area encompassed by the boundaries of the Kenai Peninsula Borough, the Municipality of Anchorage, and the Matanuska-Susitna Borough, including adjacent shorelines and state waters;

(4) Kodiak Island Region: that area encompassed by the boundaries of the Kodiak Island Borough, including adjacent shorelines and state waters;

(5) Aleutian Region: those areas encompassed by the boundaries of the Aleutians East Borough, the Aleutians West Census Area, and the Pribilof lslands, including adjacent shorelines and state waters;

(6) Bristol Bay Region: that area encompassed by the boundaries of the Dillingham Census Area, the Bristol Bay Borough, and the Lake and Peninsula Borough, including adjacent shorelines and state waters;

(7) Western Alaska Region: that area north of the area described in (6) of this section, encompassed by the boundaries of the southernmost boundary of the Bering Straits Native Corporation and Iditarod and Kuspuk Regional Educational Attendance Areas, including adjacent shorelines and state waters;

(8) Northwest Arctic Region: that area encompassed by the Northwest Arctic Borough and the Bering Straits Native Corporation, including adjacent shorelines and state waters;

(9) North Slope Region: that area encompassed by the boundaries of the North Slope Borough, including adjacent shorelines and state waters;

(10) Interior Alaska Region: that area of the state not included in (1) - (9) of this section.

Click to view Figure 2. Regional Response Operations Plan Boundaries (18 AAC 75.496)

History

Authority: AS 46.03.020; AS 46.04.055 AS 46.04.030; AS 46.04.070
Eff. 11/27/2002, Register 164; am 2/5/2023, Register 245

Article 5 Oil Spill Primary Response Action Contractors and Nontank Vessel Cleanup Contractors, Incident Management Teams, and Response Planning Facilitators

18 AAC 75.500 Definition of oil spill primary response action contractor; applicability

(a) As used in AS 46.04.035 and 18 AAC 75.500 - 18 AAC 75.580, "oil spill primary response action contractor" means a person who is or intends to be obligated under contract to the holder of an approved oil discharge prevention and contingency plan issued under AS 46.04.030 to provide resources or equipment to contain, control, or clean up an oil discharge. "Oil spill primary response action contractor" does not include

(1) a person who provides only ancillary services or equipment not for the specific purpose of containing, controlling, or cleaning up an oil discharge; or

(2) an approved oil discharge prevention and contingency plan holder who provides to another plan holder resources or equipment to contain, control, or clean up an oil discharge.

(b) A response action contractor is not required to register under 18 AAC 75.500 - 18 AAC 75.580 unless the contractor is directly obligated to a plan holder by contract to provide spill response resources to meet the requirements of AS 46.04.030 and 18 AAC 75.400 - 18 AAC 75.495 and is listed in that plan holder's oil discharge prevention and contingency plan as providing all or part of the response resources required to demonstrate compliance with an applicable response planning standard under 18 AAC 75.432 - 18 AAC 75.442.

(c) The holder of an approved oil discharge prevention and contingency plan whose resources are listed in the plan of another plan holder to meet the requirements of AS 46.04.030 and 18 AAC 75.400 - 18 AAC 75.495 is not required to register as an oil spill primary response action contractor, but is subject to all other requirements of 18 AAC 75.451(i).

(d) Any person may apply to the department for registration under 18 AAC 75.500 - 18 AAC 75.580 as an oil spill primary response action contractor.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.055 AS 46.03.825; AS 46.04.035; AS 46.04.070
Eff. 9/25/93, Register 127; am 3/28/96, Register 137; am 2/5/2023, Register 245

18 AAC 75.501 Applicability with respect to streamlined plan cleanup contractors, incident management teams, and response planning facilitators

(a) The department will not consider a person to be a streamlined plan cleanup contractor, incident management team, or response planning facilitator, or to be otherwise subject to the registration requirements of AS 46.04.055, as applicable, and 18 AAC 75.500 - 18 AAC 75.580, if the person

(1) provides only ancillary services or equipment not for the specific purpose of

(A) containing, controlling, or cleaning up an oil discharge under a contract or membership agreement to meet all or part of the requirements of AS 46.04.055, as applicable, and 18 AAC 75.400 - 18 AAC 75.496;

(B) providing incident management services for a spill under a contract to meet all or part of the requirements of AS 46.04.055, as applicable, and 18 AAC 75.400 - 18 AAC 75.496; or

(C) response plan facilitation to develop the response operations plan under 18 AAC 75.428 to meet all or part of the requirements of AS 46.04.055, as applicable, and 18 AAC 75.400 - 18 AAC 75.496; or

(2) is an approved oil discharge prevention and contingency plan holder or streamlined plan holder who provides to another plan holder resources or equipment to

(A) contain, control, or clean up an oil discharge;

(B) provide incident management services for a spill; or

(b) A streamlined plan cleanup contractor must be registered under this chapter if the contractor is listed in a streamlined plan as providing containment, control, or cleanup actions under a contract or membership agreement to meet all or part of the requirements of 18 AAC 75.400 - 18 AAC 75.496.

(c) A streamlined plan incident management team must be registered under this chapter if the team is listed in a streamlined plan as providing incident management team services under a contract to meet all or part of the requirements of 18 AAC 75.400 - 18 AAC 75.496.

(d) A response planning facilitator must be registered under this chapter if the facilitator is listed in a streamlined plan as providing response planning facilitation services under 18 AAC 75.428 to meet all or part of the requirements of 18 AAC 75.400 - 18 AAC 75.496.

(e) Nothing in this chapter prohibits a person from registering as more than one of the following, in order to provide more than one type of response action for streamlined plans:

(1) a streamlined plan cleanup contractor;

(2) a streamlined plan incident management team;

(3) a response planning facilitator.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.510 General provisions

(a) The resources of a response action contractor listed in an oil discharge prevention and contingency plan to contain, control, or clean up an oil discharge and to demonstrate compliance with all or part of a response planning standard under 18 AAC 75.432 - 18 AAC 75.442 will not be considered by the department in its review of the plan unless

(1) that person is registered as an oil spill primary response action contractor under 18 AAC 75.500 - 18 AAC 75.580; and

(2) all other requirements of 18 AAC 75.451(i) are met.

(b) Registration of an oil spill primary response action contractor by the department does not

(1) constitute an assurance by the department of the qualifications or abilities of that contractor;

(2) constitute an assurance by the department that the contractor will adequately respond to a release or threatened release of oil; or

(3) provide a defense to liability under state law.

History

Authority: AS 46.03.020; AS 46.04.030; AS 46.04.055 AS 46.03.825; AS 46.04.035; AS 46.04.070
Eff. 9/25/93, Register 127; am 3/28/96, Register 137; am 2/5/2023, Register 245

18 AAC 75.520 Application for oil spill primary response action contractor registration or renewal

(a) Oil spill primary response action contractor registration under this section is effective for three years after the date of issuance under 18 AAC 75.550.

(b) A person seeking registration or renewal of registration as an oil spill primary response action contractor must submit an application, on a form provided by the department, to the contractor registration program, division of spill prevention and response within the department.

(c) An applicant for renewal of registration must submit an application no less than 60 days before the registration expires. If the information required by 18 AAC 75.530 has not changed since the previous application, the renewal application may incorporate the previous application by reference.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 9/25/93, Register 127; am 3/28/96, Register 137; am 11/27/2002, Register 164

18 AAC 75.521 Application for streamlined plan cleanup contractor registration

(a) Streamlined plan cleanup contractor registration is effective for as long as the contractor is in compliance with the applicable requirements of this chapter.

(b) A person seeking registration as a streamlined plan cleanup contractor must submit an application to the department, on a form provided by the department. An initial application or amendment to an existing registration must be submitted at least 60 days before the start of or change in operations.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/7/2020, Register 236

18 AAC 75.522 Application for streamlined plan incident management team registration

(a) Streamlined plan incident management team registration is effective for as long as the contractor is in compliance with the applicable requirements of this chapter.

(b) A person seeking registration as a streamlined plan incident management team must submit an application to the department, on a form provided by the department. An initial application or an amendment to an existing registration must be submitted at least 60 days before the start of or change in operations.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/7/2020, Register 236

18 AAC 75.523 Application for response planning facilitator registration

(a) A response planning facilitator registration is effective for as long as the contractor is in compliance with the applicable requirements of this chapter.

(b) A person seeking registration as a response planning facilitator must submit an application to the department, on a form provided by the department. An initial application or an amendment to an existing registration must be submitted at least 60 days before the start of or change in operations.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/7/2020, Register 236

18 AAC 75.530 Registration application contents for oil spill primary response action contractors for oil discharge prevention and contingency plans

(a) An application required under 18 AAC 75.520(b) must

(1) include the applicant's name, address, telephone number, and facsimile machine number;

(2) identify each region described in 18 AAC 75.495 where the applicant's oil spill response resources will be made available for use by a contingency plan holder;

(3) include a call-out list of appropriate response personnel or identify any

(A) labor subcontractor; and

(B) labor contract to supply response personnel;

(4) completely describe the most recent inventory of the applicant's oil spill response resources available for mobilization and deployment to each of the geographic regions identified in (2) of this subsection, including

(A) the number and location of trained personnel;

(B) a description of the applicant's minimum training requirements for response personnel and procedures for training additional personnel if needed; and

(i) oil containment equipment;

(ii) oil recovery equipment, including equipment nameplate ratings in barrels per hour;

(iii) transfer, storage, and disposal equipment;

(iv) dispersant or burning equipment; and

(v) significant ancillary resources and equipment; and

(5) describe the applicant's previous oil spill activities and history of compliance with state and federal environmental laws.

(b) Instead of submitting the information required under (a)(4) and (a)(5) of this section, an applicant may submit a complete copy of an application for and a certified copy of the applicant's current Interim or Final Letter of Classification as an Oil Spill Removal Organization issued by the United States Coast Guard. If a letter of classification has not been issued at the time of application, the applicant shall submit a certified copy of the letter of classification upon its receipt.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 9/25/93, Register 127; am 3/28/96, Register 137

18 AAC 75.531 Registration application contents for streamlined plan cleanup contractors

An application submitted under 18 AAC 75.521 must include the following information:

(1) the applicant's name, address, and telephone number, and any facsimile number;

(2) a current list of streamlined plans that rely on the contracted services of the applicant and

(A) the number of nontank vessels covered by those plans, and the largest vessel response planning standard volume;

(B) the number of noncrude oil tank vessels and barges that have a storage capacity of less than 500 barrels covered by those plans, and the largest vessel response planning standard volume;

(3) the classification under 18 AAC 75.561(b)(1), Table F, for which application is made; the classification must correspond to the response planning standard volume specified under (2) of this section;

(4) each region of operation for which application is made; the applicant's equipment required under 18 AAC 75.561(b)(1), Table F, must be available for use by a plan holder in each region of operation for which application is made;

(5) a current inventory of equipment, and description of personnel and other resources, demonstrating that the applicant meets or exceeds the requirements of 18 AAC 75.561 for each classification for which application is made;

(6) the location of personnel and equipment required under 18 AAC 75.561(b)(1), Table F;

(7) a description of previous oil spill response activities and a history of compliance with state and federal environmental laws;

(8) a statement, signed by the contractor, that each contract or membership agreement will obligate the contractor to

(A) respond upon notification by the plan holder or response planning facilitator, as applicable;

(B) notify the plan holder or response planning facilitator, as applicable, immediately if the contractor cannot carry out the services specified in the contract, membership agreement, or streamlined plan;

(C) give written notice at least 30 days before terminating the contract or membership agreement with the plan holder or the response planning facilitator, as applicable; and

(D) in accordance with industry standards, maintain the equipment and other spill response resources listed in the application in a state of readiness;

(9) a certification, under penalty of unsworn falsification in violation of AS 11.56.210, that the statements made in the application are correct to the best of the applicant's knowledge;

(10) an acknowledgment that knowingly providing false information, or a demonstrated inability to perform the services described in the application, may result in the revocation of registration.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.532 Registration application contents for streamlined plan incident management teams

An application submitted under 18 AAC 75.522 must include the following information:

(1) the applicant's name, address, and telephone number, and any facsimile number;

(2) a current list of streamlined plans that rely on the contracted services of the applicant and

(A) the number of nontank vessels covered by those plans, and the largest vessel response planning standard volume;

(B) the number of noncrude oil tank vessels and barges that have a storage capacity of less than 500 barrels covered by those plans, and the largest vessel response planning standard volume;

(3) the classification under 18 AAC 75.562(b), Table G, for which application is made; the classification must correspond to the response planning standard volume specified under (2) of this section;

(4) each region of operation for which application is made; the personnel required under 18 AAC 75.562(b), Table G, must be available for use by a plan holder in each region of operation for which application is made;

(5) a list of identified personnel required by 18 AAC 75.562(b), Table G, for each classification for which application is made; the list must

(A) provide the individual's name, emergency contact information, training, and experience;

(B) demonstrate that the applicant meets or exceeds the requirements of 18 AAC 75.562 for each classification for which application is made; and

(6) the location of identified personnel listed under (5) of this section, and the location of other resources;

(7) a description of previous oil spill response activities and a history of compliance with state and federal environmental laws;

(8) a list of the sources of available personnel required by 18 AAC 75.562(b), Table G, for each classification for which application is made; the list need not identify available personnel by name; however, the list must describe additional personnel resources available through contract or other means, and must describe the experience and training, location, and approximate timeframes for mobilization of those personnel resources, up to and including the maximum number of available personnel;

(9) a statement, signed by the contractor, that each contract will obligate the contractor to

(A) respond upon notification by the plan holder or response planning facilitator, as applicable;

(B) notify the plan holder or response planning facilitator, as applicable, immediately if the contractor cannot carry out the services specified in the contract or streamlined plan;

(C) give written notice at least 30 days before terminating the contract with the plan holder or the response planning facilitator, as applicable; and

(D) in accordance with industry standards, maintain the spill response resources listed in the application in a state of readiness;

(10) a certification, under penalty of unsworn falsification in violation of AS 11.56.210, that the statements made in the application are correct to the best of the applicant's knowledge;

(11) an acknowledgment that knowingly providing false information, or a demonstrated inability to perform the services described in the application, may result in the revocation of registration.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.533 Registration application contents for response planning facilitators

An application submitted under 18 AAC 75.523 must include the following information:

(1) the applicant's name, address, and telephone number, and any facsimile number;

(2) the role of the response planning facilitator, as described in 18 AAC 75.428(a)(1) or (2);

(3) as applicable under 18 AAC 75.428(a)(2), a current list of streamlined plan cleanup contractors with which the applicant has a contract, or of which the applicant is a member, and a statement, signed by the response planning facilitator and each cleanup contractor, that the cleanup contractor will respond on behalf of a plan holder who enters into a contract or membership agreement with the response planning facilitator to meet the requirements of 18 AAC 75.400 - 18 AAC 75.496;

(4) as applicable under 18 AAC 75.428(a)(2), a current list of each streamlined plan incident management team with which the applicant has a contract, and a statement, signed by the response planning facilitator and each incident management team, that the incident management team will respond on behalf of a plan holder who enters into a contract with the response planning facilitator to meet the requirements of 18 AAC 75.400 - 18 AAC 75.496;

(5) as applicable under 18 AAC 75.428(a)(2), a current list of each streamlined plan in which the applicant is identified as the contracted response planning facilitator and

(A) the number of nontank vessels covered by each of those plans, each region of operation of each vessel covered by each plan, and the largest vessel response planning standard volume for each plan;

(B) the number of noncrude oil tank vessels and barges that have a storage capacity of less than 500 barrels covered by each of those plans, each region of operation of each vessel covered by each plan, and the largest vessel response planning standard volume for each plan;

(6) as applicable under 18 AAC 75.428(a)(2), a statement, signed by the response planning facilitator, that each contract will obligate the response planning facilitator to

(A) activate the appropriate response resources if a discharge occurs;

(B) notify the plan holder immediately if the response planning facilitator cannot carry out the obligations specified in the contract; and

(7) a certification, under penalty of unsworn falsification in violation of AS 11.56.210, that the statements made in the application are correct to the best of the applicant's knowledge;

(8) an acknowledgment that knowingly providing false information, or a demonstrated inability to maintain the appropriate response planning facilitation services listed in the application, may result in the revocation of registration.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.540 Registration and renewal fees

(a) The following fees are established for registration of oil spill primary response action contractors, except as provided in (b)-(e) of this section, and must be submitted with the appropriate application:

(1) for initial application, $500;

(2) for renewal, $100.

(b) The department will charge a $500 fee for registration of streamlined plan cleanup contractors under 18 AAC 75.531.

(c) The department will charge a $500 fee for registration of streamlined plan incident management teams under 18 AAC 75.532.

(d) The department will charge a $100 fee for registration of response planning facilitators under 18 AAC 75.533.

(e) The department will not charge an additional fee for adding or deleting a region of operation to an existing registration under (b) or (c) of this section.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070
Eff. 9/25/93, Register 127; am 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.550 Application review procedures for oil spill primary response action contractors

(a) After receipt of an application for registration or renewal as an oil spill primary response action contractor, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the need for additional information. The department will review each complete application and issue a decision.

(b) The department will approve an application for oil spill primary response action contractor registration or renewal of registration if the applicant meets the application requirements of 18 AAC 75.510 - 18 AAC 75.540 and the minimum registration standards of 18 AAC 75.560.

(c) After completing the review, the department will notify the applicant that the application for registration or renewal of registration has been approved or denied. If the application is approved, the department will include a registration certificate describing the conditions of approval, the date registration will expire, and each region of operation identified in 18 AAC 75.530(a)(2) for which the applicant is registered. If the application is denied, the department will explain the basis for the denial and include a list of corrective actions that would be required for the applicant to obtain approval of registration or renewal.

(d) Not later than 10 days after receiving an adverse decision under (c) of this section, the applicant may request an informal review of the decision by submitting a request to the division director under 18 AAC 15.185 or may request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act) by submitting a request for hearing to the commissioner. Upon receipt of a timely request for an adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.

(e) Repealed 7/11/2002.

(f) Repealed 7/11/2002.

(g) Repealed 7/11/2002.

(h) Repealed 7/11/2002.

(i) Repealed 7/11/2002.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 9/25/93, Register 127; am 3/28/96, Register 137; am 7/11/2002, Register 163; am 11/5/2017, Register 224

18 AAC 75.551 Application review procedures for streamlined plan cleanup contractors

(a) After receipt of an application for registration as a streamlined plan cleanup contractor under 18 AAC 75.521, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the need for additional information within 10 working days after receipt of the application. The department will review each complete application and issue a decision not later than 30 days after the department determines that the application is complete.

(b) The department will approve an application for a streamlined plan cleanup contractor registration for the classification for which the application is made if the applicant meets the application requirements of 18 AAC 75.521 and 18 AAC 75.531 and the minimum registration standards of 18 AAC 75.561.

(c) After completing the review, the department will notify the applicant that the application for registration has been approved or denied. If the application is approved, the department will include a registration certificate describing the conditions of approval, and listing the classifications identified in 18 AAC 75.531(3) and regions of operation identified in 18 AAC 75.531(4) for which the applicant is registered. If the application is denied, the department will explain the basis for the denial and include a list of corrective actions that would be required for the applicant to obtain approval of registration.

(d) Not later than 10 days after receiving an adverse decision under (c) of this section, the applicant may request an informal review of the decision under 18 AAC 15.185 by submitting a request to the director of the division assigned to spill prevention and response within the department or request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act) by submitting a request to the commissioner. Upon receipt of a timely request for adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.

(e) Repealed 11/5/2017.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/5/2017, Register 224; am 11/7/2020, Register 236

18 AAC 75.552 Application review procedures for streamlined plan incident management teams

(a) After receipt of an application for registration as an incident management team under 18 AAC 75.522, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the need for additional information within 10 working days after receipt of the application. The department will review each complete application and issue a decision within 30 days after the department determines that the application is complete.

(b) The department will approve an application for streamlined plan incident management team registration if the applicant meets the application requirements of 18 AAC 75.522 and 18 AAC 75.532 and the minimum registration standards of 18 AAC 75.562.

(c) After completing the review, the department will notify the applicant that the application for registration has been approved or denied. If the application is approved, the department will include a registration certificate describing the conditions of approval, and listing the classifications identified in 18 AAC 75.532(3) and regions of operation identified in 18 AAC 75.532(4) for which the applicant is registered. If the application is denied, the department will explain the basis for the denial and include a list of corrective actions that would be required for the applicant to obtain approval of registration.

(e) Repealed 11/5/2017.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/5/2017, Register 224; am 11/7/2020, Register 236

18 AAC 75.553 Application review procedures for response planning facilitators

(a) After receipt of an application for registration as a response planning facilitator under 18 AAC 75.523, the department will determine whether the application is complete. If the department finds that an application is incomplete, the applicant will be notified of the need for additional information within 10 working days after receipt of the application. The department will review each complete application and issue a decision within 30 days after the department determines that the application is complete.

(b) The department will approve an application for a response planning facilitator registration if the applicant meets the application requirements of 18 AAC 75.523 and 18 AAC 75.533, the minimum registration standards of 18 AAC 75.563, and, as applicable, the registration requirements of 18 AAC 75.428(a)(2).

(c) After completing the review, the department will notify the applicant that the application for registration has been approved or denied. If the application is approved, the department will include a registration certificate describing the conditions of approval. If the application is denied, the department will explain the basis for the denial and include a list of corrective actions that would be required for the applicant to obtain approval of registration.

(e) Repealed 11/5/2017.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/5/2017, Register 224

18 AAC 75.560 Minimum registration standards for oil spill primary response action contractors

(a) In addition to the requirements of (b) of this section, the minimum registration standards and verification requirements for an oil spill primary response action contractor listed in an approved oil discharge prevention and contingency plan are the oil discharge prevention and contingency plan requirements and the response planning standards set out in AS 46.04.030 and 18 AAC 75.428 - 18 AAC 75.495 that are applicable to a contractor listed in an approved oil discharge prevention and contingency plan.

(b) In addition to the requirements of (a) of this section, an oil spill primary response action contractor must be in compliance with the following minimum registration standards:

(1) repealed 3/28/96;

(2) the contractor shall maintain sufficient response preparedness to immediately initiate response efforts as described in the applicable contingency plan upon direction by the plan holder; response preparedness is subject to department verification through inspections and plan holder discharge exercises at any location for which the plan holder has listed the contractor in an approved oil discharge prevention and contingency plan as providing response resources;

(3) training of contractor personnel must comply with 18 AAC 75.451(i) and must include appropriate Occupational Safety and Health Administration Hazardous Operations training;

(4) professional response action standards and practices must be continuously maintained, and must include

(A) responding immediately upon direction by the plan holder;

(B) remaining in substantial compliance with applicable contracts;

(C) abiding by applicable permits and authorizations unless directed to proceed otherwise by the federal or state on-scene coordinator;

(D) maintaining a working knowledge of all applicable oil pollution statutes and regulations and pertinent provisions of each contingency plan in which that contractor is listed;

(E) maintaining a safe working environment and an acceptable safety history;

(F) notifying a plan holder within 24 hours after any significant change in the response preparedness referred to in (2) of this subsection, unless a 10-day pre-notice is required under 18 AAC 75.475(c); and

(G) notifying a plan holder and the department within five days after any change by the United States Coast Guard in classification as an Oil Spill Removal Organization under 18 AAC 75.530(b).

(c) No later than January 31 of each year, an oil spill primary response action contractor registered under this chapter shall provide to the department a complete list of oil discharge prevention and contingency plans in which that contractor has agreed in writing to be listed as a primary response action contractor.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 9/25/93, Register 127; am 3/28/96, Register 137; am 2/5/2023, Register 245

18 AAC 75.561 Minimum registration standards for streamlined plan cleanup contractors

(a) The minimum registration standards for streamlined plan cleanup contractors are set out in (b) - (f) of this section.

(b) Response equipment maintained by, or available under contract to the contractor must meet the following conditions:

(1) at a minimum, response equipment must meet the requirements set out in Table F of this paragraph for the classification for which the applicant is approved;

TABLE F. MINIMUM REGISTRATION STANDARDS

FOR STREAMLINED PLAN CLEANUP

CONTRACTORS1

Classification A: Maximum Individual Nontank Vessel Fuel Capacity Or Fuel Volume

To Be

Carried, As Identified Under 18 AAC 75.441, Up To And Including 15,000 Barrels Required Equipment Type Minimum Equipment Requirement boom23,000 feet or 3 times the length of the largest vessel, whichever is greaterskimmer32 or more skimmers, 900 barrels per day totalcleaning kit42 kitsstorage capacity5900 barrels of oil plus all associated waterpersonnel68 individualsworkboats74 workboatshazing kit82 kitsradios95 radios

Classification B: Maximum Individual Nontank Vessel Fuel Capacity Or Fuel Volume

To Be

Carried, As Identified Under 18 AAC 75.441, Greater Than 15,000 Barrels, Up To And

Including 30,000 Barrels Required Equipment Type Minimum Equipment Requirement boom23,000 feet or 3 times the length of the largest vessel, whichever is greaterskimmer32 or more skimmers, 1,800 barrels per day totalcleaning kit42 kitsstorage capacity51,800 barrels of oil plus all associated waterpersonnel68 individualsworkboats74 workboatshazing kit82 kitsradios95 radios

Classification C: Maximum Individual Nontank Vessel Fuel Capacity Or Fuel Volume

To Be

Carried, As Identified Under 18 AAC 75.441, Greater Than 30,000 Barrels Required Equipment Type Minimum Equipment Requirement boom23,000 feet or 3 times the length of the largest vessel, whichever is greaterskimmer32 or more skimmers, 2,700 barrels per day total, or 1/5 of the response planning standard oil volume of the largest vessel, whichever is greatestcleaning kit42 kitsstorage capacity52,700 barrels of oil plus all associated water, or 1/5 of the response planning standard oil volume of the largest vessel, whichever is greatestpersonnel610 individualsworkboats74 workboatshazing kit82 kitsradios95 radios

Classification D: A Noncrude Oil Tank Or Barge That Has A Storage Capacity Less

Than 500 Barrels Required Equipment Type Minimum Equipment Requirement boom2500 feet or three times the length of the largest vessel, whichever is greaterskimmer3At least one oleophilic skimmer, 37.5 barrels a day totalcleaning kit41 kitstorage capacity575 barrels of oil, plus 300 barrels of waterpersonnel68 individualsworkboats72 workboatshazing kit82 kitsradios95 radios

Notes to Table F: 1This table sets out minimum registration standards, not performance standards; during an incident, equipment must be mobilized in an amount and of a type appropriate to the actual circumstances of that incident. 2The type of boom must be based on an assumed maximum sea state of three feet; listed quantities of boom must be available in each region of operation. 3Skimmer capacity must meet or exceed the response planning standard volume for the predominant type of fuel, whether persistent product or nonpersistent product, carried by each vessel covered under a plan; skimmer capacity must be calculated based on a derated capacity corresponding to actual anticipated performance rather than manufacturer rated capacity, and may not include associated water; skimmers must be in the region of operation or capable of being deployed in the region of operation within 24 hours. 4Cleaning kits must be in the region of operation or available within 24 hours; cleaning kits must include, at a minimum,a. 2,500 feet of sorbent boom and 1,000 nine-ounce minimum sorbent pads for recovery of nonpersistent product;b. for Classifications A, B, and C, 2,500 feet of viscous, sweep, or similar material for recovery of persistent product;c. 12 fence posts;d. one fence post driver;e 500 feet of rope;f 10 anchor, buoy, and line systems sized to the containment boom and designed to work in 100 feet of water;g 12 pitchforks;h 12 rakes;i. 12 pointed shovels;j. 12 flat shovels;k. two bundles of survey stakes or two rolls of survey tape;l.12 rolls of barrier tape;m. 250 waste bags, each at least 6 mils thick;n. 300 bag ties;o. three rolls of 100-foot x 24-foot plastic sheeting, at least six mils thick; andp. 12 rolls of duct tape. 5Storage capacity must be in the region of operation or available within 24 hours, and be capable of handling the specified amount of fuel and all associated water recovered in one day; the daily storage handling capacity must be calculated based on a five-day cleanup of the entire response planning standard volume; the amount of storage needed for associated water must be based on skimmer capacity; skimmer capacity must be calculated based on a derated capacity corresponding to actual anticipated performance rather than manufacturer rated capacity. 6Personnel numbers are based on the minimum number necessary to deploy boom using skiffs; personnel do not include incident management personnel. 7Workboats must be of appropriate size and horsepower for towing up to 500-foot sections of boom; listed quantities must be available in each region of operation. 8Hazing kits must be in the region of operation or available within 24 hours; hazing kits must include, at a minimum,a.10 rolls of mylar tape;b.20 mylar balloons;c.30 pounds of towels or rags;d.gloves;e.binoculars;f.a field guide to birds of this state;g.an air horn;h.three predator silhouettes; andi.strapping tape. 9Radios must be in the region of operation or available within 24 hours; a minimum of five radios is required unless the contractor has more than 10 personnel; if the contractor has more than 10 personnel, the number of radios must equal at least one-half of the number of personnel.

(2) types and amounts of recovery devices, boom, boom connectors, and anchoring systems must be of the appropriate design for the particular oil product and type of environment, and capable of operation in wave heights of up to three feet; and

(3) vessels used to deploy and tow boom must be of a number, size, and power adequate to deploy the types and amounts of boom addressed in (2) of this subsection, and must be capable of operating in the manner and at the speeds necessary for the effective use of boom.

(c) The streamlined plan cleanup contractor must demonstrate the ability to mobilize and deploy sufficient equipment to allow the commencement of containment, control, and cleanup activities in the region of operation within the shortest possible time, and the ability to deliver all equipment identified in Table F in (b)(1) of this section to the region of operation within 24 hours after notification of an incident.

(d) Streamlined plan cleanup contractor personnel must be trained and kept current in the specifics of equipment mobilization, deployment, and operation. Proof of training must be maintained for three years and made available to the department upon request.

(e) Professional response action standards and practices and a response action plan must be maintained, and must include

(1) responding immediately upon direction by the plan holder or incident management team;

(2) remaining in substantial compliance with each applicable contract;

(3) abiding by applicable permits and authorizations unless directed to proceed otherwise by the federal or state on-scene coordinator designated under 33 U.S.C. 1321 or AS 46.04.020;

(4) maintaining a working knowledge of all applicable oil pollution statutes and regulations and pertinent provisions of each streamlined plan in which that contractor is listed;

(5) maintaining a safe working environment and an acceptable safety history; and

(6) notifying the plan holder or response planning facilitator, as applicable, within 24 hours after any significant change in the contractor's

(A) equipment required by Table F in (b)(1) of this section; or

(B) response preparedness described in (c) of this section.

(f) No later than January 31 of each year, a streamlined plan cleanup contractor registered under this chapter shall provide to the department a complete list of plans for which that contractor has agreed in writing to be listed as a streamlined plan cleanup contractor for

(1) nontank vessels; and

(2) noncrude oil tank vessels or barges that have a storage capacity less than 500 barrels.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 9/4/2014, Register 211; am 11/7/2020, Register 236

18 AAC 75.562 Minimum registration standards for streamlined plan incident management teams

(a) The minimum registration standards for streamlined plan incident management teams are set out in (b) - (i) of this section.

(b) The streamlined plan incident management team shall, at a minimum, meet the registration requirements set out in Table G of this subsection.

TABLE G. MINIMUM PERSONNEL REQUIREMENTS

FOR STREAMLINED PLAN INCIDENT MANAGEMENT

TEAMS

Classification Personnel Requirements Identified Personnel1 Available Personnel2 Classification A: Maximum individual nontank vessel fuel capacity, or fuel volume to be carried, as identified under 18 AAC 75.441, up to and including 30,000 barrels12 individuals, in the following capacities: 1 incident commander, and 1 alternate; 1 deputy incident commander, and 1 alternate; 1 planning section chief, and 1 alternate; 1 operations section chief, and 1 alternate; 1 logistics section chief, and 1 alternate; 1 finance section chief, and 1 alternate10 additional respondersClassification B: Maximum individual nontank vessel fuel capacity, or fuel volume to be carried, as identified under 18 AAC 75.441, greater than 30,000 barrels10 individuals, in the following capacities: 1 incident commander, and 1 alternate; 1 deputy incident commander, and 1 alternate; 1 planning section chief, and 1 alternate; 1 operations section chief, and 1 alternate; 1 logistics section chief, and 1 alternate; 1 finance section chief, and 1 alternate15 additional respondersClassification C: Noncrude oil tank vessel or oil barge that has a storage capacity less than 500 barrels6 individuals, in the following capacities: 1 incident commander; 1 deputy incident commander; 1 planning section chief; 1 operations section chief; 1 logistics section chief; 1 finance section chief5 additional responders

Notes to Table G:

1 "Identified personnel" means individuals who must be identified under 18 AAC 75.532(5) in the application for registration.

2 "Available personnel" means individuals who need not be identified by name, but for whom the information required by 18 AAC 75.532(8) must be provided.

(c) The streamlined plan incident management team shall demonstrate the ability to mobilize and position the personnel required in Table G in (b) of this section according to the following schedule, as applicable:

(1) the incident commander and that individual's alternate must be

(A) available at all times within two hours after initial notification of an incident to begin to establish, direct, and manage an incident command system organization; these functions may be performed by a qualified individual identified by the plan holder in accordance with 18 AAC 75.426(4); these functions may be performed other than in person at the outset;

(B) capable of arriving in each region for which application is made within six hours after initial notification of an incident to continue to direct and manage the incident response;

(2) the deputy incident commander and that individual's alternate must be capable of arriving in each region for which application is made within six hours after the incident commander's initial notification of an incident to assist in directing and managing the incident response;

(3) the planning section chief, operations section chief, logistics section chief, and finance section chief, and the respective alternates for those individuals, must be capable of arriving in each region for which application is made within 12 hours after the incident commander's initial notification of an incident to perform relevant functions for the incident response;

(4) within 24 hours after the incident commander's initial notification of an incident, at least

(A) five additional responders must be capable of arriving to assist in the incident response in each region of operation for which application is made, for a maximum individual vessel fuel capacity or fuel volume to be carried, as identified under 18 AAC 75.441, up to and including 30,000 barrels; and

(B) 10 additional responders must be capable of arriving to assist in the incident response in each region of operation for which application is made, for a maximum individual vessel fuel capacity or fuel volume to be carried, as identified under 18 AAC 75.441, greater than 30,000 barrels.

(5) personnel identified in Classification C of Table G are subject to the requirements of this subsection, except that alternates are not required.

(d) The requirements of Table G in (b) of this section and of (c) of this section set out minimum registration standards, not performance standards. During an incident, personnel must be mobilized in a number appropriate to the actual circumstances of that incident.

(e) Each incident commander and section chief, and the alternates for those individuals, must satisfy the following minimum training requirements:

(1) incident command system training appropriate to expected duties and tasks;

(2) Hazardous Waste Operations and Emergency Response Standards (HAZWOPER) certification under 29 C.F.R. 1910.120 with annual refreshers, appropriate to expected duties and tasks;

(3) familiarity with the plans prepared under 33 U.S.C. 1321(j)(4) and AS 46.04.200 - 46.04.210;

(4) familiarity with the oil discharge prevention and contingency plans or streamlined plans for which services are to be provided;

(5) personnel identified in Classification C of Table G are subject to the requirements of this subsection, except that alternates are not required.

(f) Proof of training required by (e) of this section must be maintained for three years and made available to the department upon request.

(g) The streamlined plan incident management team must be capable of establishing and equipping an incident command post appropriate to the needs of an incident response and capable of facilitating the effective organization and direction of response activities.

(h) Professional response action standards and practices must be maintained and must include

(1) immediate response upon direction by the plan holder or the federal or state on-scene coordinator designated under 33 U.S.C. 1321 or AS 46.04.020;

(2) remaining in substantial compliance with applicable contracts;

(3) abiding by applicable permits and authorizations unless directed to proceed otherwise by the federal or state on-scene coordinator designated under 33 U.S.C. 1321 or AS 46.04.020;

(4) maintaining a working knowledge of all applicable oil pollution statutes and regulations and pertinent provisions of each streamlined plan in which that contractor is listed;

(5) maintaining a safe working environment and an acceptable safety history; and

(6) notifying the plan holder or response planning facilitator, as applicable, within 24 hours after any significant change in the response preparedness described in Table G in (b) of this section and in (c) of this section.

(i) Not later than January 31 of each year, a streamlined plan incident management team registered under this chapter shall provide to the department a complete list of streamlined plans in which that contractor has agreed in writing to be listed as a streamlined plan incident management team for

(1) nontank vessels; and

(2) noncrude oil tank vessels and barges that have a storage capacity of less than 500 barrels.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 12/13/2002, Register 164; am 3/23/2017, Register 221; am 11/7/2020, Register 236

18 AAC 75.563 Minimum registration standards for response planning facilitators

(a) As applicable under 18 AAC 75.428(a)(2), a response planning facilitator shall maintain contracts with or membership in the streamlined cleanup contractors and incident management teams identified in 18 AAC 75.533(3) - (5).

(b) Professional response action standards and practices must be maintained, and must include

(1) remaining in substantial compliance with applicable contracts;

(2) maintaining a working knowledge of all applicable oil pollution statutes and regulations and pertinent provisions of each streamlined plan in which the response planning facilitator is listed;

(3) maintaining a safe working environment and an acceptable safety history; and

(4) notifying a plan holder and the department within 24 hours after any significant change in the response planning facilitator's ability to carry out its responsibilities under 18 AAC 75.428.

(c) Not later than January 31 of each year, a response planning facilitator registered under this chapter shall provide to the department a complete list of streamlined plans in which that contractor has agreed in writing to be listed as a response planning facilitator, and shall identify on that list the role of the response planning facilitator with regard to each plan as described in 18 AAC 75.428(a)(1) or (2) for

(1) nontank vessels; and

(2) noncrude oil tank vessels and barges that have a storage capacity of less than 500 barrels.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.565 Discharge exercises for streamlined plan contractors and incident management teams

(a) The department may conduct announced and unannounced discharge exercises to ensure that a streamlined plan cleanup contractor or incident management team is adequately prepared to act in the event of a spill. No more than two exercises will be required for a streamlined plan cleanup contractor in each 12-month period. The department will consider other required discharge exercises conducted by the streamlined plan cleanup contractor in meeting this requirement. No more than two discharge exercises will be required for a streamlined plan incident management team in each 12-month period.

(b) The performance of a streamlined plan cleanup contractor or incident management team during a discharge exercise will be considered inadequate if the streamlined plan cleanup contractor or incident management team does not respond in a manner consistent with the minimum registration standards of 18 AAC 75.561 and 18 AAC 75.562, as applicable.

(c) If the performance of a streamlined plan cleanup contractor or incident management team during a discharge exercise is considered inadequate under (b) in this section, the department may

(1) require additional exercises until the department is satisfied that the performance of the contractor is adequate; or

(2) take enforcement action as described in 18 AAC 75.570.

(d) The department will consider a regularly scheduled training exercise initiated by a streamlined plan cleanup contractor or incident management team as a discharge exercise if the department monitors, evaluates, or participates in the exercise and concurs that it is equivalent to a discharge exercise conducted by the department. A streamlined plan cleanup contractor or incident management team shall notify the department in advance of the exercise and shall provide an opportunity for a department representative to be present and participate.

(e) The department will conduct announced or unannounced discharge exercises appropriate to the current status of operations of the streamlined plan cleanup contractor or incident management team and the participation of the streamlined plan cleanup contractor or incident management team in other discharge exercises or response actions.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 11/27/2002, Register 164; am 11/7/2020, Register 236

18 AAC 75.570 Failure to comply

(a) If the department determines that an oil spill primary response action contractor, streamlined plan cleanup contractor, incident management team, or response planning facilitator has failed to meet or maintain a minimum registration standard identified in 18 AAC 75.560 - 18 AAC 75.570, the department may revoke, suspend, or modify the

(1) contractor's registration; and

(2) department's approval of the oil discharge prevention and contingency plan in which that contractor is listed as an oil spill primary response action contractor or the streamlined plan in which that contractor is listed as a streamlined plan cleanup contractor, streamlined plan incident management team, or response planning facilitator.

(b) A person who is aggrieved by a department decision under (a) of this section may request an informal review of that decision under 18 AAC 15.185 by submitting a request to the director of the division assigned to spill prevention and response within the department, or may request an adjudicatory hearing under AS 44.62 (Administrative Procedure Act) by submitting a request to the commissioner. Upon receipt of a timely request for adjudicatory hearing, the commissioner will refer the matter to the office of administrative hearings (AS 44.64.010) for a hearing and recommended decision under 2 AAC 64.100 - 2 AAC 64.990 to the commissioner or to the commissioner's designee if the designee is a person other than the person who issued the contested decision.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 9/25/93, Register 127; am 7/11/2002, Register 163; am 11/27/2002, Register 164; am 11/5/2017, Register 224; am 11/7/2020, Register 236

18 AAC 75.580 Voluntary termination of registration

Unless the department has taken action under 18 AAC 75.570 for failure to comply, a registered oil spill primary response action contractor, streamlined plan cleanup contractor, streamlined plan incident management team, or response planning facilitator may ask the department to terminate registration and to remove that contractor's name from the list required by AS 46.04.035(e). A request under this section must be in writing and must be sent to all affected plan holders by certified mail. After the receipt of proof that all affected plan holders have been notified, the request must be submitted to the department with the certificate of registration and proof that all affected plan holders were notified. A request under this section becomes effective on the 30th day after the department receives it as provided in 18 AAC 75.451(i)(1)(D), 18 AAC 75.531(8)(C), 18 AAC 75.532(9)(C), and 18 AAC 75.533(6)(C), as applicable.

History

Authority: AS 46.03.020; AS 46.04.035; AS 46.04.070 AS 46.04.030; AS 46.04.055
Eff. 3/28/96, Register 137; am 11/27/2002, Register 164; am 3/23/2017, Register 221; am 11/7/2020, Register 236; am 2/5/2023, Register 245

Article 6 Civil Penalties for Discharge of Petroleum and Petroleum Products and Byproducts

18 AAC 75.605 Applicability

18 AAC 75.605 - 18 AAC 75.670 establish a schedule of civil penalties under AS 46.03.758 for the discharge of petroleum and petroleum products and byproducts, other than crude oil. The schedule of civil penalties does not apply to a discharge that is specifically made subject to the provisions of AS 46.03.760(a).

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122

18 AAC 75.610 Freshwater environments

(a) For the purposes of AS 46.03.758(b)(1)(A), freshwater environments with significant aquatic resources are classified as follows:

(1) Critical freshwater environments include

(A) surface and subsurface water supplies that are currently being used or may reasonably be expected to be used sometime in the future as a drinking water source based on

(i) water quality characteristics;

(ii) technical feasibility of utilizing the water source; and

(iii) population growth trends in the immediate area;

(B) rivers, lakes, and streams designated under AS 16.05.871(a) as important for the spawning, rearing, or migration of anadromous fish, and the water of lakes, streams, and rivers that flows or empties into those designated waters;

(C) lakes, streams, rivers, and freshwater wetlands within the boundaries of land administered under the National Wildlife Refuge System, and the water of lakes, streams, and rivers that flows or empties into those waters;

(D) lakes, streams, rivers, and freshwater wetlands within the boundaries of game reserve areas, refuges, critical habitat areas, and sanctuaries established under AS 16.05.255(1) or AS 16.20, and the water of lakes, streams, and rivers that flows or empties into those waters; and

(E) lakes, streams, rivers, and freshwater wetlands within the boundaries of fish reserve areas, refuges, critical habitat areas, and sanctuaries established under AS 16.05.251(1) or AS 16.20, and the water of lakes, streams, and rivers that flows or empties into those waters; and

(2) Sensitive freshwater environments include

(A) lakes other than those classified in (1) of this subsection;

(B) freshwater wetlands other than those classified in (1) of this subsection; and

(b) For purposes of AS 46.03.758(b)(1)(C), all freshwater of the state that is not classified in (a) of this section is classified as "without significant aquatic resources."

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122; am 1/30/2003, Register 165

18 AAC 75.620 Marine environments

(a) For the purposes of AS 46.03.758(b)(1)(B), estuarine, intertidal, and saltwater environments are classified as follows:

(1) Critical marine environments include

(A) marine water within the boundaries of state game refuges established under AS 16.05.255(1) or AS 16.20;

(B) marine water within the boundaries of fish and game critical habitats established under AS 16.20;

(C) marine water within the boundaries of marine sanctuaries established under 16 U.S.C. 1431 - 16 U.S.C. 1445, as amended through July 1, 1991;

(D) marine water within the boundaries of areas administered under the National Wildlife Refuge System;

(E) marine water within one statute mile of the mouth of waters designated under AS 16.05.871(a) as important for the spawning, rearing, or migration of anadromous fish;

(F) marine water within one statute mile of a seabird colony or marine mammal rookery or hauling ground identified by the Alaska Department of Fish and Game under AS 16.20;

(G) high density sea otter habitat identified by the Alaska Department of Fish and Game under AS 16.20; and

(H) marine water within the barrier island-lagoon ecosystems extending from the Colville River to Canning River, and seaward of the Copper River delta; and

(2) Sensitive marine environments include

(A) the inside waters of Southeast Alaska not otherwise classified in (1) of this subsection;

(B) saltwater wetlands and other intertidal and estuarine areas not otherwise classified in (1) of this subsection;

(C) Prince William Sound, and the bays, arms, fjords, ports, and other inside marine waters of Prince William Sound not otherwise classified in (1) of this subsection; and

(D) all marine water within 10 statute miles of any point of those waters designated in (1) of this subsection.

(b) For the purposes of AS 46.03.758(b)(1)(C), marine water that is not classified in (a) of this section is classified as "without significant aquatic resources."

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122

18 AAC 75.630 Public land environments

(a) For the purposes of AS 46.03.758(b)(1)(C), public land is classified as follows:

(1) Critical terrestrial environments include

(A) state game reserve areas, refuges, and sanctuaries established under AS 16.05.255(1) or AS 16.020;

(B) state parks, campgrounds, and waysides;

(D) national parks, preserves, wilderness areas, monuments, recreation areas or other National Park System units, and lands administered under the National Wildlife Refuge System;

(E) established campgrounds, scenic waysides, and picnic areas; and

(F) national historical landmarks;

(2) Very sensitive terrestrial environments include

(A) land administered under the National Forest System not otherwise classified in (1) of this subsection;

(B) land underlain with continuous permafrost not otherwise classified in (1) of this subsection; and

(3) Sensitive terrestrial environments include land other than that classified in (1) or (2) of this subsection upon which continuous natural terrestrial vegetation cover is present.

(b) For the purposes of AS 46.03.758(b)(1)(C), all public land not classified in (a) of this section is classified as "without significant terrestrial environmental resources."

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122

18 AAC 75.640 Toxicity of petroleum and petroleum products and byproducts

For the purposes of AS 46.03.758(d), the toxicity of petroleum and petroleum products and byproducts is as follows:

(1) highly toxic:

(A) numbers 1, 2, and Arctic diesel fuel and heating oil;

(B) jet aviation fuels A and B;

(D) kerosene; and

(E) stationary turbine fuels;

(2) moderately toxic:

(A) waste oil and waste oil mixtures;

(B) lubricating oil; and

(3) less toxic:

(A) bunker and residual fuel oils; and

(B) hydraulic fluids; and

(4) relatively nontoxic:

(A) asphalts;

(B) tars; and

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122

18 AAC 75.650 Degradability of petroleum and petroleum products and byproducts

For the purposes of AS 46.03.758(d), the degradability of petroleum and petroleum products and byproducts is as follows:

(1) low degradability:

(A) asphalt;

(B) tar;

(D) other petroleum and petroleum products and byproducts not otherwise listed in (2) or (3) of this section;

(2) moderate degradability:

(A) hydraulic fluids;

(B) lubricating oil; and

(3) high degradability:

(A) motor gasoline, including aviation gasoline;

(B) numbers 1, 2, and Arctic diesel fuel and heating oil;

(D) kerosene.

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122

18 AAC 75.660 Dispersibility of petroleum and petroleum products and byproducts

For the purposes of AS 46.03.758(d), the dispersibility of petroleum and petroleum products and byproducts is as follows:

(1) highly dispersible:

(A) motor gasoline, including aviation gasoline;

(B) all jet fuels;

(D) numbers 1, 2, and Arctic diesel fuel and heating oil;

(E) hydraulic fluids; and

(F) stationary turbine fuels;

(2) moderately dispersible:

(A) emulsified oil mixtures;

(B) lubricating oils; and

(3) low dispersibility:

(A) bunker and residual fuel oils;

(B) asphalts;

(D) other petroleum and petroleum products and byproducts not otherwise listed in (1) or (2) of this section.

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122

18 AAC 75.670 Schedule of civil penalties

The schedule of civil penalties for which a person may be held liable under AS 46.03.758(e) is established as follows:

(1) The base civil penalty for a discharge into a receiving environment is as follows:

Receiving Environment Freshwater Marine Public

Land Critical environments$10.00$2.50$1.00Very sensitive environmentsN/AN/A$0.95Sensitive environments$9.00$2.25$0.90Environments without

significant resources$1.00$1.00$0.70

(2) Toxicity, degradability, and dispersibility factors are as follows:

Factor (A)toxicity (i)highly toxic1.0(ii)moderately toxic0.75(iii)less toxic0.50(iv)relatively nontoxic0.25(B)degradability (i)low degradability1.0(ii)moderate degradability0.50(iii)high degradability0.25(C)dispersibility (i)high dispersibility0.15(ii)moderate dispersibility0.50(iii)low dispersibility1.0

(3) The net civil penalty that will be assessed per gallon of oil discharged is calculated by multiplying the base penalty established in (1) of this section by the arithmetic mean of the factors established in (2) of this section. If a portion of the oil enters more than one receiving environment, the civil penalty will be based upon the most sensitive receiving environment which that portion enters.

History

Authority: AS 46.03.020; AS 46.03.758
Eff. 5/14/92, Register 122; am 1/30/2003, Register 165

Article 7 Surface Oiling

18 AAC 75.700 Surface oiling permit

(a) No person may discharge, cause to be discharged, or permit the discharge of oil, asphalt, bitumen, or a residuary product of petroleum onto the land of the state unless that person has been issued a surface oiling permit under 18 AAC 75.730.

(b) An application for a surface oiling permit

(1) is subject to the requirements of 18 AAC 15;

(2) must be made on forms supplied by the department; and

(3) must contain information considered necessary by the department.

(c) A person who proposes to stabilize soil with the application of asphalt emulsions, tars, asphaltic oils, cutback asphalts, oils, or other residuary petroleum product, without immediately applying a blotter or cover coat of aggregate, is not exempt from the surface oiling permit requirements of this chapter.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

18 AAC 75.710 Exemption from surface oiling permit

A person who proposes to construct one or more of the following types of surfaces is not required to obtain a surface oiling permit under this chapter, but shall ensure that construction of the surface does not result in pollution of land or waters of the state:

(1) a bituminous treatment surface that includes a surface constructed by sweeping the surface, applying a priming material, applying a bituminous body coat, and spreading a blotter or cover of mineral aggregate;

(2) a road-mix bituminous surface for which the mineral aggregate and the bituminous material are mixed directly in the surface;

(3) a plant-mixed bituminous surface for which the mineral aggregate and the bituminous material are thoroughly mixed at a suitable plant and then deposited on the surface;

(4) a bituminous macadam surface with a wearing course composed of broken stone aggregate of relatively coarse size and a bituminous material that is forced by penetration into the interstices of the stone after the stone has been compacted on the base; and

(5) a bituminous concrete or sheet asphalt surface with a wearing course composed of a bituminous mixture prepared in a stationary plant under close control of temperature, moisture content, and mixture composition.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

18 AAC 75.720 Prohibitions

(a) The use of oil for surface oiling or as a dust suppressant is prohibited if the oil contains any of the following components in the concentrations indicated:

(1) polychlorinated biphenyls (PCBs) in any detectable concentration;

(2) total volatile aromatics in 5000 parts per million by weight or greater;

(3) total halogenated volatile organics in 100 parts per million by weight or greater; or

(4) lead in 300 parts per million by weight or greater.

(b) The department will, in its discretion, require analysis of oil for a component listed in (a) of this section, using methods prescribed on the surface oiling permit application form.

History

Authority: AS 46.03.020; AS 46.03.299 AS 46.03.296; AS 46.03.740
Eff. 5/14/92, Register 122

18 AAC 75.730 Decision on application for surface oiling permit; permit term and conditions

(a) The department will, in its discretion, grant or deny an application submitted under 18 AAC 75.700. The department will consider the following criteria before issuing a decision under this section:

(1) the potential for pollution of adjacent waters, including groundwater;

(2) the potential for pollution of vegetation;

(3) the need for the oiling, including local public opinion, and considerations of air quality as addressed by 18 AAC 50;

(4) the predicted weather conditions for the time of the oiling; and

(5) effects on the environment.

(b) In addition to the specific terms and conditions set out in the permit, a surface oiling permit is subject to the following terms and conditions:

(1) oil or other petroleum-derived dust retardants may not be applied to wet surfaces, frozen surfaces, or snow-covered surfaces; however, oil or other petroleum-derived dust retardants may be applied to a damp surface if deliberate dampening of the surface is part of the normal oiling procedure;

(2) oil or other petroleum-derived dust retardants may be applied only in the minimum amounts necessary and may not be allowed to stand in ponds on the surface;

(3) there may be no run-off of oil or other petroleum-derived dust retardants from the surface receiving the application;

(4) oil or other petroleum-derived dust retardants may not be applied to any surface during precipitation or when precipitation is imminent;

(5) there must be equipment such as brooms and mops on the job to prevent oily run-off and to spread any ponded oil or other petroleum derived dust retardants;

(6) unless specifically allowed in the permit, in order to avoid drifting of droplets to adjacent vegetation and property, oil or other petroleum-derived dust retardants may not be applied if local wind speed is 15 miles per hour or greater;

(7) the permittee shall inspect immediately the freshly-treated surface for oily run-off and ponding of oil or other petroleum-derived dust retardants;

(8) to avoid offensive odors, only nonodorous oils and other petroleum-derived dust retardants may be used on surfaces near residential areas or on surfaces that receive considerable pedestrian traffic; odorous oils may be used only on rural surfaces where the odor is less likely to be noticeable and pedestrian traffic is minimal; and

(9) no oil or other petroleum-derived dust retardants may be allowed to enter state waters or to enter upon private property.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

Article 8 Oil Discharge for Scientific Purposes

18 AAC 75.800 Permit for oil discharge for scientific purposes

Notwithstanding 18 AAC 70.020, 18 AAC 72.010, and 18 AAC 75.700 - 18 AAC 75.730, the department will, in its discretion, issue a permit for the discharge of oil, asphalt, bitumen, or a residuary product of petroleum onto the land or into state waters for research and scientific purposes. The department will issue a permit under this section only after it has evaluated the proposed project and found that

(1) the benefits from the information that will be developed outweigh the potential environmental damage that might result;

(2) the project has the written approval of all potentially affected landowners and persons with appropriated water rights for the water to be affected;

(3) the person proposing the project will, upon completion of the project, restore the environment affected by the project to a condition as near to the original condition as feasible;

(4) the person proposing the project has sufficient expertise and resources to conduct the project in a responsible manner; and

(5) the proposed project is otherwise in the public interest.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

18 AAC 75.810 Permit procedures

(a) An application for a permit under 18 AAC 75.800 must be made on forms supplied by the department. The application must be sent to the department at least 60 days before the proposed discharge is to begin. The application must include

(1) the name, address, and telephone number of the applicant;

(2) a detailed description of the proposed project, including plans for restoration;

(3) a description of the geographical area involved; and

(4) a description of the expected flow pattern of any water to be affected by the project.

(b) The department will

(1) send a copy of a completed application received under this section to the departments of fish and game, natural resources, commerce and economic development, and health; and

(2) publish notice of the application as provided in 18 AAC 15.050.

(c) The department will attach terms and conditions to the permit which it finds are necessary to protect the environment and potentially affected property owners. A permit is further subject to the permittee's stipulation and agreement to

(1) modify activities if served with a notice under 18 AAC 75.820; or

(2) immediately cease all permitted activities if served with a notice to terminate under 18 AAC 75.830.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

18 AAC 75.820 Modification of permit

The department will, in its discretion, and after giving notice to the permittee, modify the terms and conditions of a permit issued under 18 AAC 75.810 if the department finds that modification is necessary to protect the environment.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

18 AAC 75.830 Termination of permit

The department will, in its discretion, and after giving notice to the permittee, terminate a permit issued under 18 AAC 75.810 if the department finds that

(1) the permit was obtained by misrepresentation of a material fact or by failure of the applicant to fully disclose the facts;

(2) there has been noncompliance with a term or condition of the permit; or

(3) based on information received after issuance of the permit, the permit should not have been granted.

History

Authority: AS 46.03.020; AS 46.03.740
Eff. 5/14/92, Register 122

Eff. 6/24/2017, Register 222; repealed 10/18/2023, Register 248

Authority: AS 46.03.020; AS 46.03.755; AS 46.04.055 AS 46.03.050; AS 46.03.822; AS 46.04.070 AS 46.03.710; AS 46.04.020; AS 46.08.140 AS 46.03.740; AS 46.04.030; AS 46.09.010 AS 46.03.745; AS 46.04.035; AS 46.09.020
Eff. 5/14/92, Register 122; am 9/25/93, Register 127; am 4/4/97, Register 142; am 4/11/97, Register 142; am 1/22/99, Register 149; am 8/27/2000, Register 155; am 10/28/2000, Register 156; am 11/27/2002, Register 164; am 12/14/2002, Register 164; am 1/30/2003, Register 165; am 8/8/2003, Register 167; am 5/26/2004, Register 170; am 12/30/2006, Register 180; am 10/9/2008, Register 188; am 4/8/2012, Register 202; am 9/4/2014, Register 211; am 6/17/2015, Register 214; am 4/16/2016, Register 218; am 11/6/2016, Register 220; am 3/23/2017, Register 221; am 7/1/2017, Register 222; am 9/29/2018, Register 227; am 11/7/2020, Register 236; am 11/18/2021, Register 240; am 2/5/2023, Register 245; am 6/1/2025, Register 254

Chapter 76 Alaska Clean Water and Drinking Water Revolving Loan Funds

Article 1 Alaska Clean Water Fund

18 AAC 76.005 Purpose

The regulations in 18 AAC 76.005 - 18 AAC 76.100 apply to financial assistance from the Alaska clean water fund, a federally-sponsored fund authorized by 33 U.S.C. 1381 - 33 U.S.C. 1387 (Title VI, Clean Water Act) and created by AS 46.03.032(a). Financial assistance from the Alaska clean water fund is available for the categories of projects listed in AS 46.03.032(d)(1).

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 11/19/88, Register 108; am 8/2/97, Register 143

18 AAC 76.010 Eligibility

(a) A municipality or other qualified entity under AS 46.03.032 may apply to the department for financial assistance from the Alaska clean water fund for a project described in AS 46.03.032.

(b) Repealed 8/2/97.

(1) eligible costs listed in (d) of this section, incurred after March 7, 1985, for a project that began construction after March 7, 1985 and that was not partially financed with a construction grant from the U.S. Environmental Protection Agency (EPA); and

(2) any portion of a project that was determined to be ineligible for grant funding under 33 U.S.C. 1281 - 33 U.S.C. 1299 (Title II, Clean Water Act).

(d) A municipality or other qualified entity may spend money received from the Alaska clean water fund for

(1) investigations or studies necessary to complete a facility plan, or plans and specifications, required by 18 AAC 76.005 - 18 AAC 76.100;

(2) surveys, designs, plans, working drawings, and specifications;

(3) demolition costs, and costs to construct, alter, remodel, improve, or extend a facility;

(4) machinery, furnishings, and equipment;

(5) laboratory testing related to construction and design;

(6) costs to administer, inspect, and supervise the project;

(7) the eligible portion of change orders approved by the department;

(8) the purchase of vehicles used for operation of the facility, as approved by the department;

(9) insurance required by the financial assistance agreement;

(10) computer systems dedicated to facility use;

(11) reasonable landscaping costs;

(12) leasing or purchase of land or surface and subsurface easements for project-related purposes, including for

(A) storing equipment and materials during construction

(B) locating eligible treatment, distribution, or collection projects; and

(13) other eligible projects or components of a project as provided under 33 U.S.C. 1383 if the project applicant is determined by the department to be eligible for funding under 33 U.S.C. 1383.

(e) Force account labor and equipment charge rates may be paid from financial assistance received from the Alaska clean water fund if they are included in the financial assistance agreement and if they are approved by the department. A change in force account charge rates must be submitted to the department for approval. To be approved, labor rates must be provided to the department in a form that documents basic pay, benefits, leave, and holiday rates.

(f) The department will, in its discretion, apply a portion of a capitalization grant received under 33 U.S.C. 1381 - 33 U.S.C. 1387 (Title IV, Clean Water Act) to cover the reasonable costs of administering the Alaska clean water fund and to provide technical assistance to an eligible municipality or other qualified entity.

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 9/10/2017, Register 223

18 AAC 76.020 Priority list process

(a) As part of its intended use plan required under 33 U.S.C. 1386(c), the department will establish a proposed project priority list. To receive financial assistance from the Alaska clean water fund, a project must be included on the Alaska clean water fund priority list developed by the department. Projects will be funded in accordance with the priority list, if money is available.

(b) An applicant seeking financial assistance from the Alaska clean water fund must first submit a request for priority list ranking on a form provided by the department.

(c) The department will review requests for priority list ranking using criteria set out in (d) of this section and will, at least annually, revise the priority list. The proposed list will be made available for a 30-day public comment period. After the public comment period, the department may, based on public comments, revise the proposed list. An applicant's ranking on the anticipated fundable portion of a priority list is valid until the list is revised. An applicant must resubmit a request for priority list ranking each time the department proposes a revision to the priority list. If an applicant fails to resubmit a request after the department proposes a revision to the priority list, the applicant's ranking is subject to change or deletion.

(d) The department will review projects and rank them in priority funding order using the following criteria:

(1) the applicant's readiness to initiate the project;

(2) the type of project proposed;

(3) current use of the receiving water that the project will benefit;

(4) size of the population that will benefit from the project;

(5) public health and environmental hazards to be addressed by the project; and

(6) effect of the proposed project on water quality.

(e) As required under 33 U.S.C. 1386(c), the department will include in the intended use plan described in (a) of this section procedures and criteria for allocation of available money.

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 12/29/2000, Register 156; am 9/27/2009, Register 191

18 AAC 76.030 Application process

(a) The department will review and approve an application for financial assistance from the Alaska clean water fund according to criteria set out in 18 AAC 76.005 - 18 AAC 76.100. To apply for financial assistance, an applicant must submit

(1) a completed application on forms provided by the department;

(2) a resolution adopted by the applicant's governing body that authorizes the application and acceptance of the assistance;

(3) certification from the applicant's attorney that the applicant has the legal authority to incur the debt that will be created by the financial assistance sought;

(4) unless the department does not consider a project facility plan necessary in order to evaluate the project adequately, a project facility plan for a wastewater treatment facility, prepared and signed by a registered engineer, that demonstrates that

(A) for a project subject to 33 U.S.C. 1383(c)(1),

(i) the project will apply best practicable waste treatment technology as defined in 40 C.F.R. 35.2005(b)(7), as amended through June 25, 1997;

(ii) more than one technology was considered in selecting the project design concept;

(iii) opportunities to construct revenue-producing facilities and to make more efficient uses of energy and resources were considered;

(iv) any related wastewater collection system is not subject to excessive infiltration or inflow;

(v) innovative and alternative treatment technologies were evaluated;

(vi) potential recreational and open space opportunities were analyzed;

(vii) the selected treatment option is the most cost-effective, feasible alternative studied; and

(viii) the proposed project will not have a significant negative environmental impact, as determined by the department, using criteria and standards set out in 18 AAC 76.040; or

(B) for a project that is not subject to 33 U.S.C. 1383(c)(1),

(i) the selected treatment option is the most cost-effective, feasible alternative studied; and

(ii) the proposed project will not have a significant negative environmental impact, using criteria and standards set out in 18 AAC 76.040;

(5) before proceeding with final design or construction, certification in a form provided by the department that the applicant

(A) has studied and evaluated the cost and effectiveness of the processes, materials, techniques, and technologies for carrying out the proposed project or activity for which assistance is sought under this chapter; and

(B) has selected, to the maximum extent practicable, a project or activity that maximizes the potential for efficient water use, reuse, recapture, and conservation, and energy conservation, taking into account

(i) the cost of constructing the project or activity;

(ii) the cost of operating and maintaining the project or activity over the life of the project or activity; and

(iii) the cost of replacing the project or activity; or

(C) may alternatively seek to satisfy the information required by the department in accordance with (4) of this subsection, if the department determines it is appropriate;

(6) documentation of the availability of, and the commitment to use, one or more dedicated sources of revenue for repayment of the financial assistance;

(7) certification that a separate account within the applicant's accounting system has been established through which financial assistance received from the Alaska clean water fund will be administered;

(8) a value-engineering study if total building costs will exceed $10,000,000, unless the department waives this requirement;

(9) a financial capability assessment for the proposed project, on a form provided by the department, that demonstrates the applicant's ability to repay the financial assistance as required in 18 AAC 76.050 and to operate and maintain the facility;

(10) plans and specifications for the project, prepared and signed by a registered engineer, with a summary of design criteria;

(11) for a publicly owned treatment works proposed for repair, replacement, or expansion and that is eligible for assistance under 33 U.S.C. 1383(c)(1), a fiscal sustainability plan; the applicant must submit the plan not later than the time of submission of the final disbursement request; the plan

(A) must include

(i) an inventory of critical assets that are a part of the treatment works;

(ii) an evaluation of the condition and performance of inventoried assets or asset groupings;

(iii) a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and

(iv) a plan for maintaining, repairing, and, as necessary, replacing the treatment works, including how those activities will be funded; and

(B) is subject to the department's certification that the plan meets the requirements of (A) of this paragraph;

(12) any other information that the applicant believes will help demonstrate eligibility for financial assistance; and

(13) any other information requested by the department.

(b) An applicant may apply for financial assistance for preconstruction activities by submitting the information required under (a)(1), (2), (6), (7), (12), and (13) of this section.

(1) the project is on the department's priority list to receive funding during the fiscal year in which the financial assistance is requested;

(2) money is available for the project;

(3) the project is eligible for financial assistance from the Alaska clean water fund;

(4) the applicant has demonstrated to the department's satisfaction its ability to repay the financial assistance;

(5) the applicant has submitted, and the department has accepted, the information required under this section; and

(6) the applicant has met the applicable requirements of 18 AAC 76.040.

History

Authority: AS 46.03.020; AS 46.03.032; AS 46.03.720
Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 12/29/2000, Register 156; am 9/10/2017, Register 223

18 AAC 76.035 Loan subsidy

(a) The department may set out affordability criteria in its priority list process under 18 AAC 76.020, as part of its criteria and procedures for distribution of financial assistance.

(b) The department may provide a subsidy to an applicant in the form of principal forgiveness, according to the criteria and procedures established in the priority list process in 18 AAC 76.020, if the applicant demonstrates that it meets affordability criteria, and if the department has included those criteria in the priority list process.

(c) An applicant seeking principal forgiveness may apply to the department for a loan subsidy at the time it submits its financial assistance application under 18 AAC 76.030, if the department has included affordability criteria in the priority list process.

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 9/27/2009, Register 191

18 AAC 76.040 Environmental review

(a) The applicant shall consult with the department during facility planning to determine the required level of environmental review. The department will notify the applicant of the type of environmental documentation that will be required, if any. If required by the department, the applicant shall

(1) submit a request for categorical exclusion, with supporting documentation as specified by the department;

(2) prepare an environmental information document in a format specified by the department; or

(3) prepare an environmental impact statement in a format specified by the department.

(b) If an applicant requests a categorical exclusion, the department will review the request and, based upon documentation submitted by the applicant, the department will notify the applicant that

(1) the project qualifies for a categorical exclusion;

(2) the applicant must prepare an environmental information document; or

(3) the applicant must prepare an environmental impact statement.

(1) conduct an environmental assessment based upon the applicant's environmental information document and issue

(A) a draft Finding of No Significant Impact; or

(B) a notice of need to prepare an environmental impact statement; and

(2) provide a 30-day public comment period after public notice, and

(A) if negative impacts are identified, reassess the project to determine whether an environmental impact statement will be required; or

(B) if no new information is received during the public comment period that would require a reassessment, issue a final Finding of No Significant Impact.

(d) If an environmental impact statement is required, the applicant shall

(1) contact all affected state agencies to determine the required scope of the document;

(2) prepare and submit a draft environmental impact statement to all affected state agencies for review and comment;

(3) conduct a public hearing; and

(4) prepare and submit a final environmental impact statement, incorporating all state agency and public comments, for review and approval by the department.

(e) After completion by the applicant, and approval by the department, of all requirements listed in (d) of this section, the department will issue a Record of Decision documenting the mitigation measures to be required of the applicant. The financial assistance agreement will be conditioned upon those mitigation measures.

(f) If a federal environmental review of the project has been conducted, the department will, in its discretion, adopt all or part of the federal agency's documentation.

(g) An environmental determination under this section is valid for five years. If a financial assistance application is received for a project with an environmental determination more than five years old, or if conditions have changed significantly since the last determination, the department will reevaluate the project, environmental conditions, and public views and will

(1) reaffirm the earlier decision; or

(2) require supplemental information to the earlier environmental impact statement, environmental information document, or request for categorical exclusion; based upon a review of the updated document, the department will

(A) issue and distribute a revised notice of categorical exclusion, Finding of No Significant Impact, or Record of Decision; or

(B) reaffirm its earlier decision.

History

Authority: AS 46.03.020; AS 46.03.032; AS 46.03.720
Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 3/14/2002, Register 161

18 AAC 76.050 Ability to repay

(a) In deciding whether to approve a request for financial assistance from the Alaska clean water fund, the department will consider the following factors in evaluating an applicant's ability to repay financial assistance, and will require that each factor be documented or satisfied before approval is given:

(1) certification that any debt service requirement and debt service coverage test is expected to be met for the term proposed in the financial assistance application;

(2) the applicant's

(A) ability to assess and collect revenues for the project;

(B) debt repayment history;

(D) revenue bond credit rating, if applicable;

(E) financial statements, if required by the department, including a comparison of actual financial performance to adopted budgeted operations;

(F) history of financial operations;

(G) recent levels of the debt retirement, operations, or similar fund balances;

(H) compliance with state and federal environmental laws;

(I) levels of financial reserves for unforeseen circumstances and prospective judgments from litigation;

(J) adherence to provisions of past and current debt resolutions; and

(K) capital improvement plan and proposed debt issuance program;

(3) a utility rate feasibility study by a qualified independent consultant or registered engineer, if required by the department;

(4) any litigation or threatened litigation that might affect the project or the applicant's ability to pay debt service on the financial assistance;

(5) the demand for the proposed project; and

(6) demographic and economic trends in the proposed service area.

(b) The department will, in its discretion, deny a request for financial assistance if the department finds that the applicant has not adequately documented or satisfied the factors listed in (a) of this section.

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 11/19/88, Register 108; am 8/2/97, Register 143

18 AAC 76.060 Financial assistance conditions

(a) The borrower shall

(1) establish and pledge one or more dedicated sources of revenue for repayment of the financial assistance;

(2) award any construction contract estimated to equal or exceed $50,000 through a competitive bidding process, unless the department approves another procedure; a construction contract estimated to be less than $50,000 may be negotiated if the department approves the solicitation and negotiation procedures;

(3) submit to the department for review and approval

(A) a tabulation of construction bids received; and

(B) a copy of the construction contract, which must be awarded to the lowest responsive, responsible bidder unless this requirement is waived by the department;

(4) construct a project capable of operating in accordance with the approved plans and specifications;

(5) if appropriate for the type of project, such as for a wastewater or solid waste project, and if required by the department prepare and submit a facility operation and maintenance manual that meets department approval;

(6) provide for a user fee system and an ordinance that meet department approval, unless this requirement is waived by the department;

(7) use accounting, audit, and fiscal procedures that conform to generally accepted accounting principles, including standards relating to the reporting of infrastructure assets;

(8) maintain project accounts and records until the project field audit is performed and all audit issues are resolved;

(9) ensure that contracted wages paid for the construction of the facility conform to the prevailing wage rates established for the locality by the United States Department of Labor under 40 U.S.C. 276a - 276a-5 (Davis-Bacon Act), or by the state Department of Labor and Workforce Development under AS 36.05.010, whichever are applicable;

(10) require the construction contractor to furnish performance and payment bonds in accordance with AS 36.25.010; and

(11) submit change orders to the department for approval.

(b) If money is available, and if the department approves a change order submitted under (a)(11) of this section, the department will, in its discretion, amend the financial assistance agreement to reflect any change in project cost.

(c) Within one year after the date that construction has been completed, the borrower shall certify that the facility meets the design specifications and, if applicable, effluent limitations specified in its operating or discharge permit. The borrower shall correct any factor that does not meet design requirements or effluent limitations. If the borrower fails to submit the certification required in this subsection the balance of the financial assistance will immediately become payable to the department.

(d) The department will, in its discretion, make site visits to inspect construction progress and to determine compliance with 18 AAC 76.005 - 18 AAC 76.100.

(e) The department will, in its discretion, revoke a financial assistance agreement if the borrower has not begun construction within one year after signing the agreement.

(f) Based on the information provided in 18 AAC 76.030, 18 AAC 76.035, and 18 AAC 76.050, the terms and conditions of each financial assistance agreement will be set on a case-by-case basis.

History

Authority: AS 46.03.020; AS 46.03.032; AS 46.03.720
Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 12/29/2000, Register 156; am 9/27/2009, Register 191; am 9/10/2017, Register 223

18 AAC 76.070 Post-construction activities

(a) After the project is completed, the borrower shall notify the department in writing of initiation of operation. The department will then conduct a final on-site inspection of the project. Within one year after initiation of operation, the department will, in its discretion, conduct an audit of project expenditures. If construction is completed except for minor items, and the facility is operating, but the borrower has not sent its notice of initiation of operation, the department will, in its discretion, assign an initiation of operation date and conduct a final on-site inspection.

(b) The borrower shall provide for adequate operation and maintenance of the facility and shall retain operating personnel as required by 18 AAC 74 to operate the facility.

History

Authority: AS 46.03.020; AS 46.03.090 AS 46.03.032; AS 46.03.720
Eff. 11/19/88, Register 108; am 8/2/97, Register 143

18 AAC 76.080 Repayment; finance charges

(a) Except as provided in 18 AAC 76.035 for a loan subsidy, the amortization schedule for financial assistance from the Alaska clean water fund will be negotiated between the borrower and the department. The department will not negotiate an amortization schedule that exceeds 30 years or the projected useful life of the project, as determined by the department. The department will apply amortization repayments first toward any penalties owed, second toward the fees owed, third toward the interest, and fourth toward the principal.

(b) When the department makes an offer of financial assistance, the department will establish a fixed finance charge that includes both the fee specified in 18 AAC 76.085(a) and interest. The finance charge will be assessed on financial assistance as follows:

(1) for a contract term over 20 years and up to 30 years, accrual of finance charges begins one year after the date of the first payment to the borrower; the department will assess a finance charge at a rate of two percent plus 75 percent of The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity that is greater than four percent as published on the date that the department extends the financial assistance offer; the finance charge will be determined using the calculation 2 + [0.75 x (Bond Index - 4)], where "Bond Index" is equal to The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity;

(2) for a contract term of five to 20 years, accrual of finance charges begins one year after the date of the first payment to the borrower; the department will assess a finance charge at a rate of one and one-half percent plus 62.5 percent of The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity that is greater than four percent as published on the date that the department extends the financial assistance offer; the finance charge will be determined using the calculation 1.5 + [0.625 x (Bond Index - 4)], where "Bond Index" is equal to The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity;

(3) for a contract term of less than five years, accrual of finance charges begins one year after the date of the first payment to the borrower; the department will assess a finance charge of one percent plus 50 percent of The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity that is greater than four percent as published on the date that the department extends the financial assistance offer; the finance charge will be determined using the calculation 1 + [0.5 x (Bond Index - 4)], where "Bond Index" is equal to The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity;

(4) for financial assistance that is repaid within one year after the first payment to the borrower, the department will assess a finance charge equal to one-half of one percent of the total amount of financial assistance disbursed.

(d) Repealed 8/2/97.

(e) A borrower under a financial assistance agreement under 18 AAC 76.005 - 18 AAC 76.100 that is in effect on December 29, 2000 may, within one year after that date, convert the financial assistance agreement to a new finance rate, if all other terms of the agreement remain in effect.

History

Authority: AS 46.03.020; AS 46.03.032; AS 46.03.035
Eff. 11/19/88, Register 108; am 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161; am 4/28/2005, Register 174; am 5/8/2008, Register 186; am 9/27/2009, Register 191; am 9/10/2017, Register 223

18 AAC 76.085 Fee rate and payment

(a) In the amortization schedule established under 18 AAC 76.080 for financial assistance provided from the Alaska clean water fund, the department will include a fixed fee of one-half of one percent of the total amount of financial assistance disbursed.

(b) The department will charge the fee specified in (a) of this section on any financial assistance payments received on or after December 29, 2000.

History

Authority: AS 46.03.020; AS 46.03.034 AS 46.03.032; AS 46.03.035
Eff. 12/29/2000, Register 156

18 AAC 76.086 Eligibility of expenditures

The department will use the fee specified in 18 AAC 76.085(a) for

(1) direct department costs, including

(A) salaries;

(B) equipment;

(D) professional service contracts;

(2) indirect department costs, including

(A) rent costs allocable to the program; and

(B) utility costs allocable to the program; and

(3) other eligible purposes as permitted by 33 U.S.C. 1381 - 1387 (Subchapter VI, State Water Pollution Control Revolving Funds, Clean Water Act).

History

Authority: AS 46.03.020; AS 46.03.034 AS 46.03.032; AS 46.03.035
Eff. 12/29/2000, Register 156

18 AAC 76.090 Disbursement

(a) The department will make payments from the Alaska clean water fund based on invoices submitted by the borrower if the requirements of 18 AAC 76.005 - 18 AAC 76.100 and the financial assistance agreement are met.

(b) The department will make no more than one payment during any 30-day period.

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 11/19/88, Register 108; am 8/2/97, Register 143

18 AAC 76.100 Reconsideration of financial assistance request

(a) If the department denies a financial assistance request, the applicant may file a written request for reconsideration with the director within 30 days after receipt of the department's decision.

(b) The director will, in the director's discretion, reconsider a request if the applicant

(1) shows that there has been a substantial change in the circumstances that led to the denial;

(2) provides relevant information to the department that was not available when the denial was made; or

(3) shows that the department's decision contains a technical, legal, or administrative error, or a misinterpretation of data, the correction of which might reverse the decision.

History

Authority: AS 46.03.020; AS 46.03.032
Eff. 11/19/88, Register 108; am 8/2/97, Register 143

Article 2 Alaska Drinking Water Fund

18 AAC 76.200 Purpose

(a) The provisions of 18 AAC 76.200 - 18 AAC 76.265 apply to financial assistance from the Alaska drinking water fund, a federally-sponsored fund authorized by 42 U.S.C. 300f - 42 U.S.C. 300j-25 (Safe Drinking Water Act), and created by AS 46.03.036(a).

(b) Except as otherwise provided by the Safe Drinking Water Act, the Alaska drinking water fund may be used only as provided in 42 U.S.C. 300j-12(a)(2) for drinking water projects, including projects to plan, design, build, construct, or rehabilitate a public drinking water collection, storage, treatment, or distribution system.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143

18 AAC 76.205 Types of financial assistance

(a) The Alaska drinking water fund may be used to

(1) make loans to drinking water systems eligible for assistance under 18 AAC 76.210 for eligible projects and activities under 18 AAC 76.215;

(2) buy or refinance the debt obligation of a municipality or a combination of municipalities if the debt obligation is incurred and construction started after July 1, 1993;

(3) guarantee or purchase insurance for a debt obligation, all of the proceeds of which finance an eligible project under 18 AAC 76.215, if the guarantee or purchase would improve the marketability of the obligation or reduce the interest rate applicable to the obligation; and

(4) earn interest on the amounts deposited in the fund.

(b) The department may apply a portion of the capitalization grant received under 42 U.S.C. 300j-12 (Safe Drinking Water Act) to cover the department's reasonable costs of administering the Alaska drinking water fund and to provide technical assistance to an eligible drinking water system.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 3/14/2002, Register 161

18 AAC 76.210 Eligible drinking water systems

(a) Except as provided in (b) of this section and as limited in (c) of this section, the following types of drinking water systems are eligible for financial assistance from the Alaska drinking water fund:

(1) a drinking water collection, storage, treatment, or distribution system;

(2) a drinking water system that delivers water by a constructed conveyance other than a pipe, for purposes specified in 42 U.S.C. 300f(4)(B)(i)(III).

(b) Federally-owned systems are not eligible to receive financial assistance from the Alaska drinking water fund.

(1) does not have the technical, managerial, and financial capacity under 18 AAC 80.207 to ensure compliance with the requirements of 40 C.F.R. 141 and 18 AAC 80 (Drinking Water); or

(2) is in significant noncompliance with any requirement of 40 C.F.R. 141 or 18 AAC 80.

(d) A drinking water system described in (c) of this section may receive assistance from the Alaska drinking water fund if

(1) the use of the assistance will ensure compliance; and

(2) for a system described in (c)(1) of this section, the owner or operator of the system agrees to undertake feasible and appropriate changes in operations, including changes in ownership, management, accounting, rates, maintenance, consolidation, or alternative water supply and the department determines that the changes are necessary to ensure that the system has the technical, managerial, and financial capability to maintain compliance with the requirements of the Safe Drinking Water Act and the Alaska drinking water regulations.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161

18 AAC 76.215 Eligible projects and activities; allowable costs

(a) An owner of a drinking water system described in 18 AAC 76.210 may apply to the department for financial assistance from the Alaska drinking water fund for a project or activity that will facilitate compliance with the 40 C.F.R. 141, as applicable, or that will otherwise significantly further the health protection objectives of 42 U.S.C. 300f - 42 U.S.C. 300j-26 (Safe Drinking Water Act) and 18 AAC 80 (Drinking Water).

(b) Except as provided in (e) of this section, the following projects and activities are eligible for financial assistance from the Alaska drinking water fund:

(1) projects to address health standards under the Safe Drinking Water Act and the 18 AAC 80 (Drinking Water) that have been violated, or to prevent future violations of the Safe Drinking Water Act and 18 AAC 80, including projects to achieve and maintain compliance with the primary maximum contaminant levels in 18 AAC 80.300, the surface water treatment requirements in 18 AAC 80.600 - 18 AAC 80.699, the total coliform requirements in 18 AAC 80.400 - 18 AAC 80.440, and the lead and copper requirements in 18 AAC 80.500 - 18 AAC 80.565;

(2) projects to replace aging drinking water infrastructure, including projects to

(A) rehabilitate or develop sources (excluding dams, dam rehabilitation, reservoirs, and water rights) to replace contaminated sources;

(B) install or upgrade water treatment systems if the department determines that the project would improve the quality of drinking water to comply with primary or secondary maximum contaminant levels in 18 AAC 80.300;

(C) install or upgrade storage facilities, including finished water reservoirs, to prevent microbiological contaminants from entering the water system; and

(D) install or replace transmission and distribution pipes to prevent contamination caused by leaks or breaks in the pipe or to improve water pressure to safe levels;

(3) the purchase of a portion of another system's hydraulic capacity, if that is a more cost-effective solution than the development of a system's own source;

(4) for eligible drinking water systems described in 18 AAC 76.210(a)(2), projects to provide central treatment or treatment at the point of entry as described in 42 U.S.C. 300f(4)(B)(i)(III);

(5) acquisition of land or an interest in land, if needed to locate an eligible project and the purchase is from a willing seller;

(6) the cost of complying with 42 U.S.C. 4601 - 42 U.S.C. 4655 (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970);

(7) planning and design of an eligible project, including

(A) investigations or studies necessary to complete a project plan, including preparation of an environmental assessment report; and

(B) surveys, designs, plans, work drawings, and specifications; and

(8) restructuring, including consolidation, of a drinking water system that is in noncompliance or that lacks the technical, managerial, and financial capacity under 18 AAC 80.207 to maintain the system, if the assistance will ensure that the system returns to and maintains compliance with the requirements of 40 C.F.R. 141 and 18 AAC 80 (Drinking Water).

(c) Financial assistance from the Alaska drinking water fund may be used only for the following allowable costs, if required for an eligible project or activity:

(1) demolition costs and costs to plan, design, construct, alter, remodel, rehabilitate, improve, or extend a facility, including related administration, inspection, and supervision costs;

(2) the cost of acquiring real property or an interest in real property;

(3) the eligible portion of change orders approved by the department;

(4) machinery, furnishings, and equipment;

(5) laboratory fees for monitoring and testing needed for planning, design, and construction purposes;

(6) the purchase of vehicles used for facility operation, if approved by the department;

(7) insurance required by the financial assistance agreement;

(8) computer systems dedicated to facility use;

(9) reasonable landscaping costs associated with an eligible project;

(10) source water and distribution system protection devices; and

(11) costs associated with restructuring, including consolidation, of a drinking water system, including legal fees and water buy-in fees.

(d) Force account labor and equipment charge rates may be paid from financial assistance received from the Alaska drinking water fund, if included in the financial assistance agreement. To be approved, labor rates must be provided to the department in a form that documents basic pay, benefits, leave, and holiday rates.

(e) The following projects and activities are not eligible for financial assistance from the Alaska drinking water fund:

(1) dams or dam rehabilitation;

(2) reservoirs, except

(A) finished water reservoirs; and

(B) reservoirs that are part of the treatment process and located on the same property as the treatment facility;

(3) land acquisition for dams, dam rehabilitation, or reservoirs, except reservoirs identified in (2)(A) or (B) of this subsection;

(4) water rights, except water rights that are owned by a system that is being purchased through consolidation as part of a capacity development strategy to acquire and maintain technical, managerial, and financial capacity as described in 42 U.S.C. 300g-9;

(5) laboratory fees for monitoring, other than those described in (c)(5) of this section;

(6) operation and maintenance expenses;

(7) projects needed mainly for fire protection;

(8) projects proposed for drinking water systems that lack the technical, managerial, and financial capacity under 18 AAC 80.207 to ensure compliance with the requirements of 40 C.F.R. 141 and 18 AAC 80 (Drinking Water), unless the financial assistance will enable the system to return to and maintain compliance and the owner of the system agrees to undertake feasible and appropriate changes in operations as described in 18 AAC 76.210(d)(2);

(9) projects proposed for drinking water systems that are in significant noncompliance with any requirement of a 40 C.F.R. 141 or 18 AAC 80, unless the assistance will enable the system to return to and maintain compliance; and

(10) projects primarily intended to serve future population growth by supplying or attracting such growth, except to the extent that growth is reasonably expected to occur over the useful life of a facility.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161

18 AAC 76.220 Priority list process

(a) To be eligible for financial assistance from the Alaska drinking water fund, a project must be included on the Alaska drinking water fund priority list of projects developed by the department. Projects will be funded in accordance with the priority list, if money is available. As part of its intended use plan required by 42 U.S.C. 300j-12(b), the department will establish a proposed project priority list. The plan and list will be made available for public review and comment for at least 30 days. After the public comment period on the intended use plan and the project priority list closes, the department may, based upon public comment, revise the proposed list. After receiving its final priority list ranking, an applicant must resubmit a request under (b) of this section each time the department issues a public notice of a proposed revision to the project priority list. The deadline for submission of such requests will be stated in the public notice. If an applicant fails to resubmit a request by the stated deadline, the applicant's ranking is subject to change or deletion.

(b) An applicant seeking financial assistance from the Alaska drinking water fund must first submit a request for a priority list ranking on a form provided by the department.

(1) the eligibility of the system under 18 AAC 76.210, including the applicant's operations, maintenance, and management capabilities;

(2) the eligibility of the project under 18 AAC 76.215;

(3) projects that address the most serious risk to human health;

(4) projects necessary to ensure compliance with the Safe Drinking Water Act and the Alaska drinking water regulations, 18 AAC 80; and

(5) projects that assist systems most in need of financial assistance that are cost-effective, on a per-household basis, according to the affordability criteria established in the priority list process under this section.

(d) The department will prepare a proposed project priority list by ranking the projects scored under (c) of this section. As required by 42 U.S.C. 300j-12(b), the department will include in the intended use plan described in (a) of this section bypass criteria and procedures for bypassing a project or accelerating the funding schedule for another project.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156

18 AAC 76.225 Financial assistance application process

(a) The department will review and approve applications for financial assistance from the Alaska drinking water fund according to the criteria set out in 18 AAC 76.200 - 18 AAC 76.265.

(b) To apply for financial assistance for construction, an applicant shall submit

(1) a complete application on forms provided by the department;

(2) a resolution adopted by the applicant's governing body that authorizes the application and acceptance of the assistance;

(3) a description of the proposed project;

(4) an analysis of the feasibility of the project, identifying necessary federal and state permits and including a cost estimate prepared by a registered engineer; the analysis must demonstrate that

(A) the selected project is the most cost-effective, feasible alternative studied; and

(B) the proposed project will not have a significant negative environmental impact, using the criteria and standards set out in 18 AAC 76.235;

(5) documentation of the availability of and the commitment to use one or more dedicated sources of revenue or adequate security for repayment of the financial assistance;

(6) certification that a separate account within the applicant's accounting system has been established through which financial assistance received from the Alaska drinking water fund will be administered;

(7) a financial capability assessment for the proposed project, on a form provided by the department, that demonstrates the applicant's ability to repay the financial assistance as described in 18 AAC 76.240 and to operate and maintain the completed project;

(8) certification from the applicant's attorney that the applicant has the legal authority to incur the debt created by the assistance sought and that the proposed assistance agreement would be legally enforceable;

(9) plans and specifications for the project, prepared and signed by a registered engineer, with a summary of design criteria; and

(10) any other information that might help demonstrate eligibility for financial assistance, if requested by the department.

(c) An applicant may apply for financial assistance for pre-construction activities by submitting the information required under (b)(1), (2), (3), (5), (6), and (10) of this section.

(d) The department may approve a financial assistance application if

(1) the project is on the department's priority list to receive financial assistance when the financial assistance is requested;

(2) money is available for the project;

(3) the system is eligible for financial assistance under 18 AAC 76.210;

(4) the project is eligible for financial assistance under 18 AAC 76.215;

(5) the applicant has demonstrated to the department's satisfaction as determined under 18 AAC 76.240, the applicant's ability to repay the financial assistance;

(6) the applicant has submitted, and the department has accepted, the information required under this section; and

(7) the applicant has met the applicable requirements of 18 AAC 76.235.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161

18 AAC 76.230 Assistance for disadvantaged systems

(a) A disadvantaged system or a system that expects to become a disadvantaged system as a result of a proposed drinking water project may apply to the department for a loan subsidy at the time it submits its financial assistance application under 18 AAC 76.225.

(b) A system is considered disadvantaged if the entire area served or to be served by a drinking water system meets the affordability criteria established in the priority list process described in 18 AAC 76.220.

(c) The department may provide a subsidy to a disadvantaged system in the form of principal forgiveness, according to the procedures and criteria established in the priority list process in 18 AAC 76.220. As required by 42 U.S.C. 300j-12(b), the department will include in the intended use plan described in 18 AAC 76.220(a) procedures and criteria for a subsidy under this section, including affordability criteria.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161

18 AAC 76.235 Environmental review

(a) An applicant for financial assistance from the Alaska drinking water fund shall consult with the department during project planning to determine the required level of environmental review for the project. The department will notify the applicant of the type of environmental documentation that will be required, if any. If required by the department, the applicant shall

(1) submit a request for categorical exclusion, with supporting documentation as specified by the department;

(2) prepare an environmental information document in a format specified by the department; or

(3) prepare an environmental impact statement in a format specified by the department.

(b) If an applicant requests a categorical exclusion, the department will review the request and, based upon documentation submitted by the applicant, the department will notify the applicant that

(1) the project qualifies for a categorical exclusion;

(2) the applicant must prepare an environmental information document; or

(3) the applicant must prepare an environmental impact statement.

(1) conduct an environmental assessment based upon the applicant's environmental information document and issue

(A) a draft Finding of No Significant Impact; or

(B) a notice to prepare an environmental impact statement; and

(2) provide a 30-day public comment period after public notice, and

(A) if significant negative impacts are identified, reassess the project to determine whether an environmental impact statement will be required; or

(B) if no new information is received during the public comment period that would require a reassessment, issue a final Finding of No Significant Impact.

(d) If an environmental impact statement is required, the applicant shall

(1) contact all affected state agencies to determine the required scope of the document;

(2) prepare and submit a draft environmental impact statement to all affected state agencies for review and comment;

(3) conduct a public hearing; and

(4) prepare and submit a final environmental impact statement, incorporating all state agency and public comments, for department review and approval.

(e) After completion by the applicant, and approval by the department, of all requirements of (d) of this section, the department will issue a Record of Decision documenting the mitigation measures to be required of the applicant. The applicant's financial assistance agreement will be conditioned upon those mitigation measures.

(f) If a federal environmental review of the project has been conducted, the department will, in its discretion, adopt all or part of the federal agency's documentation.

(1) reaffirm the earlier decision; or

(A) issue and distribute a revised notice of categorical exclusion, Finding of No Significant Impact, or Record of Decision; or

(B) reaffirm its earlier decision.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 3/14/2002, Register 161

18 AAC 76.240 Ability to repay

(a) In deciding whether to approve a request for financial assistance from the Alaska drinking water fund, the department will consider the following factors in evaluating an applicant's ability to repay financial assistance and will require that each factor be documented before approval is given:

(1) certification that any debt service requirement and debt service coverage test is expected to be met for the term proposed in the application;

(2) the applicant's

(A) ability to assess and collect revenues for the project and to bring effective sanctions on non-paying customers;

(B) debt repayment history;

(D) revenue bond credit rating, if applicable;

(E) financial statements, if required by the department, including a comparison of actual financial performance to adopted budget operations;

(F) history of financial operations;

(G) recent levels of the debt retirement, operations, or similar fund balances;

(H) compliance with state and federal environmental laws;

(I) levels of financial reserves for unforeseen circumstances and prospective judgments from litigation;

(J) adherence to provisions of past and current debt resolutions; and

(K) capital improvement plan and proposed debt issuance program;

(3) a utility rate feasibility study by a qualified independent consultant or registered engineer, if required by the department;

(4) any litigation or threatened litigation that might affect the project or the applicant's ability to pay debt service on the financial assistance;

(5) the demand for the proposed project; and

(6) demographic and economic trends in the proposed service area.

(b) The department will, in its discretion, deny a request for financial assistance if the department finds that the applicant has not adequately documented the factors in (a) of this section.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 3/14/2002, Register 161

18 AAC 76.245 Financial assistance conditions

(a) The borrower shall

(1) establish and pledge one or more dedicated sources of revenue for repayment of the financial assistance;

(2) award any construction contract estimated to equal or exceed $50,000 through a competitive bidding process unless the department approves another procedure; a construction contract estimated to be less than $50,000 may be negotiated if the department approves the solicitation and negotiation procedures;

(3) for a construction project, submit for department review and approval

(A) a tabulation of bids received; and

(B) a copy of the executed construction contract, which must be awarded to the lowest responsive, responsible bidder unless this requirement is waived by the department;

(4) construct a project capable of operating in accordance with the approved plans and specifications;

(5) if required by the department, prepare and submit for department approval a facility operation and maintenance manual;

(6) provide for a user fee system and an ordinance that meets department approval, unless this requirement is waived by the department;

(7) use accounting, audit, and fiscal procedures that conform to generally accepted accounting principles;

(8) maintain project accounts and records until the project field audit is performed and all audit issues are resolved;

(9) ensure that contracted wages paid for the construction of the facility conform to the prevailing wage rates established for the locality by the Alaska Department of Labor and Workforce Development under AS 36.05.010;

(10) require the construction contractor to furnish performance and payment bonds in accordance with AS 36.25.010; and

(11) submit change orders for department approval.

(b) The department will, in its discretion, make site visits to inspect construction progress and to determine compliance with 18 AAC 76.200 - 18 AAC 76.265.

(c) If funding is available, and if the department approves a change order submitted under (a)(11) of this section, the department will, in its discretion, amend the financial assistance agreement to reflect any change in project cost.

(d) The department will, in its discretion, revoke a financial assistance agreement if the borrower has not begun construction within one year after signing the agreement.

(e) Based on the information provided in 18 AAC 76.225, 18 AAC 76.230 and 18 AAC 76.240, the terms and conditions of each financial assistance agreement will be set on a case-by-case basis.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156

18 AAC 76.250 Post-construction activities

(a) When a project is completed, the borrower shall notify the department in writing of initiation of operation. The department will then conduct a final onsite inspection of the project. If construction is complete except for minor items and the facility is operating, but the borrower has not sent its notice of initiation of operation, the department will, in its discretion, assign an initiation of operation date and conduct a final on-site inspection.

(b) After construction is complete, the borrower shall certify to the department that the facility is complete and is operating properly.

(c) The borrower shall provide for adequate operation and maintenance of the facility and shall retain sufficient operating personnel as required by 18 AAC 74 to operate the facility.

(d) The department will, in its discretion, conduct an audit of project expenditures within one year after initiation of operation.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143

18 AAC 76.252 Loan classifications

(a) The department will determine an applicant to be qualified for a low-risk loan under this subsection if the applicant provides an unencumbered pledge as security for the loan. The pledge may be provided in the form of a general obligation bond from a municipality or an obligation from a privately-owned utility. An obligation from a privately-owned utility must be rated investment grade by a rating service. The municipality's general obligation bond must be backed by the full faith and credit of the municipality and be supported by unlimited ad valorem taxing power as described in AS 29.47.200. The department will qualify a loan disbursed under this section for a discount of one half of one percent from the finance charge assessed in 18 AAC 76.255(b)(2). As the department determines necessary in order to adequately protect the Alaska drinking water fund, reduce the department's risk, and ensure repayment, the department will attach conditions to the loan that include

(1) an unconditional obligation to pay from specific revenues, unless the obligation is used for the letter of credit described in (6) of this subsection;

(2) a rate covenant equal to the coverage requirements of the loan and all liens;

(3) the obligation to impose and collect revenues sufficient to pay

(A) system operation, maintenance, and replacement costs;

(B) debt service; and

(4) a requirement to establish a reserve that is dedicated to the repayment of the loan, and that is fully funded with cash or an approved equivalent;

(5) for a municipality, or for a municipality and a privately-owned utility applying jointly, the obligation to comply with the state aid intercept provisions of AS 37.15.575; and

(6) for a privately-owned utility, a requirement that the utility maintain a current irrevocable standby letter of credit issued by a bank, in an amount sufficient to cover the department's loan exposure, until the loan agreement has been in force for four years, the project is complete, and the project is expected to continue to have operational revenues sufficient to cover the department's loan exposure.

(b) The department will determine an applicant to be qualified for a standard loan under this subsection if the applicant is unable or unwilling to qualify for the loan type described in (a) of this section, and if the department determines that the applicant has a credit rating and that risk factors do not exist with the applicant's credit. As the department determines necessary in order to adequately protect the Alaska drinking water fund, reduce the department's risk, and ensure repayment, the department will attach conditions to the loan that include

(1) dedicated pledged revenues with a parity or greater position unless the pledged revenues are used for the irrevocable standby letter of credit in (5) of this subsection;

(2) a rate covenant equal to the coverage requirements of the loan and all prior liens;

(3) the obligation to impose and collect revenues sufficient to pay

(A) system operation, maintenance, and replacement costs;

(B) any debt service; and

(4) for a municipality, or for a municipality and a privately-owned utility applying jointly, the obligation to comply with the state aid intercept provisions of AS 37.15.575; and

(5) for a privately-owned utility, a requirement that the utility maintain a current irrevocable standby letter of credit issued by a bank, in an amount sufficient to cover the department's loan exposure, until the loan agreement has been in force for four years, the project is complete, and the project is expected to continue to have operational revenues sufficient to cover the department's loan exposure.

(c) The department will determine an applicant to be qualified for a discretionary loan under this subsection if the applicant does not have a credit rating or if the department determines that risk factors exist with the applicant's credit. The department will not approve a loan under this subsection if the total principal amount of all the outstanding loans of the discretionary type exceeds five percent of the total assets of the Alaska drinking water fund. The department will attach to a loan disbursed under this subsection a surcharge of two and one-half percent in addition to the finance charge assessed in 18 AAC 76.255(b)(2) or (3), as appropriate. As the department determines necessary in order to adequately protect the Alaska drinking water fund, reduce the department's risk, and ensure repayment, the department will attach conditions to the loan that include

(1) pledged revenues that are sufficient to repay the loan; those pledged revenues need not be necessarily sufficient to pay all system operation, maintenance, and replacement costs;

(2) dedicated sources of revenue to repay the loan that may have encumbrances or a less than parity position;

(3) for a municipality or a municipality and a privately-owned utility applying jointly,

(A) the obligation to comply with the state aid intercept provisions of AS 37.15.575; and

(B) demonstration, by ordinance or resolution, of economic and political support for the project, as determined by the department;

(4) for a privately-owned utility, a requirement that the utility

(A) maintain a current irrevocable standby letter of credit issued by a bank, in an amount sufficient to cover the department's loan exposure, until the loan agreement has been in force for four years, the project is complete, and the project is expected to continue to have operational revenues sufficient to cover the department's loan exposure; and

(B) pledge unencumbered assets as collateral.

(d) For purposes of this section, an irrevocable standby letter of credit must be an approved arrangement where a bank makes a payment to the department on behalf of the applicant, if the terms and conditions of the loan agreement are not complied with. The terms and conditions of the irrevocable standby letter of credit may not be changed unless the bank and the department agree.

History

Authority: AS 37.15.575; AS 46.03.036
Eff. 3/14/2002, Register 161; am 9/10/2017, Register 223

18 AAC 76.255 Repayment; finance charges

(a) Except as provided in 18 AAC 76.230 for a disadvantaged system, the amortization schedule for financial assistance from the Alaska drinking water fund will be negotiated between the borrower and the department. The department will not negotiate an amortization schedule that exceeds 30 years. Repayment of financial assistance must begin within one year after the date of initiation of operation of the facility, or within one year after the date of a refinancing under 18 AAC 76.205(a)(2). The department will apply amortization repayments first toward any penalties owed, second toward any fees owed, third toward the interest, and fourth toward the principal.

(b) When the department makes an offer of financial assistance, the department will establish a fixed finance charge that includes the fee specified in 18 AAC 76.257(a), interest, and any adjustment described in 18 AAC 76.252(a) or (c), as appropriate. The finance charge will be assessed on financial assistance as follows:

(c) A borrower under a financial assistance agreement under 18 AAC 76.200 - 18 AAC 76.265 that is in effect on December 29, 2000 may, within one year after that date convert the financial assistance agreement to a new finance rate, if all other terms of the agreement remain in effect.

History

Authority: AS 46.03.020; AS 46.03.039 AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161; am 11/10/2007, Register 184; am 9/10/2017, Register 223

18 AAC 76.257 Fee rate and payment

(a) In the amortization schedule established under 18 AAC 76.255 for financial assistance provided from the Alaska drinking water fund, the department will include a fixed fee of one-half of one percent of the total amount of financial assistance disbursed.

(b) The department will charge the fee specified in (a) of this section on any financial assistance payments received on or after December 29, 2000.

History

Authority: AS 46.03.020; AS 46.03.038 AS 46.03.036; AS 46.03.039
Eff. 12/29/2000, Register 156

18 AAC 76.258 Eligibility of expenditures

The department will use the fees specified in 18 AAC 76.257(a) for

(1) direct department costs, including

(A) salaries;

(B) equipment;

(D) professional service contracts;

(2) indirect department costs, including

(A) rent costs allocable to the program; and

(B) utility costs allocable to the program; and

(3) other eligible purposes as permitted by 42 U.S.C. 300j-12 (Safe Drinking Water Act: State Revolving Loan Funds).

History

Authority: AS 46.03.020; AS 46.03.038; AS 46.03.720 AS 46.03.036; AS 46.03.039
Eff. 12/29/2000, Register 156

18 AAC 76.260 Disbursement of financial assistance

(a) The department will make payments from the Alaska drinking water fund based on requests submitted on a form provided by the department if the requirements of 18 AAC 76.200 - 18 AAC 76.265 and the financial assistance agreement are met. The department may require documentation of costs, such as invoices and copies of checks.

(b) The department will make no more than one payment during any 30-day period.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143; am 3/14/2002, Register 161

18 AAC 76.265 Reconsideration of financial assistance request

(a) If the department denies a request for financial assistance from the Alaska drinking water fund, the applicant may file a written request for reconsideration with the director within 30 days after receipt of the department's decision.

(b) The director will, in the director's discretion, reconsider a request if the applicant

(1) shows that there has been a substantial change in the circumstances that led to the denial;

(2) provides relevant information to the department that was not available when the denial was made; or

(3) shows that the department's decision contains a technical, legal, or administrative error or misinterpretation of data, the correction of which might reverse the decision.

History

Authority: AS 46.03.020; AS 46.03.036; AS 46.03.720
Eff. 8/2/97, Register 143

Article 3 General Provisions

18 AAC 76.900 Definitions

Repealed.

History

Eff. 11/19/88, Register 108; repealed 8/2/97, Register 143

18 AAC 76.990 Definitions

Unless the context indicates otherwise, in this chapter,

(1) "alternative treatment technologies" means any proven wastewater treatment process or technique that provides for the reclaiming and reuse of water, productive recycling of wastewater constituents, other elimination of the discharge of pollutants, or the recovery of energy;

(2) "building" means the erection, acquisition, alteration, remodeling, improvement, or extension of a project receiving financial assistance under this chapter;

(3) "change order" means a written order to the contractor authorizing an addition, deletion, or revision in the work within the scope of the contract, including any required adjustment in contract price, time, or specifications;

(4) "debt service" means the cost or expense of borrowing money, including the cost of a proposed level of borrowing or an existing debt, usually expressed in terms based on a period of time, such as the amount per year;

(5) "dedicated source of revenue" means revenue pledged by a borrower to repay financial assistance, including refinancing, received under this chapter, or revenue pledged to repay bonded indebtedness if the application is for a bond guarantee under this chapter; "dedicated source of revenue" includes property taxes, sales taxes, state shared revenues, special assessments, connection fees, reserve fund balances, and user fees;

(6) "department" means the Alaska Department of Environmental Conservation;

(7) "director" means the director of the department's division that oversees the Alaska clean water fund and the Alaska drinking water fund programs;

(8) "disadvantaged system" means a drinking water system that serves or will serve an area that meets the affordability criteria established in the priority list process in 18 AAC 76.220;

(9) "distribution system" means post-treatment storage facilities, conduits, mains, lines, fixtures, pumping stations, or other devices used to carry water to the consumer;

(10) "EPA" means the U.S. Environmental Protection Agency;

(11) "excessive infiltration or inflow" means the amount of infiltration or inflow that can be economically eliminated from a sewer system, as determined in a cost-effective analysis that compares the costs for correcting the infiltration or inflow conditions to the total costs for transportation and treatment of the infiltration or inflow;

(12) "facility" means a facility that is eligible for financial assistance under this chapter;

(13) "force account" means work performed by the borrower with its own employees and equipment;

(14) "generally accepted accounting principles" means fiscal controls and accounting procedures sufficient to assure proper accounting for payments received, disbursements made, and balances remaining, including Generally Accepted Accounting Principles promulgated by the Government Accounting Standards Board and those standards contained in the Government Auditing Standards: 1994 Revision, promulgated by the Comptroller General of the United States;

(15) "infiltration" means water other than wastewater that enters a sewer system from the ground through defective pipes, pipe joints, connections, or manholes;

(16) "inflow" means water other than wastewater that enters a sewer system from roof leaders, drains, manhole covers, cross-connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface run-off, street wash waters, or drainage;

(17) "initiation of operation" means the date on which the facility begins operating for the purposes for which it was planned, designed, and built;

(18) "innovative treatment technologies" means a treatment process and technique that has not been fully proven under the circumstances of its contemplated use and that represents a significant advancement over the state of the art in respect to reduction in life-cycle costs or environmental benefits;

(19) "maintenance" means work performed to repair equipment, correct malfunctioning equipment, prevent equipment failure, or replace minor equipment items;

(20) repealed 9/10/2017;

(21) repealed 3/14/2002;

(22) repealed 12/29/2000;

(23) "operation" means control of the unit processes and equipment that make up the collection, treatment and distribution process, including financial and personnel management, records, laboratory control, process control, safety, and emergency operation planning;

(24) "operation and maintenance manual" means a guide for use by a treatment facility operator that includes

(A) design information;

(B) identification of adequate financial and personnel resources for proper facility operation;

(D) monitoring and control information;

(E) a maintenance management system;

(F) a schedule for lubrication, oil, and filter changes;

(G) laboratory tests to monitor and control unit processes;

(H) safety procedures;

(I) troubleshooting procedures; and

(J) an emergency operating plan;

(25) "other qualified entity" has the meaning given in AS 46.03.032(p);

(26) "preconstruction activities" means activities that will culminate in a construction project, including

(A) engineering, architectural, legal, fiscal, economic, and environmental investigations or studies;

(B) surveys, designs, plans, working drawings, and specifications;

(D) purchase of equipment with long manufacturing or delivery times, if approved by the department;

(27) "project" means the activities or tasks identified in the financial assistance agreement, for which the borrower may expend, obligate, or commit money;

(28) "recreational and open space opportunities" include use of

(A) rights-of-way for recreational trails;

(B) the project roadway for access to natural and historic areas for camping or nature appreciation, or to waterways for canoeing, boating, and fishing;

(D) on-site facilities for educational purposes; and

(E) effluent or sludge to improve recreational areas;

(29) "registered engineer" means an engineer registered in Alaska under AS 08.48;

(30) "revenue-producing facilities" means facilities with treatment processes that result in a by-product that is sold to an entity outside the facility, including the sale of methane gas from anaerobic digestion and the sale of effluent or sludge for agricultural purposes and for multiple-purpose projects;

(31) "Safe Drinking Water Act" means 42 U.S.C. 300f - 42 U.S.C. 300j-25 (Safe Drinking Water Act Amendments of 1996);

(32) "solid waste" has the meaning given in AS 46.03.900;

(33) "solid waste management facility," as that term is used in AS 46.03.032(d), means a facility used for the processing, disposal, discharge, deposit, injection, consolidation, or placement of solid waste into or onto the land, and includes transfer stations and sanitary landfills;

(34) "total cost" means, at a minimum, all operation and maintenance expenses, including depreciation, and principal and interest for loan repayments;

(35) "user fee" means a charge levied on a user of a facility for the user's proportionate share of the total cost of the operation of that facility;

(36) "value-engineering" means a cost control technique using a systematic process to identify unnecessarily high costs without sacrificing the reliability of the project;

(37) "variance" means a variance granted to a public water system by the department under 18 AAC 80.370;

(38) "wastewater" means liquid and water waste from residences, commercial buildings, industrial plants, and institutions; "wastewater" includes stormwater;

(39) "wastewater collection system" means pipelines or conduits, pumping stations, forcemains, and any other related structure, device, or application used to conduct wastewater to a wastewater treatment system;

(40) "wastewater treatment system" means a device, structure, or equipment used to treat, neutralize, stabilize, or dispose of wastewater and residuals;

(41) "water collection system" means pipelines or conduits, pumping stations, forcemains, and any other related structure, device, or application used to conduct water to a water treatment system;

(42) "water treatment system" means the structure and appurtenances, including chemicals feeders, coagulation and sedimentation tanks, filtration devices, ion exchange apparatus, aeration tanks, or other works used to condition, purify, or refine water for human consumption;

(43) "approved" means approved by the department;

(44) "drinking water system" means a system, a device, a structure, or equipment that provides, treats, stores, or distributes drinking water to the public and that is eligible for assistance under AS 46.03.036.

(45) "The Bond Buyer's Municipal Bond Index's Current Day - Yield to Maturity" means the daily price for 40 long-term municipal bonds as published in the Bond Buyer Municipal Bond Index, or a similar index of tax exempt municipal securities if the index described in this paragraph is no longer available.

History

Authority: AS 46.03.020; AS 46.03.036 AS 46.03.032; AS 46.03.720
Eff. 8/2/97, Register 143; am 12/29/2000, Register 156; am 3/14/2002, Register 161; am 9/10/2017, Register 223

Eff. 11/19/88, Register 108; repealed 12/29/2000, Register 156

Chapter 78 Underground Storage Tanks

Article 1 Underground Storage Tanks

18 AAC 78.005 Applicability

(a) General requirements. The requirements of this chapter apply to each owner and operator of an underground storage tank or underground storage tank system (UST), except as otherwise provided in (c) - (e) of this section.

(b) Previously deferred USTs. Airport hydrant fuel distribution systems, USTs with field-constructed tanks, and USTs that store fuel solely for use by emergency power generators must meet the requirements of this chapter as follows:

(1) airport hydrant fuel distribution systems and USTs with field-constructed tanks must meet the requirements of this chapter except as indicated in 18 AAC 78.705;

(2) USTs that store fuel solely for use by emergency power generators installed on or before October 13, 2015, and previously deferred from the release detection requirements of this chapter, must meet the requirements of 18 AAC 78.060 - 18 AAC 78.072 on or before October 13, 2018;

(3) USTs that store fuel solely for use by emergency power generators installed after October 13, 2015 must meet all applicable requirements of this chapter at installation.

(1) any wastewater treatment tank system that is part of a wastewater treatment facility regulated under 33 U.S.C. 1317(b) or 1342 (sec. 307(b) or 402 of the Clean Water Act);

(2) equipment or machinery that contains petroleum for operational purposes, such as hydraulic lift tanks and electrical equipment tanks;

(3) any UST system that contains a de minimis concentration of petroleum; and

(4) any emergency spill or overflow containment UST that is expeditiously emptied after use.

(d) Partial Exclusions. The provisions of 18 AAC 78.015 - 18 AAC 78.090, 18 AAC 78.355 - 18 AAC 78.380, and 18 AAC 78.700 - 18 AAC 78.705 do not apply to

(1) wastewater treatment tank systems not covered under (c)(2) of this section;

(2) aboveground storage tanks associated with

(A) airport hydrant fuel distribution systems regulated under 18 AAC 78.700 - 18 AAC 78.705; and

(B) USTs with field-constructed tanks regulated under 18 AAC 78.700 - 18 AAC 78.705;

(3) any USTs containing radioactive material that are regulated under 42 U.S.C. 2011 - 2297h-13 (Atomic Energy Act of 1954); and

(4) any UST that is part of an emergency generator system at nuclear power generation facilities licensed by the United States Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including 10 C.F.R. Part 50.

(e) Tanks, pipes, and other facilities that are not USTs. USTs do not include tanks, pipes, or facilities exempted under AS 46.03.450 from the term "underground storage tank."

History

Authority: AS 46.03.020; AS 46.03.380; AS 46.03.405 AS 46.03.365; AS 46.03.400; AS 46.03.450
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.007 UST Procedures Manual

The department's Underground Storage Tanks Procedures Manual (UST Procedures Manual), dated March 22, 2017, is adopted by reference. The department will use this version of the UST Procedures Manual in making determinations under this chapter.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 1/22/99, Register 149; am 6/25/99, Register 150; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 6/17/2015, Register 214; am 7/1/2017, Register 222

18 AAC 78.008 Operator training

Repealed.

History

Eff. 7/25/2012, Register 203; repealed 9/27/2018, Register 227

18 AAC 78.010 Minimum requirements

Repealed.

History

Eff. 3/25/91, Register 118; am 11/3/95, Register 136; repealed 9/27/2018, Register 227

18 AAC 78.012 Installation requirements for partially excluded USTs

(a) An owner or operator must install a UST listed in 18 AAC 78.005(d)(1), (3), or (4) storing petroleum, whether of single-wall or double-wall construction, that meets the following requirements:

(1) the UST must prevent releases caused by manufacturing defects, corrosion, or structural failure for the operational life of the UST;

(2) the UST must be cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a non-corrodible material, or designed to prevent the release or threatened release of stored petroleum; and

(3) the UST must be constructed or lined with a material that is compatible with the stored petroleum.

(b) Notwithstanding (a) of this section, a UST without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause the UST to have a release due to corrosion during its operating life. The owner or operator shall maintain records that demonstrate compliance with the requirements of this subsection for the remaining life of the tank.

(1) NACE International Standard Practice RP 0285-2002, External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002;

(2) NACE International Standard Practice SP 0169-2007, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007;

(3) American Petroleum Institute Recommended Practice 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, Third Edition, May 1996; or

(4) Steel Tank Institute Recommended Practice R892, Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems, January 2006.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.015 Registration and fees

(a) Except as provided in (e) of this section, a person who owns or operates a UST, or who intends to install, have installed, return to service, or acquire ownership of a UST, shall

(1) register the UST as required by AS 46.03.380 and pay the fee required by AS 46.03.385 within 30 days after installation, return to service, or acquisition;

(2) if the UST was installed before December 22, 1988, provide the information required by AS 46.03.380(b)(1) and (3);

(3) obtain a current tag, decal, or notice for a UST, as follows, before allowing a petroleum product to be placed in the UST:

(A) for a new UST, the department will provide a tag, decal, or notice not later than 30 days after receiving the registration; the department will not provide a tag for a UST that is permanently closed under 18 AAC 78.085;

(B) for an existing UST, the department will provide a tag, decal, or notice not later than 30 days after receiving proof that the UST is in compliance with this chapter as required under 18 AAC 78.059(g);

(D) if a tag, decal, or notice is lost, stolen, or destroyed, the owner or operator may obtain a replacement by providing the department with a sworn statement or affidavit that includes the facility number and tank number assigned by the department and an explanation of why a replacement is needed;

(4) permanently affix the tag, decal, or notice described in (3) of this subsection where it

(A) can easily be seen by a person who attempts to fill the UST; and

(B) cannot reasonably be associated with any UST other than the UST for which it was issued;

(5) ensure that a person does not

(A) tamper with or alter a tag, decal, or notice associated with a UST;

(B) remove a tag, decal, or notice associated with a UST until it expires or is replaced with a new tag, decal, or notice, unless

(i) the tank is permanently closed under 18 AAC 78.085; or

(ii) the return of the tag, decal, or notice is required under 18 AAC 78.059.

(b) The information required by AS 46.03.400 must be provided in the application for initial registration on a form provided by the department.

(c) UST registration expires on December 31 each year. The annual registration renewal fee required by AS 46.03.385(a) must be paid to the department at least 30 days before the registration expires each year and must be accompanied by the information required by AS 46.03.385(d) on a form provided by the department.

(d) If a UST is temporarily taken out of service, or if a UST is permanently closed under 18 AAC 78.085, the owner or operator need not submit the fee and information required under (c) of this section in subsequent years unless the UST is returned to service. The owner or operator of a UST temporarily taken out of service must submit to the department, before taking the UST out of service, the Taken Out of Service or Temporary Closure form, dated February 2008 and adopted by reference, and the Empty Tank Affidavit form, dated February 2008 and adopted by reference. If the UST is returned to service, the owner or operator shall pay to the department the annual registration fee required by AS 46.03.385(a) no later than 30 days after the UST is returned to service.

(e) The owner or operator of a UST that was taken out of service or permanently closed on or before January 1, 1974, is exempt from the annual registration requirements of this section and AS 46.03.380.

(f) In assessing the late fee required by AS 46.03.385(c), the "day of payment" means the day the fee is received by the department or, if mailed, the day of postmark.

(g) In addition to the requirements of AS 46.03.400, at initial registration or annual registration renewal, the owner or operator of a UST that is installed, upgraded, or reconfigured shall certify that the installation, upgrading, or reconfiguration was performed or supervised by a person certified under this chapter.

(h) An owner or operator of a UST who sells a UST intended for continued use as a UST shall notify the purchaser of the requirements of this chapter.

History

Authority: AS 46.03.020; AS 46.03.380; AS 46.03.400 AS 46.03.365; AS 46.03.385; AS 46.03.405 AS 46.03.375; AS 46.03.395
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 8/15/99, Register 151; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.017 Operations inspection

Repealed.

History

Eff. 8/15/99, Register 151; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 7/19/2013, Register 207; repealed 9/27/2018, Register 227

18 AAC 78.018 Acceptance, delivery, and deposit prohibitions

(a) An owner or operator of a UST may not accept the delivery or deposit of petroleum, and a person may not deliver petroleum to or deposit petroleum in that UST, if

(1) the department determines that the spill prevention equipment, overfill protection equipment, leak detection, or corrosion protection equipment is not installed or is not being operated or maintained in accordance with this chapter;

(2) financial responsibility is not maintained in accordance with 18 AAC 78.910;

(3) the department has determined the UST to be a substandard UST under 18 AAC 78.059(h), the owner or operator has not made repairs as required under 18 AAC 78.059(h), and a temporary deferral of the prohibition on the acceptance, delivery, or deposit of petroleum has not been granted under 18 AAC 78.059 and (c) of this section or has expired; or

(4) the owner or operator fails to display a valid tag, decal, or notice as required under 18 AAC 78.015.

(b) If the department determines a UST to be subject to the prohibition under (a) of this section, the department will, no later than three working days after making the determination,

(1) notify the owner or operator in writing; and

(2) to assist persons in complying with this section, post that UST to the department's list, maintained on the department's website, of USTs without valid tags, decals, or notices required under 18 AAC 78.015(a).

(c) If a prohibition under (a) of this section would jeopardize the availability of or access to motor fuel in remote and rural areas, or jeopardize the availability of or access to heating if the UST is supplying a boiler and an emergency power generator, the department may defer, upon written request by the owner, the prohibition for a period of no more than 180 days after the determination under (a) of this section is made.

(d) The department will withdraw a prohibition under (a) of this section upon receiving written documentation, satisfactory to the department, that

(1) the condition that caused the prohibition to be put into place has been repaired in accordance with 18 AAC 78.055; and

(2) the UST now meets the requirements of 18 AAC 78.040 - 18 AAC 78.055, 18 AAC 78.060 - 18 AAC 78.072, and 18 AAC 78.910.

(e) If it withdraws a prohibition under (d) of this section, the department will, no later than three working days after the date of withdrawal,

(1) notify the owner or operator in writing; and

(2) remove the UST from the list maintained under (b)(2) of this section.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.405
Eff. 7/25/2012, Register 203; am 7/19/2013, Register 207; am 9/27/2018, Register 227

18 AAC 78.020 Notification for tanks taken out of service

Repealed.

History

Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 7/25/2012, Register 203; repealed 9/27/2018, Register 227

18 AAC 78.022 Requirements for existing UST systems

Repealed.

History

Eff. 3/25/91, Register 118; am 11/3/95, Register 136; repealed 9/27/2018, Register 227

18 AAC 78.025 Performance standards for new USTs

(a) General requirements. In order to prevent or detect releases caused by manufacturing defects, structural failure, corrosion, or spills or overfills for as long as the UST is used to store petroleum, the owner or operator of a new UST shall meet the requirements of this section.

(b) Secondary containment and interstitial monitoring for tanks and piping installed on or after July 25, 2012 and before April 11, 2016. Tanks and piping installed on or after July 25, 2012 and before April 11, 2016 and within 1,000 feet of an existing community water system as defined under 18 AAC 80.1990(a), an existing potable water system as defined under 18 AAC 80.1990(a), or a sole source aquifer as defined under 18 AAC 75.990 must be in secondary containment and use interstitial monitoring for leaks. Secondary containment must be able to contain petroleum released from anywhere in the UST system until it is detected and removed, and must prevent a release of petroleum to the environment at any time during the operational life of the UST system. For the purposes of this subsection,

(1) in the case of a replacement of an existing tank or existing piping, secondary containment and interstitial monitoring is only required for the tank or piping being replaced; and

(2) the 1,000 feet must be measured from the closest part of the tank or piping to the closest part of the existing community water system, potable water system, or sole source aquifer, including well heads for groundwater, the location of the intake points for surface water, water lines, processing tanks and water storage tanks, water distribution and service lines under the control of the community water system operator, and the wellhead of the nearest existing potable drinking water well.

(c) Secondary containment and interstitial monitoring for tanks and piping installed on or after April 11, 2016. Tanks and piping installed on or after April 11, 2016 must be in secondary containment and use interstitial monitoring in accordance with 18 AAC 78.065(h), except for suction piping that meets the requirements of 18 AAC 78.060(f)(1)(B)(i) - (v). Secondary containment must be able to contain petroleum leaked from the primary containment until it is detected and the petroleum removed, and must prevent the release of petroleum to the environment at any time during the operational life of the UST. For cases where the piping is considered to be replaced, the entire piping run must be within secondary containment.

(d) Notification. At least 15 days, but not more than 60 days, before beginning installation of a UST, the owner or operator shall notify the department in writing that it will do so, on a form provided by the department.

(e) Tanks. Each tank must be properly designed, constructed, and installed in a manner that will prevent releases for its operating life due to manufacturing defects, structural failure, or corrosion, in accordance with a nationally recognized code of practice, and meet one of the following requirements:

(1) the tank must be constructed of fiberglass-reinforced plastic; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, Second Edition, 1994; and

(B) Steel Tank Institute Specification F894, ACT-100 Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, December 2010;

(2) the tank must be constructed of steel and cathodically protected in the following manner:

(A) the tank must be coated with a suitable dielectric material; for purposes of this subparagraph, suitable dielectric material does not include paint or asphalt coating;

(B) field-installed cathodic protection systems must be designed by a corrosion expert;

(C) impressed current systems must be designed to allow determination of current operating status as required in 18 AAC 78.045(e);

(D) cathodic protection systems must be operated and maintained in accordance with 18 AAC 78.045; and

(E) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(i) Steel Tank Institute Specification STI-P3, STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, August 2011;

(ii) Underwriters Laboratories, Inc., Standard for Safety 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, Third Edition, January 17, 2007;

(iii) NACE International Standard RP0285-2002, Standard Recommended Practice-Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002; and

(iv) Underwriters Laboratories Standard UL 58, Steel Underground Tanks for Flammable and Combustible Liquids, Ninth Edition, 1996;

(3) the tank must be constructed of steel and must be clad or jacketed with a noncorrodible material; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the enviromnent, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories, Inc., Standard for Safety 1746, External Corrosion Protection Systems for Steel Underground Storage Tanks, Third Edition, January 17, 2007;

(B) Steel Tank Institute Specification F894, ACT-100 Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks, December 2010;

(4) the tank must be constructed of metal, but additional corrosion protection measures are not required, if

(A) the tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause the tank to have a release due to corrosion during the tank's operating life; and

(B) the owner or operator maintains records that demonstrate compliance with the requirements of (A) of this paragraph for the remaining life of the tank; or

(5) the tank construction and corrosion protection must be determined by the department to be designed to prevent the release or threatened release of any stored petroleum in a manner that is no less protective of human health and the environment than the requirements in (1) - (4) of this subsection.

(f) Piping. This subsection applies to the piping that routinely contains petroleum, including all product piping, except for vent lines and except for most tank fill pipes. The piping that routinely contains petroleum and is underground or in contact with the ground must be properly designed, constructed, and installed in a manner that will prevent, for the piping's operating life, releases due to manufacturing defects, structural failure, or corrosion, in accordance with a nationally recognized code of practice, and must meet one of the following requirements:

(1) the piping must be constructed of a non-corrodible material; unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) Underwriters Laboratories Standard 1316, Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures, Second Edition, 1994; and

(B) Underwriters Laboratories, Inc. Standard for Safety UL 567, Emergency Breakaway Fittings, Swivel Connectors and Pipe-Connection Fittings for Petroleum Products and LP-Gas, Ninth Edition, July 28, 2003;

(2) the piping must be constructed of steel and cathodically protected in the following manner:

(A) the piping must be coated with a suitable dielectric material; for purposes of this subparagraph, suitable dielectric material does not include paint or asphalt coating;

(B) field-installed cathodic protection systems must be designed by a corrosion expert;

(C) impressed current systems must be designed to allow determination of current operating status as required in 18 AAC 78.045(c);

(D) cathodic protection systems must be operated and maintained in accordance with 18 AAC 78.045; and

(i) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, 2008 Edition;

(ii) American Petroleum Institute Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, Fifth Edition, March 1996;

(iii) Petroleum Equipment Institute Recommended Practice PEI/RP 100-11, Recommended Practices for Installation of Underground Liquid Storage Systems, 2011;

(iv) American Petroleum Institute Recommended Practice 1632, Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems, Third Edition, May 1996; and

(v) NACE International Standard SP0169-2007, Standard Practice: Control of External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007;

(3) the piping must be constructed of metal, but additional corrosion protection measures are not required, if

(A) the piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause the piping to have a release due to corrosion during the piping's operating life; and

(B) the owner or operator maintains records that demonstrate compliance with the requirements of (A) of this paragraph for the remaining life of the piping; or

(4) the piping construction and corrosion protection must be determined by the department to be designed to prevent the release or threatened release of any stored petroleum in a manner that is no less protective of human health and the environment than the requirements in (1) - (3) of this subsection.

(g) Spill and overfill prevention equipment. The requirements for UST spill and overfill prevention equipment are as follows:

(1) except as provided in (2) and (3) of this subsection, to prevent spilling and overfilling associated with transfer of petroleum to the UST, the owner or operator shall use the following spill and overfill prevention equipment:

(A) spill prevention equipment, such as a spill catchment basin, that will prevent release of the petroleum to the environment when the transfer hose is detached from the fill pipe; and

(B) overfill prevention equipment that will

(i) automatically shut off flow into the tank when the tank is no more than 95 percent full; or

(ii) alert the transfer operator when the tank is no more than 90 percent full by restricting the flow into the tank or triggering a high-level alarm;

(2) the owner or operator is not required to use the spill and overfill prevention equipment specified in (1) of this subsection if

(A) alternative equipment is used that is determined by the department to be no less protective of human health and safety and the environment than the equipment specified in (1)(A) or (B) of this subsection; or

(B) the UST is filled by transfers of no more than 25 gallons at one time;

(3) flow restrictors used in vent lines may not be used to comply with (1)(B) of this subsection when overfill prevention is installed or replaced after October 13, 2015;

(4) spill and overfill prevention equipment must be periodically tested or inspected in accordance with 18 AAC 78.057; and

(5) if a UST system has one or more of the following, the owner or operator of the system may not use a ball float valve or a vent restrictor shut-off device on that system:

(A) a tank that receives a pumped delivery;

(B) suction piping with air eliminators;

(D) an emergency generator or an oil heating tank.

(h) Installation. The installation of a UST is subject to the following:

(1) the owner or operator shall ensure that the installer of a new UST is certified under this chapter;

(2) a person may not install or permit the installation of a UST within 100 feet of a community water system, non-transient non-community water system, or transient non-community water system, or within 25 feet of a private water system, as each of those systems is defined in 18 AAC 80.1990(a);

(3) the department may inspect or require inspection of an installation to determine compliance with this section; if the department requires an inspection, it must be conducted by an independent third party certified under this chapter; and

(4) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner and the operator of a UST shall ensure that the following are used, the provisions of which are adopted by reference:

(A) American Petroleum Institute Recommended Practice 1615, Installation of Underground Petroleum Storage Systems, Fifth Edition, March 1996;

(B) Petroleum Equipment Institute Recommended Practice PEI/RP 100-11, Recommended Practices for Installation of Underground Liquid Storage Systems, 2011;

(C) American Society of Mechanical Engineers Code for Pressure Piping, B31, an American National Standard, B31.3, Process Piping, 2010 Edition;

(D) American Society of Mechanical Engineers Code for Pressure Piping, B31, an American National Standard, B31.4, Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids, 2009 Edition;

(E) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, 2008 Edition;

(F) National Fire Protection Association Standard 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2012 Edition;

(G) International Code Council, International Fire Code, Chapter 57, (flammable and combustible liquids), 2012; and

(H) International Code Council, International Fire Code, Chapter 50, (hazardous materials - general provisions), 2012.

(i) Certification of installation. The owner or operator shall ensure that the installer has been certified under this chapter and shall provide certification of compliance to the department on the UST registration form in accordance with 18 AAC 78.035(d).

(j) Dispenser systems. Each UST must be equipped with under-dispenser containment for any new dispenser system, replacement of an existing dispenser, or replacement of any piping or equipment below a dispenser installed on or after July 25, 2012. Under-dispenser containment must

(1) be liquid-tight on its sides and bottom, and at any penetrations; and

(2) allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system at least annually during the walkthrough inspections required under 18 AAC 78.058.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.030 Upgrading existing USTs

(a) An owner or operator shall permanently close in accordance with 18 AAC 78.080 - 18 AAC 78.087 any UST that does not meet the performance standards in 18 AAC 78.025 for new USTs or that has not been upgraded in accordance with (d) - (f) of this section. This subsection does not apply to a previously deferred UST described in 18 AAC 78.700 - 18 AAC 78.705, if an upgrade to the previously deferred UST is performed and the department determines the upgrade to be protective of human health and safety and the environment.

(b) An existing UST must comply with one of the following requirements:

(1) the performance standards in 18 AAC 78.025 for new USTs;

(2) the upgrading requirements in (d) - (f) of this section; or

(3) the closure requirements under 18 AAC 78.080 - 18 AAC 78.087, including applicable requirements for corrective action under 18 AAC 78.200 - 18 AAC 78.280.

(c) A UST must be upgraded by a person certified under this chapter and must be installed using nationally recognized codes of practice specified in 18 AAC 78.025. All parts of the UST must be certified, listed, or approved under 18 AAC 78.050 for use with the fuel stored within the system.

(d) Steel tanks must be upgraded to meet one of the following requirements: in accordance with a nationally recognized code of practice as specified in 18 AAC 78.025 and 18 AAC 78.055:

(1) tanks upgraded by internal lining must meet the following requirements:

(A) the lining must be installed in accordance with the requirements of 18 AAC 78.055;

(B) not later than 10 years after lining, and every five years thereafter, the lined tank must be internally inspected and found to be structurally sound with the lining still performing in accordance with the original design specifications; if the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a nationally recognized code of practice, the lined tank must be permanently closed in accordance with 18 AAC 78.080 - 18 AAC 78.087; and

(C) a certified copy of the internal lining or lining system specifications and installation instructions, safety precautions, and other documentation must be provided to the department by the manufacturer, including

(i) approvals by independent testing laboratories and other independent evaluation results that demonstrate compliance with the approved standards;

(ii) approvals by other government agencies;

(iii) chemical compatibility data for common fuels; and

(iv) copies of guarantees or warranties;

(2) tanks upgraded by cathodic protection must meet the requirements of 18 AAC 78.025(e)(2)(B) - (D) and the integrity of the tank must have been ensured using one of the following methods:

(A) the tank must be internally inspected and assessed to ensure that the tank is structurally sound and free of corrosion holes before installing the cathodic protection system;

(B) the tank must have been installed for less than 10 years and must be monitored monthly for releases in accordance with 18 AAC 78.065(e) - (j);

(C) the tank must have been installed for less than 10 years and must be assessed for corrosion holes by conducting two tightness tests that meet the requirements of 18 AAC 78.065(d); the first test must be conducted before installing the cathodic protection system; the second test must be conducted not earlier than three months and not later than six months following the first operation of the cathodic protection system; or

(D) the tank must be assessed for corrosion holes by a method that is determined by the department to prevent releases in a way that is no less protective of human health and safety and the environment than the requirements in (A) - (C) of this paragraph;

(3) tanks upgraded by both internal lining and cathodic protection must meet the following requirements:

(A) the lining must be installed in accordance with the requirements of 18 AAC 78.055; and

(B) the cathodic protection system must meet the requirements of 18 AAC 78.025(e)(2)(B) - (D); or

(4) an STI-P3 steel tank may be upgraded to cathodic protection if the tank can be verified by the Steel Tank Institute to have been constructed in accordance with Steel Tank Institute Specification STI-P3, STI-P3 Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks, August 2011, adopted by reference.

(e) Metal piping that routinely contains petroleum and is in contact with the ground must be cathodically protected using nationally recognized codes of practice specified in 18 AAC 78.025(f)(2)(E) and must meet the requirements of 18 AAC 78.025(f)(2)(B) - (D).

(f) To prevent spilling and overfilling associated with product transfer to the UST, an existing UST must comply with UST spill and overfill prevention equipment requirements specified in 18 AAC 78.025(g).

(g) The department may inspect or require inspection of an upgrade to determine compliance with this section. If the department requires an inspection, it must be conducted by an independent third party certified under this chapter.

(h) If an upgrade consists of the removal and installation of a UST, or the removal and installation within a three-year period of more than 50 percent of the piping associated with a single UST, the department will consider the upgrade to be a replacement subject to the requirements of 18 AAC 78.025.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/25/99, Register 150; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.035 Notification requirements

(a) An owner must submit notice to the department in accordance with 18 AAC 78.015(a) of USTs that are currently in existence, newly installed, returned to service, or transferred in ownership. For a UST that was in the ground on or after May 8, 1986 and was not taken out of operation on or before January 1, 1974, and for which notification was not provided under 42 U.S.C. 6991a(a) (sec. 601(a) of the Hazardous and Solid Waste Amendments of 1984) to the department or under 42 U.S.C. 9603(c) (sec. 103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980), an owner or operator of the UST must provide notice of the existence of the UST in accordance with 18 AAC 78.015(a) and may use the department's registration form to provide the required notification.

(b) A person who assumes ownership of a regulated UST, except as described in (a) of this section, must submit a notice of the ownership change to the department in accordance with 18 AAC 78.015(a).

(c) An owner required to submit notices under (a) or (b) of this section must provide notices to the department for each tank that the person owns. The owner may provide notice for several tanks using one notification form, but an owner who owns tanks located at more than one place of operation must file a separate notification form for each separate place of operation.

(d) The owner or operator of a new UST must certify in the UST registration form compliance with the following requirements:

(1) installation of tanks and piping under 18 AAC 78.025(i);

(2) cathodic protection of steel tanks and piping under 18 AAC 78.025(e) and (f);

(3) financial responsibility under 18 AAC 78.910; and

(4) release detection under 18 AAC 78.060 - 18 AAC 78.072.

(e) The owner or operator of a new UST must ensure that the installer certifies in the notification form that the methods used to install the tanks and piping comply with the requirements in 18 AAC 78.025.

(f) A person who sells a tank intended to be used as a UST must notify the purchaser of the UST of the owner's notification obligations under (a) of this section. The following statement, when used on shipping tickets and invoices, may be used to comply with this requirement: "Note. A federal law (the Solid Waste Disposal Act, as amended), requires owners of certain underground storage tanks to notify the Alaska Department of Environmental Conservation (department) of the existence of their tanks. Notifications must be made not later than 30 days after the tank is placed into use. Consult the department's regulation at 18 AAC 78.035 to determine if you are affected by this law."

(g) An owner or operator who intends to significantly reconfigure a UST shall notify the department at least 15 days, but not more than 60 days before beginning work on the proposed change, using a form provided by the department.

History

Authority: AS 46.03.020; AS 46.03.380 AS 46.03.365; AS 46.03.390
Eff. 3/25/91, Register 118; am 9/27/2018, Register 227

18 AAC 78.040 Spill and overfill control

(a) The owner or operator of a UST shall ensure that

(1) releases due to spilling or overfilling do not occur;

(2) the volume available in the tank is greater than the volume of petroleum to be transferred to the tank before the transfer is made;

(3) the transfer operation is constantly monitored to prevent overfilling or spilling;

(4) the distributor is provided with the current UST tag, decal, or notice before the transfer is made; and

(5) any spill or overfill is reported and investigated, and that appropriate corrective action is completed.

(b) Guidance, the use of which the department encourages, on spill and overfill prevention appears in American Petroleum Institute Recommended Practice 1621, Bulk Liquid Stock Control at Retail Outlets, Fifth Edition, May 1993. The department encourages the use of the transfer procedures described in the following documents as guidance for complying with this section:

(1) National Fire Protection Association Standard 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2012 Edition; or

(2) American Petroleum Institute Recommended Practice 1007 Edition 1 (2001/R2011), Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles.

(c) The owner or operator shall report, investigate, and complete corrective action on any spills or overfills in accordance with 18 AAC 78.200 - 18 AAC 78.276.

History

Authority: AS 46.03.020; AS 46.03.380 AS 46.03.365; AS 46.03.405
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 9/27/2018, Register 227

18 AAC 78.045 Operation and maintenance of corrosion protection

(a) The owner or operator of a steel UST with corrosion protection shall comply with the requirements of this section to ensure that a release caused by corrosion is prevented until the UST is permanently closed or undergoes a change-in-service under 18 AAC 78.085.

(b) A corrosion protection system must be operated and maintained to continuously provide corrosion protection to the metal components of that portion of the tank and piping that routinely contains petroleum and that is in contact with the ground. This requirement applies to single and double wall steel tanks and piping. For purposes of this subsection, piping that routinely contains petroleum includes all product piping, except for vent lines and except for most tank fill pipe configurations.

(c) A UST equipped with a cathodic protection system must be inspected for proper operation by a cathodic protection tester who is certified under 18 AAC 78.410 in accordance with the following requirements:

(1) a cathodic protection system must be tested not later than six months after installation and at least every three years after that, or according to another reasonable testing schedule approved by the department; and

(2) the criteria used to determine if cathodic protection is adequate as required under this section must be in accordance with one of the following requirements:

(A) NACE International Standard RP0285-2002, Standard Recommended Practice-Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002, adopted by reference;

(B) NACE International Test Method TM0101-2012, Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems, March 2012, adopted by reference;

(C) NACE International Test Method TM0497-2012, Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems, June 2012, adopted by reference;

(D) Steel Tank Institute Recommended Practice R051, Cathodic Protection Testing Procedures for STI-P3® USTs, January 2006, adopted by reference;

(E) NACE International Standard Practice SP0169-2007, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007, adopted by reference; or

(F) another standard that is no less protective of human health and safety and the environment and approved by the department.

(d) Repealed 9/27/2018.

(e) A UST with an impressed current cathodic protection system must be inspected every 60 days to ensure that the equipment is running properly. The owner or operator shall document the findings of each inspection. The owner or operator may use a form provided by the department or an equivalent form to document those findings. If the inspection of the impressed current cathodic protection system indicates a redline of zero, the owner or operator shall notify the department and take corrective action to investigate and, if necessary, to correct the problem.

(f) For a UST with cathodic protection, records of the operation of the cathodic protection system must be maintained in accordance with 18 AAC 78.056 to demonstrate compliance with the performance standards in this section. These records must provide the following:

(1) the results of the last three inspections required in (e) of this section; and

(2) the results of testing from the last two inspections required in (c) of this section.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.050 Compatibility

(a) An owner or operator shall use a UST made of or lined with materials that are compatible with the petroleum stored in the UST.

(b) An owner or operator must notify the department at least 30 days before switching to a petroleum product containing greater than 10 percent ethanol or greater than 20 percent biodiesel. In addition, an owner or operator with USTs storing these blends must meet one of the following requirements:

(1) demonstrate compatibility of the UST, including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment; an owner or operator may demonstrate compatibility of the UST by using one of the following options:

(A) certification or listing of UST equipment or components by a nationally recognized, independent testing laboratory for use with the petroleum stored; or

(B) equipment or component manufacturer approval; the manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or

(2) use another option that the department determines to be no less protective of human health and safety and the environment than the options listed in (1) of this subsection.

(c) An owner or operator shall maintain records in accordance with 18 AAC 78.056(c) documenting compliance with (b) of this section for as long as the UST is used to store the petroleum.

(d) To comply with the requirements of this section, the owner or operator may use the American Petroleum Institute Recommended Practice 1626, Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Service Stations, 2nd Edition August 2010, Errata February 2011, the provisions of which are adopted by reference.

(e) For purposes of this section, "compatible" means that the UST, and any UST lining, is designed to prevent the release or threatened release of the stored substance.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.055 Repairs allowed

(a) The owner or operator of a UST shall ensure that any repairs to the UST will prevent a release caused by manufacturing defects, structural failure, or corrosion while the UST is used to store petroleum. Repairs must meet the following requirements:

(1) repairs must be conducted using a nationally recognized code of practice, and must be conducted by a person certified under this chapter;

(2) repairs to fiberglass-reinforced plastic tanks must be made by the manufacturer's authorized representative or in accordance with a nationally recognized code of practice;

(3) metal pipe sections and fittings that have released petroleum as a result of corrosion or other damage must be replaced;

(4) non-corrodible pipes and fittings must be repaired in accordance with the manufacturer's specifications;

(5) not later than 30 days after the date of completion of the repairs and before the UST is placed back in operation, repairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping must have the secondary containment tested for tightness in accordance with the manufacturer's instructions or a nationally recognized code of practice; all other repairs to tanks and piping must be tested for tightness as required under 18 AAC 78.065(d) and 18 AAC 78.070(c) not later than 30 days after the date of completion of the repairs and before the UST is placed back in operation, except if one of the following test methods is used:

(A) the repaired tank is internally inspected, using a nationally recognized code of practice;

(B) the repaired portion of the UST is monitored monthly for releases, using a method specified in 18 AAC 78.065(e) - (j); or

(C) another test method is used that the department determines to be no less protective of human health and the environment than those listed in (A) and (B) of this paragraph;

(6) within six months after the repair of a cathodically protected UST, the cathodic protection system must be tested as required under 18 AAC 78.045(c) and (e) to ensure that it is operating properly;

(7) not later than 30 days after any repair to spill or overfill prevention equipment, the repaired spill or overfill prevention equipment must be tested or inspected, as appropriate, in accordance with 18 AAC 78.057 to ensure that it is operating properly; and

(8) unless the department approves another procedure, code, or standard it determines to be no less protective of human health and safety and the environment, the owner or operator shall ensure that the following are used, the provisions of which are adopted by reference:

(A) National Fire Protection Association Standard 30, Flammable and Combustible Liquids Code, 2008 Edition;

(B) American Petroleum Institute Recommended Practice 2200, Repairing Crude Oil, Liquefied Petroleum Gas, and Product Pipelines, Fourth Edition, September 2010;

(C) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, Fifth Edition, June 2001;

(D) National Leak Prevention Association Standard 631, Chapters A, B, and C, Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks, 1991;

(E) Steel Tank Institute Recommended Practice R012, Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks, April 2007;

(F) Fiberglass Tank and Pipe Institute RP 2007-2, Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space, 2007; and

(G) Petroleum Equipment Institute Recommended Practice RP1200-12, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, 2012.

(b) The owner or operator shall maintain records of each repair in accordance with 18 AAC 78.056 until the UST is permanently closed or undergoes a change-in-service in accordance with 18 AAC 78.085.

(d) For purposes of this section, after a release has occurred, "repair"

(1) means to correct or restore a UST, or any part of a UST, that routinely contains petroleum, including repairs to the tank vessel, pipes, valves, fillpipes, or vents;

(2) does not include routine maintenance; for purposes of this paragraph, "routine maintenance" means the normal operational upkeep to prevent a UST system from releasing product.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.056 Reporting and recordkeeping requirements

(a) The owner or operator of a UST shall cooperate fully

(1) during inspections, monitoring, and testing conducted by the department, its designee, or a representative of the United States Environmental Protection Agency; and

(2) in response to requests for document submission, testing, and monitoring by the owner or operator under 42 U.S.C. 6991d (sec. 9005 of the Solid Waste Disposal Act).

(b) The owner or operator of a UST shall submit the following information to the department:

(1) the applicable registration information and forms required under AS 46.03.380(b), 46.03.385(d), 46.03.400, and 18 AAC 78.015;

(2) notification for all USTs in accordance with 18 AAC 78.035; the notification includes certification in accordance with 18 AAC 78.025(i) of installation for new USTs and notification in accordance with 18 AAC 78.035(b) when any person assumes ownership of a UST;

(3) notification in accordance with 18 AAC 78.025(d) before installation and notification in accordance with 18 AAC 78.035(g) before a change in configuration;

(4) notification in accordance with 18 AAC 78.050(b) before USTs switch to certain products;

(5) if applicable, reports of all releases including

(A) suspected releases in accordance with 18 AAC 78.200;

(B) spills or overfills in accordance with 18 AAC 78.212;

(D) corrective actions planned or taken, including

(i) initial abatement measures in accordance with 18 AAC 78.230;

(ii) release investigation in accordance with 18 AAC 78.235;

(iii) free product removal in accordance with 18 AAC 78.240;

(iv) soil and groundwater cleanup in accordance with 18 AAC 78.600 - 18 AAC 78.625; and

(v) a copy of the corrective action plan in accordance with 18 AAC 78.250;

(6) notification in accordance with 18 AAC 78.085(a) before permanent closure or change-in-service;

(7) a post-closure notification form in accordance with 18 AAC 78.085(c)(6)(A) after permanent closure or change-in-service;

(8) a notification in accordance with 18 AAC 78.085(c)(6)(B) indicating whether closure requirements were met;

(9) a site assessment in accordance with 18 AAC 78.090 after closure or change-in-service; and

(10) an operations inspection report in accordance with 18 AAC 78.059.

(c) The owner or operator shall maintain the following information for the time period specified in the referenced section unless indicated otherwise in this subsection:

(1) in accordance with 18 AAC 78.025(e)(4) and (f)(3), a corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used;

(2) documentation in accordance with 18 AAC 78.045(f) of operation of corrosion protection;

(3) documentation in accordance with 18 AAC 78.050(c) of compatibility for USTs;

(4) documentation in accordance with 18 AAC 78.030 of UST upgrades and documentation in accordance with 18 AAC 78.055(b) of UST repairs;

(5) documentation in accordance with 18 AAC 78.057(c) of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping;

(6) documentation in accordance with 18 AAC 78.058(b) of periodic walkthrough inspections and documentation in accordance with 18 AAC 78.059 of operations inspection reports;

(7) documentation in accordance with 18 AAC 78.072 of compliance with release detection requirements under 18 AAC 78.060 - 18 AAC 78.072;

(8) results in accordance with 18 AAC 78.085 of any site characterization or site assessment conducted at permanent closure or change-in-service;

(9) documentation in accordance with 18 AAC 78.380 of operator training; and

(10) information about any suspected or confirmed release and corrective actions for as long as the UST is used to store petroleum.

(d) The owner or operator shall keep the records required under this section at the UST site and immediately available for inspection by the department, or shall keep them at a readily available alternative site and provide the records to the department upon request. However, in the case of permanent closure records required under 18 AAC 78.087, the owner or operator may mail closure records to the department if they cannot be kept at the site or at an alternative site.

History

Authority: AS 46.03.020; AS 46.03.380; AS 46.03.400 AS 46.03.365; AS 46.03.395; AS 46.03.405
Eff. 9/27/2018, Register 227

18 AAC 78.057 Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping, and periodic inspection of overfill prevention equipment

(a) The owner or operator of a UST with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping must meet the following requirements to ensure that the equipment is operating properly and will prevent releases to the environment:

(1) spill prevention equipment, such as a catchment basin, spill bucket, or other spill containment device, and containment sumps used for interstitial monitoring of piping must prevent releases to the environment by meeting one of the following requirements:

(A) the equipment must be double-walled and the integrity of both walls must be periodically monitored at a frequency not less than the frequency of the walkthrough inspections described in 18 AAC 78.058; an owner or operator must begin meeting (B) of this paragraph and conduct a test not later than 30 days after discontinuing periodic monitoring of this equipment; or

(B) to ensure that the equipment is liquid-tight, the spill prevention equipment and containment sumps used for interstitial monitoring of piping must be tested at least once every three years by using vacuum, pressure, or liquid testing in accordance with one of the following criteria:

(i) requirements developed by the manufacturer, if the manufacturer has developed requirements;

(ii) a nationally recognized code of practice; or

(iii) requirements determined by the department to be no less protective of human health and the environment than the requirements listed in (i) and (ii) of this subparagraph;

(2) overfill prevention equipment must be inspected at least once every three years; at a minimum, the inspection must ensure that overfill prevention equipment is set to activate at the correct level specified in 18 AAC 78.025(g) and will activate when petroleum reaches that level; inspections must be conducted in accordance with one of the criteria in (1)(B)(i) - (iii) of this subsection; and

(3) to meet the requirements of (1)(B) and (2) of this subsection, an owner or operator shall ensure that one of the following is used:

(A) Petroleum Equipment Institute Recommended Practice RP1200-12, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, 2012, adopted by reference; or

(B) another procedure, code, or standard that is no less protective of human health and safety and the environment and approved by the department.

(b) The owner or operator shall begin meeting the requirements of (a) of this section as follows:

(1) for USTs in use on or before October 13, 2015, the initial spill prevention equipment test, containment sump test, and overfill prevention equipment inspection must be conducted not later than October 13, 2018; and

(2) for USTs brought into use after October 13, 2015, these requirements apply at installation.

(c) The owner or operator shall maintain records as follows, in accordance with 18 AAC 78.056, for spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment:

(1) all records of testing or inspection must be maintained for three years; and

(2) for spill prevention equipment and containment sumps used for interstitial monitoring of piping not tested every three years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored must be maintained for as long as the equipment is periodically monitored.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.058 Periodic operation and maintenance walkthrough inspections

(a) To properly operate and maintain USTs, and not later than October 13, 2018, an owner or operator must meet one of the following requirements:

(1) conduct a walkthrough inspection that, at a minimum, checks the following equipment at the following specified times:

(A) every 30 days, except that spill prevention equipment at USTs receiving deliveries at intervals greater than every 30 days may be checked before each delivery,

(i) the owner or operator shall visually check spill prevention equipment for damage, remove liquid or debris, check for and remove obstructions in the fill pipe, and, for double-walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area; and

(ii) the owner or operator shall check release detection equipment to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present, and the owner or operator shall ensure that records of release detection testing are reviewed and current; and

(B) annually,

(i) the owner or operator shall visually check containment sumps for damage, leaks to the containment area, or releases to the environment, remove liquid in contained sumps, remove debris, and, for double-walled sumps with interstitial monitoring, check for a leak in the interstitial area; and

(ii) the owner or operator shall check hand-held release detection equipment, such as tank gauge sticks or groundwater bailers, for operability and serviceability;

(2) conduct operation and maintenance walkthrough inspections according to a standard nationally recognized code of practice that checks equipment in a manner comparable to the checks required under (1) of this subsection; to meet the requirements of this paragraph, an owner or operator shall ensure that one of the following are used:

(A) Petroleum Equipment Institute Recommended Practice RP 900-08, Recommended Practices for the Inspection and Maintenance of UST Systems, 2008, adopted by reference; or

(B) another procedure, code, or standard that is no less protective of human health and safety and the environment and approved by the department; or

(3) conduct operation and maintenance walkthrough inspections developed by the department that checks equipment in a manner comparable to the checks required under (1) of this subsection.

(b) The owner or operator shall maintain records of operation and maintenance walkthrough inspections in accordance with 18 AAC 78.056. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.059 Operations inspection

(a) Except as provided in (b) and (c) of this section, the owner or operator of a UST system shall have each UST inspected at least every three years to determine compliance with the release detection, spill and overfill prevention, and corrosion protection requirements of this chapter. Each inspection must be performed by an inspector who is certified under 18 AAC 78.410 and must include, as applicable, examination, assessment, testing, and documentation of the following for the UST system inspected:

(1) equipment;

(2) procedures;

(3) operations;

(4) maintenance; and

(5) recordkeeping.

(b) Unless another date is approved under (d) of this section, an initial inspection of each UST at the facility must occur no sooner than April 30 and no later than August 31 of the year specified in the following table:

Initial Inspection Requirements

Last Digit of ADEC

Facility ID NumberFor UST registered

on or before June

1, 2000For UST registered

after June 1, 2000Year Inspection dueYear Inspection Due12000The third calendar

year after registration.220003200042000520016200172001820029200202002

(c) For a UST facility with multiple registration dates, all USTs shall be inspected no later than the earliest applicable date specified in the table in (b) of this section.

(d) ln a geographic area of the state in which obtaining an inspection may cost more because an inspector does not routinely offer services in that area, two or more owners or operators may arrange for an inspector to inspect a group of USTs in that area at the same time. The inspection must be completed on or before the earliest applicable date specified in the table in (b) of this section unless the department grants an extension. The department will grant an extension for a group of tanks under this subsection, upon request, if the department determines that an earlier date is not practicable. The department will not grant an extension beyond the last applicable date specified in the table in (b) of this section for a facility in the group receiving the extension. The department will provide a temporary extension tag, decal, or notice for a UST that receives an extension under this subsection.

(e) An inspection is not required for a tank that is permanently out of service.

(f) A person performing an inspection must be a certified inspector under 18 AAC 78.410 and shall ensure that the inspection conforms to the requirements in 18 AAC 78.455(a)(5).

(g) Not later than 30 days after a satisfactory operations inspection is completed or not later than September 30 of the year the inspection is due, whichever is earlier, the inspector who performed the inspection of the UST system shall provide to the department the results of the inspection on a form provided by the department. The form must be signed by the certified inspector who conducted the inspection and the owner or operator of the UST system.

(h) If, after inspection, the inspector finds that the UST system is not in compliance with this chapter,

(1) the inspector shall notify the owner or operator of non-compliance;

(2) not later than 10 days after the inspection was performed, the inspector shall submit the inspection report to the department;

(3) the department will consider the UST system to be a substandard UST until required repairs are completed in accordance with 18 AAC 78.055;

(4) the department will place the UST on the acceptance, delivery, and deposit prohibition under 18 AAC 78.018(a), and the owner or operator shall return, not later than 60 days after the inspection was performed, the tag, decal, or notice for the UST system to the department, unless

(A) the required repairs have been completed in accordance with 18 AAC 78.055 and the department receives documentation of those repairs; or

(B) the department

(i) receives from the owner or operator a written request accompanied by detailed repair information and a schedule of repairs; and

(ii) grants a temporary deferral under 18 AAC 78.018(c) of any prohibition on the acceptance, delivery, or deposit of petroleum; and

(5) the UST system must be temporarily taken out of service not later than 90 days after the date of inspection, unless the department has granted a temporary deferral under (4) of this subsection and 18 AAC 78.018(c); a substandard UST must be permanently closed under 18 AAC 78.085 not later than 15 months after the date of inspection unless an earlier date is required under 18 AAC 78.080(f).

(i) The owner or operator shall maintain the results of inspections performed under this section for as long as the UST is used to store petroleum.

History

Authority: AS 46.03.020; AS 46.03.380; AS 46.03.400 AS 46.03.365; AS 46.03.385; AS 46.03.405 AS 46.03.375; AS 46.03.395
Eff. 9/27/2018, Register 227

18 AAC 78.060 Release detection requirements for USTs

(a) The owner or operator of a UST shall provide a method, or combination of methods, of release detection that

(1) can detect a release from any portion of the tank and the connected underground piping that routinely contains petroleum;

(2) is installed and calibrated in accordance with the manufacturer's instructions;

(3) meets the performance requirements in 18 AAC 78.065, 18 AAC 78.070, or 18 AAC 78.705, with any performance claims and the manner of determination described in writing by the equipment manufacturer or installer;

(4) is capable of detecting a leak as specified in 18 AAC 78.065(c), (d), (e), (i), or (j), 18 AAC 78.070(b), (c), or (d), or 18 AAC 78.705 with a probability of detection of 95 percent and a probability of false alarm of five percent; and

(5) is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with the manufacturer's instructions, a nationally recognized code of practice, or requirements determined by the department to be no less protective of human health and the environment than the requirements listed in (1) and (2) of this subsection; as follows, the owner or operator shall perform a test of the proper operation at least annually and, at a minimum, as applicable to the facility, shall cover the following components and criteria:

(A) the owner or operator shall test the automatic tank gauge and other controllers, including a test of the alarm, verification of system configuration, and a test of the battery backup;

(B) the owner or operator shall test the probes and sensors, including an inspection for residual buildup, shall ensure that floats move freely, shall ensure that the shaft is not damaged, shall ensure that cables arc free of kinks and breaks, shall test alarm operability and communication with the controller, and shall remove probes from the tank to be properly inspected;

(C) the owner or operator shall test the operation of the automatic line leak detector to meet criteria in 18 AAC 78.070(b) by simulating a leak;

(D) the owner or operator shall test vacuum pumps and pressure gauges to ensure proper communication with sensors and the controller;

(E) the owner or operator shall test hand-held electronic sampling equipment associated with groundwater and vapor monitoring to ensure proper operation; and

(F) to meet the requirements of this paragraph, an owner or operator shall ensure that one of the following is used:

(i) Petroleum Equipment Institute Publication RP1200-12, Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities, 2012, adopted by reference; or

(ii) another procedure, code, or standard that is no less protective of human health and safety and the environment and approved by the department.

(b) When a release detection method operated in accordance with the performance standards in 18 AAC 78.065, 18 AAC 78.070, or 18 AAC 78.700 - 18 AAC 78.705 indicates a release may have occurred, the owner or operator shall notify the department as required under 18 AAC 78.200 - 18 AAC 78.280.

(d) The owner or operator of an existing UST who cannot apply a method of release detection meeting the requirements of this section shall permanently close the UST in accordance with 18 AAC 78.085. For previously deferred USTs described in 18 AAC 78.005 and 18 AAC 78.700 - 18 AAC 78.705, this subsection applies after

(1) October 13, 2018, for a UST described in 18 AAC 78.005(b)(2);

(2) October 13, 2015, for a UST described in 18 AAC 78.005(b)(3); and

(3) October 13, 2018, for a UST described in 18 AAC 78.700(a).

(e) Tanks must be monitored for releases as follows:

(1) tanks installed on or before April 11, 2016 must be monitored for releases at least every 30 days using one of the methods listed in 18 AAC 78.065(e) - (j), except that

(A) USTs that meet the performance standards in 18 AAC 78.025 or 18 AAC 78.030, and that meet the monthly inventory control requirements in 18 AAC 78.065(b) or the manual tank gauging requirements in 18 AAC 78.065(c), may use tank tightness testing in accordance with 18 AAC 78.065(d) at least every five years until October 13, 2025; and

(B) tanks with a capacity of 550 gallons or less and tanks with a capacity of 551 to 1,000 gallons that meet the tank diameter criteria in 18 AAC 78.065(c) may use manual tank gauging in accordance with 18 AAC 78.065(c);

(2) tanks installed on or after July 25, 2012 and before April 11, 2016 and within 1,000 feet of an existing community water system as defined under 18 AAC 80.1990(a), an existing potable water system as defined under 18 AAC 80.1990(a), or a sole source aquifer as defined under 18 AAC 75.990 must be monitored for releases at least every 30 days; and

(3) tanks installed after April 11, 2016 must be monitored for releases at least every 30 days in accordance with 18 AAC 78.065(h).

(f) Underground piping that routinely contains petroleum must be monitored for releases in a manner that meets one of the following requirements:

(1) piping installed on or before April 11, 2016 must meet one of the following requirements:

(A) underground piping that conveys petroleum under pressure must

(i) be equipped with an automatic line leak detector in accordance with 18 AAC 78.070(b); and

(ii) have an annual line tightness test conducted in accordance with 18 AAC 78.070(c) or have monthly monitoring conducted in accordance with 18 AAC 78.070(d); or

(B) underground piping that conveys petroleum under suction must either have a line tightness test conducted at least every three years and in accordance with 18 AAC 78.070(c) or use a monthly monitoring method conducted in accordance with 18 AAC 78.070(d); release detection is not required for suction piping that is designed and constructed to meet the following standards:

(i) the below-grade piping operates at less than atmospheric pressure;

(ii) the below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

(iii) only one check valve is included in each suction line;

(iv) the check valve is located directly below and as close as practical to the suction pump; and

(v) a method is provided that allows compliance with (ii) - (iv) of this subparagraph to be readily determined;

(2) piping installed on or after July 25, 2012 and before April 11, 2016 and within 1,000 feet of an existing community water system as defined under 18 AAC 80.1990(a), an existing potable water system as defined under 18 AAC 80.1990(a), or a sole source aquifer as defined under 18 AAC 75.990 must be monitored for releases at least every 30 days; and

(3) piping installed or replaced after April 11, 2016 must meet one of the following requirements:

(A) piping that conveys petroleum under pressure must be monitored for releases at least every 30 days in accordance with 18 AAC 78.065(h) and be equipped with an automatic line leak detector in accordance with 18 AAC 78.070(b); or

(B) piping that conveys petroleum under suction must be monitored for releases at least every 30 days in accordance with 18 AAC 78.065(h); release detection is not required for suction piping that meets (1)(B)(i) - (v) of this subsection.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.395
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 9/27/2018, Register 227

18 AAC 78.065 Release detection methods for tanks

(a) General requirements. Each method of release detection for tanks that is used to meet the requirements of 18 AAC 78.060 must meet the requirements of this section.

(b) Inventory control. Inventory control must be capable of detecting a release of at least 1.0 percent of flow-through plus 130 gallons monthly. Inventory control must be conducted monthly as follows:

(1) inventory volume measurements are recorded each operating day for petroleum

(A) inputs;

(B) withdrawals; and

(2) the equipment used is capable of measuring the level of petroleum over the full range of the tank's height to the nearest one-eighth of an inch;

(3) at the time of delivery, inputs of petroleum are reconciled with delivery receipts, by measurement of the tank inventory volume before and after delivery;

(4) deliveries are made through a drop tube that extends to within one foot of the tank bottom;

(5) dispensing is metered and recorded within state standards for meter calibration;

(6) at least once a month, the measurement of any water level in the bottom of the tank is made to the nearest one-eighth of an inch;

(7) the information generated under this subsection must be reviewed, analyzed, and certified by signature monthly by the owner or operator; and

(8) to meet the requirements of this subsection, an owner or operator shall ensure that one of the following are used:

(A) practices described in the American Petroleum Institute Recommended Practice RP 1621, Bulk Liquid Stock Control at Retail Outlets, Fifth Edition, May 1993, adopted by reference; or

(B) another procedure, code, or standard that is no less protective of human health and safety and the environment and approved by the department.

(1) tank liquid level measurements must be taken at the beginning and end of a period, using the appropriate minimum duration of test value in Table A of this subsection, during which no liquid is added to or removed from the tank;

(2) level measurements must be based on an average of two consecutive stick readings at both the beginning and ending of the period;

(3) the equipment used must be capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch;

(4) testing must be conducted at least once each week, and the four weekly results must be averaged to obtain a monthly result; a release is suspected and subject to the requirements of 18 AAC 78.200 - 18 AAC 78.280 if the variation between beginning and ending measurements exceeds the weekly or monthly standards in Table A of this subsection; and

(5) owners and operators of tanks with a nominal capacity of 550 gallons or less, and owners and operators of tanks with a nominal capacity of 551 to 1,000 gallons and a tank diameter of 48 or 64 inches may use the method in this subsection as the sole method of release detection; owners and operators of all other tanks with a nominal capacity of 551 to 2,000 gallons may use the method in this subsection in combination with periodic tank tightness testing in place of inventory control in (b) of this section; owners and operators of tanks with a nominal capacity greater than 2,000 gallons may not use the method in this subsection to meet the requirements of this section.

TABLE A

Nominal tank capacity Minimum

duration of

test Weekly

standard

(one test) Monthly

standard

(four test

average) 550 gallons or less36 hours10 gallons5 gallons551 - 1,000 gallons, when tank diameter is 64 inches44 hours9 gallons4 gallons551 - 1,000 gallons, when tank diameter is 48 inches58 hours12 gallons6 gallons551 - 1,000 gallons, when tank diameter is not 48 or 64 inches36 hours13 gallons7 gallons1,001 - 2,000 gallons36 hours26 gallons13 gallons

(d) Tank tightness testing. Tank tightness testing, or another test of equal performance, must be capable of detecting a 0.1 gallon per hour leak rate from any part of a tank, including the associated piping, that routinely contains petroleum, while accounting for the effects of thermal expansion or contraction of the petroleum, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. To satisfy the requirements of this subsection,

(1) the owner or operator may use only tank tightness tests that have been developed and reviewed by a nationally recognized association or third-party testing laboratory and that meet or exceed the criteria for the detection of leaks set out in the United States Environmental Protection Agency's manuals Standard Test Procedures for Evaluating Leak Detection Methods: Volumetric Tank Tightness Testing Methods, March 1990 (EPA/530/UST-90/004), and Standard Test Procedures for Evaluating Leak Detection Methods: Nonvolumetric Tank Tightness Testing Methods, March 1990 (EPA/530/UST-90/005), the provisions of which are adopted by reference;

(2) the tests required under this subsection must be performed by a person certified under this chapter;

(3) the owner or operator shall submit to the department a certified copy of the evaluation results indicating that the criteria have been met or exceeded and a copy of the manufacturer's test protocol;

(4) an owner or operator may use tank tightness testing only if

(A) the UST meets the performance standards set out in 18 AAC 78.025 or 18 AAC 78.030; and

(B) the owner or operator complies with the monthly inventory control requirements set out in (b) of this section or the manual tank gauging requirements set out in (c) of this section;

(5) if tank tightness testing is used, the test must be conducted every five years for 10 years after the tank is installed or upgraded, whichever is later;

(6) the combination of tank tightness testing and either inventory control or manual tank gauging is a temporary release detection method and may not be used for more than the period of time indicated in 18 AAC 78.060(e)(1)(A); after that period, a permanent monthly release detection method must be used; and

(7) the department may disapprove a tank tightness test or testing system under this subsection if the

(A) test or testing system fails to disclose leaks that fall within the boundaries of the criteria stated in this subsection; or

(B) tester is not certified by the manufacturer of the test or testing system.

(e) Automatic tank gauging. Equipment for automatic tank gauging that tests for the loss of petroleum and conducts inventory control must meet the following requirements:

(1) the automatic product level monitor test must be able to detect a 0.2 gallon per hour leak rate from any part of the tank that routinely contains petroleum and a release of 150 gallons within a 30-day period;

(2) the automatic tank gauging equipment must meet the inventory control, or other test of equivalent performance, requirements of (b)(6) of this section; and

(3) the test must be performed with the system operating in one of the following modes:

(A) in-tank static testing conducted at least once every 30 days; or

(B) continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once every 30 days.

(f) Soil gas vapor monitoring. Vapor monitoring may be used only at certain sites and only with department approval. The department will, in its discretion, approve the testing or monitoring of soil gas vapors in the excavation zone if the following requirements are met:

(1) material used as backfill is sufficiently porous to readily allow diffusion of vapors from a release into the excavation area; for purposes of this paragraph, gravel, sand, or crushed rock are "sufficiently porous" materials;

(2) the stored petroleum, or a tracer compound placed in the tank system, is sufficiently volatile to result in a vapor level that is detectable by the monitoring devices located in the excavation zone if a release from the tank occurs; for purposes of this paragraph, gasoline is "sufficiently volatile;"

(3) the measurement of vapors by the monitoring device is not rendered inoperative by groundwater, rainfall, soil moisture, other local climatological, geologic, or hydrogeologic conditions, or other known interference so that a release could go undetected for more than 30 days;

(4) the level of background contamination in the excavation zone will not interfere with the method used to detect a release from the tank;

(5) the vapor monitors are designed and operated to detect any significant increase in concentration above background of

(A) petroleum stored in the tank system;

(B) a component or components of the petroleum; or

(6) the UST excavation zone is assessed as required by 18 AAC 78.090 to

(A) ensure compliance with (1) - (4) of this subsection; and

(B) establish the number and positioning of observation wells that will detect a release within the excavation zone from any part of a tank that routinely contains petroleum; and

(7) observation wells are clearly marked and secured to avoid unauthorized access and tampering.

(g) Groundwater monitoring. Groundwater monitoring may be used with department approval. Testing or monitoring for liquids in the groundwater must meet the following requirements:

(1) the petroleum stored must be immiscible in water and must have a specific gravity of less than one;

(2) groundwater may not be, at any point, more than 20 feet from the ground surface and the hydraulic conductivity of the soil between the UST and the monitoring wells or devices may not be less than 0.01 centimeters per second;

(3) the slotted portion of the monitoring well casing must be designed to prevent migration of natural soils or filter pack into the well and to allow entry of petroleum on the water table into the well under both high and low groundwater conditions;

(4) monitoring wells must be sealed from the ground surface to the top of the filter pack;

(5) monitoring wells or devices must intercept the excavation zone or be as close to it as is technically feasible;

(6) the continuous monitoring devices or manual methods used must be able to detect the presence of at least one-eighth of an inch of free product on top of the groundwater in the monitoring wells;

(7) within and immediately below the UST excavation zone, the site must be assessed to ensure compliance with the requirements in (1) - (5) of this subsection and to establish the number and positioning of monitoring wells or devices that will detect releases from any portion of the tank that routinely contains product; and

(8) monitoring wells must be clearly marked and secured to avoid unauthorized access and tampering.

(h) Interstitial monitoring. Interstitial monitoring between the UST or pipe and a secondary barrier immediately around or beneath the UST or pipe may be used only if the system

(1) is designed, constructed, and installed to detect a leak from any part of a tank or pipe that routinely contains petroleum; and

(2) meets one of the following requirements:

(A) for a double-walled UST, including piping, the sampling or testing method is capable of detecting a release through the inner wall in any part of a tank or pipe that routinely contains petroleum;

(B) for a UST with a secondary barrier within the excavation zone, the sampling or testing method used is capable of detecting a release between the UST and the secondary barrier as follows:

(i) the secondary barrier around or beneath the UST consists of artificially constructed material that is sufficiently thick and impermeable to direct a release to the monitoring point and permit its detection; for purposes of this clause, "sufficiently thick and impermeable" means have a permeability of at least 10-6 cm/sec for the petroleum stored;

(ii) the barrier is compatible with the petroleum stored so that a release from the UST will not cause a deterioration of the barrier and allow a release to pass through undetected;

(iii) for a cathodically protected tank, the secondary barrier must be installed so that it does not interfere with proper operation of the cathodic protection system;

(iv) groundwater, soil moisture, or rainfall will not render the testing or sampling method inoperative so that a release could go undetected for more than 30 days;

(v) the site is assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year floodplain, unless the barrier and monitoring designs are for use under those conditions; and

(vi) monitoring wells are clearly marked and secured to avoid unauthorized access and tampering; or

(C) for a tank with an internally fitted liner, an automated device is capable of detecting a release between the inner wall of the tank and the liner, and the liner is compatible with the substance stored.

(i) Statistical inventory reconciliation. Third-party reviewed and certified release detection methods based on the application of statistical principles to inventory data similar to those described in (b) of this section must meet the following requirements:

(1) the release detection methods must be capable of detecting a leak rate of 0.2 gallons per hour or a release of 150 gallons not later than 30 days;

(2) the release detection methods must use a threshold that does not exceed one-half the minimum detectible leak rate; and

(3) the release detection methods must report a quantitative result with a calculated leak rate.

(j) Other methods. Any other type of release detection method, or combination of such other methods, may be used with prior approval, if the method or combination of methods can, for volumetric release detection methods, detect a 0.2 gallon per hour leak rate or a release of 150 gallons in a 30-day period with a probability of detection of 95 percent and a probability of a false alarm of five percent. For non-volumetric release detection methods, the department may approve another method of release detection not described in (d) - (i) of this section, if the owner or operator shows that the method can detect a release as effectively as any of the methods allowed in (d) - (i) of this section. In comparing methods, the department will consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner or operator shall comply with any conditions imposed by the department on its use to ensure the protection of human health and safety and the environment.

(k) Certification of performance standards. The National Work Group on Leak Detection Evaluations' List of Leak Detection Evaluations for Storage Tank Systems, 17th Edition, January 11, 2010 shall be used to determine compliance with the applicable performance standards for automatic tank gauging, statistical inventory reconciliation, tightness testing, electronic interstitial monitoring, and automatic line leak detectors. The List of Leak Detection Evaluations for Storage Tank Systems, 17th Edition, January 11, 2010, is adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 6/25/99, Register 150; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.070 Release detection methods for piping

(a) General requirement. Each method of release detection for piping used to meet the requirements of 18 AAC 78.060 must be conducted as required by this section.

(b) Automatic line leak detection. An automatic leak detection method that alerts the operator to the presence of a leak by restricting or shutting off the flow of petroleum through piping or by triggering an audible or visual alarm may be used only if that method is capable of detecting a leak of three gallons per hour at 10 pounds per square inch line pressure within one hour. An annual test of the operation of the leak detector must be conducted in accordance with 18 AAC 78.060(a)(5). A stand-alone sump sensor is not sufficient to meet this requirement.

(c) Line tightness testing. A periodic tightness test of piping may be conducted only if the tightness test is capable of detecting a 0.1 gallon per hour leak rate at one and one-half times the line's normal operating pressure. The test must be performed by a person certified under this chapter. Where a line leak detector is installed on the piping that has the same leak detection capability as the tightness test specified in 18 AAC 78.065(d), the tightness test may be omitted.

(d) Applicable tank methods. Except as described in 18 AAC 78.060(e), any monitoring method set out in 18 AAC 78.065(f) - (j) may be used if that method is designed to detect a release from any part of the underground piping that routinely contains petroleum and that method is used monthly.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 9/27/2018, Register 227

18 AAC 78.072 Release detection recordkeeping

(a) The owner or operator of a UST shall maintain records in accordance with 18 AAC 78.056 demonstrating compliance with all applicable requirements of this section. The records must include the information required under this section.

(b) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, must be maintained for five years from the date of installation or as long as the release detection system is in service, whichever period is longer. Records of site assessments required under 18 AAC 78.065(f)(6) and (g)(7) must be maintained for as long as the methods are used. Records of site assessments must be signed by a qualified environmental professional.

(1) the results of annual operation tests conducted in accordance with 18 AAC 78.060(a)(5) must be maintained for three years; at a minimum, the results must list each component tested, indicate whether each component tested meets criteria in 18 AAC 78.060(a)(5) or needs to have action taken, and describe any action taken to correct an issue;

(2) the results of tank tightness testing conducted in accordance with 18 AAC 78.065(d) must be retained until the next test is conducted; and

(3) the results of tank tightness testing, line tightness testing, and vapor monitoring using a tracer compound placed in the tank system conducted in accordance with 18 AAC 78.705(d) must be retained until the next test is conducted.

(d) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on site must be maintained for at least one year after the servicing work is completed. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer must be retained for five years from the date of installation.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.075 Release detection monitoring requirements

Repealed.

History

Eff. 3/25/91, Register 118; am 11/3/95, Register 136; repealed 1/30/2003, Register 165

18 AAC 78.080 Temporary closure

(a) If a UST is temporarily closed, an owner or operator shall notify the department on a form supplied by the department and shall continue operation and maintenance of corrosion protection in accordance with 18 AAC 78.045 and any release detection in accordance with 18 AAC 78.060 - 18 AAC 78.072 and 18 AAC 78.700 - 18 AAC 78.705.

(b) If a release is suspected or confirmed during the temporary closure, the applicable requirements of 18 AAC 78.200 - 18 AAC 78.280 must be met.

(c) Release detection and release detection operation, maintenance testing, and inspections are not required if the UST is empty and taken out of service and the owner or operator submits to the department an Empty Tank Affidavit form, adopted by reference in 18 AAC 78.015(d). The UST is empty when all materials have been removed using commonly employed practices so that not more than 2.5 centimeters (one inch) of residue, or 0.3 percent by weight of the total capacity of the UST, remain in the system. In addition, spill and overfill operation and maintenance testing and inspections are not required.

(d) If a UST is temporarily closed for three months or longer, the owner or operator shall

(1) leave vent lines open and functioning; and

(2) cap and secure all other lines, pumps, manways, and ancillary equipment.

(e) A substandard UST may be temporarily closed or temporarily taken out of service for more than 12 months only with department approval. The department may grant approval under this subsection only if

(1) the UST meets the performance standards in 18 AAC 78.025 for a new UST, or the upgrading requirements of 18 AAC 78.030, except that the spill and overfill equipment requirements of 18 AAC 78.030(f) need not be met; and

(2) a site assessment is completed as required by 18 AAC 78.090.

(f) Unless the department has approved temporary closure or temporary taking out of service for more than 12 months under (e) of this section, the owner or operator shall

(1) after 12 months permanently close a substandard UST as required by 18 AAC 78.085; and

(2) complete a site assessment as required by 18 AAC 78.090.

(g) No person may use temporary closure to avoid the upgrading requirements of 18 AAC 78.030.

(h) The owner or operator of a UST that is temporarily closed on a seasonal basis, because of weather or other seasonal conditions, may apply to the department for a waiver under this section. No waiver will be granted for the requirements of (b) or (d) of this section.

(i) An owner or operator of a UST that is temporarily closed or temporarily taking out of service shall maintain financial responsibility as required in 18 AAC 78.910.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.085 Permanent closure and change-in-service

(a) At least 15 days, but not more than 60 days, before beginning permanent closure under (c) of this section or a change-in-service under (d) of this section, the owner or operator shall notify the department, in writing, on a form provided by the department. The department will waive the minimum 15-day notification period if the owner or operator demonstrates that meeting the notification deadline would prevent the project from being completed or would be detrimental to human health or safety or to the environment. The owner or operator shall report a change in the stated date of closure or change-in-service to the department office in Anchorage at least three days before the scheduled closure or change-in-service. If closure does not occur within 60 days after the date given in the notice, the owner or operator shall submit a new notice to the department, indicating the actual closure date. The requirements of this subsection do not apply if

(1) the closure or change-in-service is in response to corrective action under 18 AAC 78.200 - 18 AAC 78.240; in that case, notification is as specified in 18 AAC 78.200 - 18 AAC 78.240; or

(2) a UST is taken out of service or closed because of an emergency; in that case, the owner or operator shall notify the

(A) department within 24 hours; and

(B) applicable local government and fire department; the owner or operator might be subject to additional requirements imposed by those agencies.

(b) A site characterization and assessment, if required, must be performed in accordance with 18 AAC 78.090 after notifying the department, local government, and fire department, but before completion of permanent closure or change-in-service.

(1) empty and clean it by removing all liquids and accumulated sludge;

(2) describe in the notice required under (a) of this section the intended method for disposal of the liquid and accumulated sludge;

(3) remove from the ground all tanks and associated piping taken out of service permanently, fill them with an inert or solid material, or close them in place in a manner approved by the department; a permanently closed UST or a UST associated with a known release must be removed from the ground unless the department allows the tank to remain in place with a professional engineer's signed statement that removal of the tank would endanger existing structures; the resulting excavation must be investigated and corrective action completed as required under 18 AAC 78.230 - 18 AAC 78.280 and 18 AAC 78.600 - 18 AAC 78.625; the owner or operator shall document the name of the disposal firm, the disposal method, and the disposal location for all liquids, sludges, and UST components, including tanks, piping, and equipment;

(4) conduct a site characterization in accordance with 18 AAC 78.090;

(5) conduct either a site assessment or a release investigation in accordance with 18 AAC 78.090 and 18 AAC 78.235; and

(6) not later than 30 days after closure,

(A) submit a completed post-closure notice;

(B) notify the department as to whether all applicable local, state, and federal closure requirements were met; and

(d) Continued use of a UST to store a substance other than petroleum, or to store heating oil for consumptive use on the premises as the sole use of the UST, is a change-in-service. The owner or operator shall,

(1) before a change in service,

(A) empty and clean the tank by removing all liquid and accumulated sludge;

(B) conduct a site characterization as prescribed in 18 AAC 78.090;

(D) describe in the notice required under (a) of this section the intended method for disposal of the liquid and accumulated sludge; and

(2) not later than 30 days after the change-in-service, submit a completed post-closure notice and comply with 18 AAC 78.090 and 18 AAC 78.210, if applicable.

(e) Repealed 9/27/2018.

(f) Repealed 9/27/2018.

(g) The following UST cleaning and closure procedures, the provisions of which are adopted by reference, must be used to comply with this section, unless the department, in its discretion, approves an alternate procedure determined by the department to be no less protective of human health and safety and of the environment:

(1) American Petroleum Institute Recommended Practice 1604, Closure of Underground Petroleum Storage Tanks, Third Edition, 1996;

(2) American Petroleum Institute Standard 2015-2001, Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks, Sixth Edition, August 2001, reaffirmed May 1, 2006;

(3) American Petroleum Institute Standard 1631, Interior Lining and Periodic Inspection of Underground Storage Tanks, Fifth Edition, June 2001; and

(4) New England Interstate Water Pollution Control Commission, Tank Closure Without Tears: An Inspector's Safety Guide, 1988.

(h) The owner or operator of a UST installed or in service after January 1, 1974, and taken out of service after that date, shall notify the department that the UST was taken out of service by completing and returning a notification form available from the department. If a UST is permanently closed under this section, the owner or operator shall return, not later than 30 days after the UST is permanently closed, all tags issued to that UST.

(i) If the owner or operator of a UST that was closed between December 22, 1988 and September 5, 1990 reported the closure to the department as required by 40 C.F.R. 280.71, as that provision was set out in 1994, that closure notification fulfills the requirements of (h) of this section.

History

Authority: AS 46.03.020Sec. 5, ch. 96,Sec. 7, ch. 96, AS 46.03.365SLA 1990SLA 1990 AS 46.03.395
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 9/27/2018, Register 227

18 AAC 78.086 Applicability to previously closed USTs

If the department determines that a release from a UST that was permanently closed before December 22, 1988 might pose a current or potential threat to human health, safety, or the environment, the department will direct the owner or operator of the UST to assess the site as required under 18 AAC 78.090 and to close the UST as required under 18 AAC 78.085.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.087 Closure records

The owner or operator shall maintain records in accordance with 18 AAC 78.056 that are capable of demonstrating compliance with closure requirements under this section. The results of the site characterization or assessment required in 18 AAC 78.090 must be maintained for at least three years after completion of a permanent closure or change-in-service in one of the following ways:

(1) by the owner or operator who took the UST out of service;

(2) by the current owner or operator of the UST site; or

(3) by mailing these records to the department if they cannot be maintained at the closed facility.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.395
Eff. 9/27/2018, Register 227

18 AAC 78.088 Qualified environmental professionals and qualified samplers

(a) An owner or operator shall ensure that a qualified environmental professional

(1) conducts or supervises the collection of field data and the interpretation and reporting of site characterization and site assessment data required under 18 AAC 78.090(e);

(2) conducts or supervises the collection and interpretation of field data and the reporting of release investigation data required under 18 AAC 78.235(b);

(3) prepares a corrective action plan required under 18 AAC 78.250;

(4) prepares an interim cleanup activities cost estimate, if the estimate is part of a corrective action plan prepared under 18 AAC 78.250;

(5) conducts or supervises sampling and analysis required under 18 AAC 78.27 l (a)(3), or that a qualified sampler performs sampling described in 18 AAC 78.271(a)(3) if the department approves the use of a qualified sampler under 18 AAC 78.271(a)(3);

(6) prepares a post-treatment sampling and analysis plan required under 18 AAC 78.273(a)(1)(C);

(7) conducts, under 18 AAC 78.275(a), soil and groundwater sampling for a release investigation or associated with a corrective action;

(8) prepares a final corrective action report required under 18 AAC 78.276(a);

(9) conducts or supervises the collection, interpretation, and reporting of data under 18 AAC 78.600;

(10) prepares and signs a report to justify a request for a waiver under 18 AAC 78.930.

(b) For purposes of this chapter, an individual is a qualified environmental professional if the individual

(1) is an impartial third party;

(2) is qualified to perform site characterization and cleanup activities, including

(A) fate and transport analysis;

(B) remediation design; and

(3) actively practices in the field of environmental science or another related scientific field;

(4) has not been found to have falsified environmental data or committed other acts of fraud directly related to environmental work; and

(5) meets one or more of the following minimum educational qualification and experience requirements:

(1) is an impartial third party;

(2) collects samples of environmental media for laboratory analysis; in this paragraph, "environmental media"

(A) includes soil, groundwater, and surface water;

(B) does not include air or soil gas;

(3) has not been found to have falsified environmental data or committed other acts of fraud directly related to environmental work;

(4) has successfully completed

(B) an environmental sampling training program recognized by the department; and

(d) In this section, "another related scientific field" includes engineering, geology, physical science, hydrology, biology, and chemistry.

History

Authority: AS 46.03.020; AS 46.03.405; AS 46.04.020 AS 46.03.050; AS 46.03.710; AS 46.04.070 AS 46.03.365; AS 46.03.740; AS 46.09.020 AS 46.03.375; AS 46.03.745 AS 46.03.380; AS 46.03.822
Eff. 6/17/2015, Register 214

18 AAC 78.090 Site characterization and assessment

(a) When performing permanent closure or a change-in-service, the owner or operator shall complete a site characterization, and depending on the results of the site characterization, perform a site assessment or a released investigation.

(b) A site characterization must include one or more of the following:

(1) a visual inspection of the site;

(2) photographs documenting the site;

(3) surface or subsurface soil and water sampling and analytical testing;

(4) personal interviews; and

(5) data review.

(1) not occurred, the owner or operator shall perform a site assessment in accordance with (d) of this section; or

(2) occurred, or is likely to have occurred, the owner or operator shall proceed with corrective action under 18 AAC 78.200 - 18 AAC 78.280, including release notification and release investigation.

(d) A site assessment, if conducted, must be conducted as follows:

(1) the site assessment must include an evaluation of the UST site to

(A) check for obvious leaks at the dispensers and at exposed pumps and piping;

(B) check for obvious soil or water contamination caused by a release or leakage from a UST;

(D) determine the

(i) general nature of the stored substance;

(ii) general nature of the subsurface soils; and

(iii) estimated depth to groundwater; and

(2) the site assessment must include the collection of soil samples; the number and location of samples collected is determined as follows:

(A) for an in-place assessment

(i) of an individual tank that occupies a surface area less than 250 square feet, at least two borings or test pits must be placed within five feet of the tank, each at the midpoint along two sides of an imaginary rectangle drawn around the tank, with one of the borings or pits located on the side parallel to the end of the tank that has the fill point and the second boring or pit located on the side parallel to the length of the tank where contamination is most likely to be present, as determined by field screening conducted as required by the UST Procedures Manual;

(ii) of an individual tank that occupies a surface area equal to or greater than 250 square feet, at least two borings or test pits must be placed within five feet of the tank, as required under (i) of this subparagraph; one additional sample must be collected for each additional 250 square feet of surface area, or portion thereof over the initial 250 square feet, at points where contamination is most likely to be present, as determined by field screening conducted as required by the UST Procedures Manual; for example, if the total surface area is 1270 square feet, five additional samples are required;

(iii) of multiple tanks, the borings or test pits for each tank must be placed according to (i) or (ii) of this subparagraph, as applicable; the same boring or test pit may be used to satisfy the requirements applicable to more than one tank, if that boring or test pit meets the requirements for each tank separately;

(iv) of dispensing areas, at least one boring or test pit must be placed adjacent to any UST dispensing equipment; if multiple dispensers exist on a common dispensing island, then one boring or test pit may be placed at the midpoint between the dispensers; if multiple dispensing islands exist, then additional borings or test pits are required at each island; if a canopy exists in a configuration that prevents excavating or boring equipment from operating adjacent to the dispensers or dispenser islands, samples may be collected as close as possible to the dispenser islands;

(v) of in-place piping, at least one boring or test pit must be placed adjacent to the piping at points where contamination is most likely to be present, as determined by field screening conducted as required by the UST Procedures Manual;

(vi) soil samples for assessments under this subparagraph must be collected from each boring or test pit at an elevation that is below, and within two feet of, the tank bottom and that is within two feet below the lowest point of the piping for the UST dispensing equipment; and

(vii) in this subparagraph, "surface area" is the sum of the tank length plus five feet multiplied by the sum of the tank diameter, or width for square tanks, plus five feet;

(viii) all excavated soil must be assessed for levels of contamination to include field screening and analytical samples taken and tested in accordance with the UST Procedures Manual;

(B) for assessment of a closure by removal

(i) of an individual tank with an excavated pit area less than 250 square feet, at least two samples must be collected from two different positions in the pit area, with position one on the longitudinal axis, centered between the ends of the tank, underneath where the tank was located, and position two on the longitudinal axis, underneath where the tank was located, where contamination is most likely to be present, as determined by field screening conducted as required by the UST Procedures Manual, but not including position one;

(ii) of an individual tank with an excavated pit area equal to or greater than 250 square feet, at least two samples must be collected from the pit area, as required under (i) of this subparagraph; one additional sample must be collected for each additional 250 square feet of pit area, or portion thereof over the initial 250 square feet, at points where contamination is most likely to be present, as determined by field screening conducted as required by the UST Procedures Manual; for example, if the total pit area is 1270 square feet, five additional samples are required;

(iii) of multiple tanks, by taking the samples for each excavated pit area according to (i) or (ii) of this subparagraph, as applicable; the same sample location may be used to meet the requirements applicable to more than one tank, if that sample location meets the requirements for each tank separately;

(iv) of dispensing areas, at least one sample must be collected where the dispenser had been located;

(v) of piping trenches, at least one sample must be taken at points along the piping trench where contamination is most likely to be present;

(vi) soil samples for assessments under this subparagraph must be selected from native soils located at an elevation that is below, and within two feet of the bottom of, the excavated pit area and that is within two feet below the lowest point of the piping for the UST dispensing equipment; and

(vii) in this subparagraph, "the excavated pit area" is determined by the amount of ground surface that was excavated;

(viii) all excavated soil must be assessed for levels of contamination to include field screening and analytical samples taken and tested in accordance with the UST Procedures Manual;

(D) if the borings or test pits cannot be placed or if samples cannot be collected in the manner described in (A) and (B) of this paragraph, any alternative sample location plans must be approved by the department; and

(E) if the tank or associated piping will be removed as part of closure activities, the minimum site assessment sampling for the portion of the UST system removed must be conducted as provided in (B) of this paragraph;

(3) if groundwater is encountered while undertaking the requirements of this subsection and the groundwater prevents the collection of representative soil samples as required in (2) of this subsection, then

(A) soil samples must be collected within the first six inches of the vadose zone above the zone of seasonal water table fluctuation as close as possible to the locations described in (2) of this subsection; and

(B) for the removal of an individual tank, soil samples must be collected from the walls of the excavation next to the ends of the tank at the soil/water interface; for the removal of multiple tanks from the same pit area, soil samples must be collected from each of the four walls of the excavation at the soil/water interface;

(4) if groundwater or the seasonal high water table is known or suspected to exist at a depth from the surface to within five feet below the bottom of the tank, then

(A) at least one boring or test pit must reach groundwater or the zone of seasonal water table fluctuation in an undisturbed portion of the excavation pit area or adjacent to the excavation; and

(B) at least one soil sample must then be collected from the first six inches of groundwater-saturated soil or the zone of seasonal water table fluctuation in accordance with the UST Procedures Manual; and

(5) within 60 days after closure or a change-in-service, the owner or operator shall provide to the department a site assessment report that includes a compilation of the information collected and results obtained under (1) - (4) of this subsection and

(A) the owner's name and address;

(B) the operator's name and address, if different from the owner;

(i) subdivision lot, block, or tract information; or by section lot, tax lot, or government lot number; or

(ii) meridian, township, range, section, and nearest quarter section locations within the section if the location cannot be described under (i) of this subparagraph;

(D) the UST registration number assigned by the department;

(E) the name and business address of each person who supervised the site assessment;

(F) a site sketch that approximately shows

(i) the location and configuration of tanks and piping;

(ii) the sample locations, including depth below grade;

(iii) the proximity to property, buildings, and residences;

(iv) any sites where a release has occurred;

(v) any sites where free product has been or is located;

(vi) the facility and property boundaries;

(vii) a bar scale and north arrow; and

(viii) any other pertinent information;

(G) a narrative description of activities conducted at the site and the dates the activities occurred;

(H) any historical information encountered during the assessment regarding a previous release, repair, spill, or corrective action; and

(I) the data report required in the UST Procedures Manual, Section 8.4.

(e) The collection of field data and the interpretation and reporting of site characterization and site assessment data must be conducted or supervised by a qualified environmental professional in accordance with the UST Procedures Manual.

(f) Repealed 6/17/2015.

(g) Laboratory analyses submitted to fulfill the requirements of this section must be performed by a laboratory approved by the department under 18 AAC 78.800 - 18 AAC 78.815.

(h) The owner or operator shall use the analytical methods set out in Table 1, Chapter 2 of the UST Procedures Manual for site assessment analysis.

(i) Repealed 1/30/2003.

(j) Further investigation is not required if

(1) the assessment, observations, and investigations of the UST site indicate that a release has not occurred; and

(2) the results of sample analysis indicate that

(A) groundwater cleanup levels in 18 AAC 75.345 are not exceeded at the UST site;

(B) surface water quality standards in 18 AAC 70.020(b) are not exceeded at the UST site; and

(k) If contaminated soil, petroleum vapor, contaminated surface water, or contaminated groundwater is discovered during a site assessment, or at any other time, the owner or operator shall proceed with corrective action under 18 AAC 78.200 - 18 AAC 78.280, including release notification and release investigation.

History

Authority: AS 46.03.020; AS 46.03.380 AS 46.03.365; AS 46.03.405
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/25/99, Register 150; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 6/17/2015, Register 214; am 7/1/2017, Register 222

18 AAC 78.095 Applicability to previously closed UST systems

Repealed.

History

Eff. 3/25/91, Register 118; repealed 9/27/2018, Register 227

18 AAC 78.100 Inspection, reporting, and recordkeeping requirements

Repealed.

History

Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/25/99, Register 150; am 8/15/99, Register 151; am 1/30/2003, Register 165; repealed 9/27/2018, Register 227

Article 2 Corrective Action for Leaking Underground Storage Tanks

18 AAC 78.200 Investigating and reporting a suspected release

(a) If a release of petroleum is suspected, the owner or operator of the UST shall investigate the UST site using methods required under 18 AAC 78.210 and report to the department within the period specified for any of the following conditions:

(1) not later than 24 hours after the owner, operator, or another person discovers released petroleum at the UST site or in the surrounding area, including the presence of free product, soil contamination, surface water or groundwater contamination, or the presence of vapors in soils, basements, sewer or utility lines, or nearby surface water or groundwater;

(2) not later than seven days after the owner, operator, or another person observes unusual operating conditions, including the erratic behavior of dispensing equipment, the sudden loss of petroleum from the UST, an unexplained presence of water in the tank, or liquid in the interstitial space of secondary containment systems, unless

(A) the system equipment or component is found not to be releasing petroleum to the environment;

(B) any defective system equipment or component is immediately repaired; and

(C) for secondary containment systems, except as provided for in 18 AAC 78.065(h)(2)(B)(iv), any liquid in the interstitial space is immediately removed; however, liquid used as part of the interstitial monitoring system, such as a system that uses a brine-filled interstitial space, need not be removed; and

(3) not later than seven days after monitoring results, including investigation of an alarm, from a release detection method required under 18 AAC 78.060 indicate a release may have occurred unless

(A) the monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result;

(B) in the case of inventory control described in 18 AAC 78.065(b), a second month of data does not confirm the initial result or the investigation determines that no release has occurred;

(i) except as provided for in 18 AAC 78.065(h)(2)(B)(iv), any liquid in the interstitial space is immediately removed; however, liquid used as part of the interstitial monitoring system, such as a system that uses a brine-filled interstitial space, need not be removed; and

(ii) any defective system equipment or component is immediately repaired or replaced; or

(D) the alarm was investigated and determined to be a non-release event, such as a power surge or a result of filling the tank during release detection testing.

(b) The department will, in its discretion, require the owner or operator of a UST system to investigate for a release of petroleum as required by 18 AAC 78.210 to determine if a UST is the source of off-site impacts. For purposes of this subsection, "off-site impacts" include the discovery of free product, soil contamination, surface water or groundwater contamination, or the presence of vapors in soils, basements, sewer and utility lines, or nearby surface water or groundwater as directly observed by the department or brought to the department's attention by another person.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/30/2003, Register 165; am 9/27/2018, Register 227

18 AAC 78.210 Release investigation and confirmation steps

(a) General investigative requirements. Unless corrective action is taken under 18 AAC 78.220 - 18 AAC 78.270, the owner or operator of a UST shall immediately investigate and confirm the suspected release of petroleum requiring reporting under 18 AAC 78.200 within seven days by conducting either a site assessment under 18 AAC 78.090 or a system test as described in this section. The department may require both a site assessment and a system test. The department may grant a written request for an extension of the seven-day time period.

(b) System test. The owner or operator shall conduct a test according to the requirements for tightness testing in 18 AAC 78.065(d) and 18 AAC 78.070(c) or, as appropriate, secondary containment testing described in 18 AAC 78.055(a)(5). The following apply to the systems test:

(1) the test must determine whether

(A) a leak exists in that portion of the tank that routinely contains petroleum or the attached delivery piping; or

(B) a breach of either wall of the secondary containment has occurred;

(2) if the test confirms a leak into the interstice or a release, the owner or operator shall repair, upgrade, or close the UST; in addition, the owner or operator shall begin corrective action in accordance with 18 AAC 78.220 - 18 AAC 78.270 if the test results for the system, tank, or delivery piping indicate that a release exists;

(3) further investigation is not required if the test results for the system, tank, and delivery piping do not indicate that a release exists and if environmental contamination is not the basis for suspecting a release; and

(4) the owner or operator shall conduct a site assessment as described in 18 AAC 78.090 if the test results for the system, tank, and delivery piping do not indicate that a release exists but environmental contamination is the basis for suspecting a release.

(c) Site Assessment. If a site assessment conducted under (a) of this section indicates that a release has occurred, the owner or operator shall conduct a release investigation under 18 AAC 78.235 and begin corrective action as required by 18 AAC 78.220 - 18 AAC 78.280. No further investigation is required if

(1) the site assessment indicates that a release has not occurred;

(2) observations and investigations indicate that free product is not present; and

(3) test results indicate that

(A) groundwater cleanup levels in 18 AAC 75.345 are not exceeded at the UST site;

(B) surface water quality standards in 18 AAC 70.020(b) are not exceeded at the UST site; and

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 9/27/2018, Register 227

18 AAC 78.212 Reporting and cleanup of spills and overfills

The owner or operator of a UST must contain and immediately clean up a spill or overfill, report to the department, and begin corrective action in accordance with 18 AAC 78.220 - 18 AAC 78.280,

(1) as soon as the person has knowledge of a release that is known or suspected to be 55 gallons or more;

(2) not later than 24 hours after the person has discovered soil or water contamination, by direct observation, through site characterization or assessment under 18 AAC 78.090, or through any other means, of

(A) a belowground release from the UST in any amount;

(B) an aboveground release to land in excess of 10 gallons; or

(C) an aboveground release to water of the state if the release causes a sheen or discoloration of the water surface; and

(3) not later than seven days after discovering a release of less than 10 gallons to land, or a release of less than one-half pint to water.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.775
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 9/29/2018, Register 227

18 AAC 78.220 Initial response

(a) Upon confirmation of a release in accordance with 18 AAC 78.210 or after a release from the UST is identified in any other manner, the owner or operator of a UST shall report the release as specified under 18 AAC 78.212 and perform the following initial response actions not later than 24 hours after discovery of a release:

(1) the owner or operator shall take immediate action to prevent any further release of the petroleum into the environment, including removal of the petroleum from the UST if removal is necessary to meet the requirements of this paragraph; and

(2) the owner or operator shall identify and mitigate any fire, explosion, or vapor hazard.

(b) Unless directed to do otherwise by the department, the owner or operator shall conduct initial abatement, release investigation, and corrective action as required under 18 AAC 78.230 - 18 AAC 78.270.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.755
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 9/27/2018, Register 227

18 AAC 78.230 Initial abatement measures and site assessment

Unless directed in writing by the department to do otherwise, the owner or operator of a UST with a release of petroleum confirmed in accordance with 18 AAC 78.210 shall perform the following abatement and containment measures after meeting the requirements of 18 AAC 78.220:

(1) the owner or operator shall cease using the system and remove the petroleum from the UST not later than seven days after the release to prevent further release of petroleum to the environment, unless the petroleum has already been removed in accordance with 18 AAC 78.220(a)(1); the UST may not be refilled until the system is repaired, replaced, or upgraded so that a further release cannot occur;

(2) the owner or operator shall visually inspect any aboveground release or exposed belowground release and prevent further migration of petroleum into surrounding soils and groundwater;

(3) the owner or operator shall continue to monitor and mitigate any additional fire and safety hazards posed by vapors of free product that have migrated from the UST excavation zone and entered into subsurface structures, including basements, sewers, and utility lines;

(4) the owner or operator shall properly stockpile excavated contaminated soils to prevent water run-on and run-off in accordance with 18 AAC 78.274 and remedy a hazard posed by contaminated soils that are excavated or exposed as a result of release confirmation, site characterization, site assessment, abatement, or corrective action activities; if these remedies include treatment, stockpiling, or disposal of contaminated soils, the owner or operator shall use a method that the department determines will adequately protect human health and safety, and the environment;

(5) the owner or operator shall measure for the presence of a release where contamination is most likely to be present at the UST site, unless the presence and source of the release have been confirmed in accordance with the site assessment required under 18 AAC 78.210(c) or the closure site characterization or assessment under 18 AAC 78.090; in selecting sample types, sample locations, and measurement methods, the owner or operator must consider the nature of the stored substance, the type of backfill, depth to groundwater, and other factors as appropriate for identifying the presence and source of the release; and

(6) the owner or operator shall investigate to determine the possible presence of free product, and begin free product removal as soon as practicable and in accordance with 18 AAC 78.240.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149; am 9/27/2018, Register 227

18 AAC 78.235 Release investigation

(a) After meeting the requirements of 18 AAC 78.220 and 18 AAC 78.230, the owner or operator of a UST with a confirmed release of petroleum shall perform a release investigation to characterize the release and actual or potential threat to human health and safety, and to the environment. If applicable to the site, an investigation under this section must include the following:

(1) soil samples, sufficient in number and location to represent the conditions of the soil, must be taken to adequately characterize the horizontal and vertical distribution of the release in the soil and to identify soil properties that are likely to influence the type and rate of migration of the released petroleum;

(2) sample collection and other investigations of the site geology and hydrogeology must be conducted to adequately characterize the horizontal and vertical distribution of the release in groundwater and those features that affect the fate and transport of the petroleum; if groundwater contamination is confirmed, the owner or operator shall notify the department within 24 hours and identify public and private drinking water wells that are located within one-quarter mile of the release site;

(3) sample collection and other investigations of surface waters must be conducted to adequately characterize significant hydrologic features such as surface drainage patterns and quantities, surface waters, floodplains, and actual or potential contaminant migration routes toward or within these features;

(4) a hazard ranking evaluation must be conducted to measure the potential risk to human health and safety, and to the environment; data collected must include information on toxicity and quantity of the contaminants, release information, site access, air exposure, surrounding populations, water use and exposure, surrounding environmental and recreation areas, and observed environmental impacts; the hazard ranking evaluation must be submitted on a form provided by the department; and

(5) a sampling and analysis plan must be submitted to and approved by the department, if the owner or operator plans to use a statistical method referenced in 18 AAC 78.276(e) for site closure and final compliance with the soil cleanup levels under 18 AAC 78.600 - 18 AAC 78.610.

(b) The collection and interpretation of field data and the reporting of release investigation data must be conducted or supervised by a qualified environmental professional in accordance with the UST Procedures Manual.

(d) Laboratory analyses submitted to fulfill the requirements of this section must be performed by a laboratory approved by the department under 18 AAC 78.800 - 18 AAC 78.815.

(e) After completing a release investigation required under this section, the owner or operator shall undertake corrective action as prescribed in 18 AAC 78.240 - 18 AAC 78.276 unless directed by the department to do otherwise as necessary to ensure protection of human health or safety, or of the environment.

(f) In a release investigation, the owner or operator shall use the analytical methods set out in Table 1, Chapter 2 of the UST Procedures Manual.

(g) Within 45 days after the date of release confirmation, as established under (h) of this section, the owner or operator shall submit a release investigation report to the department, summarizing the initial abatement measures conducted under 18 AAC 78.230 and including

(1) the owner's name and address;

(2) the operator's name and address, if different from the owner;

(3) the location of the UST, including the legal description by

(A) subdivision lot, block, or tract information; or by section lot, tax lot, or government lot number; or

(B) meridian, township, range, section, and nearest quarter section locations within the section if the location cannot be described under (A) of this paragraph;

(4) the UST registration number assigned by the department;

(5) the name and business address of each person who supervised the release investigation;

(6) all sample analyses and test results received, reported as required in the UST Procedures Manual, Section 8.4;

(7) data on the nature and estimated amount of the release;

(8) data summarizing the hazard ranking evaluation conducted under (a)(4) of this section, on a form provided the department;

(9) information gained through soil, groundwater, geology, and surface water investigations conducted under this section;

(10) a narrative description of activities conducted at the site and the dates the activities occurred;

(11) a site sketch that approximately shows

(A) the location and configuration of tanks and piping;

(B) the sample locations, including depth below grade;

(D) any sites where a release has occurred;

(E) any sites where free product has been or is located;

(F) the facility and property boundaries;

(G) a bar scale and north arrow; and

(H) any other pertinent information;

(12) a UST site history, including previous releases, repairs, spills, or corrective action activities; and

(13) an evaluation of the existence of petroleum vapors within any nearby occupied structure.

(h) The date of release confirmation is established by the earlier of the following events:

(1) the receipt, by the owner or operator, of a report under 18 AAC 78.090 or 18 AAC 78.210, if the report indicates petroleum contamination; or

(2) the owner's or operator's first observation, or first knowledge of an observation, of petroleum contamination.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 11/3/95, Register 136; am 1/22/99, Register 149; am 1/30/2003, Register 165; am 6/17/2015, Register 214; am 7/1/2017, Register 222

18 AAC 78.240 Corrective action

(a) If the release of petroleum from a UST is confirmed and corrective action is required under 18 AAC 78.235(e), the owner or operator of the UST shall undertake soil and water corrective actions as prescribed in 18 AAC 78.240 - 18 AAC 78.276 and 18 AAC 78.600 - 18 AAC 78.625. The department will direct the owner or operator to perform corrective action to mitigate an inhalation hazard, if the department determines that corrective action is necessary to protect human health or safety, or the environment. As part of that corrective action and as necessary, the owner or operator shall operate a vapor monitoring system in one or more occupied structures near the site.

(b) At a site where an investigation indicates the presence of free product, the owner or operator shall remove measurable free product to the maximum extent practicable, while continuing, as necessary, an action taken under 18 AAC 78.210 - 18 AAC 78.235 or preparing for an action required by 18 AAC 78.240 - 18 AAC 78.280. To meet the requirements of this subsection, the owner or operator shall

(1) notify the department within 24 hours after the discovery of free product;

(2) conduct free product removal in a manner that

(A) minimizes the spread of contamination into an uncontaminated area by using containment, recovery, and disposal techniques appropriate to site conditions;

(B) avoids additional discharges;

(D) minimizes, to the maximum extent practicable, the time necessary for corrective action;

(3) ensure that each free product removal system is designed to minimize free product migration; and

(4) ensure that a flammable substance is handled in a manner that avoids fires or explosions.

(c) Within 60 days after the date of release confirmation, as established under 18 AAC 78.235(h), the owner or operator shall submit to the department

(1) an interim corrective action report informing the department of the status of corrective actions required by (a) of this section; and

(2) a free product removal report that shows free product was removed in compliance with (b) of this section and that provides at least the following information:

(A) the name and address of the person supervising or responsible for implementing the free product removal;

(B) the estimated amount, type, and thickness of free product observed or measured in wells, boreholes, and excavations;

(D) whether any discharge has occurred or will occur on or off site during the recovery operation and where this discharge occurred or will occur;

(E) the type of treatment applied to, and the effluent quality resulting or expected from, any substance that has been or will be discharged;

(F) the steps that have been or are being taken to obtain necessary permits for any discharge; and

(G) the disposition of the recovered free product, dissolved phase product, or contaminated soil.

(d) The department will, in its discretion, extend the deadline for a report required under (c) of this section.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 11/3/95, Register 136; am 1/22/99, Register 149

18 AAC 78.250 Corrective action plan

(a) At any time after reviewing the information submitted under 18 AAC 78.210 - 18 AAC 78.240, if the department determines that a threat to human health or safety, or to the environment exists, the department will require the owner or operator to

(1) submit additional information; or

(2) develop and submit a corrective action plan to respond to contaminated soil, surface water, and groundwater.

(b) If a corrective action plan is required under (a) of this section, the owner or operator shall submit the plan for approval according to a schedule and format established by the department. To obtain approval, the plan must

(1) provide for adequate protection of human health and safety, and of the environment, as determined by the department;

(2) include the elements listed in (e) of this section; and

(3) be prepared by a qualified environmental professional.

(c) The owner or operator may, after fulfilling the requirements of 18 AAC 78.210 - 18 AAC 78.240, voluntarily submit a corrective action plan to respond to contaminated soil and groundwater. That corrective action plan must meet the requirements of (b)(1) and (b)(3) of this section. The owner or operator shall modify the plan is necessary to demonstrate that the plan meets the requirements of (b)(1) of this section.

(d) To minimize environmental contamination and perform more effective corrective actions, the owner or operator may begin corrective actions to respond to contaminated soil and groundwater, before the department approves a corrective action plan, if the owner or operator

(1) notifies the department of the intent to begin corrective actions;

(2) complies with any conditions imposed by the department, including halting corrective action or mitigating adverse consequences from corrective action activities; and

(3) incorporates any self-initiated corrective action measures in the corrective action plan, or as amendments to the plan.

(e) The corrective action plan must include the following elements:

(1) a schedule for conducting field work, monitoring, corrective action activities, and submittal of interim and final corrective action reports;

(2) sampling and analysis plan, including

(A) final verification sampling protocol; and

(B) provisions for handling, transporting, and disposing of investigation-derived wastes including

(i) purged water from a boring or monitoring well;

(ii) cuttings, mud, and other wastes from well or boring installation and development; and

(iii) contaminated equipment and materials;

(3) detailed specifications for each proposed corrective action technique, and copies of all previous communications with the department regarding the proposed technique;

(4) provisions for minimizing contaminant migration to previously unaffected areas, except under an approved corrective action technique under this section;

(5) provisions for transporting contaminated soil as a covered load in accordance with 18 AAC 60.015;

(6) provisions for the disposal of contaminated soil and groundwater, including the location and method of disposal;

(7) a list of chemical additives proposed for use, and their potential effects on

(A) the hazardous substances at the site; and

(B) human health and safety, and the environment;

(8) a site control plan, if necessary to protect the human health or safety, or the environment, including engineering measures, such as the installation of caps or liners, and provisions for restricting access, such as the use of fences, signs, or other barriers;

(9) a demonstration that site work and the corrective action will comply with the air quality standards and requirements of 18 AAC 50;

(10) a plan for ensuring that contaminated soil does not come in contact with uncontaminated soil during the corrective action process, except under an approved corrective action technique under this section or an approved operations plan under 18 AAC 78.273;

(11) a nondomestic wastewater system plan under 18 AAC 72.600, if the corrective action requires construction, alteration, installation, modification, or operation of a nondomestic wastewater treatment works or disposal system;

(12) for ex-situ corrective action techniques,

(A) provisions for containment and handling of leachate, if leachate is produced;

(B) a demonstration that site work and the corrective action will comply with soil storage, movement, and disposal requirements in 18 AAC 78.274;

(C) if using a hot asphalt batch plant, written certification by a registered engineer that processes incorporating contaminated soils meet current industry standards for asphalt paving;

(D) if combining contaminated soil with asphalt for the purposes of cold asphalt recycling, a cold asphalt recycling plan that includes

(i) a pavement structure design study for incorporating the excavated material; the study must be certified by a registered engineer;

(ii) approval for use of the specific leaching assessment or model used to determine contaminant migration; and

(iii) results of the pre-approved contaminant leaching assessment or model, referenced under (ii) of this subparagraph; those results must demonstrate that contaminant concentrations in the soil will not migrate;

(E) if using bioremediation, a bioremediation plan that includes detailed descriptions of

(i) cultured microbes, unless using an indigenous microbe population;

(ii) electron acceptors and nutrient sources for microbes;

(iii) the expected rate of biodegradation;

(iv) intermediate and final breakdown products;

(v) the type and amount of contamination to be bioremediated;

(vi) any potential adverse effects on human health or safety, or on the environment; and

(F) if using solidification, a solidification plan that includes

(i) a demonstration that contaminant concentrations in the contaminated media do not exceed 5,000 mg/kg for the total range of petroleum hydrocarbons described in the UST Procedures Manual and do not exceed 100 mg/kg of BTEX;

(ii) a demonstration that contaminant concentrations in the solidified material will not migrate;

(iii) results of structural testing on the solidified material to demonstrate that the solidified material has an unconfined compressive strength of 2,000 psi or more after 28 days;

(iv) results of leachability testing of the solidified material; and

(v) specifications for the ratio of the mass of contaminated media to the mass of reagent;

(G) if using soil contaminated with petroleum hydrocarbons as a base for a physical barrier, a physical barrier base plan that includes

(i) a demonstration that contaminant concentrations in contaminated soil used for the base do not exceed 5,000 mg/kg for the total range of petroleum hydrocarbons described in the UST Procedures Manual, or that do not exceed 100 mg/kg of BTEX;

(ii) a demonstration that the contaminated soil that is used for the base will be blended with uncontaminated soil only if necessary to meet design specifications;

(iii) a physical barrier design study, certified by a registered engineer;

(iv) approval for use of the specific leaching assessment or model used to determine contaminant migration;

(v) results of the pre-approved contaminant leaching assessment or model, as specified under (iv) of this subparagraph; those results must demonstrate that contaminant concentrations in the soil will not migrate;

(vi) a demonstration that the base under the physical barrier will use no more than 18 vertical inches of material containing contaminated soil;

(vii) a demonstration that the contaminated zone will be compacted to 95 percent or more of the maximum density as specified in American Society for Testing and Materials (ASTM) D 1557 - 91, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort, updated January 1997 and adopted by reference, or (ASTM) D 4253 - 93, Standard Test Methods for Maximum Index Density and Unit Weight or Solids Using Vibratory Table, updated February 1993 and adopted by reference;

(viii) a demonstration that the material containing contaminated soil will be placed in a zone directly beneath the final base course with at least 18 inches of impervious pavement extending beyond the horizontal limit of the material containing contaminated soil;

(ix) a demonstration that at least six feet will separate the seasonal high groundwater point from the lowest point of the material containing contaminated soil; and

(x) as-built drawings, certified by a registered engineer, that show the final location of the material containing contaminated soil;

(H) if using soil contaminated with metals for a base as a physical barrier, and if that use is approved on a site-specific basis, the elements required by (G) of this paragraph; and

(I) if using an offsite or portable treatment facility, a demonstration that only an offsite or portable treatment facility with an operations plan approved under 18 AAC 78.273 will be used;

(13) for in-situ corrective action techniques:

(A) a site monitoring plan showing proposed locations of monitoring wells;

(B) a hydrogeologic description of the site, including

(i) soil and sediments present;

(ii) stratigraphy;

(iii) aquifer characteristics, including groundwater gradient, confining layers, perched water, permeability, and aquifer transmissivity;

(iv) percolation rates from precipitation; and

(v) other relevant factors;

(C) results of hydrogeologic modeling performed to address capture zones, effects of hydraulic loading, and plume migration; and

(D) if using bioremediation, a demonstration of compliance with (12)(E) of this subsection.

(f) The owner or operator shall submit and obtain approval for each of the applicable elements specified in (e) of this section before work on that element begins, and for additional approval if a modification to an element is anticipated.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.365; AS 46.04.020
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149; am 6/17/2015, Register 214

18 AAC 78.260 Corrective action plan approval

(a) The department will approve or deny a corrective action plan after receipt of all information required or requested under 18 AAC 78.250 and any comments on the plan under 18 AAC 78.280(c), and only after determining whether implementation of the plan will adequately protect human health, safety, and the environment.

(b) In making a determination under (a) of this section, the department will consider

(1) the physical and chemical characteristics of the petroleum, including its toxicity, persistence, and potential for migration;

(2) the hydrogeologic characteristics of the facility and surrounding area;

(3) the proximity, quality, and current and future uses of nearby surface water and groundwater;

(4) the potential effects of residual contamination on nearby surface water and groundwater;

(5) an exposure evaluation;

(6) the overall cost effectiveness of the corrective action measures proposed;

(7) any information gathered and submitted in compliance with 18 AAC 78.200 - 18 AAC 78.250; and

(8) the qualifications of each person involved with the corrective action planning and activities.

(c) The department will, in its discretion, and upon a documented finding of public endangerment, require that the corrective action plan provide for

(1) adequate alternative drinking water systems, that meet the requirements of 18 AAC 80, for affected consumers; and

(2) the temporary relocation of persons affected by a contaminated water supply.

(d) At any time after reviewing the information submitted under 18 AAC 78.250, the department will, in its discretion, require the owner or operator to submit additional information by a schedule and in a format established by the department.

(e) Upon approval of a corrective action plan, or as directed by the department, the owner or operator shall implement the plan, including modifications to the plan made by the department. The owner or operator shall monitor, evaluate, and report the results of implementing the plan in a final corrective action report as specified by 18 AAC 78.276.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149

18 AAC 78.270 Corrective action plan revisions

(a) The owner or operator of the UST must have written department approval before taking an action that constitutes a substantive revision to or deviation from an approved corrective action plan.

(b) The department will require the owner or operator to take corrective action to bring any change or revision into compliance with this chapter, if the department determines that corrective action is necessary to ensure protection of human health and safety, and of the environment.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149

18 AAC 78.271 General corrective action requirements

(a) The owner or operator of a facility at which a release of petroleum from a UST has occurred and for which corrective action is required under 18 AAC 78.240 shall

(1) comply with 18 AAC 78.240 - 18 AAC 78.276;

(2) ensure that the collection, interpretation, and reporting of data are in accordance with the UST Procedures Manual; and

(3) ensure that required sampling and analysis is conducted or supervised by a qualified environmental professional; however, a qualified sampler may conduct sampling of soil stockpiles, bioremediation systems, surface water, or groundwater monitoring wells when a qualified environmental professional is not available.

(b) The owner and operator of an offsite or portable treatment facility shall ensure that a qualified environmental professional conducts or supervises soil sampling to verify that cleanup levels are met. Soil sampling and analysis must be conducted as required by the UST Procedures Manual.

(c) Laboratory analyses that are submitted to comply with this section must be performed by a laboratory approved under 18 AAC 78.800 - 18 AAC 78.815 for each analyte and matrix analyzed and analytical method used. The owner or operator shall ensure that reports submitted to the department include the current state laboratory identification number for the laboratory that performed the analysis.

(d) Petroleum-contaminated soil that originates from a UST site and that is stockpiled must comply with 18 AAC 78.274.

(e) The owner and operator shall ensure that the person conducting corrective action under this chapter complies with the corrective action requirements of 18 AAC 78.240 - 18 AAC 78.276.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 1/22/99, Register 149; am 6/17/2015, Register 214; am 7/1/2017, Register 222

18 AAC 78.273 Offsite or portable soil treatment facilities

(a) An owner or operator of an offsite or portable soil treatment facility shall

(1) obtain approval of an operations plan before that person accepts or treats contaminated soil; the department will approve the plan if the department determines that the operations proposed are protective of human health and safety, and of the environment; a plan submitted under this paragraph must include

(A) a facility diagram that shows the location of

(i) each soil treatment, storage, and transportation area;

(ii) major roads within or bordering the site or facility; and

(iii) monitoring wells, surface water, water supply wells, facility boundaries, and public or private buildings within 500 feet of the facility boundary;

(B) a detailed process description including a discussion of

(i) air, water, and solid waste process streams;

(ii) startup and shutdown procedures;

(iii) maximum process flow rate;

(iv) air pollution control equipment;

(v) water treatment systems;

(vi) the projected maximum time necessary for the treatment method to fully remediate contaminated soil; and

(vii) a detailed description of any additive to be used;

(C) a post-treatment sampling and analysis plan prepared by a qualified environmental professional to verify that the applicable cleanup levels have been met;

(D) provisions for complete containment of the contaminated soil before, during, and after treatment until the contaminated soil meets the applicable cleanup levels; alternatively, if the treatment process, such as landfarming or landspreading, will not contain the contaminated soil, the owner or operator of the offsite or portable treatment facility must demonstrate that there will be no uncontrolled leachate from the treatment area;

(F) site monitoring procedures that will measure for secondary contamination at the treatment facility;

(2) if the facility is a Category C or a Category D facility, as described in the Operation Requirements for Soil Treatment Facilities, adopted by reference in (1) of this subsection, submit the following to the department before the owner or operator accepts or treats contaminated soil:

(i) the quantity of contaminated soil allowed at the facility specified in the facility's approved operation plan; and

(ii) the cost per ton for treating contaminated soil at that facility location; and

(3) perform confirmation sampling of treated soil in accordance with a sampling and analysis plan approved under this subsection to verify that applicable cleanup levels have been met;

(4) submit to the department an assessment of background contamination at the facility before initial startup of the treatment facility; and

(b) If the owner or operator of an offsite or portable treatment facility fails to process soils to the department's satisfaction in accordance with the plan approved under (a)(1) of this section, the department will withdraw its approval under (a)(1) of this section, and that person may not process or receive contaminated soil.

(1) "background contamination" means the concentration of a hazardous substance that is consistently present in the environment or in the vicinity of a site and that is naturally present or is the result of human activities unrelated to a discharge or release at the site;

(2) "engineering plans" means a set of plans approved and sealed by a registered engineer;

(3) "engineering record drawings" means the approved original plans prepared for construction and department approval under (a)(1) of this section, revised to reflect how the containment structure or system was constructed or installed, and sealed by a registered engineer;

(4) "facility" has the meaning given in AS 46.03.900; "facility" includes the land, structures, and equipment associated with treatment of contaminated soil;

(5) "offsite or portable treatment facility" has the meaning given in the Soil Treatment Facility Guidance, adopted by reference in (a)(1) of this section;

(6) "owner or operator" has the meaning given to "owner" and "operator" in AS 46.03.826;

(7) "performance bond" means a written agreement between the owner or operator and the department guaranteeing performance of the obligations covered by the agreement;

(8) "registered engineer" means a professional engineer registered to practice in the state under AS 08.48.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.365; AS 46.04.020
Eff. 1/22/99, Register 149; am 1/30/2003, Register 165; am 6/17/2015, Register 214

18 AAC 78.274 Storage, movement, and disposal of soil and groundwater

(a) Unless the department approves the activity in question as protective of human health and safety, and of the environment, the owner or operator may not blend contaminated soil with uncontaminated soil, and shall

(1) segregate contaminated soil based on

(A) the intended corrective action techniques; and

(B) the specific contaminants present;

(2) store contaminated soil

(A) 100 feet or more from surface water, a private water system as defined in 18 AAC 80.1990, or a fresh water supply system that uses groundwater for a use designated in 18 AAC 70.020(a)(1)(A) and 18 AAC 70.050(a)(2); and

(B) 200 feet or more from a water source serving a community water system, non-transient non-community water system, or transient non-community-water system, as defined in 18 AAC 80.1990;

(3) place petroleum-contaminated soil on a liner that meets the minimum specifications for the testing methods set out in Table B of this section;

TABLE B. BOTTOM LINER SPECIFICATIONS

Method

Coated Fabric

Extruded Fabric

Short-term storage of petroleum-contaminated soil (less than 180 days) Cold crack (ASTM D 2136-

02(2012), updated 2012)-60° Fahrenheit-60° FahrenheitBlack carbon content

(ASTM D 1603-14, updated

2014)two percent or greatertwo percent or greaterTensile strength (ASTM D

751-06(2011), updated

2011)125 pounds (warp)N/AMullen burst (ASTM D

751-06(2011), updated

2011)250 pounds per square

inch (psi)N/AOne inch tensile strength

(ASTM D 882-12, updated

August 2012)N/A25 pounds (warp)One inch elongation MD

(machine direction)N/A550 percentNominal thickness10 mils10 milsOil resistance (ASTM D

471-12a, updated

December 2012)No signs of deterioration

and more than 80 percent

retention of tensile and

seam strength after

immersion for 30 days at

73° FahrenheitNo signs of deterioration

and more than 80 percent

retention of tensile and

seam strength after

immersion for 30 days at

73° FahrenheitLong-term storage of petroleum-contaminated soil (180 days to two years) Cold crack (ASTM D 2136-

02(2012), updated 2012)-60° Fahrenheit-60° FahrenheitBlack carbon content

(ASTM D 1603-12, updated

May 2012)two percent or greatertwo percent or greaterTensile strength (ASTM D

751-06(2011), updated

2011)300 pounds (warp)N/AMullen burst (ASTM D

751-06(2011), updated May

2011)500 per square inch (psi)N/AOne inch tensile strength

(ASTM D 882-12, updated

August 2012)N/A45 pounds (warp)One inch elongation MD

(machine direction)N/A625 percentNominal thickness20 mils20 milsOil resistance (ASTM D

471-12a, updated

December 2012)No signs of deterioration

and more than 80 percent

retention of tensile and

seam strength after

immersion for 30 days at

73° FahrenheitNo signs of deterioration

and more than 80 percent

retention of tensile and

seam strength after

immersion for 30 days at

73° FahrenheitThe ASTM International methods referred to in this table are adopted by reference.

"N/A" means not applicable.

(4) cover and protect the contaminated soil stockpile from weather with no less than a six-mil, reinforced polyethylene liner or its equivalent, with the edge of the cover lapped over the bottom liner to prevent water running through the soil; and

(5) inspect and maintain the contaminated soil stockpile regularly to ensure that the cover remains intact and that the soil and any liquid leachate derived from the soil is contained.

(b) An owner or operator shall obtain approval before moving or disposing of contaminated soil or groundwater subject to the requirements under this chapter.

History

Authority: AS 46.03.020; AS 46.03.710; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.020 AS 46.03.365; AS 46.04.020
Eff. 1/22/99, Register 149; am 6/25/99, Register 150; am 4/16/2000, Register 154; am 6/17/2015, Register 214; am 5/3/2019, Register 230

18 AAC 78.275 Sampling and analysis

(a) The owner or operator shall ensure that soil and groundwater sampling for a release investigation or associated with a corrective action is conducted by a qualified environmental professional in accordance with 18 AAC 78.605 and the UST Procedures Manual.

(b) The owner or operator of an offsite or portable treatment facility under 18 AAC 78.273 shall ensure that the collection, interpretation, and reporting of data, and the required sampling and analysis are conducted or supervised by a qualified environmental professional in accordance with the UST Procedures Manual.

(c) If a contaminant is suspected at the site because of empirical evidence or prior analysis, but is not detected or is detected at a concentration below the practical quantitation limit, and the practical quantitation limit is higher than the cleanup level for that substance, the department will

(1) determine the owner or operator to have attained the cleanup level, if additionally the more stringent of the following conditions is met:

(A) the practical quantitation limit is no greater than 10 times the method detection limit; or

(B) the practical quantitation limit is no greater than the practical quantitation limit referred to in Table 1 of the UST Procedures Manual; or

(2) as the department determines necessary to ensure protection of human health or safety, or of the environment, require the use of a specialized analytical method to improve the accuracy, precision, method detection limit, or practical quantitation limit for the contaminant.

(d) Among the analytical methods set out in Table 1 of the UST Procedures Manual if there is more than one analytical method for a contaminant, an owner or operator may select any of those methods with a practical quantitation limit less than the applicable cleanup level. If only one analytical method has a practical quantitation limit less than the applicable cleanup level, that method must be used. Analysis for petroleum contamination must follow the Alaska methods for petroleum hydrocarbons referred to in Table 1 of the UST Procedures Manual.

(e) Laboratory analysis submitted to comply with this chapter must be performed by a laboratory approved under 18 AAC 78.800 - 18 AAC 78.815 for each analyte and matrix analyzed and analytical method used.

(f) The owner or operator shall submit the results of the laboratory analyses for samples collected under this chapter and shall include the current state laboratory identification number for the laboratory that performed the analyses.

History

Authority: AS 46.03.020; AS 46.03.745; AS 46.04.070 AS 46.03.740; AS 46.04.020; AS 46.09.020
Eff. 1/22/99, Register 149; am 6/25/99, Register 150; am 6/17/2015, Register 214; am 7/1/2017, Register 222

18 AAC 78.276 Final corrective action reporting requirements and site closure

(a) The owner or operator shall submit a written final corrective action report to the department for each UST site at which corrective action activities have been completed. Based on analytical results, the report must demonstrate that the site meets the applicable cleanup levels and requirements specified in 18 AAC 78.600 - 18 AAC 78.625. The report must be prepared by a qualified environmental professional.

(b) The written report required by (a) of this section must contain, as applicable,

(1) the date and time of the discharge or release;

(2) the location of the discharge or release, including latitude and longitude coordinates;

(3) the name and physical address of the site, facility, or operation;

(4) the name, mailing address, and telephone number of the owner and of the operator of the site, facility, or operation;

(5) the type and amount of each contaminant discharged or released;

(6) a description of any environmental damage caused by the discharge, release, or contaminant, to the extent the damage can be identified;

(7) a demonstration that the free product removal report required in 18 AAC 78.240(c) was submitted to the department and that free product was recovered in compliance with 18 AAC 78.240;

(8) a summary of each applicable soil and groundwater cleanup level approved for the site under 18 AAC 78.600 - 18 AAC 78.625 and a description of the factors used in developing each applicable cleanup level;

(9) a description of the corrective actions taken, including

(A) a demonstration that corrective action was conducted in accordance with the corrective action plan project elements, including modifications to the project elements, approved under 18 AAC 78.250;

(B) sampling reports and a description of the soil and groundwater sampling protocol and sampling locations;

(C) a summary of the laboratory reports for the final verification samples collected at the site; the laboratory or the owner or operator shall keep these reports and make them available to the department upon request for at least 10 years after submission of the summary to the department;

(D) a demonstration that contaminated soil and groundwater were stored, treated, and disposed of in an approved manner;

(E) a description of any site-specific modification to any procedures in the UST Procedures Manual;

(F) an estimate of the extent of any remaining residual contamination, above and below the applicable cleanup levels;

(G) confirmation that any hazardous waste generated was stored, treated, or disposed of in compliance with 42 U.S.C. 6901 - 6992k (Solid Waste Disposal Act, as amended by Resource Conservation Recovery Act), as amended through October 1, 1998 and adopted by reference; and

(H) other information requested by the department, as the department determines necessary to ensure protection of human health or safety, or of the environment; and

(10) a demonstration of compliance with applicable institutional control requirements under 18 AAC 78.625.

(d) The owner or operator shall keep a copy of the corrective action report submitted under this section for at least 10 years after that report is submitted to the department.

(e) The department will determine final compliance with the

(1) applicable soil cleanup levels, based on sampling results from onsite contaminated soil and from contaminated soil moved offsite for treatment or disposal, and based on the maximum concentrations detected, unless an appropriate statistical method is approved, in which case compliance will be based on the mean soil concentration at the 95 percent upper confidence limit; approval of a statistical method will be based on

(A) the number and location of samples taken;

(B) whether large variations in contaminant concentrations relative to the mean concentration exist; and

(2) groundwater cleanup levels, based on an analysis of unfiltered groundwater samples unless the owner and operator demonstrates that a filtered sample provides a more representative measure of groundwater quality; compliance will be determined based on the maximum concentrations of a contaminant detected in the final confirmation samples; before closure, the size of the dissolved plume must be steady state or shrinking and concentrations of the contaminant must be decreasing.

(f) After reviewing the final corrective action report submitted under this section, if the department determines that

(1) a site has been adequately characterized and has achieved the applicable cleanup levels and requirements in 18 AAC 78.600 - 18 AAC 78.625, the department will issue the owner or operator a written determination that corrective action is complete, subject to a future department determination that the corrective action is not protective of human health or safety, or of the environment; or

(2) the corrective action and applicable institutional controls are not protective of human health or safety, or of the environment, the department will, as necessary to ensure protection of human health or safety, or of the environment, require the owner or operator to conduct additional actions that meet the requirements of this chapter.

History

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.070 AS 46.03.050; AS 46.03.745; AS 46.09.010 AS 46.03.365; AS 46.03.755 AS 46.03.710; AS 46.04.020
Eff. 1/22/99, Register 149; am 6/25/99, Register 150; am 6/17/2015, Register 214

18 AAC 78.280 Public participation

(a) If a confirmed release of petroleum requires a corrective action plan under 18 AAC 78.250(a)(2), the department will notify members of the public who are directly affected by the release and the planned corrective action, using methods the department finds appropriate, including public notice in a local newspaper, block advertisement, public service announcement, publication in a state register, letters to individual households, personal contacts by field staff, posting of notice in the location scheduled for corrective action, or a combination of any of these methods.

(b) The department will make site release information and decisions concerning the corrective action plan available for public inspection upon request.

(c) Before approving a corrective action plan, the department will, in its discretion, hold a public meeting to consider comments on the proposed plan if there is sufficient public interest, or for any other reason.

(d) The department will give public notice under (a) of this section if implementation of an approved plan does not achieve the applicable cleanup levels in the plan and termination of that plan is being considered by the department.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 3/25/91, Register 118; am 11/3/95, Register 136; am 1/22/99, Register 149

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.360 Designation of Class A, B, and C operators

(a) The owner or operator of a UST shall designate

(1) at least one Class A operator for each UST or group of USTs at a facility; a Class A operator is not required to be on site; and

(2) at least one Class B operator for each UST or group of USTs at a facility; a Class B operator is not required to be on site at all times.

(b) Each Class C operator shall be designated by the Class A operator or Class B operator in writing.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.365 Requirements for operator training

(a) General requirements. The owner or operator of a UST shall ensure that Class A, Class B, and Class C operators meet the requirements of this section. Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to the operator class in which the individual is designated.

(b) Class A operators. Each designated Class A operator must be trained in accordance with (1) and (2) of this subsection, pass a comparable examination in accordance with (f) of this section, or have received comparable training from another state in accordance with (g) of this section. A Class A operator must have a general knowledge of the UST system requirements so as to ensure compliance with operation, maintenance, and recordkeeping requirements of this chapter. A Class A operator who is responsible for more than one facility must receive training on each UST system present at each facility for which the operator is responsible. At a minimum the training program must

(1) teach the Class A operators, as applicable, about the purpose, methods, and function of

(A) spill and overfill prevention;

(B) release detection;

(D) emergency response;

(E) product compatibility with systems and equipment used at the facility;

(F) financial responsibility requirements and documentation;

(G) reporting, recordkeeping, testing, and inspection requirements;

(H) notification and registration requirements;

(I) release and suspected release reporting;

(J) temporary out-of-service requirements and temporary and permanent closure requirements; and

(K) operator training requirements; and

(2) evaluate Class A operators to determine

(A) that these individuals have the knowledge and skills to make informed decisions regarding compliance; and

(B) whether appropriate individuals are fulfilling the operation, maintenance, and recordkeeping requirements for USTs in accordance with (1) of this subsection.

(c) Class B operators. Each designated Class B operator must be trained in accordance with (1) and (2) of this subsection, pass a comparable examination in accordance with (f) of this section, or have received comparable training from another state in accordance with (g) of this section. A Class B operator must be trained in systems and equipment specific to the facility for which the operator is responsible. At a minimum the training program must

(1) teach the Class B operator, as applicable, about the purpose, methods, and function of

(A) components of the UST system;

(B) materials used in the construction of the UST system;

(D) operation, maintenance, and inspection requirements of the UST system in accordance with this chapter, including

(i) spill and overfill prevention;

(ii) release detection; and

(iii) corrosion protection;

(E) emergency response;

(F) product compatibility with systems and equipment used at the facility;

(G) release and suspected release reporting;

(H) reporting, recordkeeping, testing, and inspection requirements; and

(I) operator training requirements; and

(2) evaluate Class B operators to determine that these individuals have the knowledge and skills to implement applicable UST regulatory requirements in the field on the components of typical USTs or, as applicable, site-specific equipment used at a UST facility in accordance with (1) of this subsection.

(d) Class C operators. Each designated Class C operator must be trained by a Class A or Class B operator in accordance with (1) and (2) of this subsection, complete a training program in accordance with (1) and (2) of this subsection, or pass a comparable examination in accordance with (f) of this section. A Class C operator must successfully complete training on site-specific emergency response procedures and equipment, emergency shutoff systems, contact information, types of alarms, how to respond to an alarm, and how to read alarm panels if installed. At a minimum, the training program must

(1) teach the Class C operators to take appropriate actions, including notifying appropriate authorities, in response to emergencies or alarms caused by spills or releases resulting from the operation of the UST; and

(2) evaluate Class C operators to determine that these individuals have the knowledge and skills to take appropriate action, including notifying appropriate authorities, in response to emergencies or alarms caused by spills or releases from an underground storage tank system.

(e) Training program. A training program must meet the minimum requirements of this section, must include an evaluation through testing, a practical demonstration, or another approach acceptable to the department, and must provide the operators a certificate of successful completion of the training. The department will maintain a list of classroom and Internet-delivered training programs that provide training and evaluation of operator knowledge in the required areas.

(f) Comparable examination. A comparable examination must, at a minimum, test the knowledge of the Class A, Class B, or Class C operators in accordance with the requirements of (b), (c), or (d) of this section, as applicable.

(g) Comparable training. Comparable training from another state must, at minimum, evaluate operator knowledge of areas listed in (b)(1)(A) - (K) or (c)(1)(A) - (I) of this section, as appropriate for the operator classification for which the individual is now designated. The department will require additional training as necessary for the operator to comply with requirements of this chapter.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.370 Timing of operator training

(a) An owner or operator must ensure that designated Class A, Class B and Class C operators meet the requirements in 18 AAC 78.365.

(b) Class A and Class B operators must successfully complete operator training in accordance with 18 AAC 78.365 not later than 30 days after being assigned to the position.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.375 Additional training

(a) Class A and Class B operators of USTs determined by the department to be out of compliance with this chapter or that failed a third-party inspection under 18 AAC 78.059 must successfully complete a training program or comparable examination in accordance with 18 AAC 78.365. The training program or comparable examination must be developed or administered by an independent organization or the department. At a minimum, the training must cover the area determined to be out of compliance. The UST owner or operator shall ensure that Class A and Class B operators are retrained under this section not later than 30 days from the date the department determines that the facility is out of compliance with this chapter or the date on which the UST failed a third-party inspection, whichever is earlier.

(b) A Class C operator must repeat training annually.

(c) lf a UST undergoes an upgrade or improvement, the department will require a Class A, Class B, or Class C operator to successfully complete refresher training in each area that pertains to the new equipment, as appropriate to the classification of the operator.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.380 Documentation

(a) The owner or operator of a UST must maintain at the facility a list of designated Class A, Class B, and Class C operators and records verifying that training has been completed in accordance with 18 AAC 78.365 - 18 AAC 78.370 and that additional training, as applicable, has been completed in accordance with 18 AAC 78.375 as follows:

(1) the list must

(A) identify each Class A, Class B, and Class C operator currently designated for the facility; and

(B) for each operator include the operator's name, the class of operator trained, the date when the operator assumed duties, the date when the operator completed initial training, and any additional training that the operator is required to complete under 18 AAC 78.375; and

(2) each record verifying completion of initial training or of additional training under 18 AAC 78.375 must be a paper or electronic record for each Class A, Class B, and Class C operator; each record, at a minimum, must identify the name of the trainee, the date when the individual was trained, the operator training class completed, the name of each trainer or examiner, and each training company name, address, and telephone number; the owner or operator shall maintain these records for the duration of the Class A and B operator's employment plus five years and the duration of the Class C operator's employment plus three years; the following requirements also apply to the following types of training:

(A) each record from each classroom or field training program, including Class C operator training provided by the Class A or Class B operator, or a comparable examination must, at a minimum, be signed by the trainer or examiner;

(B) each record from computer-based training must, at a minimum, provide the name of the training program and provide the program's website address, if the program is Internet-based;

(C) each record of additional training must include those areas on which the Class A or Class B operator has received additional training; and

(D) if the Class C operator receives training from a facility's Class A or Class B operator, a checklist of the subjects presented and successfully completed must be kept at the facility and must include the signatures of the trainer and Class C operator and the date of training.

(b) The owner or operator shall meet the following reporting requirements:

(1) each Class A operator and Class B operator shall be designated in writing to the department; and

(2) each operator must provide to the department a copy of the certificate of successful completion of training not later than 30 days after completion of the training.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

18 AAC 78.385 Underground Storage Tanks

18 AAC 78.385. Definition for 18 AAC 78.355 - 18 AAC 78.385. In 18 AAC 78.355 - 18 AAC 78.385, "training program" means a program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through (1) testing; (2) practical demonstration; or (3) another approach acceptable to the department regarding requirements for USTs that meets the requirements of 18 AAC 78.355 - 18 AAC 78.385.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 8/4/94, Register 131; am 11/3/95, Register 136; am 1/22/99, Register 149; am 8/15/99, Register 151; am 1/30/2003, Register 165

18 AAC 78.460 Underground Storage Tanks

18 AAC 78.460. Board of storage tank assistance. Expired.

18 AAC 78.465 Underground Storage Tanks

18 AAC 78.465. Dispute resolution. Expired.

18 AAC 78.470 Underground Storage Tanks

18 AAC 78.470. Suspension or revocation; disciplinary action. (a) Upon written finding, the division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development will, in its discretion, suspend certification for a period recommended by the department, or revoke a certification if a certified tank worker (1) fraudulently obtained certification; (2) fails at any time to meet the requirements for certification; (3) fails to comply with this chapter; (4) fails to meet any applicable federal, state, or local law relating to the service performed under the certification; or (5) falsifies a document regarding work done under this chapter. (b) If the department receives a complaint regarding the work performance of a person certified under this chapter, or if the department initiates a complaint under (a) of this section, the department will (1) notify the certified worker of the nature of the complaint and explain all rights and duties under the law; (2) keep the name of the certified worker confidential unless it finds that disciplinary action, as described in (c) of this section, is warranted; (3) if the complainant is a third party, request from the complainant the specific nature of the alleged violation, including the statute, regulation, or industry standard that was allegedly violated by the certified worker, if known, and any other documentation the department believes is necessary to determine the validity of the complaint; and (4) fully review the documentation obtained and determine whether disciplinary or other action is warranted. (c) If the department finds that disciplinary action is appropriate under (a) or (b) of this section, it will notify the division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development of its recommended action, including reasons for the recommendation. The department will, in its discretion, recommend suspension of the certificate for a specific period, or revocation of the certificate. If a certificate is suspended under this subsection, the period of suspension will not exceed the remaining life of the certificate. (d) If the department finds that the disciplinary or other action is not warranted, it will notify the certified worker and the complainant in writing that the allegations were found to be untrue or that the evidence was insufficient.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 8/4/94, Register 131

18 AAC 78.475 Underground Storage Tanks

18 AAC 78.475. Reciprocity. (a) The division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development will, in its discretion, issue a certificate to a person who has a certificate or license as a tank worker from another state if the division finds that the program in that state is comparable to the requirements of this chapter. (b) To obtain certification under this section, a person shall apply for certification under 18 AAC 78.415 and shall demonstrate knowledge regarding state statutes and regulations relating to USTs, including familiarity with the nationally-recognized codes of practice listed in this chapter, and the unique environmental conditions affecting USTs and their installation by passing that part of the examination described in 18 AAC 78.420. (c) A certificate issued under this section is limited to the term set out in 18 AAC 78.435, and is subject to the renewal requirements of 18 AAC 78.440.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 8/4/94, Register 131; am 11/3/95, Register 136

18 AAC 78.476 Underground Storage Tanks

18 AAC 78.476. Conflict of interest prohibition. An inspector may not perform or supervise an inspection at a UST facility if the inspector owns or has a significant financial interest in the facility.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 8/15/99, Register 151

18 AAC 78.480 Underground Storage Tanks

18 AAC 78.480. Certification of department employees. (a) Within one year after employment begins, a department employee shall become certified as an underground storage tank department inspector under this chapter if the employee's assigned duties and responsibilities include (1) investigating discharges to determine if the discharge is related to potentially faulty UST installation, closure, repair, or reconfiguration; or (2) field enforcement of the department's regulations regarding UST installation, closure, repair, reconfiguration, or testing. (b) A department employee will be certified as an underground storage tank inspector if the employee's duties include those listed in (a) of this section and if the employee meets the certification requirements of 18 AAC 78.415(a) - (c). A department employee need not meet the requirements of 18 AAC 78.455. (c) The department employee's supervisor shall determine the category of certification appropriate for the employee's duties and responsibilities. (d) A department employee certified under this chapter is subject to the renewal requirements set out in 18 AAC 78.440 other than the fee requirement. (e) Certification issued to a department employee under this chapter expires automatically on the employee's last day of employment with the department. If the employee wishes to become certified as an underground storage tank worker after leaving department employment, he or she must meet the requirements of all applicable state laws, including 18 AAC 78.415 and 18 AAC 78.455, and pay all required fees. (f) A state agency that owns or operates a UST may request the division assigned occupational licensing functions in the Department of Commerce, Community, and Economic Development to certify an employee of that agency under the terms of this section.

History

Authority: AS 46.03.020; AS 46.03.375 AS 46.03.365; AS 46.03.395
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 8/4/94, Register 131; am 11/3/95, Register 136; am 8/15/99, Register 151

18 AAC 78.490 Underground Storage Tanks

18 AAC 78.490. Administration. The division will (1) keep a list of the names and certification numbers of all persons certified under this chapter, provide that list to the department, and make it available for public distribution; (2) keep a file on a person certified under this chapter; (3) notify an applicant for certification under this chapter, including a department employee applying under 18 AAC 78.480, within 60 days after taking an examination under 18 AAC 78.420, of whether the applicant qualifies for certification, or whether additional information is required; if the applicant qualifies, the notice must be accompanied by a certificate and certification number; (4) administer, or arrange to have administered, the required examination for each category of certification as determined necessary by the division, and publish notice of the examination and the final filing date in a newspaper of general circulation at least 60 days before the examination; (5) notify a person certified under this chapter (A) within five days after the division (i) receives a complaint regarding the person under 18 AAC 78.470(b); or (ii) learns of a suspected violation of a federal, state, or local law by the person; and (B) within 15 days after a disciplinary action decision has been made by the division regarding a complaint or suspected violation; (6) publish notice jointly with the department in a newspaper of general circulation in the area where a continuing education course or workshop related to USTs will be offered; (7) collect fees required for certification under this chapter; and (8) inactivate an applicant's application or examination results if 12 months or more have elapsed since a correspondence was last received by the division from or on behalf of the applicant.

History

Authority: AS 44.66.010; AS 46.03.365 AS 46.03.020; AS 46.03.375
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 8/4/94, Register 131

18 AAC 78.495 Underground Storage Tanks

18 AAC 78.495. Fees. (a) The following fees are established for purposes of this chapter: (1) application fee, $100; (2) certification fee for each category for which an applicant seeks certification, $60; (3) certification fee for each category for which an applicant seeks renewal, $60; and (4) reciprocity certification fee for each category for which an applicant seeks certification through reciprocity, $60.

History

Authority: AS 46.03.375
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 8/4/94, Register 131; am 11/3/95, Register 136; am 10/19/97, Register 144; am 12/3/2016, Register 220; am 9/29/2019, Register 231

18 AAC 78.499 Underground Storage Tanks

18 AAC 78.499. Definitions. For purposes of 18 AAC 78.400 - 18 AAC 78.499, (1) "certified inspector" means a person who is certified in inspection under this chapter; (2) "inspect" or "inspection" means to perform a third party inspection, using standards of practice set out in 18 AAC 78.455; "inspect" does not include routine maintenance or an inspection performed by a department inspector; (3) "repair" means to correct or restore, after a release has occurred, a UST or any part of a UST that routinely contains petroleum, and includes repairs to the tank vessel, pipes, valves, fill pipes, or vents; "repair" does not include routine maintenance.

History

Authority: AS 46.03.020; AS 46.03.365; AS 46.03.375
Eff. 8/15/99, Register 151

Eff. 3/25/91, Register 118; am 1/27/94, Register 129; am 6/23/94, Register 130; readopt 4/16/2000, Register 154; deleted as of Register 179, October 2006

Authority: AS 46.03.020; AS 46.03.740; AS 46.04.110 AS 46.03.050; AS 46.03.745; AS 46.09.060 AS 46.03.365; AS 46.04.020; AS 46.09.070 AS 46.03.710; AS 46.04.070
Eff. 1/22/99, Register 149

Article 7 Airport Hydrant Fuel Distribution Systems and USTs with Field-Constructed Tanks

18 AAC 78.700 Underground Storage Tanks

18 AAC 78.700. General requirements. (a) The owner or operator shall comply with the requirements of this chapter for airport hydrant systems and USTs with field-constructed tanks as follows: (1) for USTs installed on or before October 13, 2015, the requirements apply according to the following schedule: (A) October 13, 2018 for (i) upgrading existing USTs under 18 AAC 78.030; (ii) general operating requirements under 18 AAC 78.040 - 18 AAC 78.059; (iii) operator training under 18 AAC 78.355 - 18 AAC 78.385; and (iv) release detection requirements under 18 AAC 78.060 - 18 AAC 78.072; and (B) except as provided in (b) of this section, October 13, 2015 for (i) release reporting, response, and investigation under 18 AAC 78.200 - 18 AAC 78.280; (ii) closure under 18 AAC 78.080 - 18 AAC 78.087; (iii) financial responsibility under 18 AAC 78.910; and (iv) registration notification under 18 AAC 78.035; and (2) for USTs installed after October 13, 2015, the requirements apply at installation. (b) Not later than October 13, 2018, all owners of previously deferred USTs described in (a) of this section must submit a notice of a tank system's existence to the department, using the registration form supplied by the department in accordance with 18 AAC 78.035(a). The owner or operator of a UST in use as of October 13, 2015 must demonstrate, as required under 18 AAC 78.910, financial responsibility at the time of submission of the registration form. (c) Except as provided in 18 AAC 78.705, the owner or operator shall comply with the requirements of this chapter. (d) When designing, constructing, and installing airport hydrant systems and USTs with field-constructed tanks, an owner or operator may use (1) the codes of practice listed in 18 AAC 78.025; or (2) military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Design: Petroleum Fuel Facilities, revised as of June 17, 2015 and adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.380 AS 46.03.365; AS 46.03.405
Eff. 9/27/2018, Register 227

18 AAC 78.705 Underground Storage Tanks

18 AAC 78.705. Additions, exceptions, and alternatives for airport hydrant systems and USTs with field-constructed tanks. (a) Exception to piping secondary containment requirements. An owner or operator may use single-walled piping when installing or replacing piping associated with USTs with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with USTs with field-constructed tanks less than or equal to 50,000 gallons and that are not part of an airport hydrant system must meet the secondary containment requirements of 18 AAC 78.025(c) when installed or replaced. (b) Upgrade requirements. Not later than October 13, 2018, airport hydrant systems and USTs with field-constructed tanks where installation commenced on or before October 13, 2015 must meet the following requirements or be permanently closed under 18 AAC 78.085: (1) UST components in contact with the ground that routinely contain petroleum must meet one of the following corrosion protection requirements: (A) except as provided in (a) of this section, the components must meet the performance standards for new tanks under 18 AAC 78.025(e) and for new piping under 18 AAC 78.025(f); or (B) the components must be constructed of metal and cathodically protected according to a nationally recognized code of practice and must meet the following requirements: (i) cathodic protection must meet the requirements of 18 AAC 78.025(e)(2)(B), (C), and (D) for tanks, and 18 AAC 78.025(f)(2)(B), (C), and (D) for piping; and (ii) tanks greater than 10 years old without cathodic protection must be assessed to ensure the tank is structurally sound and free of corrosion holes before adding cathodic protection; the assessment must be by internal inspection or another method determined by the department to adequately assess the tank for structural soundness and corrosion holes; (2) to prevent spilling and overfilling associated with product transfer to the UST, all airport hydrant systems and USTs with field-constructed tanks must comply with spill and overfill prevention equipment requirements specified in 18 AAC 78.025(g) for new USTs; and (3) to meet the requirements of this section, the owner or operator shall ensure that one of the following requirements are used: (A) NACE International Standard RP0285-2002, Standard Recommended Practice-Corrosion Control of Underground Storage Tank Systems by Cathodic Protection, 2002, adopted by reference; (B) NACE International Standard Practice SP0169-2007, Control of External Corrosion on Underground or Submerged Metallic Piping Systems, reaffirmed March 15, 2007, adopted by reference; (C) National Leak Prevention Association Standard 631, Chapter C, Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks: Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection, 1991, adopted by reference; (D) American Society for Testing and Materials Standard G158-98, Standard Guide for Three Methods of Assessing Buried Steel Tanks, 2016, adopted by reference; or (E) another procedure, code, or standard that is no less protective of human health and safety and the environment and approved by the department. (c) Walkthrough inspections. In addition to meeting the walkthrough inspection requirements in 18 AAC 78.058, the owner or operator shall inspect each of the following additional areas for airport hydrant systems at least once every 30 days if confined space entry for purposes of federal Occupational Safety and Health Administration requirements under 29 C.F.R. 1910.146 is not required, and at least annually if confined space entry is required, and shall keep documentation of the inspection in accordance with 18 AAC 78.058(b): (1) the owner or operator shall visually check hydrant pits for any damage, remove any liquid or debris, and check for any leaks; and (2) the owner or operator shall check hydrant piping vaults for any hydrant piping leaks. (d) Release detection. The owner or operator of an airport hydrant system or a UST with field-constructed tanks must begin meeting the following release detection requirements not later than October 13, 2018: (1) an owner or operator of a field-constructed tank with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in 18 AAC 78.060 - 18 AAC 78.072; an owner or operator of a field-constructed tank with a capacity greater than 50,000 gallons must meet either the requirements in 18 AAC 78.060 - 18 AAC 78.072, except that vapor monitoring or groundwater monitoring must be combined with inventory control as stated under (E) of this paragraph, or the owner or operator must use one or a combination of the following alternative methods of release detection: (A) the owner or operator must conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate; (B) the owner or operator must use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour; this method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years; (C) the owner or operator must use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour; this method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years; (D) the owner or operator must perform vapor monitoring, in accordance with 18 AAC 78.065(f) for a tracer compound placed in the tank system, capable of detecting a 0.1 gallon per hour leak rate at least every two years; (E) the owner or operator must perform inventory control in accordance with 18 AAC 78.065(b)(1) - (8), at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; and (F) the owner or operator may use another method approved by the department if the owner or operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in (A) - (E) of this paragraph; in comparing methods, the department will consider the size of release that the method can detect and the frequency and reliability of detection; (2) an owner or operator of underground piping associated with a field-constructed tank less than or equal to 50,000 gallons must meet the release detection requirements in 18 AAC 78.060 - 18 AAC 78.072; an owner or operator of underground piping associated with an airport hydrant system and a field-constructed tank greater than 50,000 gallons must follow either the requirements in 18 AAC 78.060 - 18 AAC 78.072, except that vapor monitoring or groundwater monitoring must be combined with inventory control as stated under (C) of this paragraph, or the owner or operator must use one or a combination of the following alternative methods of release detection: (A) the owner or operator must perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with Table D of this subparagraph; however, piping segment with volumes greater than or equal to 100,000 gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the semiannual test may be tested according to the phase-in schedule in Table E of this subparagraph: TABLE D. MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME Test section volume (gallons) Semiannual test- leak detection rate not to exceed (gallons per hour) Annual test-leak detection rate not to exceed (gallons per hour) <50,0001.00.5>=50,000 to <75,0001.50.75>=75,000 to <100,0002.01.0>=100,0003.01.5 TABLE E. PHASE-IN FOR PIPING SEGMENTS >=100,000 GALLONS IN VOLUME First testNot later than October 13, 2018, with a leak detection rate not to exceed 6.0 gallons per hourSecond testAfter October 13, 2018 and not later than October 13, 2021, with a leak detection rate not to exceed 6.0 gallons per hourThird testAfter October 13, 2021 and not later than October 13, 2022, with a leak detection rate not to exceed 3.0 gallons per hourSubsequent testsAfter October 13, 2022, begin using semiannual or annual line testing according to Table D of this subparagraph (maximum leak detection rate per test section volume) (B) the owner or operator must perform vapor monitoring in accordance with 18 AAC 78.065(f) for a tracer compound placed in the tank system, capable of detecting a 0.1 gallon per hour leak rate at least every two years; (C) the owner or operator must perform inventory control in accordance with 18 AAC 78.065(b)(1) - (8), at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through, and (i) perform a line tightness test, in accordance with (A) of this paragraph using the leak rates for the semiannual test, at least every two years; or (ii) perform vapor monitoring or groundwater monitoring, in accordance with 18 AAC 78.065(f) or (g), respectively, for the stored petroleum, at least every 30 days; or (D) the owner or operator may use another method approved by the department if the owner or operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in (A) - (C) of this paragraph; in comparing methods, the department will consider the size of release that the method can detect and the frequency and reliability of detection; and (3) the owner or operator shall maintain release detection records in accordance with the recordkeeping requirements in 18 AAC 78.072. (e) Applicability of closure requirements to previously closed USTs. When directed by the department, the owner or operator of an airport hydrant system or a UST with field-constructed tanks that was permanently closed before October 13, 2015 must assess the excavation zone and close the UST in accordance with 18 AAC 78.085 if releases from the UST may, in the determination of the department, pose a current or potential threat to human health and the environment.

History

Authority: AS 46.03.020; AS 46.03.365
Eff. 9/27/2018, Register 227

Authority: AS 44.46.020; AS 46.03.020 AS 44.46.025; AS 46.03.365
Eff. 1/22/99, Register 149; am 7/1/2017, Register 222

Authority: AS 44.46.020; AS 46.03.070; AS 46.03.758 AS 44.46.025; AS 46.03.365Sec. 7, ch. 96, AS 46.03.020; AS 46.03.375SLA 1990 AS 46.03.050; AS 46.03.740
Eff. 3/25/91, Register 118; am 8/21/91, Register 119; am 1/27/94, Register 129; am 6/23/94, Register 130; am 8/4/94, Register 131; am 11/3/95, Register 136; am 1/22/99, Register 149; am 4/16/2000, Register 154; am 1/30/2003, Register 165; am 7/25/2012, Register 203; am 6/17/2015, Register 214; am 7/1/2017, Register 222; am 9/27/2018, Register 227

Chapter 79 Illegal Drug Manufacturing Sites

18 AAC 79.010 Notice of illegal drug manufacturing site; list of properties

(a) When the department receives notice from a law enforcement agency of an illegal drug manufacturing site under AS 46.03.500, the department will provide that law enforcement agency with

(1) a copy of the department's Guidance and Standards for Cleanup of Illegal Drug Manufacturing Sites, revised as of April 19, 2007 and adopted by reference; and

(2) a copy of the list of laboratories for sampling and testing illegal drug manufacturing sites required under AS 46.03.520.

(b) Certification of fitness for use under AS 46.03.550(a) shall be made on a form supplied by the department.

History

Authority: AS 46.03.500; AS 46.03.530; AS 46.03.560 AS 46.03.510; AS 46.03.540; AS 46.03.570 AS 46.03.520; AS 46.03.550; AS 46.03.599
Eff. 2/20/2005, Register 173; am 11/24/2007, Register 184

18 AAC 79.020 Sampling and testing procedures

Procedures for sampling and testing of illegal drug manufacturing sites under AS 46.03.520(b) are provided in Part 4 of the department's Guidance and Standards for Cleanup of Illegal Drug Manufacturing Sites, adopted by reference in 18 AAC 79.0 10.

History

Authority: AS 46.03.500; AS 46.03.520; AS 46.03.570
Eff. 2/20/2005, Register 173

18 AAC 79.030 Fitness standards

Cleanup standards for determining whether an illegal drug manufacturing site is fit for use under AS 46.03.530 are provided in Part 2 of the department's Guidance and Standards for Cleanup of Illegal Drug Manufacturing Sites, adopted by reference in 18 AAC 79.010.

History

Authority: AS 46.03.500; AS 46.03.550 AS 46.03.530; AS 46.03.570
Eff. 2/20/2005, Register 173

18 AAC 79.040 Decontamination procedures

Procedures for decontaminating illegal drug manufacturing sites under AS 46.03.540 are provided in Part 3 of the department's Guidance and Standards for Cleanup of Illegal Drug Manufacturing Sites, adopted by reference in 18 AAC 79.010.

History

Authority: AS 46.03.500; AS 46.03.540; AS 46.03.570
Eff. 2/20/2005, Register 173

18 AAC 79.050 Laboratory reports

The department may require the laboratory to provide analytical reports to the department to support the owner's certification submitted under 18 AAC 79.010(b).

History

Authority: AS 46.03.500; AS 46.03.520; AS 46.03.570
Eff. 2/20/2005, Register 173

18 AAC 79.900 Definitions

In this chapter, "illegal drug manufacturing site" has the meaning given in AS 46.03.599.

History

Authority: AS 46.03.570; AS 46.03.599
Eff. 2/20/2005, Register 173

Chapter 80 Drinking Water

Article 1 General Drinking Water Requirements

18 AAC 80.005 Purpose and applicability

(a) The purpose of this chapter is to protect public health and safety by establishing

(1) standards for the design, construction, maintenance, and operation of a public water system; and

(2) contaminant monitoring requirements for drinking water provided by a public water system.

(b) The requirements of this chapter apply to

(1) the owner or operator of a public water system;

(2) a laboratory required to be certified under 18 AAC 80.1100 - 18 AAC 80.1110;

(3) a sanitary survey inspector or individual who seeks to become a sanitary survey inspector; and

(4) a person that engages in or is responsible for an activity that has a requirement in this chapter, as appropriate.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2004, Register 169; repealed 5/2/2004, Register 170) (Eff. 10/1/99, Register 151; am 5/3/2019, Register 230

18 AAC 80.007 Certified operator requirements

The following public water systems must be actively supervised as described in 18 AAC 74.010 and 18 AAC 74.410 by operators who are certified in accordance with AS 46.30 and 18 AAC 74:

(1) all community water systems and non-transient non-community water systems;

(2) a transient non-community water system that uses a surface water or GWUDISW source; and

(3) a transient non-community water system that uses only a groundwater source and meets the criteria set out in 18 AAC 74.006(7).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 9/28/2001, Register 159; am 4/24/2009, Register 190; am 5/20/2011, Register 198

18 AAC 80.010 Requirements adopted by reference and other reference materials

(a) The following federal requirements are adopted by reference:

(1) 21 C.F.R. Part 110 (current good manufacturing practice in manufacturing, packing, or holding human food), revised as of April 1, 2015;

(2) 21 C.F.R. Part 129 (processing and bottling of bottled drinking water), revised as of April 1, 2015;

(3) 21 C.F.R. 165.110 (bottled water), revised as of April 1, 2015;

(4) 40 C.F.R. Part 136, Appendix B (definition and procedure for the determination of the method detection limit, Revision 1.11), revised as of July 1, 2015;

(5) the following provisions from 40 C.F.R. 141.1 - 141.6 (Subpart A - general), revised as of July 1, 2015:

(A) the definitions of "Act," "action level," "bag filters," "bank filtration," "best available technology or BAT," "cartridge filters," "clean compliance history," "coagulation," "combined distribution system," "compliance cycle," "compliance period," "comprehensive performance evaluation (CPE)," "confluent growth," "consecutive system," "conventional filtration treatment," "corrosion inhibitor," "diatomaceous earth filtration," "direct filtration," "disinfectant contact time," "disinfection profile," "domestic or other nondistribution system plumbing problem," "dose equivalent," "dual sample set," "effective corrosion inhibitor residual," "enhanced coagulation," "enhanced softening," "filter profile," "finished water," "first draw sample," "flocculation," "flowing stream," "GAC1O," "GAC20," "ground water under the direct influence of surface water (GWUDI)," "haloacetic acids (five) (HAA5)," "halogen," "initial compliance period," "lake/reservoir," "large water system," "lead service line," "Legionella," "Level 1 assessment," "Level 2 assessment," "locational running annual average (LRAA)," "man-made beta particle and photon emitters," "maximum contaminant level goal (MCLG)," "maximum residual disinfectant level goal (MRDLG)," "medium-size water system," "membrane filtration," "near the first service connection," "optimal corrosion control treatment," "performance evaluation sample" "picocurie (pCi)," "plant intake," "point of disinfectant application," "presedimentation," "rem," "repeat compliance period," "sanitary defect," "seasonal system," "sedimentation," "service line sample," "single family structure," "slow sand filtration," "small water system," "standard sample," "Subpart H systems," "supplier of water," "SUVA," "system with a single service connection," "too numerous to count," "total organic carbon (TOC)," "total trihalomethanes (TTHM)," "trihalomethane (THM)," "two-stage lime softening," "uncovered finished water storage facility," and "wholesale system," as set out in 40 C.F.R. 141.2 (definitions);

(B) 40 C.F.R. 141.3 (coverage);

(6) the following provision from 40 C.F.R. 141.11 - 141.13 (Subpart B - maximum contaminant levels), revised as of July 1, 2015: 40 C.F.R. 141.13 (maximum contaminant levels for turbidity);

(7) the following provisions from 40 C.F.R. 141.21 - 141.29 (Subpart C - monitoring and analytical requirements), revised as of July 1, 2015:

(A) 40 C.F.R. 141.21 (coliform sampling);

(B) 40 C.F.R. 141.22(a), (b), (d) and (e) (turbidity sampling and analytical requirements);

(D) 40 C.F.R. 141.24 (organic chemicals, sampling and analytical requirements);

(E) 40 C.F.R. 141.25 (analytical methods for radioactivity);

(F) 40 C.F.R. 141.26 (monitoring frequency and compliance requirements for radionuclides in community water systems);

(G) 40 C.F.R. 141.27 (alternative analytical techniques);

(H) 40 C.F.R. 141.28 (certified laboratories);

(I) 40 C.F.R. 141.29 (monitoring of consecutive public water systems);

(J) Appendix A to 40 C.F.R. Part 141, Subpart C (alternative testing methods approved for analysis under the Safe Drinking Water Act);

(8) the following provisions from 40 C.F.R. 141.31 - 141.35 (Subpart D - reporting and recordkeeping), revised as of July 1, 2015:

(A) 40 C.F.R. 141.31(d) and (e) (reporting requirements);

(B) 40 C.F.R. 141.33 (record maintenance);

(C) 40 C.F.R. 141.35 (reporting for unregulated contaminant monitoring results), except that the term "you" means the owner or operator;

(9) the following provisions from 40 C.F.R. 141.40 - 141.43 (Subpart E - special regulations, including monitoring regulations and prohibition on lead use), revised as of July 1, 2015:

(A) 40 C.F.R. 141.40 (monitoring requirements for unregulated contaminants), except that the term "you" means the owner or operator;

(B) 40 C.F.R. 141.41 (special monitoring for sodium);

(10) the following provisions from 40 C.F.R. 141.50 - 141.55 (Subpart F - maximum contaminant level goals and maximum residual disinfectant level goals), revised as of July 1, 2015:

(A) 40 C.F.R. 141.51(b) (maximum contaminant level goals for inorganic contaminants);

(B) 40 C.F.R. 141.55 (maximum contaminant level goals for radionuclides);

(11) the following provisions from 40 C.F.R. 141.60 - 141.66 (Subpart G - national primary drinking water regulations: maximum contaminant levels and maximum residual disinfectant levels), revised as of July 1, 2015:

(A) 40 C.F.R. 141.61 (maximum contaminant levels for organic contaminants);

(B) 40 C.F.R. 141.62 (maximum contaminant levels for inorganic contaminants);

(D) 40 C.F.R. 141.64 (maximum contaminant levels for disinfection byproducts);

(E) 40 C.F.R. 141.65 (maximum residual disinfectant levels);

(F) 40 C.F.R. 141.66 (maximum contaminant levels for radionuclides);

(12) the following provisions from 40 C.F.R. 141.70 - 141.76 (Subpart H - filtration and disinfection), revised as of July 1, 2015:

(A) 40 C.F.R. 141.70 (general requirements);

(B) 40 C.F.R. 141.71 (criteria for avoiding filtration);

(D) 40 C.F.R. 141.73 (filtration), except that in 40 C.F.R. 141.73(a)(4), the phrase "January 1, 2005" is revised to read "August 19, 2006";

(E) 40 C.F.R. 141.74 (analytical and monitoring requirements), except that in 40 C.F.R. 141.74(b)(3), the phrase "must be determined based on the CT99.9 values in tables 1.1 - 1.6, 2.1, and 3.1 of this section, as appropriate" is revised to read "may be determined based either on the CT99.9 values in tables 1.1 - 1.6, 2.1, and 3.1 of this section, as appropriate, or on the formula for calculating CT values set out in 18 AAC 80.655(b)";

(F) 40 C.F.R. 141.75 (reporting and recordkeeping requirements);

(G) 40 C.F.R. 141.76 (recycle provisions);

(13) the following provisions from 40 C.F.R. 141.80 - 141.91 (Subpart I - control of lead and copper), revised as of July 1, 2015:

(A) 40 C.F.R. 141.80 (general requirements);

(B) 40 C.F.R. 141.81 (applicability of corrosion control treatment steps to small, medium-size and large water systems);

(D) 40 C.F.R. 141.83 (source water treatment requirements);

(E) 40 C.F.R. 141.84 (lead service line replacement requirements);

(F) 40 C.F.R. 141.85 (public education and supplemental monitoring requirements);

(G) 40 C.F.R. 141.86 (monitoring requirements for lead and copper in tap water);

(H) 40 C.F.R. 141.87 (monitoring requirements for water quality parameters);

(I) 40 C.F.R. 141.88 (monitoring requirements for lead and copper in source water);

(J) 40 C.F.R. 141.89 (analytical methods);

(K) 40 C.F.R. 141.90 (reporting requirements);

(L) 40 C.F.R. 141.91 (recordkeeping requirements);

(14) the following provisions from 40 C.F.R. 141.130 - 141.135 (Subpart L - disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors), revised as of July 1, 2015:

(A) 40 C.F.R. 141.130 (general requirements);

(B) 40 C.F.R. 141.131 (analytical requirements);

(D) 40 C.F.R. 141.133 (compliance requirements);

(E) 40 C.F.R. 141.134 (reporting and recordkeeping requirements);

(F) 40 C.F.R. 141.135 (treatment technique for control of disinfection byproduct (DBP) precursors);

(15) the following provisions from 40 C.F.R. 141.151 - 141.155 (Subpart O - consumer confidence reports), revised as of July 1, 2015:

(A) 40 C.F.R. 141.151 (purpose and applicability of this subpart);

(B) 40 C.F.R. 141.152(b) - (d) (effective dates);

(D) 40 C.F.R. 141.154 (required additional health information);

(E) 40 C.F.R. 141.155 (report delivery and recordkeeping);

(F) Appendix A to 40 C.F.R. Part 141, Subpart O (regulated contaminants);

(16) the following provisions from 40 C.F.R. 141.170 - 141.175 (Subpart P - enhanced filtration and disinfection - systems serving 10,000 or more people), revised as of July 1, 2015:

(A) 40 C.F.R. 141.170 (general requirements);

(B) 40 C.F.R. 141.171 (criteria for avoiding filtration);

(D) 40 C.F.R. 141.173 (filtration);

(E) 40 C.F.R. 141.174 (filtration sampling requirements);

(F) 40 C.F.R. 141.175 (reporting and recordkeeping requirements);

(17) the following provisions from 40 C.F.R. 141.201 - 141.211 (Subpart Q - public notification of drinking water violations), revised as of July 1, 2015:

(A) 40 C.F.R. 141.201 (general public notification requirements);

(B) 40 C.F.R. 141.202 (Tier 1 public notice - form, manner, and frequency of notice);

(D) 40 C.F.R. 141.204 (Tier 3 public notice - form, manner, and frequency of notice);

(E) 40 C.F.R. 141.205 (content of the public notice);

(F) 40 C.F.R. 141.206 (notice to new billing units or new customers);

(G) 40 C.F.R. 141.207 (special notice of the availability of unregulated contaminant monitoring results);

(H) 40 C.F.R. 141.208 (special notice for exceedance of the SMCL for fluoride);

(I) 40 C.F.R. 141.210 (notice by primacy agency on behalf of the public water system);

(J) 40 C.F.R. 141.211 (special notice for repeated failure to conduct monitoring of the source water for Cryptosporidium and for failure to determine bin classification of mean Cryptosporidium level);

(K) Appendix A to 40 C.F.R. Part 141, Subpart Q (NPDWR violations and other situations requiring public notice);

(L) Appendix B to 40 C.F.R. Part 141, Subpart Q (standard health effects language for public notification);

(M) Appendix C to 40 C.F.R. Part 141, Subpart Q (list of acronyms used in public notification regulation);

(18) the following provisions from 40 C.F .R. 141.400 - 141.405 (Subpart S - ground water rule), revised as of July 1, 2015:

(A) 40 C.F.R. 141.400 (general requirements and applicability);

(B) 40 C.F.R. 141.401 (sanitary surveys for ground water systems);

(D) 40 C.F.R. 141.403 (treatment technique requirements for ground water systems);

(E) 40 C.F.R. 141.404 (treatment technique violations for ground water systems);

(F) 40 C.F.R. 141.405 (reporting and recordkeeping for ground water systems);

(19) the following provisions from 40 C.F.R. 141.500 - 141.571 (Subpart T - enhanced filtration and disinfection - systems serving fewer than 10,000 people), revised as of July 1, 2015, except that the term "you" means the owner or operator:

(A) 40 C.F.R. 141.500 (general requirements);

(B) 40 C.F.R. 141.501 (Who is subject to the requirements of Subpart T?);

(C) 40 C.F.R. 141.502 (When must my system comply with these requirements?), except that the phrase "January 1, 2005" is revised to read "August 19, 2006";

(D) 40 C.F.R. 141.503 (What does Subpart T require?);

(E) 40 C.F.R. 141.510 (Is my system subject to the new finished water reservoir requirements?);

(F) 40 C.F.R. 141.511 (What is required of new finished water reservoirs?);

(G) 40 C.F.R. 141.520 (Is my system subject to the updated watershed control requirements?);

(H) 40 C.F.R. 141.521 (What updated watershed control requirements must my unfiltered system implement to continue to avoid filtration?);

(I) 40 C.F.R. 141.522 (How does the state determine whether my system's watershed control requirements are adequate?);

(J) 40 C.F.R. 141.530 (What is a disinfection profile and who must develop one?);

(K) 40 C.F.R. 141.531 (What criteria must a state use to determine that a profile is unnecessary?);

(L) 40 C.F.R. 141.532 (How does my system develop a disinfection profile and when must it begin?);

(M) 40 C.F.R. 141.533 (What data must my system collect to calculate a disinfection profile?);

(N) 40 C.F.R. 141.534 (How does my system use this data to calculate an inactivation ratio?);

(O) 40 C.F.R. 141.535 (What if my system uses chloramines, ozone, or chlorine dioxide for primary disinfection?);

(P) 40 C.F.R. 141.536 (My system has developed an inactivation ratio; what must we do now?);

(Q) 40 C.F.R. 141.540 (Who has to develop a disinfection benchmark?);

(R) 40 C.F.R. 141.541 (What are significant changes to disinfection practice?);

(S) 40 C.F.R. 141.542 (What must my system do if we are considering a significant change to disinfection practices?);

(T) 40 C.F.R. 141.543 (How is the disinfection benchmark calculated?);

(U) 40 C.F.R. 141.544 (What if my system uses chloramines, ozone, or chlorine dioxide for primary disinfection?);

(V) 40 C.F.R. 141.550 (Is my system required to meet Subpart T combined filter effluent turbidity limits?);

(W) 40 C.F.R. 141.551 (What strengthened combined filter effluent turbidity limits must my system meet?);

(X) 40 C.F.R. 141.552 (My system consists of "alternative filtration" and is required to conduct a demonstration - what is required of my system and how does the state establish my turbidity limits?);

(Y) 40 C.F.R. 141.553 (My system practices lime softening - is there any special provision regarding my combined filter effluent?);

(Z) 40 C.F.R. 141.560 (Is my system subject to individual filter turbidity requirements?);

(AA) 40 C.F.R. 141.561 (What happens if my system's turbidity monitoring equipment fails?);

(BB) 40 C.F.R. 141.562 (My system only has two or fewer filters - is there any special provision regarding individual filter turbidity monitoring?);

(CC) 40 C.F.R. 141.563 (What follow-up action is my system required to take based on continuous turbidity monitoring?);

(DD) 40 C.F.R. 141.564 (My system practices lime softening - is there any special provision regarding my individual filter turbidity monitoring?);

(EE) 40 C.F.R. 141.570 (What does Subpart T require that my system report to the state?);

(FF) 40 C.F.R. 141.571 (What records does Subpart T require my system to keep?);

(20) the following provisions from 40 C.F.R. 141.600 - 141.605 (Subpart U - initial distribution system evaluations), revised as of July 1, 2015, except that the term "you" means the owner or operator:

(A) 40 C.F.R. 141.600 (general requirements);

(B) 40 C.F.R. 141.601 (standard monitoring);

(D) 40 C.F.R. 141.603 (40/30 certification);

(E) 40 C.F.R. 141.604 (very small system waivers);

(F) 40 C.F.R. 141.605 (Subpart V compliance monitoring location recommendations);

(21) the following provisions from 40 C.F.R. 141.620 - 141.629 (Subpart V - Stage 2 disinfection byproducts requirements), revised as of July 1, 2015, except that the term "you" means the owner or operator:

(A) 40 C.F.R. 141.620 (general requirements);

(B) 40 C.F.R. 141.621 (routine monitoring);

(D) 40 C.F.R. 141.623 (reduced monitoring);

(E) 40 C.F.R. 141.624 (additional requirements for consecutive systems);

(F) 40 C.F.R. 141.625 (conditions requiring increased monitoring);

(G) 40 C.F.R. 141.626 (operational evaluation levels);

(H) 40 C.F.R. 141.627 (requirements for remaining on reduced TTHM and HAA5 monitoring based on Subpart L results);

(I) 40 C.F.R. 141.628 (requirements for remaining on increased TTHM and HAA5 monitoring based on Subpart L results);

(J) 40 C.F.R. 141.629 (reporting and recordkeeping requirements);

(22) the following provisions from 40 C.F.R. 141.700 - 141.723 (Subpart W - enhanced treatment for Cryptosporidium), revised as of July 1, 2015:

(A) 40 C.F.R. 141.700 (general requirements);

(B) 40 C.F.R. 141.701 (source water monitoring);

(D) 40 C.F.R. 141.703 (sampling locations);

(E) 40 C.F.R. 141.704 (analytical methods);

(F) 40 C.F.R. 141.705 (approved laboratories);

(G) 40 C.F.R. 141.706 (reporting source water monitoring results);

(H) 40 C.F.R. 141.707 (grandfathering previously collected data);

(I) 40 C.F.R. 141.708 (requirements when making a significant change in disinfection practice);

(J) 40 C.F.R. 141.709 (developing the disinfection profile and benchmark);

(K) 40 C.F.R. 141.710 (bin classification for filtered systems);

(L) 40 C.F.R. 141.711 (filtered system additional Cryptosporidium treatment requirements);

(M) 40 C.F.R. 141.712 (unfiltered system Cryptosporidium treatment requirements);

(N) 40 C.F.R. 141.713 (schedule for compliance with Cryptosporidium treatment requirements);

(O) 40 C.F.R. 141.714 (requirements for uncovered finished water storage facilities);

(P) 40 C.F.R. 141.715 (microbial toolbox options for meeting Cryptosporidium treatment requirements);

(Q) 40 C.F.R. 141.716 (source toolbox components);

(R) 40 C.F.R. 141.717 (pre-filtration treatment toolbox components);

(S) 40 C.F.R. 141.718 (treatment performance toolbox components);

(T) 40 C.F.R. 141.719 (additional filtration toolbox components);

(U) 40 C.F.R. 141.720 (inactivation toolbox components);

(V) 40 C.F.R. 141.721 (reporting requirements);

(W) 40 C.F.R. 141.722 (recordkeeping requirements);

(X) 40 C.F.R. 141.723 (requirements to respond to significant deficiencies identified in sanitary surveys performed by EPA);

(23) the following provisions from 40 C.F.R. 141.851 - 141.861 (Subpart Y - revised total coliform rule), revised as of July 1, 2015:

(A) 40 C.F.R. 141.851 (general);

(B) 40 C.F.R. 141.852 (analytical methods and laboratory certification);

(D) 40 C.F.R. 141.854 (routine monitoring requirements for noncommunity water systems serving 1,000 or fewer people using only ground water), except 40 C.F.R. 141.854(d), (e), and (h) are not adopted;

(E) 40 C.F.R. 141.855 (routine monitoring requirements for community water systems serving 1,000 or fewer people using only ground water), except 40 C.F.R. 141.855(d) is not adopted, and in 40 C.F.R. 141.855(e), the phrase "until it meets the reduced monitoring requirements in paragraph (d) of this section" is not adopted;

(F) 40 C.F.R. 141.856 (routine monitoring requirements for subpart H public water systems of this part serving 1,000 or fewer people);

(G) 40 C.F.R. 141.857 (routine monitoring requirements for public water systems of this part serving more than 1,000 people);

(H) 40 C.F.R. 141.858 (repeat monitoring and E. coli requirements)

(I) 40 C.F.R. 141.859 (coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination);

(J) 40 C.F.R. 141.860 (violations);

(K) 40 C.F.R. 141.861 (reporting and recordkeeping);

(24) the following provisions from 40 C.F.R. 142.16, revised as of July 1, 2015:

(A) 40 C.F.R. 142.16(b)(3)(i) (sanitary survey) for surface water systems, including GWUDISW systems;

(B) 40 C.F.R. 142.16(o)(2)(i) (state practices or procedures for sanitary surveys) for groundwater systems;

(25) the following provisions from 40 C.F.R. 142.20 - 142.24 (Subpart C - review of state-issued variances and exemptions), revised as of July 1, 2015:

(A) 40 C.F.R. 142.20 (state-issued variances and exemptions under Section 1415(a) and Section 1416 of the Act);

(B) 40 C.F.R. 142.21 (state consideration of a variance or exemption request);

(26) the following provisions from 40 C.F.R. 142.40 - 142.46 (Subpart E - variances issued by the administrator under Section 1415(a) of the Act), revised as of July 1, 2015, except that the term "administrator" means "department":

(A) 40 C.F.R. 142.40 (requirements for a variance);

(B) 40 C.F.R. 142.41 (variance request);

(D) 40 C.F.R. 142.43 (disposition of a variance request);

(E) 40 C.F.R. 142.44 (public hearings on variances and schedules);

(F) 40 C.F.R. 142.45 (action after hearing);

(G) 40 C.F.R. 142.46 (alternative treatment techniques);

(27) the following provisions from 40 C.F.R. 142.50 - 142.57 (Subpart F - exemptions issued by the administrator), revised as of July 1, 2015, except that the term "administrator" means "department":

(A) 40 C.F.R. 142.50 (requirements for an exemption);

(B) 40 C.F.R. 142.51 (exemption request);

(D) 40 C.F.R. 142.53 (disposition of an exemption request);

(E) 40 C.F.R. 142.54 (public hearings on exemption schedules);

(F) 40 C.F.R. 142.55 (final schedule);

(G) 40 C.F.R. 142.56 (extension of date for compliance);

(H) 40 C.F.R. 142.57 (bottled water, point-of-use, and point-of-entry devices);

(28) the following provisions from 40 C.F.R. 142.60 - 142.65 (Subpart G - identification of best technology, treatment techniques or other means generally available), revised as of July 1, 2015:

(A) 40 C.F.R. 142.60 (variances from the maximum contaminant level for total trihalomethanes);

(B) 40 C.F.R. 142.61 (variances from the maximum contaminant level for fluoride);

(D) 40 C.F.R. 142.65 (variances and exemptions from the maximum contaminant levels for radionuclides);

(29) the following provisions from 40 C.F.R. 142.301 - 142.313 (Subpart K - variances for small systems), revised as of July 1, 2015, except that the term "administrator" means "department":

(A) 40 C.F.R. 142.301 (What is a small system variance?); however, the last sentence of 40 C.F.R. 142.301 is not adopted;

(B) 40 C.F.R. 142.302(a) (Who can issue a small system variance?);

(D) 40 C.F.R. 142.304 (For which of the regulatory requirements is a small system variance available?);

(E) 40 C.F.R. 142.305 (When can a small system variance be granted by a state?);

(F) 40 C.F.R. 142.306 (What are the responsibilities of the public water system, state and the administrator in ensuring that sufficient information is available and for evaluation of a small system variance application?);

(G) 40 C.F.R. 142.307 (What terms and conditions must be included in a small system variance?);

(H) 40 C.F.R. 142.308 (What public notice is required before a state or the administrator proposes to issue a small system variance?); however, in 40 C.F.R. 142.308(b), the phrase "the State equivalent to the Federal Register or" is not adopted;

(I) 40 C.F.R. 142.309 (What are the public meeting requirements associated with the proposal of a small system variance?);

(J) 40 C.F.R. 142.310(a) (How can a person served by the public water system obtain EPA review of a state proposed small system variance?);

(30) 40 C.F.R. 143.3 (national secondary drinking water regulations - secondary maximum contaminant levels), revised as of July 1, 2015;

(31) 40 C.F.R. 143.4 (national secondary drinking water regulations - monitoring), revised as of July 1, 2015;

(b) The following publications are adopted by reference:

(1) ANSI/AWWA Standard A100-06, Water Wells, and Appendix H to ANSI/AWWA Standard A100-06 (Decommissioning of Test Holes, Partially Completed Wells, and Abandoned Completed Wells), in effect as of August 1, 2006, American Water Works Association; appendices to ANSI/AWWA Standard A100-06 other than Appendix H are not adopted;

(2) ANSI/AWWA Standard C510-07, Double Check Valve Backflow Prevention Assembly, in effect as of October 1, 2008, American Water Works Association;

(3) ANSI/AWWA Standard C511-07, Reduced-Pressure Principle Backflow Prevention Assembly, in effect as of October 1, 2008, American Water Works Association;

(4) ANSI/AWWA Standard C600-10, Installation of Ductile-Iron Mains and Their Appurtenances, in effect as of November 1, 2010, American Water Works Association;

(5) American Society for Testing and Materials (ASTM) International Method D1293-12, Standard Test Methods for pH of Water, revised as of January 1, 2012, American Society for Testing and Materials International;

(6) Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, EPA 815-R-05-004, Fifth Edition, January 2005, United States Environmental Protection Agency, except that Section 14.4 (Procedures for Revocation) on page III-8 is not adopted; Supplement 1 to the Fifth Edition of the Manual for the Certification of Laboratories Analyzing Drinking Water, EPA 815-F-08-006, June 2008, United States Environmental Protection Agency; and Supplement 2 to the Fifth Edition of the Manual for the Certification of Laboratories Analyzing Drinking Water, EPA 815-F-12-006, November 2012, United States Environmental Protection Agency;

(7) Methods for Chemical Analysis of Water and Wastes, Methods 150.1 and 150.2, EPA 600/4-79-020, March 1983, United States Environmental Protection Agency;

(8) repealed 5/3/2019;

(9) NSF/ANSI Standard 60: Drinking Water Treatment Chemicals - Health Effects, revised as of August 22, 2012, NSF International;

(10) NSF/ANSI Standard 61: Drinking Water System Components - Health Effects, revised as of July 8, 2012, NSF International; and NSF/ANSI Standard 61: Drinking Water System Components - Health Effects, Addendum, published March 26, 2013, NSF International:

(11) Standard Methods for the Examination of Water and Wastewater, American Public Health Association, American Water Works Association, and Water Environment Federation, 22nd edition 2012, American Public Health Association;

(12) repealed 4/24/2009;

(13) Guidance Manual for Conducting Sanitary Surveys of Public Water Systems; Surface Water and Ground Water Under the Direct Influence (GWUDI), Chapter 3, EPA 815-R-99-016, April 1999, United States Environmental Protection Agency;

(14) NSF/ANSI Standard 53: Drinking Water Treatment Units - Health Effects, revised as of December 5, 2012, NSF International;

(15) ANSI/AWWA C654-13, Disinfection of Wells, in effect as of July 1, 2013, American Water Works Association;

(16) Sanitary Survey Guidance Manual for Ground Water Systems, Chapter 4, EPA 815-R-08-015, October 2008, United States Environmental Protection Agency.

(17) NSF/ANSI Standard 372: Drinking Water System Components - Lead Content, published July 31, 2011, NSF International;

(18) Hach Method 10258, Determination of Turbidity by 360° Nephelometry, Revision 1.0, January 2016, Hach Company.

(c) The department will use the requirements of the state plumbing code, as developed under AS 18.60.705, in evaluating plans submitted for approval under this chapter.

(d) Repealed 5/3/2019.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; repealed 5/2/2004, Register 170) (Eff. 10/1/99, Register 151; am 8/23/2000, Register 155; am 3/25/2001, Register 157; am 9/28/2001, Register 159; am 1/11/2004, Register 169; am 5/2/2004, Register 170; am 8/26/2004, Register 171; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 11/20/2009, Register 192; am 7/25/2010, Register 195; am 11/11/2010, Register 196; am 5/20/2011, Register 198; am 12/13/2014, Register 212; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.015 Well protection, source water protection, and well decommissioning

(a) A person may not

(1) cause pollution or contamination to enter a public water system; or

(2) create or maintain a condition that has a significant potential to cause or allow the pollution or contamination of a public water system.

(b) The owner, operator, or individual who installs or is responsible for maintaining a public water system shall ensure that the following minimum requirements for the installation and maintenance of a water well serving a public water system are met:

(1) the casing on a cased well must

(A) have a sanitary seal; and

(B) terminate at least one foot above ground level or at least one foot above the level of the well house floor, whichever offers the most protection from contamination;

(2) a cased well must be grouted in a watertight manner, using cement grout, sealing clay, bentonite, or an equivalent material as follows:

(A) at least 10 feet of continuous grout within the first 20 feet below the ground surface; or if a pitless adapter will be used, at least 10 feet of continuous grout within the first 20 feet below the pitless adapter; or

(B) for an existing well, an alternative to grouting, if the department determines that the alternate method

(i) serves the interest of public health; and

(ii) achieves protection equivalent to that provided under (A) of this paragraph;

(3) a well must be adequately protected against flooding;

(4) well pits are prohibited; however, the department will allow an existing well pit to remain if

(A) the department determines that doing so serves the interest of public health; and

(B) a registered engineer demonstrates that the pit is adequately protected from flooding;

(5) for at least 10 feet in all directions around the well, the surface must be sloped or contoured to drain away from the well; if the department determines that the potential exists for a well to become contaminated by surface water, the department may require an impervious surface extending at least two feet laterally in all directions from the well;

(6) before use, a newly constructed or reworked well must be flushed of sediment and disinfected as specified in ANSI/AWWA Standard C654-03, Disinfection of Wells, adopted by reference in 18 AAC 80.010(b);

(7) a drain pipe from a well house must not be connected to a sewer system; and

(8) organic drilling fluid may be used on a public water well only if the fluid is approved for that use by the NSF International through a listing in NSF Listings: Drinking Water Treatment Chemicals and System Components - Health Effects, adopted by reference in 18 AAC 80.010(b).

(c) In order for the department to assess the vulnerability of each drinking water source in a public water system to significant existing and potential sources of man-made contaminants, and for the department to establish protection areas for public water systems, the owner of a community water system or non-transient non-community water system shall

(1) assist the department in delineating a protection area for each source of drinking water by providing, upon request and to the extent available,

(A) a copy of the well log for each well serving a community water system or non-transient non-community water system;

(B) maps and other information such as latitude and longitude to establish the location of each drinking water source for the public water system; and

(C) information that can be used to estimate the rate of production of each drinking water source for the public water system during the highest demand season or period expected to recur annually during the next five years;

(2) assist the department in preparing a preliminary inventory of significant existing and potential sources of man-made contaminants within each drinking water protection area by providing, upon request and to the extent possible,

(A) photographs of each wellhead, spring, or surface water intake from the four cardinal directions; and

(B) photographs of the area surrounding each wellhead, spring, or surface water intake in the four cardinal directions and the four intermediate directions;

(3) within three months after receiving the preliminary contaminant source inventory from the department, assist the department in completing the inventory for each drinking water protection area by conducting a visual survey of the drinking water protection area and a search of local public records, to verify contaminant assessments and add to the inventory; and

(4) assist the department in updating protection areas, contaminant inventories, and vulnerability assessments for each source of public drinking water every five years after the initial assessment, or more frequently if requested by the department.

(d) A person who owns or is responsible for a well, hole, or excavation into a water supply source or potential water supply source for a public water system shall use appropriate methods as follows to protect the water supply source as required under (a) of this section:

(1) if the well, hole, or excavation is either active or temporarily inactive, the person shall maintain the well, hole, or excavation using appropriate methods, including methods set out in (b) of this section;

(2) if the well, hole, or excavation is permanently inactive or abandoned, the person shall protect, seal, or fill the well, hole, or excavation using appropriate methods approved by the department as set out in (e) of this section;

(3) in this subsection, "wells, holes, or excavations" include

(A) a well that may or may not be used for potable water;

(B) a hole drilled, augured, or jetted for the purpose of subsurface exploration or sampling;

(D) another form of excavation that might contaminate a public water supply source.

(e) A person who decommissions a well, including a public water supply well, an observation well associated with testing a public water system supply well, a private water well, or a monitoring well, shall document that the well was decommissioned using a method described in this subsection; for a public water supply well, the documentation includes a well log that describes the decommissioning and that is submitted to the department not later than 45 days after decommissioning is completed; decommissioning methods include the following:

(1) a method that conforms to ANSI/AWWA Standard A100-06, Water Wells, and Appendix H to ANSI/ AWWA Standard A100-06 (Decommissioning of Test Holes, Partially Completed Wells, and Abandoned Completed Wells), adopted by reference in 18 AAC 80.010(b);

(2) an alternate method that has been presented to and approved by the department as protective of public health; the department will, as the department considers necessary to serve the interest of public health, require that an alternative plan submitted under this paragraph be signed and sealed by a registered engineer; or

(3) a method that is publicly identified by the department as an approved best management practice for well decommissioning; for this alternative method, the department does not require the plan to have prior department approval or to be signed and sealed by a registered engineer.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2004, Register 169; repealed 5/2/2004, Register 170) (Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.020 Minimum separation distances

(a) A person may not construct, install, maintain, or operate a public water system unless the minimum separation distances in Table A, in this subsection, are maintained between a potential source of contamination and a drinking water source for the public water system.

TABLE A.

Minimum Separation Distances* Between Drinking

Water Sources and Potential Sources of Contamination

(Measured horizontally in feet)Potential Sources of ContaminationCommunity Water Systems, Non-transient

Non-Community Water

Systems, and Transient

Non-Community Water

SystemsWastewater treatment worksb, wastewater disposal systemb, pit privyb, sewer manhole, lift station, sewer line, and sewer line cleanout200Community sewer line, sewer main, wastewater holding tankb, other potential sources of contaminationc200Private sewer line, sewer service line, drain (buried in the ground), petroleum lines and storage tanksd, drinking water treatment wastee100

Notes to Table A:a These minimum distances will be expanded, or additional monitoring will be required under 18 AAC 80.020(b) and (e)(2).b Distance to a drinking water source is measured from the nearest edge of the drinking water source to the nearest edge of the potential source of contamination.c Other potential sources of contamination include sanitary landfills, and domestic animal and agricultural waste.d The minimum separation distances for petroleum storage tanks do not apply to tanks that contain propane, or to above-ground storage tanks or drums that, in the aggregate, have a storage capacity of less than 500 gallons of petroleum products, and that store only petroleum products necessary for the operation and maintenance of pumps, power generation systems, or heating systems associated with a potable water source.e Drinking water treatment wastes include the backwash water from filters and water softeners, and the reject water from reverse osmosis units.

(b) The department will require a greater separation distance than that required by Table A in (a) of this section if the department determines that additional distance is necessary to protect surface water, groundwater, or a drinking water source. The department will make this decision after considering soil classifications, groundwater conditions, surface topography, geology, past experience, or other factors relevant to protection of surface water, groundwater, or drinking water.

(c) A request for a waiver under (d) of this section must include the fee required under 18 AAC 80.1910(a)(11) and a report for each waiver that is sought, including multiple waivers for a single project. The report required under this subsection must

(1) be sealed by a registered engineer;

(2) justify the lesser distance and explain how the lesser distance does not threaten public health;

(3) describe soil classifications, groundwater conditions, surface topography, geology, and other environmental conditions that would assist the department in establishing a lesser separation distance; and

(4) include a set of plans consisting of

(A) record drawings if the department determines them necessary to evaluate the request;

(B) an accurate description, including the location, of potential sources of contamination and existing or potential drinking water sources in the area;

(i) address the physical and environmental conditions listed in (3) of this subsection;

(ii) will prevent contamination of the drinking water sources identified in (B) of this paragraph at the lesser distance; and

(D) other information the department determines to be necessary to assess the effect of a lesser distance upon the public water system.

(d) Upon receiving a request that conforms with (c) of this section, the department will approve a waiver of the separation distance required by Table A in (a) of this section if the department finds, after review of the report submitted under (c) of this section, that a lesser separation distance does not threaten public health, and protects existing or potential drinking water sources. As necessary to protect public health and existing or potential drinking water sources, the department will require changes to system design as a condition of approval, including increased depth of grout and changes to the pipe material, pipe bedding, joints, and pipe strength.

(e) If the department approves a lesser separation distance under this section, the owner or operator shall

(1) ensure that the system

(A) continues to meet the primary MCLs set by 18 AAC 80.300(b); and

(B) meets the secondary MCLs set by 18 AAC 80.300(c), if required under 18 AAC 80.300(d); and

(2) perform additional monitoring as the department determines necessary to ensure adequate public health protection.

(f) A person may not install a water line

(1) directly above or below a septic tank or soil absorption system at any distance;

(2) within 10 horizontal feet of a septic tank or soil absorption system; or

(3) directly above or below at any distance, or within 10 horizontal feet of a sewer line, unless

(A) the required location or separation distance cannot be met because of the site configuration, the system design, or the presence of other obstacles that have regulated separation distance requirements;

(B) the sewer line is designed and constructed in a manner equivalent to the requirements for a potable water pipe, and

(i) is pressure tested to ensure watertightness; or

(ii) is enclosed in a carrier pipe of similar strength and rating as the actual pipe, or of a strength and rating approved by the department as protective of public health, public water systems, and the environment;

(D) at locations where sewer and water lines must cross,

(i) the water line is installed above the sewer line to the maximum length possible until existing appurtenances, elevations, or depth-of-cover requirements prohibit such installation;

(ii) the sewer line uses a Type 4 or Type 5 bedding described in ANSI/AWWA Standard C600-05, Installation of Ductile-Iron Water Mains and Their Appurtenances, adopted by reference in 18 AAC 80.010(b), to protect the integrity of the sewer line in places where the elevation of a water line is below a sewer line;

(iii) the water line joints are at least nine feet from the sewer line joints; and

(iv) the water line is at least 18 vertical inches from a sewer line.

(g) Upon determining that a waiver will not threaten the public health, the public water system, or the environment, the department will waive the requirements of (f) of this section after payment of the fee required by 18 AAC 80.1910(a)(11)

(1) for a utilidor, if the water line is above the sewer line, and

(A) for an above-ground utilidor, the utilidor will not flood if pipe failure occurs; or

(B) for an underground utilidor, the utilidor is drained to a low point within the utilidor and has an automatic pumping and alarm system; or

(2) on a case-by-case basis, if design plans, reports, or drawings supporting a request for a lesser vertical and horizontal separation distance between water and sewer lines, or for other configurations are sealed by a registered engineer.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.720 AS 46.03.020; AS 46.03.710 Statutory Authority Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 8/19/2006, Register 179; am 7/25/2010, Register 195; am 11/11/2010, Register 196; am 2/11/2017, Register 221; am 5/3/2019, Register 230; am 10/1/2023, Register 247) (Eff. 10/1/99, Register 151; am 5/2/2004, Register 170; am 11/9/2006, Register 180; am 4/24/2009, Register 190

18 AAC 80.025 Cross-connections prohibited and backflow protection

(a) A person may not construct, install, or use of a cross-connection in a public water system, or allow a water system that contains a cross-connection to connect to a public water system.

(b) If the department determines that a facility has the potential to contaminate a public water system through backflow, the owner of the public water system shall install, maintain, and test on the water service line to and at other locations in that facility, a backflow prevention assembly that conforms to ANSI/AWWA Standards C510-97, Double Check Valve Backflow Prevention Assembly, or C511-97, Reduced-Pressure Principle Backflow Prevention Assembly, adopted by reference in 18 AAC 80.010(b). The owner of the public water system may delegate the installation, maintenance, and testing of the backflow prevention assembly to the operator of the facility that poses the risk. This delegation does not relieve the owner of the public water system of the responsibility to install, maintain, and test the backflow prevention assembly.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; repealed 5/2/2004, Register 170) (Eff. 10/1/99, Register 151; am 8/19/2006, Register 179; am 4/24/2009, Register 190; am 5/3/2019, Register 230

18 AAC 80.030 Chemical additives and materials

(a) Direct additives for water treatment may be used in a public water system only if they are certified for that application in accordance with NSF/ANSI Standard 60: Drinking Water Treatment Chemicals - Health Effects, adopted by reference in 18 AAC 80.010(b).

(b) Only the following materials may be used in contact with drinking water in a public water system:

(1) material that is certified for the particular drinking water contact application, in accordance with the following:

(A) NSF/ANSI Standard 53: Drinking Water Treatment Units - Health Effects, adopted by reference in 18 AAC 80.010(b);

(B) NSF/ANSI Standard 61: Drinking Water System Components - Health Effects, including the Addendum to NSF/ANSI Standard 61, both adopted by reference in 18 AAC 80.010(b);

(C) in addition to (A) and (B) of this paragraph, if needed for material that contains lead, NSF/ANSI Standard 372: Drinking Water System Components - Lead Content, adopted by reference in 18 AAC 80.010(b);

(2) material that, for the particular drinking water contact application, has a certification by NSF International (NSF), Underwriters Laboratories, Inc. (UL), the Water Quality Association (WQA), CSA Group, the International Association of Plumbing and Mechanical Officials (IAPMO), or other entity accredited by ANSI to certify products to NSF standards for drinking water contact applications;

(3) material that the department approves for the particular drinking water contact application on a case-by-case basis, based on the department's determination that the public health will be adequately protected, and if

(A) material

(i) with a certification under (b)(1) or (2) of this section is unavailable;

(ii) with a certification under (b)(1) or (2) of this section is not certified for the particular application;

(iii) with a certification under (b)(1) or (2) of this section is not appropriate for the particular application because of climactic or other unique conditions at the point of application;

(iv) with a certification by an entity other than an entity accredited by ANSI meets a standard equivalent to the comparable NSF/ANSI standard listed in (b)(1) or (2) of this section; or

(v) without an accredited third-party certification has credible documentation, by the manufacturer of the material, showing that the material complies with criteria equivalent to the comparable NSF/ANSI standard listed in (b)(1) or (2) of this section for the particular drinking water contact application; and

(B) the person seeking approval of alternate material submits documentation the department considers adequate to make a determination on the suitability of the material for contact with drinking water in the particular application; if this documentation includes the weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture, the weighted average lead content must be calculated using the formula set out in 18 AAC 80.500(c)(2).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; repealed 5/2/2004, Register 170) (Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 11/9/2006, Register 180; am 12/13/2014, Register 212; am 12/26/2014 Register 212; am 5/3/2019, Register 230

18 AAC 80.035 Disinfection of water from a source other than surface water, GWUDISW, or groundwater

(a) This section applies to a public water system that

(1) is a water hauler;

(2) is a seawater system; or

(3) has any other source of water that is not classified as surface water, GWUDISW, or groundwater.

(b) The department will require the owner of a public water system to install and maintain continuous disinfection if the department determines that continuous disinfection is necessary to protect public health and

(1) the department is aware of a condition that poses a threat to the microbiological quality of water;

(2) the system is in violation of the MCL for Escherichia coli bacteria set by 40 C.F.R. 141.63(c) and (d), adopted by reference in 18 AAC 80.010(a); or

(3) the department determines that a significant potential exists for violation of the MCL for Escherichia coli bacteria set by 40 C.F.R. 141.63(c) and (d), adopted by reference in 18 AAC 80.010(a).

(1) monitor the system daily to maintain a residual disinfectant concentration of not less than 0.2 mg/l in the water entering the distribution system; if the residual disinfectant concentration in a system using grab sampling instead of continuous monitoring falls below 0.2 mg/l, the operator shall take a grab sample at least every four hours until the concentration is raised to 0.2 mg/l or higher;

(2) maintain a detectable residual disinfectant concentration in the distribution system, as follows:

(A) the concentration must be measured at the same frequency and locations required for total coliforms in 18 AAC 80.400 - 18 AAC 80.425;

(B) the concentration may not be undetectable in more than five percent of the samples each month for two consecutive months during which the system serves water to the public;

(C) the heterotrophic plate count (HPC) may be measured as described in 18 AAC 80.1103(5)(B) instead of residual disinfectant concentration; water in the distribution system with a heterotrophic bacteria density less than or equal to 500 per ml is considered a detectable residual for purposes of determining compliance with this paragraph; and

(3) report the monitoring results required by this section to the department within 10 days after the last day of each month during which the system serves water to the public, subject to the report certification requirements of 18 AAC 80.1900.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720 Statutory Authority Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/20/2011, Register 198; am 2/11/2017, Register 221; am 5/3/2019, Register 230) (Eff. 10/1/99, Register 151; am 5/2/2004, Register 170; am 4/24/2009, Register 190; am 7/25/2010, Register 195

18 AAC 80.045 Treatment techniques for acrylamide and epichlorohydrin

(a) If acrylamide or epichlorohydrin, either separately or in combination, is used in a public water system, the owner shall annually certify to the department in writing that the amount of acrylamide and epichlorohydrin at the dose and monomer level does not exceed the following percentages:

(1) for acrylamide, 0.05 percent dosed at 1 ppm, or equivalent;

(2) for epichlorohydrin, 0.01 percent dosed at 20 ppm, or equivalent.

(b) The certification required under (a) of this section must:

(1) be provided to the department by January 15 of each year to cover the prior calendar year;

(2) include evidence that the product complies with 18 AAC 80.030;

(3) include calculations, using manufacturer's data, to document the applied dose; and

(4) include a copy of the manufacturer's list of ingredients.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190

18 AAC 80.050 Deficiencies, sanitary defects, and corrective actions

(a) Without requiring a corrective action plan, the department may require corrective action

(1) as provided under another provision of this chapter; or

(2) to prevent or remedy a deficiency or sanitary defect that does not directly or indirectly cause, or have the potential to cause, a risk to public health.

(b) The department will require corrective action if

(1) another provision of this chapter provides that the department will require corrective action but not necessarily a corrective action plan; or

(2) the department determines that corrective action, but not necessarily a corrective action plan, is required to prevent or remedy a risk to public health, regardless of whether the direct, indirect, or potential cause of that risk is a deficiency or sanitary defect.

(1) another provision of this chapter provides that the department will require a corrective action plan; or

(2) the department determines that a corrective action plan is required to prevent or remedy a risk to public health, regardless of whether the direct, indirect, or potential cause of that risk is a deficiency or sanitary defect.

(d) If the department requires corrective action under (a), (b), or (c) of this section, the deficiency or sanitary defect, or the direct, indirect, or potential cause of a risk to public health, will be considered to be adequately addressed only when corrective action has been approved by the department or completed in accordance with a corrective action plan approved by the department.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 5/20/2011, Register 198; am 2/11/2017, Register 221

18 AAC 80.055 Public water system emergency preparedness requirements

(a) The owner or authorized representative of a community water system serving 1,000 or more individuals shall

(1) complete a security vulnerability assessment; and

(2) prepare a written emergency response plan.

(b) The owner or authorized representative of a community water system serving fewer than 1,000 individuals shall prepare a written emergency priority measures plan.

(1) consist of an evaluation of the vulnerability of the system to an emergency; the specific risks to be assessed must be based on

(A) the system's location, climate exposure, age, size, design and construction, and staff and operation; and

(B) external factors, including local history, services, transportation, communication, and activities; and

(2) consider potential risks to

(A) pipes and constructed conveyances;

(B) physical barriers;

(D) electronic, computer, and other automated systems;

(E) use, storage, and handling of all chemicals;

(F) operation and maintenance of the system; and

(G) the resiliency and ability of the system to ensure continuity of operations if an emergency causes a disruption.

(d) An emergency response plan for a community water system subject to (a) of this section must

(1) be based on the risks identified in a vulnerability assessment as described in (c) of this section;

(2) describe the system's immediate response to emergencies, its plans to return to regular service as soon as possible after an emergency, and how drinking water from an alternate water supply will be made available to a system's customers during an emergency;

(3) include a record of system-specific information critical to safe operation of the system; this information must be stored in a form that will remain accessible in the event of power loss;

(4) set out provisions for loss or inoperability of equipment, including

(A) identification of critical system components;

(B) an inventory of equipment needs and availability in an emergency, including

(i) the location of existing emergency equipment, generators, and spill response materials;

(ii) identification of additional emergency equipment needs; and

(iii) procedures for obtaining additional services and equipment, including critical spare parts; and

(5) describe the duties and responsibilities of key system personnel in emergencies, including an established chain of command that designates authority and takes into account the possible absence of any given individual;

(6) set out an outline of communication pathways among system personnel and between system personnel and non-system personnel who might be expected to respond to an emergency, including the locations of up-to-date emergency contact lists;

(7) set out provisions for emergency sampling and testing for the presence of chemical or microbiological contaminants in the water; those provisions must include

(A) identification and location of emergency sampling and testing supplies; and

(B) procedures for testing and sampling;

(8) identify alternate drinking water supplies sufficient to meet the needs of the system's individual customers during an emergency, including

(A) a plan to provide an alternate water supply for the duration required to ensure the health and safety of the individuals whom that particular system serves; and

(B) procedures for obtaining and distributing water from each identified alternate water supply, including testing and treating the water if needed; and

(9) set out a plan for annually training staff in each component of the emergency response plan.

(e) An emergency priority measures plan for a system subject to (b) of this section must comply with (d)(4)(C), (5), (6), (8), and (9) of this section.

(f) A community water system subject to this section must have, in a place available at all times to its operator, a copy of its current emergency response plan or a copy of its emergency priority measures plan, as applicable.

(g) The owner or authorized representative of a community water system subject to this section shall submit to the department an initial certification of compliance, on a form provided by the department and subject to 18 AAC 80.1900, as follows:

(1) for a community water system described in (a) of this section that is in operation on August 20, 2012, not later than 18 months after August 20, 2012, the owner or authorized representative shall certify that the system complies with the requirements of (a)(1) and (2) of this section;

(2) for a community water system subject to (b) of this section that is in operation on August 20, 2012, not later than 12 months after August 20, 2012, the owner or authorized representative shall certify that the system complies with the requirements of (b)(1) of this section;

(3) for a new community water system subject to (a) of this section that first becomes operational after August 20, 2012, not later than 60 days after receiving its approval to operate under 18 AAC 80.210(e) or (f), whichever comes first, in addition to complying with 18 AAC 80.207(d)(4), the owner or authorized repesentative shall certify that the system complies with the requirements of (a)(1) and (2) of this section;

(4) for a new community water system subject to (b) of this section that first becomes operational after August 20, 2012, not later than 60 days after receiving its approval to operate under 18 AAC 80.210(e) or (f), whichever comes first, in addition to complying with 18 AAC 80.207(d)(4), the owner or authorized representative shall certify that the system complies with the requirements of (b)(1) of this section.

(h) Repealed 5/3/2019.

(i) Failure to file the initial certification required in (g) of this section is subject to administrative penalties under 18 AAC 80.1200 - 18 AAC 80.1290.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 8/20/2012, Register 203; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.057 Notifying the department of an emergency

The owner or operator of a community water system, non-transient non-community water system, or transient non-community water system shall report an emergency to the department, by telephone or electronic mail, as soon as possible but not later than 24 hours after the emergency is known to the owner or operator, including situations in which

(1) the lack of operation results in inadequate treatment;

(2) an event occurs that threatens the public health or water quality;

(3) the water treatment works floods; or

(4) any part of the water treatment works is bypassed during equipment breakdown.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 5/3/2019, Register 230

Article 2 Public Water System Review and Approval Requirements

18 AAC 80.200 System classification and plan approval

(a) The department will classify each public water system as a community water system, non-transient non-community water system, or transient non-community water system, based on information

(1) submitted by the owner of the system; and

(2) compiled by the department.

(b) Subject to (c), (d), (f), and (g) of this section, to construct, install, alter, renovate, improve, or operate a community water system, non-transient non-community water system, or transient non-community water system, or a part of one, the owner must have prior written approval of engineering plans that comply with 18 AAC 80.205.

(c) Prior written approval under this section is not required for an emergency repair or routine maintenance of a public water system or for a single-service line installation or modification. In the case of an emergency repair, the notification requirements in 18 AAC 80.057 apply.

(d) The design of a public water system in existence on or before October 1, 1999 and that did not receive plan approval by the department must conform to standard sanitary engineering principles and practices and adequately protect the public health. If the system does not conform to standard sanitary engineering principles and practices, the owner may seek department approval for an alternate design for the system by submitting a report that justifies the alternate design. The report must

(1) be signed and sealed by a registered engineer;

(2) include considerations of soil type, surface water influence, groundwater, surface topography, geologic conditions, data showing the capability of the water system source to meet minimum water consumption needs, storage capacity, the production capability of the water treatment plant, well logs, well yield test results, and other conditions considered by the department as important in establishing the adequacy of the system to reliably protect public health;

(3) include a set of engineering plans of the existing system with an accurate description, including the number and location, of potential sources of contamination, water bodies, water sources in the area, and service connections; and

(4) include the name, address, telephone number, and facsimile number of the owner.

(e) If a public water system described in (d) does not adequately protect the public health, the department will require the system to be redesigned and approved in accordance with this chapter.

(f) If the department approves an alternate design under (d) of this section, the owner shall

(1) ensure that the system

(A) continues to meet the primary MCLs set by 18 AAC 80.300(b); and

(B) meets the secondary MCLs as required in 18 AAC 80.300(c); and

(2) in addition to monitoring required for the contaminants for which MCLs are set under 18 AAC 80.300, perform any contaminant monitoring that the department determines necessary to serve the interests of public health.

(g) Written approval under this section is not required for a project that is approved to demonstrate an innovative technology or device in a public water system under 18 AAC 80.225, provided the project does not exceed one year from the date of installation to the date that the demonstration ends.

(h) Repealed 2/11/2017.

(i) Repealed 2/11/2017.

(j) Repealed 2/11/2017.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720 Statutory Authority Authority: AS 46.03.020; AS 46.03.761
Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 2/11/2017, Register 221; am 5/3/2019, Register 230) (Eff. 9/21/2002, Register 163

18 AAC 80.205 Engineering plans

(a) Engineering plans submitted for approval under 18 AAC 80.200 must include

(1) a completed application, on a current form provided by the department;

(2) construction drawings and specifications for

(A) the water source;

(B) storage;

(D) the distribution system;

(E) the water treatment works; and

(F) related structures, including well houses, treatment plant buildings, and pump stations;

(3) plans and profiles of the water mains, as applicable;

(4) design criteria, calculations, and flow analysis computations for water demand, storage tank sizing, distribution main sizing, pump sizing, and other components of the new public water system if requested by the department to ensure that the design is adequate; and

(5) a specification that at least 20 psi of service pressure at the highest elevation or pressure zone of a distribution main be maintained under peak design demand.

(b) The plans for each community water system, non-transient non-community water system, or transient non-community water system must include

(1) the fee required under 18 AAC 80.1910(b);

(2) data showing the capability of the public water system source to meet minimum water consumption needs, criteria for water demand calculations, and the production capability of the water plant;

(3) the location, stated as the horizontal position and elevation, of each proposed or existing wastewater treatment and disposal system, sewage pump station, sewer line manhole and cleanout, petroleum storage tank and line, and potential or actual source of pollution or contamination, including the sources listed in Table A in 18 AAC 80.020(a), within 500 feet or less of a proposed water source, regardless of property lines or ownership; however, the department will

(A) waive or modify the requirement of this paragraph, with respect to a particular potential or actual source of pollution or contamination, if the plans include documentation to the department's satisfaction that access to the property where the source is located has been denied, or that another circumstance beyond the owner's control prevents the statement of the source's location as required;

(B) require that the plans include the location of a potential or actual source of pollution or contamination that is more than 500 feet from a proposed water source, if the department considers the information necessary to assess the risk to public health;

(4) the location, in longitude and latitude to the closest second, of each well and surface water intake and the method used to determine longitude and latitude on a form provided by the department;

(5) for a system that uses treatment,

(A) the overall treatment scheme, including calculations, if required under this chapter, for disinfection and how pathogenic microbial organisms, including Giardia lamblia, Cryptosporidium, and viruses, will be removed or inactivated; and

(B) if the treatment system incorporates automation, information including

(i) process and instrumentation diagrams;

(ii) programmable logic controllers (PLC) loop descriptions; and

(iii) a process control narrative including system alarms, alarm triggers, and response actions;

(6) the name, address, telephone number, and facsimile number of the owner;

(7) a specification that only lead-free pipe, flux, and solder will be used, as required by 18 AAC 80.500;

(8) for a public water system that uses compressed air to pressurize hydropneumatic tanks, information proving that air quality will not contribute contaminants to the water;

(9) other information that the department determines is necessary to assess compliance with this chapter; and

(10) documentation showing the existence or formation, before beginning construction of the system, of a local government organization, a homeowner's association, a private utility, a commercial entity, or other entity, the purpose of which is to operate and maintain the system.

(c) In addition to the information required by (a) and (b) of this section, the owner shall submit the following information:

(1) for a community water system, non-transient non-community water system, or transient non-community water system proposing to make a change in the water treatment process that could change water quality, such as adding new chemicals, changing the filtration process, or changing the disinfection process,

(A) the water quality test results for raw water and treated water that identify the contaminants for which MCLs are set under 18 AAC 80.300 and for which treatment techniques and action levels are set under 18 AAC 80.303, and that are important to the design of the treatment process;

(B) an engineering evaluation of water quality data that demonstrates the proposed changes will not interfere with a proposed or existing downstream treatment process; and

(2) for a public water system proposing to use a new source, the results of raw water testing, conducted before operation, as shown in Table B of this paragraph; and

Table B. Minimum Raw Water Testing Requirements for a System

Proposing to Use a New Water Source Community

or Non-

Transient Non-

Community Transient Non-

Community Ground

water Surface

Water Ground

water Surface

Water Total Coliform Bacte-

ria (See 40

C.F.R. 141.63)YesYesYesYesInorganic Chemicals

(not including

asbestos) (See 40

C.F.R. 141.62)YesYesNoNoNitrate (See 40

C.F.R. 141.62)YesYesYesYesNitrite (See 40

C.F.R. 141.62)YesYesYesYesVolatile Organic

Chemicals (See 40

C.F.R. 141.61)YesYesNoNoSecondary

Contaminants

(See 40 C.F.R. 143.3)YesYesNoNoTotal Organic

Carbon (TOC) (See

40 C.F.R. 141.2)Yes, if system

uses

disinfectionYes, if

system

uses

disinfec-

tionNoNo

(3) for a community water system, non-transient non-community water system, or transient non-community water system that has a new water source that is

(A) a groundwater source, raw water quality data sufficient for the department to determine whether the source is GWUDISW;

(B) surface water or GWUDISW, raw water quality sufficient to allow the department to determine whether the proposed water treatment equipment complies with 18 AAC 80.600 - 18 AAC 80.680;

(4) for a community water system or non-transient non-community water system whose owner plans to add a disinfectant to the water in any part of the drinking water treatment process, raw water quality data sufficient for the department to determine whether the public water system will comply with 18 AAC 80.300(b)(2)(C);

(5) for a community water system or non-transient non-community water system, raw water quality data sufficient to allow the department to determine whether the proposed water treatment equipment will control the corrosivity of the water;

(6) for all public water systems, raw water quality data for a potential contaminant, if the department determines that the data serves the interest of public health.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.207 Capacity

(a) The department will not issue an approval to construct a new community water system or non-transient non-community water system under 18 AAC 80.210 unless the department determines, based on the information provided under (b) - (d) of this section, that the community water system or non-transient non-community water system has the technical, managerial, and financial capacity to operate in compliance with 40 C.F.R. 141 and this chapter.

(b) The department will base a determination of technical capacity upon the capability of the public water system to consistently produce and deliver water in compliance with this chapter. To assess that capability, the department will examine

(1) the physical infrastructure of the system, including the adequacy of

(A) the source water; and

(B) infrastructure components, including

(i) treatment;

(ii) storage;

(iii) distribution;

(iv) pumps, pump facilities, and controls; and

(v) a master meter as described in 18 AAC 80.235;

(2) the ability of system personnel to adequately operate and maintain the system and otherwise implement technical knowledge; and

(3) for a new community water system or non-transient non-community water system, the engineering plans; those plans must include documentation showing the system's technical capacity, including

(A) a written plan for the operation and maintenance of all components of the proposed system;

(B) the information required under 18 AAC 80.205; and

(c) The department will base a determination of financial capacity upon the capability of the owner of a new community water system or non-transient non-community water system to provide the financial resources necessary for the consistent production and delivery of water in compliance with this chapter. To assess that capability, the department will examine the owner's revenue sufficiency, credit worthiness, and fiscal controls. The owner of a new community water system or non-transient non-community water system shall provide

(1) for a proposed public water system that is a public utility and is not exempt from AS 42.05 under AS 42.05.711 or AS 42.05.712,

(A) a copy of the application for the certificate of public convenience and necessity that has been submitted to the Regulatory Commission of Alaska; and

(B) written verification from the Regulatory Commission of Alaska that an application for a certificate of public convenience and necessity has been submitted;

(2) for a proposed public water system that is a public utility but is exempt from AS 42.05 under AS 42.05.711 or 42.05.712, including a municipally owned system, a completed application on a form provided by the department, describing the owner's revenue sufficiency, credit worthiness, and fiscal controls;

(3) for a proposed public water system that is not a public utility

(A) a proposed financial plan and annual budget showing estimated system income and operation costs; and

(B) a completed financial capability assessment, on a form provided by the department and as described in 18 AAC 76.225(b)(7), or on the forms used by the Department of Commerce, Community, and Economic Development to assist communities in dealing with sanitation utility issues;

(4) other information that the owner believes will demonstrate financial capacity; and

(5) other information that the department considers necessary to assess the financial capacity of the proposed public water system.

(d) The department will base a determination of managerial capacity upon the capability of the owner of a new community water system or new non-transient non-community water system to provide the management structure necessary for the consistent production and delivery of water in compliance with this chapter. To assess that capability, the department will examine the owner's ownership accountability, staffing, organization, and means of communication with customers, professional service providers, the department, and other regulatory agencies. The owner of a new community water system or new non-transient non-community water system shall provide

(1) for a proposed public water system that is a public utility and is not exempt from AS 42.05 under AS 42.05.711 or AS 42.05.712,

(A) a copy of the application for the certificate of public convenience and necessity that has been submitted to the Regulatory Commission of Alaska; and

(B) written verification from the Regulatory Commission of Alaska that an application for a certificate of public convenience and necessity has been submitted;

(2) for a proposed public water system that is a public utility but is exempted from AS 42.05 under AS 42.05.711 or 42.05.712, including a municipally owned system, a completed application on a form provided by the department, describing the owner's ownership accountability, staffing, organization, and means of communication with customers;

(3) for a proposed public water system that is not a public utility

(A) documentation showing ownership and plans, if any, for transfer of that ownership on completion of construction or after a period of operation;

(B) a description of the management structure of the proposed system, including the duties of each position; in providing this information, the owner may include bylaws, ordinances, articles of incorporation, or procedures and policy manuals that describe the management organization structure;

(C) a description of the proposed staffing, including training, experience, certification or licensing, and continuing education completed by the proposed system staff; and

(D) an explanation of how the proposed system will establish and maintain effective communications and relationships between the public water system management, its customers, professional service providers, and regulatory agencies;

(4) a written contingency plan showing that the owner is able to provide water in compliance with this chapter to each customer within 24 hours after an event that has the potential to cause

(A) contamination of the water system above applicable MCLs as described in 18 AAC 80.300; or

(B) a lack of water pressure or supply;

(5) the name, address, telephone number, and facsimile number of each individual operator and verification that each individual operator is certified under 18 AAC 74, if required;

(6) other information that the owner believes will demonstrate managerial capacity; and

(7) other information that the department considers necessary to assess the managerial capacity of the proposed public water system.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 8/19/2006, Register 179; am 4/24/2009, Register 190; am 5/3/2019, Register 230

18 AAC 80.210 Department review of engineered plans; approval to construct; approval to operate

(a) The department will issue its approval or denial to construct a community water system, non-transient non-community water system, or transient non-community water system not later than 30 days after the department receives all of the plans and information required by this chapter. If the submittals are deficient, the department will notify the owner that additional information is needed. Failure of the department to issue an approval or denial to construct within 30 days does not constitute automatic approval of the plans.

(b) The department will not issue an approval to construct a new community water system or a new non-transient non-community water system if the department determines that the submitted plans, specifications, and information do not meet the requirements of technical, managerial, and financial capacity under 18 AAC 80.207.

(1) sign the construction portion of a construction and operation certificate for public water systems;

(2) send a copy of the certificate, as signed under (1) of this subsection, to the owner of the public water system;

(3) assign the public water system an identification number, if an identification number has not previously been assigned;

(4) determine if interim approval to operate may be necessary following construction and before final approval to operate is issued, to ensure that treatment or other processes meet the applicable requirements of this chapter; and

(5) require the applicant to request approval to operate before the construction approval expires under 18 AAC 80.215(b).

(d) A public water system that has received a department approval to construct may not serve water for public consumption until

(1) construction is complete;

(2) the finished water analyses for coliform bacteria and for a raw water contaminant that exceeded an MCL under 18 AAC 80.300 or that exceeded an action level or requires a treatment technique under 18 AAC 80.303 are complete and approved;

(3) the department receives and grants a request for either interim approval to operate under (e) of this section or final approval to operate under (f) of this section; and

(4) for a new community water system or new non-transient non-community water system, the terms and conditions set by the department regarding financial and managerial capacity under 18 AAC 80.207 have been met.

(e) If the department grants interim approval to operate under (d) of this section, the department will

(1) sign the interim operation portion of a construction and operation certificate for public water systems; upon the department's signing of the interim operation section of the certificate, operation of the water system for a department-specified period of time is approved; and

(2) send a copy of the certificate, as signed under (1) of this subsection, to the owner.

(f) The department will grant final approval to operate if the department receives a request for final approval to operate and if

(1) record drawings, signed and sealed by a registered engineer, are submitted after construction completion or during the interim approval period;

(2) the record drawings submitted under (1) of this subsection confirm that the system meets the requirements of this chapter and provide public health protection;

(3) all written terms and conditions set by the department for the construction and, if applicable, for interim approval to operate are met;

(4) for all new community water systems or new non-transient non-community water systems, the new system meets the technical capacity requirements of 18 AAC 80.207; and

(5) for a new community water system, new non-transient non-community water system, or new transient non-community water system, a summary of information, from the initial construction submittals of plans and information required by this chapter, and from record drawings required in (1) of this subsection, is

(A) completed and signed by the registered engineer who signed and sealed the record drawings; and

(B) submitted on a current form provided, and in a format approved, by the department with the request for final approval to operate; and

(6) for a new water well, the raw water analyses submitted under 18 AAC 80.205(c)(2) show that the minimum testing requirements in Table B of that paragraph are met.

(g) If the department grants final approval to operate under (f) of this section, the department will

(1) sign the final operation portion of a construction and operation certificate for public water systems; and

(2) send a copy of the certificate, as signed under (1) of this subsection, to the owner.

(h) For a system using a well, not later than 45 days after the drilling of the well is completed, the well logs must be submitted to the department for a well that is intended to serve a public water system, including a well not in operation but that is connected to the public water system on a standby basis for purposes such as fire protection and emergencies. For purposes of the department's review, the well log must contain the following information, as applicable:

(1) the names and addresses of the

(A) well owner; and

(B) well driller;

(2) the location of the well, including

(A) a physical address; and

(B) a detailed description of well placement on the site, such as a latitude-longitude or legal description;

(3) the anticipated use of the well;

(4) the method of well construction;

(5) the types of fluids used for drilling;

(6) an accurate log of the soil, fill, ice, frozen soil, and rock formations encountered, including water bearing zones and the depth below ground surface at which the formations occur;

(7) the total depth below ground surface of the well;

(8) casing and liner information as applicable, including

(A) the height of the casing above ground surface;

(B) the depth of the casing and liner below ground surface;

(D) the casing and liner material, wall thickness, and type;

(9) grouting information, including;

(A) the depth below ground surface of grouting;

(B) grout type;

(D) volume of grout used;

(10) the depth below ground surface of the pitless adapter, if applicable;

(11) well opening information, including

(A) the type and size of well opening;

(B) the depth below ground surface of a screen, perforation, or opening in the casing or borehole;

(D) if used, the type, size, and location of filter pack material;

(12) the well development method;

(13) the depth below ground surface to the static water level;

(14) well yield information, including

(A) the results of a well yield, aquifer, or drawdown test that was conducted; and

(B) the maximum well yield; and

(15) if the water well contractor or person who constructs the well installs a pump during construction, the depth of the pump intake and the pump make and model.

(i) A signed construction and operation certificate for public water systems does not relieve the owner of the public water system of the responsibility to

(1) construct, operate, and maintain the system in compliance with this chapter;

(2) get a permit to appropriate water under AS 46.15; or

(3) comply with other state law.

(j) The department will waive the requirement for submission of record drawings if it makes an onsite inspection and finds that the system was constructed as approved. The owner shall pay the fee required by 18 AAC 80.1910(a)(1) for an onsite inspection conducted under this subsection.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720 Statutory Authority Authority: AS 46.03.020; AS 46.03.761; AS 46.03.850
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/3/2019, Register 230) (Eff. 9/21/2002, Register 163; am 1/11/2006, Register 177

18 AAC 80.215 Revocation, expiration, or extension of approval

(a) The department will revoke an approval issued under 18 AAC 80.210 if

(1) the owner fails to comply with the procedures set out in 18 AAC 80.210; and

(2) the department determines that revocation is necessary to protect the public health.

(b) An approval to construct issued under 18 AAC 80.210 is valid for two years after issuance. If the applicant fails to complete a project to construct, install, alter, renovate, or improve the public water system within the specified two years, the applicant must, before construction approval expires, request an extension of construction approval to complete the project. To apply for an extension, the applicant must resubmit, for department review and approval, the plans and information required under 18 AAC 80.210(a). If during the two-year period the site conditions, plans and information, and relevant requirements in this chapter have not changed, and if the applicant pays the fee required by 18 AAC 80.1910(a)(12), the department will grant the applicant an extension.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/3/2019, Register 230

18 AAC 80.220 Vehicle used to haul water

(a) The owner of a public water system that uses a vehicle to haul raw water, partially treated water, or potable water as part of a public water system shall get approval to operate from the department for each vehicle before using the vehicle to haul water. Approval may be gotten by

(1) submitting the plans and specifications required under 18 AAC 80.200 - 18 AAC 80.205 for each vehicle to the department; as the department determines necessary to serve the interests of public health, the department will require that the plans and specifications be signed and sealed by a registered engineer; after receiving plans and specifications required under 18 AAC 80.200 - 18 AAC 80.205, and if the department determines that an onsite inspection is necessary to serve the interests of public health, the department will require that the owner make the vehicle available for onsite inspection, and will inspect the vehicle no later than 30 days after receiving notice that the vehicle is available for inspection; the owner shall pay the fee required by 18 AAC 80.1910(a)(1) for an inspection conducted under this paragraph; or

(2) making the vehicle available for onsite inspection, if the department agrees to inspection instead of submitting plans and specifications under (1) of this subsection; the department will inspect the vehicle not later than 30 days after receiving notice that the vehicle is available for inspection; the owner shall pay the fee required by 18 AAC 80.1910(a)(1) for an inspection conducted under this paragraph.

(b) After the department approves the plans and specifications under 18 AAC 80.210, and after a vehicle passes an inspection, if required under (a)(1) of this section, or after a vehicle passes an inspection under (a)(2) of this section, the department will grant final approval to operate under 18 AAC 80.210(g).

(c) An approval to operate under this section does not relieve the owner of the responsibility to operate and maintain the vehicle in compliance with this chapter.

(d) If the vehicle is used to transport potable water, the owner shall conspicuously mark a vehicle used to distribute potable water "POTABLE WATER ONLY."

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720 Statutory Authority Authority: AS 46.03.020; AS 46.03.761; AS 46.03.850
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/3/2019, Register 230) (Eff. 9/21/2002, Register 163; am 1/11/2004, Register 169; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 4/24/2009, Register 190; am 8/20/2012, Register 203; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.225 Application to demonstrate an innovative technology or device

(a) The department will approve an application to demonstrate an innovative technology or device at a public water system if the

(1) purpose of a demonstration is to

(A) assure that the innovative technology or device meets the necessary safety and performance standards of this chapter; and

(B) allow the innovative technology or device to be field-tested in this state without plan review under 18 AAC 80.200 - 18 AAC 80.210 during the demonstration period;

(2) department determines that the requirements of (e) and (f) of this section are met; and

(3) department finds that the public health and the public water system is adequately protected.

(b) The owner of a public water system who proposes the use or application of an innovative technology or device in the public water system's infrastructure shall submit an application for department approval under this section.

(c) An application under this section must be accompanied by the fee required by 18 AAC 80.1910(a)(10) and must describe the innovative technology or device, its proposed use, and its performance. The application must include

(1) the name of the innovative technology or device;

(2) a list of the construction materials;

(3) the proposed configuration;

(4) performance claims made by the manufacturer;

(5) information regarding approvals in other states or countries, if any, including if known, the name, address, and telephone number of the reviewing officer in each state or country;

(6) quality assurance information, including

(A) the name of the person responsible for overseeing the demonstration project;

(B) a plan for monitoring raw water quality, pretreatment effluent water quality, and finished water quality to verify and ensure that assumptions for the design of the treatment equipment are met;

(D) the operational requirements for the innovative technology or device and its ease of use;

(7) information about reliability features including unit alarms, automatic shutdown, and the system's capability for effective and safe manual operation if an automated system failure occurs;

(8) information on how the public water system's customers will be notified of the proposed and ongoing project;

(9) a description of the basic operation and maintenance needs, including

(A) chemicals, spare parts, labor, instrumentation, energy requirements, and ongoing monitoring;

(B) a replacement and maintenance schedule;

(D) a description of periodic cleaning requirements, including the expected resulting down time;

(E) the response time of the equipment supplier to service calls;

(F) provisions for storage, auxiliary treatment, or bypassing if equipment problems occur;

(G) required backwashing frequency, the filter-to-waste capability, and any disposal and storage requirements related to backwashing;

(H) auxiliary needs, including media regeneration;

(10) pretreatment requirements;

(11) chemical feed requirements;

(12) finished water storage;

(13) operator expertise required to operate the innovative technology or device;

(14) manuals and training to be provided to the operator;

(15) the capability of the treatment process to produce finished water of a consistent quality, on a 24-hour per day, 8-hour per day, intermittent, and seasonal basis;

(16) environmental impacts, including waste disposal needs;

(17) the life cycle costs of the innovative technology or device, including the costs of

(A) the facilities;

(B) the appurtenances;

(D) parts that must routinely be replaced such as membranes, filters, and cartridges;

(18) objective and verifiable data to support performance claims, including third-party certifications, data from independent third parties, study data, the manufacturer's test data, and approvals from other states, countries, or federal agencies; the information submitted under this paragraph must be sufficient for the department to determine, as applicable,

(A) the pathogen removal credits for the Giardia lamblia microorganism and viruses as appropriate;

(B) compliance with MCLs of concern;

(D) monitoring frequency required for the innovative technology or device; information on monitoring frequency must be obtained from product and process technical information, including shop drawings, process schematics and descriptions, power requirements, capacity and dimensional data, required auxiliary equipment, information on conditions for and limitations on process applicability, and quality control processes;

(E) the effectiveness of the innovative technology or device under site-specific conditions with respect to

(i) source water quality, considering seasonal variations;

(ii) finished water quality requirements;

(iii) finished water quality produced, including consistency;

(iv) design flow rates;

(v) the useful life of the device;

(vi) external environmental issues;

(vii) storage requirements, space requirements, and accessibility;

(viii) other treatment needs, such as pre-treatment water or post-treatment water;

(ix) the range of field extremes;

(x) the worst case and best case adaptability of the technology or device to various raw water qualities;

(xi) differential pressure conditions;

(xii) the reliability of treatment facilities, including redundancy of equipment; and

(xiii) operational conditions, including stopping and starting;

(F) the availability of technical support, including water treatment system manufacturer or supplier support;

(G) the qualifications of the water treatment system supplier;

(H) how operators will be trained;

(I) the laboratory services to be used; and

(J) the names of independent engineering consultants, if any, to be used in the project;

(19) a list of nationally recognized codes and standards that were followed in developing and planning the installation of the device;

(20) materials safety verification that includes supporting documentation concerning safety and use, the applicant may include as verification

(A) a listing within ANSI, NSF, UL, or MIL standard or an equivalent; and

(B) documentation of compliance with appropriate regulations of the United States Food and Drug Administration for food additives, found in 21 C.F.R. 170 - 190;

(21) material safety data sheets; and

(22) an operations manual for using the innovative technology or device in the proposed configuration.

(d) If the information submitted under (c) of this section is not sufficient for an approval under this section, the department will authorize a pilot test as a method of evaluating onsite performance and to prove that the technology or device is appropriate for use in this state. The department will authorize a pilot test only if the test serves the interests of public health, and only with an approved plan of action from the applicant. The plan of action must include necessary monitoring, quality control, data recording and reporting, evaluations, and a project summary. The department will provide written guidelines describing the criteria to be evaluated in the demonstration. A demonstration is not subject to the plan review requirements of 18 AAC 80.200 - 18 AAC 80.225 if the duration of the project does not exceed one year from the date of installation to the date that the demonstration ends. All other requirements of this chapter that apply to the public water system remain in effect during the demonstration. If the department allows a pilot test of the proposed technology or device, in addition to the requirements of (d) of this section, the applicant shall

(1) describe each known risk associated with the demonstration project;

(2) describe how drinking water contamination will be prevented during the demonstration project; means of preventing contamination include

(A) use of the innovative technology or device in conjunction with existing approved devices; and

(B) discharging the treated water;

(3) provide an example of the records and data to be collected during the demonstration project;

(4) provide the qualifications of each person who will record data;

(5) estimate the duration of the demonstration;

(6) provide plan drawings of the proposed installation;

(7) provide the names and telephone numbers of contact persons;

(8) identify the proposed installation site;

(9) submit a letter from the owner of the public water system, agreeing to participation.

(e) The department will evaluate an application submitted under (a) of this section to assess compliance with this chapter and the suitability of the innovative technology or device for use in the public water system. The department will base its denial or approval upon an evaluation of

(1) the potential risk of contamination entering the public water system during normal operation, abnormal operation, or catastrophic failure;

(2) the methods used to determine the potential risk of contamination entering the public water system during normal operation, abnormal operation, or catastrophic failure;

(3) factors relating to the ease of use, including the operator skills required to operate the innovative technology or device safely and effectively, the necessity for spare parts or special chemicals, and the ease of obtaining products for maintenance and repair;

(4) whether the device met performance claims and regulatory requirements during the field test;

(5) conditions particular to this state and known or suspected to limit the effectiveness of technology; those conditions include permafrost and freezing;

(6) the history of the device in other water systems in this state, other states, or other countries.

(f) Based on a review of the innovative technology's performance, its suitability for use in this state, and the results of any pilot test or field demonstration performed under this section, the department will approve or deny the application for use of an innovative technology or device. Approval constitutes

(1) approval of a generic technology, not an endorsement or approval of a specific commercial product;

(2) site-specific approval of the innovative technology or device for initial use or for a pilot test; and

(3) approval for the proposed project only.

(g) Permanent installation of approved innovative technology is subject to 18 AAC 80.200 - 18 AAC 80.225. Engineering plans submitted under 18 AAC 80.200 must include a plan for converting from a temporary to a permanent installation.

(h) The applicant may resubmit an application that has been denied under this section after correcting each deficiency identified by the department in its denial of the initial application.

(i) The department will maintain a list of each innovative technology or device approved under this section.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/3/2019, Register 230

18 AAC 80.230 Qualified operator for a system that fluoridates

Repealed.

History

Authority: AS 46.03.020; AS 46.03.761; AS 46.03.850
Eff. 10/1/99, Register 151; repealed 9/28/2001, Register 159) (Eff. 9/21/2002, Register 163; am 1/11/2006, Register 177

18 AAC 80.235 Master meter

The owner of each community water system has until August 19, 2009, and the owner of each non-transient non-community water system has until August 19, 2011 to install a master meter to determine water treated, distributed, and wasted as part of a treatment process.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 8/19/2006, Register 179

Article 3 Standards, Monitoring, Variances, and Exemptions

18 AAC 80.300 Maximum contaminant levels (MCLs)

(a) General requirement. Subject to a variance issued under 18 AAC 80.370, a variance issued under 18 AAC 80.371, or an exemption granted under 18 AAC 80.375, the owner or operator of a public water system may not cause or allow the use of water from that system for human consumption if the water contains, or has a significant potential for containing

(1) a contaminant in a concentration that exceeds a primary maximum contaminant level (MCL) set under (b) of this section; or

(2) a contaminant other than one described in (1) of this subsection, if the department determines that the concentration of that contaminant is high enough to make the water a hazard to human health.

(b) Primary MCLs.

(1) for inorganic chemical contaminants, the MCLs set out in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a);

(2) for organic chemical contaminants that are

(A) synthetic organic chemicals, the MCLs set out in 40 C.F.R. 141.61(c), adopted by reference in 18 AAC 80.010(a);

(B) volatile organic chemicals, the MCLs set out in 40 C.F.R. 141.61(a), adopted by reference in 18 AAC 80.010(a);

(3) for turbidity, for a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source and that meets the criteria for avoiding filtration under 40 C.F.R. 141.71, adopted by reference in 18 AAC 80.010(a), and under 18 AAC 80.620: the MCL as set out in 40 C.F.R. 141.13, adopted by reference in 18 AAC 80.010(a); if the system does not meet the criteria for avoiding filtration, the system must meet the applicable treatment technique requirements for turbidity under 18 AAC 80.303 instead of MCL requirements

(4) for Escherichia coli bacteria, the MCL as set out in 40 C.F.R. 141.63(c) and (d), adopted by reference in 18 AAC 80.010(a);

(5) for radionuclides, the MCL as set out in 40 C.F.R. 141.66, adopted by reference in 18 AAC 80.010(a).

(c) Secondary MCLs. The secondary MCLs for a public water system are set out in 40 C.F.R. 143.3, adopted by reference in 18 AAC 80.010(a). The department will require a public water system to meet the secondary MCLs if the department determines that public health is threatened or that exceeding a secondary MCL is not in the public interest.

(d) Repealed 4/24/2009.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2004, Register 169; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.302 Maximum residual disinfectant levels (MRDL)

The requirements of 40 C.F.R. 141.65, adopted by reference in 18 AAC 80.010(a), apply to a

(1) community water system;

(2) non-transient non-community water system; or

(3) transient non-community water system using chlorine dioxide as a disinfectant or oxidant.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 9/28/2001, Register 159; am 1/11/2006, Register 177

18 AAC 80.303 Contaminants with a treatment technique requirement or action level requirement

(a) Contaminants that have a treatment technique requirement instead of an MCL requirement include Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, Cryptosporidium, and turbidity, as set out in 40 C.F.R. 141.71 -141.74, 141.130 - 141.135, 141.170 - 141.175, 141.400 - 141.405, 141.500 - 141.571, 141.700 - 141.723, and 141.851 - 141.861, all adopted by reference in 18 AAC 80.010(a), except that for turbidity, a water system seeking approval or approved to avoid filtration while using a surface water or a GWUDISW source may be subject to the MCL requirements for turbidity set out in 18 AAC 80.300.

(b) Contaminants that have an action level requirement instead of an MCL requirement include lead and copper, as set out in 40 C.F.R. 141.80, adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 5/3/2019, Register 230

18 AAC 80.305 Compliance with MCL, treatment technique, and action level requirements

(a) The department will determine compliance with requirements for MCLs, treatment techniques, and action levels, based on analytical results and other information compiled by the department.

(b) The requirements for complying with the MCLs for inorganic chemicals are set out in 40 C.F.R. 141.23(i), adopted by reference in 18 AAC 80.010(a).

(c) The requirements for complying with the MCLs for organic chemicals are set out in 40 C.F.R. 141.24(f) and (h), adopted by reference in 18 AAC 80.010(a).

(d) The requirements for complying with the MCLs for disinfection byproducts are set out in 40 C.F.R. 141.133(b), adopted by reference in 18 AAC 80.010(a).

(e) The requirements for complying with the MCLs and treatment techniques for turbidity include

(1) the MCLs for turbidity, as applicable to a system that avoids filtration, as set out in 40 C.F.R. 141.13, adopted by reference in 18 AAC 80.010(a);

(2) the treatment technique requirements for turbidity, as set out under 40 C.F.R. 141.71, 141.73, and 141.74, adopted by reference in 18 AAC 80.010(a).

(f) The department will determine compliance with the MCL for Escherichia coli bacteria, set under 18 AAC 80.300(b)(4), in accordance with 40 C.F.R. 141.860, adopted by reference in 18 AAC 80.010(a). The determination includes the following:

(1) for each month in which monitoring for coliforms is required, compliance will be based on the results of all routine and repeat samples that the department does not invalidate under 18 AAC 80.425;

(2) the department will count repeat samples toward the month in which the operator collected the routine sample that required the repeat sampling, regardless of the month in which the operator actually collected the repeat samples.

(g) Compliance with an MCL for radionuclides set under 18 AAC 80.300(b)(5) is achieved if the average of the analytical results of the four most recent consecutive quarterly samples, or the analytical result of a composite sample made up of the four most recent quarterly samples, does not exceed the MCL.

(h) Compliance with treatment technique requirements is set out under 18 AAC 80.303.

(i) Compliance with action level requirements is set out under 18 AAC 80.303.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2004, Register 169; am 1/11/2006, Register 177; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.310 Routine sampling and analysis

(a) The owner of a community water system, non-transient non-community water system, or transient non-community water system shall ensure that routine sampling and analysis of the water samples from that system are conducted at points and times in compliance with this chapter. The department will require routine sampling at particular points and times and at more frequent intervals, if the department determines that the sampling serves the interests of the public health.

(b) If a public water system is contaminated, or at risk of becoming contaminated, by a substance or material harmful to human health, the department will direct the owner or operator to conduct sampling at particular points and times for that substance or material.

(d) If a public water system provides water to one or more other public water systems, and if the department determines that modification is necessary to serve the interests of public health, the department will modify the monitoring requirements of this chapter by considering the water systems as a single system.

(e) A water hauler shall

(1) obtain water from a public water system that is approved by the department under 18 AAC 80.210 and that has the same or higher system classification as the water hauler; and

(2) submit to the department the results of total coliform analyses in accordance with the approved sample siting plan under 18 AAC 80.410 for that water haul public water system.

(f) A public water system with a primary water source that is a rain catchment system is exempt from the monitoring requirements of (a), (b), (d), and (e) of this section. The owner or operator shall meet the following monitoring requirements:

(1) the owner or operator of a community water system or non-transient non-community water system shall ensure that the water system is in compliance with

(A) the provisions of 18 AAC 80.035 for disinfection;

(B) the provisions of 18 AAC 80.315(b)(4) for nitrate;

(D) the provisions of 18 AAC 80.400 - 18 AAC 80.445 for coliform bacteria; and

(E) the provisions of 18 AAC 80.500 - 18 AAC 80.505 for lead and copper; and

(2) the owner or operator of a transient non-community water system shall ensure that the water system is in compliance with

(A) the provisions of 18 AAC 80.035 for disinfection;

(B) the provisions of 18 AAC 80.315(b)(4) for nitrate;

(D) the provisions of 18 AAC 80.400 - 18 AAC 80.445 for coliform bacteria;

(3) the owner or operator of a community water system, non-transient non-community water system, or transient non-community water system shall ensure that within one year after the system begins to provide potable water, one sample is taken for the contaminants for which MCLs are set under 18 AAC 80.300(b)(1) and (2)(B); each sample must be taken at an entry point to the distribution system and must be collected after treatment; the owner or operator shall ensure that the results of the sampling are reported to the department, subject to the report certification requirements of 18 AAC 80.1900; and

(4) the owner or operator of a community water system or non-transient non-community water system that serves a resident population of less than 10,000 individuals shall ensure that, within one year after the system begins to provide potable water, one sample is taken for the disinfection byproducts listed in 40 C.F.R. 141.64(a), adopted by reference in 18 AAC 80.010(a); the sample must be taken at the most distant point from treatment in the distribution system; the owner or operator shall ensure that results of the sampling are reported to the department, subject to the report certification requirements of 18 AAC 80.1900.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 8/19/2006, Register 179; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.315 Inorganic chemical sampling requirements

(a) For the purposes of this section, a GWUDISW source is considered a surface water source.

(b) In addition to the requirements of 40 C.F.R. 141.23(a) - (h), adopted by reference in 18 AAC 80.010(a), the following requirements apply:

(1) for 40 C.F.R. 141.23(a)(4)(iii), the results reported to the department within 14 days after completing the analysis of the composite sample are subject to the report certification requirements of 18 AAC 80.1900;

(2) in addition to the requirements of 40 C.F.R. 141.23(b), asbestos monitoring requirements include the following:

(A) the owner may apply to the department for a waiver of the asbestos monitoring requirement in 40 C.F.R. 141.23(b)(2) using a form provided by the department;

(B) the department will grant an asbestos-monitoring waiver, if the department determines that a waiver serves the interest of public health and that the potential for asbestos contamination of the public water system is low, based on the criteria set out in 40 C.F.R. 141.23(b)(3);

(3) for 40 C.F.R. 141.23(c)(8), in order to qualify for a decrease in the quarterly monitoring requirement, the owner of a combination-source system must ensure the taking of at least four quarterly samples from each surface water source and two quarterly samples from each groundwater source that exceeded an inorganic chemical MCL listed in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a);

(4) for 40 C.F.R. 141.23(d), if monitoring data are generally consistent with the monitoring requirements to determine compliance with the MCL for nitrate listed in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a), the department will allow the owner of a public water system to use that data to comply with the monitoring requirement for the initial compliance period;

(5) in addition to the monitoring requirements for the MCL for nitrite in 40 C.F.R. 141.23(e), the following requirements also apply:

(A) for 40 C.F.R. 141.23(e)(2), the monitoring frequency for the MCL of nitrite after the initial monitoring under 141.23(e)(1) is as follows:

(i) for a system with an analytical result for nitrite less than 50 percent of the MCL listed in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a), additional monitoring is not required;

(ii) if the water system has a reported nitrite result that is more than 50 percent of the MCL listed in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a), the owner shall ensure that, within 31 days after notification of the nitrite result, a repeat nitrite sample is taken at each sampling point where a nitrite result was more than 50 percent of the MCL;

(B) if monitoring data are generally consistent with the requirements of 40 C.F.R. 141.23(e), the department will allow the owner to use that data to comply with the monitoring requirement for the initial compliance period;

(6) the owner of a public water system that adds fluoride shall ensure that monitoring and sampling for fluoride occurs at the entry point of the distribution system each day that water is served to the public, except that if the public water system is a fill-and-draw system, the owner shall ensure that monitoring and sampling occur each day that fluoride is added to the water when making water; the owner shall ensure the reporting of the results of sampling done under this paragraph monthly to the department;

(7) with respect to the requirements for taking confirmation samples as set out in 40 C.F.R. 141.23(f), the department will delete results of obvious sampling errors;

(8) for 40 C.F.R. 141.23(g), the department will, if it determines that increased monitoring serves the interests of public health, require more frequent monitoring than that specified in 40 C.F.R. 141.23(b) - (e), and in (2) - (6) of this subsection, or require confirmation samples for positive or negative results.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 5/3/2019, Register 230

18 AAC 80.320 Sampling requirements for synthetic organic chemicals

(a) For purposes of this section, a GWUDISW source is considered a surface water source.

(b) In addition to the sampling and analytical requirements of 40 C.F.R. 141.24(h), adopted by reference in 18 AAC 80.010(a), for determining compliance with the MCLs for the synthetic organic chemicals specified in 40 C.F.R. 141.61(c), adopted by reference in 18 AAC 80.010(a), the following requirements apply:

(1) under the requirements of 40 C.F.R. 141.24(h)(5) - (6) for a waiver from the monitoring requirements for synthetic organic chemicals, the following requirements apply:

(A) the owner must apply for the waiver to the department on a form provided by the department;

(B) an application for a waiver or renewal of a waiver must be accompanied by any fee required by 18 AAC 80.1910(a)(6);

(C) in addition to evaluating the criteria set out in 40 C.F.R. 141.24(h)(6), the department will issue a waiver only if the department determines that a waiver serves the interests of public health;

(D) based upon new information received, the department will modify or revoke a waiver issued under this paragraph, if the department determines that modification or revocation serves the interests of public health;

(2) under 40 C.F.R. 141.24(h)(9), the department will require a confirmation sample for positive or negative results, if the department determines that a confirmation sample serves the interests of public health; the department will delete results of obvious sampling errors from the calculation of the sampling averages;

(3) under 40 C.F.R. 141.24(h)(10), the department will allow the use of compositing, and the report certification requirements of 18 AAC 80.1900 apply to the report of the duplicate sample analysis results that the owner ensures is provided to the department;

(4) if monitoring data are generally consistent with the requirements of this section, the department will allow systems to use that data to satisfy the monitoring requirement for the initial compliance period.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 4/24/2009, Register 190; am 7/25/2010, Register 195

18 AAC 80.325 Volatile organic chemical sampling requirements

(a) Under the requirements of 40 C.F.R. 141.24(f), adopted by reference in 18 AAC 80.010(a), the department will not allow

(1) a waiver, as referenced in 40 C.F.R. 141.24(f)(7) - (10) and (11)(iv), from the monitoring requirements for the organic chemicals listed in 40 C.F.R. 141.61(a);

(2) the use of grandfathered samples for purposes of initial compliance monitoring, referenced in 40 C.F.R. 141.24(f)(18).

(b) For purposes of this section, a GWUDISW source is considered a surface water source.

(c) Under 40 C.F.R. 141.24(f)(14), the department will allow the use of compositing; the report certification requirements of 18 AAC 80.1900 apply to the report of the duplicate sample analysis results that the owner ensures is provided to the department.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190

18 AAC 80.330 Inorganic and organic chemicals: additional analyses after MCL exceedance

If the results of a routine inorganic or organic chemical analysis required under 18 AAC 80.310 - 18 AAC 80.325 exceed an MCL set by 18 AAC 80.300(b), additional analyses of samples must be performed according to a schedule set by the department.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151

18 AAC 80.335 Radioactive contaminants

Radioactive contaminant monitoring requirements for gross alpha particle activity, radium-226, and radium-228 must be performed in compliance with 40 C.F.R. 141.26, adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 3/25/2001, Register 157

18 AAC 80.340 Examination of water: owner or operator requirements

(a) General requirements. To meet the applicable analytical requirements of this chapter, the owner or operator of a public water system must comply with the requirements of this section. Except as otherwise provided in this section and 18 AAC 80.350, the owner or operator shall ensure that an analysis that is required under this chapter for inorganic, organic, radioactive, and microbiological contaminants described in 18 AAC 80.300 or 18 AAC 80.335 is performed by a certified laboratory. The owner or operator shall ensure that the results of that analysis are reported to the department within the first seven days following the month in which the result is received, or within the first seven days following the end of the required monitoring period, whichever is sooner. If the owner or operator submits the results, the submission is subject to the report certification requirements of 18 AAC 80.1900. If the owner or operator submits to a certified laboratory water samples for analysis for contaminants described in 18 AAC 80.300, the owner or operator shall clearly identify that the samples are from a drinking water source for a public water system.

(b) Analytical procedures and results. The owner or operator shall ensure that analyses under (c) - (e) of this section are performed by an individual trained in and capable of demonstrating proficiency in the analytical procedures referenced in this section. Results of analyses conducted under (c) and (d) of this section must be submitted to the department within the first 10 days following the month in which the result is received, or the first 10 days following the end of the required monitoring period, whichever is sooner. Submission of those results is subject to the report certification requirements of 18 AAC 80.1900.

(c) Fluoride. If fluoride is added to a public water system, the analysis required by 18 AAC 80.310 and (b) of this section must be performed using an approved method from 40 C.F.R. 141.23(k)(1), adopted by reference in 18 AAC 80.010(a).

(d) Analytical methods for water systems using treatment. For measurements of residual disinfectant concentration, temperature, pH, and turbidity, only the analytical methods set out in this subsection may be used to demonstrate compliance with 18 AAC 80.600 - 18 AAC 80.699, 18 AAC 80.700 - 18 AAC 80.705, 18 AAC 80.800 - 18 AAC 80.820, and 18 AAC 80.900 - 18 AAC 80.910. The following procedures must be performed in accordance with the publications listed for each procedure, adopted by reference in 18 AAC 80.010(b):

(1) turbidity: turbidity must be measured by

(A) Standard Method 2130-B (Nephelometric Method), as set out in Standard Methods for the Examination of Water and Wastewater; or

(B) Hach Method 10258, as set out in Determination of Turbidity by 360° Nephelometry;

(2) residual disinfectant concentration: for each of the following disinfectants that is used, residual disinfectant concentration must be measured using one of the following methods as set out in Standard Methods for the Examination of Water and Wastewater:

(A) total chlorine, free chlorine, and combined chlorine (chloramines): residual disinfectant concentrations for total chlorine, free chlorine, and combined chlorine must be measured by Standard Method 4500-Cl D (Amperometric Titration Method), Standard Method 4500-Cl F (DPD Ferrous Titrimetric Method), or Standard Method 4500-Cl G (DPD Colorimetric Method), except that

(i) residual disinfectant concentration for free chlorine may be measured by Standard Method 4500-Cl H (Syringaldazine (FACTS) Method);

(ii) residual disinfectant concentration for total chlorine may be measured by Standard Method 4500-Cl E (Low Level Amperometric Titration Method) or Standard Method 4500-Cl I (Iodometric Electrode Technique);

(iii) residual disinfectant concentrations for total chlorine, free chlorine, combined chlorine, and chloramines may be measured using DPD colorimetric test kits; and

(iv) residual disinfectant concentrations for free and total chlorine may be measured continuously by adapting, for use with a continuous monitoring instrument, a method specified in this subparagraph if the chemistry, accuracy, and precision remain the same; instruments used for continuous monitoring must be calibrated using a grab sample measurement at least every five days, or following a protocol approved by the department to serve the interests of public health;

(B) chlorine dioxide: residual disinfectant concentration for chlorine dioxide must be measured by Standard Method 4500-ClO2 C (Amperometric Method I), Standard Method 4500-ClO2 D (DPD Method), or Standard Method 4500-ClO2 E (Amperometric Method II);

(C) ozone: residual disinfectant concentration for ozone must be measured by Standard Method 4500-O3 B (Indigo Colorimetric Method);

(D) repealed 5/3/2019;

(3) temperature: temperature must be measured by Standard Method 2550, as set out in Standard Methods for the Examination of Water and Wastewater;

(4) pH: pH must be measured by

(A) (A) Standard Method 4500-H+B (Electrometric Method), as set out in Standard Methods for the Examination of Water and Wastewater, adopted by reference in 18 AAC 80.010(b); or

(B) EPA Method 150.1 or 150.2, as set out in Methods for Chemical Analysis of Water and Wastes, adopted by reference in 18 AAC 80.010(b).

(e) Repealed 1/11/2006.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 5/3/2019, Register 230

18 AAC 80.345 Special monitoring requirements

Repealed.

History

Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 1/11/2006, Register 177; repealed 8/19/2006, Register 179

18 AAC 80.350 Variance for sample holding time for coliform bacteria samples taken in certain remote sites

(a) Instead of complying with the 30-hour maximum holding time for a coliform bacteria sample set in EPA's Manual for the Certification of Laboratories Analyzing Drinking Water, Criteria and Procedures Quality Assurance, adopted by reference in 18 AAC 80.010(b), the owner or operator of a public water system at a remote site shall ensure that coliform bacteria samples, collected as required by this chapter, are delivered to and analyzed by a certified laboratory within 48 hours after collection.

(b) A laboratory subject to this chapter may not accept for analysis a sample that has been held longer than the maximum holding times established in (a) of this section or in EPA's Manual for the Certification of Laboratories Analyzing Drinking Water, Criteria and Procedures Quality Assurance adopted by reference in 18 AAC 80.010(b).

(c) For purposes of (a) of this section, the department will determine a site to be remote based on an assessment of factors that prevent the delivery of samples to and the analysis of those samples by a certified laboratory within 30 hours after collection. Those factors include the

(1) distance from the public water system to the nearest certified laboratory;

(2) absence of a road connection between the public water system and a certified laboratory;

(3) absence of regularly scheduled aircraft flights between the public water system and a certified laboratory; and

(4) weather conditions that may interfere with shipment of samples to a certified laboratory.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 5/20/2011, Register 198

18 AAC 80.355 Reporting requirements

(a) A certified laboratory shall report to the department the results of an analysis required under this chapter. Except as required under (b) of this section, a laboratory certified under 18 AAC 80.1100 - 18 AAC 80.1110 shall ensure that results are reported to the department and the owner or operator of a public water system within the first seven days following the month in which the final results are known to the laboratory, or the first seven days following the end of the required monitoring period, whichever is sooner. Reports of results are subject to the report certification requirements of 18 AAC 80.1900.

(b) For a report of an analysis indicating nitrate in excess of the contaminant level set by 18 AAC 80.300(b)(1), indicating the presence of coliform bacteria or Escherichia coli, or all results of total coliform repeat sample analyses for coliform bacteria,

(1) oral, facsimile, or electronic mail notice must be given to the department's local drinking water program office closest to the public water system and to the owner or operator as soon as possible after the analysis results are known; and

(2) written notice under 18 AAC 80.1109 must be sent to the department within 24 hours after the analysis results are known, but written notice may not be provided later than the end of the next working day after the analysis results are known.

(1) the public water system identification number assigned under 18 AAC 80.210(c);

(2) the date, time, place, and specific location of each sample, and the name of the individual who collected the sample;

(3) identification of the sample as a routine distribution system sample, a repeat sample, a raw or finished water sample, or a special purpose sample;

(4) the date and time that the sample was received and analyzed;

(5) the name of the laboratory and the laboratory employees responsible for the analysis;

(6) the analytical technique or method used; and

(7) the results of the analysis by the certified laboratory.

(d) The owner or operator of a public water system shall report to the department the results of any analyses required by this chapter for turbidity, fluoride, and residual disinfectant within 10 days after the end of the month during which the samples were taken, subject to the report certification requirements of 18 AAC 80.1900. The report must include

(1) the public water system identification number assigned under 18 AAC 80.210(c);

(2) the date and time the sample was taken;

(3) the name of the public water system;

(4) the sample location;

(5) for fill-and-draw systems, the date on which water was made;

(6) the results of the analysis by the certified laboratory; and

(7) the name of the individuals who collected and analyzed the sample.

(e) Compliance with deadlines for reporting in this section is determined by

(1) the postmark of a written report transmitted to the department by mail; or

(2) the time and date the department receives a report transmitted orally, by facsimile, courier, electronic data transfer, electronic mail, or a means of communication other than mail.

(f) Within 30 days after a change in facility name, ownership, operator, address, or status, the owner shall notify the department, in writing, of the change.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.360 Use of noncentralized treatment devices

(a) The owner of a community water system or non-transient non-community water system may use a point-of-entry treatment device to meet the MCLs set under 18 AAC 80.300(b)(1) and (2)(A) - (B), if the device meets the requirements of this section.

(b) The owner must obtain department approval to use a point-of-entry treatment device. To seek approval, the owner must submit plans for the device. Before deciding whether to approve those plans, the department will require adequate certification of performance, field testing, and a sealed engineering design review of a treatment device. The design and application of a device must address the tendency for an increase in heterotrophic bacteria concentrations in water treated with activated carbon. As conditions for its approval, the department will require frequent back-washing, post-contactor disinfection, and heterotrophic plate count monitoring to ensure that the microbiological safety of the water is not compromised, if the department determines that those conditions serve the interests of public health.

(c) The owner shall develop and obtain department approval for a monitoring plan before installing the point-of-entry treatment device as a means of achieving compliance. Under an approved plan, each device must provide health protection equivalent to central water treatment designed to treat the contaminant of interest. For purposes of this subsection, a device provides equivalent health protection if the water would meet all MCLs set under 18 AAC 80.300(b), and would be of acceptable quality, similar to water distributed by a properly operated and maintained central water treatment works.

(d) The operator shall properly operate and maintain the point-of-entry treatment device. In addition to the monitoring required under this chapter, the operator shall monitor the operation and maintenance of the device, including physical measurements and observations such as total flow treated and the mechanical condition of the treatment device.

(e) Under an approved plan for a point-of-entry treatment device, the owner shall ensure that the treatment is effective and properly applied and that the microbiological safety of the water is maintained. The owner may not use a point-of-entry treatment device to achieve compliance with an MCL or treatment technique requirement for a microbial contaminant.

(f) The owner shall ensure that consumers are protected and shall install, maintain, and adequately monitor a treatment device in each building connected to the system. The department will require the owner to provide assurance that each building is subject to treatment and monitoring, and that the rights of the public water system's customer are conveyed with the title upon sale of the building.

(g) The department will require the owner of a community water system or non-transient non-community water system to use point-of-entry devices to avoid an unreasonable risk to health as a condition for granting an exemption under 18 AAC 80.375 from the requirements for lead and copper under 40 C.F.R. 141.83 (Source Water Treatment Requirements) or 40 C.F.R. 141.84 (Lead Service Line Replacement Requirements), both adopted by reference in 18 AAC 80.010(a). In requiring the use of a point-of-entry device under this subsection, the department will allow only a device that does not cause increased corrosion of lead- and copper-bearing materials located between the device and the tap that could increase contaminant levels at the tap.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2004, Register 169; am 4/24/2009, Register 190

18 AAC 80.365 Bottled water, point-of-use treatment devices, and point-of-entry treatment devices

(a) The use of bottled water or point-of-use treatment devices to achieve compliance with an MCL in 18 AAC 80.300(b) or with the requirements for lead and copper in 40 C.F.R. 141.81 - 141.84, adopted by reference in 18 AAC 80.010(a), is prohibited, except

(1) on a temporary basis to avoid an unreasonable risk to health; or

(2) if required by the department under (b) of this section.

(b) As necessary to serve the interests of public health, the department will require the owner of a community water system or non-transient non-community water system to use

(1) bottled water, point-of-use treatment devices, or point-of-entry treatment devices as a condition of granting a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375 from the requirements of 18 AAC 80.300(b)(1) and (2)(A) - (B); or

(2) bottled water or point-of-use treatment devices as a condition of granting an exemption under 18 AAC 80.375 from the requirements of 40 C.F.R. 141.81 - 141.84, adopted by reference in 18 AAC 80.010(a).

(c) The owner of a community water system or non-transient non-community water system that uses bottled water or point-of-use treatment devices as a condition of obtaining a variance under 18 AAC 80.370 or 18 AAC 80.371 shall

(1) use best available technology; and

(2) maintain the microbiological safety of the water at all times.

(d) The owner of a community water system or non-transient non-community water system that uses bottled water as a condition of obtaining a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375 from the requirements of 18 AAC 80.300(b)(1) and (2)(A) - (B), or an exemption under 18 AAC 80.375 from the requirements of 40 C.F.R. 141.81 - 141.84, adopted by reference in 18 AAC 80.010(a), shall supply each customer with sufficient amounts of bottled water that complies with 18 AAC 31.740, via door-to-door bottled water delivery. If a customer believes the amount of bottled water supplied to be insufficient, the department will determine the sufficiency of the amount supplied, based on whether the amount serves the interests of public health. In addition, the owner shall

(1) develop and implement an approved monitoring program that provides reasonable assurance that the bottled water meets each MCL; for the first quarter during which bottled water is supplied to the public, and annually thereafter, the owner shall ensure the monitoring of a representative sample of the bottled water for each contaminant for which an MCL is set under 18 AAC 80.300(b)(1) and (2)(A) - (B); or

(2) provide proof that the bottled water company from which the water is obtained has a department permit under 18 AAC 31.020, has an equivalent permit from another state, or otherwise meets the requirements of 21 C.F.R. 129, adopted by reference in 18 AAC 80.010(a).

(e) The owner of a community water system or non-transient non-community water system shall provide

(1) the results of a monitoring program conducted under (d)(1) of this section to the department annually; or

(2) the proof required by (d)(2) of this section to the department the first quarter after supplying bottled water and annually thereafter.

(f) Before installing a point-of-use treatment device, the owner of a community water system or non-transient non-community water system must obtain department approval of a monitoring plan that ensures that the device provides health protection equivalent to that provided by central water treatment designed to treat the contaminant of interest. For purposes of this subsection, a device provides equivalent health protection if the water would meet all MCLs set under 18 AAC 80.300(b) and would be of acceptable quality, similar to water distributed by a properly operated and maintained central water treatment works. Before issuing approval under this subsection, the department will

(1) determine that buildings connected to the system have sufficient point-of-use treatment devices that are properly installed, maintained, and monitored so that each consumer is protected; and

(2) certify the performance of the point-of-use treatment device after performing field testing and a sealed engineering design review of the point-of-use treatment device.

(g) In addition to the other requirements of this section, the owner of a community water system or non-transient non-community water system that uses point-of-use treatment devices as a condition for obtaining a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375 from the MCLs set under 18 AAC 80.300(b)(1) and (2)(A) - (B) must

(1) ensure the operation and maintenance of the point-of-use treatment devices; and

(2) ensure that the design and application of a point-of-use treatment device addresses the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon; the department will require the use of frequent backwashing, post-contactor disinfection, and heterotrophic plate count monitoring to ensure that the microbiological safety of the water is not compromised, if the department determines that those requirements serve the interests of public health.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2004, Register 169; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190

18 AAC 80.370 Variances

(a) The requirements of 40 C.F.R. 142.40 - 142.46, adopted by reference in 18 AAC 80.010(a), apply to the department's issuance of a variance to a public water system.

(b) To request a variance, the owner must

(1) submit on a form provided by the department a written application that includes the information described in 40 C.F.R. 142.41, adopted by reference in 18 AAC 80.010(a); and

(2) pay the applicable fee required in 18 AAC 80.1910(e).

(d) As required in 18 AAC 80.1910(f)(1), the owner shall reimburse the department for expenses related to publication required under 40 C.F.R. 142.44, adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 7/25/2010, Register 195

18 AAC 80.371 Small system variances

(a) The requirements of 40 C.F.R. 142.301 - 142.309, adopted by reference in 18 AAC 80.010(a), apply to the department's issuance of a variance to a public water system serving fewer than 10,000 people that cannot comply with MCLs or treatment techniques required by this chapter.

(b) To request a small system variance, the owner must

(1) submit on a form provided by the department a written application that includes documentation, including Regulatory Commission of Alaska rate approval documents, mean household income data, and other information relevant to the ability of the public water system to afford to comply with the rule, as described in 40 C.F.R. 142.306, adopted by reference in 18 AAC 80.010(a); and

(2) pay the applicable fee required in 18 AAC 80.1910(e).

(c) The owner must submit each small system variance or small system variance extension request on a separate application.

(d) In addition to publishing notice as required in 40 C.F.R. 142.308(b), adopted by reference in 18 AAC 80.010(a), the department will publish a proposal to grant a small system variance on the Alaska Online Public Notice System established under AS 44.62.175.

(e) As required in 18 AAC 80.1910(f)(1), the owner shall reimburse the department for expenses related to publication required under 40 C.F.R. 142.308(b), adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 1/11/2006, Register 177; am 7/25/2010, Register 195

18 AAC 80.375 Exemptions

(a) The requirements of 40 C.F.R. 142.50 - 142.57, adopted by reference in 18 AAC 80.010(a), apply to the department's issuance of an exemption to a public water system that cannot comply with MCLs or treatment techniques required by this chapter, or cannot implement measures to develop alternative source of water supply.

(b) To request an exemption, the owner must

(1) submit on a form provided by the department a written application that includes the information described in 40 C.F.R. 142.51, adopted by reference in l8 AAC 80.010(a); and

(2) pay the applicable fee required in 18 AAC 80.1910(e).

(d) As required in 18 AAC 80.1910(f)(1), the owner shall reimburse the department for expenses related to publication required under 40 C.F.R. 142.54, adopted by reference in 18 AAC 80.010.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2004, Register 169; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 7/25/2010, Register 195

Article 4 Coliform Bacteria Requirements

18 AAC 80.400 Applicability of coliform bacteria requirements

The requirements of 18 AAC 80.400 - 18 AAC 80.445 apply to the owner or operator of a public water system, to a certified laboratory that analyzes a sample from that system, or to a person who conducts sanitary surveys and assessments.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 2/11/2017, Register 221

18 AAC 80.405 Routine monitoring

(a) General monitoring requirements for a public water system include the following:

(1) the operator of a public water system shall collect total coliform samples at sites that are representative of water throughout the distribution system according to a written sample siting plan that complies with 40 C.F.R. 141.853(a) and (b), adopted by reference in 18 AAC 80.010(a), and with 18 AAC 80.410;

(2) the minimum number of routine samples required for a public water system is as follows:

(A) for a non-community water system that is a groundwater system, that serves 1,000 or fewer individuals, and that operates year-round: one sample per quarter;

(B) for a non-community water system that is a groundwater system, that serves 1,000 or fewer individuals, and that is a seasonal system: one sample per month during operation; monitoring may be reduced to quarterly as allowed under (b)(1) of this section;

(C) for a community water system that is a groundwater system and that serves 1,000 or fewer individuals: one sample per month; quarterly monitoring may be allowed as set out under (c)(1) of this section;

(D) for a public water system that uses a surface water or GWUDISW source and that serves 1,000 or fewer individuals: one sample per month;

(E) for any public water system that serves more than 1,000 individuals: the number of samples per month as shown in the table "Total Coliform Monitoring Frequency for Public Water Systems Serving More than 1,000 People" in 40 C.F.R. 141.857(b), adopted by reference in 18 AAC 80.010(a); and

(3) the department will not allow a monitoring frequency for a public water system of less than one sample per quarter.

(b) A non-community water system that is a groundwater system and that serves 1,000 or fewer individuals must meet the routine monitoring requirements of 40 C.F.R. 141.854, adopted by reference in 18 AAC 80.010(a). In addition,

(1) under 40 C.F.R. 141.854(c), if a system is monitoring monthly as of April 1, 2016, the department will allow quarterly monitoring as follows:

(A) for a system that operates year-round that is on increased monitoring under 40 C.F.R. 141.854(f), the department will, in writing, return the system to a monitoring frequency of not less than quarterly if the

(i) owner requests the reduction in writing; and

(ii) system meets the criteria set out in 40 C.F.R. 141.854(g); the system must be supplied by a protected groundwater source described in (f) of this section;

(B) for a seasonal system, the department will, in writing, reduce the monitoring frequency to not less than quarterly if the

(i) owner requests the reduction in writing;

(ii) system meets the criteria set out in 40 C.F.R. 141.854(g); the system must be supplied by a protected groundwater source described in (f) of this section; and

(iii) system meets the applicable requirements of 40 C.F.R. 141.854(i); under 40 C.F.R. 141.854(i)(2)(i), the department will require the system to use the system's periods of highest demand as the site-specific consideration on which the system's sample siting plan is based; and

(2) for a seasonal system, the department will require, as part of the seasonal system start-up information under 40 C.F.R. 141.854(i)(1), a separate start-up total coliform sample that is negative for coliform bacteria before the system may serve water to the public; the department will not allow a routine total coliform sample to also be used as the start-up sample under 18 AAC 80.407.

(c) A community water system that is a groundwater system and that serves 1,000 or fewer individuals must meet the routine monitoring requirements of 40 C.F.R. 141.855, adopted by reference in 18 AAC 80.010(a). In addition,

(1) under 40 C.F.R. 141.855(b), (c), and (e), the only systems allowed to monitor quarterly as of April 1, 2016, are systems that were on quarterly monitoring under schedules in effect as of March 31, 2016, under 40 C.F.R. 141.21, adopted by reference in 18 AAC 80.010(a);

(2) as of April 1, 2016, if a system that was on quarterly monitoring returns to routine monthly monitoring under 40 C.F.R. 141.855(e), the system must remain on monthly monitoring afterwards; and

(3) a new system that begins operations on or after April 1, 2016, must monitor monthly.

(d) A public water system that serves 1,000 or fewer individuals and that uses a surface water or GWUDISW source must meet the routine monitoring requirements of 40 C.F.R. 141.856, adopted by reference in 18 AAC 80.010(a). In addition,

(1) for a seasonal system, the department will require, as part of the seasonal system start-up information under 40 C.F.R. 141.856(a)(4)(i), a separate start-up total coliform sample that is negative for coliform bacteria before the system may serve water to the public; the department will not allow a routine total coliform sample to also be used as the start-up sample under 18 AAC 80.407; and

(2) under 40 C.F.R. 141.856(c), adopted by reference in 18 AAC 80.010(a), for a surface water system that does not practice filtration and has a turbidity measurement exceeding one NTU, the department may extend the 24-hour coliform sample collection time if the department finds that the operator, for logistical reasons outside the operator's control, cannot have the required coliform sample analyzed within 30 hours after collection, or, for a remote area as described in 18 AAC 80.350, within 48 hours after collection; the department may extend the 24-hour sample collection schedule as follows, except that the department will not grant a waiver under this paragraph because of a lack of sampling containers:

(A) criteria for granting a waiver that extends the sample collection time include one or more of the following:

(i) the laboratories available to the public water system cannot analyze the sample within 30 hours after collection, or, for an area described in 18 AAC 80.350, within 48 hours after collection because of limited days of operation or limited laboratory capacity;

(ii) weather conditions prevent shipment of the sample to the laboratory and analysis within 30 hours after collection, or, for an area described in 18 AAC 80.350, within 48 hours after collection;

(iii) shipping services available to the public water system are limited so that the sample cannot be shipped and analyzed within 30 hours after collection, or, for an area described in 18 AAC 80.350, within 48 hours after collection;

(iv) another unusual or unpredictable situation, such as a wildfire or a landslide closing the road or knocking out a transmission line, makes it impossible for the public water system to meet either the 30-hour or the 48-hour sample holding time requirement;

(B) after determining under (A) of this paragraph that the public water system is unable to meet the 30-hour or the 48-hour sample holding time requirement, the department will grant a sample collection schedule waiver to the owner; the waiver is a written record of communication with the owner or operator describing the logistical problem and identifying an alternative sample collection schedule; the record of the waiver will be placed in the department's water system file; if the department determines that the logistical problems are likely to persist, the department may grant a standing waiver that will remain in effect for that public water system until the department rescinds or revises it; the standing waiver is a written record of the department's evaluation of and determination that the logistical problems are likely to persist; the record of the standing waiver will be placed in the department's water system file.

(e) Any public water system that serves more than 1,000 individuals must meet the routine monitoring requirements of 40 C.F.R.141.857, adopted by reference in 18 AAC 80.0lO(a). In addition,

(1) for a seasonal system, the department will require, as part of the seasonal system start-up information under 40 C.F.R. 141.857(a)(4)(i), a separate start-up total coliform sample that is negative for coliform bacteria before the system may serve water to the public; the department will not allow a routine total coliform sample to also be used as the start-up sample under 18 AAC 80.407; and

(2) under 40 C.F.R. 141.857(c), for a surface water system that does not practice filtration and has a turbidity measurement exceeding one NTU, the department may extend the 24-hour coliform sample collection time if the department finds that the operator, for logistical reasons outside the operator's control, cannot have the required coliform sample analyzed within 30 hours after collection, or, for a remote area as described in 18 AAC 80.350, within 48 hours after collection; the department may extend the 24-hour sample collection schedule as follows, except that the department will not grant a waiver under this paragraph because of a lack of sampling containers:

(A) criteria for granting a waiver that extends the sample collection time include one or more of the following:

(ii) weather conditions prevent shipment of the sample to the laboratory and analysis within 30 hours after collection, or, for an area described in 18 AAC 80.350, within 48 hours after collection;

(f) For purposes of this section, a protected groundwater source is a public water system source classified as groundwater that is protected from, or shows adequate indications of being protected from, actual or potential contamination, as follows:

(1) the source is not GWUDISW, surface water, or groundwater vulnerable to fecal contamination;

(2) the source complies with

(A) the applicable source water and well protection requirements of 18 AAC 80.015; and

(B) the minimum separation distance requirements of 18 AAC 80.020; and

(3) at least one of the following is met:

(A) the engineering plan review and approval requirements of 18 AAC 80.200 - 18 AAC 80.235 are met, as applicable for the source;

(B) the source is in a confined aquifer;

(C) the owner, operator, or another entity acceptable to the department implements and maintains applicable source water protection strategies as determined by the department.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.407 Seasonal system start-up procedures

For purposes of the seasonal system start-up procedures required under 40 C.F.R. 141.854(i), 40 C.F.R. 141.856(a)(4), and 40 C.F.R. 141.857(a)(4), all adopted by reference in 18 AAC 80.010(a),

(1) unless exempt under (2) of this section, the owner or operator shall submit, subject to the report certification requirements of 18 AAC 80.1900, system start-up information to the department on a current form provided, and in a format approved, by the department; the start-up information shall be provided within the first 10 days after serving water to the public during the new operating season and must include, for the new operating season, documentation of a separate start-up total coliform sample that is negative for coliform bacteria;

(2) the department will allow a public water system to be exempt from the requirement to conduct and document the start-up procedure if the entire distribution system remains pressurized year-round.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.410 Sample siting plan review and approval

(a) The requirements of this section are in addition to the requirements of 40 C.F.R 141.853(a) and (b), adopted by reference in 18 AAC 80.010(a).

(b) A written sample siting plan, addressing appropriate coliform sampling sites and frequency, must be submitted by the owner or operator to the department for review and approval. The plan must include

(1) the public water system identification number assigned under 18 AAC 80.210(c);

(2) the name, address, telephone number, facsimile number, and, if available, the electronic mail address of the public water system;

(3) the name, address, telephone number, facsimile number, and, if available, the electronic mail address of the owner or operator or a designee;

(4) the type of each water source;

(5) the number of service connections;

(6) the size of the population served each month;

(7) the schedule for sampling frequency, including the number of routine samples required each month or quarter; for a seasonal system on reduced monitoring, the schedule must indicate each month that the public water system experiences the highest use during the monitoring period;

(8) a list of sites where routine and repeat samples and other required samples will be taken during each monitoring period and the reasons for choosing those sites; the sites include the following:

(A) the sites set out in 40 C.F.R. 141.853; the department will allow an alternative sampling location for at least one repeat sample upstream or downstream of the original sampling site as allowed under 40 C.F.R. 141.853(a)(5);

(B) for a seasonal system, the location of the system start-up coliform sample taken before the system serves water to the public;

(C) for a groundwater system, the source water sampling points described in 40 C.F.R. 141.402, adopted by reference in 18 AAC 80.010(a);

(9) for a public water system with only one service connection, a narrative statement that

(A) indicates that the routine sample will be taken from the single service connection; and

(B) addresses how repeat monitoring will be done in the case of a positive routine sample, as provided under 40 C.F.R. 141.858(a)(2), adopted by reference in 18 AAC 80.010(a);

(10) a map of the water system showing the location of source waters and types, water treatment facilities, water storage facilities, distribution lines, pressure zones, the first service connection, pressure reducing stations, booster stations, dead ends and the last service connection, major commercial and industrial areas, and the areas, zones, or actual sites for routine sampling, repeat sampling, and other sampling as provided under (8) of this subsection; the owner may provide a hand-drawn map, an as-built map, a street map, or a schematic of the water system; for a large system, the owner may indicate sampling sites by dividing the distribution system into sampling zones instead of pinpointing sampling taps, and may draw sampling zones according to pressure zones, areas served by a particular source water, or areas served by a particular storage or treatment facility; and

(11) other information as needed on a case-by-case basis for the department to make a determination regarding plan adequacy.

(1) the owner shall submit a new or a revised plan to the department for review and approval, as follows:

(A) for a new public water system, before the system is allowed to serve water to the public under 18 AAC 80.210;

(B) if a change to the public water system may require a plan revision to ensure the plan is appropriate to the system, including changes in

(i) monitoring frequency, including quarterly to monthly;

(ii) the system's operation period;

(iii) the population served;

(iv) the source; or

(v) the system's infrastructure;

(2) the owner shall keep the approved sample siting plan in the public water system's files; during a sanitary survey or other department-required inspection of the system, the owner shall make the plan available to the inspector as requested; the inspector shall review the plan and shall note any deficiencies in the plan, making suggestions for improvement subject to further department review and approval;

(3) based on the department's review, the department may

(A) make revisions directly to the plan, including modifying the system's monitoring schedule if the department determines that a different schedule is appropriate for the system; or

(B) require the owner to revise the plan; if a plan reviewed under this section has

(i) major deficiencies, the department will send the owner a report of these deficiencies within 30 days after receiving the plan; the owner shall submit a revised plan to the department within 30 days after receiving the report, unless the department and the owner agree in writing to another date; or

(ii) minor deficiencies, the department will consult with the owner, and after consultation, the owner shall agree in writing to a date for the owner to submit a revised plan;

(4) the department will notify the owner in writing when the sample siting plan is approved.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 4/24/2009, Register 190; am 5/20/2011, Register 198; am 2/11/2017, Register 221

18 AAC 80.415 Repeat monitoring

The requirements of 40 C.F.R. 141.858, adopted by reference in 18 AAC 80.010(a), apply to repeat monitoring. In addition,

(1) under 40 C.F.R. 141.858(a)(1), the department will, on a case-by-case basis, extend the 24-hour time limit if the owner or operator notifies the department about a logistical problem in collecting the repeat samples within 24 hours that is due to unusual and unpredictable circumstances beyond the owner's or operator's control and that makes meeting the 24-hour requirement impossible; for an extension under this paragraph, the department will specify how much time the public water system has to collect repeat samples; and

(2) repeat samples must be collected from the repeat sampling sites designated in the system's sample siting plan as set out in 18 AAC 80.410.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/20/2011, Register 198; am 2/11/2017, Register 221

18 AAC 80.420 Total coliform and Escherichia coli (E. coli) testing and laboratory reporting

(a) Under 40 C.F.R. 141.858(b), adopted by reference in 18 AAC 80.010(a), the owner or operator is responsible for ensuring that the department is notified in a timely manner of a routine or repeat sample that is total coliform-positive or Escherichia coli-positive, notwithstanding the requirements under (b) of this section.

(b) The certified laboratory performing the analysis shall report the results of a total-coliform bacteria analysis or an Escherichia coli bacteria analysis to the owner and to the department as set out in 18 AAC 80.355(b)(1) and (2). If a sample is total coliform positive, the certified laboratory shall analyze that total coliform positive culture medium to determine if Escherichia coli bacteria are present.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.425 Invalidation of total coliform samples

The requirements of 40 C.F.R. 141.853(c), adopted by reference in 18 AAC 80.010(a), apply to all public water systems and to certified laboratories that analyze drinking water samples. In addition,

(1) under 40 C.F.R. 141.853(c)(2), if a certified laboratory invalidates a sample, the laboratory shall notify the department and the owner by telephone, facsimile transmission, or electronic mail, within 24 hours after invalidating the sample;

(2) the operator shall resample within 24 hours after receiving notice of the invalidated sample unless the department, on a case-by-case basis and after determining that public health is adequately protected, extends the 24-hour time limit for collecting the sample.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 2/11/2017, Register 221

18 AAC 80.430 Sanitary surveys

(a) The owner of a community water system, non-transient non-community water system, or transient non-community water system shall ensure that sanitary surveys addressing the eight components of a sanitary survey set out in EPA's Guidance Manual for Conducting Sanitary Surveys of Public Water Systems; Surface Water and Ground Water Under the Direct Influence (GWUDI), Chapter 3, and in EPA's Sanitary Survey Guidance Manual for Ground Water Systems, Chapter 4, both adopted by reference in 18 AAC 80.010(b), are completed as set out in this section.

(b) Under 40 C.F.R. 142.16(b)(3)(i) and (o)(2)(i), adopted by reference in 18 AAC 80.010(a), and except as provided in (c) of this section, the owner of a community water system, non-transient non-community water system, or transient non-community water system shall ensure that a sanitary survey is completed, and a report filed with the department, at least every

(1) three years for a community water system; and

(2) five years for a non-transient non-community water system and a transient non-community water system.

(c) A community water system may apply to the department for recognition as a system having outstanding performance. The application must be made in writing in a format approved by the department, and must include any supporting information or documentation that the department may require. A community water system that the department determines, in writing, to have outstanding performance may have a sanitary survey conducted every five years. When determining outstanding performance, the department will consider

(1) whether the MCLs set under 18 AAC 80.300 have been violated since the last sanitary survey;

(2) whether the applicable monitoring and reporting requirements of this chapter have been violated since the last sanitary survey;

(3) whether any violations of this chapter occurred during the past six years;

(4) whether any confirmed waterborne disease outbreaks attributable to the community water system occurred during the past six years;

(5) whether the community water system practices disinfection, and if so, its disinfection practices and performance;

(6) the community water system's history of deficiencies and correction of deficiencies from its last two sanitary surveys;

(7) whether the community water system has system capacity sufficient to meet the requirements of 18 AAC 80.207;

(8) whether the community water system has a stable water source that has not experienced an interruption in supply;

(9) whether the community water system has complied with 18 AAC 80.015(c), has developed source water protection strategies based on information obtained in complying with 18 AAC 80.015(c), and has implemented or is implementing those strategies;

(10) whether the community water system has received final approval to operate in accordance with 18 AAC 80.210; and

(11) in the case of a groundwater system, whether the system has achieved 4-log treatment of viruses.

(d) No later than 30 days after completing the on-site water system inspection, a sanitary survey inspector shall provide a completed sanitary survey report to the department and to the owner

(1) on a current form provided, and in a format approved, by the department; and

(2) accurately describing the results of the sanitary survey inspection.

(e) The department will reject a sanitary survey report that is incomplete or is not on a current form provided by the department. The department will notify the sanitary survey inspector and the affected water system of the rejected sanitary survey report, and will allow the sanitary survey inspector up to 30 days after the date of notification to provide a complete sanitary survey report to both the department and the owner on a form provided by the department. If completing a rejected or incomplete sanitary survey report requires it, the sanitary survey inspector must complete another site visit to the affected public water system.

(f) If a situation or condition is found during a sanitary survey inspection that poses, or has the potential to pose, an imminent threat to public health or safety, the sanitary survey inspector shall notify the department of the situation or condition by telephone, facsimile transmission, or electronic mail not later than 24 hours after the situation or condition is found.

(g) The department will determine if a situation or condition identified in (d), (e), or (f) of this section is a deficiency, and if a deficiency is identified, the department will determine the severity of the deficiency. Not later than 30 days after identifying the deficiency, the department will provide written notification of the deficiency to the owner to determine a corrective action plan. However, in the interest of public health, the department may elect to orally notify the owner of the deficiency to begin the process of the corrective action plan required under (h) of this section, with the department following up with written notification of the deficiency to the owner within the 30-day timeframe.

(h) A corrective action plan for one or more significant deficiencies

(1) must be approved by the department;

(2) must be in writing; however, if the department determines that corrective action need not be delayed for submission of a written corrective action plan, the department may waive the requirement of this paragraph, may allow the owner to propose a corrective action plan orally, and may approve the plan orally; if the department gives an oral approval, the department will issue a written confirmation of the owner's corrective action plan no later than five days after the date of the oral approval; in the event of an alleged discrepancy between the oral communication and the written confirmation, the owner shall comply with the corrective action plan as expressed in the written confirmation;

(3) must include a schedule with one or more dates for completion of specified corrective actions, and a date for final completion of all corrective actions; unless the department requires or approves a different schedule, final completion of all corrective actions must be no later than 120 days after the date of department approval of the corrective action plan;

(4) may require the owner to notify the department within a specified time of any failure to complete specified actions under the corrective action schedule;

(5) must require the owner to notify the department not later than 30 days after final completion of all corrective actions; and

(6) may be amended upon written approval from the department.

(i) If an employee of the department performs a sanitary survey required under this section, the owner shall pay the fee required in 18 AAC 80.1910(a)(2).

(j) Failure of the owner to comply with the sanitary survey requirements of this section is a monitoring violation and requires that the owner provide public notification under 18 AAC 80.1020.

(k) A person aggrieved by a decision under this section may request a hearing under 18 AAC 80.1920.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/20/2011, Register 198; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.435 Application, training, examination, and approval requirements for sanitary survey inspectors

(a) A person must be approved under this section in order to conduct a sanitary survey inspection, complete a sanitary survey report, or submit a sanitary survey report to the department. The sanitary survey inspector who conducted the sanitary survey shall sign the sanitary survey report, subject to the report certification requirements of 18 AAC 80.1900. An owner, operator, or employee of a public water system may not conduct a sanitary survey of that system.

(b) An individual applying for approval to conduct sanitary surveys must

(1) attend and successfully complete an approved sanitary survey training program for public water systems that covers standard sanitary engineering practices and principles at a level of knowledge that the department determines will adequately protect public health;

(2) submit a completed application on a current form provided by the department;

(3) pay the fee required by 18 AAC 80.1910(a)(7);

(4) submit verification that the applicant has completed the sanitary survey training program and passed the written sanitary survey examination with a score of 70 percent or more; and

(5) submit documentation showing the applicant's education, certified vocational or academic program training, credentials, and employment history demonstrating the applicant's competency to conduct sanitary surveys and prepare the reports required by this chapter, and the applicant's knowledge and understanding of drinking water systems, including

(A) water sources;

(B) treatment;

(D) finished water storage;

(E) pumps, pump facilities, and controls;

(F) monitoring, reporting, and data verification;

(G) water system management and operation;

(H) operator compliance with department requirements; and

(I) materials and supplies.

(c) The department will evaluate the information submitted by the applicant in (b) of this section and approve or deny the applicant to conduct sanitary surveys in this state.

(d) Unless revoked under 18 AAC 80.439, an approval issued under this section is valid for two years.

(e) A person aggrieved by a decision under this section may request a hearing under 18 AAC 80.1920.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 11/9/2006, Register 180; am 7/25/2010, Register 195; am 5/20/2011, Register 198

18 AAC 80.438 Renewal of approval for a sanitary survey inspector

(a) A sanitary survey inspector who seeks to renew an approval to conduct sanitary surveys must

(1) submit a completed application on a current form supplied by the department;

(2) pay the fee required by 18 AAC 80.1910(a)(8);

(3) submit verification that the applicant has satisfactorily completed an approved advanced refresher sanitary survey training program for public water systems;

(4) provide a list of all sanitary surveys completed by that inspector since the initial approval, or the last renewal, including the date of each survey, the public water system name, and the public water system identification number issued by the department; and

(5) provide a written update of the information previously provided under 18 AAC 80.435(b)(5) or this subsection.

(b) The department will notify the inspector within 30 days after receipt of a complete application packet required in (a) of this section of the department's approval or rejection of the renewal request.

(d) A person aggrieved by a decision under this section may request a hearing under 18 AAC 80.1920.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 1/11/2006, Register 177; am 7/25/2010, Register 195; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.439 Revocation of approval for a sanitary survey inspector

(a) The department may revoke an approval that was issued under 18 AAC 80.435 or 18 AAC 80.438 if the department finds that

(1) fraud or deceit was used to obtain approval;

(2) the sanitary survey inspector has substantially or willfully violated a requirement of this chapter;

(3) the sanitary survey inspector failed to identify, document, or timely report a situation or condition that poses, or may pose, a threat to public health or safety, including a situation or condition that may be identified by the department as a significant deficiency; or

(4) the sanitary survey inspector's performance was otherwise deficient or negligent.

(b) If the department revokes a sanitary survey inspector's approval issued under 18 AAC 80.435 or 18 AAC 80.438, the department will send the sanitary survey inspector a notice that states

(1) the grounds for the revocation;

(2) that the revocation begins 30 days after the date of the notice;

(3) that the sanitary survey inspector may not perform sanitary surveys on or after the date when the revocation begins; and

(4) that the sanitary survey inspector may, as provided in 18 AAC 80.1920, request informal review under 18 AAC 15.185 of the revocation in accordance with 18 AAC 80.1920 and may request an adjudicatory hearing under 18 AAC 15.200.

(c) A sanitary survey inspector whose approval has been revoked under (a) of this section may not apply for re-approval for 12 months after the date of revocation and must complete the requirements of 18 AAC 80.435(b).

History

Authority: AS 46.03.020; AS 46.03.710; AS 46.03.880 AS 46.03.050; AS 46.03.720
Eff. 1/11/2006, Register 177; am 5/20/2011, Register 198; am 2/11/2017, Register 221; am 11/5/2017, Register 224; am 5/3/2019, Register 230

18 AAC 80.440 Standard sample volume

Repealed.

History

Eff. 10/1/99, Register 151; repealed 2/11/2017, Register 221

18 AAC 80.443 Level 1 assessment requirements

(a) The requirements for a Level 1 assessment under 40 C.F.R. 141.859, adopted by reference in 18 AAC 80.010(a), apply to a public water system. In addition, the department will require the Level 1 assessment report submitted to the department by the owner or operator to

(1) be completed on a current form provided, and in a format approved, by the department;

(2) accurately describe the results of the Level 1 assessment; and

(3) be signed by the person who conducted the assessment, subject to the report certification requirements of 18 AAC 80.1900.

(b) The requirements of 18 AAC 80.050 apply to a Level 1 assessment.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 2/11/2017, Register 221

18 AAC 80.445 Level 2 assessment requirements

(a) The requirements for a Level 2 assessment under 40 C.F.R. 141.859, adopted by reference in 18 AAC 80.010(a), apply to a public water system. In addition,

(1) a person must be approved as a sanitary survey inspector under 18 AAC 80.435, 18 AAC 80.438, and 18 AAC 80.439, as appropriate, in order to conduct a Level 2 assessment inspection, complete a Level 2 assessment form, and submit a Level 2 assessment certification page to the department; the sanitary survey inspector who conducted the Level 2 assessment shall sign the Level 2 assessment report, subject to the report certification requirements of 18 AAC 80.1900;

(2) an owner, operator, or employee of a public water system may not conduct a Level 2 assessment of that system, even if the person is an approved sanitary survey inspector;

(3) if an employee of the department conducts the Level 2 assessment, the owner shall pay a fee to the department as described in 18 AAC 80.1910(a)(1); and

(4) the Level 2 assessment report must

(A) be completed on a current form provided, and in a format approved, by the department; and

(B) accurately describe the results of the Level 2 inspection and assessment.

(b) The requirements of 18 AAC 80.050 apply to a Level 2 assessment.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 2/11/2017, Register 221

Article 5 Lead and Copper Requirements

18 AAC 80.500 Use of lead prohibited

(a) Except as provided under (b) of this section, an owner may use only lead-free pipes, pipe fittings, plumbing fittings, fixtures, solder, or flux in the installation or repair of

(1) a public water system; or

(2) plumbing in a residential or nonresidential facility that

(A) provides water for human consumption; and

(B) is connected to a public water system.

(b) The requirements set out in (a) of this section do not apply

(1) to leaded joints necessary to repair cast iron pipes;

(2) if pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, are used exclusively with nonpotable services; for purposes of this paragraph, nonpotable services include manufacturing, industrial processing, irrigation, outdoor watering, and other uses where the water is not anticipated to be used for human consumption; or

(3) to toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are two inches in diameter or larger.

(1) solder and flux is lead-free if it contains not more than 0.2 percent lead;

(2) pipes, pipe fittings, plumbing fittings, and fixtures are lead-free if the maximum lead content in the pipes, pipe fittings, plumbing fittings, and fixtures is not more than a weighted average of 0.25 percent lead with respect to the wetted surfaces of the pipes, pipe fittings, plumbing fittings, and fixtures; the weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture must be calculated using the following formula:

(A) for each wetted component, the percentage of lead in the component is multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component;

(B) the weighted percentage of lead of each wetted component is added together, and the sum of the weighted percentages constitutes the weighted average lead content of the product;

(C) the lead content of the material used to produce wetted components will be used to determine compliance with this paragraph;

(D) for lead content of materials that are provided as a range, the maximum content of the range will be used.

(d) In (a) and (c) of this section, "fixture" includes a backflow preventer in contact with water intended for human consumption.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 12/13/2014, Register 212; am 12/26/2014, Register 212

18 AAC 80.505 Applicability of lead and copper requirements

The requirements of 40 C.F.R. 141.80 - 141.91, adopted by reference in 18 AAC 80.010, apply to a

(1) community water system; and

(2) non-transient non-community water system.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2004, Register 169

18 AAC 80.510 General requirements

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.515 Identification of construction materials

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.520 Applicability of corrosion control treatment steps to small, medium, and large water systems

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.525 Description of corrosion control treatment steps

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.530 Source water treatment requirements

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.535 Lead service line replacement requirements

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.540 Public education and supplemental monitoring requirements

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.545 Monitoring requirements for lead and copper in tap water

Repealed

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.550 Monitoring requirements for water quality parameters

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.555 Monitoring requirements for lead and copper in source water

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.560 Reporting requirements

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

18 AAC 80.565 Recordkeeping requirements

Repealed.

History

Eff. 10/1/99, Register 151; repealed 1/11/2004, Register 169

Article 6 Surface Water Treatment

18 AAC 80.600 Applicability of surface water treatment requirements

The requirements of 40 C.F.R. 141.70 - 141.76, adopted by reference in 18 AAC 80.010(a), and of 18 AAC 80.600 - 18 AAC 80.699 apply only to the owner or operator of a community water system, non-transient non-community water system, or transient non-community water system using a surface water source or a GWUDISW source or to a certified laboratory that analyzes a sample from that system.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190

18 AAC 80.605 Groundwater under the direct influence of surface water (GWUDISW) determination

(a) The owner of an existing or proposed public water system shall provide the information that the department considers necessary to make a determination whether to classify a water source, including a well, spring, or infiltration gallery, as groundwater under the direct influence of surface water (GWUDISW).

(b) The department will determine whether the water source should be classified as GWUDISW based on an evaluation of the information described in (c) of this section. A field assessment as described in (d) of this section, a water quality assessment described in (e) of this section, or both, may also be required before the department makes the determination.

(c) The department will determine if a water source is GWUDISW after an evaluation of information that the department considers necessary to make that determination, including

(1) the plans submitted under 18 AAC 80.205;

(2) characteristics of the physical area of the water source and area surrounding the water source, including

(A) the horizontal and vertical distance from the water source to surface water, including intermittent surface water;

(B) the topography of the area surrounding the water source, including whether drainage of surface water is directed away from the water source;

(D) possible sources of biological contamination that could affect water quality, including the location and type of waste disposal and wastewater discharges, if any;

(E) other potential pathways for surface water to infiltrate the subsurface such as wells, holes, and excavations that are not sealed, protected, or filled in accordance with 18 AAC 80.015(d); and

(F) if available, other hydrological or hydrogeological information prepared by a registered engineer or a professional geologist specializing in hydrology or hydrogeology;

(3) the construction records of the water source, including

(A) for a well, construction records of the well, including the information required in 18 AAC 80.210(h); or

(B) for a water source other than a well, construction records demonstrating how the water source is protected from surface runoff;

(4) the current physical condition of the water source, including

(A) for a well, evidence of how the wellhead complies with 18 AAC 80.015; or

(B) other evidence of how the water source is currently protected from surface water runoff or flooding;

(5) the results of laboratory analyses of untreated water from the water source for biological quality or other water quality parameters useful for comparing the water source to surface water, including the results of any advanced water testing methods and analyses, if required by the department under (e) of this section;

(6) the occurrence of waterborne disease outbreaks, if any;

(7) information from past sanitary surveys, if any;

(8) if required by the department, information gathered during an on-site field assessment described in (d) of this section;

(9) if required by the department, information contained in the water quality assessment described in (e) of this section; and;

(10) additional information needed by the department to make its determination.

(d) The department may require an on-site field assessment to collect information in (c) of this section that is not provided by the owner. The field assessments may be

(1) completed by the department, after payment of the fee in 18 AAC 80.1910(a)(5)(A); or

(2) completed by a registered engineer, professional geologist, or professional hydrologist, provided to the department in a format approved by the department, and reviewed by the department, after payment of the fee in 18 AAC 80.1910(a)(5)(B).

(e) The department may require the owner to complete a water quality assessment to compare physical, biological, and chemical characteristics of the water source to climatological or surface water conditions, to support a determination as described in (f)(5) of this section. The owner shall

(1) before sampling or analysis, submit for department approval a water quality assessment plan that includes

(A) the purpose of the assessment;

(B) the scope of water sources and surface water to be included in the study;

(C) the water quality and other parameters to be measured, such as turbidity, temperature, conductivity, pH, total dissolved solids, microscopic analysis, coliform analysis, or precipitation events;

(D) if necessary, advanced water testing methods and analyses to be used such as

(i) microscopic analysis of the particulate matter in a water sample for primary surface water indicators, including algae, diatoms, Cryptosporidium, and Giardia;

(ii) a particle count analysis that examines the number and size of particles in the surface water body and compares that data to the number and size of particles in water from the source being evaluated;

(iii) an examination of the water for specific chemical tracers that indicate a surface water contaminant;

(iv) specialized analyses, such as examining the source water and surface water for specific ionic ratios, or comparing the source water to other known groundwater sources; or

(v) tracers, dyes, or other tests that the department determines will provide data helpful to the department's determination;

(E) a description of sampling procedures to ensure representative samples, equipment to be used, and corresponding sample locations, frequency, and times;

(F) a description of the anticipated procedures to be used for the data evaluation, interpretation, and criteria to be used as a basis for findings; and

(G) the identification and qualification of personnel responsible for the water quality assessment and personnel participating in the activities proposed for the assessment;

(2) present all data collected in the assessment in a format approved by the department, including a written interpretation of the results or findings; and

(3) pay the fee required in 18 AAC 80.1910(a)(5)(C), after which the department will review the water quality assessment.

(f) The department will classify the water source as GWUDISW if

(1) after the evaluation described in (c) of this section, the department determines that the water source is not protected from direct surface water influence;

(2) well construction does not comply with 18 AAC 80.015 to the extent that surface water or surface contamination can directly contaminate the well water, and the owner fails to take the steps required by the department to bring the well into compliance;

(3) the water source is not protected from surface runoff or influence, and the owner fails to take the steps required by the department to remedy the deficiency;

(4) after review of the on-site field assessment described in (d) of this section, the department determines that the water source is not protected from direct surface water influence; or

(5) after review of the water quality assessment described in (e) of this section, the department determines that the water source has

(A) biological surface water indicators;

(B) significant and relatively rapid shifts in water source characteristics; or

(g) The department may require a new GWUDISW determination if it determines that the water source may not be protected from surface water, surface influence, or surface contamination, as a result of changes to the characteristics of the physical area, the physical condition of the water source, the water quality, or other risk factor.

(h) The department will keep a written record of each GWUDISW determination that the department makes, and will retain that record for 40 years after the date of the determination.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/3/2019, Register 230

18 AAC 80.610 Turbidity

(a) A community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source shall meet the applicable turbidity requirements in 40 C.F.R. 141.71 - 141.74, adopted by reference in 18 AAC 80.010(a).

(b) An owner or operator who submits a turbidity report to the department shall comply with the report certification requirements of 18 AAC 80.1900.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190

18 AAC 80.615 General requirements

The department will not grant a variance from a requirement of 40 C.F.R. 141.70 - 141.76, adopted by reference in 18 AAC 80.010(a), or of 18 AAC 80.600 - 18 AAC 80.699.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190

18 AAC 80.620 Criteria for avoiding filtration

The requirements of 40 C.F.R. 141.71 (criteria for avoiding filtration), adopted by reference in 18 AAC 80.010(a), apply to a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source and that seeks to avoid filtration. In addition to those requirements, the system must follow the requirements listed below when seeking to avoid filtration:

(1) under 40 C.F.R. 141.71, the owner must pay to the department the fee required under 18 AAC 80.1910(a)(3) for each initial review and approval of a complete surface water treatment rule filtration avoidance criteria determination that is conducted by the department;

(2) under 40 C.F.R. 141.71(b)(2), the annual watershed control program maintenance report submitted to the department for review and approval must

(A) be submitted on or before July 1 each year; and

(B) meet the report certification requirements of 18 AAC 80.1900;

(3) under 40 C.F.R. 141.71(b)(3), only the department will conduct the annual onsite inspection to determine whether the public water system may continue to avoid filtration; in addition,

(A) the department will prepare a report of the annual onsite inspection summarizing all findings and will provide a copy of its report to the owner within 30 days after the inspection;

(B) the owner shall pay to the department the fees required under 18 AAC 80.1910(a)(4) for the onsite inspection;

(4) the department, after making a determination under (3) of this section, will notify the owner in writing and provide an opportunity to comment on and appeal the decision under 18 AAC 80.1920;

(5) under 40 C.F.R. 141.71(b)(4), in determining whether a waterborne disease outbreak has occurred and whether the public water system was the source of the outbreak, the department will consult with the Department of Health, division of public health; if the system is identified as the source of a disease outbreak, the department will ascertain the physical system configuration and operating practices in place at the time of the outbreak and identify the cause of the outbreak within the public water system; the department will determine whether the physical configuration or operating practices have changed since the outbreak and whether the changes are sufficient to prevent another disease outbreak; the department will require physical changes, including the installation of alarms, automatic shutoff valves, and redundant components as the department determines necessary to prevent another outbreak, unless the department, after considering the possibility for human error, determines that operational changes alone are likely to prevent another outbreak; if further changes are required to prevent another outbreak, the department will notify the owner and will specify the nature of the required changes, a time frame for implementing the changes, and interim measures required, if any, to prevent another outbreak; if the changes are not sufficient to prevent another outbreak, the department will notify the owner in writing of the need to install treatment as required under 40 C.F.R. 141.70 - 141.76, adopted by reference in 18 AAC 80.010(a), and under 18 AAC 80.600 - 18 AAC 80.699, offering the owner an opportunity to comment on the decision, correct factual information, and appeal the decision under 18 AAC 80.1920;

(6) based on information obtained from the onsite inspection report required under 40 C.F.R. 141.71(b)(3), the department will revoke the watershed control program approval issued under 40 C.F.R. 141.71(b)(2) if the department finds that an owner does not adequately maintain or implement a watershed control program; in revoking an approval under this paragraph, the department will provide

(A) written notice to the owner describing specific deficiencies; and

(B) an opportunity for the owner to

(i) correct information and comment on the notice;

(ii) correct deficiencies within a time specified by the department; and

(iii) appeal a revocation decision under 18 AAC 80.1920;

(7) the owner may request a waiver of the requirements of 40 C.F.R. 141.71(b)(1)(iv) and 40 C.F.R. 141.71(b)(5) on the basis that the failure was not caused by a deficiency in treatment of the source water; the request must include a summary of events leading to the problem, a summary of measures taken to correct the problem, and a conclusion as to the cause of the problem, with supporting documentation; the department will investigate the failure, including an onsite visit as necessary to determine the cause, and will review the information provided by the owner; the department will issue written findings and conclusions as to the cause of a failure, the adequacy of corrective action, if any, and whether the cause was a result of a deficiency in treatment of the source water or whether the problem occurred after treatment; the department will provide the owner with an opportunity to review, comment on, and appeal the department's findings under 18 AAC 80.1920;

(8) for purposes of 40 C.F.R. 141.71(a) and (b), an event or circumstances are unusual and unpredictable if the department determines that the event or the circumstances do not have a recurrence interval or that the probability of occurrence is less than 10 percent in a year; in making the determination, the department will consider

(A) supporting information, if any, provided by the owner;

(B) whether the event or circumstances last more than a few days;

(D) whether the owner installs modifications to the system to decrease the likelihood that the event or circumstances will reoccur; and

(E) whether an event or circumstances, or their recurrence, pose an unreasonable risk to public health.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 9/28/2001, Register 159; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195

18 AAC 80.621 Limited alternative to filtration; approval; requirements; termination by department

(a) The owner of a public water system that uses a surface water or GWUDISW source that operated under the filtration avoidance criteria of 18 AAC 80.620 on October, 1, 1999 may petition the department to avoid filtration through approval of limited alternative to filtration of their source water. Limited alternative to filtration must be approved by the department under 42 U.S.C. $ 300g-1(b)(7)(C)(v) and the Administrator of the EPA or the Administrator's authorized delegate must concur with the department's approval. The department will not approve a limited alternative to filtration unless the owner of the public water system demonstrates ability to comply with (b) - (g) of this section. A public water system providing limited alternative to filtration must comply with all requirements for an unfiltered public water system except 40 C.F.R. 141.71; this includes mandatory compliance with 40 C.F.R. 141.72(a)(2) - (a)(4), 40 C.F.R. 141.708 - 141.709, and 40 C.F.R. 141.712(d).

(b) To maintain watershed control, the owner of a public water system authorized by the department to provide limited alternative to filtration shall

(1) demonstrate that the system's watershed is undeveloped, is in consolidated ownership, and is uninhabited except for designated individuals and periods of time each year that are directly associated with protection of the watershed;

(2) demonstrate control over all facilities and human activities in the watershed that may affect source water quality to prevent degradation of the physical, chemical, radiological, and microbiological quality of the source water, including preventing virus, Giardia cysts, and Cryptosporidium oocysts contamination;

(3) develop and implement a department-approved watershed control program that

(A) characterizes the watershed's hydrology and land ownership;

(B) identifies watershed characteristics and activities that may adversely affect source water quality; and

(4) submit an annual watershed report to the department that

(A) identifies any special concerns about the watershed and explains how the concerns are being handled;

(B) describes activities in the watershed that affect water quality; and

(C) projects what adverse activities are expected to occur in the future and describes how the public water system expects to address them;

(5) if the department determines that significant changes have occurred in the watershed, submit, within 90 days of notification, an updated watershed control program to the department for review and approval; and

(6) conduct additional monitoring, if required by the department, to demonstrate the adequacy of the watershed control program.

(c) To ensure departmental access for compliance assessment purposes, the owner of a public water system authorized by the department to provide limited alternative to filtration shall

(1) permit the department to access the system and the watershed;

(2) on an annual or more frequent basis, as determined necessary by the department to protect the health of consumers served by the system, submit to on-site inspection conducted by the department; the on-site inspection

(A) must indicate to the department's satisfaction that the watershed control program and disinfection treatment process are adequately designed and maintained; and

(B) will include:

(i) a review of the effectiveness of the watershed control program;

(ii) a review of the physical condition of the source intake and how well it is protected;

(iii) review of the system's equipment maintenance program to ensure there is low probability for failure of the disinfection process;

(iv) an inspection of the disinfection equipment for physical deterioration;

(v) a review of operating procedures;

(vi) a review of data records to ensure that all required tests are being conducted and recorded and disinfection is effectively practiced; and

(vii) identification of any improvements which are needed in the equipment, system maintenance and operation, or data collection; and

(3) correct any deficiencies after an unsatisfactory inspection under (2) of this subsection, as directed by the department and in accordance with a department-established schedule; and

(4) pay onsite inspection fees required under 18 AAC 80.1910(a)(1).

(d) The owner of a public water system authorized by the department to provide limited alternative to filtration shall ensure that the turbidity level in a representative source water sample taken before primary disinfection does not exceed 5 NTU. If a turbidity event occurs, the owner shall

(1) provide public notice under 18 AAC 80.1000;

(2) if a system has three turbidity events in 12 calendar months or six turbidity events in 120 calendar months, submit a report to the department not more than 30 days after the third or sixth event, as applicable, began; the turbidity event report must include

(A) a detailed description of the turbidity events;

(B) a summary of turbidity events that occurred in the 12 or 120 calendar months prior to the third or sixth event, as applicable;

(D) a schedule for implementing the proposed corrective action plan;

(3) if water was served to the public and a system records either four or more turbidity events in 12 calendar months or seven or more turbidity events in 120 calendar months, submit an engineering plan to the department to discharge source water with turbidity levels above 5 NTU to waste not more than 90 days after the end of the fourth or seventh turbidity event, as applicable, and implement the discharge plan not more than 18 months after receiving department approval.

(e) To monitor inactivation and removal levels, the owner of a public water system authorized by the department to provide limited alternative to filtration shall

(1) continuously monitor treatment parameters;

(2) ensure that the public water system complies with the maximum contaminant level (MCL) for total coliforms in 40 C.F.R. 141.63(a) and (b) and the MCL for E. coli in 40 C.F.R. 141.63(c) in at least 11 of the 12 previous months that the system served water to the public on an ongoing basis, unless the department determines that failure to do so was not caused by a deficiency in treatment of the source water;

(3) ensure that the public water system complies with the requirements for total trihalomethanes, haloacetic acids (five) (HAA5), bromate, chlorite, chlorine, chloramines, and chlorine dioxide in 40 C.F.R. 141.130 through 40 C.F.R. 141.135;

(4) ensure that, in at least 95 percent of treated water by volume on a daily basis, the following microbial inactivation levels are achieved:

(A) 99.9 percent (3-log) of Cryptosporidium;

(B) 99.99 percent (4-log) of Giardia; and

(5) ensure that, in at least 99 percent of treated water by volume on a monthly basis, the following microbial inactivation levels are achieved

(A) 99 percent (2-log) of Cryptosporidium;

(B) 99.9 percent (3-log) of Giardia; and

(6) submit a monthly operator report on a form provided by the department to document compliance with paragraphs (1) and (2) of this subsection; and

(7) provide public notice for any failure to meet the microbial inactivation requirements of paragraphs (4) or (5) of this subsection.

(f) In the event of failure to meet the microbial inactivation requirements of (e)(4) of this section, the owner of a public water system shall

(1) identify, not more than 10 days after the failure to meet inactivation requirements, the treatment process or component that failed and submit a report to the department detailing the causes of the failure that describes the corrective action taken;

(2) if the failure occurred during two of the preceding 12 calendar months, submit, not more than 30 days after the second failure to meet inactivation requirements, a report to the department that includes

(A) a description of the failure;

(B) a summary of previous inactivation failures;

(D) a schedule for implementing the action plan; and

(3) if the failure occurred during three of the preceding 12 calendar months

(A) contact the department, not later than 30 days after the last day of month that the system did not meet the inactivation requirements, to coordinate and comply with a department-conducted disinfection performance inspection to determine whether the system is able to reliably meet inactivation requirements;

(B) if the department determines following a disinfection performance inspection that the system is unable to reliably meet inactivation requirements, install filtration under the time line provided under (h) of this section; and

(g) The owner of a public water system authorized by the department to provide a limited alternative to filtration shall ensure that the public water system does not cause a waterborne disease outbreak. If the department identifies a public water system as the cause of a waterborne disease outbreak, the owner shall submit a report to the department not more than 30 days after the system is identified as the cause of a waterborne disease outbreak. The owner's report must include

(1) a description of the outbreak;

(2) a summary of previous waterborne disease outbreaks attributed to the system;

(3) a proposed corrective action plan; and

(4) a schedule for implementing the action plan.

(h) If the department identifies a public water system as the cause of a waterborne disease two or more times in a 10-year period, the department will disqualify the system from providing limited alternative to filtration and the owner shall install a filtered water treatment system. If a public water system is disqualified from providing limited alternative to filtration, the owner shall

(1) submit an engineering plan to the department to request approval to construct a filtration plant not more than 180 days after disqualification; and

(2) complete installation of filtration treatment within 18 months of the department's approval to construct.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 4/25/2025, Register 254

18 AAC 80.625 Public hearing on filtration determination

(a) If the department determines that a public water system must install filtration, the department will issue a notice of the department's determination to the owner of the system and will publish notice of the department's determination in a newspaper of general circulation. In the public notice, the department will

(1) describe the reasons for the determination and indicate the date by which filtration must be installed; and

(2) state that the department will hold a public hearing if the owner of the system requests a hearing or if sufficient public interest is shown.

(b) A request for a public hearing under this section must be submitted in writing to the department within 10 days after publication of notice under (a) of this section. The request must describe the requestor's interests and the aspect of the determination that is requested to be heard. If the department grants a request for public hearing, the department will publish notice of the date, time, and place of the hearing at least 10 days before the hearing.

(c) A hearing under this section does not stay the department's determination. The only aspects of the department's determination that will be heard are

(1) whether the department has correctly determined that filtration is required; and

(2) whether the department has provided reasonable time within which the owner of the public water system must install filtration.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190

18 AAC 80.635 Disinfection requirements

(a) In addition to complying with the requirements of 40 C.F.R. 141.72 (disinfection), adopted by reference in 18 AAC 80.010(a), a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source must meet the applicable requirements of this section.

(b) If the department or the EPA has not determined in writing that filtration is required,

(1) the owner of a system that does not provide filtration treatment and that uses a surface water source and is a new system must apply the disinfection treatment requirements of 40 C.F.R. 141.72(a)(3) and (4), adopted by reference in 18 AAC 80.010(a), beginning when the system starts operation after the department issues final approval to operate for the system under 18 AAC 80.210(k);

(2) the owner of a system that does not provide filtration treatment and that uses a GWUDISW source must,

(A) within six months after the department determines that the goundwater source is under the direct influence of surface water, apply the disinfection treatment requirements of 40 C.F.R. 141.72(a)(3) and (4), adopted by reference in 18 AAC 80.010(a); and

(B) within 18 months after the department determines that the groundwater source is under the direct influence of surface water, provide disinfection treatment as described in 40 C.F.R. 141.72(a)(1) and (2), adopted by reference in 18 AAC 80.010(a).

(c) For a system that does not provide filtration treatment, the department will allow automatic shutoff of delivery of water to the distribution system under 40 C.F.R. 141.72(a)(2)(ii), adopted by reference in 18 AAC 80.010(a), if

(1) the department's evaluation of the system configuration confirms adequate protection against negative pressures in the system;

(2) provisions exist for high demand periods including fire flow requirements;

(3) the department's evaluation of the system confirms that the system has adequate distribution system storage to maintain positive pressure of at least 20 pounds per square inch for continued water use; and

(4) the department finds that automatic shutoff does not cause unreasonable risk to health or interfere with fire protection.

(d) For a system that provides filtration treatment, the department will, under 40 C.F.R. 141.72(b)(1), adopted by reference under 18 AAC 80.010(a), assess the effectiveness of the removal or inactivation of Giardia lamblia cysts and viruses in accordance with standard sanitary engineering practices and principles. The owner shall provide a minimum of 0.5 log Giardia lamblia cyst inactivation to supplement filtration and shall maintain a second treatment barrier for microorganisms.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 11/9/2006, Register 180; am 4/24/2009, Register 190

18 AAC 80.640 Disinfection requirements for systems avoiding filtration

Repealed.

History

Eff. 10/1/99, Register 151; repealed 4/24/2009, Register 190

18 AAC 80.645 Disinfection requirements for filtered systems

Repealed.

History

Eff. 10/1/99, Register 151; repealed 4/24/2009, Register 190

18 AAC 80.650 Filtration

(a) In addition to complying with the requirements of 40 C.F.R. 141.73 (filtration), adopted by reference in 18 AAC 80.010(a), the owner of a community water system, non-transient non-community water system, or transient non-community water system that uses conventional filtration, direct filtration, or slow sand filtration may submit a written request to the department to allow a higher turbidity level. On a case-by-case basis and if the written request includes sufficient information to allow a determination in accordance with standard sanitary engineering practices and principles, the department will determine whether to allow turbidity levels of up to

(1) one NTU for a system using conventional filtration or direct filtration under 40 C.F.R. 141.73(a), adopted by reference in 18 AAC 80.010(a);

(2) five NTUs for a system using slow sand filtration under 40 C.F.R. 141.73(b), adopted by reference in 18 AAC 80.010(a).

(b) A community water system, non-transient non-community water system, or transient non-community water system that meets the requirements in 40 C.F.R. 141.73(d), adopted by reference under 18 AAC 80.010(a), to use an alternative filtration system, and that serves fewer than 10,000 individuals, must comply with the requirements of 40 C.F.R. 141.550 - 41.553 (combined filter effluent requirements), adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 5/3/2019, Register 230

18 AAC 80.655 General monitoring requirements

(a) With respect to the monitoring requirements of 40 C.F.R. 141.74(b) and (c), adopted by reference under 18 AAC 80.010(a), with which the owner or operator of a community water system, non-transient non-community water system, or transient non-community water system using a surface water source or a GWUDISW source must comply, the department will

(1) under 40 C.F.R. 141.74(b)(6)(i) and (c)(3)(i), allow disinfectant residual samples to be taken at points other than the total coliform sampling points described in the sample siting plan required under 18 AAC 80.410, if the department determines that those alternative points are more representative of disinfected water quality within the distribution system; to seek department approval under this paragraph for a system that uses groundwater combined with either surface water or GWUDISW, the owner must submit a request for alternate sampling locations; the request must include the disinfectant residual sample siting plan approved by the department showing each proposed alternative sampling location, a narrative rationale for relocation of the sampling site, a description or ratio of flow of groundwater and surface water at the proposed location, the mixing zone pipe length, and the velocity of flow; as a condition for approval of an alternative sampling site, the department will require additional monitoring as the department considers necessary to verify that the disinfectant residual limit of 0.2 mg/l is being met at the approved location; if heterotrophic bacteria is measured instead of residual disinfectant concentration, it must be measured as heterotrophic plate count (HPC) under 40 C.F.R. 141.74(a), adopted by reference in 18 AAC 80.010(a);

(2) for a system that does not provide filtration treatment, but for which the department has determined in writing that filtration is required, specify alternative monitoring requirements until filtration is in place.

(b) For a system required to determine a total inactivation ratio, the total inactivation ratio may be based on the CT99.9 values in tables 1.1 - 1.6, 2.1, and 3.1 in 40 C.F.R. 141.74(b)(3), adopted by reference in 18 AAC 80.010(a), or on the CT values calculated using the following formula:

CT = (log inactivation)(5.057)(ea)(eb)(ec)where:log inactivation can vary from 0.5 to 3;e =natural logarithm, approximately 2.71828;a = -0.0693 x temperature in degrees Celsius;b = 0.361 x pH;c = 0.113 x chlorine concentration in mg/l;

(c) Under 40 C.F.R. 141.74(b)(2) and (c)(1), adopted by reference in 18 AAC 80.010(a), the department will approve continuous monitoring for a system if the turbidimeter is properly operated, is calibrated at the frequency recommended by the manufacturer, and is validated at the frequency recommended by the manufacturer or at least weekly, whichever is more frequent. In determining the percent of turbidity readings exceeding limits when a system uses continuous monitoring, the operator shall use the turbidity levels reading from the strip chart or other record every four hours, beginning with the reading at midnight. This method will also apply to a turbidity "event" under 40 C.F.R. 141.71(a)(2), adopted by reference in 18 AAC 80.010(a), for a system that does not provide filtration treatment.

(d) The department will not grant an exemption from the requirements of 40 C.F.R. 141.72(a)(3) or (b)(2), adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 2/11/2017, Register 221; am 5/3/2019, Register 230

18 AAC 80.660 Monitoring requirements for systems avoiding filtration

The requirements of 40 C.F.R. 141.74(b), adopted by reference in 18 AAC 80.010(a), and of 18 AAC 80.655 apply to a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source, and that does not provide filtration treatment. In addition,

(1) the department will require that a system that uses a GWUDISW source, that does not provide filtration treatment, and that is seeking to avoid filtration under 40 C.F.R. 141.71, adopted by reference under 18 AAC 80.010(a), begin monitoring in accordance with 40 C.F.R. 141.74(b) six months after the department determines that the groundwater source is under the direct influence of surface water;

(2) the department will allow the system to substitute continuous turbidity monitoring for grab sample monitoring if the operator validates the continuous measurement for accuracy on a regular basis using a method approved under 18 AAC 80.655(c);

(3) for 40 C.F.R. 141.74(b)(3)(v) for a system using a disinfectant other than chlorine, the owner shall demonstrate to the department, through standard sanitary engineering practices and principles, that CT99.9 values other than those specified in Tables 2.1 and 3.1 in 40 C.F.R. 141.74(b)(3) or other operational parameters are adequate to demonstrate that the system is achieving the minimum inactivation rates required by 40 C.F.R. 141.72(a)(1), adopted by reference in 18 AAC 80.010(a);

(4) the requirements in 40 C.F.R. 141.74(b)(1), for one fecal or total coliform density measurement every day the system serves water to the public and the turbidity of the source water exceeds one NTU, apply unless the department finds that the owner or operator, for logistical reasons outside the owner's or operator's control, cannot have the sample analyzed within 30 hours after collection, or within 48 hours after collection for an area described in 18 AAC 80.350(a); if the logistical problem is likely to persist, the department will grant a standing waiver that will remain in effect until the department rescinds or revises it; the department will keep a copy of the waiver in the department's file for the public water system until one year after the waiver expires or is rescinded or revised; the department will not grant a waiver from the requirement of this section because of a lack of sampling containers; for purposes of this paragraph, the department will consider any of the following situations to be logistical reasons outside the owner's or operator's control:

(A) the certified laboratories available to the system cannot analyze the samples within 30 hours after collection, or within 48 hours after collection for an area described in 18 AAC 80.350(a), because of limited days of operation or limited laboratory capacity;

(B) weather conditions make it impossible to ship the samples to the laboratory for analysis within 30 hours after collection, or within 48 hours after collection for an area described in 18 AAC 80.350(a);

(C) shipping services from the system are limited so that samples cannot be collected, shipped, and analyzed within 30 hours, or within 48 hours for an area described in 18 AAC 80.350(a);

(D) other unusual or unpredictable situations, such as a landslide closing the road or knocking out a transmission line, make it impossible for the owner or operator to meet the 30-hour or 48-hour requirement;

(5) if a circumstance described in (4)(B) - (D) of this section prevents heterotrophic plate count (HPC) sample analysis,

(A) the owner who routinely uses HPC measurements instead of distribution system disinfectant residual measurements shall notify the department; a notification must include

(i) a description of how the owner routinely has HPC samples analyzed;

(ii) the specific reason a sample cannot be analyzed as required;

(iii) a proposed disinfectant residual measurement or other plan to be used to confirm adequate disinfection in the distribution system;

(iv) a summary of disinfectant concentrations entering the distribution system; and

(v) system coliform results for the preceding month;

(B) the department will confirm that the circumstance described in (4)(B) - (D) of this section prevents HPC sample analysis and will specify an alternate method to assure adequate system disinfection by adopting or modifying the proposal submitted by the owner or specifying another method; an alternate method of assuring adequate disinfection in the absence of HPC samples will usually involve monitoring system disinfection levels as prescribed by 40 C.F.R. 141.70 - 141.76, adopted by reference in 18 AAC 80.010(a);

(C) the department will disallow the HPC method if HPC analysis is prevented for more than five percent of the required samples in any one-year period, and the department will require monitoring of system disinfectant concentrations, if disallowing the HPC method and requiring monitoring serves the interests of public health; the department will notify the owner of a decision to disallow the HPC method.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 4/24/2009, Register 190

18 AAC 80.665 Monitoring requirements for systems that provide filtration treatment

The requirements of 40 C.F.R. 141.74(c), adopted by reference in 18 AAC 80.010(a), and of 18 AAC 80.655 apply to a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source and that provides filtration treatment. In addition, under 40 C.F.R. 141.74(c)(1), the department will allow the system to

(1) substitute continuous turbidity monitoring for grab sample monitoring if the operator validates the continuous measurement for accuracy on a regular basis using a method approved under 18 AAC 80.655(c);

(2) reduce turbidity sampling frequency to once each day, for the systems described in 40 C.F.R. 141.74(c)(1), if the department finds that less frequent monitoring is sufficient to indicate effective filtration performance for the system, and if the owner

(A) submits a written request to the department, including turbidity monitoring data for the previous 12 months; and

(B) has continuously met, during those 12 months, the applicable turbidity requirements of 40 C.F.R. 141.73(b) and (c), adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 11/9/2006, Register 180; am 4/24/2009, Register 190

18 AAC 80.670 Reporting and recordkeeping requirements

In addition to the requirements of 40 C.F.R. 141.75 (reporting and recordkeeping requirements), adopted by reference in 18 AAC 80.010(a), the owner or operator of a community water system, non-transient non-community water system, or transient non-community water system using a surface water source or a GWUDISW source shall comply with the following requirements:

(1) reports submitted under 40 C.F.R. 141.75 are subject to the report certification requirements of 18 AAC 80.1900;

(2) for a system that does not provide filtration treatment, and that uses

(A) a surface water source, but for which the department or the EPA has determined in writing that filtration is required, the department may specify alternative reporting requirements until filtration is in place;

(B) a GWUDISW source, the reporting requirements of 40 C.F.R. 141.75(a)(2) apply when disinfection is installed, but no later than six months after the department determines that the groundwater source is under the direct influence of surface water;

(3) for a system that provides filtration treatment, each turbidity measurement report required by 40 C.F.R. 141.75(b)(1) must include the date, time, and value of each turbidity measurement.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 11/9/2006, Register 180; am 4/24/2009, Register 190

18 AAC 80.675 Reporting and recordkeeping requirements for systems avoiding filtration

Repealed.

History

Eff. 10/1/99, Register 151; repealed 4/24/2009, Register 190

18 AAC 80.680 Reporting and recordkeeping requirements for filtered systems

Repealed.

History

Eff. 10/1/99, Register 151; repealed 4/24/2009, Register 190

18 AAC 80.685 Department approval of onsite inspectors

Repealed.

History

Eff. 10/1/99, Register 151; repealed 4/24/2009, Register 190

18 AAC 80.699 Definition for surface water treatment requirements

In 18 AAC 80.600 - 18 AAC 80.699, unless the context requires otherwise, "new" means in existence after October 1, 1999, with reference to a public water system.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 4/24/2009, Register 190

Article 7 Enhanced Surface Water Treatment

18 AAC 80.700 Applicability of enhanced surface water treatment requirements

The requirements of 40 C.F.R. 141.170 - 141.175 (Subpart P: Enhanced Filtration and Disinfection), as adopted by reference in 18 AAC 80.010(a), apply to a public water system that

(1) is identified in 18 AAC 80.600; and

(2) serves 10,000 or more individuals.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 9/28/2001, Register 159; am 11/9/2006, Register 180

18 AAC 80.701 Applicability of long-term enhanced surface water treatment requirements

The requirements of 40 C.F.R. 141.500 - 141.571 (Subpart T - Enhanced Filtration and Disinfection - Systems Serving Fewer Than 10,000 People), as adopted by reference in 18 AAC 80.010(a), apply to a public water system that

(1) is identified in 18 AAC 80.600; and

(2) serves fewer than 10,000 individuals.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 8/19/2006, Register 179

18 AAC 80.702 Applicability of enhanced treatment for Cryptosporidium requirements

The requirements of 40 C.F.R. 141.700 - 141.723 (Subpart W - enhanced treatment for Cryptosporidium), adopted by reference in 18 AAC 80.010(a), apply to a public water system that is identified in 18 AAC 80.600.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.720 AS 46.03.020; AS 46.03.710
Eff. 11/11/2010, Register 196

18 AAC 80.705 Composite correction program

(a) If the department determines that a composite correction program serves the interest of public health, the owner of a public water system identified in 18 AAC 80.700, 18 AAC 80.701, or 18 AAC 80.702 shall conduct a composite correction program to

(1) identify opportunities for improving the performance of water treatment and distribution; and

(2) implement changes that will capitalize on opportunities identified under (1) of this subsection.

(b) A composite correction program must include

(1) a comprehensive performance evaluation that

(A) is conducted by the department, upon payment of the fee required by 18 AAC 80.1910(a)(13);

(B) thoroughly reviews and analyzes a treatment plant's performance-based capabilities and associated administrative, operation, and maintenance practices;

(C) identifies factors that may adversely impact the public water system's capability to achieve compliance with this chapter;

(D) emphasizes approaches that the public water system can implement without significant capital improvements; and

(E) includes each of the following components to identify plant-specific areas for improvement:

(i) an assessment of plant performance;

(ii) an evaluation of major unit processes;

(iii) identification and prioritization of performance limiting factors;

(iv) identification of training needs in the public water system;

(v) an assessment of the applicability of comprehensive technical assistance as described in (2) of this subsection;

(vi) preparation of a written report that discusses the results of the comprehensive performance evaluation; and

(2) a comprehensive technical assistance phase, if the results of the comprehensive performance evaluation, as conducted under (1) of this subsection, indicate improved performance potential unrelated to design flaws; the comprehensive technical assistance phase includes the preparation of a report by the department that references the assessment identified in (1)(E)(v) of this subsection and that includes any recommendations or requirements of the department; in coordination with the department, comprehensive technical assistance shall be implemented by the owner of a public water system to improve performance of the public water system; comprehensive technical assistance includes one or more of the following:

(A) a plan for implementing process control priority-setting techniques;

(B) a plan for systematically training staff and administrators in accordance with any recommendations or requirements made in the report prepared under this paragraph;

(C) a plan for systematically addressing the plant-specific areas for improvement that were identified in the comprehensive performance evaluation;

(D) a plan for implementation of any recommendations or requirements of the department made in the report prepared under this paragraph.

(c) The owner of the public water system shall comply with any requirements set by the department in the report prepared under (b)(2) of this section.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 9/28/2001, Register 159; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 11/11/2010, Register 196

Article 8 Groundwater Disinfection

18 AAC 80.800 Applicability of groundwater disinfection requirements

The requirements of 40 C.F.R. 141.400 - 141.405 (Subpart S - ground water rule), adopted by reference in 18 AAC 80.010(a), apply to a community water system, non-transient noncommunity water system, or transient non-community water system that uses, as its water source, groundwater that is not combined with surface water or GWUDISW before treatment.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 5/20/2011, Register 198

18 AAC 80.810 Invalidation of fecal indicator-positive samples

(a) Under 40 C.F.R. 141.402(d), adopted by reference in 18 AAC 80.010(a), the department will invalidate a fecal indicator-positive sample if

(1) the certified laboratory that performed the analysis establishes that improper sample analysis caused the positive result; or

(2) the department, based on the results of triggered source water samples collected under 40 C.F.R. 141.402(a), adopted by reference in 18 AAC 80.010(a), finds that the fecal indicator-positive sample resulted from a domestic or other nondistribution system plumbing problem; the department will not invalidate a sample on the basis of repeat sample results.

(b) If the department invalidates a fecal indicator-positive sample under (a) of this section, the department will

(1) document the decision in writing;

(2) make the decision available to EPA and the public; and

(3) describe the specific cause of the fecal indicator-positive sample and what action the owner or operator of the system has taken or will take to correct that problem.

(c) A fecal indicator-positive sample invalidated under this section may not be counted toward meeting the additional five source water samples required under 40 C.F.R. 141.402(a)(3), adopted by reference in 18 AAC 80.010(a).

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 5/20/2011, Register 198

18 AAC 80.820 Invalidation of samples in which fecal indicators are not detected

(a) If performing a fecal indicator analysis conducted for purposes of a public water system's compliance with 40 C.F.R. 141.400 - 141.405, adopted by reference in 18 AAC 80.010(a), a certified laboratory shall invalidate a sample in which fecal indicators are not detected if the sample produces

(1) a turbid culture in the absence of gas production using an analytical method where gas formation is examined;

(2) a turbid culture in the absence of an acid reaction in the presence-absence coliform test; or

(3) confluent growth or colonies too numerous to count with an analytical method using a membrane filter.

(b) If a certified laboratory invalidates a sample under (a) of this section, the laboratory shall notify the department and the owner by telephone or facsimile transmission no later than 24 hours after invalidating the sample. The operator shall collect another sample from the same location as the original sample no later than 24 hours after being notified of the invalidation, and shall have the new sample analyzed for the presence of fecal indicators. If the laboratory invalidates the new sample or a subsequent sample, the operator shall continue to re-sample no later than 24 hours after receiving notification of the invalidation, and shall have the samples analyzed until a valid result is obtained. The department will waive the 24-hour time limit if the department determines that public health is adequately protected.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 5/20/2011, Register 198

Article 9 Disinfection and Disinfection Byproducts

18 AAC 80.900 Applicability of disinfectant and disinfection byproducts requirements

The requirements of 40 C.F.R. 141.130 - 141.135 (Subpart L: Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors), as adopted by reference in 18 AAC 80.010(a), apply to a

(1) community water system that adds a chemical disinfectant to the water during any part of the drinking water treatment process for any purpose;

(2) non-transient non-community water system that adds a chemical disinfectant to the water during any part of the drinking water treatment process for any purpose; and

(3) transient non-community water system that uses chlorine dioxide as a disinfectant and oxidant.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720 Statutory Authority Authority: AS 46.03.020; AS 46.03.710; AS 46.03.761 AS 46.03.050; AS 46.03.720
Eff. 9/28/2001, Register 159; am 11/9/2006, Register 180; am 4/24/2009, Register 190) (Eff. 10/1/99, Register 151; am 4/24/2009, Register 190; am 5/20/2011, Register 198; am 8/20/2012, Register 203

18 AAC 80.905 Applicability of initial distribution system evaluations

The requirements of 40 C.F.R. 141.600 - 141.605 (Subpart U - initial distribution system evaluations), adopted by reference in 18 AAC 80.010(a), apply to a

(1) community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light; and

(2) non-transient non-community water system that serves at least 10,000 individuals and

(A) uses a primary or residual disinfectant other than ultraviolet light; or

(B) delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720
Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; repealed 11/9/2006, Register 180) (Eff. 11/11/2010, Register 196

18 AAC 80.910 Applicability of Stage 2 disinfection byproducts requirements

The requirements of 40 C.F.R. 141.620 - 141.629 (Subpart V - Stage 2 disinfection byproducts requirements), adopted by reference in 18 AAC 80.010(a), apply to a

(2) non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

History

Authority: AS 46.03.020; AS 46.03.710 AS 46.03.050; AS 46.03.720 Statutory Authority Authority: AS 44.46.025; AS 46.03.050; AS 46.03.720 AS 46.03.020; AS 46.03.710
Eff. 11/11/2010, Register 196) (Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 9/28/2001, Register 159; am 7/11/2002, Register 163; am 1/11/2004, Register 169; am 5/2/2004, Register 170; am 1/11/2006, Register 177; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 2/11/2017, Register 221; am 5/3/2019, Register 230

Article 10 Public Notification Requirements

18 AAC 80.1000 Public notification requirements

The requirements of 40 C.F.R. 141.201 - 141.2 10 and Appendices A, B, and C to 40 C.F.R. 141, Subpart Q, adopted by reference in 18 AAC 80.010, apply to a

(1) community water system;

(2) non-transient non-community water system; and

18 AAC 80.1040 Consumer confidence reports

Consumer confidence reports must be provided in compliance with, and to the extent required by 40 C.F.R. 141.151 - 40 C.F.R. 141.155 (Subpart O- Consumer Confidence Reports) and Appendix A to Subpart O, adopted by reference in 18 AAC 80.010(a).

Article 11 Laboratory Certification Requirements

18 AAC 80.1100 Laboratory certification

(a) To meet the applicable analytical requirements of this chapter, analyses for inorganic, organic, radioactive, and microbiological contaminants must be performed by a laboratory holding, for the analytical method to be employed, valid certification from the department in one of the following classifications:

(1) full certification under (c)(1) of this section;

(2) interim certification under (c)(2) of this section;

(3) provisional certification under (c)(3) of this section;

(4) certification, under (d) of this section, of a laboratory holding certification by another certifying agency.

(b) Except as provided in (d) of this section, the department will certify a laboratory for an analytical method if the laboratory

(1) submits, in a format specified by the department, a complete application for certification specifying each method for which the laboratory wishes to be certified, along with each applicable fee under 18 AAC 80.1110;

(2) demonstrates to the department that the laboratory meets the minimum standards listed in the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, including supplements, as adopted by reference in 18 AAC 80.010(b);

(3) submits to the department the results of required proficiency testing showing that the laboratory correctly analyzed proficiency testing samples for each method being certified; the testing samples shall be purchased by that laboratory from a supplier acceptable to the department; the results of required proficiency testing must be submitted to the department on the following schedule:

(A) for all analytical methods except as Iisted in (B) of this paragraph, once every 12 months within the 12-month certification period set out in (f) of this section;

(B) for Cryptosporidium methods, once every six months within the 12-month certification period set out in (f) of this section; and

(4) submits to the department for review and approval a quality assurance plan that complies with the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, including supplements, as adopted by reference in 18 AAC 80.010(b).

(1) certification for one or more methods, if

(A) the department determines that the laboratory meets each applicable criterion for that method in the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, including supplements, as adopted by reference in 18 AAC 80.010(b); and

(B) the laboratory has passed an onsite inspection under 18 AAC 80.1105;

(2) interim certification for one or more methods, if

(B) the laboratory has not passed an onsite inspection under 18 AAC 80.1105, the laboratory has not received an initial onsite inspection under 18 AAC 80.1105(a), or more than three years have elapsed since the date of the last onsite inspection under 18 AAC 1105(b) or (c); or

(3) provisional certification for one or more methods, if

(A) the department determines that the laboratory has not met one or more of the applicable criteria for that method in the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, including supplements, as adopted by reference in 18 AAC 80.010(b); and

(B) the department determines that the laboratory is capable of consistently producing data within the limits specified under this chapter.

(d) Notwithstanding (b) of this section, the department will certify a laboratory located outside this state and holding a current certification from another EPA-approved certifying agency if the laboratory satisfies the requirements of (1) - (3) of this subsection. A certification under this subsection is subject to the same requirements of 18 AAC 80.1100 - 18 AAC 80.1103 and 18 AAC 80.1109 - 18 AAC 80.1110 as a certification under (b) and (c) of this section. To apply for certification, the laboratory must submit to the department an application, in a format specified by the department, that includes, in addition to the documentation required under (b)(2) - (4) of this section,

(1) each applicable fee under 18 AAC 80.1110;

(2) verification from the certifying agency, in a form acceptable to the department, that the laboratory holds the specific certification and has satisfied the requirements of (b)(2) - (4) of this section with the other certifying agency, with respect to each method for which the laboratory seeks department recognition of certification by the other certifying agency; and

(3) verification from the certifying agency, in a form acceptable to the department, that the laboratory has received and satisfactorily passed any required onsite inspections by that certifying agency; those inspections must be equivalent to the onsite inspection requirements of 18 AAC 80.1105.

(e) A laboratory holding provisional certification shall notify its clients of the laboratory's provisionally certified status on any analysis report of samples to which the provisional certification pertains.

(f) The certification period begins on July 1 and ends on June 30 of the following year. A laboratory may get certification under this section at any time. A certification may become invalid before June 30 if a condition described in (h) of this section occurs. The certification is not valid after June 30 unless the laboratory renews the certification in accordance with this subsection as follows:

(1) to request renewal of a certification under (b) and (c) of this section, the laboratory must

(A) submit a complete application for renewal;

(B) submit payment for each applicable fee under 18 AAC 80.1110; and

(2) to request renewal of a certification under (d) of this section, the laboratory must

(A) submit a complete application for renewal;

(B) submit payment for each applicable fee under 18 AAC 80.1110;

(D) submit verification from the other certifying agency, in a form acceptable to the department, that the laboratory holds that certification and has satisfied the requirements of (b)(2) - (4) of this section with the other certifying agency, and has received and passed onsite inspections that may be required as set out in (d)(3) of this section;

(3) for a complete renewal application that the department receives on or before May 30 and processes and approves on or before July 1 under (b) and (c) of this section or under (d) of this section, as applicable, the renewed certification is valid as of July 1 for the new 12-month certification period that ends on June 30 of the following year;

(4) for a complete renewal application that the department receives after May 30 and processes and approves on or before July 1 under (b) and (c) of this section or under (d) of this section, as applicable, the renewed certification is valid as of July 1 for the new 12-month certification period that ends on June 30 of the following year;

(5) for a complete renewal application that the department receives after May 30 and processes and approves after July 1 under (b) and (c) of this section or under (d) of this section, as applicable, the renewed certification is valid on the date that the department approves the application for the new 12-month certification period that ends on June 30 of the following year, regardless of the date on which the department approves the renewal application;

(6) if for any reason the department does not approve the certification renewal on or before July 1, the certification has expired, and the laboratory must comply with (g) of this section.

(g) If a laboratory's certification becomes invalid for any reason, including expiration, revocation, or being downgraded, the laboratory shall provide notice to clients and the department as follows:

(1) not later than seven days after the first day that the certification is no longer valid, the laboratory shall give written notice of the expiration, revocation, or downgrade to each affected client; the notice must include a statement that the laboratory may not submit data to the department under an invalid certification;

(2) not later than 14 days after the first day that the certification is no longer valid, the laboratory shall certify to the department in writing, subject to 18 AAC 80.1900, that the notice has been given under (1) of this subsection.

(h) The department may downgrade or revoke, as follows, a certification under this section for unacceptable laboratory practices or for one or more methods, for reasons described in the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, including supplements, as adopted by reference in 18 AAC 80.010(b), or as set out in (1) of this subsection:

(1) under (d) of this section,

(A) if another EPA-approved certifying agency revokes or downgrades the certification upon which the department based a certification, the department will revoke the department's certification or downgrade the department's certification to a classification corresponding to the classification by the other certifying agency;

(B) if the certification upon which the department based a certification by another EPA-approved certifying agency becomes invalid for any reason, the department's certification becomes invalid on the same date that the other certifying agency's certification becomes invalid;

(2) additional fees under 18 AAC 80.1110 may be applicable for a laboratory to regain certification if a certification is revoked or otherwise becomes invalid.

(i) A person aggrieved by a department certification decision under this section may request a review under 18 AAC 80.1920. This subsection does not affect a person's rights under AS 44.62 (Administrative Procedure Act).

18 AAC 80.1103 Analytical methods for which certification may be granted

The analytical requirements and method detection limits for water contaminants are as follows:

(1) for the organic chemicals listed in 40 C.F.R. 141.61, adopted by reference in 18 AAC 80.010(a), the analytical requirements and method detection limits are set out in 40 C.F.R. 141.24(e) and (f)(17), adopted by reference in 18 AAC 80.010(a);

(2) for the disinfection byproducts listed in 40 C.F.R. 141.64(a), adopted by reference in 18 AAC 80.010(a), the analytical requirements and method detection limits are set out in 40 C.F.R. 141.131, adopted by reference in 18 AAC 80.010(a);

(3) for the inorganic chemicals listed in 40 C.F.R. 141.62, adopted by reference in 18 AAC 80.010(a), the analytical requirements and method detection limits are set out in 40 C.F.R. 141.23(a)(4)(i) and (k), adopted by reference in 18 AAC 80.010(a);

(4) for the secondary contaminants listed in 40 C.F.R. 143.3, adopted by reference in 18 AAC 80.010(a), requirements for sampling and analysis are set out in 40 C.F.R. 143.4, adopted by reference in 18 AAC 80.010(a);

(5) analyses for microbial organisms must be conducted as follows:

(A) for total coliform and Escherichia coli under 18 AAC 80.400 - 18 AAC 80.445, requirements set out in 40 C.F.R. 141.852, 40 C.F.R. 141.858(b), and if applicable, 40 C.F.R. 141.21(e)(2) and (f) as provided under 40 C.F.R. 141.21(h), all adopted by reference in 18 AAC 80.010(a);

(B) for total coliform, fecal coliform, and heterotrophic plate count under 18 AAC 80.600 - 18 AAC 80.699, requirements are set out in 40 C.F.R. 141.74(a), adopted by reference in 18 AAC 80.010(a);

(C) for Escherichia coli or other organisms under 40 C.F.R. 141.402(a) and (b), requirements are set out in 40 C.F.R. 141.402(c), adopted by reference in 18 AAC 80.010(a);

(D) for Cryptosporidium and Escherichia coli under 18 AAC 80.701, requirements are set out in 40 C.F.R. 141.704 and 141.705, adopted by reference in 18 AAC 80.010(a);

(6) repealed 5/3/2019;

(7) analyses for lead and copper must be conducted using methods required by 40 C.F.R. 141.23(k), adopted by reference in 18 AAC 80.010(a); the practical quantitation limits for lead and copper are set out in 40 C.F.R. 141.89(a)(1)(ii) and (iii), adopted by reference in 18 AAC 80.010(a);

(8) analyses for pH, conductivity, calcium, alkalinity, orthophosphate, silica, and temperature must be conducted using methods required by 40 C.F.R. 141.23(k), adopted by reference in 18 AAC 80.010(a);

(9) the analytical requirements and method detection limits for the radiological contaminants listed in 18 AAC 80.335 are set out in 40 C.F.R. 141.25, adopted by reference in 18 AAC 80.010(a).

18 AAC 80.1105 Onsite inspections

(a) After the department issues a laboratory's initial certification under 18 AAC 80.1100(c), the laboratory must receive an initial onsite inspection from the department to review the laboratory's work product and quality control systems. A laboratory's initial certification will be classified as interim certification under 18 AAC 80.100(c)(2) until the laboratory receives and passes the initial onsite inspection.

(b) During the three-year period that starts on the date of its initial certification, and during each subsequent three-year period that starts on the day after the date of an inspection under this subsection or (c) of this section, a laboratory certified under 18 AAC 80.1100(b) and (c) must receive and pass, as a condition of maintaining certification, an onsite inspection to review the laboratory's work product and quality control systems. The inspection is in addition to the initial inspection required under (a) of this section. If a laboratory does not receive an onsite inspection in accordance with this subsection, and the laboratory qualifies for interim certification under 18 AAC 80.1100(c)(2), the laboratory's certification will be classified as interim certification until the laboratory receives and passes the inspection.

(c) Nothing in this section prevents the department from conducting an onsite inspection at any time under AS 46.03.020 or 46.03.860, of a laboratory certified under 18 AAC 80.1100(b) and (c). The laboratory must pass the inspection as a condition of maintaining certification.

(d) If an inspection under this section indicates that the inspected laboratory is in compliance with all conditions for certification under 18 AAC 80.1100(c)(1)(A), the department will notify the laboratory in writing that it has passed the inspection.

(e) If an inspection under this section indicates that the inspected laboratory fails to maintain quality control standards as required under 18 AAC 80.1100(b)(2), or is otherwise deficient in a requirement for maintaining certification, the department will report the deficiencies to the laboratory in writing and provide an opportunity for response. Based on the results of the inspection and on the information supplied in the laboratory's response, if any, the department may revoke or downgrade certification under 18 AAC 80.1100(h).

18 AAC 80.1109 Reporting and recordkeeping

(a) Each laboratory certified under this section must submit sample information on a form provided by the department and must transmit sample information to the department by electronic means in an approved format.

(b) A certified laboratory performing analyses under this chapter is subject to the reporting requirements of this chapter, including the requirements of 18 AAC 80.355 and the report certification requirements of 18 AAC 80.1900.

(c) A certified laboratory shall maintain records of chemical and microbiological analyses of compliance samples, including all raw data, calculations, and quality control data, for five years or until its next onsite inspection as provided in 18 AAC 80.1105(b) is completed, whichever period is longer. Changes in ownership, mergers, closures of laboratories, or changes in certification status, including decertification, do not eliminate these requirements. Before disposing of a public water system's records, a laboratory shall notify the client water system so that the system may request copies if needed.

(d) In this section, "sample information" means the

(1) identity of the laboratory performing the analysis;

(2) identity of the water system that supplied the sample;

(3) sampling location;

(4) name of the individual who collected the sample;

(5) date and time that the sample was collected;

(6) date and time that the laboratory received the sample;

(7) sample type;

(8) name of the laboratory technician who performed the analysis;

(9) analyte code;

(10) method code;

(11) date and time of the analysis;

(12) result of the analysis, including units of measure; and

(13) method reporting limit, practical quantitation limit, or method detection limit, including units of measure, as appropriate for the contaminant for which the sample was tested.

18 AAC 80.1110 Laboratory certification fees

(a) The owner or operator of a laboratory shall pay fees to the department as follows:

(1) a base fee, for initial certification, for regaining laboratory certification if the laboratory's certification has been revoked or becomes otherwise invalid, or for renewal under 18 AAC 80.1100 for a method, of

(A) $150 if applying for certification under 18 AAC 80.1100(b) and (c) in one or more microbiological methods, or for renewal of that certification;

(B) $135 if applying for certification under 18 AAC 80.1100(d) in one or more microbiological methods, or for renewal of that certification;

(C) $500 if applying for certification under 18 AAC 80.1100(b) and (c) in one or more chemistry methods, or for renewal of that certification;

(D) $475 if applying for certification under 18 AAC 80.1100(d) in one or more chemistry methods, or for renewal of that certification;

(2) in addition to the base fee, a method fee as set out in (c) or (d) of this section,

(A) for initial certification or for renewal, for each method for which the laboratory seeks to be certified; or

(B) to regain method certification for a method for which certification has been revoked or has otherwise become invalid;

(b) The applicable base fee is paid only one time for the period during which a certification is valid, even if the laboratory later applies for one or more certifications in additional methods during that same period.

(1) microbiological methods, category I, consisting of enzyme substrate methods: $126 per method;

(2) microbiological methods, category II, consisting of fermentation methods, including confirmation test methods, and hetereotrophic plate-count methods: $410 per method;

(3) microbiological methods, category III, consisting of membrane filtration methods, including confirmation test methods: $441 per method;

(4) chemistry methods, category I, consisting of methods using ion-selective electrode, nephelometry, or spectrophotometery, for analytes including nitrate, nitrite, o-phosphate, alkalinity, pH, odor, color, conductivity, EDTA (calcium), turbidity, hardness, chloride, fluoride, cyanide, sulfate, total dissolved solids, and foaming agents, and also consisting of radiochemistry methods, including EPA 900 series and liquid scintillation counting: $284 per method;

(5) chemistry methods, category II, consisting of analysis of inorganic chemicals, including trace metals and inorganic non-metals, using ion chromatography, atomic absorption spectroscopy, inductively coupled plasma/mass spectroscopy, including analysis for uranium by EPA 200.8, inductively coupled plasm/non-mass spectroscopy, hydride atomic absorption, and cold vapor atomic absorption: $441 per method;

(6) chemistry methods, category III, consisting of organic chemicals analysis by methods using gas chromatography, high pressure liquid chromatography or gas chromatography/mass spectroscopy, including EPA 500 series, EPA 1613, SM 6251B, SM 6610, and SM 6651: $788 per method;

(7) chemistry methods, category IV, consisting of asbestos analysis by transmission electron microscopy (TEM): $1,040 per method.

(d) For conducting an onsite inspection of a laboratory under 18 AAC 80.1105(c), the department will charge an hourly fee of $64 for staff time required to prepare for and conduct the inspection, and to complete any follow-up actions required by the results of the inspection.

(e) Fees assessed under this section are nonrefundable.

Article 12 Administrative Penalties

18 AAC 80.1200 Circumstances for assessing a penalty

The department may assess a penalty against an entity that violates or causes or permits to be violated a term or condition of this chapter, or a term or condition of an order, permit, approval, or certificate issued under this chapter. The penalty assessed will be stated in terms of dollars per day per violation in accordance with AS 46.03.761(g).

18 AAC 80.1210 Notice of violation

(a) Before assessing an administrative penalty under 18 AAC 80.1200 - 18 AAC 80.1290, the department will provide to the entity, by personal service or by certified mail, return receipt requested, a written notice in conformance with AS 46.03.761(b) of the violation. The department will send a copy of the notice of violation to the governing body of the community or municipality whose residents are served by the public water system.

(b) In the written notice under (a) of this section, the department will

(1) include each date of the violation;

(2) include a description of the nature of the violation, and what regulation, order, permit, approval, or certificate the entity allegedly violated;

(3) inform the entity of the amount of time allowed to correct the violation; the amount of time allowed to correct the violation will be based on

(A) the nature of the violation;

(B) whether the violation poses an immediate threat to the public health; and

(4) unless the violation poses an immediate threat to the public health, inform the entity that the entity may request an extension of each deadline provided in the notice of violation, if the entity submits information demonstrating that the extension is not sought for purposes of delay, the public health is adequately protected, and the required construction or alteration of facilities cannot reasonably be completed in the time allowed in the notice of violation; and

(5) if the department determines that the entity lacks the resources or expertise to obtain technical assistance from other sources, include an offer of technical assistance from the department to the entity; for purposes of this paragraph, a public water system lacks the resources or expertise to get technical assistance from other sources if

(A) the public water system is not capable of consistently producing and delivering water in compliance with this chapter; in making this determination, the department will examine the

(i) adequacy of the source water;

(ii) physical infrastructure adequacy in terms of treatment, storage, and distribution; and

(iii) ability of system personnel to operate and maintain the system adequately and otherwise implement technical knowledge;

(B) the public water system does not have the financial resources necessary to hire an independent engineer and consistently produce and deliver water in compliance with this chapter; in making this determination, the department will examine the entity's

(i) revenue sufficiency;

(ii) creditworthiness; and

(iii) fiscal controls;

(C) the entity is not capable of providing the management structure necessary for the consistent production and delivery of water in compliance with this chapter; in making this determination, the department will examine the entity's

(i) ownership accountability;

(ii) staffing;

(iii) organization; and

(iv) means of communication with customers, professional service providers, the department, and other regulatory agencies; and

(D) the public water system is not served by a circuit rider through a regional health corporation or the department.

(c) The department may grant an extension of the deadlines in the notice of violation if the department determines that good cause exists, based on the information that the entity submits under (b)(4) of this section.

(d) An extension granted under (c) of this section may be withdrawn if the department determines that the entity is not taking the steps necessary to achieve compliance by the extended deadline.

(e) If an offer of technical assistance made under (b)(5) of this section is not accepted within two working days after receipt of the offer, the department will assume that technical assistance is not being requested.

18 AAC 80.1220 Calculation of penalty

(a) Subject to (f) of this section and the limits imposed by AS 46.03.761(g), the per day per violation administrative penalty will be calculated in accordance with the following formula:

penalty = (A x B x C x $10) + D

where:

A = the point value assigned under (b) of this section;

B = the point value assigned under (c) of this section;

C = the point value assigned under (d) of this section;

D = the number determined under the formula set out in (e) of this section.

(b) For the amount "A" in the penalty formula in (a) of this section, the department will assign to the violation a point value reflecting the public health risk factor, as follows:

(1) for the following violations that have a minor effect on the public health:

(A) failure to comply with 18 AAC 80.1040 (Consumer Confidence Reports): one point;

(B) failure to meet a secondary MCL as required under 18 AAC 80.300(c): one point;

(C) a violation of the requirements under this chapter that the department determines to have a minor effect on the public health: one point;

(D) failure to submit to the department a timely certification required under 18 AAC 80.055(g): one point;

(2) for the following violations that prevent the department's assessment of safety:

(A) failure to submit to the department information required by this chapter, including the information described under 40 C.F.R. 141.860(d), adopted by reference in 18 AAC 80.010(a): two points;

(B) failure to submit documentation sealed by a registered engineer if required by this chapter: two points;

(C) failure to perform routine sampling and analysis as required under 18 AAC 80.310(a), other than a failure described in (4)(A) or (4)(B) of this subsection: two points;

(D) failure to correct, within the department's specified timeframe, deficiencies found during a sanitary survey, other than significant deficiencies: two points;

(E) a violation of the requirements under this chapter that the department determines to prevent the department's assessment of safety: two points;

(3) for the following violations that could prevent the public water system from supplying drinking water to the public:

(A) construction, installation, alteration, renovation, or improvement of a public water system without approval as required under 18 AAC 80.200(b): three points;

(B) failure to operate with a certified operator in accordance with 18 AAC 80.007: three points;

(D) failure to meet the separation distance requirements of 18 AAC 80.020 without a waiver under that section: three points;

(E) a violation of the requirements under this chapter that the department determines could prevent the public water system from supplying drinking water to the public: three points;

(4) for the following violations in which a known, specific health concern exists:

(A) failure to perform routine sampling and analysis as required under 18 AAC 80.310(a) to determine compliance with a treatment technique requirement under 40 C.F.R. 141.70 - 141.73, adopted by reference in 18 AAC 80.010(a), and under 18 AAC 80.655 - 18 AAC 80.665: four points;

(B) failure to monitor for coliform bacteria, as required under 18 AAC 80.405 and described in 40 C.F.R. 141.860(c), adopted by reference in 18 AAC 80.010(a), or to conduct nitrate and nitrite monitoring as required under 18 AAC 80.315(b)(4) and (5): four points;

(D) failure to cover a reservoir if required under 40 C.F.R. 141.170(c), adopted by reference in 18 AAC 80.010(a): four points;

(E) failure to meet the MCL for a contaminant for which an MCL is set under 18 AAC 80.300 other than nitrate, nitrite, or total nitrate and nitrite as set out in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a), and other than coliform bacteria as set out in 40 C.F.R. 141.63(a) - (d), adopted by reference in 18 AAC 80.010(a): four points;

(F) failure to perform public education or public notification, if required under 40 C.F.R. 141.85, adopted by reference in 18 AAC 80.010, or if required under 40 C.F.R. 141.201 - 141.210, adopted by reference in 18 AAC 80.010, other than a failure described in (6)(I) of this subsection: four points;

(G) a violation of the requirements under this chapter for which the department determines that a known, specific health concern exists: four points;

(5) for the following violations that could result in an unapproved or deficient public water system in use:

(A) operation of a public water system without a valid final or interim approval to operate as required under 18 AAC 80.200(b) and 18 AAC 80.210(g) and (j): five points;

(B) failure to make physical modifications as required by the department under 18 AAC 80.200(e): five points;

(C) failure to correct, within the department's specified timeframe, significant deficiencies found during a sanitary survey: five points;

(D) a violation of the prohibition of cross-connections under 18 AAC 80.025(a), or failure to install, maintain, or test a backflow prevention assembly as required under 18 AAC 80.025(b): five points;

(E) a violation of the requirements under this chapter that the department determines could result in an unapproved or deficient public water system in use: five points;

(6) for the following violations that could result in an immediate threat to the public health:

(A) failure to perform repeat monitoring if required under this chapter: six points;

(B) failure to monitor fluoridation as required under 18 AAC 80.315 and 18 AAC 80.340: six points;

(D) failure to comply with a treatment technique requirement, including requirements described in 40 C.F.R. 141.860(b), adopted by reference in 18 AAC 80.010(a): six points;

(E) failure to meet the MCL for coliform bacteria set out in 40 C.F.R. 141.63(a) and (b), or for Escherichia coli set out in 40 C.F.R. 141.63(c) and (d), both adopted by reference in 18 AAC 80.010(a): six points;

(F) failure to disinfect a newly constructed or reworked well as required under 18 AAC 80.015(b)(6): six points;

(G) failure to use a certified laboratory: six points;

(H) failure to meet the MCL for nitrate, nitrite, or total nitrate and nitrite, as set out in 40 C.F.R. 141.62(b), adopted by reference in 18 AAC 80.010(a), and as determined according to 40 C.F.R. 141.23(i)(3), adopted by reference in 18 AAC 80.010(a): six points;

(I) failure to provide public notification, as required under 40 C.F.R. 141.201 - 141.210, adopted by reference in 18 AAC 80.010, for a violation of the MCL for a contaminant or the MRDL for a disinfectant that might pose an acute risk to human health: six points;

(J) failure to meet the monitoring requirements as required under 18 AAC 80.655 - 660 for a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source and that does not provide filtration treatment: six points;

(K) a violation of the requirements under this chapter that the department determines could result in an immediate threat to the public health: six points.

(c) For the amount "B" in the penalty formula in (a) of this section, the department will assign to the violation a point value reflecting the entity's previous record of compliance under this chapter, as follows:

(1) if, within five years before the date when the department issues a preliminary determination under 18 AAC 80.1230, a notice of violation has been issued under AS 46.03.850 for a violation under (b)(4) - (b)(6) of this section by the entity: seven points;

(2) if, within one year before the date when the department issues a preliminary determination under 18 AAC 80.1230, a notice of violation has been issued under AS 46.03.850 for a violation under (b)(1) - (b)(3) of this section by the entity: three points;

(3) if the entity's compliance history does not include circumstances described in (1) or (2) of this subsection: one point.

(d) For the amount "C" in the penalty formula in (a) of this section, the department will assign to the violation a point value reflecting the population that the entity serves, as follows:

(1) for a transient non-community water system: one point;

(2) for a non-transient non-community water system, or for a community water system with fewer than 100 service connections: two points;

(3) for a community water system with 100 - 500 service connections: three points;

(4) for a community water system with 501 - 999 service connections: four points;

(5) for a community water system with 1,000 - 9,999 service connections: five points;

(6) for a community water system with 10,000 or more service connections: six points.

(e) For the amount "D" in the penalty formula in (a) of this section, the department will assign a number calculated in accordance with the following formula:

D = (economic savings + department's reasonable costs) / number of days of violation

(f) The department may increase or decrease the penalty computed under the formula in (a) of this section based on the consideration of the following factors:

(1) whether the violation prevented the entity from supplying drinking water to the public;

(2) the extent to which the violation reduced the quality of water being provided to the public;

(3) the extent to which the violation negatively impacted the integrity of the source;

(4) the likelihood that the penalty amount will deter future violations of this chapter by the entity subject to the penalty;

(5) whether the entity achieved compliance with the violated requirement within the shortest feasible time, taking into consideration

(A) the cost of compliance;

(B) the availability of professional or technical personnel;

(D) the extent to which major construction or alteration of facilities was needed to bring the public water system into compliance with applicable statutes and this chapter;

(6) whether the expenditures that would have prevented or minimized the violation are relatively small in comparison to the overall investment in infrastructure by the public water system;

(7) whether any delay in compliance was out of the control of the entity; for purposes of this paragraph, a delay out of the control of the entity includes a delay

(A) because parts or chemicals that had been timely ordered by the entity were on back order or delayed in transit;

(B) due to circumstances beyond the entity's reasonable control and ability to foresee, and despite the due diligence of the entity; for purposes of this subparagraph, circumstances beyond the entity's reasonable control and ability to foresee

(i) include war, riots, and acts of God; and

(ii) do not include increased costs of compliance with this chapter, or reasonably foreseeable seasonal fluctuations in the weather conditions of the region; and

(C) due to the timing of regular flights or other freight transportation into the community where the public water system is located;

(8) whether the entity knowingly violated the regulations, order, permit, approval, or certificate of the department.

18 AAC 80.1230 Issuance of preliminary determination

(a) If the entity does not correct the violation within the time allowed under 18 AAC 80.1210(b)(3), the department will make a preliminary determination to assess an administrative penalty. The department will provide to the entity, by personal service or by certified mail, return receipt requested, a written notice of the preliminary determination. The department will send a copy of the notice of the preliminary determination to the governing body of the community or municipality whose residents are served by the public water system.

(b) In the written notice of preliminary determination under (a) of this section, the department will

(1) include each date of each violation;

(2) include a description of the nature of the violation;

(3) list the regulations, order, permit, approval, or certificate that the entity violated;

(4) explain why the department is assessing a penalty;

(5) calculate, in accordance with 18 AAC 80.1220, the amount of the proposed administrative penalty per day per violation;

(6) calculate the number of days in violation;

(7) state that the entity may, within 10 days after receipt of the notice of preliminary determination, request in writing reconsideration of the preliminary determination to assess the penalty, but that a request for reconsideration may not be based upon the amount of technical assistance offered to the entity or whether the department offered technical assistance to the entity;

(8) state that the request for reconsideration submitted under (7) of this subsection must include

(A) information regarding the extent to which the violation has been abated or partially abated;

(B) information whether the violation was out of the entity's control, including information regarding the unavailability of professional or technical personnel or of materials and equipment; and

(i) not initially available to the department; or

(ii) initially available to the department, but that the department overlooked;

(9) inform the entity that the entity may seek an extension of the 10-day period for making a request for reconsideration; the department will describe the requirements of (c)(1) - (c)(2) of this section; and

(10) state that if the department does not receive a timely request for reconsideration, or if after reconsideration the department determines that a penalty should be assessed, the department will issue a notice of assessment and assess the penalty.

(c) An entity may request reconsideration of a preliminary determination made by the department. The request for reconsideration must be made in writing and received by the department within 10 days after the entity's receipt of the notice of preliminary determination, or within the time period allowed in any extension granted by the department under this subsection. The request for reconsideration may not be based upon the amount of technical assistance offered to the entity or whether the department offered technical assistance to the entity. The department will extend the 10-day period for making a request for reconsideration if

(1) the entity requests an extension within the 10-day period; and

(2) the department determines that

(A) the extension is not sought for purposes of delay;

(B) good cause is shown for the extension; and

(d) If an entity timely submits a request for reconsideration under (c) of this section, the department will base reconsideration on the information submitted in accordance with (b)(8) of this section.

18 AAC 80.1240 Notice of assessment

(a) If the department does not receive a timely request for reconsideration in accordance with 18 AAC 80.1230(c) and (d), or if after reconsideration the department determines that the penalty should be assessed, the department will provide to the entity, by personal service or by certified mail, return receipt requested, a written notice of assessment.

(b) In the written notice of assessment under (a) of this section, the department will

(1) include instructions for contesting and appealing the assessment, including instructions substantially as follows: "The entity has 45 days to file a notice with the department contesting the proposed penalty. If, within 45 days after receiving the notice of assessment issued by the department, the entity fails to file a notice contesting the proposed penalty, the proposed penalty is considered a final order not subject to review by the superior court. If the entity contests the proposed penalty by filing a notice with the department, the department will afford an opportunity for an adjudicatory hearing in accordance with AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990. After an opportunity for a hearing, the department will issue an order, based upon findings of fact, affirming, modifying, or rescinding the administrative penalty.";

(2) include each date of each violation, a list of the regulations, orders, permits, approvals, or certificates violated, the amount of the proposed administrative penalty per day per violation, and the total amount of the proposed penalty; and

(3) inform the entity that the entity may seek an extension of the 45-day period for filing a notice of intent to contest the proposed administrative penalty; the department will describe the requirements of (c)(1) and (2) of this section.

(c) If the entity notifies the department in writing, not later than 45 days after receiving the notice of assessment, or within the time period allowed in any extension granted by the department under this subsection, of the intent to contest the proposed administrative penalty, the department will refer the matter to the office of administrative hearings (AS 44.64.010) for an adjudicatory hearing in accordance with AS 44.62 (Administrative Procedure Act) and 2 AAC 64.100 - 2 AAC 64.990. The department will extend the 45-day period for filing a notice of intent if

(1) the entity requests the extension during the 45-day period; and

(2) the department determines that

(A) the extension is not sought for purposes of delay;

(B) good cause is shown; and

(d) If the entity does not notify the department in writing, within 45 days after receiving the notice of assessment, or within the time period allowed in any extension granted by the department under (c) of this section, of the intent to contest the proposed administrative penalty, the proposed penalty is considered a final order that is not subject to review by the superior court, and is immediately due to the department. If a penalty is not paid within 30 days after the date that the notice of assessment becomes a final order, the department may bring an action to collect the penalty, interest, and full reasonable attorney fees and costs.

18 AAC 80.1250 Department order after hearing

(a) After affording an opportunity for a hearing under 18 AAC 80.1240(c), the department will issue an order in writing affirming, modifying, or rescinding an administrative penalty. In the order, the department will include text that reads substantially as follows: "This administrative order is the final agency decision. The entity may obtain judicial review of this administrative penalty order by filing a notice of appeal in the superior court in the [number of the judicial district] judicial district at [address of the court] within 30 days from the date that the decision appealed from is mailed or otherwise distributed as provided by the Alaska Rule of Appellate Procedure 602. An administrative penalty order becomes final and is not subject to review by a court if an appeal is not timely filed with the superior court."

(b) If a penalty is not paid within 30 days after the date that the administrative penalty order becomes a final order by virtue of not being appealed to the superior court, the department may bring an action to collect the penalty, interest, and full reasonable attorney fees and costs.

18 AAC 80.1290 Definitions

In 18 AAC 80.1200 - 18 AAC 80.1290, unless the context requires otherwise,

(1) "department's reasonable costs" means the following costs that can reasonably be attributed to the violation:

(A) the number of hours, multiplied by $64, that department employees worked in the detection, investigation, and attempted correction of the violation;

(B) administrative costs;

(D) the cost of collecting, transporting, and analyzing samples paid for or performed by the department;

(E) the cost of contracted services related to the detection, investigation, and attempted correction of the violation;

(2) "economic savings" means the sum that an entity would have been required to expend for the planning, acquisition, construction, installation, and operation of a facility necessary to ensure compliance with the standard violated;

(3) "entity" has the meaning given in AS 46.03.761(1);

(4) "immediate threat to the public health" has the meaning given the term "acute risk" in 18 AAC 80.1990(a);

(5) "number of days of violation" means the number of days between the entity's receipt of the notice of violation under 18 AAC 80.1210 and the date

(A) of correction of the violation; or

(B) on which the department issues a notice of preliminary determination under 18 AAC 80.1230, if the violation has not yet been corrected.

Article 13 General Provisions

18 AAC 80.1900 Report certification requirements

(a) An owner, an operator, another responsible person, or a sanitary survey inspector approved under 18 AAC 80.435 or 18 AAC 80.438, shall certify by signature that the information and data contained in a report, certification, or other document required to be filed under this chapter are true and correct to the best of the signer's knowledge and belief.

(b) If an owner, operator, other responsible person, or sanitary survey inspector knowingly signs and files with the department a report, certification, or other document that contains false information, the department may revoke or downgrade any certification or approval issued to that individual, including operator certification under 18 AAC 74.830, sanitary survey inspector approval under 18 AAC 80.439, or laboratory certification under 18 AAC 80.1100(h), or may apply other penalties.

18 AAC 80.1905 Recordkeeping requirements

Repealed.

18 AAC 80.1910 Fees

(a) The owner of a public water system, or an individual seeking approval under (7) or (8) of this subsection, shall pay a fee to the department as follows:

(1) for each onsite inspection of a public water system by the department under AS 46.03.020(6), AS 46.03.860, or this chapter, unless a more specific fee for a visit, inspection, or examination is provided in this section: $64 per hour;

(2) for each sanitary survey conducted by the department under AS 46.03.020(6) or 18 AAC 80.430 for a water system that

(A) uses a groundwater source, for

(i) the first source: $398; and

(ii) each additional source: $117;

(B) uses a surface water source or a GWUDISW source, for

(i) the first source: $585; and

(ii) each additional source: $117;

(i) one surface water source and one groundwater source: $585; and

(ii) each additional surface water or groundwater source: $117;

(D) is a consecutive public water system: $257; or

(E) is a water hauler: $205;

(3) for each initial review and approval of a complete surface water treatment rule filtration avoidance criteria determination under 18 AAC 80.620: $1,697;

(4) for each annual onsite inspection and report under 18 AAC 80.620(3) of a public water system seeking to maintain filtration avoidance, for

(A) inspecting the first source: $626; and

(B) inspecting each additional source: $117;

(5) for each determination of whether a system is served by groundwater or GWUDISW,

(A) if the department does a field assessment under 18 AAC 80.605(d): $720;

(B) if the department reviews, under 18 AAC 80.605(d), a field assessment completed by a registered engineer, professional geologist, or professional hydrologist: $100; and

(C) if the department requests and reviews a water quality assessment provided by the owner under 18 AAC 80.605(e): $720;

(6) for each monitoring waiver application for contaminants listed in 40 C.F.R 141.61(c), adopted by reference in 18 AAC 80.010(a),

(A) for a new waiver, for processing the application: $99;

(B) for a new waiver, in addition to the processing fee required in (A) of this paragraph, one of the following fees for reviewing the application:

(i) if a synthetic organic chemical is not used or has not been used in the waiver review area: $257;

(ii) if a synthetic organic chemical is used or has been used in the waiver review area: $708;

(D) for renewal of an existing waiver, in addition to the processing fee required in (C) of this paragraph, if a substantial change in the waiver review area has occurred since the existing waiver was issued, one of the following fees for reviewing the application:

(i) if a synthetic organic chemical is not used or has not been used in the waiver review area: $257;

(ii) if a synthetic organic chemical is used or has been used in the waiver review area: $708;

(7) for each initial application for approval under 18 AAC 80.435 of a sanitary survey inspector: $293;

(8) for each application for biennial renewal of an approval under (7) of this subsection: $204;

(9) for each review by the department of documentation submitted for a designation of optimal corrosion control treatment under 40 C.F.R. 141.82(d), adopted by reference in 18 AAC 80.010(a): $842;

(10) for each review of an application for approval of an innovative technology or device under 18 AAC 80.225: $796;

(11) for each request for a waiver of the minimum separation distance required under 18 AAC 80.020,

(A) other than a waiver described in (B) of this paragraph: $585;

(B) for a waiver of the separation distance between a water line and a sewer line: $585 for each 1,000 consecutive linear feet of water pipe or part of that length;

(12) for each review of a request for an extension of time under the construction and operation certificate provided for in 18 AAC 80.210: $193;

(13) for each comprehensive performance evaluation conducted by the department under 18 AAC 80.705(b)(1): $64 per hour.

(b) The owner of a public water system shall pay a fee to the department when engineering plans are submitted for approval under 18 AAC 80.200 - 18 AAC 80.220, as follows:

(1) for a community water system or non-transient non-community water system

(A) that uses a groundwater source without treatment and serves

(i) 25 - 150 individuals: $971;

(ii) 151 - 1,000 individuals: $1,837;

(iii) more than 1,000 individuals: $3,627; or

(B) that uses a water source with a treatment technique requirement and serves

(i) 25 - 150 individuals: $1,404;

(ii) 151 - 1,000 individuals: $2,258;

(iii) more than 1,000 individuals: $4,224;

(2) for a transient non-community water system for which engineering plans are required under 18 AAC 80.200(b), and that uses a

(A) groundwater source without treatment: $491; or

(B) water source with treatment: $797;

(3) if surface water or GWUDISW is a source for the system, and in addition to any fee required under (1) or (2) of this subsection: $468;

(4) repealed 2/11/2017.

(c) A person seeking department approval of a modification or revision to a public water system that has been approved under 18 AAC 80.200 - 18 AAC 80.220 shall pay a fee to the department for the plan review based on the percentage increase in the design parameters over the previously established parameters for which approval was granted. The department will require an hourly fee of $64 for a plan review under this section if assessment of an hourly fee results in a total fee that is less than the fee that would be applicable under (1) - (3) of this subsection. If the increase in parameters is

(1) no more than 20 percent, the fee is 20 percent of the fee applicable to the pre-modification parameters under (b)(1) or (2) of this section;

(2) over 20 percent but no more than 50 percent, the fee is the equivalent percentage of the fee applicable to the pre-modification parameters under (b)(1) or (2) of this section;

(3) more than 50 percent, the fee is 100 percent of the fee applicable to the pre-modification parameters under (b)(1) or (2) of this section.

(d) The owner of a public water system shall pay a fee to the department for applying for approval to replace a distribution main, extend a distribution main, replace a source water transmission line, or extend a source water transmission line, as follows:

(1) for 1,000 feet or less: $386;

(2) for greater than 1,000 feet: $386, plus $117 for each 1,000-foot increment or part of that increment over the first 1,000 feet.

(e) A person applying for a variance, an exemption, a variance extension, or an exemption extension shall pay the applicable fee to the department, as follows:

(1) for a variance: $878;

(2) to extend a variance: $585;

(3) for an exemption: $878;

(4) to extend an exemption: $585.

(f) An owner of a public water system shall reimburse the department for expenses incurred by the department, as follows:

(1) if an owner applies for a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375,

(A) the cost to publish the public notice; and

(B) an hourly fee of $64 to prepare the public notice and to prepare for and conduct a public hearing;

(2) if the department issues, under 18 AAC 80.1035, a required public notice on behalf of an owner: the cost to publish the public notice;

(3) if, to secure compliance by a public water system with this chapter, the department reasonably incurs any direct cost, not including travel, for inspecting, investigating, monitoring, sampling, testing, or analyzing any part of that public water system: the department's direct costs, not including travel expenses, and not to exceed $5,000; if activities subject to a fee under this paragraph include one or more inspections, the fee under this paragraph is in addition to the hourly fee under (a)(1) of this section, and applies to direct costs not already covered under (a)(1) of this section.

(g) A fee required under this section for an application or request must be submitted with the application or request for which it is required. A fee is not refundable if the department denies the application or request. If, after an application or request has been denied, the applicant submits a new application or request for the same purpose, the required fee must accompany the new application or request. If a fee required under (a), (c), or (f) of this section is to reimburse the department for time spent or expense incurred, the department will invoice the owner of the affected public water system. An invoice for reimbursement is payable upon receipt.

(h) A person who disputes the determination or computation of a fee under this section may request a fee review under 18 AAC 15.190.

18 AAC 80.1915 Public interest waiver

(a) The department will waive a fee for performing an inspection or analysis under this chapter if the department finds that

(1) after conducting an inspection or analysis in response to a complaint, the complaint was unfounded;

(2) a public health or environmental emergency exists, and an inspection or analysis at no cost to the owner is needed to meet the emergency; or

(3) an inspection or analysis is necessary to prevent a public health or environmental emergency, and charging a fee for that inspection or analysis would not be in the public interest.

(b) A circumstance listed in (a) of this section does not constitute an automatic fee waiver.

18 AAC 80.1920 Appeals

(a) Except as provided in (d) of this section, not later than 20 days after the department issues a decision concerning plans submitted for approval under 18 AAC 80.200 - 18 AAC 80.220, a classification under 18 AAC 80.200(a), a waiver, a variance, an exemption, or any other decision under this chapter, the applicant, owner or operator, or other person adversely affected by the decision may request an informal review of the decision under 18 AAC 15.185, and, not later than 30 days after issuance of the department decision, may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

(b) Repealed 7/11/2002.

(d) An entity subject to a department decision that proposes or assesses an administrative penalty under 18 AAC 80.1200 - 18 AAC 80.1290 may contest the proposed or assessed administrative penalty by following the procedures set out in 18 AAC 80.1200 - 18 AAC 80.1290.

18 AAC 80.1990 Definitions, abbreviations, and symbols

(a) In this chapter, unless the context requires otherwise,

(1) "acute risk" means a possible source of a hazard, danger, loss, or injury that could quickly affect public health;

(2) "ANSI" means the American National Standards Institute, Inc.;

(3) "approved" and "approval" mean approved by or the approval of the department;

(4) "aquifer" means a formation, a group of formations, or part of a formation that contains sufficient saturated permeable material to yield economical quantities of water to wells and springs;

(5) "AWWA" means the American Water Works Association;

(6) "backflow" means the flow, in a direction opposite to the normal flow, of a foreign liquid, gas, or substance into the collection or distribution system of a public water system;

(7) "best available technology" has the meaning given to "best available technology or BAT" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(8) "bottled water" means water that is sealed in bottles or other containers and intended for human consumption;

(9) "cathodic protection well" means an artificial excavation to install equipment or facilities for the protection of metallic equipment in contact with the ground;

(10) "certified laboratory" means a laboratory certified by the department under 18 AAC 80.1100 - 18 AAC 80.1110 or by the EPA;

(11) "chloramines" means a group of chlorine ammonia compounds formed when chlorine combines with ammonia or organic nitrogen in the water;

(12) "cleanout" has the meaning given to "cleanout" in 18 AAC 72.990;

(13) "coagulation" has the meaning given to "coagulation" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(14) "coliform" means

(A) aerobic and facultative anaerobic, gram-negative, non-spore-forming, rod-shaped bacteria that ferment lactose with gas production within 48 hours at 35 degrees Celsius;

(B) aerobic and facultative anaerobic, gram-negative, non-spore-forming, rod-shaped bacteria that produce a dark colony with a metallic sheen within 24 hours at 35 degrees Celsius on an Endo-type medium containing lactose; and

(C) those organisms able to produce the enzyme beta-galactosidase which hydrolyzes substrate present in a chemically defined medium according to EPA approved methods listed in the Manual for the Certification of Laboratories Analyzing Drinking Water, including supplements, adopted by reference in 18 AAC 80.010(b), and in accordance with 40 C.F.R. 141.852, adopted by reference in 18 AAC 80.010(a);

(15) "combination-source system" means a public water system that uses a combination of two or more of the following as source water:

(A) a groundwater source;

(B) a surface water source;

(16) "combined chlorine" means the concentration of residual chlorine that is combined with ammonia, organic nitrogen, or both in water as a chloramine or other chloroderivative;

(17) "community sewer line" has the meaning given to "community sewer line" in 18 AAC 72.990;

(18) "community water system" means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents;

(19) "compliance cycle" has the meaning given to "compliance cycle" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(20) "compliance period" has the meaning given to "compliance period" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(21) "composite correction program" means a program that includes a comprehensive performance evaluation and a comprehensive technical assistance activity;

(22) "composite sample" means a sample created by a certified laboratory by mixing equal parts of water from up to five different samples;

(23) "compositing" means using or creating a composite sample;

(24) "comprehensive technical assistance" means the performance improvement phase

(A) that is implemented if the comprehensive performance evaluation results indicate improved performance potential; and

(B) during which identified plan-specific factors are systematically addressed and eliminated;

(25) "confirmation sample" means a second sample collected at the same sampling point as the first sample and used for re-analysis;

(26) "confluent growth" or "CG" has the meaning given to "confluent growth" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(27) "consecutive public water system" has the meaning given to "consecutive system" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(28) "constructed conveyance"

(A) means, with respect to a public water system, a manmade conduit for water;

(B) includes ditches, culverts, waterways, flumes, mine drains, or canals;

(C) does not include a water haul vehicle or water that is delivered by bottle, other package unit, vending machine, or cooler;

(29) "contaminant" means a physical, chemical, biological, or radiological substance or material in water that, in sufficient quantity, makes water unfit for human consumption;

(30) "contamination" means the presence in water of

(A) a contaminant at a level that exceeds

(i) a maximum contaminant level under 18 AAC 80.300; or

(ii) an action level, including the lead or copper action level under 40 C.F.R. 141.80, adopted by reference in 18 AAC 80.010(a);

(B) a contaminant that

(i) exceeds the allowable limit for removal or inactivation by a treatment technique, including the substances set out under 18 AAC 80.303; or

(ii) triggers a treatment technique requirement under this chapter; or

(31) "conventional filtration" has the meaning given to "conventional filtration treatment" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(32) "corrective action"

(A) means an action taken to remedy

(i) a deficiency or sanitary defect; or

(ii) a direct, indirect, or potential cause, in whole or in part, of a risk to public health, regardless of whether that cause is a deficiency or sanitary defect;

(B) includes interim and final measures taken to remedy the deficiency, sanitary defect, or cause of a risk to public health;

(33) "corrective action plan" means a proposal, either made by the department or submitted by the owner of a public water system to the department for approval, to take one or more corrective actions according to a specified schedule;

(34) "corrosivity" means the tendency of internal water to oxidize piping and appurtenances; a noncorrosive water is characterized by a slightly positive Langelier index, a driving force index greater than 1.0, or an aggressive index greater than or equal to 12.0 for asbestos-cement pipe;

(35) "cross-connection" means a physical arrangement by which a public water system is connected, directly or indirectly, with an unapproved water system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device that contains, or might contain, wastewater or other substances of unknown or unsafe quality that might be capable of contaminating the water supply through backflow; "cross-connection" includes a bypass arrangement, jumper connection, removable section, swivel or change-over device, and other temporary, permanent, or potential connection through which, or because of which, backflow could occur;

(36) "CT" or "CTcalc" means the result obtained by multiplying the residual disinfectant concentration (C), in mg/1, determined before or at the first customer, and the corresponding disinfectant contact time (T), in minutes;

(37) "CT99.9" is the CT value required for 99.9 percent (3-log) inactivation of Giardia lamblia cysts;

(38) "decommission" means to fill or plug a well so that it is rendered unproductive and does not produce water or serve as a channel for water movement;

(39) "deficiency" means a condition of a public water system, or an action or omission of an owner or operator of a public water system, that directly or indirectly causes, or has the potential to cause,

(A) a risk to public health;

(B) an unplanned interruption of service in the public water system; or

(C) a deviation from professional standards of engineering, sanitation, or public health applicable to public water systems;

(40) "demonstrate" or "demonstration" means to prove or proof through documentation or other evidence to the department's satisfaction;

(41) "department" means the Alaska Department of Environmental Conservation;

(42) "design criteria" means information and numerical data such as rates, loadings, and other parameters upon which a specific facility design is based; "design criteria" include

(A) engineering guidelines that specify construction details and materials; and

(B) objectives, results, or limits that a facility, structure, or process must meet in the performance of its intended function;

(43) "detected" means that the analytical result exceeds the detection limit specified for the method used to analyze a contaminant;

(44) "diatomaceous earth filtration" has the meaning given to "diatomaceous earth filtration" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(45) "direct filtration" has the meaning given to "direct filtration" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(46) "director" means the director of the department's division assigned to environmental health;

(47) "disinfectant" means an oxidant or equivalent agent that is intended to inactivate pathogenic microorganisms and that is added to water during the treatment or distribution process; "disinfectant" includes chlorine, chlorine dioxide, chloramines, and ozone;

(48) "disinfectant contact time" has the meaning given to "disinfectant contact time" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(49) "disinfection" means a process that inactivates pathogenic organisms in water by chemical oxidants or equivalent agents;

(50) "distribution system" means post-treatment storage facilities, conduits, mains, lines, fixtures, pumping stations, or other devices used to carry water to the consumer;

(51) "domestic or other nondistribution system plumbing problem" has the meaning given to "domestic or other nondistribution system plumbing problem" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(52) "DPD" means N-N-diethyl-p-phenylenediamine;

(53) "drinking water" means water that is provided for human consumption;

(54) "emergency" means an unforeseen event that causes damage to or disrupts normal operations of a public water system and requires immediate action to protect public health and safety;

(55) "engineering plans" means a set of plans signed, sealed, and dated by a registered engineer;

(56) "EPA" means the United States Environmental Protection Agency;

(57) "fecal indicator" means microbes whose presence indicates that the water may be contaminated with human or animal wastes;

(58) "fill-and-draw system" means a water system where the storage tanks are filled with treated water on an intermittent basis, while water is drawn as needed from the storage tanks;

(59) "filtration" means a process to remove particulate matter from water by passage through porous media;

(60) "finished water" has the meaning given to "finished water" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(61) "flocculation" has the meaning given to "flocculation" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(62) "free chlorine" means the amount of chlorine available as dissolved gas, hypochlorous acid, or hypochlorite ion that is not combined with an amine or other organic compound;

(63) "gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample; "gross alpha particle activity" includes the radioactivity of radium-226; "gross alpha particle activity" does not include the radioactivity of radon and uranium;

(64) "gross beta particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample;

(65) "groundwater" means water beneath the surface of the ground; "groundwater" does not include GWUDISW;

(66) "groundwater system" means a public water system that uses only groundwater as source water;

(67) "GWUDISW", or "groundwater under the direct influence of surface water," has the meaning given to "groundwater under the direct influence of surface water (GWUDI)" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(68) "heterotrophic plate count" or "HPC" means the procedure for estimating the number of live heterotrophic bacteria in a water sample;

(69) "holding tank" has the meaning given to "holding tank" in 18 AAC 72.990;

(70) "holding time" means the time elapsed from the time a water sample is gathered into the sample bottle until it is analyzed;

(71) "human consumption" means the use of water for drinking, bathing, showering, cooking, dishwashing, maintaining oral hygiene, and other similar uses;

(72) "infiltration gallery" means a system

(A) of perforated pipes, cribbed pits, or similar collection devices that are laid along the banks or under the bed of a stream, lake, or other surface waterbody; and

(B) that is installed to collect water from the formation beneath or adjacent to the waterbody;

(73) "initial compliance period" has the meaning given to "initial compliance period" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(74) "innovative technology or device" means water system technology that is new, non-conventional, alternative, or untested in this state; "innovative technology or device" includes technology related to

(A) disinfection and inactivation methods;

(B) removal of pathogens;

(D) turbidity reduction;

(E) storage tank materials; and

(F) computer models for water treatment;

(75) "inspection" means an onsite review by an individual approved by the department to determine compliance with this chapter;

(76) "install" means to construct or fabricate components necessary to create a public water system or a portion of a public water system; installation may be done by the owner or an individual who is contracted to do the work for the owner;

(77) "Level 1 assessment" has the meaning given to "Level 1 assessment" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(78) "Level 2 assessment" has the meaning given to "Level 2 assessment" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(79) "master meter" means a water meter or a system of water meters that measures both instantaneous and total flow of water for a public water system;

(80) "maximum contaminant level" or "MCL" means the maximum permissible level of a contaminant in water that is delivered to a user of a public water system;

(81) "maximum residual disinfectant level" or "MRDL" means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects;

(82) "method detection limit" has the meaning given in Appendix C of the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, adopted by reference in 18 AAC 80.010(b);

(83) "method reporting limit" has the meaning given in Appendix C of the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, adopted by reference in 18 AAC 80.010(b);

(84) "microbial contaminant" means a living organism that is in water, that is not visible individually without a microscope, and that, in sufficient quantity, makes the water unsafe for human consumption; "microbial contaminants" include bacteria, viruses and parasites such as Cryptosporidium parvum;

(85) "MIL" means Military Standards and Specifications;

(86) "monthly average" means the result obtained by dividing the sum of the result of sample analyses taken in a month by the number of samples taken during that month;

(87) "near the first service connection" has the meaning given to "near the first service connection" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(88) "new community water system" means

(A) a community water system that is constructed after October 1, 1999;

(B) a community water system that has not received a public water system identification number under 18 AAC 80.210(c)(3) as of October 1, 1999; or

(C) an existing water system other than a community water system, if as a result of expanding its infrastructure, the system falls within the definition of a community water system;

(89) "new non-transient non-community water system" means

(A) a non-transient non-community water system that is constructed after October 1, 1999;

(B) a non-transient non-community water system that has not received a public water system identification number under 18 AAC 80.210(c)(3) as of October 1, 1999; or

(C) an existing water system other than a non-transient non-community water system, if as a result of expanding its infrastructure, the system falls within the definition of a non-transient non-community water system;

(90) "new transient non-community water system" means

(A) a transient non-community water system that is constructed after October 1, 1999;

(B) a transient non-community water system that has not received a public water system identification number under 18 AAC 80.210(c)(3) as of October 1, 1999; or

(C) an existing water system other than a transient non-community water system, if as a result of expanding its infrastructure, the system falls within the definition of a transient non-community water system;

(91) "non-community water system" means a public water system that is not a community water system; a non-community water system is either a non-transient non-community water system or a transient non-community water system;

(92) "nonresidential," with respect to buildings, means occupied by an individual, but not as that individual's primary place of abode;

(93) "non-transient non-community water system" means a public water system that is not a community water system and that regularly serves at least 25 of the same individuals over six months per year;

(94) "NSF" means NSF International, also known as the National Sanitation Foundation;

(95) "NTU" means nephelometric turbidity unit;

(96) "operator" means a person engaged in the operation of a public water system; "operator" does not ordinarily mean an official, such as the city engineer or public works superintendent, exercising only general administrative supervision;

(97) "organic drilling fluid" means a synthetic polymer drilling fluid that is not specifically designed for use in the potable water well drilling industry;

(98) "owner" means a person who owns a public water system;

(99) "person" has the meaning given to "person" in AS 46.03.900;

(100) "pilot" means serving as an experimental trial apparatus or operation in which processes or techniques planned for use in full-scale operation are tested in advance;

(101) "pilot plant study" means an evaluation, on a scale larger than laboratory or bench scale but smaller than full scale, of the amenability of drinking water to treatment with the proposed method, operation, or process;

(102) "pit privy" has the meaning given to "pit privy" in 18 AAC 72.990;

(103) "point-of-entry treatment device" means a water treatment device that is located where water enters a building and before the point of use, and is for the purpose of reducing contaminants in the drinking water distributed throughout that building;

(104) "point-of-use treatment device" means a water treatment device applied to a single tap and used for the purpose of reducing contaminants in drinking water at that one tap;

(105) "pollution" has the meaning given to "pollution" in AS 46.03.900;

(106) "potable water system" means a source of water, intake works, collection system, water treatment works, storage facility, or distribution system from which water is available for human consumption;

(107) "practical quantitation limit" has the meaning given to "method reporting limit" in this subsection;

(108) "private sewer line" has the meaning given to "private sewer line" in 18 AAC 72.990;

(109) "private water line" means a line, pipe, or conduit used to carry water as part of a private water system;

(110) "private water system" means a potable water system that is not a public water system;

(111) "professional geologist" means a geologist certified under AS 08.02.011;

(112) "proficiency testing sample" has the meaning given to "proficiency testing sample" in Appendix C of the Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and Procedures, Quality Assurance, adopted by reference in 18 AAC 80.010(b);

(113) "public utility" has the meaning given to "public utility" in AS 42.05.990;

(114) "public water system"

(A) means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year;

(B) is either a community water system or a non-community water system;

(i) a collection, treatment, storage, or distribution facility, including a water haul vehicle, under control of the operator of the system and used primarily in connection with the system; and

(ii) a collection or pretreatment storage facility not under control of the system operator that is used primarily in connection with the system;

(D) does not include a private water system;

(115) "quality assurance" means ensuring that analytical data is of a known and documented degree of excellence; "quality assurance" covers the general areas of accuracy, completeness, representativeness, and comparability of data;

(116) "quality assurance plan" means a totally integrated program for quality assurance, ensuring reliability of measurement data;

(117) "quarter" or "quarterly" means January through March, April through June, July through September, or October through December;

(118) "rain catchment system" means a public water system for which the primary source of drinking water is precipitation caught by a manmade device;

(119) "record drawings" means the original plans prepared for construction and department approval, revised to reflect how the system was constructed or installed;

(120) "regional health corporation" means a federally recognized corporation under 25 U.S.C. 450f that receives federal money for the purpose of providing health care to Alaska Natives;

(121) "registered engineer" means a professional engineer registered to practice in this state under AS 08.48;

(122) "repeat compliance period" has the meaning given to "repeat compliance period" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(123) "repeat sample" means a follow-up sample taken in the same way as a routine sample to confirm the results obtained from a routine sample;

(124) "resident" means an individual occupying a dwelling unit as a primary place of abode;

(125) "residual disinfectant concentration" means the concentration of disinfectant measured in mg/l in a representative sample of water;

(126) "routine maintenance" means activity normally required to maintain the components of a public water system in good working order; "routine maintenance" includes the replacement of 40 feet or less of pipe, a valve, a hydro-pneumatic tank, or an in-kind replacement of a pump; "routine maintenance" does not include changes that affect the system's configuration, material, treatment, or capacity;

(127) "routine sample" means a sample required by 18 AAC 80.300 - 18 AAC 80.355, 18 AAC 80.405, or 18 AAC 80.500 - 18 AAC 80.505;

(128) "sampling site" means a location identified within a public water system where a water sample is collected for analysis;

(129) "sanitary defect" has the meaning given to "sanitary defect" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(130) "sanitary seal" means a device that

(A) is attached to the top of a well casing or pipe sleeve;

(B) prevents insects, dirt, or water or other liquid from entering the well under normal conditions; and

(131) "sanitary survey"

(A) means a review consisting of

(i) an onsite inspection and review of the water source, treatment, the distribution system, finished water storage, each pump and pump facility and controls, monitoring, reporting, data verification, and management and operation of a public water system to evaluate the adequacy of the source, facilities, equipment, operation, and maintenance for producing and distributing safe drinking water; and

(ii) a review of operator compliance with 18 AAC 74 and this chapter; and

(B) includes writing, signing, and submitting the completed report to the department and owner;

(132) "sealed" means prepared by a registered engineer or an individual under that engineer's direct supervision, and bearing the signature and seal of that engineer as required by AS 08.48.221 and 12 AAC 36.185;

(133) "seasonal system" has the meaning given to "seasonal system" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(134) "sedimentation" has the meaning given to "sedimentation" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(135) "septic tank" has the meaning given to "septic tank" in 18 AAC 72.990;

(136) "serve" means to cause or allow the provision of water for human consumption;

(137) "service connection" means a single building or structure that receives water for human consumption from a public water system; "service connection" includes a residence, school, hospital, clinic, office, restaurant, gas station, hotel, motel, washeteria, RV connection, or watering point; "service connection" does not include mobile facilities; for purposes of this paragraph, "mobile facilities" includes planes and boats;

(138) "service line" means the pipe works that extend from a water distribution main line to a single service connection;

(139) "sewer" or "sewer line" has the meaning given to "sewer" or "sewer line" in 18 AAC 72.990;

(140) "sewerage" has the meaning given to "sewerage" in 18 AAC 72.990;

(141) "significant deficiency" means a defect, including a failure or malfunction, in a public water system's source, design, treatment, storage, distribution, operation, management, maintenance, or security, that the department determines to be causing, or to have potential to cause, contamination of water delivered to consumers or any other risk to public health or safety;

(142) "slow sand filtration" has the meaning given to "slow sand filtration" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(143) "soil absorption system" has the meaning given to "soil absorption system" in 18 AAC 72.990;

(144) "surface water" means water that is open to the atmosphere and subject to surface runoff;

(145) "surface water system" means a public water system that uses surface water for a source;

(146) "too numerous to count" has the meaning given to "too numerous to count" in 40 C.F.R. 141.2, adopted by reference in 18 AAC 80.010(a);

(147) "total chlorine" means the total concentration of chlorine in water, including the combined chlorine and the free chlorine that are present in water;

(148) "transient non-community water system" means a non-community water system that serves at least 25 individuals daily for 60 or more days per year, but does not regularly serve a daily average of at least 25 of the same individuals for more than six months per year;

(149) "treatment technique requirement" means a requirement in this chapter that specifies, for a contaminant, a treatment technique or a process that leads to a reduction in the level of a contaminant sufficient to comply with the requirements of this chapter;

(150) "UL" means Underwriters Laboratories;

(151) "unusual and unpredictable circumstances" means events with a low probability of occurrence;

(152) "utilidor" means an enclosure constructed above ground or below ground that contains one or more water lines, sewer lines, or other utilities and that provides access for their installation and maintenance;

(153) "vault privy" has the meaning given to "vault privy" in 18 AAC 72.990;

(154) "virus" means a virus of fecal origin that is infectious to humans by waterborne transmission;

(155) "volatile organic chemical" or "VOC" means a carbon-based compound with the property of escaping easily from water into the air;

(156) "waiver review area" means the area around a water source that is evaluated for activities that may use, store, or dispose of synthetic organic chemicals and other organic chemicals;

(157) "wastewater" has the meaning given to "wastewater" in 18 AAC 72.990;

(158) "wastewater disposal system" has the meaning given to "domestic wastewater disposal system" or "nondomestic wastewater disposal system," as appropriate for the context, both defined in 18 AAC 72.990;

(159) "wastewater treatment works" has the meaning given to "domestic wastewater treatment works" or "nondomestic wastewater treatment works," as appropriate for the context, both defined in 18 AAC 72.990;

(160) "water hauler" means a public water system that consists of one or more vehicles that are owned by the same person and used to distribute potable water; "water hauler" does not include vehicles owned or operated solely by a public water system as part of its collection or distribution system;

(161) "water distribution main" means a line, pipe, or conduit used to distribute potable water as part of a public water system; "water distribution main" includes trunks, branches, and laterals, and lines used to fill vehicles used to distribute potable water but does not include private water lines or service lines;

(162) "water line" means a pipe or conduit used to carry water as part of a public water system; "water line" includes a water distribution main but does not include private water lines or service lines;

(163) "water treatment works" means the structure and appurtenances, including chemical feeders, coagulation and sedimentation tanks, filtration devices, ion exchange apparatus, aeration tanks, or other works, used to condition, purify, or refine water for human consumption;

(164) "waterborne disease outbreak" means a significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system that is deficient in treatment;

(165) "watering point" means a common tap from which a community gets potable water;

(166) "well" means an excavation, opening, shaft, or hole from which water can be extracted;

(167) "well log" means a written report that includes the information under 11 AAC 93.140(a)(1) - (18), and under 18 AAC 80.210(h);

(168) "working day" means a day other than Saturday, Sunday, or a state holiday;

(169) "drain" has the meaning given in 18 AAC 72.990;

(170) "sewer main" has the meaning given in 18 AAC 72.990;

(171) "sewer service line" has the meaning given in 18 AAC 72.990.

(172) "limited alternative to filtration" means the alternative to 40 C.F.R. 141.71 permitted under 42 U.S.C. 300g-1(b)(7)(C)(v) that ensures greater removal or inactivation efficiencies of pathogenic organisms than would be achieved by the combination of filtration and chlorine disinfection;

(173) "turbidity event" means a series of consecutive days during which at least one turbidity measurement each day exceeds 5 NTU.

(b) In this chapter,

(1) "mg/l" means milligrams per liter and equals parts per million;

(2) "ml" means milliter;

(3) "mm" means millimeter;

(4) "mrem" means millirems;

(5) "µg/l" means micrograms per liter, and equals parts per billion;

(6) "µm" means micrometer;

(7) "pCi/l" means picocuries per liter;

(8) "<=" means less than or equal to;

(9) ">=" means greater than or equal to;

(10) "S" means the sum of.

Chapter 83 Alaska Pollutant Discharge Elimination System Program

Article 1 Purpose, Applicability, and Term

18 AAC 83.005 Purpose, scope, and applicability of Alaska Pollutant Discharge Elimination System (APDES) program

(a) The purpose of this chapter, 18 AAC 83.005 - 18 AAC 83.990, is to implement the Alaska Pollutant Discharge Elimination System (APDES) point source wastewater discharge program in a manner that meets the purposes of AS 46.03 and in accordance with 33 U.S.C. 1342 (Clean Water Act, sec. 402) and the requirements adopted by reference at 18 AAC 83.010.

(b) The permit requirements and standards established and adopted in this chapter apply to the discharge of pollutants from any point source into waters of the United States.

(c) The state's administration of the APDES program and the requirements and standards adopted in this chapter will apply after the date the commissioner certifies to the lieutenant governor that the United States Environmental Protection Agency has approved, under 33 U.S.C. 1342(b), the state's administration of the APDES program.

(d) This chapter does not apply to the use or disposal of sewage sludge when that use or disposal is regulated under 40 C.F.R. Part 503, as revised as of July 1, 2006.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.010 Requirements, guidelines, and policy documents adopted by reference

(a) The provisions of 40 C.F.R. 2.208 (Substantive Criteria for Use in Confidentiality Determinations), as revised as of July 1, 2005, are adopted by reference.

(b) The following provisions of 40 C.F.R. Part 122 (EPA Administered Permit Programs: The National Pollutant Discharge Elimination System), as revised as of July 1, 2006, are adopted by reference:

(1) 40 C.F.R. 122.23 (Concentrated Animal Feeding Operations);

(2) 40 C.F.R. 122.25 (Aquaculture Projects);

(3) 40 C.F.R. 122.26 (Storm Water Discharges);

(4) 40 C.F.R. 122.29(d) (Effect of Compliance with New Source Performance Standards);

(5) 40 C.F.R. 122.30 - 40 C.F.R. 122.37 (Requirements and Guidance for Small Municipal Separate Storm Sewer Systems);

(6) 40 C.F.R. 122.42(e) (Additional Conditions Applicable to NPDES Permits for Concentrated Animal Feeding Operations);

(7) Appendix A to 40 C.F.R. Part 122 (NPDES Primary Industry Categories);

(8) Appendix C to 40 C.F.R. Part 122 (Criteria for Determining a Concentrated Aquatic Animal Production Facility);

(9) Appendix D to 40 C.F.R. Part 122 (NPDES Permit Application Testing Requirements);

(10) Appendix J to 40 C.F.R. Part 122 (NPDES Permit Testing Requirements for Publicly Owned Treatment Works).

(c) The following provisions of 40 C.F.R. Part 125 (Criteria and Standards for the National Pollutant Discharge Elimination System), as revised as of July 1, 2006, are adopted by reference:

(1) Subpart A (40 C.F.R. 125.1 - 40 C.F.R. 125.3; Criteria and Standards for Imposing Technology-Based Treatment Requirements);

(2) Subpart B (40 C.F.R. 125.10 - 40 C.F.R. 125.11; Criteria for Issuance of Permits to Aquaculture Projects);

(3) Subpart D (40 C.F.R. 125.30 - 40 C.F.R. 125.32; Criteria and Standards for Determining Fundamentally Different Factors);

(4) Subpart G (40 C.F.R. 125.56 - 40 C.F.R. 125.68; Criteria for Modifying Secondary Treatment Requirements);

(5) Subpart H (40 C.F.R. 125.70 - 40 C.F.R. 125.73; Criteria for Determining Alternative Effluent Limitations);

(6) Subpart I (40 C.F.R. 125.80 - 40 C.F.R. 125.89; Requirements Applicable to Cooling Water Intake Structures for New Facilities);

(7) Subpart J (40 C.F.R. 125.90 - 40 C.F.R. 125.99; Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities);

(8) Subpart M (40 C.F.R. 125.120 - 40 C.F.R. 125.124; Ocean Discharge Criteria);

(9) Subpart N (40 C.F.R. Part 125.130 - 40 C.F.R. 125.139; Requirements Applicable to Cooling Water Intake Structures for New Offshore Oil and Gas Extraction Facilities Under Section 316(b) of the Act).

(d) The provisions of 40 C.F.R. Part 129, Subpart A (40 C.F.R. 129.1 - 40 C.F.R. 129.105; Toxic Pollutant Effluent Standards and Prohibitions), as revised as of July 1, 2006, are adopted by reference.

(e) The provisions of 40 C.F.R. Part 133 (Secondary Treatment Regulation), as revised as of July 1, 2006, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants), revised as of July 1, 2021, are adopted by reference.

(g) The following provisions of Subchapter N (40 C.F.R. Part 400 - 40 C.F.R. Part 471; Effluent Standards) are adopted by reference:

(1) 40 C.F.R. Part 401 (General Provisions), as revised as of July 1, 2024;

(2) 40 C.F.R. 403.1 - 40 C.F.R. 403.18 (General Pretreatment Regulations for Existing and New Sources of Pollution) and Appendices D, E, and G, as revised as of July 1, 2024;

(3) 40 C.F.R. Part 405 - 40 C.F.R. Part 471, containing industry sector effluent limitations and guidelines, as revised as of July 1, 2024.

(h) The EPA's Combined Sewer Overflow Control Policy of April 19, 1994, published at 59 Fed. Reg. 18688, is adopted by reference.

(i) Unless the context in which a term is used clearly requires a different meaning, terms in the provisions adopted by reference in (a) - (h) of this section have the following meanings:

(1) "director" means "Department of Environmental Conservation";

(2) "Environmental Protection Agency" or "EPA" means "Department of Environmental Conservation";

(3) "regional administrator" or "administrator" means "Department of Environmental Conservation".

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 10/23/2008, Register 188; am 2/19/2016, Register 217; am 4/26/2024, Register 250; am 8/13/2025, Register 255

18 AAC 83.015 Duty to obtain a permit; exclusions and prohibitions

(a) A person may not discharge pollutants from any point source into waters of the United States in the state without first obtaining an APDES permit from the department, unless the discharge is excluded from APDES permit requirements under (b) of this section or the discharge is authorized by an APDES or NPDES permit that continues in effect under 18 AAC 83.155.

(b) The following discharges do not require an APDES permit under this chapter, but are subject to any applicable waste disposal permit requirements of AS 46.03.100, or any other state authorization:

(1) any discharge of sewage from a vessel, effluent from a properly functioning marine engine, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel as that term is defined in AS 46.03.826(14); however, this exclusion does not apply to

(A) rubbish, trash, garbage, or other materials discharged overboard, or

(B) other discharges when the vessel is operating in a capacity other than as a means of transportation, including when the vessel is

(i) used as an energy or mining facility, a storage facility, or a seafood processing facility;

(ii) secured to a storage facility or a seafood processing facility; or

(iii) secured to the bed of the ocean, contiguous zone, or waters of the United States for the purpose of mineral or oil exploration or development;

(2) any discharge of dredged or fill material into waters of the United States that is regulated under 33 U.S.C. 1344 (Clean Water Act, sec. 404);

(3) the introduction of sewage, industrial wastes, or other pollutants into publicly owned treatment works (POTWs) by an indirect discharger; however, this exclusion does not apply to an indirect discharger defined as a significant industrial user under 40 C.F.R. Part 403, adopted by reference in 18 AAC 83.010, if the indirect discharge is or will be a POTW without an approved pretreatment program; the department will provide an opportunity for any POTW that may receive indirect discharges from a significant industrial user to comment on the significant industrial user's permit;

(4) any discharge in compliance with the instructions of an on-scene coordinator under 40 C.F.R. Part 300 (The National Oil and Hazardous Substances Pollution Contingency Plan), as revised as of July 1, 2006, or 33 C.F.R. Part 153 (Control of Pollution by Oil and Hazardous Substances, Discharge Removal), as revised as of July 1, 2006;

(5) any introduction of pollutants from non-point source agricultural and silvicultural activities, including storm water runoff from orchards, cultivated crops, pastures, range lands, and forest lands; however, this exclusion does not apply to discharges from concentrated animal feeding operations, discharges from concentrated aquatic animal production facilities, discharges to aquaculture projects, and discharges from silvicultural point sources;

(6) any return flow from irrigated agriculture;

(7) any discharge into a privately owned treatment works, unless the department otherwise requires under 18 AAC 83.485;

(8) any discharge of a pollutant from a POTW into marine waters where the discharger has been granted a waiver under 33 U.S.C. 1311(h).

(1) unless the conditions of the permit provide for compliance with the applicable requirements of 33 U.S.C. 1251 - 1387 (Clean Water Act) and this chapter;

(2) when the regional administrator has objected to issuance of the permit;

(3) when the department cannot impose conditions that ensure compliance with the applicable water quality requirements of all affected states;

(4) when, in the judgment of the United States Army Corps of Engineers, anchorage and navigation in or on any of the waters of the United States would be substantially impaired by the discharge;

(5) of any radiological, chemical, or biological warfare agent or high-level radioactive waste;

(6) that is inconsistent with a plan or plan amendment approved under 33 U.S.C. 1288(b);

(7) to the territorial sea, the waters of the contiguous zone, or the oceans,

(A) before the EPA promulgates guidelines under 33 U.S.C. 1343 for determining degradation of the waters of the territorial seas, the contiguous zone, and the oceans, unless the department determines that it is in the public interest to issue a permit; or

(B) after the EPA promulgates guidelines under 33 U.S.C. 1343, if the department has insufficient information to make a reasonable judgment whether the discharge complies with the EPA guidelines;

(8) to a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards; however,

(A) when an owner or operator of a new source or new discharger proposes to discharge into a water segment

(i) that does not meet applicable water quality standards or that is not expected to meet those standards even after application of the effluent limitations required by 33 U.S.C. 1311(b)(1)(A); and

(ii) for which the state or interstate agency has performed a pollutants load allocation for the pollutant to be discharged;

(B) the department will provide an opportunity before the close of the public comment period for that owner or operator to demonstrate that

(i) there are sufficient remaining pollutant load allocations to allow for the discharge; and

(ii) the existing dischargers into that segment are subject to compliance schedules designed to bring the segment into compliance with applicable water quality standards;

(C) the department may waive the submission of information required by (c)(8)(B) of this section if the department determines that the department already has adequate information to evaluate the request;

(D) the department must include an explanation of the development of limitations to meet the criteria of (c)(8)(B) of this section in the fact sheet to the permit under 18 AAC 83.115; or

(9) of any pollutant to waters of the United States located in Denali National Park and Preserve.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 10/23/2008, Register 188

18 AAC 83.020 Term of permit

(a) An APDES permit is effective for a fixed term that must be listed in the permit and must not exceed five years. The department may issue a permit for a term of five years or any shorter period. Except as provided in 18 AAC 83.155(c) for the administrative continuance of expiring permits, the department will not extend the term of a permit by modification beyond the maximum duration specified in this section.

(b) The department may issue a permit to expire on or after the statutory deadline set in 33 U.S.C. 1311(b)(2)(A), (C), and (E) if the permit includes effluent limitations to meet the requirements of 33 U.S.C. 1311(b)(2)(A), (C), (D), (E), and (F), whether or not the EPA has promulgated or approved applicable effluent limitations guidelines.

(c) If the department determines that a discharger falls within an industrial category for the purpose of setting a permit expiration date under (b) of this section, that determination does not establish the discharger's industrial category for any other purpose, and does not foreclose either the discharger or the department from a different industrial category determination when a permit is formulated.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

Article 2 Permit Process

18 AAC 83.105 Duty to apply and reapply for a permit

(a) Any person who discharges or proposes to discharge a pollutant and who does not have a permit in effect, shall submit a complete APDES permit application to the department in compliance with this chapter, unless the discharge or proposed discharge is covered by one or more general permits, or excluded under 18 AAC 83.015 from APDES permit requirements, or unless the person is a user of a privately owned treatment works and the department, under 18 AAC 83.485, does not otherwise require the person to apply for a permit. A concentrated animal feeding operation shall seek coverage under an APDES permit, as described in 40 C.F.R. 122.23, adopted by reference in 18 AAC 83.010.

(b) A publicly owned treatment works (POTW) or any other permittee with a currently effective permit shall reapply by submitting a new application at least 180 days before the existing permit expires, unless the department has granted the permittee permission to submit an application on a later date; however, the department will not grant permission for an application to be submitted after the expiration date of the existing permit;

(c) When a facility or activity is owned by one person but operated by another person, it is the operator's duty to obtain a permit.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.110 Permit application process and timing; completeness

(a) Any person required to obtain a permit under the APDES program shall submit to the department a complete application for a permit in compliance with the requirements of this chapter. For an APDES general permit, an application is not required but a notice of intent must be submitted as set out in 18 AAC 83.210(b). A permit application must be signed and certified as required by 18 AAC 83.385.

(b) An applicant must submit an application on one or more department-approved forms appropriate to the number and types of discharges or outfalls at the applicant's facility, as provided in 18 AAC 83.305(a).

(c) A person proposing a new discharge shall submit an application at least 180 days before the date on which the discharge is to commence, unless the department has granted permission to submit the application on a later date. A facility proposing a new discharge of storm water associated with industrial activity shall submit an application 180 days before that facility commences industrial activity that may result in a discharge of storm water associated with that industria1 activity, unless the department has granted permission to submit the application on a later date. A storm water discharge facility described under 40 C.F.R. 122.26(b)(14)(x) or (b)(15)(i), adopted by reference in 18 AAC 83.010, shall submit an application at least 90 days before the date on which construction is to commence, unless otherwise required by the terms of an applicable general permit.

(d) Except for a general permit, the department will not issue an APDES permit before receiving a complete application for the permit. An application for a permit is complete when the permit fee required under 18 AAC 83.905 is paid and the department, in its sole discretion, determines that the application form and any supplemental information are satisfactory. The department shall judge the completeness of any application for a permit independently of any other permit application or permit for the same facility or activity. Within 30 days after receiving an application, the department will notify an applicant if the application is complete for purposes of this section or 18 AAC 83.155(c)(1). Notification that an application is complete does not preclude the department from requiring the applicant to submit additional information for the department's use in processing the application. The department will not consider a permit application to be complete if the department waived application requirements under 18 AAC 83.330(b) and the EPA has disapproved the waiver. If a person required to reapply for a permit submits a waiver request to the EPA more than 210 days before an existing permit expires, and the EPA does not disapprove the waiver request 181 days before the permit expires, the department will consider the permit application to be complete without the information that is the subject of the waiver request.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.115 Draft permit, fact sheet, and applicant review

(a) After receiving a complete application, the department will tentatively decide to issue an APDES permit or to deny the application. If the department tentatively decides to issue an APDES permit, the department will prepare a draft permit. A draft permit must contain the following information:

(1) all conditions established under 18 AAC 83.405;

(2) all conditions established under 18 AAC 83.425;

(3) all monitoring requirements established under 18 AAC 83.455;

(4) schedules of compliance established under 18 AAC 83.560;

(5) effluent limitations, standards and prohibitions, and conditions under 18 AAC 83.430, 18 AAC 83.510, 18 AAC 83.610, and any variances that are approved.

(b) A fact sheet containing the information required in (c) of this section must accompany the draft permit prepared for

(1) a major APDES facility or activity;

(2) an APDES general permit;

(3) a permit that incorporates a variance or requires an explanation under (c)(9) of this section;

(4) a permit that includes a sewage sludge land application plan under 40 C.F.R. 501.15(a)(2)(ix), as revised as of July 1, 2005; and

(5) a permit that the department finds is the subject of wide-spread public interest or raises major issues.

(c) A fact sheet must briefly set out the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit and must include, if applicable, the following information:

(1) a brief description of the type of facility or activity that is the subject of the draft permit;

(2) the type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

(3) a brief summary of the basis for the draft permit conditions, including references to applicable statutes or regulations and appropriate supporting references to the administrative record;

(4) reasons for the department's tentative decision on any requested variances or alternatives to required standards;

(5) a description of the procedures for reaching a final decision on the draft permit, including

(A) the beginning and ending dates of the comment period under 18 AAC 83.120(b) and the address where comments should be submitted;

(B) the procedure for requesting a hearing and the nature of that hearing; and

(6) the name and telephone number of a person to contact for additional information;

(7) the justification for waiver of any application requirements under 18 AAC 83.330;

(8) any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions, including a citation to the applicable effluent limitation guideline or performance standard as required by 18 AAC 83.430, and reasons why the effluent limitations and conditions are applicable, or an explanation of how any alternate effluent limitation was developed;

(9) if applicable, an explanation of why the draft permit contains the following conditions or waivers:

(A) limitations to control toxic pollutants under 18 AAC 83.440;

(B) limitations on internal waste streams under 18 AAC 83.550;

(D) limitations established on a case-by-case basis under 40 C.F.R. 125.3(c)(2) or (c)(3), adopted by reference in 18 AAC 83.010, or under 33 U.S.C. 1345(d)(4);

(E) limitations to meet the criteria for permit issuance under 18 AAC 83.015(c)(8); or

(F) waivers from monitoring requirements granted under 18 AAC 83.430(b);

(10) for a draft permit for a treatment works owned by a person other than a state or municipality, an explanation of the department's decision on regulation of users under 18 AAC 83.485;

(11) if appropriate, a sketch or detailed description of the location of the discharge or regulated activity described in the application.

(d) The department will send the fact sheet to the applicant and, on request, to any other person.

(e) Before giving public notice of a draft individual APDES permit under AS 46.03.110 and 18 AAC 83.120, the department will provide a copy of the preliminary draft permit and draft fact sheet to the applicant for review. The department will give the applicant at least 10 days, not including the weekend or state holidays, to provide written and oral comments, to propose amendments, or to discuss the preliminary draft permit with the department before the draft permit undergoes public notice and comment under AS 46.03.110 and 18 AAC 83.120. The applicant may by written notice to the department waive the applicant's right to review and comment on the preliminary draft permit and draft fact sheet or agree to a shortened period for that review and comment.

(f) Before giving public notice of a draft general APDES permit under AS 46.03.110 and 18 AAC 83.120, the department will post the preliminary draft general permit on the Alaska Online Public Notice System (AS 44.62.175) for at least 10 days, not including the weekend or state holidays, for potential permittees to provide written and oral comments, to propose amendments, and to discuss the preliminary draft permit with the department before the draft permit undergoes public notice and comment under AS 46.03.110 and 18 AAC 83.120.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.120 Public notice and comment; hearing on permit; issuance of final permit

(a) The department will give notice to the public that a draft permit has been prepared under 18 AAC 83.115, and whether a hearing is scheduled. A public notice may describe more than one permit or permit action.

(b) In a public notice, the department will allow at least 30 days for public comment on the draft permit, and will give at least 30 days notice before the hearing. Notice of the draft permit and the hearing may be combined and given at the same time.

(c) Public notice of the preparation of a draft permit and any hearing on the draft permit must be given by the following methods:

(1) by mailing a copy of the notice to the following persons, unless any person entitled to receive notice under this paragraph waives that person's right to receive notice for any classes and categories of permits:

(A) the applicant, unless there is no applicant for an APDES general permit;

(B) any other agency that the department knows has issued or is required to issue a permit for the same facility or activity under the following laws and programs:

(i) Resource Conservation and Recovery Act, 42 U.S.C. 6921 - 6939e;

(ii) Underground Injection Control Program, 42 U.S.C. 300f - 300j-26;

(iii) Clean Air Act, 42 U.S.C. 7401 - 7671q;

(iv) National Pollutant Discharge Elimination System Program, 33 U.S.C. 1342;

(v) Sludge Management Program, 33 U.S.C. 1345;

(vi) Dredge and Fill Permit Program, 33 U.S.C. 1344; or

(vii) Ocean Dumping Permit Program under the Marine Research Protection and Sanctuaries Act, 33 U.S.C. 1412 - 1414(b);

(C) federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, the federal Advisory Council on Historic Preservation, state historic preservation officers, and any affected Indian tribe;

(D) any state agency responsible for plan development under 33 U.S.C. 1288(b)(2), 33 U.S.C. 1288(b)(4), or 33 U.S.C. 1313(e), and the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and the National Marine Fisheries Service;

(E) any user identified in the permit application of a privately owned treatment works;

(F) persons on a mailing list developed by

(i) recording those who request in writing to be on the list;

(ii) soliciting persons for area lists from participants in past permit proceedings in that area; and

(iii) publishing notice on the department's website and through periodic publication in the local press and in regional and state-funded newsletters, environmental bulletins, state law journals or similar publications, of the opportunity to be on the mailing list; the department may update the mailing list from time to time by requesting written indication of continued interest from those listed, and may delete from the list the name of any person who fails to respond to the department's request;

(G) any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(H) each state agency having any authority under state law with respect to the construction or operation of the facility;

(2) for a major facility permit and a general permit, by publishing a notice in a daily or weekly newspaper within the area affected by the facility or activity;

(3) in a manner constituting legal notice to the public under state law; and

(4) by any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or use of any other forum or media to elicit public participation.

(d) A public notice issued under this section must contain at least the following information:

(1) name and address of the office processing the permit action for which notice is being given and where comments may be submitted;

(2) name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit, except in the case of APDES draft general permits;

(3) a brief description of the business conducted at the facility or activity described in the permit application, or for general permits when there is no application, in the draft permit;

(4) name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, fact sheet, and the application;

(5) a brief description of the comment and hearing procedures required by (h) and ( l) of this section and the time and place of any hearing that will be held; if no hearing has already been scheduled, a statement of procedures to request a hearing and other procedures by which the public may participate in the final permit decision;

(6) a general description of the location of each existing or proposed discharge point and the name of the receiving water;

(7) a description of requirements applicable to cooling water intake structures under 33 U.S.C. 1326(b) in accordance with 40 C.F.R. Part 125, Subparts I, J, and N, adopt by reference in 18 AAC 83.010;

(8) any additional information considered necessary or proper.

(e) In addition to the information required by (d) of this section, the public notice for a draft permit for a discharge for which a request has been filed under 33 U.S.C. 1326(a) must include

(1) a statement that the thermal component of the discharge is subject to effluent limitations under 33 U.S.C. 1311 and 1316, and a brief description, including a quantitative statement, of the thermal effluent limitations proposed under 33 U.S.C. 1311 and 33 U.S.C. 1316;

(2) a statement that a request has been filed under 33 U.S.C. 1326(a), that alternative less stringent effluent limitations may be imposed on the thermal component of the discharge under 33 U.S.C. 1326(a), and a brief description, including a quantitative statement, of the alterative effluent limitations, if any, included in the request; and

(3) if the applicant has filed an early screening request under 40 C.F.R. 125.72, adopted by reference in 18 AAC 83.010, for a variance under 33 U.S.C. 1326(a), a statement that the applicant has submitted that early screening request.

(f) In addition to the general public notice described in (d) of this section, the public notice of a hearing under this section must contain the following information:

(1) reference to the date of previous public notices relating to the permit;

(2) date, time, and place of the hearing;

(3) a brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(g) In addition to the general public notice described in (d) of this section, the department shall provide a copy of the draft permit and fact sheet and the permit application, if any, to all persons identified in (c)(1)(A), (B), (C), and (D) of this section. The department will provide a copy of the draft permit and fact sheet and the permit application, if any, to EPA at the same time public notice on the draft permit is published.

(h) During the public comment period, any interested person may submit written comments on the draft permit and may request a public hearing if no hearing has already been scheduled. A request for a public hearing must be in writing and must state the nature of the issues proposed to be raised in the hearing. The department will consider all comments in making the final decision and will answer the comments as provided in (o) of this section.

(i) If, during the comment period for an APDES draft permit, the district engineer of the United States Army Corps of Engineers advises the department in writing that anchorage and navigation of any of the waters of the United States would be substantially impaired by the granting of a permit, the department will deny the permit and notify the applicant of the denial. If the district engineer advises the department that imposing specified conditions upon the permit is necessary to avoid any substantial impairment of anchorage or navigation, the department will include the specified conditions in the permit. Review or appeal of denial of a permit or of conditions specified by the district engineer must be sought through the applicable procedures of the United States Army Corps of Engineers and not through the state procedures set out in 18 AAC 83.175. If a court of competent jurisdiction stays the conditions or if applicable procedures of the United States Army Corps of Engineers result in a stay of the conditions, those conditions must be considered stayed in the APDES permit for the duration of the stay.

(j) If, during the comment period for an APDES draft permit, the United States Fish and Wildlife Service, the National Marine Fisheries Service, or any other state or federal agency with jurisdiction over fish, wildlife, or public health advises the department in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, or wildlife resources, the department may include the specified conditions in the permit to the extent the department determines they are necessary to comply with the provisions of applicable federal laws.

(k) In appropriate cases, the department may consult with one or more of the agencies referred to in (i) and (j) of this section before issuing a draft permit and may set out agency's view in the fact sheet or the draft permit.

(l) The department will hold a public hearing whenever the department finds, on the basis of requests, a significant degree of public interest in a draft permit. The department may also hold a public hearing if a hearing might clarify one or more issues involved in the permit decision or for other good reason in the department's discretion.

(m) Before issuing a final individual APDES permit, the department will provide a copy of the proposed final permit and draft response to comments to the permit applicant for review. The department will concurrently provide a copy of the proposed final permit and draft response to comments to EPA, unless EPA has previously waived its right to review the proposed final permit. The department will give the applicant at least five days, not including the weekend or state holidays, to review and discuss the proposed final permit with the department. The applicant may by written notice to the department waive the applicant's right to review and discuss the proposed final permit with the department or agree to a shortened period for that review and discussion. At the time the department provides a copy of the proposed final permit to the applicant under this subsection, the department will also make the proposed final permit available to the public.

(n) Before issuing a final general APDES permit, the department will post a copy of the general permit on the Alaska Online Public Notice System for at least five days, not including the weekend or state holidays, for potential permittees to review and discuss the proposed final permit with the department.

(o) The department will transmit to EPA a copy of any significant comments presented in writing in response to the public notice of a draft permit and a summary of any significant comments presented at any hearing on a draft permit in accordance with 40 C.F.R. 123.43(c). When the department issues a final permit, the department will issue a response to comments, which must be available to the public. The response must

(1) specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

(2) briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.

(p) When a fact sheet has been prepared under 18 AAC 83.115(b), the department will issue a revised fact sheet for the final permit, which must include all of the requirements of 18 AAC 83.115(c), and be available to the public. The department will notify EPA that the final permit, revised fact sheet reflecting the final permit, and response to comments are available on the department's web page.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 10/23/2008, Register 188; am 4/8/2012, Register 202

18 AAC 83.125 Permit preparation by third-party contractors or an applicant

(a) The department may enter into an agreement with the permit applicant for the department to select and engage the services of a third-party contractor to prepare the draft permit, fact sheet, proposed final permit, or response to comments. In proceeding with a third-party contractor, the department will

(1) in consultation with the permit applicant, select the contractor based on qualifications and experience and enter into a contract with the selected contractor to provide permit development services;

(2) require the contractor to execute a disclosure statement certifying that the contractor has no financial or other conflicting interest in the outcome of the project;

(3) eliminate a contractor from the selection process or terminate a contract if the department determines, after review, that the contractor may have a conflict of interest in preparing the permits and supporting documents;

(4) in consultation with the permit applicant, develop an agreement that includes the contractor's scope of work, schedule, and costs; and

(5) direct the contractor's performance of the contract.

(b) If the permit applicant develops a preliminary draft, draft or proposed final permit, fact sheet, or draft permit provisions for approval by the department, the department shall independently evaluate the information submitted and verify its completeness and accuracy. The department is not bound to accept a preliminary draft or proposed permit or fact sheet submitted by the permit applicant. After initial review, the department may request additional information from the applicant to evaluate and verify the completeness and accuracy of the preliminary draft, draft or proposed final permit or fact sheet.

(c) At the applicant's request, the department will attempt to reach a negotiated service agreement with the permit applicant to provide the department's regulatory services during the permit development process in accordance with 18 AAC 83.905(c). The terms of the negotiated services agreement may be included in the agreement between the department and the permit applicant described in (a) of this section.

(d) The department has sole authority in verifying the completeness of a permit application and sole authority and responsibility to approve and modify the statements, analyses, and conclusions included in a draft or final permit presented to the department by the contractor or permit applicant, including the fact sheet and response to comments received during the public comment period for a draft permit.

History

Authority: AS 37.10.052; AS 46.03.020; AS 46.03.110 AS 44.46.020; AS 46.03.050 AS 44.46.025; AS 46.03.100
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.130 Procedure to modify, revoke and reissue, or terminate permit

(a) The department may modify, revoke and reissue, or terminate an APDES permit, either at the request of an interested person, including the permittee, or on the department's own initiative, for any reason specified in 18 AAC 83.135 and 18 AAC 83.140. A request to modify, revoke and reissue, or terminate an APDES permit must be in writing and must contain facts or reasons supporting the request.

(b) If the department tentatively decides to modify or revoke and reissue a permit, the department will prepare a draft permit incorporating the proposed changes, and may request additional information. If the tentative decision is to modify a permit, the department may require the permittee to submit an updated application.

(c) If the tentative decision is to revoke and reissue a permit, the department will require the permittee to submit a new application.

(d) The department will follow the procedures in 18 AAC 83.115 and 18 AAC 83.120 in preparing a draft permit under this section.

(e) A permit will not be modified unless the department finds cause to modify under 18 AAC 83.135(b) or cause for a minor modification under 18 AAC 83.145. A permit will not be revoked and reissued unless the department finds cause to revoke and reissue a permit under 18 AAC 83.135(c).

(f) In a permit modification procedure under this section and 18 AAC 83.135(b), only those conditions considered for modification may be reopened when a new draft permit is prepared. All other provisions of the existing permit shall remain in effect for the term of that permit.

(g) In a procedure to revoke and reissue a permit under this section, all provisions in the permit are reopened and subject to revision and the permit is reissued for a new term. During any proceeding to revoke and reissue a permit, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.

(h) A minor modification under 18 AAC 83.145 is not subject to the requirements of this section.

(i) If the department tentatively decides to terminate a permit and the permittee objects, the department shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit subject to 18 AAC 83.115 and 18 AAC 83.120, as provided in (d) of this section. Except as provided in (j) of this section, the department shall follow the applicable procedures in 18 AAC 83.115, and 18 AAC 83.120, and will not terminate any APDES permit unless the department finds cause under 18 AAC 83.140.

(j) The department may terminate a permit by notice to the permittee if the entire discharge is permanently terminated by elimination of the flow or by connection to a POTW, but not by land application or disposal into a well. Termination by notice is effective 30 days after notice is sent, unless the permittee objects within that time. If the permittee objects during that period, the department shall proceed as required by (i) of this section.

(k) A permittee subject to pending state or federal enforcement actions, including citizen suits brought under state or federal law, may not proceed under expedited termination procedures. A permittee requesting expedited permit termination procedures must certify that it is not subject to any pending state or federal enforcement actions, including citizen suits brought under state or federal law.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.135 Cause to modify or revoke and reissue permit

(a) When the department receives any new information, including information received or discovered through a facility inspection, a submittal by the permittee required by the permit, a request to modify or revoke and reissue a permit, or a file review, the department may, in accordance with this section, determine if there is cause to modify or revoke and reissue the permit. If the department finds cause, the department may modify or revoke and reissue the permit in compliance with this section.

(b) Cause to modify a permit, but not to revoke and reissue the permit unless the permittee requests or agrees, includes the following:

(1) a material and substantial alteration or addition to the permitted facility or activity occurred after permit issuance, and the alteration or addition justifies the imposition of permit conditions different from the existing permit;

(2) the department has received new information, other than revised regulations, guidance, or test methods, that was not available at the time of permit issuance, and the new information would have justified the imposition of different permit conditions at the time of issuance; for APDES general permits, cause under this paragraph includes any information indicating that cumulative effects on the environment are unacceptable; for new source or new discharger APDES permits, cause under this paragraph includes any significant information derived from effluent testing required under 18 AAC 83.315(e)(1) or 18 AAC 83.360(c) after issuance of the permit;

(3) the standards or regulations on which the permit was based have been changed by the adoption of amended standards or regulations after the permit was issued; the department will modify a permit under this paragraph only when

(A) the permit condition to be modified was based on a promulgated effluent limitation guideline, EPA-approved or promulgated water quality standards, or the secondary treatment regulations under 40 C.F.R. Part 133, adopted by reference in 18 AAC 83.010;

(B) the EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a state action with regard to a water quality standard on which the permit condition was based; and

(C) a permittee requests the department to modify the permit condition under 18 AAC 83.130 within 90 days after publication of a Federal Register notice of the action on which the request is based;

(4) the standards or regulations on which the permit was based have been changed by judicial decision after the permit was issued; the department will modify a permit under this paragraph only when a court of competent jurisdiction has remanded and stayed EPA-promulgated regulations or effluent limitations guidelines on which the permit condition was based, and a permittee requests the department to modify the permit in accordance with 18 AAC 83.130 within 90 days of the judicial remand;

(5) the department determines good cause exists to modify a compliance schedule; good cause includes an act of God, strike, flood, materials shortage or other event over which the permittee has little or no control and for which there is no reasonably available remedy; however, in no case may an APDES compliance schedule be modified to extend beyond an applicable statutory deadline under 33 U.S.C. 1251 - 1387;

(6) a permittee files a request for a variance under 33 U.S.C. 1311(c), (g), (h), (i), (k), or 33 U.S.C. 1326(a) or based on fundamentally different factors within the time specified in 18 AAC 83.365(b);

(7) the department is required to incorporate an applicable toxic effluent standard or prohibition under 33 U.S.C. 1317(a) in an existing permit;

(8) the reopener conditions in a permit require the department to consider a modification;

(9) a permittee requests modification when that permittee qualifies for effluent limitations on a net basis or when a discharger is no longer eligible for net limitations under 18 AAC 83.545;

(10) a permit modification is necessary under 40 C.F.R. 403.8(e), adopted by reference in 18 AAC 83.010, for development of the pretreatment program using compliance schedules;

(11) a state with an EPA approved program has failed to notify, as required by 33 U.S.C. 1342(b)(3), another state whose waters may be affected by a discharge from the approved state;

(12) when the level of discharge of any pollutant not limited in the permit exceeds the level that can be achieved by the technology-based treatment requirements appropriate to the permittee under 40 C.F.R. 125.3(c), adopted by reference in 18 AAC 83.010;

(13) to establish a notification level as provided in 18 AAC 83.445;

(14) to modify a schedule of compliance to reflect the time lost during construction of an innovative or alternative facility, in the case of a POTW that has received a grant under 33 U.S.C. 1282(a)(3) for 100 percent of the costs to modify or replace facilities constructed with a grant for innovative and alternative wastewater technology under 33 U.S.C. 1282(a)(2), but in no case shall the compliance schedule be modified to extend beyond an applicable statutory deadline for compliance under 33 U.S.C. 1251 - 1387;

(15) for a small municipal separate storm sewer system, to include an effluent limitation requiring implementation of a minimum control measure or measures as specified in 40 C.F.R. 122.34(b), adopted by reference in 18 AAC 83.010, when

(A) the permit does not include a minimum control measure based upon the determination that another entity was responsible for implementation of the requirement; and

(B) the other entity fails to implement measures that satisfy the requirement;

(16) to correct technical mistakes, such as errors in calculation, or mistaken interpretations of law, made in determining permit conditions;

(17) when the discharger has installed the treatment technology considered by the permit writer in setting effluent limitations imposed under 33 U.S.C. 1342(a)(1) and has properly operated and maintained the facilities, but has been unable to achieve those effluent limitations; in that case, the limitations in the modified permit may reflect the level of pollutant control actually achieved, but shall not be less stringent than required by a subsequently promulgated effluent limitation guideline.

(1) circumstances identified as cause for termination under 18 AAC 83.140 exist, and the department determines that it is appropriate to modify or revoke and reissue a permit;

(2) the department has received notification, as required in the permit, of a proposed transfer of the permit.

(d) Under (c)(2) of this section, a permit also may be modified to reflect a transfer after the effective date of an automatic transfer but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.140 Cause to terminate permit

Cause for terminating a permit before the end of its term, or for denying a permit renewal application, includes the following:

(1) the permittee's noncompliance with any condition of the permit;

(2) the permittee's failure to fully disclose all relevant facts in the application or during the permit issuance process, or the permittee's misrepresentation of any relevant fact at any time;

(3) the department's determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination;

(4) a change in any condition, such as closure of a plant or termination of a discharge by connection to a POTW, if the change requires either a temporary or permanent reduction or elimination of any discharge.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.145 Minor modification of permit

(a) With the consent of the permittee, the department may make minor modifications to a permit to make the corrections or allowances for changes in the permitted activity listed in this section, without following the procedures described in 18 AAC 83.115, 18 AAC 83.120, and 18 AAC 83.130. The following constitute minor modifications that the department may make under this section:

(1) correcting any typographical error;

(2) requiring more frequent monitoring or reporting by the permittee;

(3) changing an interim compliance date in a schedule of compliance, if the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

(4) allowing for a change in ownership or operational control of a facility if

(A) a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the department; and

(B) the department determines that no other change in the permit is necessary;

(5) changing the construction schedule for a discharger that is a new source; however, the change must not affect the discharger's obligation to have all pollution control equipment installed and in operation before commencing a discharge from the new source;

(6) making a change in a permit provision that will neither result in allowing an actual or potential increase in the discharge of a pollutant or pollutants into the environment nor result in a reduction in monitoring of a permit's compliance with applicable statutes and regulations;

(7) deleting a point source outfall when the discharge from that outfall is terminated without resulting in a discharge of pollutants from other outfalls except in accordance with permit limits;

(8) incorporating, as enforceable conditions of a POTW's permit, the conditions of a POTW pretreatment program that has been approved in accordance with the procedures in 40 C.F.R. 403.11, adopted by reference in 18 AAC 83.010, or a modification of a POTW pretreatment program that has been approved in accordance with the procedures in 40 C.F.R. 403.18, adopted by reference in 18 AAC 83.010.

(b) any permit modification not qualifying as a minor modification under this section must be made through the draft permit and public notice process as required in 18 AAC 83.115, 18 AAC 83.120, 18 AAC 83.130, and for cause as provided in 18 AAC 83.135.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.150 Transfer of permit

(a) Except as provided in (b) of this section and 18 AAC 83.145(a)(4), a permittee may transfer a permit to a new owner or operator only if the department has modified or revoked and reissued the permit under 18 AAC 83.130.

(b) Notwithstanding (a) of this section, an APDES permit may be automatically transferred if the department does not notify an existing permittee and the proposed new owner or operator of its intent to modify or revoke and reissue the permit, after the current permittee

(1) notifies the department at least 30 days in advance of the proposed transfer date; and

(2) provides a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee.

(c) A transfer under (b) of this section may also be a minor modification under 18 AAC 83.145. If the department does not notify an existing permittee and the proposed new owner or operator of its intent to modify or revoke, the transfer is effective on the date specified in the agreement referred to in (b)(2) of this section.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.155 Effect of permit; continuation of expiring permit; acceptance of federally-issued NPDES permit as state-administered APDES permit

(a) Except for any toxic effluent standards and prohibitions imposed under 33 U.S.C. 1317, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with 33 U.S.C. 1311, 1312, 1316, 1317, 1328, and 1343. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set out in 18 AAC 83.135 and 18 AAC 83.140.

(b) The issuance of a permit does not convey any property rights or any exclusive privilege.

(c) The conditions of an expired permit, whether a federal NPDES permit or a state-issued APDES permit, continue in force until the effective date of a new permit if

(1) the permittee has submitted a timely application for a new permit under 18 AAC 83.110, and the department determines the application is complete under 18 AAC 83.110(d); and

(2) the department, because of time, resource, or other constraints, but through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit.

(d) A permit continued under this section remains fully effective and enforceable.

(e) When the permittee is not in compliance with any condition of the expiring or expired permit, the department may choose to do one or more of the following:

(1) initiate enforcement action based on the permit that has been continued;

(2) issue a notice of intent to deny the new permit; if the permit is denied, the owner or operator must cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

(3) issue a new permit with appropriate conditions;

(4) take other actions authorized by state law.

(f) A federally-issued NPDES permit in effect at the time the EPA gives its approval under 33 U.S.C. 1342(b) of the state's administration of the APDES program serves as the APDES permit required under 18 AAC 83.015, and continues in effect, subject to (c) and (d) of this section until its expiration date.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.120 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.160 Permit variances

(a) Subject to EPA objection under 40 C.F.R. 123.44, as revised as of July 1, 2005, the department may grant or deny requests for the following variances:

(1) extensions under 33 U.S.C. 1311(i), based on delay in completion of a POTW;

(2) extensions under 33 U.S.C. 1311(k), based on the use of innovative technology; however, the department will first consult with the regional administrator; and

(3) variances under 33 U.S.C. 1326(a), for thermal pollution.

(b) The department may deny, or forward to the regional administrator with a written concurrence or without a recommendation, a completed request for a variance based on

(1) the economic capability of the applicant under 33 U.S.C. 1311(c); or

(2) water quality related effluent limitations under 33 U.S.C. 1312(b)(2).

(c) When the department forwards a request for a variance listed in (b) of this section to the EPA, the regional administrator, under 40 C.F.R. 124.62(c), as revised as of July 1, 2005, has authority to deny, forward without recommendation or with a recommendation for approval to the director of the EPA Office of Wastewater Management.

(d) Under 40 C.F.R. 124.62(d), the director of the EPA Office of Wastewater Management has authority to approve or deny any variance request submitted under (c) of this section. If the EPA Office of Wastewater Management director approves the variance, the department may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which the EPA has approved or denied a variance or modification must identify the applicable procedures for appealing that decision under 40 C.F.R. 124.64, as revised as of July 1, 2005.

(e) The department may deny or forward to the administrator or the administrator's delegate with a written concurrence a completed request for a variance based on

(1) the presence of "fundamentally different factors" from those on which an effluent limitations guideline was based; or

(2) certain water quality factors under 33 U.S.C. 1311(g).

(f) Under 40 C.F.R. 124.62(f), the administrator or the administrator's delegate has authority to grant or deny a request for a variance listed in (e) of this section that the department forwards. If the administrator or the administrator's delegate approves the variance, the department may prepare a draft permit incorporating the variance. Any public notice of a draft permit for which the EPA has approved or denied a variance or modification must identify the applicable procedures for appealing that decision under 40 C.F.R. 124.64, as revised as of July 1, 2005.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.165 Proprietary or confidential business information

(a) A permit applicant or permittee may assert a claim of confidentiality for proprietary or confidential business information by stamping the words "confidential business information" on each page of a submission containing proprietary or confidential business information. The department will treat the stamp submission as confidential if the information satisfies the test in 40 C.F.R. 2.208, adopted by reference in 18 AAC 83.010, and is not otherwise required to be made public by state law.

(b) A claim of confidentiality under (a) of this section may not be asserted for the name and address of any permit applicant or permittee, a permit application, a permit, effluent data, sewage sludge data, and information required by APDES or NPDES application forms provided by the department, whether submitted on the forms themselves or in any attachments used to supply information required by the forms.

(c) A permittee's claim of confidentiality authorized in (a) of this section is not waived if the department provides the proprietary or confidential business information to the EPA or to other agencies participating in the permitting process. The department will supply any information obtained or used in the administration of the state APDES program to the EPA upon request under 40 C.F.R. 123.41, as revised as of July 1, 2005. When providing information submitted to the department with a claim of confidentiality to the EPA, the department will notify the EPA of the confidentiality claim. If the department provides the EPA information that is not claimed to be confidential, the EPA may make that information available to the public without further notice.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.170 Board member conflict prohibited

(a) The department will ensure that any board or body that approves all or portions of a permit does not include as a member a person who receives, or has during the previous two years received, a significant portion of income directly or indirectly from permit holders or applicants for a permit.

(b) For the purposes of (a) of this section,

(1) "board or body" includes any individual, including the director, who has or shares authority to approve all or any portion of a permit either in the first instance, as modified or reissued, or on appeal;

(2) "significant portion of income" means 10 percent or more of gross personal income for a calendar year, except that it means 50 percent or more of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving that portion under retirement, pension, or similar arrangement;

(3) "permit holders or applicants for a permit" do not include any department or agency of the state government;

(4) "income" includes retirement benefits, consultant fees, and stock dividends.

(c) For the purposes of (b) of this section, income is not received "directly or indirectly from permit holders or applicants for a permit" when it is derived from mutual fund payments, or from other diversified investments for which the recipient does not know the identity of the primary sources of income.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.175 Appeals

(a) The permit applicant and any person who filed comments on the draft permit, or who both participated in a public hearing on the draft permit and raised the issues that are the subject of the informal review or adjudicatory hearing, may request review of the terms and conditions of a final APDES permit or any denial of an APDES permit application by filing a request for informal review under 18 AAC 15.185 or a request for adjudicatory hearing under 18 AAC 15.200. The provisions of 18 AAC 15.185 and 18 AAC 15.200 also apply to the review of any modification, revocation, or termination of an APDES permit.

(b) For purposes of (a) of this section, an APDES permit includes an authorization to discharge under a general permit in accordance with 18 AAC 83.210. However, a review under 18 AAC 15.185 and 18 AAC 15.195 - 18 AAC 15.340 of the authorization to discharge under a general permit is limited to whether the authorization to discharge is for the type of discharge intended to be covered under the general permit and the appropriateness of any site-specific terms or conditions issued as part of the authorization to discharge under the general permit that were not otherwise specified in the general permit. The terms of a general permit previously approved by the department are not subject to review as part of the review of the authorization to discharge under a general permit under this subsection.

(c) An APDES permit is not automatically stayed by the filing of a request for an adjudicatory hearing on the permit. A request to stay an APDES permit will be decided by the commissioner or by the commissioner's designee if the designee is a person other than the person who issued the contested decision.

History

Authority: AS 44.46.020; AS 46.03.050; AS 46.03.880 AS 46.03.010; AS 46.03.100 AS 46.03.020; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184; am 11/5/2017, Register 224

Article 3 General Permits

18 AAC 83.205 General permits

(a) The department may issue a general APDES permit written to cover one or more categories or subcategories of discharges or facilities, except those covered by individual permits, within a geographic area. The area covered by a general permit should correspond to existing geographic or political boundaries, including the following:

(1) a designated planning area under 33 U.S.C. 1288 and 33 U.S.C. 1313;

(2) a sewer district or sewer authority;

(3) a city, borough, or state political boundary;

(4) a state highway system;

(5) a standard metropolitan statistical area as defined by the federal Office of Management and Budget of the Executive Office of the President;

(6) an urbanized area as designated by the United States Census Bureau, according to criteria in 67 Fed. Reg. 11663 (March 15, 2002); 67 Fed. Reg. 54630 (August 23, 2002); and 67 Fed. Reg. 70045 (November 20, 2002);

(7) any other appropriate division or combination of boundaries.

(b) The department may use a general permit to regulate one or more categories or subcategories of discharges within an area described in (a) when the sources within a covered category or subcategory of discharges are either

(1) storm water point sources; or

(2) point sources other than storm water point sources if the sources within each category or subcategory all

(A) involve the same or substantially similar types of operations;

(B) discharge the same types of wastes;

(D) require the same or similar monitoring; and

(E) in the opinion of the department, are more appropriately controlled under a general permit than under individual permits.

(c) A general permit that covers a source within a specific category or subcategory of dischargers must make that source subject to any applicable water quality-based limitations under 18 AAC 83.430.

(d) A general permit must clearly identify the conditions applicable to each category or subcategory of discharges covered by the permit. The general permit may exclude specified sources or areas from coverage.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.210 Administration of general permits

(a) The department may issue a general permit in compliance with this section and the applicable requirements of 18 AAC 83.115 and 18 AAC 83.120, and may modify, revoke and reissue, or terminate a general permit in compliance with 18 AAC 83.130.

(b) Except as provided in (g) and (h) of this section, a discharger that seeks coverage under a general permit shall submit to the department a written notice of intent to be covered by the general permit. A complete and timely notice of intent in compliance with requirements of the general permit fulfills a discharger's duty to apply for a permit. A discharger that fails to submit a notice of intent in compliance with the requirements of the permit is not authorized to discharge under the general permit unless the department

(1) determines, as provided in (g) of this section, that a notice of intent is not required for coverage under the general permit; or

(2) notifies a discharger, as provided in (h) of this section, that it is covered by a general permit.

(c) A general permit must specify the contents of the notice of intent to be submitted by a discharger that seeks coverage under that general permit. The general permit must require the discharger to submit information necessary for adequate program implementation, including the legal name and address of the owner or operator, the facility's name and address, type of facility or discharges, and the receiving waters. A general permit for storm water discharges associated with industrial activity from inactive mining, inactive oil and gas operations, or inactive landfills occurring on federal lands where an operator cannot be identified may contain alternative notice of intent requirements. A notice of intent for coverage under a general permit for concentrated animal feeding operations must include the information specified in 18 AAC 83.320, including a topographic map.

(d) A notice of intent must be signed in compliance with 18 AAC 83.385.

(e) A general permit must specify the deadline for submitting a notice of intent to be covered and each date when a discharger is authorized to discharge under the permit.

(f) A general permit must specify when a discharger that is eligible for coverage under the permit and has submitted a complete and timely notice of intent in compliance with the general permit, is authorized to discharge under the permit. The permit may allow discharge to begin upon the department's receipt of the notice of intent, after a waiting period specified in the general permit, on a date specified in the general permit, or when the department notifies the discharger that it is covered under the general permit.

(g) If the department finds that a notice of intent requirement is inappropriate, the department may authorize a discharger other than a POTW, a combined sewer overflow, a municipal separate storm sewer system, a primary industrial facility, or a storm water discharge associated with industrial activity, to discharge under a general permit without submitting a notice of intent. If the department does not require a notice of intent under this section, the department will state the reasons for not requiring a notice of intent in the public notice of the general permit. In making a finding that a notice of intent is not required, the department shall consider

(1) the type of discharge;

(2) the expected nature of the discharge;

(3) the potential for toxic and conventional pollutants in the discharge;

(4) the expected volume of the discharge;

(5) other means of identifying a discharge covered by the permit; and

(6) the estimated number of discharges to be covered by the permit.

(h) The department may notify a discharger that it is covered by a general permit, even if the discharger has not submitted a notice of intent to be covered. A discharger that receives notice under this section may request an individual permit under 18 AAC 83.215(b).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.215 Exceptions to general permit requirement; individual permits

(a) The department may terminate or revoke any discharger's coverage under a general permit, and may require the discharger to apply for and obtain an individual APDES permit. An interested person may petition the department to take action under this paragraph. An individual APDES permit may be required when, for example,

(1) the discharger is not in compliance with the conditions of the general APDES or NPDES permit;

(2) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source;

(3) effluent limitations guidelines are promulgated for point sources covered by the general APDES permit;

(4) a water quality management plan containing requirements applicable to a point source is approved;

(5) circumstances have changed so that the discharger is no longer appropriately controlled under the general permit, or the authorized discharge must be either temporarily or permanently reduced or eliminated;

(6) the department determines the discharge is a significant contributor of pollutants; in making this determination, the department may consider

(A) the location of the discharge with respect to waters of the United States;

(B) the size of the discharge;

(D) other relevant factors.

(b) An owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application, with reasons supporting the request, to the department no later than 90 days after the publication of the general permit in accordance with state law. The provisions of 18 AAC 83.115 and 18 AAC 83.120 apply to an application under this subsection. The department will grant the request by issuing an individual permit if the reasons cited by the owner or operator are adequate to support the request.

(c) When an individual APDES permit is issued to an owner or operator under (b) of this section, the owner or operator's authorization under the general permit automatically terminates on the effective date of the individual permit.

(d) An owner or operator of a facility or activity excluded from a general permit solely because the owner or operator already has an individual permit may request that the discharge from the owner or operator's facility or activity be covered by the general permit. If the department approves coverage under the general permit, the individual permit is revoked.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

Article 4 Permit Application Requirements

18 AAC 83.305 Permit application forms and general information requirements

(a) A person required by 18 AAC 83.015 to obtain an APDES permit shall submit an application to the department providing the information required by (b) of this section, if applicable, and by the applicable parts of 18 AAC 83.310 - 18 AAC 83.360 and 18 AAC 83.380. The application must be submitted on one or more of the EPA forms listed in this section, or on the department equivalent of the listed EPA form:

(1) for an applicant other than a POTW and other treatment works treating domestic sewage, EPA Form 1, revised as of August 1, 1990, adopted by reference, and the following additional forms, if applicable:

(A) for an applicant that is a concentrated animal feeding operation or aquatic animal production facility, EPA Form 2B, revised as of February 12, 2003, adopted by reference;

(B) for an applicant that is an existing industrial facility, including manufacturing facilities, commercial facilities, mining activities, and silvicultural activities, EPA Form 2C, revised as of August 1, 1990, adopted by reference;

(C) for an applicant that is a new industrial facility that discharges process wastewater, EPA Form 2D, revised as of August 1, 1990, adopted by reference;

(D) for an applicant that is a new or existing industrial facility that discharges only non-process wastewater, EPA Form 2E, revised as of August 1, 1990, adopted by reference;

(E) for an applicant that is a new or existing facility whose discharge is composed entirely of storm water associated with industrial activity, EPA Form 2F, unless the applicant is exempted by 40 C.F.R. 122.26(c)(1)(ii), adopted by reference in 18 AAC 83.010; if the applicant's discharge is composed of storm water and non-storm water, EPA Forms 2C, 2D, or 2E, as appropriate;

(2) for an applicant that is a new or existing POTW, EPA Form 2A, revised as of January 14, 1999, adopted by reference.

(b) An applicant for an APDES permit other than a POTW and other treatment works treating domestic sewage, shall provide the following information to the department, using the appropriate forms specified in (a) of this section:

(1) the applicant's activity that requires an APDES permit;

(2) the name, mailing address, electronic mail address, and location of the facility for which the application is submitted;

(3) up to four North American Industry Code System codes that best identify the principal products or services provided by the facility;

(4) the operator's name, mailing address, electronic mail address, telephone number, ownership status, and status as federal, state, private, public, or other entity;

(5) a statement that the facility is located in Indian country, if applicable;

(6) a listing of all permits or construction approvals received or applied for under any of the following programs:

(A) hazardous waste management program under 42 U.S.C. 6921 - 6939(e) (Resource Conservation and Recovery Act);

(B) underground injection control (UIC) program under 42 U.S.C. 300(f) - 300j-26 (Safe Drinking Water Act);

(D) prevention of significant deterioration (PSD) program under 42 U.S.C. 7470 - 7492 (Clean Air Act);

(E) nonattainment program under 42 U.S.C. 7501 - 7515 (Clean Air Act);

(F) national emission standards for hazardous pollutants (NESHAPS) preconstruction approval under 42 U.S.C. 7412 (Clean Air Act);

(G) ocean dumping permits under 33 U.S.C. 1412 - 1414(b) (Marine Protection Research and Sanctuaries Act);

(H) dredge or fill permits under 33 U.S.C. 1344 (Clean Water Act, sec. 404);

(I) other relevant environmental permits, including state permits;

(7) a topographic map, or other map if a topographic map is unavailable, extending one mile beyond the property boundaries of the source, depicting

(A) the facility and each of its intake and discharge structures;

(B) the location of the facility's hazardous waste treatment, storage, or disposal areas;

(D) the location of wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known by the applicant to exist in the map area;

(8) a brief description of the nature of the business.

(c) The applicant may submit information required by this section electronically if the department approves an electronic method of submittal.

(d) An applicant shall keep records of all data used to complete a permit application and any supplemental information submitted under this article for a period of at least three years from the date the application is signed.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.310 Permit application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers

(a) Information requirements. Except for a facility subject to the requirements of 18 AAC 83.315, an applicant for an APDES permit for an existing discharge from a manufacturing, commercial, mining, or silvicultural facility or activity shall provide the following information to the department, using the applicable forms specified in 18 AAC 83.305(a):

(1) the latitude and longitude of each outfall location to the nearest 15 seconds and the name of each receiving water;

(2) for each outfall

(A) a narrative identifying each type of process, operation, or production area that contributes wastewater to the effluent from that outfall, including process wastewater, cooling water, and storm water runoff; processes, operations, or production areas may be described in general terms, such as "dye-making reactor" or "distillation tower";

(B) the average flow that each process contributes and a description of the treatment the wastewater receives, including the ultimate disposal of any solid or fluid wastes other than by discharge;

(D) the average flow of point sources composed of storm water; for this sub-paragraph, the average flow may be estimated;

(E) the basis for the rainfall event with the method of estimation;

(3) a description of the frequency, duration, and flow rate of each discharge occurrence, except for storm water runoff, spillage, or leaks, for any of the discharges described in (a)(2) of this section that are intermittent or seasonal;

(4) a reasonable measure of the applicant's actual production reported in the units used in the applicable effluent guideline, if an effluent guideline promulgated under 33 U.S.C. 1314 applies to the applicant and is expressed in terms of production or other measure of operation; the reported measure must reflect the actual production of the facility as required by 18 AAC 83.520;

(5) if the applicant is subject to any present requirements or compliance schedules for construction, upgrading, or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected final compliance dates;

(6) a listing of any toxic pollutant that the applicant currently uses or manufactures as an intermediate or final product or byproduct, except that the department may waive or modify this requirement

(i) if the applicant demonstrates that it would be unduly burdensome to identify each toxic pollutant; and

(ii) the department has adequate information to issue the permit;

(7) an identification of any biological toxicity tests that the applicant knows or has reason to believe have been made within the last three years on any of the applicant's discharges or on a receiving water in relation to a discharge;

(8) the identity of each laboratory or firm and the analyses performed, if a contract laboratory or consulting firm performed any of the analyses required by (c) of this section.

(b) Line drawing. The owner or operator of a facility subject to this section shall submit with an application a line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. In the line drawing, similar processes, operations, or production areas may be indicated as a single unit, labeled to correspond to the more detailed identification under (a)(2) of this section. The water balance must show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined for certain activities such as mining, the applicant may instead provide a pictorial description of the nature and amount of any sources of water and any collection and treatment measures.

(c) Effluent characteristics. In addition to the items of information listed in (a) and (b) of this section, and except for information on storm water discharges required by 40 C.F.R. 122.26, adopted by reference in 18 AAC 83.010, an applicant for an APDES permit for an existing facility described in (a) of this section shall

(1) collect, prepare, and submit information regarding the discharge of pollutants specified in this section and effluent characteristics; and

(2) when quantitative data for a pollutant are required, collect a sample of effluent and analyze it for the pollutant in accordance with analytical methods approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, except that when no analytical method is approved, the applicant may use any suitable method but must describe the method.

(d) Grab sampling. An applicant for an APDES permit under this section shall use grab samples in providing information regarding pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus. For all other pollutants, the applicant shall use 24-hour composite samples, except that a minimum of one grab sample may be taken for effluents from holding ponds or other impoundments with a retention period greater than 24 hours. For discharges other than storm water discharges, the department may waive composite sampling for any outfall for which the applicant demonstrates that the use of an automatic sampler is not feasible and that a minimum of four grab samples will be a representative sample of the effluent being discharged.

(e) Exceptions to testing and data provision requirements for effluent characteristics. For purposes of (c) of this section,

(1) when an applicant has two or more outfalls with substantially identical effluents, the department may allow the applicant to test only one outfall and report that the quantitative data also apply to the substantially identical outfall;

(2) an applicant's duty under (j), (k), and ( l) of this section to provide quantitative data for certain pollutants known or believed to be present does not apply to pollutants present in a discharge solely as the result of their presence in intake water; however, an applicant shall report that those pollutants are present.

(f) Storm water discharges. For storm water discharges associated with an existing facility described in (a) of this section,

(1) all samples must be collected from the discharge resulting from a storm event and shall be collected at least 72 hours from the previously measurable storm event, and, where feasible, from a storm event that does not exceed the duration and total rainfall of the average or median storm event in that area by more than 50 percent;

(2) a flow-weighted composite sample must be taken for either the entire discharge or for the first three hours of the discharge, except for the following:

(A) the sampling may be taken with a continuous sampler or as a combination of a minimum of three sample aliquots taken in each hour of discharge for the entire discharge or for the first three hours of the discharge, with each aliquot being separated by a minimum period of 15 minutes; if the department approves, an applicant for a storm water discharge permit under 40 C.F.R. 122.26(d), adopted by reference in 18 AAC 83.010, may collect flow-weighted composite samples using different protocols with respect to the time duration between the collection of sample aliquots;

(B) a minimum of one grab sample may be taken for storm water discharges from holding ponds or other impoundments with a retention period greater than 24 hours;

(3) for samples taken from discharges associated with industrial activities, quantitative data must be reported for the grab sample taken during the first 30 minutes, or as soon thereafter as practicable, of the discharge for all pollutants specified in 40 C.F.R. 122.26(c)(1), adopted by reference in 18 AAC 83.010, except that for all storm water permit applicants taking flow-weighted composites, quantitative data must be reported for all pollutants specified in 40 C.F.R. 122.26, adopted by reference in 18 AAC 83.010, but not for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform, and fecal streptococcus;

(4) the department may, on a case-by-case basis, allow or establish appropriate site-specific sampling procedures or requirements, including

(A) sampling locations;

(B) the season in which the sampling takes place;

(D) the minimum or maximum level of precipitation required for an appropriate storm event;

(E) the form of precipitation sampled, whether snow melt or rain fall;

(F) protocols for collecting samples under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010; and

(G) additional time for submitting data;

(5) an applicant is deemed to know or have reason to believe that a pollutant is present in an effluent if an evaluation of the expected use, production, or storage of the pollutant, or any previous analyses for the pollutant, show that pollutant's presence.

(g) Reporting requirements. Unless a reporting requirement is waived under (h) of this section, every applicant subject to this section shall report quantitative data for the following pollutants for every outfall:

(1) biochemical oxygen demand;

(2) chemical oxygen demand;

(3) total organic carbon;

(4) total suspended solids;

(5) ammonia, as N;

(6) temperature in both winter and summer, respectively;

(7) pH.

(h) Waiver. The department may waive the reporting requirements for individual point sources or for a particular industry category for one or more of the pollutants listed in (g) of this section if the applicant demonstrates that information adequate to support issuance of a permit can be obtained with less stringent requirements.

(i) Processes in one or more primary industry categories. Except as provided in (n) of this section, an applicant with an existing facility described in (a) of this section that has processes that qualify in one or more of the primary industry categories shown in Appendix A to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, contributing to a discharge, must report quantitative data for pollutants in each outfall containing process wastewater as follows:

(1) data for the organic toxic pollutants listed in Table II of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, in the fractions designated in Table I of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010; for purposes of this paragraph:

(A) Table II of Appendix D to 40 C.F.R. Part 122, lists the organic toxic pollutants in each fraction; the fractions result from the sample preparation required by the analytical procedure that uses gas chromatography/mass spectrometry;

(B) if the department determines that an applicant falls within an industrial category for the purposes of selecting fractions for testing, that determination does not establish the applicant's category for any other purpose; see Notes 2, 3, and 4 to 40 C.F.R. 122.21, as revised as of July 1, 2005;

(2) data for the toxic metals, cyanide, and total phenols listed in Table III of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010.

(j) Disclosure regarding conventional and nonconventional pollutants. An applicant for an APDES permit under this section must disclose in an application whether the applicant knows or has reason to believe that any of the conventional and nonconventional pollutants in Table IV of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, are discharged from each outfall. If an applicable effluent limitations guideline limits the pollutant either directly or indirectly by express limitations on an indicator, the applicant must report quantitative data. For every pollutant discharged that is not limited in an effluent limitations guideline, the applicant must either report quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

(k) Disclosure regarding organic toxic pollutants, toxic metals, cyanide, or total phenols. An applicant for an APDES permit under this section must disclose in an application whether the applicant knows or has reason to believe that any of the organic toxic pollutants listed in Table II or the toxic metals, cyanide, or total phenols listed in Table III of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, for which quantitative data are not otherwise required under (i) of this section, are discharged from each outfall. Unless an applicant qualifies as a small business under (n) of this section, the applicant must

(1) report quantitative data for every pollutant expected to be discharged in concentrations of 10 parts per billion or greater;

(2) report quantitative data for acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, if any of these four pollutants are expected to be discharged in concentrations of 100 parts per billion or greater; and

(3) for every pollutant expected to be discharged in concentrations less than 10 parts per billion, or in the case of acrolein, acrylonitrile, 2,4 dinitrophenol, and 2-methyl-4, 6 dinitrophenol, in concentrations less than 100 parts per billion, either submit quantitative data or briefly describe the reasons the pollutant is expected to be discharged.

(l) Disclosure regarding asbestos or hazardous substances in discharge. An applicant for an APDES permit under this section must disclose in an application whether the applicant knows or has reason to believe that asbestos or any of the hazardous substances listed in Table V of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, are discharged from each outfall. For every pollutant expected to be discharged, the applicant must briefly describe the reasons the pollutant is expected to be discharged and report any quantitative data it has for any pollutant.

(m) Disclosure regarding certain chlorinated compounds. An applicant for an APDES permit under this section must disclose in an application and report qualitative data, generated using a screening procedure not calibrated with analytical standards, for 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) if the applicant

(1) uses or manufactures the following:

(A) 2,4,5-trichlorophenoxy acetic acid (2,4,5,-T);

(B) 2- (2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5,-TP);

(D) o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel);

(E) 2,4,5-trichlorophenol (TCP);

(F) hexachlorophene (HCP); or

(2) knows or has reason to believe that TCDD is or may be present in an effluent.

(n) Small business exemption. An applicant under this section is exempt from the quantitative data requirements in (i)(1) or (k) of this section for the organic toxic pollutants listed in Table II of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, if that applicant qualifies as a small business under one of the following criteria:

(1) the applicant is a coal mine with an expected total annual production of less than 100,000 tons per year;

(2) the applicant has gross total annual sales averaging less than $233,000 per year in 2003 dollars.

(o) Additional information. In addition to the information reported on the application form, an applicant under this section shall provide to the department, at the department's request, any other information that the department may reasonably require to assess the discharges of the facility and to determine whether to issue an APDES permit. The additional information may include additional quantitative data and bioassays to assess the relative toxicity of discharges to aquatic life and information required to determine the cause of the toxicity.

(p) Definition. In this section, "storm event" means a rainfall greater than .1 inch.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.315 Permit application requirements for manufacturing, commercial, mining, and silvicultural facilities that discharge only non-process wastewater

(a) Information requirements. An applicant for an APDES permit that is a manufacturing, commercial, mining, or silvicultural discharger that discharges only non-process wastewater not regulated by an effluent limitations guideline or new source performance standard shall provide the following information to the department for all discharges, except for storm water discharges, using the applicable forms specified in 18 AAC 83.305(a):

(1) the number of each outfall, the latitude and longitude to the nearest 15 seconds, and the name of each receiving water;

(2) for a new discharger, the date of expected commencement of discharge;

(3) an identification of the general type of waste discharged, or expected to be discharged upon commencement of operations, including sanitary wastes, restaurant or cafeteria wastes, or non-contact cooling water;

(4) an identification of cooling water additives, if any, that are used or expected to be used upon commencement of operations, along with their composition if existing composition is available;

(5) effluent characteristics prepared and submitted as described in (b) and (c) of this section;

(6) a description of the frequency of flow and duration of any seasonal or intermittent discharge, except for storm water runoff, leaks, or spills;

(7) a brief description of any treatment system used or to be used;

(8) any additional information the applicant wishes to be considered, such as influent data for the purpose of obtaining net credits under 18 AAC 83.545;

(9) the signature of the certifying official under 18 AAC 83.385.

(b) Effluent characteristics. Except as otherwise provided in (d), (e), or (g) of this section, an APDES permit application for a discharger described in (a) of this section must include quantitative data for the following pollutants or parameters:

(1) biochemical oxygen demand;

(2) total suspended solids;

(3) fecal coliform, if believed present or if sanitary waste is or will be discharged;

(4) total residual chlorine, if chlorine is used;

(5) oil and grease;

(6) chemical oxygen demand, if non-contact cooling water is or will be discharged;

(7) total organic carbon, if non-contact cooling water is or will be discharged;

(8) ammonia, as N;

(9) discharge flow;

(10) pH;

(11) temperature, both in winter and summer, respectively.

(1) grab samples must be used for pH, temperature, oil and grease, total residual chlorine, and fecal coliform; for all other pollutants, 24-hour composite samples must be used;

(2) the quantitative data may be collected over the past 365 days, if that data remains representative of current operations, and must include maximum daily value, average daily value, and number of measurements taken; and

(3) the applicant shall collect and analyze samples in accordance with 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010.

(d) Waiver. The department may waive the testing and reporting requirements for any of the pollutants or flow listed in (b) of this section if the applicant requests a waiver with its application or earlier, and demonstrates that information adequate to support permit issuance can be obtained through less stringent requirements.

(e) Additional information if applicant is a new discharger. If the applicant is a new discharger, the applicant shall

(1) complete and submit Item IV of EPA Form 2E, adopted by reference in 18 AAC 83.305(a)(1)(D), or the department equivalent, by providing quantitative data in compliance with that section no later than two years after the discharge commences, except that the applicant need not complete those portions of Item IV requiring tests that the applicant has already performed and reported under the discharge monitoring requirements of its APDES or NPDES permit; and

(2) include estimates and the source of each estimate instead of sampling data for the pollutants or parameters listed in (b) of this section;

(f) Reportable measurements of pollutants. For the purposes of the data required under this section, all pollutant levels must be reported or estimated as concentration and as total mass, except for flow, pH, and temperature.

(g) Exemption. An applicant's duty, under (b) and (e) of this section to provide quantitative data or estimates of certain pollutants does not apply to pollutants present in a discharge solely as a result of their presence in intake water. However, an applicant shall report the presence of those pollutants. If the requirements of 18 AAC 83.545 are met, net credit may be provided for the presence of pollutants in intake water.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.320 Permit application requirements for new and existing concentrated animal feeding operations

An applicant for an APDES permit for a new or existing concentrated animal feeding operation, as defined in 40 C.F.R. 122.23(b) and adopted by reference in 18 AAC 83.010, shall provide the following information to the department, using the applicable forms specified in 18 AAC 83.305(a):

(1) the name of the owner or operator;

(2) the facility location and mailing addresses;

(3) latitude and longitude of the production area, measured at the entrance to the production area;

(4) instead of the map or alternative information required by 18 AAC 83.305(b)(7), a topographic map of the geographic area in which the concentrated animal feeding operation is located, showing the specific location of the production area;

(5) specific information about the number and type of animals, including if applicable: beef cattle, broilers, layers, swine weighing 55 pounds or more, swine weighing less than 55 pounds, mature dairy cows, dairy heifers, veal calves, sheep and lambs, horses, ducks, turkeys, or other animals, whether in open confinement or housed under roof;

(6) the type of containment and total capacity in tons or gallons of any anaerobic lagoon, roofed storage shed, storage pond, under-floor pit, above-ground storage tank, below-ground storage tank, concrete pad, impervious soil pad, or other structure or area used for containment and storage of manure, litter, and process wastewater;

(7) the total number of acres available and under the applicant's control for land application of manure, litter, or process wastewater;

(8) estimated amounts of manure, litter, and process wastewater generated per year in tons or gallons;

(9) estimated amounts of manure, litter, and process wastewater transferred to other persons per year in tons or gallons;

(10) certification that a nutrient management plan has been completed and will be implemented upon the date of permit coverage.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.325 Permit application requirements for new and existing concentrated aquatic animal production facilities

An applicant for APDES permit for a new or existing concentrated aquatic animal production facility shall provide the following information to the department, using the applicable forms specified in 18 AAC 83.305(a):

(1) the maximum daily and average monthly flow from each outfall;

(2) the number of ponds, raceways, and similar structures;

(3) the name of the receiving water and the source of intake water;

(4) for each species of aquatic animal, the total yearly and maximum harvestable weight;

(5) the calendar month of maximum feeding and the total mass of food fed during that month.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.330 Permit application requirements for new and existing POTWs and other dischargers designated by the department

(a) Permit application. Except as provided in (b) of this section, an applicant that is a POTW and any other discharger designated by the dependent shall provide the information in this section to the department, using the applicable forms specified in 18 AAC 83.305(a). A permit applicant under this section shall submit all information available at the time of permit application; however, an applicant may provide information by referencing information previously submitted to the department.

(b) Waiver. The department may waive any requirement of this section if the department has access to substantially identical information, or if that information is not of material concern for a specific permit, if approved by the regional administrator.

(1) name, mailing address, and location of the facility for which the application is submitted;

(2) name, mailing address, electronic mail address, and telephone number of the applicant, and a statement whether the applicant is the facility's owner, operator, or both;

(3) a list of all environmental permits or construction approvals received or applied for, including dates, under any of the following programs or types of activities:

(A) hazardous waste management program under 42 U.S.C. 6921 - 6939e (Resource Conservation and Recovery Act);

(B) underground injection control program under 42 U.S.C. 300f - 300j-26 (Safe Drinking Water Act);

(D) prevention of significant deterioration program under 42 U.S.C. 7470 - 7492 (Clean Air Act);

(E) nonattainment program under 42 U.S.C. 7501 - 7515 (Clean Air Act);

(F) national emission standards for hazardous pollutants preconstruction approval under 42 U.S.C. 7412 (Clean Air Act);

(G) ocean dumping activities under 33 U.S.C. 1412 - 1414(b) (Marine Protection Research and Sanctuaries Act);

(H) dredge or fill activities under 33 U.S.C. 1344 (Clean Water Act, sec. 404);

(I) other relevant environmental programs or activities, including those subject to state jurisdiction and approval;

(4) the name and population of each municipal entity served by the facility, including unincorporated connector districts, a statement whether each municipal entity owns or maintains the collection system and, if the information is available, whether the collection system is a separate sanitary sewer or a combined storm and sanitary sewer;

(5) a statement whether the facility is located in Indian country and whether the facility discharges to a receiving stream that flows through Indian country;

(6) the facility's design flow rate, or the wastewater flow rate the plant was built to handle, annual average daily flow rate, and maximum daily flow rate for each of the previous three years;

(7) a statement identifying the types of collection systems, either separate sanitary sewers or combined storm and sanitary sewers, used by the treatment works, and an estimate of the percent of sewer line that each type comprises;

(8) the following information for outfalls to waters of the United States and other discharge or disposal methods:

(A) for effluent discharges to waters of the United States, the total number and types of outfalls including treated effluent, combined sewer overflows, bypasses, constructed emergency overflows;

(B) for wastewater discharged to surface impoundments, the location of each surface impoundment, the average daily volume discharged to each surface impoundment, and a statement whether the discharge is continuous or intermittent;

(C) for wastewater applied to the land, the location of each land application site, the size in acres of each land application site, the average daily volume in gallons per day applied to each land application site, and a statement whether the land application is continuous or intermittent;

(D) for effluent sent to another facility for treatment prior to discharge, the means by which the effluent is transported, the name, mailing address, electronic mail address, contact person, and phone number of the organization transporting the discharge; if the transport is provided by a party other than the applicant, the name, mailing address, electronic mail address, contact person, phone number, and APDES or NPDES permit number, if any, of the receiving facility, and the average daily flow rate from this facility into the receiving facility in million gallons per day;

(E) for wastewater disposed of in a manner not included in (c)(8)(A) through (D) of this section, including underground percolation and underground injection, a description of the disposal method, including the location and size of each disposal site, if applicable, the annual average daily volume in gallons per day disposed of by this method, and a statement whether disposal by this method is continuous or intermittent; and

(9) the name, mailing address, electronic mail address, telephone number, and responsibilities of all contractors responsible for any operational or maintenance aspects of the POTW facility.

(d) Additional information for design flow greater than .1 million gallons per day. In addition to the information described in (c) of this section, an applicant under this section with a design flow greater than or equal to 0.1 million gallons per day must provide the following information:

(1) the current average daily volume in gallons per day of inflow and infiltration, and a statement describing steps the facility is taking to minimize inflow and infiltration;

(2) a topographic map, or other map if a topographic map is unavailable, extending at least one mile beyond property boundaries of the treatment plant including all unit processes, and showing

(A) the treatment plant area and unit processes;

(B) the major pipes or other structures through which wastewater enters the treatment plant and the pipes or other structures through which treated wastewater is discharged from the treatment plant, including outfalls from bypass piping, if applicable;

(D) wells, springs, and other surface water bodies listed in public records or otherwise known to the applicant within 1/4 mile of the property boundaries of the treatment works;

(E) sewage sludge management facilities including on-site treatment, storage, and disposal sites; and

(F) each location at which waste classified as hazardous under 42 U.S.C. 6921 - 6939e (Resource Conservation and Recovery Act) enters the treatment plant by truck, rail, or dedicated pipe;

(3) a process flow diagram or schematic as follows:

(A) a diagram showing the processes of the treatment plant, including all bypass piping and all backup power sources or redundancy in the system, including a water balance showing all treatment units, including disinfection, and showing daily average flow rates at influent and discharge points and approximate daily flow rates between treatment units;

(B) a narrative description of the diagram; and

(4) the following information regarding scheduled improvements:

(A) the outfall number of each affected outfall;

(B) a narrative description of each required improvement;

(C) scheduled dates for commencement and completion of construction, commencement of discharge and attainment of operational level, and actual completion date for any event listed in this sub-paragraph that has been completed;

(D) a description of permits and clearances concerning other federal and state requirements.

(e) Outfall information. An applicant under this section must provide the following information for each outfall, including bypass points, through which effluent is discharged, as applicable:

(1) for each outfall,

(A) the outfall number;

(B) the borough, and city or town in which the outfall is located;

(D) the distance from shore and depth below surface;

(E) the average daily flow rate, in million gallons per day;

(F) if the outfall has a seasonal or periodic discharge, the number of times per year the discharge occurs, the duration of each discharge, the flow of each discharge, and the months in which discharge occurs; and

(G) a statement whether the outfall is equipped with a diffuser and the type of diffuser used, such as high-rate;

(2) for each outfall discharging effluent to waters of the United States, the following receiving water information, if the information is available,

(A) the name of each receiving water;

(B) the name of each watershed, river, or stream system and United States Soil Conservation Service or Natural Resource Conservation Service watershed code, if known;

(C) the name of each state management or river basin and United States Geological Survey hydrologic cataloging unit code, if known; and

(D) the critical flow of each receiving stream and total hardness of the receiving stream at critical low flow;

(3) for each outfall discharging to waters of the United States, the following information describing the treatment of the discharges:

(A) the highest level of treatment, including primary, equivalent to secondary, secondary, advanced, or other treatment level provided for

(i) the design biochemical oxygen demand removal percentage;

(ii) the design suspended solids removal percentage;

(iii) the design phosphorus removal percentage;

(iv) the design nitrogen removal percentage; and

(v) any other removals that an advanced treatment system is designed to achieve; and

(B) a description of the type of disinfection used, and a statement whether the treatment plant de-chlorinates if disinfection is accomplished through chlorination.

(f) Testing and effluent monitoring. In addition to 18 AAC 83.335, and except as provided in (h) of this section, an applicant under this section shall undertake sampling and analysis and submit effluent monitoring information for samples taken from each outfall through which effluent is discharged to waters of the United States, except for combined sewer overflows, including the following if applicable:

(1) sampling and analysis for the pollutants listed in Appendix J, Table 1A to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010;

(2) for an applicant with a design flow greater than or equal to 0.1 million gallons per day, sampling and analysis for the pollutants listed in Appendix J, Table 1 to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, except that a facility that does not use chlorine for disinfection, does not use chlorine elsewhere in the treatment process, and has no reasonable potential to discharge chlorine in the facility's effluent, is not required to sample or analyze chlorine;

(3) sampling and analysis for the pollutants listed in Appendix J, Table 2 to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, and for any other pollutants for which the state or EPA has established water quality standards applicable to the receiving waters if the facility is

(A) a POTW that has a design flow rate equal to or greater than one million gallons per day;

(B) a POTW that has an approved pretreatment program;

(D) any POTW, as required by the department to ensure compliance with this chapter;

(4) sampling and analysis for additional pollutants, as the department may require, on a case-by-case basis;

(5) data from a minimum of three samples taken within four and one-half years before the date of the permit application; to meet this requirement,

(A) samples must be representative of the seasonal variation in the discharge from each outfall;

(B) existing data may be used, if available, in lieu of sampling done solely for the purpose of this application;

(6) all existing data for pollutants specified in (1) - (4) of this subsection collected within four and one-half years of the application; this data must be included in the pollutant data summary submitted by the applicant, except that if the applicant samples for a specific pollutant on a monthly or more frequent basis, only the data collected for that pollutant within one year of the application must be provided.

(g) Sampling methods. To meet the information requirements of (f) of this section, an applicant must

(1) collect samples of effluent and analyze the samples for pollutants in accordance with analytical methods approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, unless an alternative is specified in the existing APDES or NPDES permit;

(2) use the following methods:

(A) grab samples for pH, temperature, cyanide, total phenols, residual chlorine, oil and grease, fecal coliform;

(B) twenty-four hour composite samples for all other pollutants; for a composite sample, only one analysis of the composite of aliquots is required;

(3) provide at least the following information for each parameter:

(A) maximum daily discharge, expressed as concentration or mass, based upon actual sample values;

(B) average daily discharge for all samples, expressed as concentration or mass, and the number of samples used to obtain this value;

(D) the threshold level, such as the method detection limit, minimum level, or other designated method endpoint for the analytical method used; and

(4) report metals as total recoverable, unless the department requires otherwise.

(h) Outfall samples. When an applicant under this section has two or more outfalls with substantially identical effluent discharging to the same receiving water segment, the department may, on a case-by-case basis, allow the applicant to submit sampling data for only one outfall. The department may also allow an applicant to composite samples from one or more outfalls that discharge into the same mixing zone.

(i) Signature. An application under this section must be signed by a certifying official in compliance with 18 AAC 83.385.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.335 Whole effluent toxicity monitoring for POTWs and other designated dischargers

(a) An applicant for a permit under 18 AAC 83.330 shall submit information on effluent monitoring for whole effluent toxicity, including an identification of any whole effluent toxicity tests conducted during the four and one-half years before the date of the application on any of the applicant's discharges or on any receiving water near the discharge.

(b) An applicant under 18 AAC 83.330 shall submit to the department, in compliance with (c) - (g) of this section, the results of valid whole effluent toxicity tests for acute or chronic toxicity for samples taken from each outfall through which effluent is discharged to surface waters, except for combined sewer overflows, if the applicant

(1) has a design flow rate greater than or equal to one million gallons per day;

(2) has an approved pretreatment program or is required to develop a pretreatment program; or

(3) is required to comply with this section by the department, based on consideration of the following factors:

(A) the variability of the pollutants or pollutant parameters in the POTW effluent based on chemical-specific information, the type of treatment plant, and types of industrial contributors;

(B) the ratio of effluent flow to receiving stream flow;

(C) existing controls on point or non-point sources, including total maximum daily load calculations for the receiving stream segment and the relative contribution of the POTW;

(D) receiving water characteristics, including possible or known water quality impairment, and whether the POTW discharges to a coastal water or a water designated as an outstanding natural resource water; and

(E) other considerations, including the history of toxic impacts and compliance problems at the POTW that the department determines could cause or contribute to adverse water quality impacts.

(c) When an applicant under 18 AAC 83.330 has two or more outfalls with substantially identical effluent discharging to the same receiving water segment, the department may, on a case-by-case basis, allow the applicant to submit whole effluent toxicity data for only one outfall. The department may also allow an applicant to composite samples from one or more outfalls that discharge into the same mixing zone.

(d) An applicant under (b) of this section that is required to perform whole effluent toxicity testing must provide

(1) results of a minimum of four quarterly tests for a year, from the year preceding the permit application; or

(2) results from four tests performed at least annually in the four and one half year period before the application, if the results show no appreciable toxicity using a safety factor determined by the department.

(e) An applicant under (b) of this section must conduct tests with no less than two species, including fish, invertebrate, or plant, and test for acute or chronic toxicity, depending on the range of receiving water dilution. Unless the department directs otherwise, an applicant shall conduct acute or chronic testing based on the following dilutions:

(1) acute toxicity testing if the dilution of the effluent is greater than 1000:1 at the edge of the mixing zone;

(2) acute or chronic toxicity testing, if the dilution of the effluent is between 100:1 and 1000:1 at the edge of the mixing zone; acute testing may be more appropriate at the higher end of this range (1000:1), and chronic testing may be more appropriate at the lower end of this range (100:1);

(3) chronic testing if the dilution of the effluent is less than 100:1 at the edge of the mixing zone.

(f) An applicant required to perform whole effluent toxicity testing under (b) of this section shall provide

(1) the number of chronic or acute whole effluent toxicity tests that have been conducted since the last permit reissuance;

(2) the results using the form provided by the department, or test summaries, if available and comprehensive, for each whole effluent toxicity test conducted under this section for which the information has not been reported previously to the department;

(3) for whole effluent toxicity data submitted to the department within four and one-half years before the date of the application, the dates on which the data were submitted and a summary of the results; and

(4) any information on the cause of toxicity and written details of any toxicity reduction evaluation conducted, if any whole effluent toxicity test conducted within the past four and one-half years revealed toxicity.

(g) For purposes of the whole effluent toxicity testing required by this section, an applicant must conduct testing using methods approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010; however, an applicant for a facility in this state is exempt from the chronic toxicity testing methods under 40 C.F.R. Part 136, and shall instead perform chronic toxicity testing in accordance with the methods specified by the department under 18 AAC 70.030.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.340 Information requirements for industrial discharges to POTWs

(a) An applicant for a permit as a POTW under 18 AAC 83.330 shall state in its application the number of significant industrial users and categorical industrial users discharging to the POTW. A POTW with one or more significant industrial users shall provide the following information for each significant industrial user that discharges to the POTW:

(1) the name and mailing address of the significant industrial user;

(2) a description of all industrial processes that affect or contribute to the significant industrial user's discharge;

(3) the principal products and raw materials of each significant industrial user that affects or contributes to that significant industrial user's discharge;

(4) the average daily volume of wastewater discharged by the significant industrial user, indicating the amount attributable to process flow and non-process flow;

(5) a statement whether the significant industrial user is subject to local limits;

(6) a statement whether the significant industrial user is subject to one or more categorical standards, and if so, under which category and subcategory;

(7) a statement whether any problems at the POTW, including upsets, pass through, or interference have been attributed to the significant industrial user in the past four and one-half years.

(b) The information required in (a) of this section may be waived by the department for a POTW with a pretreatment program if the applicant has submitted either of the following that contains information substantially identical to the information required in (a) of this section:

(1) annual report submitted within one year of the application;

(2) a pretreatment program.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.345 Information requirements for a POTW receiving hazardous or corrective action wastes

(a) A POTW receiving hazardous or corrective action wastes or wastes generated at another type of cleanup or remediation site must provide the following information:

(1) if the POTW receives, or has been notified that it will receive by truck, rail, or dedicated pipe, any wastes that are regulated as hazardous wastes under 42 U.S.C. 6921 - 6939g (Resource Conservation and Recovery Act) and 40 C.F.R. Part 261, adopted by reference in 18 AAC 62.201 - 18 AAC 62.299, the applicant must report the following:

(A) the method of delivery, including by truck, rail, or dedicated pipe, by which the waste is received;

(B) the applicable hazardous waste number designated in 40 C.F.R. Part 261 for the transported waste, and the amount received annually of each hazardous waste;

(2) if the POTW receives, or has been notified that it will receive, wastewater that originates from remedial activities, including those undertaken under 42 U.S.C. 9601 - 9675 and 42 U.S.C. 6924(u) or 42 U.S.C. 6928(h), the applicant must report the following:

(A) the identity and description of each site or facility at which the wastewater originates;

(B) the identity of any known hazardous constituents listed in Appendix VIII to 40 C.F.R. 261, adopted by reference in 18 AAC 62.299, in the wastewater;

(b) An applicant under this section is exempt from the requirements of (a)(2) of this section if the applicant receives no more than 15 kilograms per month of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 261.30(d) and 40 C.F.R. 261.33(e), adopted by reference in 18 AAC 62.201 - 18 AAC 62.299.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 6/1/2025, Register 254

18 AAC 83.350 Information requirements for a POTW with combined sewer systems and overflows

A POTW applicant with a combined sewer system must provide the following information on the combined sewer system and outfalls:

(1) a system map indicating the location of

(A) all combined sewer overflow discharge points;

(B) any sensitive use area potentially affected by combined sewer overflows including beaches, drinking water supplies, shellfish beds, sensitive aquatic ecosystems;

(D) waters supporting threatened and endangered species potentially affected by combined sewer overflows;

(2) a system diagram of the combined sewer collection system that includes the locations of

(A) major sewer trunk lines, both combined and separate sanitary;

(B) points where separate sanitary sewers feed into the combined sewer system;

(D) flow-regulating devices; and

(E) pump stations;

(3) information on each outfall for each combined sewer overflow discharge point covered by the permit application, including

(A) the outfall number;

(B) the borough and city or town in which the outfall is located;

(D) the distance from shore and depth below surface;

(E) a statement whether the applicant monitored any of the following in the past year for a combined sewer overflow:

(i) rainfall;

(ii) overflow volume;

(iii) overflow pollutant concentrations;

(iv) receiving water quality;

(v) overflow frequency; and

(F) the number of storm events monitored in the past year;

(4) information regarding the number of combined sewer overflows from each outfall in the past year and, if available,

(A) the average duration per event;

(B) the average volume for each event; and

(5) information about receiving waters, including

(A) the name of each receiving water;

(B) the name of each watershed, river, or stream system and the United States Soil Conservation Service or Natural Resource Conservation Service watershed code, if known; and

(C) the name of each state management or river basin and the United States Geological Survey hydrologic catalog unit code, if known; and

(6) a description of any known water quality impact caused by the combined sewer overflow operations, including permanent or intermittent beach closings, permanent or intermittent shellfish bed closings, fish kills, fish advisories, other recreational loss, or the exceedance of any applicable state water quality standard, on the receiving water.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.360 Permit application requirements for new sources and new discharges

(a) An applicant for an APDES permit for a new manufacturing, commercial, mining, or silvicultural discharge, except for a new discharge from a facility subject to the requirements of 18 AAC 83.315, or a new discharge of storm water associated with industrial activity that is subject to the requirements of 40 C.F.R. 122.26(c)(1), adopted by reference in 18 AAC 83.010, except as provided by 40 C.F.R. 122.26(c)(1)(ii), adopted by reference in 18 AAC 83.010, shall provide the following information to the department, using the applicable forms specified in 18 AAC 83.305(a):

(1) the latitude and longitude to the nearest 15 seconds of the expected outfall location and the name of each receiving water;

(2) the expected date the discharge will commence;

(3) the following information on flows, sources of pollution, and treatment technologies:

(A) a narrative describing the treatment that the wastewater will receive, identifying all operations contributing wastewater to the effluent, stating the average flow contributed by each operation, and describing the ultimate disposal of any solid or liquid wastes not discharged;

(B) a line drawing of the water flow through the facility with a water balance as described in 18 AAC 83.310(b);

(C) if any of the expected discharges will be intermittent or seasonal, a description of the frequency, duration, and maximum daily flow rate of each discharge occurrence, except for storm water runoff, spillage, or leaks;

(4) if a new source performance standard promulgated under 33 U.S.C. 1316 or an effluent limitation guideline applies to the applicant and is expressed in terms of production or other measure of operation, a reasonable calculation of the applicant's expected actual production reported in the units used in the applicable effluent guideline or new source performance standard, as required by 18 AAC 83.520(b) - (d), for each of the first three years; the applicant may submit alternative estimates if production is likely to vary;

(5) the effluent characteristics information as described in (b) of this section;

(6) the existence of any technical evaluation concerning the applicant's wastewater treatment, along with the name and location of similar plants of which the applicant has knowledge;

(7) any optional information the permittee wishes the department to consider;

(8) the signature of the certifying official under 18 AAC 83.385.

(b) An applicant under this section must provide the following effluent characteristics information:

(1) estimated daily maximum, daily average, and the source of that information for each outfall for the following pollutants or parameters:

(A) biochemical oxygen demand;

(B) chemical oxygen demand;

(D) total suspended solids;

(E) flow;

(F) ammonia, as N;

(G) temperature, in both winter and summer; and

(H) pH;

(2) estimated daily maximum, daily average, and the source of that information for each outfall for all the conventional and nonconventional pollutants in Table IV of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, if the applicant knows or has reason to believe any of the pollutants will be present or if any of the pollutants are limited by an effluent limitation guideline or new source performance standard either directly or indirectly through limitations on an indicator pollutant;

(3) estimated daily maximum, daily average, and the source of that information for the following pollutants if the applicant knows or has reason to believe the pollutants will be present in the discharge from any outfall:

(A) the toxic metals, total cyanide, and total phenols listed in Table III of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010;

(B) the organic toxic pollutants in Table II of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, except bis (chloromethyl) ether, dichlorofluoromethane, and trichlorofluoromethane; however, this requirement is waived for

(i) an applicant with expected gross sales of less than $233,000 per year in 2003 dollars for the next three years; and

(ii) a coal mine with expected average production of less than 100,000 tons of coal per year;

(4) the information that 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) may be discharged if the applicant uses or manufactures one of the following compounds, or if the applicant knows or has reason to believe that TCDD will or may be present in an effluent:

(A) 2,4,5-trichlorophenoxy acetic acid (2,4,5-T); Chemical Abstract Service (CAS) #93-76-5;

(B) 2-(2,4,5-trichlorophenoxy) propanoic acid (Silvex, 2,4,5-TP) (CAS #93-72-1);

(D) o,o-dimethyl o-(2,4,5-trichlorophenyl) phosphorothioate (Ronnel) (CAS #299-84-3);

(E) 2,4,5-trichlorophenol (TCP) (CAS #95-95-4);

(F) hexachlorophene (HCP) (CAS #70-30-4);

(5) the potential presence of asbestos or hazardous substances listed in Table V of Appendix D to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, if the applicant believes these pollutants will be present in any outfall, except that quantitative estimates are not required unless they are already available at the time the applicant applies for the permit.

(c) No later than two years after the commencement of discharge from the proposed facility, the applicant is required to complete and submit Items V and VI of EPA application Form 2C or the department equivalent. The applicant need not complete those portions of Item V or the department equivalent requiring tests already performed and reported under the discharge monitoring requirements of its permit.

(d) The effluent characteristics requirements in 18 AAC 83.315(b), (d), and (e) that an applicant must provide estimates of certain pollutants expected to be present do not apply to pollutants present in a discharge solely as a result of their presence in intake water. However, an applicant must report that a pollutant is present. For purposes of this subsection,

(1) net credits may be provided for the presence of pollutants in intake water if the requirements of 18 AAC 83.545 are met; and

(2) except for discharge flow, temperature, and pH, all levels must be estimated as concentration and as total mass.

(e) The department may waive the reporting requirements for any of the pollutants and parameters in (b)(1) of this section if the applicant requests a waiver with its application, or earlier, and demonstrates that information adequate to support issuance of the permit can be obtained through less stringent reporting requirements.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.365 Variance requests by non-POTWs

(a) An applicant for an APDES permit for a discharge from a facility that is not a POTW may request a variance under this section from otherwise applicable effluent limitations under any of the statutory or regulatory provisions specified in this section by submitting a request within the times specified in this section.

(b) A request for a variance based on the presence of fundamentally different factors from those on which the effluent limitations guideline was based must explain how the requirements of the applicable regulatory or statutory criteria have been met, and must be filed by the following dates:

(1) a request for a variance from best practicable control technology currently available, by the close of the public comment period under 18 AAC 83.120;

(2) a request for a variance from best available technology economically achievable or best conventional pollutant control technology, by no later than the following:

(A) July 3, 1989, for a request based on an effluent limitation guideline promulgated before February 4, 1987, to the extent July 3, 1989 is not later than that provided under previously promulgated regulations;

(B) 180 days after the date on which an effluent limitation guideline is published in the Federal Register for a request based on an effluent limitation guideline promulgated on or after February 4, 1987.

(1) from the best available technology requirements for 33 U.S.C. 1311 (b)(2)(F) non-conventional pollutants under 33 U.S.C. 1311(c) based on the economic capability of the owner or operator;

(2) under 33 U.S.C. 1311(g); however, the applicant may only request a variance under 33 U.S.C. 1311(g) for ammonia, chlorine, color, iron, total phenols (4AAP) if the administrator determines these pollutants are covered by 33 U.S.C. 1311(b)(2)(F);

(3) for any other pollutant that the administrator lists under 33 U.S.C. 1311(g)(4).

(d) A variance request under (c) of this section must be made as follows:

(1) for a variance from an effluent limitation based upon an effluent limitation guideline, an applicant shall

(A) submit an initial request to the regional administrator, as well as to the department, stating the name of the discharger, the permit number, the outfall numbers, the applicable effluent guideline, and whether the discharger is requesting a modification under 33 U.S.C. 1311(c), 33 U.S.C. 1311(g), or both; this request must be filed not later than

(i) September 25, 1978, for a pollutant controlled by a best available technology effluent limitation guideline promulgated before December 27, 1977; or

(ii) two hundred and seventy days after promulgation of an applicable effluent limitation guideline for guidelines promulgated after December 27, 1977; and

(B) submit a completed request no later than the close of the public comment period under 18 AAC 83.120 demonstrating that the requirements of 18 AAC 15.245, and the applicable requirements of 40 C.F.R. Part 125, adopted by reference in 18 AAC 83.010, have been met; however, the complete request for a variance under 33 U.S.C. 1311(g) must be filed at least 180 days before the EPA must make a decision, unless the regional director of the EPA Office of Water and Watersheds establishes a shorter or longer period;

(2) for a request for a variance from effluent limitations not based on effluent limitations guidelines, an applicant is only required to comply with (d)(1)(B) of this subsection and is not required to file an initial request under (d)(1)(A) of this section.

(e) A discharger who cannot file the timely and complete request for a variance required under (d)(1)(B) or (2) of this section may request an extension. The department may grant or deny an extension, but will not grant an extension of more than six months.

(f) An applicant may request a modification under 33 U.S.C. 1312(b)(2) of any requirement under 33 U.S.C. 1312(a) for achieving water quality related effluent limitations no later than the close of the public comment period under 18 AAC 83.120 on the permit from which the modification is sought.

(g) An applicant under this section for a variance under 33 U.S.C. 1326(a) for the thermal component of any discharge shall file a variance request with a permit application, except that if thermal effluent limitations are established under 33 U.S.C. 1342(a)(1) or are based on water quality standards, the request for a variance may be filed by the close of the public comment period under 18 AAC 83.120.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.370 Variance requests by POTWs

(a) An applicant for an APDES permit for a discharge from a facility that is a POTW may request a variance from otherwise applicable effluent limitations under any of the statutory provisions specified in this section,

(b) A request for a modification under 33 U.S.C. 1311(h) of any requirement of 33 U.S.C. 1311(b)(1)(B) for discharges into marine waters must be filed in accordance with the requirements of 40 C.F.R. Part 125, Subpart G, adopted by reference in 18 AAC 83.010.

(c) A modification under 33 U.S.C. 1312(b)(2) of any requirement under 33 U.S.C. 1312(a) for achieving water quality based effluent limitations must be requested no later than the close of the public comment period under 18 AAC 83.120 on the permit from which the modification is sought.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.375 Expedited variance procedures

(a) Notwithstanding the filing dates specified in 18 AAC 83.365 and 18 AAC 83.370, the department may, before issuing a draft permit, notify a permit applicant, or a person required to obtain an APDES permit that has not yet submitted an application, that the draft permit will likely contain limitations that are eligible for variances. In the notification, the department may require the applicant, as a condition of any variance request, to submit an explanation of how the requirements of 40 C.F.R. Part 125, adopted by reference in 18 AAC 83.010, that apply to the variance have been met. The department may establish a reasonable time limit for submission of the required information.

(b) When the department receives a variance request after giving notice under (a) of this section, the draft or final permit may contain the alternative limitations that become effective when the variance is granted.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.380 Permit application requirements for facilities with cooling water intake structures

(a) An applicant for an APDES permit

(1) for a new facility other than an offshore oil and gas extraction facility, with a cooling water intake structure as defined in 40 C.F.R. Part 125, Subpart I, adopted by reference in 18 AAC 83.010, must submit to the department, as part of its application, the information required under (c)(1) - (3) and (5) and (d) of this section and under 40 C.F.R. 125.86, adopted by reference in 18 AAC 83.010;

(2) for a new offshore oil and gas extraction facility with cooling water intake structures as defined in 40 C.F.R. Part 125, Subpart N, adopted by reference in 18 AAC 83.010, that is a fixed facility must submit to the department, as part of its application, the information required under (c)(1) - (3) and (5) and (d) of this section and under 40 C.F.R. 125.136, adopted by reference in 18 AAC 83.010;

(3) for a new offshore oil and gas extraction facility that is not a fixed facility must submit to the department, as part of its application, the information required under (c)(1) - (4), (5)(A), and (5)(C) - (E) of this section, and under 40 C.F.R. 125.136, adopted by reference in 18 AAC 83.010; and

(4) under this section must submit any request for alternative requirements under 40 C.F.R. 125.85, adopted by reference in 18 AAC 83.010, to the department with the permit application.

(b) An applicant for an APDES permit for a Phase II existing facility as defined in 40 C.F.R. Part 125, Subpart J, adopted by reference in 18 AAC 83.010, must submit the information required under (c) - (f) of this section and all applicable provisions of 40 C.F.R. 125.95, adopted by reference in 18 AAC 83.010, to the department as part of the applicant's application, except that the applicant's proposal for information collection must be submitted in compliance with 40 C.F.R. 125.95(b)(1), adopted by reference in 18 AAC 83.010.

(1) a narrative description and scaled drawings showing the physical configuration of all source water bodies used by the facility, including areal dimensions, depths, salinity, temperature regimes, and other documentation that supports the determination of the water body type where each cooling water intake structure is located;

(2) information identifying and characterizing the source water body's hydrological and geomorphological features, as well as the methods used to conduct any physical studies to determine the intake's area of influence within the water body and the results of the studies;

(3) locational maps;

(4) for new offshore oil and gas facilities that are not fixed facilities, a narrative description and locational maps providing information on predicted locations within the waterbody during the permit term in sufficient detail for the department to determine the appropriateness of additional impingement requirements under 40 C.F.R. 125.134(b)(4), adopted by reference in 18 AAC 83.010; and

(5) a narrative description of the cooling water intake structure(s), including

(A) the configuration of each cooling water intake structure and its location in the water body and in the water column;

(B) latitude and longitude in degrees, minutes, and seconds for each cooling water intake structure;

(C) the operation of each cooling water intake structure, including design intake flows, daily hours of operation, number of days of the year in operation, and seasonal changes, if applicable;

(D) a flow distribution and water balance diagram that includes all sources of water to the facility, recirculating flows, and discharges; and

(E) engineering drawings of each cooling water intake structure.

(d) An applicant under this section shall provide source water baseline biological characterization data to show the biological community in the vicinity of each cooling water intake structure and the operation of each cooling water intake structure. The department may use the source water baseline biological characterization data in subsequent permit renewal proceedings to determine if the design and construction technology plan required under 40 C.F.R. 125.86(b)(3) and (4), adopted by reference in 18 AAC 83.010, must be revised. Supporting information required under this subsection must include existing data if available. However, the applicant may supplement existing data using newly conducted field studies if the applicant chooses to do so. The information the applicant submits must include

(1) a list of the data in (2) - (6) of this subsection that are not available and efforts made to identify sources of the data;

(2) a list of species or relevant taxa for all life stages and their relative abundance in the vicinity of each cooling water intake structure;

(3) identification of the species and life stages that would be most susceptible to impingement and entrainment; species evaluated should include the forage base as well as those most significant to commercial and recreational fisheries;

(4) identification and evaluation of the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa;

(5) data representative of the seasonal and daily activities such as feeding and water column migration of biological organisms in the vicinity of each cooling water intake structure;

(6) identification of all threatened, endangered, and other protected species that might be susceptible to impingement and entrainment at each cooling water intake structure; and

(7) documentation of any public participation or consultation with federal or state agencies undertaken in development of the plan.

(e) If an applicant supplements the information requested in (d)(1) - (6) of this section with data collected using field studies, supporting documentation for the source water baseline biological characterization must include

(1) a description of all methods and quality assurance procedures for sampling; and

(2) data analysis including a description of

(A) the study area including, at a minimum, the area of influence of each cooling water intake structure;

(B) taxonomic identification of sampled and evaluated biological assemblages, including all life stages of fish and shellfish; and

(C) sampling and data analysis methods; the sampling and data analysis methods the applicant uses must be appropriate for a quantitative survey and based on consideration of methods used in other biological studies performed within the same source water body.

(f) An applicant for an APDES permit for a Phase II facility as defined in 40 C.F.R. Part 125, Subpart J, adopted by reference in 18 AAC 83.010, shall provide the following information for each cooling water intake structure used:

(1) a narrative description of the operation of the cooling water system, including

(A) the system's relationship to cooling water intake structures;

(B) the proportion of the design intake flow that is used in the system;

(D) seasonal changes in the operation of the system, if applicable; and

(2) design and engineering calculations prepared by a qualified professional and supporting data to support the description required by (1) of this subsection.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.385 Signature requirements for permit applications and reports

(a) An APDES permit application must be signed as follows:

(1) for a corporation, a responsible corporate officer shall sign the application; in this subsection, a responsible corporate officer means

(A) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

(B) the manager of one or more manufacturing, production, or operating facilities, if

(i) the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental statutes and regulations;

(ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and

(iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2) for a partnership or sole proprietorship, the general partner or the proprietor, respectively, shall sign the application; and

(3) for a municipality, state, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this subsection, a principal executive officer of an agency means

(A) the chief executive officer of the agency; or

(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency.

(b) Any report required by an APDES permit, and a submittal with any other information requested by the department, must be signed by a person described in (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if

(1) the authorization is made in writing by a person described in (a) of this section;

(2) the authorization specifies either

(A) an individual or a position having responsibility for the overall operation of the regulated facility or activity, including the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility; or

(B) an individual or position having overall responsibility for environmental matters for the company; and

(3) the written authorization is submitted to the department.

(c) If an authorization under (b) of this section is no longer effective because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of (b) of this section must be submitted to the department before or together with any report, information, or application to be signed by authorized representative.

(d) Any person signing a document under (a) or (b) of this section shall certify as follows: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

Article 5 Permit Conditions — General

18 AAC 83.405 Conditions applicable to all permits

(a) Incorporation of conditions. The conditions in (b) - (l) of this section and in 18 AAC 83.410 - 18 AAC 83.420 apply to all APDES permits and must be incorporated into the permits expressly or by reference along with any additional conditions required under this chapter. Any section incorporated by reference in a permit must be identified by a specific citation.

(b) Duty to comply. A permittee shall comply with all conditions of that permittee's APDES permit. Any permit noncompliance constitutes a violation of 33 U.S.C. 1251 - 1387 (Clean Water Act) and this chapter, and is grounds for an enforcement action including termination, revocation and reissuance, or modification of a permit, or denial of a permit renewal application. A permittee shall comply with effluent standards or prohibitions established under 33 U.S.C. 1317(a) for toxic pollutants within the time provided in the regulations that establish those effluent standards or prohibitions even if the permit has not yet been modified to incorporate the requirement.

(c) Duty to reapply. If a permittee wishes to continue an activity regulated by a permit after its expiration date, the permittee must apply for and obtain a new permit.

(d) Need to halt or reduce activity not a defense. In an enforcement action, a permittee may not assert as a defense that compliance with the conditions of the permit would have made it necessary for the permittee to halt or reduce the permitted activity.

(e) Duty to mitigate. A permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment.

(f) Proper operation and maintenance. A permittee shall at all times properly operate and maintain all facilities and systems of treatment and control and related appurtenances that the permittee installs or uses to achieve compliance with the conditions of the permit. The permittee's duty to operate and maintain properly includes using adequate laboratory controls and appropriate quality assurance procedures. However, a permittee is not required to operate back-up or auxiliary facilities or similar systems that a permittee installs unless operation of those facilities is necessary to achieve compliance with the conditions of the permit.

(g) Permit actions. A permit may be modified, revoked and reissued, or terminated for cause as provided in 18 AAC 83.130. If a permittee files a request to modify, revoke and reissue, or terminate a permit, or gives notice of planned changes or anticipated noncompliance, the filing or notice does not stay any permit condition.

(h) Property rights. A permit does not convey any property rights or exclusive privilege.

(i) Duty to provide information. A permittee shall, within a reasonable time, provide to the department any information that the department requests to determine whether a permittee is in compliance with the permit, or whether cause exists to modify, revoke and reissue, or terminate a permit. A permittee shall also provide to the department, upon request, copies of any records the permittee is required to keep under the permit.

(j) Inspection and entry. A permittee shall allow the department, or an authorized representative, including a contractor acting as a representative of the department at reasonable times and on presentation of credentials establishing authority and any other documents required by law, to

(1) enter the premises where a permittee's regulated facility or activity is located or conducted, or where permit conditions require records to be kept;

(2) have access to and copy any records that permit conditions require the permittee to keep;

(3) inspect any facilities, equipment, including monitoring and control equipment, practices, or operations regulated or required under a permit; and

(4) sample or monitor any substances or parameters at any location for the purpose of assuring permit compliance or as otherwise authorized by 33 U.S.C. 1251-1387 (Clean Water Act).

(k) Monitoring and records. A permittee must comply with the following monitoring and recordkeeping conditions:

(1) samples and measurements taken for the purpose of monitoring must be representative of the monitored activity;

(2) the permittee shall retain records of all monitoring information for at least three years, or longer at the department's request at any time, from the date of the sample, measurement, report, or application; monitoring records required to be kept include

(A) all calibration and maintenance records;

(B) all original strip chart recordings or other forms of data approved by the department for continuous monitoring instrumentation;

(D) records of all data used to complete the application for a permit;

(3) records of monitoring information must include

(A) the date, exact place, and time of any sampling or measurement;

(B) the name of any individual who performed the sampling or measurement;

(D) the name of any individual who performed any analysis;

(E) any analytical technique or method used; and

(F) the results of the analysis; and

(4) monitoring must be conducted according to test procedures approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, unless other test procedures have been specified in the permit.

(l) Signature requirement; penalties. Any application, report, or information submitted to the department in compliance with a permit requirement must be signed and certified in accordance with 18 AAC 83.385. Any person who knowingly makes any false material statement, representation, or certification in any application, record, report or other document filed or required to be maintained under a permit, or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or method required to be maintained under a permit shall, upon conviction, be subject to penalties under 33 U.S.C. 1319(c)(4).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.410 Special reporting obligations

(a) Planned changes. The permittee shall give notice to the department as soon as possible of any planned physical alteration or addition to the permitted facility if

(1) the alteration or addition may make the facility a "new source" under one or more of the criteria in 18 AAC 83.990(44); or

(2) the alteration or addition could significantly change the nature or increase the quantity of pollutants discharged if those pollutants are not subject to effluent limitations in the permit, or to notification requirements under 18 AAC 83.610.

(b) Anticipated noncompliance. A permittee shall give seven days notice to the department before commencing any planned change in the permitted facility or activity that may result in noncompliance with permit requirements.

(c) Transfers. A permittee may not transfer a permit for a facility or activity to any person except after notice to the department. The department may modify or revoke and reissue the permit to change the name of the permittee and incorporate other requirements of 33 U.S.C. 1251 - 1387 (Clean Water Act).

(d) Monitoring reports. At the intervals specified in the permit, monitoring results must be reported on the EPA discharge monitoring report form, as revised as of March, 1999, adopted by reference. If the permittee monitors any pollutant more frequently than the permit requires using test procedures approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, or as specified in the permit, the results of that additional monitoring must be included in the calculation and reporting of the data submitted in the discharge monitoring report. All limitations that require averaging of measurements must be calculated using an arithmetic mean unless the department specifies another method in the permit.

(e) Compliance schedules. A permittee must submit progress or compliance reports on interim and final requirements in any compliance schedule of a permit no later than 14 days following the scheduled date of each requirement.

(f) Twenty-four hour reporting. A permittee shall report any noncompliance event that may endanger health or the environment as follows:

(1) a report must be made

(A) orally within 24 hours after the permittee becomes aware of the circumstances; and

(B) in writing within five days after the permittee becomes aware of the circumstances;

(2) a report must include the following information:

(A) a description of the noncompliance and its cause;

(B) the period of noncompliance, including exact dates and times;

(C) if the noncompliance has not been corrected, a statement regarding the anticipated time the noncompliance is expected to continue; and

(D) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance;

(3) an event that must be reported within 24 hours includes

(A) an unanticipated bypass that exceeds any effluent limitation in the permit;

(B) an upset that exceeds any effluent limitation in the permit;

(C) a violation of a maximum daily discharge limitation for any of the pollutants listed in the permit as requiring 24 hour reporting;

(4) the department may waive the written report on a case-by-case basis for reports under (3) of this subsection if the oral report has been received within 24 hours.

(g) Other noncompliance. A permittee shall report all instances of noncompliance not reported under (d), (e), and (f) of this section at the time the permittee submits monitoring reports. A report of noncompliance under this subsection must contain the information listed in (f)(2) of this section.

(h) Corrective information. If a permittee becomes aware that it failed to submit a relevant fact in a permit application, or submitted incorrect information in a permit application or in any report to the department, the permittee shall promptly submit the relevant fact or the correct information.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.415 Bypass; terms and conditions

(a) Bypass is prohibited, and the department may take enforcement action against a permittee for any bypass, unless

(1) that bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) there were no feasible alternatives to the bypass, including use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; however, this condition is not satisfied if the permittee, in the exercise of reasonable engineering judgment, should have installed adequate back-up equipment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

(3) the permittee provides notice to the department of a bypass event in the following manner, as appropriate:

(A) for an anticipated bypass, the permittee submits notice at least ten days before the date of the bypass; the department may approve an anticipated bypass, after considering its adverse effects, if the department determines that it will meet the conditions of (a)(1) and (2) of this section;

(B) for an unanticipated bypass, the permittee submits 24-hour notice as required in 18 AAC 83.410(f).

(b) Notwithstanding (a) of this section, a permittee may allow a bypass that

(1) does not cause an effluent limitation to be exceeded; and

(2) is for essential maintenance to assure efficient operation.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.420 Upset; terms and conditions

(a) In any enforcement action for noncompliance with technology-based permit effluent limitations, a permittee may claim upset as an affirmative defense. A permittee seeking to establish the occurrence of an upset has the burden of proof to show that the requirements of (b) of this section are met.

(b) To establish the affirmative defense of upset, a permittee must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that

(1) an upset occurred and the permittee can identify the cause or causes of the upset;

(2) the permitted facility was at the time being properly operated;

(3) the permittee submitted 24-hour notice of the upset as required in 18 AAC 83.410(f); and

(4) the permittee complied with any mitigation measures required under 18 AAC 83.405(e).

(c) Any determination made in administrative review of a claim that noncompliance was caused by upset, before an action for noncompliance is commenced, is not final administrative action subject to judicial review.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.425 Case-by-case permit conditions and monitoring; reporting requirements

(a) In addition to conditions required in all permits under 18 AAC 83.405 - 18 AAC 83.420 and required in specific categories of permits under 18 AAC 83.610, the department will establish conditions, as required on a case-by-case basis, to assure compliance with any applicable requirement of state law and 33 U.S.C. 1251 - 1387 (Clean Water Act), and regulations, including conditions in compliance with

(1) 18 AAC 83.020, duration of APDES permits;

(2) 18 AAC 83.455, monitoring requirements; and

(3) 18 AAC 83.560, schedules of compliance.

(b) An applicable requirement is a state statutory or regulatory requirement that takes effect before final administrative disposition of a permit and also any requirement that takes effect before the modification or revocation and reissuance of a permit, to the extent allowed in 18 AAC 83.130. New or reissued permits, and modified or revoked and reissued permits to the extent allowed under 18 AAC 83.130, must incorporate each of the applicable requirements referenced in 18 AAC 83.430 - 18 AAC 83.550.

(c) All permit conditions must be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulation or requirement must be given in the permit. The monitoring and reporting requirements in APDES permits must be limited to those requirements authorized by law, including 33 U.S.C. 1318 (sec. 308, Clean Water Act), and any legal settlements, and those necessary to ascertain compliance with the effluent limitations contained in the permit and with state water quality standards.

(d) In addition to the monitoring and reporting conditions that are contained in an APDES permit under (a) - (c) of this section, the department may require the owner or operator of any point source to perform any activity listed in 33 U.S.C. 1318 whenever the department determines it is necessary to carry out the objectives set out in 33 U.S.C. 1318.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 10/23/2008, Register 188

18 AAC 83.430 Effluent limitations and standards; monitoring waiver

(a) An APDES permit must include conditions meeting the following requirements, if applicable, in addition to those set out in other sections of this chapter:

(1) technology-based effluent limitations and standards based on effluent limitations and standards promulgated under 33 U.S.C. 1311, new source performance standards promulgated under 33 U.S.C. 1316, case-by-case effluent limitations determined under 33 U.S.C. 1342(a), or a combination of the three authorities in accordance with 40 C.F.R. 125.3; for new sources or new dischargers, technology-based limitations and standards are subject to the provisions of 40 C.F.R. 122.29(d), adopted by reference in 18 AAC 83.010;

(2) other effluent limitations and standards under 33 U.S.C. 1311 - 1313, 1317, 1328, and 1345; if any applicable toxic effluent standard or prohibition, including any schedule of compliance specified in the effluent standard or prohibition, is promulgated under 33 U.S.C. 1317(a), and that standard or prohibition is more stringent than any limitation on the pollutant in the permit, the department shall commence proceedings under this chapter to modify or revoke and reissue the permit to conform to the more stringent toxic effluent standard or prohibition;

(3) requirements applicable to cooling water intake structures under 33 U.S.C. 1326(b), in accordance with 40 C.F.R. Part 125, Subparts I, J, and N, adopted by reference in 18 AAC 83.010; and

(4) for significant industrial users of a POTW without an approved pretreatment program, applicable requirements under 40 C.F.R. Part 403 - 40 C.F.R. Part 471, adopted by reference in 18 AAC 83.010(g).

(b) The department may waive monitoring for certain guideline-listed pollutants as follows:

(1) the department may authorize a discharger subject to technology-based effluent limitations guidelines and standards in APDES permit to omit sampling of a pollutant found at 40 C.F.R. Part 401 - 40 C.F.R. Part 471, adopted by reference in 18 AAC 83.010, if the discharger has demonstrated through sampling and other technical factors that the pollutant is not present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the discharger;

(2) a monitoring waiver under this subsection is not available during the term of the first permit granted to a discharger, and is effective only for the term of the permit in effect when the waiver is granted;

(3) a permittee shall submit a request for a monitoring waiver under this subsection when applying for a reissued permit or for modification of a reissued permit; the request must demonstrate through sampling or other technical information, including information generated during an earlier permit term, that the pollutant is not present in the discharge or is present only at background levels from intake water and without any increase in the pollutant due to activities of the discharger; and

(4) if a monitoring waiver is granted, the permit must include the monitoring waiver as an express permit condition, and the reasons supporting the waiver must be documented in the permit's fact sheet.

(c) Nothing in this section supersedes certification processes and requirements already established in existing effluent limitations guidelines and standards.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.435 Water quality standards and state requirements

(a) An APDES permit must include conditions to meet any applicable requirement in addition to or more stringent than promulgated effluent limitations guidelines or standards under 33 U.S.C. 1311, 1314, 1316, 1317, 1328, and 1345 if necessary to

(1) achieve water quality standards establish under 33 U.S.C. 1313, including state narrative criteria for water quality;

(2) attain or maintain a specified water quality through water quality-related effluent limits established under 33 U.S.C. 1312;

(3) incorporate any more stringent limitations, treatment standards, or schedule of compliance requirements established under federal or state statute or regulations in accordance with 33 U.S.C. 1311(b)(1)(C);

(4) ensure consistency with the requirements of a water quality management plan approved by EPA under 33 U.S.C. 1288(b);

(5) incorporate 33 U.S.C. 1343 criteria for ocean discharges under 40 C.F.R. 125.120 - 125.124, adopted by reference in 18 AAC 83.010; and

(6) incorporate alternative effluent limitations or standards where warranted by fundamentally different factors under 40 C.F.R. 125.30 - 125.32, adopted by reference in 18 AAC 83.010.

(b) Effluent limitations in a permit must control all pollutants or pollutant parameters, either conventional, nonconventional, or toxic pollutants, that the department determines are or may be discharged at a level that will cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard, including state narrative criteria for water quality.

(c) To determine whether a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a narrative or numeric criteria within a state water quality standard, the department will use procedures that account for existing controls on point and nonpoint sources of pollution, the variability of the pollutant or pollutant parameter in the effluent, the sensitivity of the species to toxicity testing when evaluating whole effluent toxicity, and, if applicable, the dilution of the effluent in the receiving water.

(d) When the department determines, using the procedures in (c) of this section, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the allowable ambient concentration of a state numeric criteria within a state water quality standard for an individual pollutant, the permit must contain effluent limits for that pollutant.

(e) When the department determines, using the procedures in (c) of this section, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above the numeric criterion for whole effluent toxicity, the permit must contain effluent limits for whole effluent toxicity.

(f) Except as provided in this subsection, when the department determines, using the procedures in (c) of this section, toxicity testing data, or other information, that a discharge causes, has the reasonable potential to cause, or contributes to an in-stream excursion above a narrative criterion within an applicable state water quality standard, the permit must contain effluent limits for whole effluent toxicity. Limits on whole effluent toxicity are not required if the department demonstrates in the fact sheet of the APDES permit, using the procedures in (c) of this section, that chemical-specific limits for the effluent are sufficient to attain and maintain applicable numeric and narrative state water quality standards.

(g) When the state has not established a water quality criterion for a specific chemical pollutant that is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion above a narrative criterion within an applicable state water quality standard, the department will establish effluent limits using one or more of the following options:

(1) establish effluent limits using a calculated numeric water quality criterion for the pollutant that the department demonstrates will attain and maintain applicable narrative water quality criteria and will fully protect the designated use; the criterion may be derived using a proposed state criterion, or an explicit state policy or regulation interpreting its narrative water quality criterion, supplemented with other relevant risk assessment data, exposure data, or other information that may include EPA's Water Quality Standards Handbook as revised as of August 1994, adopt by reference;

(2) establish effluent limits on a case-by-case basis, using EPA's water quality criteria, published under 33 U.S.C. 1314(a), supplemented if necessary by other relevant information;

(3) establish effluent limits on an indicator parameter for the pollutant of concern, if

(A) the permit identifies which pollutants are intended to be controlled by the use of the effluent limitation;

(B) the fact sheet sets out the basis for the limit, including a finding that compliance with the effluent limit on the indicator parameter will result in controls on the pollutant of concern that are sufficient to attain and maintain applicable water quality standards;

(C) the permit requires all effluent and ambient monitoring necessary to show that during the term of the permit the limit on the indicator parameter continues to attain and maintain applicable water quality standards; and

(D) the permit contains a reopener clause allowing the department to modify or revoke and reissue the permit if the limits on the indicator parameter no longer attain and maintain applicable water quality standards.

(h) When developing water quality-based effluent limits under this section, the department shall ensure that

(1) the level of water quality to be achieved by limits on point sources established under this section is derived from, and complies with, all applicable water quality standards; and

(2) effluent limits developed to protect a narrative water quality criterion, a numeric water quality criterion, or both, are consistent with the assumptions and requirements of any available wasteload allocation for the discharge prepared by the state and approved by EPA under 40 C.F.R. 130.7, as revised as of July 1, 2005.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.440 Technology-based controls for toxic pollutants

(a) An APDES permit must include limitations established under 18 AAC 83.430 and 18 AAC 83.435 to control toxic pollutants that the department determines are or may be discharged at a level greater than the level achievable by the technology-based treatment requirements appropriate to the permittee under 40 C.F.R. 125.3(c), adopted by reference in 18 AAC 83.010.

(b) In determining whether to include limitations on toxic pollutants in a permit under this section, the department will consider information reported in a permit application under 18 AAC 83.310 or in a notification under 18 AAC 83.610, or other relevant information. The fact sheet must explain the development of limitations included in the permit.

(1) the toxic pollutants identified for limits under (a) of this section; or

(2) other pollutants which, in the determination of the department, will provide treatment of the pollutants to the levels required by 40 C.F.R. 125.3(c), adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.445 Notification level

An APDES permit must include a condition requiring a notification level that exceeds the notification level of 18 AAC 83.610(b)(1)(A) - (C), if the permittee in a petition or the department on its own initiative, seeks a new notification level. A new notification level imposed under this section may not exceed the level that can be achieved by the technology-based treatment requirements appropriate to the permittee under 40 C.F.R. 125.3(c), adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.450 Twenty-four hour reporting for certain pollutants

A permit must list pollutants for which the permittee is required to report violations of maximum daily discharge limitations within 24 hours under 18 AAC 83.410(f). Listed pollutants must include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.455 Monitoring requirements

(a) A permit must include the following requirements for monitoring and reporting:

(1) provisions concerning the proper use, maintenance, and installation of appropriate monitoring equipment or methods, including biological monitoring methods;

(2) the type, intervals and frequency of monitoring required to yield data that are representative of the monitored activity, including continuous monitoring when appropriate;

(3) provisions for reporting the results of monitoring, including frequency, appropriate for the regulated activity based on the impact of that activity and as specified in (b) - (e) of this section;

(4) monitoring sufficient to assure compliance with permit limitations for

(A) the mass or other measurement specified in the permit for each pollutant limited in the permit;

(B) the volume of effluent discharged from each outfall; and

(i) pollutants in internal waste streams under 18 AAC 83.550;

(ii) pollutants in intake water for net limitations under 18 AAC 83.545;

(iii) frequency, rate of discharge, and other requirements for noncontinuous discharges under 18 AAC 83.535; and

(iv) pollutants subject to notification requirements under 18 AAC 83.610; and

(5) analyses of pollutants using test procedures approved under 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, for pollutants with approved test procedures, and using test procedures specified in the permit for pollutants without approved methods.

(b) Except as provided in (d) and (e) of this section, the department will establish requirements to report monitoring results, including the frequency of required reports, on a case-by-case basis depending on the nature and effect of the discharge. The department will require a monitoring report from a permittee under this subsection at least once a year.

(c) The department will establish requirements to report monitoring results, including the frequency of required reports, for storm water discharges associated with industrial activity that are subject to an effluent limitation guideline, on a case-by-case basis depending on the nature and effect of the discharge. The department will require monitoring results from a permittee under this subsection at least once a year.

(d) Except as provided in (c) of this section, the department will establish monitoring report requirements for storm water discharges associated with industrial activity, on a case-by-case basis, with a frequency dependent on the nature and effect of the discharge, but in no case less than once a year. A permit for a discharge described in this subsection must, at a minimum, require the discharger to

(1) conduct an annual inspection of the facility site to identify areas contributing to a storm water discharge associated with industrial activity and evaluate whether measures to reduce pollutant loadings identified in a storm water pollution prevention plan are adequate and properly implemented in accordance with the terms of the permit or whether additional control measures are needed;

(2) maintain for a period of three years a record summarizing the results of the inspection and a certification that the facility is in compliance with the plan and the permit, and identifying any incidents of non-compliance;

(3) sign and certify the report in compliance with 18 AAC 83.385; and

(4) submit, once every three years, a registered professional engineer's certification that the facility is in compliance with the permit, or to comply with alternative requirements approved by the department if an annual inspection is impracticable for a discharger of storm water associated with industrial activity from inactive mining operations.

(e) A permit that does not require monitoring results reports at least annually must require the permittee to report, at least annually, all instances of noncompliance not reported under 18 AAC 83.410(f).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.460 Pretreatment program for POTWs

(a) A POTW permit must include pretreatment program conditions requiring the permittee to

(1) identify, in terms of character and volume of pollutants, any significant indirect dischargers into the POTW subject to pretreatment standards under 33 U.S.C. 1317(b) and 40 C.F.R. Part 403, adopted by reference in 18 AAC 83.010;

(2) submit a local program when required by and in accordance with 40 C.F.R. Part 403, adopted by reference in 18 AAC 83.010, to assure compliance with pretreatment standards to the extent applicable under 33 U.S.C. 1317(b); the local program must be incorporated into the permit as described in 40 C.F.R. Part 403, adopted by reference in 18 AAC 83.010, and must require all indirect dischargers to the POTW to comply with the reporting requirements of 40 C.F.R. Part 403, adopted by reference in 18 AAC 83.010; and

(3) provide a written technical evaluation of the need to revise local limits under 40 C.F.R. 403.5(c)(1), adopted by reference in 18 AAC 83.010, following permit issuance or reissuance.

(b) A permit issued to a POTW that is not required to develop a local program under (a)(2) of this section must require the POTW to develop effluent limits when required by and in compliance with 40 C.F.R. 403.5(c)(2), adopted by reference in 18 AAC 83.010.

(c) The department will enforce compliance with pretreatment standards, including local limits, established under 40 C.F.R. Part 403 or developed by a POTW as part of its local program or in accordance with (b) of the section.

(d) A POTW that is a sludge-only facility shall develop a pretreatment program under 40 C.F.R. Part 403, adopted by reference in 18 AAC 83.010, when the regional administrator determines that a pretreatment program is necessary to assure compliance with 33 U.S.C. 1345(d).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.475 Best management practices

A permit must include best management practices to control or abate the discharge of pollutants in the permit when

(1) authorized under 33 U.S.C. 1314(e) for the control of toxic pollutants and hazardous substances from ancillary industrial activities;

(2) authorized under 33 U.S.C. 1342(p) for the control of storm water discharges;

(3) numeric effluent limitations are infeasible; or

(4) the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of 33 U.S.C. 1251 - 1387 (Clean Water Act).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.480 Reissued permits

(a) Except as provided in (b) of this section, when a permit is renewed or reissued, interim effluent limitations, standards, or conditions must be at least as stringent as the final effluent limitations, standards, or conditions in the previous permit, unless the circumstances on which the previous permit was based have materially and substantially changed since the permit was issued, and the change in circumstances would constitute cause for permit modification or revocation and reissuance under 18 AAC 83.135.

(b) In the case of effluent limitations established on the basis of 33 U.S.C. 1342(a)(1)(B), a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under 33 U.S.C. 1314(b) after the original issuance of the permit to contain effluent limitations that are less stringent than the comparable effluent limitations in the previous permit, except that a permit under this subsection may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant, if

(1) a material and substantial alteration or addition to the permitted facility that justifies the application of a less stringent effluent limitation occurred after permit issuance;

(2) information other than revised regulations, guidance, or test methods that would have justified the application of a less stringent effluent limitation is now available but was not available at the time of permit issuance, or the department determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under 33 U.S.C. 1342(a)(1)(b);

(3) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy;

(4) the permittee has received a permit modification under 33 U.S.C. 1311(c), (g) - (i), (k), (n), or 1326(a); or

(5) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved, but shall not be less stringent than required by effluent guidelines in effect at the time the permit was renewed, reissued, or modified.

(c) A permit to which (b) of this section applies may not be renewed, reissued, or modified to contain an effluent limitation that is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. A permit may not be renewed, issued, or modified to contain a less stringent effluent limitation if implementation of the less stringent limitation would result in a violation of a water quality standard under 33 U.S.C. 1313 or 18 AAC 70.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.485 Privately-owned treatment works

A permit granted to a privately owned treatment works must include any condition expressly applicable to any user, as a limited co-permittee, that may be necessary to ensure compliance with applicable requirements under this chapter. Alternatively, the department may issue a separate permit to the treatment works and to one or more of its users, or may require a separate permit application from any user. The department's decision to issue a permit without conditions applicable to any user, to impose conditions on one or more users, to issue separate permits, or to require separate applications, and the basis for that decision, must be stated in the fact sheet for the draft permit for the treatment works.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.490 Grants

An APDES permit must include any applicable condition imposed in a grant made by the administrator to a POTW under 33 U.S.C. 1281 and 1284 that is reasonably necessary for the achievement of effluent limitations under 33 U.S.C. 1311.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.495 Coast Guard

When the department issues a permit to a facility that may operate at certain times as a means of transportation over water, the permit must require the discharge to comply with any applicable regulation promulgated by the secretary of the department in which the United States Coast Guard is operating that establishes specifications for safe transportation, handling, carriage, and storage of pollutants.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.500 Navigation

An APDES permit must include any applicable condition that the Secretary of the United States Army Corps of Engineers considers necessary to ensure that navigation and anchorage will not be substantially impaired in accordance with 18 AAC 83.120(i).

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.505 Qualifying state, tribal, or local programs involving small construction activity

For storm water discharges associated with small construction activity identified in 40 C.F.R. 122.26(b)(l5), adopted by reference in 18 AAC 83.010, the department may include permit conditions that incorporate qualifying state, tribal, or local erosion and sediment control program requirements by reference. When a qualifying state, tribal, or local erosion and sediment control program does not include one or more of the elements in (1) - (4) of this section, the department must include those elements as conditions in the permit. A qualifying state, tribal, or local erosion and sediment control program is one that includes a requirement that

(1) any construction site operator must implement appropriate erosion and sediment control best management practices;

(2) any construction site operator must control waste that may cause adverse impacts to water quality, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site;

(3) any construction site operator must develop and implement a storm water pollution prevention plan, which must include site descriptions, descriptions of appropriate control measures, maintenance procedures, inspection procedures, identification of non-storm water discharges, and copies of approved state, tribal, or local requirements; and

(4) a site plan be submitted for review that incorporates consideration of potential water quality impacts.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.510 Qualifying state, tribal, or local programs involving other construction activity

For storm water discharges from construction activity identified in 40 C.F.R. 122.26(b)(14)(x), adopted by reference in 18 AAC 83.010, the department may include permit conditions that incorporate qualifying state, tribal, or local erosion and sediment control program requirements by reference. A qualifying state, tribal, or local erosion and sediment control program is one that includes the elements listed in 18 AAC 83.505 and any additional requirements necessary to achieve the applicable technology-based standards of best available technology and best conventional technology as determined by the department using best professional judgment.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.515 Effluent limitations for outfalls and discharge points

All permit effluent limitations, standards and prohibitions must be calculated and established for each outfall or discharge point of the permitted facility, except as otherwise provided under 18 AAC 83.475(3) and 18 AAC 83.550.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.520 Production-based limitations

(a) For a POTW, permit effluent limitations, standards, or prohibitions must be calculated based on design flow. Except for a POTW or as provided in (b) of this section, any permit limitations, standards, or prohibitions that are based on production or other measure of operation must be calculated on a reasonable measure of actual production of the facility, not on the designed production capacity. A new source or new discharger must estimate actual production based on projected production. The measure of production must be calculated over a time period corresponding to the time period of the calculated permit limitations; for example, monthly production must be used to calculate average monthly discharge limitations.

(b) The department may include a condition establishing alternate permit limitations, standards, or prohibitions based upon an anticipated decrease or increase in production levels, but not exceeding maximum production capability.

(c) For the automotive manufacturing industry only, the department may establish a condition under (b) of this section if the applicant satisfactorily demonstrates to the department when the application is submitted that its actual production is substantially below maximum production capability and actual production, as delineated in (a) of this section, has reasonable potential to increase during the term of the permit.

(d) If the department establishes permit conditions under (b) of this section, the permit must require the permittee to

(1) notify the department at least two business days before a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit; the notice must specify the anticipated level and the period during which the permittee expects to operate at the alternate level; if the notice covers more than one month, the notice must specify the reasons for the anticipated production level increase; a new notice of discharge at an alternate level is required to cover a period or production level not covered by a previous notice or, if during two consecutive months otherwise covered by a notice, the production level at the permitted facility does not in fact meet the higher level designated in the notice;

(2) comply with the limitations, standards, or prohibitions that correspond to the lowest level of production specified in the permit, unless the permittee has notified the department under (d)(1) of this section, in which case the permittee shall comply with the lower of the actual level of production during each month or the level specified in the notice; and

(3) submit with the discharge monitoring report the level of production that actually occurred during each month and the limitations, standards, or prohibitions applicable to that level of production.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.525 Effluent limitations for metals

Any permit effluent limitation, standard, or prohibition for a metal must be expressed in terms of "total recoverable metal" as defined in 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010, unless

(1) an applicable effluent standard or limitation has been promulgated under 33 U.S.C. 1251 - 1387 (Clean Water Act) and specifies the limitation for the metal in the dissolved, valent, or total form;

(2) in establishing permit limitations on a case-by-case basis under 40 C.F.R. 125.3, it is necessary to express the limitation on the metal in the dissolved, valent, or total form to carry out the provisions of 33 U.S.C. 1251 - 1387 (Clean Water Act); or

(3) all approved analytical methods for the metal inherently measure only its dissolved form, such as hexavalent chromium.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.530 Effluent limitations for continuous discharges

For a continuous discharge, any permit effluent limitation, standard, and prohibition, including those necessary to achieve water quality standards, must, unless impracticable, be stated as

(1) a maximum daily and average monthly discharge limitation for any discharger other a POTW; and

(2) an average weekly and average monthly discharge limitation for a POTW.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.535 Effluent limitations for non-continuous discharges

In a permit, a discharge that is not a continuous discharge must be particularly described and limited, considering the following factors, if applicable:

(1) frequency;

(2) total mass;

(3) maximum rate of discharge of pollutants during the discharge;

(4) prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.540 Mass limitations

(a) In a permit, any limitation, standard, or prohibition of a pollutant must be expressed in terms of mass, except

(1) pH, temperature, radiation, or other pollutants that cannot appropriately be expressed by mass; or

(2) if applicable standards and limitations are expressed in terms of other units of measurement.

(b) If, in establishing permit limitations on a case-by-case basis, the department finds a limitation expressed in terms of mass is infeasible because the mass of the pollutant discharged cannot be related to a measure of operation, such as a discharge of total suspended solids from certain mining operations, the department will limit the pollutant through another appropriate unit of measurement. In this case, the department will include permit conditions to ensure that dilution will not be used as a substitute for treatment.

(c) A pollutant limited in terms of mass may also be limited in terms of other units of measurement, and the permit must require the permittee to comply with both limitations.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.545 Credits for pollutants in intake water

(a) Except as provided in (d) - (h) of this section, upon request of a discharger, the department may adjust technology-based effluent limitations and standards or water quality-based effluent limitations and standards to reflect net credits for pollutants in the discharger's intake water if

(1) the applicable effluent limitations and standards contained in 40 C.F.R. Part 401 - 40 C.F.R. Part 471, adopted by reference in 18 AAC 83.010, specifically provide that those limitations and standards must be applied on a net basis; or

(2) the discharger demonstrates that the control system it uses or proposes to use to meet applicable technology-based limitations and standards or water quality-based effluent limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.

(b) If under (a)(2) of this section the department finds that an intake pollutant in the discharge does not cause, have the reasonable potential to cause, or contribute to an exceedance of an applicable water quality standard, the department may include a technology-based or water quality-based effluent limitation for the identified intake pollutant in the discharger's permit that specifies how compliance with the limits will be assessed.

(c) When the department evaluates a control system under (a)(2) of this section, the department may derive an effluent limitation reflecting the flow-weighted amount of each source of the pollutant if

(1) intake pollutants are discharged from multiple sources that originate from the receiving water body and from other water bodies; and

(2) the department determines that compliance can be established through adequate monitoring requirements that are included in the permit.

(d) The department will not grant net credits for generic pollutants such as biological oxygen demand or total suspended solids under this section unless the discharger demonstrates that the constituents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless the department places appropriate additional limits on process water pollutants either at the outfall or elsewhere.

(e) The department will grant net credits only to the extent necessary to meet the applicable limitation and standard, up to a maximum value equal to the influent value. The department may require additional monitoring to determine eligibility for credits and compliance with permit limits.

(f) The department will not grant net credits unless the discharger demonstrates that the discharge does not contribute to an increase in the concentration or mass of the identified pollutant for which a net credit is applied to the facility effluent.

(g) The department will grant net credits only if the discharger demonstrates that the intake pollutant is from the same body of water into which the discharge is made. The department may waive this requirement if it finds that environmental degradation will not result from a waiver. The department will consider an intake pollutant is from the "same body of water" into which the discharge is made if the department determines that

(1) the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the discharger and the discharger demonstrates that:

(A) the concentration of the pollutant in the receiving water, excluding any amount of the pollutant in the discharge, is similar to that in the intake water;

(B) there is a direct hydrological connection between the intake and discharge points; and

(C) water quality characteristics, including temperature, pH, and hardness, are similar in the intake and receiving waters;

(2) site-specific factors relevant to the transport and fate of the pollutant indicate that the intake pollutant would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the discharger; or

(3) the intake pollutant originated from groundwater and would have reached the vicinity of the outfall point in the receiving water within a reasonable period had it not been removed by the discharger; for purposes of this paragraph, a pollutant is not from the "same body of water" if the groundwater contains the pollutant partially or entirely due to human activity, including industrial, commercial, or municipal operations, disposal actions, or treatment processes.

(h) This section does not apply to the discharge of raw water clarifier sludge generated from the treatment of intake water.

(i) In this section, "intake pollutant" means a pollutant that is present in waters of the state at the time it is withdrawn from state waters by the discharger or other facility supplying the discharger with intake water.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 8/13/2025, Register 255

18 AAC 83.550 Limitations on internal waste streams

(a) If permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible to monitor, effluent limitations or standards for discharges of pollutants may be imposed on internal waste streams before those streams are mixed with other waste streams or cooling water streams. In that case, the monitoring required by 18 AAC 83.455 shall also apply to the internal waste streams.

(b) Limits on internal waste streams will be imposed only if the fact sheet sets out the exceptional circumstances that justify those limitations; exceptional circumstances include the following:

(1) the final discharge point is inaccessible;

(2) the wastes at the point of discharge are so diluted as to make monitoring impracticable;

(3) the interferences among pollutants at the point of discharge would make detection or analysis impracticable.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.555 Adjustments in calculating effluent limitations

(a) Except as provided in (b) of this section, when part of a discharger's process wastewater is not being discharged into waters of the United States or contiguous zone because it is disposed into a well, into a POTW, or by land application, thereby reducing the flow or level of pollutants discharged into waters of the United States, the department will adjust the applicable effluent standards and limitations for the discharge in an APDES permit to reflect the reduced raw waste resulting from the disposal. The department will calculate the effluent limitations and standards in the permit by one of the following methods:

(1) if none of the waste from a particular process is discharged into waters of the United States, and effluent limitations guidelines provide a separate allocation for wastes from that process, the department will eliminate any allocation for the process from calculation of permit effluent limitations or standards;

(2) in any case where (a)(1) of this subsection does not apply, the department will adjust effluent limitations by multiplying the effluent limitation derived by applying effluent limitations guidelines to the total waste stream by the amount of wastewater flow to be treated and discharged into waters of the United States, and dividing the result by the total wastewater flow; effluent limitations and standards calculated in this manner may be further adjusted under 40 C.F.R. 125.30 - 125.32, adopted by reference in 18 AAC 83.010, to make them more or less stringent if discharge to a well, POTW, or by land application changes the character or treatability of the pollutants being discharged to receiving waters; this method may be algebraically expressed as:

P = E x N

Where:

P = the permit effluent limitation;

E = the limitation derived by applying effluent guidelines to the total wastestream;

N = the wastewater flow to be treated and discharged to waters of the United States; and

T = the total wastewater flow.

(b) This section does not apply if any adopted effluent limitation guideline

(1) controls concentrations of pollutants discharged but not mass; or

(2) specifies a different specific technique for adjusting effluent limitations to account for well injection, land application, or disposal into POTWs.

(c) This section does not alter a discharger's obligation to meet any more stringent requirements established under this chapter.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.560 Schedules of compliance

(a) An APDES permit may, when appropriate, specify a schedule of compliance leading to compliance with 33 U.S.C. 1251 - 1387 (Clean Water Act) and this chapter. Any schedule of compliance under this section must require compliance as soon as possible, but no later than the applicable statutory deadline under 33 U.S.C. 1251 - 1387 (Clean Water Act). The first APDES permit issued to a new source or a new discharger may contain a schedule of compliance only if necessary to allow the discharger a reasonable opportunity to comply with requirements issued or revised after construction of the discharger's facility commenced but less than three years before the relevant discharge commenced. For recommencing dischargers, any subsequent permit may contain a schedule of compliance only when necessary to allow that discharger a reasonable opportunity to comply with requirements issued or revised less than three years before recommencement of discharge.

(b) If a permit establishes a schedule of compliance under this section that exceeds one year from the date of permit issuance, the schedule must set out interim requirements and dates for achievement of the interim requirements. If the schedule includes interim requirements,

(1) the time between interim requirements must not exceed one year; or

(2) if the time necessary for completion of any interim requirement, such as the construction of a control facility, is more than one year and cannot easily be divided into stages for completion, the permit must specify dates for the discharger to report progress toward completion of the interim requirements and the projected completion date.

(c) An APDES permit containing a schedule of compliance under this section must be written to require the permittee to notify the department in writing of the permittee's compliance or noncompliance with the interim or final requirements, or if (b)(2) of this section is applicable, to submit progress reports, no later than 14 days following each interim date and the final date of compliance.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

Article 6 Requirements and Permit Conditions Specific to Type of Discharge

18 AAC 83.605 Domestic wastewater secondary treatment requirements

A permit issued to a domestic wastewater secondary treatment facility must include as a condition compliance with the applicable requirements set out in 40 C.F.R. 133.100 - 40 C.F.R. 133.105, adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.610 Additional conditions applicable to specified categories of permits

(a) Compliance. A permit issued to specific dischargers described in this section must include as a condition compliance with the applicable requirements under this section.

(b) Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the reporting requirements under 18 AAC 83.410, an existing manufacturing, commercial, mining, and silvicultural discharger shall notify the department as soon as that discharger knows or has reason to believe that any activity has occurred or will occur that would result in

(1) the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:

(A) one hundred micrograms per liter (100 µg/l);

(B) two hundred micrograms per liter (200 µg/l) for acrolein and acrylonitrile; 500 micrograms per liter (500 µg/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 µg/l) for antimony;

(C) five times the maximum concentration value reported for that pollutant in the permit application in accordance with 18 AAC 83.310(c) - (g);

(D) the level established by the department in accordance with 18 AAC 83.445;

(2) any discharge, on a non-routine or infrequent basis, of a toxic pollutant that is not limited in the permit, if that discharge will exceed the highest of the following notification levels:

(A) five hundred micrograms per liter (500 µg/l);

(B) one milligram per liter (1 µg/l) for antimony;

(C) ten times the maximum concentration value reported for that pollutant in the permit application in accordance with 18 AAC 83.310(c) - (g);

(D) the level established by the department in accordance with 18 AAC 83.445;

(c) POTWs. Any POTW shall provide adequate notice to the department, including information on the quantity and quality of effluent introduced into the POTW, and any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW as soon as the POTW has knowledge of a change, but no later than seven days in advance of any

(1) new introduction of pollutants into the POTW from an indirect discharger if that introduction of pollutants would be subject to 33 U.S.C. 1311 or 33 U.S.C. 1316 if the POTW directly discharged those pollutants; and

(2) substantial change in the volume or character of pollutants being introduced into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit.

(d) Municipal separate storm sewer systems. The operator of a large or medium municipal separate storm sewer system or a municipal separate storm sewer that the department has designated under 40 C.F.R. 122.26(a)(1)(v), adopted by reference in 18 AAC 83.010, shall submit an annual report by the anniversary of the date of the issuance of the permit for that system. The report must include

(1) the status of implementing any component of the storm water management program that is established as a permit condition;

(2) any proposed change to the storm water management program that is established as a permit condition; a proposed change under this subsection must be consistent with 40 C.F.R. 122.26(d)(2), adopted by reference in 18 AAC 83.010;

(3) any necessary revision to the assessment of controls and the fiscal analysis reported in the permit application under 40 C.F.R. 122.26(d)(2), adopted by reference in 18 AAC 83.010;

(4) a summary of data, including monitoring data, that are accumulated throughout the reporting year;

(5) annual expenditures and budget for the year following each annual report;

(6) a summary describing the number and nature of enforcement actions, inspections, and public education programs; and

(7) identification of water quality improvement or degradation.

(e) Storm water discharges. An initial permit for discharges composed entirely of storm water issued under 40 C.F.R. 122.26(e)(7), adopted by reference in 18 AAC 83.010, must require compliance with the conditions of the permit as expeditiously as practicable, but in no event later than three years after the date of issuance of the permit.

(f) Concentrated animal feeding operations. Any permit issued to a concentrated animal feeding operation must include the applicable requirements set out in 40 C.F.R. 122.42(e), adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.615 Storm water discharges

A permit issued to any facility discharging storm water must include as a condition compliance with the applicable requirements set out in 40 C.F.R. 122.26, adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.620 Requirements for concentrated aquatic animal production facilities

(a) A concentrated aquatic animal production facility is a point source subject to the APDES permit program.

(b) The department may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the United States. In making this designation, the department shall consider the following factors:

(1) the location and quality of the receiving waters of the United States;

(2) the holding, feeding, and production capacities of the facility;

(3) the quantity and nature of the pollutants reaching waters of the United States;

(4) other relevant factors.

(c) A concentrated aquatic animal production facility designated under (b) of this section is not required to submit a permit application until the department has conducted an on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.625 Requirements for aquaculture projects

A permit issued to any aquaculture facility must include as a condition compliance with the applicable requirements set out in 40 C.F.R. 122.25 and 40 C.F.R. 125.10 - 40 C.F.R. 125.11, adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.630 Requirements for concentrated animal feeding operations

A permit issued to any concentrated animal feeding operation must include as a condition compliance with the applicable requirements set out in 40 C.F.R. 122.23, adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

18 AAC 83.635 Requirements for silviculture

A silvicultural point source is a point source subject to the APDES permit program. A permit issued to a silvicultural point source must include as conditions of compliance the applicable requirements set out in 40 C.F.R. Part 429, Subpart I and 40 C.F.R. Part 436, Subpart B, as adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

18 AAC 83.640 Requirements for cooling water intake structures

A permit issued to any new or existing Phase II facility with a cooling water intake structure must include as a condition compliance with the applicable requirements set out in 40 C.F.R. 125.80 through 40 C.F.R. 125.99, adopted by reference in 18 AAC 83.010.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179

Article 7 General Provisions

18 AAC 83.905 Permit fees

(a) General permit fees. An applicant must pay the appropriate fee listed in Table E of 18 AAC 72.956 to discharge pollutants under an existing general permit issued under this chapter, or for authorization to discharge pollutants under a general NPDES permit issued by EPA that the department has certified under 33 U.S.C. 1341. The provisions of 18 AAC 72.956 apply to payment of the fees under this subsection.

(b) Individual permit fees. An applicant must pay the appropriate fee listed in Table F of 18 AAC 72.957 for authorization to discharge pollutants under an individual APDES permit issued under this chapter or for certification of an individual NPDES permit issued by EPA as required by 33 U.S.C. 1341. The provisions of 18 AAC 72.957 apply to payment of the fees under this subsection.

(c) Hourly and negotiated fees. The department will calculate a fee in compliance with 18 AAC 72.959(b) and payable under 18 AAC 72.959(c) for activities or authorizations related to a discharge that is

(1) not listed or for which a fee is not listed in (a) or (b) of this section; and

(2) associated with a facility described in 18 AAC 72.959(a)(2).

(d) Fee determination or computation appeals. A person subject to a fee under this chapter who disputes a fee determination or computation of fees may request review under 18 AAC l5.190.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.110 AS 44.46.025; AS 46.03.050 AS 46.03.010; AS 46.03.100
Eff. 7/29/2006, Register 179; am 10/22/2016, Register 220

18 AAC 83.990 Definitions

Unless the context indicates otherwise, in this chapter

(1) "administrator" means the administrator of the United States Environmental Protection Agency, or an authorized representative;

(2) "Alaska Pollutant Discharge Elimination System" or "APDES" means the state's program, approved by EPA under 33 U.S.C. 1342(b), for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under 33 U.S.C. 1317, 1328, 1342, and 1345;

(3) "animal feeding operation" has the meaning given in 40 C.F.R. 122.23, adopted by reference in 18 AAC 83.010;

(4) "applicable standards and limitations" means all state, interstate, and federal standards and limitations to which a discharge or a related activity is subject under 33 U.S.C. 1251 - 1387 (Clean Water Act), including effluent limitations, water quality standards, standards of performance, toxic effluent standards or prohibitions, best management practices and pretreatment standards under 33 U.S.C. 1311 - 1314, 1316 - 1318, and 1343;

(5) "application" means a submission of required information on

(A) the EPA standard national forms for applying for a National Pollutant Discharge Elimination System (NPDES) permit, adopted by reference in 18 AAC 83.305; or

(B) the department equivalent forms adopted by the state for use in the APDES program and approved by EPA for use by the state, including any approved modifications or revisions;

(6) "aquaculture project" has the meaning given in 40 C.F.R. 122.25, adopted by reference in 18 AAC 83.010;

(7) "average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month;

(8) "average weekly discharge limitation" means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week;

(9) "best management practices" means

(A) schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States; and

(B) treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage;

(10) "bypass" means the intentional diversion of waste streams from any portion of a treatment facility;

(11) "commissioner" means the commissioner of the Department of Environmental Conservation;

(12) "concentrated animal feeding operation" has the meaning given in 40 C.F.R. 122.23, adopted by reference in 18 AAC 83.010;

(13) "concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility that meets the criteria in Appendix C to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010, or that the department designates under 18 AAC 83.620(b);

(14) "contiguous zone" means the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone;

(15) "continuous discharge" means a discharge that occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar activities;

(16) "Clean Water Act" means the federal law codified at 33 U.S.C. 1251 - 1387, also known or referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972);

(17) "Clean Water Act and regulations" means 33 U.S.C. 1251 - 1387 and applicable regulations promulgated under 33 U.S.C. 1251 - 1387, including the APDES requirements;

(18) "daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling; the daily discharge is calculated for a pollutant with limitations expressed in

(A) units of mass, as the total mass of the pollutant discharged over the day, and

(B) other units of measurement, as the average measurement of the pollutant over the day;

(19) "department" means the Department of Environmental Conservation;

(20) "direct discharge" means the discharge of a pollutant;

(21) "director" means the commissioner or the commissioner's designee assigned to administer the APDES program or a portion of it, unless the context identifies an EPA director;

(22) "discharge" when used without qualification means the discharge of a pollutant;

(23) "discharge of a pollutant"

(A) means any addition of any pollutant or combination of pollutants

(i) to waters of the United States from any point source; or

(ii) to waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft that is being used as a means of transportation;

(B) includes any addition of pollutants into waters of the United States from

(i) surface runoff that is collected or channeled by humans;

(ii) discharges through pipes, sewers, or other conveyances owned by a state, municipality, or other person that do not lead to a treatment works; and

(iii) discharges through pipes, sewers, or other conveyances leading into privately owned treatment works;

(24) "discharge monitoring report" means the EPA uniform national form, adopted by reference in 18 AAC 83.410(d), for the reporting of self-monitoring results by permittees, including any department equivalent modified to substitute the department's name, address, logo, and other similar information, as appropriate, in place of information pertaining to EPA;

(25) "draft permit" means a document prepared under 18 AAC 83.115, indicating the department's tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a permit;

(26) "effluent limitation" or "effluent limit" means any restriction imposed by the department on quantities, discharge rates, and concentrations of pollutants that are discharged from point sources into waters of the United States, the waters of the contiguous zone, or the ocean;

(27) "effluent limitations guidelines" means a regulation published by the administrator under 33 U.S.C. 1314(b) to adopt or revise effluent limitations, and adopted by reference in 18 AAC 83.010;

(28) "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency;

(29) "facility or activity" means any point source or any other facility or activity, including land or appurtenances, that is subject to regulation under the APDES program;

(30) "federal Indian reservation" means all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;

(31) "general permit" means an APDES permit issued under 18 AAC 83.205, or an NPDES permit issued by EPA under 40 C.F.R. 122.28 before the state's acceptance of delegation of the NPDES program, authorizing a category of discharges under 33 U.S.C. 1251 - 1387 within a geographical area;

(32) "hazardous substance" means any substance designated under 40 C.F.R. Part 116 in accordance with 33 U.S.C. 1321;

(33) "Indian tribe" means any Indian tribe, band, group, or community recognized by the United States Secretary of the Interior and exercising governmental authority over a federal Indian reservation;

(34) "indirect discharger" means a nondomestic discharger introducing pollutants to a POTW;

(35) "individual control strategy" has the meaning given in 40 C.F.R. 123.46(c), revised as of July 1, 2005, adopted by reference;

(36) "interstate agency" means an agency of two or more states established by or under an agreement or compact approved by the United States Congress, or any other agency of two or more states having substantial powers or duties pertaining to the control of pollution as determined and approved by the administrator under 33 U.S.C. 1251 - 1387 and regulations adopted under those provisions;

(37) "major facility" means any NPDES facility or activity classified as a major facility by the regional administrator, or any APDES facility or activity classified as a major facility by the regional administrator in conjunction with the department;

(38) "maximum daily discharge limitation" means the highest allowable daily discharge;

(39) "minor facility" means any facility that is not a major facility;

(40) "municipality" means a city, town, borough, village, district, association, or other public body created by or under state law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under 33 U.S.C. 1288;

(41) "municipal separate storm sewer system" or "MS4" has the meaning given in 40 C.F.R. 122.26(b)(4) and (b)(7), adopted by reference in 18 AAC 83.010;

(42) "National Pollutant Discharge Elimination System" or "NPDES"

(A) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under 33 U.S.C. 1317, 1328, 1342, and 1345;

(B) includes the APDES program as approved by EPA;

(43) "new discharger"

(A) means any building, structure, facility, or installation

(i) from which there is or may be a discharge of pollutants;

(ii) that did not commence the discharge of pollutants at a particular site before August 13, 1979;

(iii) that is not a new source; and

(iv) that has never received a finally effective NDPES permit for discharges at that site;

(B) includes

(i) an indirect discharger that commenced or commences discharging into waters of the United States after August 13, 1979;

(ii) any existing mobile point source other than an offshore or coastal oil and gas exploratory drilling rig or a coastal oil and gas developmental drilling rig such as a seafood processing rig, seafood processing vessel, or aggregate plant, that begins discharging at a site for which it does not have a permit; and

(iii) any offshore or coastal mobile oil and gas exploratory drilling rig or coastal mobile oil and gas developmental drilling rig that commenced or commences the discharge of pollutants after August 13, 1979, at a site under EPA's permitting jurisdiction for which it is not covered by an individual or general permit and which is located in an area determined by the regional administrator in the issuance of a final permit to be an area of biological concern considering the factors specific in 40 C.F.R. 125.122(a)(1) - (10), adopted by reference in 18 AAC 83.010; an offshore or coastal mobile exploratory drilling rig or coastal mobile developmental drilling rig will be considered a new discharger only for the duration of its discharge in an area of biological concern;

(44) "new source"

(A) means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced

(i) after promulgation of standards of performance under 33 U.S.C. 1316 that are applicable to a new source; or

(ii) after proposal of standards of performance in accordance with 33 U.S.C. 1316 that are applicable to a new source, but only if the standards are promulgated in accordance with 33 U.S.C. 1316 within 120 days of their proposal;

(B) except as otherwise provided in an applicable new source performance standard, is a source that

(i) is constructed at a site at which no other source is located;

(ii) totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

(iii) has processes which are substantially independent of an existing source at the same site, considering such factors as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source;

(C) for purposes of (A) and (B) of this paragraph, is a new source only if a new source performance standard is independently applicable to it; if there is no independently applicable standard, the source is a new discharger;

(D) for purposes of this paragraph, is construction of a new source that has commenced if the owner or operator has

(i) begun, or caused to begin as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment, or significant site preparation work including clearing, excavation or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or

(ii) entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in its operation within a reasonable time; options to purchase or contracts that can be terminated or modified without substantial loss, contracts for feasibility engineering and design studies do not constitute a contractual obligation under this sub-subparagraph;

(E) does not include construction on a site that results in a modification to an existing source subject to 18 AAC 83.130, if the construction does not create a new building, structure, facility, or installation meeting the criteria in (A) - (D) of this paragraph, but otherwise alters, replaces, or adds to existing process or production equipment; and

(F) in (A) - (E) of this paragraph,

(i) "existing source" means any source that is not a new source or a new discharger;

(ii) "facility or equipment" means any building, structure, process or production equipment or machinery which form a permanent part of the new source and which will be used in its operation, if the facility or equipment is of such value as to represent a substantial commitment to construct, but does not include any facility or equipment used in connection with feasibility, engineering, and design studies regarding the source or water pollution treatment for the source;

(iii) "source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants;

(45) "owner or operator" means the owner or operator of any facility or activity subject to regulation under the APDES program;

(46) "permit"

(A) means an authorization, license, or equivalent control document issued by the department to implement the requirements of the APDES program and this chapter;

(B) includes an APDES general permit and an EPA-issued NPDES general permit;

(47) "person" means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof;

(48) "point source"

(A) means any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or may be discharged;

(B) does not include return flows from irrigated agriculture or agricultural storm water runoff;

(49) "pollutant"

(A) means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials except those regulated under 42 U.S.C. 2011, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, or agricultural waste discharged into water;

(B) does not include sewage from vessels or water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well

(i) is used either to facilitate production or for disposal purposes;

(ii) is approved by authority of the department; and

(iii) if the department determines that the injection or disposal will not result in the degradation of ground or surface water resources;

(50) "preliminary draft permit" means a draft permit that the department intends to provide notice of under 18 AAC 83.120 and that is provided in advance to the applicant under 18 AAC 83.115(e);

(51) "pretreatment" has the meaning given in 40 C.F.R. 403.3(s), adopted by reference in 18 AAC 83.010;

(52) "primary industry category" means any industry category listed in Appendix A to 40 C.F.R. Part 122, adopted by reference in 18 AAC 83.010;

(53) "privately owned treatment works" means any device or system that is used to treat wastes from any facility whose operator is not the operator of the treatment works and is not a POTW;

(54) "process wastewater" means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product;

(55) "proposed final permit" means a permit, prepared after the public comment period and any public hearing and administrative appeal, that may be sent to EPA for review before final issuance by the department;

(56) "publicly owned treatment works" or "POTW"

(A) means a treatment works as defined by 33 U.S.C. 1292 that is owned by a municipality or state; in this subparagraph "municipality" includes a municipality that has jurisdiction over the indirect discharges to and the discharges from such a treatment works;

(B) includes

(i) any device and system used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature; and

(ii) any sewer, pipe, and other conveyance that conveys wastewater to a POTW treatment plant;

(57) "recommencing discharger" means a source that recommences discharge after terminating operations;

(58) "regional administrator" means the regional administrator of EPA Region 10 or the authorized representative of the regional administrator;

(59) "schedule of compliance" means a schedule of remedial measures in a permit, including an enforceable sequence of interim requirements such as actions, operations, or milestone events, leading to compliance with 33 U.S.C. 1251 - 1387 and this chapter;

(60) "second industry category" means any industry category that is not a primary industry category;

(61) "secretary" means the Secretary of the United States Army, acting through the chief of engineers;

(62) "septage" means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic sewage treatment system, or a holding tank when the system is cleaned or maintained;

(63) "sewage from vessels" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels and regulated under 33 U.S.C. 1322;

(64) "sewage sludge"

(A) means any solid, semi-solid, or liquid residue removed during the treatment of municipal waste water or domestic sewage;

(B) includes solids removed during primary, secondary, or advanced waste water treatment, scum, septage, portable toilet pumpings, type III marine sanitation device pumpings under 33 C.F.R. Part 159, and sewage sludge products;

(65) "sewage sludge use or disposal practice" means the collection, storage, treatment, transportation, processing, monitoring, use, or disposal of sewage sludge;

(66) "significant industrial user" has the meaning given in 40 C.F.R. 403.3(v), adopted by reference in 18 AAC 83.010;

(67) "silvicultural point source"

(A) means any discernible, confined, and discrete conveyance related to rock crushing and gravel washing, log sorting, or log storage facilities that are operated in connection with silvicultural activities and from which pollutants are discharged into waters of the United States; in this paragraph,

(i) "log sorting and log storage facilities" means facilities where discharges result from the holding of unprocessed wood, such as logs or roundwood with bark or after removal of bark held in self-contained bodies of water such as mill ponds or log ponds, or stored on land for wet decking, where water is applied intentionally on the logs; and

(ii) "rock crushing and gravel washing facilities" means facilities that process crushed and broken stone, gravel, and riprap;

(B) does not include non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff;

(68) "site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity;

(69) "state" means the State of Alaska;

(70) "state and EPA Agreement" means an agreement between the regional administrator and the state that coordinates EPA and state activities, responsibilities, and programs, including those under 33 U.S.C. 1251 - 1387;

(71) "storm water" has the meaning given in 40 C.F.R. 122.26(b)(13), adopted by reference in 18 AAC 83.010;

(72) "storm water discharge associated with industrial activity" has the meaning given in 40 C.F.R. 122.26(b)(14), adopted by reference in 18 AAC 83.010;

(73) "total dissolved solids" means the total dissolved solids as determined by use of the method specified in 40 C.F.R. Part 136, adopted by reference in 18 AAC 83.010;

(74) "toxic pollutant" means any pollutant listed as toxic under 33 U.S.C. 1317(a)(1);

(75) "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee; "upset" does not include the following:

(A) noncompliance to the extent caused by operational error;

(B) improperly designed or installed treatment facilities;

(D) lack of preventive maintenance;

(E) careless or improper operation;

(76) "variance"

(A) means any mechanism or provision under 33 U.S.C. 1311 or 1326 or under 18 AAC 83.160, or in the applicable effluent limitations guidelines, that allows a modification or waiver of the generally applicable effluent limitation requirements or time deadlines of 33 U.S.C. 1251 - 1387;

(B) includes provisions at allow the establishment of alternative limitations based on fundamentally different factors or based upon 33 U.S.C. 1311(c), (g) - (i), or 1326(a);

(77) "waters of the United States" or "waters of the U.S."

(A) means

(i) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;

(ii) all interstate waters, including interstate wetlands;

(iii) all other waters such as intrastate lakes, rivers, streams, including intermittent streams, mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including any such waters that are or could be used by interstate or foreign travelers for recreational or other purposes; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or that are used or could be used for industrial purposes by industries in interstate commerce;

(iv) all impoundments of waters otherwise defined as waters of the United States under this paragraph;

(v) tributaries of waters identified in (i) through (iv) of this subparagraph;

(vi) the territorial sea;

(vii) wetlands adjacent to waters, other than waters that are themselves wetlands, identified in (i) through (vi) of this subparagraph;

(B) does not include

(i) waste treatment systems including treatment ponds or lagoons designed to meet the requirements of 33 U.S.C. 1251 - 1387 (Clean Water Act), other than cooling ponds as defined in 40 C.F.R. 423.11(m), adopted by reference in 18 AAC 83.010 that also meet the criteria of this paragraph;

(ii) prior converted cropland; however, notwithstanding the determination of an area's status as prior converted cropland by any federal agency other than EPA, the final authority regarding Clean Water Act jurisdiction remains with EPA;

(78) "wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and generally include swamps, marshes, bogs, and similar areas;

(79) "whole effluent toxicity" means the aggregate toxic effect of an effluent measured directly by a toxicity test;

(80) "severe property damage" means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass; in this paragraph, "severe property damage" does not include economic loss caused by delays in production.

History

Authority: AS 44.46.020; AS 46.03.020; AS 46.03.100 AS 46.03.010; AS 46.03.050; AS 46.03.110
Eff. 7/29/2006, Register 179; am 11/10/2007, Register 184

Chapter 85 Radiation Protection

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

(1) the applicant has made a reasonable effort to minimize the radioactivity contained in effluents to uncontrolled areas; and

(2) it is not likely that radioactive material discharge in the effluent will result in the exposure of an individual to concentrations of radioactive material in air or water exceeding the limits specified in 10 C.F.R. Part 20, Appendix B, Table 2, adopted by reference in (a) of this section.

(c) An application for higher limits pursuant to paragraph (b) of this section shall include information demonstrating that the applicant has made a reasonable effort to minimize the radioactivity discharged in effluents to uncontrolled areas, and shall include, as pertinent

(1) information on flow rates, total volume of the effluent, peak concentration of each radionuclide in the effluent, and concentration of each radionuclide in the effluent averaged over a period of one year at the point where the effluent leaves a stack, tube, pipe or similar conduit;

(2) a description of the properties of the effluents, including

(A) chemical composition;

(B) physical characteristics, including suspended solids content in liquid effluents, and nature of gas or aerosol for air effluents;

(D) the size range of particulates in effluents released into air;

(3) a description of the anticipated human occupancy in the uncontrolled area where the highest concentration of radioactive material from the effluent is expected, and, in the case of a river or stream, a description of water uses downstream from the point of release of the effluent;

(4) information as to the highest concentration of each radionuclide in an uncontrolled area, including anticipated concentrations average over a period of one year

(A) in air at any point of human occupancy; or

(B) in water at points of use downstream from the point of release of the effluent;

(5) the background concentration of radionuclides in the receiving river or stream prior to the release of liquid effluent;

(6) a description of the environmental monitoring equipment, including sensitivity of the system, and procedures and calculations to determine concentrations of radionuclides in the uncontrolled area and possible reconcentrations of radionuclides; and

(7) a description of the waste treatment facilities and procedures used to reduce the concentration of radionuclides in effluents prior to their release.

(d) For purposes of this section, the concentration limits in 10 C.F.R. Part 20, Appendix B, Table 2, adopted by reference in (a) of this section apply at the boundary of the controlled area. The concentration of radioactive material discharged through a stack, pipe, or similar conduit may be determined with respect to the point where the material leaves the conduit. If the conduit discharges within the controlled area, the concentration at the boundary may be determined by applying appropriate factors for dilution, dispersion, or decay between the point of discharge and the boundary.

(e) In addition to limiting concentration in effluent streams, the department may limit quantities of radioactive materials released in air or water during a specified period of time if the department determines that the daily intake of radioactive material from air, water, or food by a suitable sample of an exposed population group, averaged over a period not exceeding one year, would otherwise exceed the daily intake resulting from continuous exposure to air or water containing one-third the concentration of radioactive materials specified in 10 C.F.R. Part 20, Appendix B, Table 2, adopted by reference in (a) of this section.

(f) The provisions of this section do not apply to disposal of radioactive material into sanitary sewerage systems, which is governed by the provisions of 18 AAC 85.290.

History

Authority: AS 46.03.020; AS 46.03.250; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190; am 7/1/2015, Register 214

18 AAC 85.220 Surveys

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/24/2009, Register 190

18 AAC 85.230 Personnel monitoring

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.240 Posting, labeling, and caution signs

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.250 Instruction of personnel

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.260 Storage of sources

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.270 General requirements for waste disposal

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.280 Approval of proposed disposal procedures

(a) Any person may apply to the department for approval of proposed procedures to dispose of radioactive material in a manner not otherwise authorized in this chapter.

(b) Each application shall include a description of the radioactive material, including the quantities and kinds of radioactive material and the levels of radioactivity involved, and the proposed manner and conditions of disposal.

(c) The application, where appropriate, should also include an analysis and evaluation of pertinent information as to the nature of the environment, including topographical, geological, meteorological and hydrological characteristics; usage of ground and surface waters in the general area; and the location of other potentially affected facilities; and procedures to be observed to minimize the risk of unexpected or hazardous exposures.

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

18 AAC 85.290 Disposal by release into sanitary sewerage systems

(a) A person may not discharge any radioactive material subject to the provisions of this chapter into a sanitary sewerage system unless the

(1) radioactive material is readily soluble or dispersible in water;

(2) quantity of the radioactive material released into the sewerage system by that person in any one day does not exceed the larger of

(A) the quantity that, if diluted by the average daily quantity of sewage released into the sewer by that person, will result in an average concentration not greater than the limits specified in 10 C.F.R. Part 20, Appendix B, Table 1, revised as of January 1, 2014 and adopted by reference; or

(B) 10 times the quantity of the material specified in 10 C.F.R. Part 20, Appendix C, revised as of January 1, 2014 and adopted by reference;

(3) quantity of any radioactive material released in any one month, if diluted by the average monthly quantity of water released by that person, will not result in an average concentration exceeding the limits specified in 10 C.F.R. Part 20, Appendix B, Table 3, revised as of January 1, 2014 and adopted by reference; and

(4) gross quantity of radioactive material released into the sewerage system by that person does not exceed one curie per year.

(b) Excreta, blood, and blood plasma from an individual undergoing diagnosis or therapy with radioactive material is exempt from any limitations contained in this section.

History

Authority: AS 46.03.020; AS 46.03.250; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190; am 7/1/2015; Register 214

18 AAC 85.300 Disposal by burial in soil

(a) A person may not dispose of radioactive material by burial in soil, unless

(1) the radioactive material proposed for disposal contains only naturally occurring radiation with a radionuclide concentration of less than or equal to five picocuries per gram of radium-226 plus radium-228;

(2) the radioactive material is not low-level radioactive waste regulated by the Nuclear Regulator Commission and subject to the Northwest Interstate Compact pursuant to AS 46.45.010; and

(3) the radioactive material is disposed in a Class I municipal solid waste landfill, drilling waste landfill, or industrial solid waste landfill that meets the applicable design standards in 18 AAC 60.

(b) Radioactive material that is disposed of in accordance with (a) of this section must be managed as waste in accordance with the landfill permit.

History

Authority: AS 46.03.020; AS 46.03.250; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190; am 7/1/2015, Register 214; am 1/6/2021, Register 237

18 AAC 85.310 Disposal by incineration

A person may not incinerate radioactive material for the purpose of disposal or preparation for disposal, except as specifically approved by the department under 18 AAC 85.210(b) and 18 AAC 85.280.

History

Authority: AS 46.03.020; AS 46.03.250; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190; am 7/1/2015, Register 214

18 AAC 85.320 Intrastate transportation of radioactive material

A person may not transport any radioactive material outside of the confines of a plant or other location of use, or deliver any radioactive material to a carrier for transportation, unless that person complies with all requirements appropriate to the mode of transportation, to the packaging of the radioactive material, and to the marking and labeling of the package and transporting vehicle that are contained in the regulations of the United States Department of Transportation contained in 10 C.F.R. Part 71 and 49 C.F.R. Part 173, revised as of July 8, 2014 and adopted by reference.

History

Authority: AS 46.03.020; AS 46.03.250; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190; am 7/1/2015, Register 214

18 AAC 85.325 Appeals

Any person aggrieved by a permit decision under AS 46.03.250 may seek an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.020; AS 46.03.260; AS 46.03.880
Eff. 11/5/2017, Register 224

18 AAC 85.330 Records

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.340 Report to employees

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.350 Report to former employees

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.360 Report of theft or loss of sources

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.370 Notification of incidents

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.380 Reports of overexposures and excessive levels and concentrations

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.390 Vacating premises

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.400 Exposure levels in uranium mines

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Article 4 Use of Sealed Radioactive Sources in the Healing Arts

18 AAC 85.500 Interstitial, intercavitary and superficial applications

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Article 6 Microwave Radiation Protection Limits

18 AAC 85.650 Exposure rate limit from microwave ovens

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.660 Microwave oven design standards

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Article 7 Laser Protection Standards

18 AAC 85.670 Exemptions

(a) The following lasers are exempt from these regulations:

(1) lasers during their storage, shipment, or retail sale in the course of which the laser does not emit laser radiation; and

(2) lasers in such a condition that they are impossible to energize.

(b) Closed installations are exempted from these regulations. A closed installation is defined as one in which the laser radiation is completely contained within an enclosure which precludes human occupancy, and any access ports are interlocked so as to interrupt the laser operation if the port is opened.

(c) Persons are exempted from these requirements when the laser emission levels are shown to be not in excess of the maximum permissible exposure levels as defined in sec. 675 of this chapter.

History

Authority: AS 46.03.020
Eff. 9/16/71, Register 39

18 AAC 85.675 Exposure level limits

The maximum permissible exposure levels for laser radiation are presented in Table VII.

TABLE VII MAXIMUM PERMISSIBLE EXPOSURE LEVELS FOR LASER RADIATION AT THE CORNEA FOR DIRECT ILLUMINATION OR SPECULAR REFLECTION AT WAVELENGTH = 6943 A Q-SWITCHED PULSE 1 nsec.-1 usec. P.R.F. < 10 (j/cm2) NON-Q- SWITCHED PULSE 1 usec.- 0.1 sec. P.R.F. < 10 (j/cm2) CONTINUOUS WAVE EXPOSURES >0.1 sec. (W/cm2) Lighting Conditions Daylight5.0 x 10-85.0 x 10-75.0 x 10-53 mm pupil Laboratory2.0 x 10-82.0 x 10-72.0 x 10-55 mm pupil Night1.0 x 10-81.0 x 10-71.0 x 10-57 mm pupil

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

18 AAC 85.680 General precautions

The following general precautions are required or recommended in the use of laser radiation:

(1) Aiming a laser with the eye should be avoided.

(2) Work with lasers should be performed in areas of high general illumination.

(3) Laser beams shall be terminated by a material having reflectance and fire resistance commensurate with the power density of the beam except when the beam is intended to interact with the termination.

(4) Where lasers must be used in other than closed installations, an area shall be cleared of individuals for a reasonable distance on all sides of the anticipated laser beam path.

(5) Signs warning of laser operation shall be posted at conspicuous and strategic locations. The signs may be permanent or temporary depending on the type and frequency of operation. For high powered lasers, a sign such as shown below is recommended.

Click to view SIGN

Click to view CHART

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

18 AAC 85.690 High powered lasers

The following are design requirements or recommendations for high powered laser installations:

(1) The laser installation shall be provided with safety interlocks constructed so that unauthorized or transient individuals are denied access to the installation while the laser power supply is charged and capable of firing.

(2) An alarm system including a muted sound, flashing light (visible through laser safety eyewear) and a countdown is advisable once the capacitor banks begin to charge.

(3) Walls and ceiling shall be painted with light diffusing non-gloss paint, preferably black near the target area, and a light color elsewhere to increase the ambient illumination. Where practical and possible, it is recommended that the color of paint be chosen complimentary to the color of the laser radiation.

(4) Lasers, such as solid state ruby pulsed devices, with power outputs in the megawatt and gigawatt range should be operated by remote control firing with viewing through protective shields or by television. For lower powered lasers, consideration should be given to providing protection commensurate with the risk. An alternative is to enclose the laser and beam within a light tight box.

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

18 AAC 85.700 Low-powered gas continuous wave and semi-conductor lasers

The following are design requirements or recommendations for a low-powered gas continuous wave laser and a semi-conductor laser:

(1) All unnecessary reflective material shall be eliminated from the area of the beam;

(2) A diffuse matte should be used to position the beam.

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190

18 AAC 85.710 Carbon dioxide and nitrogen gas lasers

The following are design requirements for carbon dioxide and nitrogen gas lasers:

(1) A sufficient thickness of firebrick, asbestos, or other fire retardant material shall be provided as a backstop for the beam to provide fire protection.

(2) The use of this type of laser shall be such as to preclude the exposure of individuals to hazardous levels of ionizing and/or ultra-violet radiation.

(3) Reflections of the infrared laser beam shall be attenuated by enclosure of the beam and target area or by the use of eyewear constructed of a material opaque to the carbon dioxide wavelength, such as plexiglass.

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

18 AAC 85.720 Precautions for outdoor use of lasers

(a) All individuals lacking adequate protective clothing and eyewear, and who are not forewarned, shall be excluded from the beam path of a laser used outdoors to a distance where the power or energy density is within a permissible level.

(b) The tracking of all occupied vehicles, aircraft and watercraft within a calculated hazardous distance is prohibited if the occupants are not adequately protected and forewarned. The tracking of humans within a calculated hazardous distance is prohibited if such individuals are not adequately protected and forewarned.

(d) The beam path of a laser used outdoors shall be cleared of all objects capable of producing potentially hazardous reflections unless individuals capable of being exposed to potentially hazardous radiation are adequately protected and forewarned.

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

18 AAC 85.730 Personnel protection equipment

(a) Personnel capable of being exposed to hazardous laser beam reflections shall be furnished and required to wear suitable eye safety shields.

(b) Exposure of the skin of personnel to laser beams shall be prevented by the use of protective gloves and protective coverings or shields as required.

History

Authority: AS 46.03.020; AS 46.03.260
Eff. 9/16/71, Register 39

Article 8 General Provisions

18 AAC 85.740 Application of regulations

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.750 Effective date

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.760 Communications

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

18 AAC 85.770 Definitions

Unless the context requires otherwise, in this chapter,

(1) "continuous wave laser" means a laser that emanates a continuous beam as opposed to a pulsed laser;

(2) "controlled area"

(A) means any area in which access is controlled by a person subject to this chapter for purposes of protection of individuals from exposure to radiation and radioactivity;

(B) does not include residential quarters, except that a separate room or rooms in a residential building may be set apart as a controlled area;

(3) "curie" means that quantity of radioactive material that decays at the rate of 3.7 x 1010 disintegrations per second;

(4) "department" means the Department of Environmental Conservation;

(5) "gas laser" means a type of laser in which the laser action takes place in a gas medium, such as a continuous wave laser;

(6) "laser" means light amplification by stimulated emission of radiation and is a device that emits a monochromatic, coherent beam of light, such as a light possessing a single wave length and all waves in phase;

(7) "person" includes

(A) a business;

(B) a health facility;

(D) an institution;

(E) a municipal corporation;

(F) a partnership;

(G) a political subdivision;

(H) a public or private corporation; and

(I) any other entity;

(8) "pulsed laser" means a laser that delivers energy in short pulses, as opposed to a continuous beam in a continuous wave laser;

(9) "radiation" means ionizing and non-ionizing radiation and sonic, infrasonic, and ultrasonic waves;

(10) "radioactive material" means any material, solid, liquid, or gas that emits ionizing radiation spontaneously;

(11) repealed 7/1/2015;

(12) "uncontrolled area" means an area to which access is not controlled by a person subject to this chapter for purposes of protection of individuals from exposure to radiation and radioactive materials, and, except as described in (2)(B) of this section, any area used for residential quarters.

History

Authority: AS 46.03.020; AS 46.03.250; AS 46.03.260
Eff. 9/16/71, Register 39; am 4/9/2009, Register 190; am 7/1/2015, Register 214

18 AAC 85.780 Forms

Repealed.

History

Eff. 9/16/71, Register 39; repealed 4/9/2009, Register 190

Chapter 87 Nuclear Facility Siting

Article 1 General Standards, Requirements, and Limitations

18 AAC 87.010 Purpose and applicability

(a) This chapter provides environmental review and promotes local involvement in siting nuclear facilities. It does not regulate any aspect of radioactive or nuclear safety, which is preempted by federal law and exclusively regulated by the federal government.

(b) This chapter applies to the construction or installation of a

(1) nuclear fuel production facility;

(2) nuclear utilization facility, including a microreactor;

(3) utilization facility;

(4) reprocessing facility; or

(5) nuclear waste disposal facility.

(1) obtain other state permits; and

(2) comply with other state permit requirements.

History

Authority: AS 18.45.020; AS 46.03.010 AS 18.45.025; AS 46.03.020
Eff. 8/23/2023, Register 247

Article 2 Pre-Application Requirements

18 AAC 87.100 Pre-application requirements

(a) Not fewer than 120 days before submitting an application for siting approval under this chapter to the department, an applicant who proposes to construct or install a facility described in 18 AAC 87.010(b) shall

(1) prepare a preliminary application that contains

(A) the information required as set out under 18 AAC 87.200(b); and

(B) a fact sheet that describes the proposed facility and summarizes the content of the preliminary application;

(2) publish notice of the proposed facility in two editions of a newspaper of general circulation, and announce the notice at least twice a day for one week on a radio station in the area where the facility is proposed to be located; and

(3) by certified mail, return receipt requested, send written notice of the proposed facility to the department and to the municipality with jurisdiction over the proposed facility site, or if the proposed facility site is located in the unorganized borough, to

(A) the legislature; and

(B) the mayor of the municipality located nearest to the proposed facility.

(b) The public notice required in (a) of this section must

(1) describe the proposed facility;

(2) identify

(A) the owner and operator of the facility; and

(B) the proposed site for the facility;

(3) offer to any interested person, without charge, a copy of the fact sheet described in (a) of this section; and

(4) specify a location at which two copies of the preliminary application described in (a) of this section are available for public review.

(1) include an offer to meet with the municipality with jurisdiction over the proposed facility site in one or more informal public meetings, to describe the proposed facility;

(2) include information on how to submit comments to the applicant;

(3) discuss how the proposed facility will meet applicable state and federal requirements for the protection of public health and the environment; and

(4) discuss public health and environmental issues, including how the applicant will monitor any facility emissions to the air, water, or land.

History

Authority: AS 18.45.020; AS 46.03.010 AS 18.45.025; AS 46.03.020
Eff. 8/23/2023, Register 247

Article 3 Siting Permit Procedures

18 AAC 87.200 Application requirements

(a) Upon completion of the pre-application requirements in 18 AAC 87.100, but not later than three years after the public notice, an applicant must submit a completed application to the department that must be signed as follows:

(1) for a corporation, a responsible corporate officer shall sign the application; in this paragraph, "responsible corporate officer" means

(A) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(B) the manager of one or more manufacturing, production, or operating facilities, if

(ii) the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and

(iii) authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(2) for a limited liability company, a member within the meaning given in AS 10.50.990 shall sign the application;

(3) for a partnership, limited partnership, or sole proprietorship, the general partner or the proprietor, as relevant, shall sign the application;

(4) for a municipality, state, or other public agency, either a principal executive officer or ranking elected official shall sign the application; in this paragraph, "principal executive officer" means

(A) the chief executive officer of the agency; or

(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit or division of the agency.

(b) An application for siting approval must include

(1) a cover letter that

(A) describes the proposed facility;

(B) identifies the owner and operator of the facility;

(C) includes a general narrative description of the site topography, geology, climate, surface hydrology, and groundwater hydrology; and

(D) contains a statement that the applicant is aware of all applicable local ordinances and local planning or zoning requirements;

(2) a copy of a letter accepting a complete application for licensing from the United States Nuclear Regulatory Commission;

(3) a completed permit application on a form supplied by the department, or on an equivalent form approved by the department;

(4) an aerial photograph, or set of photographs in each of the following scales:

(A) one centimeter to 60 meters; the photograph, or set of photographs, must

(i) be taken not more than one year before the date the permit application is submitted, during a period of either minimum spring snow cover or minimal fall foliage cover; and

(ii) include an area extending out at least 3,500 meters in each direction from the proposed location of the active portions of the facility;

(B) one centimeter to 600 meters; the photograph, or set of photographs, must

(i) be taken not more than one year before the date the permit application is submitted, during a period of either minimum spring snow cover or minimal fall foliage cover; and

(ii) include an area extending out at least 5,000 meters in each direction from the location of the proposed active portions of the proposed facility;

(5) a map in each of the following scales:

(A) one centimeter to 60 meters; the map must clearly show

(i) the location of the proposed facility;

(ii) the property boundaries within which the proposed facility will operate;

(iii) the existing and proposed vehicular access to the proposed site;

(iv) the applicable separation distance requirements for the facility type as set out in 18 AAC 87.300(b);

(v) the location of known or inferred boundaries of permafrost or discontinuous permafrost;

(vi) the location and boundaries of all rivers, lakes, streams, wetlands, floodplains, coastal areas, areas susceptible to landslides or avalanches, and tidal and freshwater drainages within 500 feet of the proposed facility; and

(vii) the location of any drinking water wells located within 2,000 feet of the proposed facility;

(B) one centimeter to 600 meters; the map must clearly show

(i) the location of any area described in 18 AAC 87.300(e);

(ii) the nature, function, and land use zoning classification of each property contiguous to the proposed facility; and

(iii) areas subject to potential geophysical hazards;

(6) a discussion of how the applicant plans to monitor for facility emissions to the air, water, and land;

(A) a copy of any lease agreement relevant to the proposed activity; or

(B) a written statement signed by the landowner, showing that the landowner consents to the proposed facility;

(8) a written statement confirming that the requirements of 18 AAC 87.100 are met, and

(A) a copy of all supporting documents, including a copy of each public notice required under 18 AAC 87.100(a) and the publisher's affidavit of publication for each notice published in a newspaper;

(B) a list of the names and addresses of all persons who were sent facility siting notification letters under 18 AAC 87.100(a); and

(C) a copy of comments submitted and the applicant's written responses to concerns expressed during the pre-application period, including commitments made by the applicant to address those concerns.

(c) If an application is deficient, the department will notify the applicant and will describe the application's deficiencies. When the applicant corrects the application's deficiencies, the department will consider the application complete and will continue processing the application.

(d) If an applicant fails to submit the application required under this chapter not more than three years after the date of the public notice required in the pre-application process, the applicant must repeat the requirements of 18 AAC 87.100.

History

Authority: AS 18.45.020; AS 18.45.900; AS 46.03.020 AS 18.45.025; AS 46.03.010
Eff. 8/23/2023, Register 247

18 AAC 87.210 Preliminary permit decision

(a) After receiving a complete application, the department will make a preliminary decision to issue or deny a permit after reviewing the information contained in the application and the public record, based on the

(1) satisfactory completion of pre-application requirements in 18 AAC 87.100;

(2) location requirements and restrictions in 18 AAC 87.300;

(3) air quality control regulations in 18 AAC 50;

(4) water quality standards in 18 AAC 70;

(5) wastewater disposal regulations in 18 AAC 72;

(6) Alaska Pollutant Discharge Elimination System regulations in 18 AAC 83; and

(7) applicant's compliance history while conducting other operations regulated by the department under this title, including any notice of violation, mandatory compliance order, consent order, and any other administrative, civil, or criminal enforcement action; an applicant's compliance history constitutes sufficient basis for denial of approval if, in the department's determination, that history shows a pattern or practice of noncompliance that demonstrates the applicant's unwillingness or inability to achieve or maintain compliance with provisions of this chapter.

(b) If the application receives preliminary approval from the department, the department will

(1) prepare a draft permit, and make the preliminary decision available for public comment, following procedures in 18 AAC 87.220;

(2) send a copy of the draft permit and preliminary decision to each of the entities in the pre-application process under 18 AAC 87.100(a)(3); and

(3) request approval of the department's proposal to issue a permit from

(A) the municipality with jurisdiction over the proposed facility site; or

(B) the legislature, if the proposed facility site is located in the unorganized borough.

(d) If the permit application is denied by the department, the department will

(1) prepare and issue a response to the applicant, which documents the reason for denial of the permit; and

(2) include a statement regarding the availability of informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

18 AAC 87.220 Public notice procedures

(a) The department will give notice to the public that a draft permit has been prepared under 18 AAC 87.210.

(b) In a public notice, the department will allow at least 30 days for public comment on the draft permit.

(1) by sending a copy of the notice to the municipality with jurisdiction over the proposed facility site; and

(2) by publishing a notice in a daily or weekly newspaper within the area affected by the facility or activity.

(d) A public notice issued under this section must contain at least the following information:

(1) the name and address of the office processing the permit action for which notice is being given and where comments may be submitted;

(2) the name and address of the permittee or permit applicant;

(3) a brief description of the proposed facility;

(4) a brief description of the location of the proposed facility;

(5) the name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit and the application;

(6) a brief description of the comment procedures required by (e) of this section; and

(7) any additional information that the department considers necessary or proper.

(e) During the public comment period, any interested person may submit written comments on the draft permit. The department will consider all comments in making the final decision and will issue a responsiveness summary that includes responses to all comments received. The department will make the summary available to the public.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

18 AAC 87.225 Municipal approval

When the department requests the municipality's approval of the department's proposal to issue a permit under 18 AAC 87.210(b)(3)(A), but the municipality with jurisdiction does not issue an approval, the municipality shall provide the department with a detailed basis for the decision. The municipality may not base its decision upon radiological or nuclear safety.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

18 AAC 87.230 Permit issuance

(a) The department will not issue a facility siting permit until the department has received approval from

(1) the municipality with jurisdiction over the proposed facility site; or

(2) the legislature if the proposed facility site is not within the jurisdiction of a municipality.

(b) The department will notify the applicant, entities listed in 18 AAC 87.100(a), and each person who submitted timely comments on the draft permit of its final decision. In the final decision, the department will include

(1) written approval or disapproval of the site proposed in the application, and a summary of the basis for the decision; and

(2) a statement that the permittee and interested parties listed in 18 AAC 87.260 may request informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

(1) to ensure compliance with applicable state laws and regulations; and

(2) that incorporate the standards of this chapter relating to siting of the facility.

(d) The department may include in its approval any commitments that were made by the applicant during the pre-application period described in 18 AAC 87.100.

(e) The permittee shall provide timely, adequate notice to the department of any change in the permittee's mailing address or physical residence.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

18 AAC 87.240 Procedure to modify permit

(a) If the permittee becomes aware of a significant environmental change or impact attributable to the facility or a facility expansion, the permit holder shall submit, as soon as possible, a written report to the department describing the impact on the facility and any affected site certification conditions.

(b) If the department tentatively decides to modify the permit based on information from the permittee in (a) of this section, the department will prepare a draft permit incorporating the proposed changes.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

18 AAC 87.250 Permit termination

(a) The department may terminate a siting permit

(1) for any false statement in the application or additional materials submitted when a true answer would have warranted a denial of the permit; or

(2) for failure to comply with the terms or conditions of the siting permit.

(b) Not later than 30 days before terminating a permit, the department will issue a written notice of termination. In the notice, the department will

(1) include a clear, detailed statement describing reasons for the department's decision, including acts or omissions of the permittee that led to the department's decision to terminate the permit;

(2) clearly specify the statute, regulation, or permit condition that the permittee is alleged to have violated, including the nature of the violation; and

(3) state that the permittee and interested parties listed in 18 AAC 87.260 may request informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 concerning the department's permit termination decision.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

18 AAC 87.260 Appeals

A person authorized under 18 AAC 15.200 may request an informal review under 18 AAC 15.185 or an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340 to review a final department decision to issue, deny, modify, or terminate a permit under 18 AAC 87.230, 18 AAC 87.240, and 18 AAC 87.250.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

Article 4 Location Requirements and Restrictions

18 AAC 87.300 Location requirements for a microreactor facility

(a) The location of a microreactor facility must meet the location requirements in this section.

(b) The location of a microreactor facility must comply with the following separation distances:

(1) the minimum separation distance between a microreactor and any property boundary of a microreactor facility is 50 feet, measured horizontally;

(2) the minimum separation distance between a microreactor and any public right-of-way is 100 feet, measured horizontally; and

(3) the minimum separation distance between a microreactor and the nearest residence is 2,700 feet, measured horizontally.

(1) a facility may not be located within any coastal area that is vulnerable to storm surge;

(2) a facility may not be located within 500 feet of known, suspected, or likely-to-occur erosion, on a time scale of twice the lifecycle of the proposed facility;

(3) a facility may not be located in a drinking water protection area as delineated under 18 AAC 80.015 for an active public water system source, unless the applicant demonstrates, to the satisfaction of the department, that there is no potential adverse impact to drinking water; and

(4) a facility may not be located in state waters except to the extent permitted by 33 U.S.C. 1344 (Clean Water Act, section 404), and applicable state water laws.

(d) If any part of the microreactor facility is located within a 100-year floodplain, the owner or operator shall demonstrate that a flood will not result in washout or damage to the facility that would pose a nonradioactive hazard to public health or the environment.

(e) A microreactor facility may not be located closer than 300 feet to

(1) a critical habitat area, state game refuge, state game sanctuary, state range area, or state wildlife reserve designated under state law;

(2) a critical habitat area designated by the federal government under 16 U.S.C. 1531 - 1544 (Endangered Species Act of 1973); or

(3) a national wildlife refuge, national monument, or national park.

History

Authority: AS 18.45.025; AS 46.03.010; AS 46.03.020
Eff. 8/23/2023, Register 247

Article 5 General Provisions

18 AAC 87.990 Definitions

In this chapter,

(1) "approved" means approved by the department;

(2) "construction"

(A) means to build, erect, or install a

(i) nuclear fuel production facility;

(ii) nuclear utilization facility, including a microreactor;

(iii) reprocessing facility; or

(iv) nuclear waste disposal facility;

(B) does not include

(i) site exploration, including necessary borings to determine foundation conditions or other preconstruction monitoring to establish background information related to the suitability of the site, or the environmental impacts of construction or operation;

(ii) preparation of a site for construction of a facility, including clearing of the site, grading, installation of drainage, erosion and other environmental mitigation measures, and construction of temporary roads and borrow areas; or

(iii) erection of fences and other access control measures that are not safety or security related, and do not pertain to radiological controls;

(3) "department" means the Department of Environmental Conservation;

(4) "facility" means all contiguous land and structures, other appurtenances, and improvements used for nuclear fuel production, use, or disposal;

(5) "floodplain" means a lowland or relatively flat area adjoining inland or coastal waters or area of an offshore island that is susceptible to inundation by the 100-year flood; in this paragraph, "100-year flood" means a flood that has a one percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period;

(6) "microreactor" has the meaning given in AS 18.45.900;

(7) "municipality with jurisdiction" means the municipal entity with land use regulation authority under AS 29.40 over the proposed facility site;

(8) "nearest residence" means an occupied dwelling and adjacent property commonly used by inhabitants of the dwelling;

(9) "nuclear fuel production facility" has the meaning given in AS 18.45.900;

(10) "nuclear utilization facility" has the meaning given in AS 18.45.900;

(11) "operator" means the person or persons responsible for the overall operation of a facility;

(12) "owner" means the person who owns a facility and is the holder of the permit issued under this chapter;

(13) "production facility" has the meaning given in AS 18.45.900;

(14) "site" means the land, structures, and equipment at a location associated with a facility subject to this chapter;

(15) "storm surge" means a rising of the sea as a result of atmospheric pressure changes and wind associated with a storm;

(16) "state waters" has the meaning given "waters" in AS 46.03.900;

(17) "twice the lifecycle" means two times the amount of time a microreactor can be in service; from the installation until after the unit is decommissioned;

(18) "utilization facility" has the meaning given in AS 18.45.900.

History

Authority: AS 18.45.020; AS 18.45.900; AS 46.03.020 AS 18.45.025; AS 46.03.010
Eff. 8/23/2023, Register 247

Chapter 90 Pesticide Control

Article 1 Purpose, Applicability, Prohibitions, and Discharge Notification

18 AAC 90.010 Purpose and applicability

(a) The purpose of this chapter is to protect human health, safety, and welfare, animals, and the environment by ensuring the proper use, sale, distribution, transportation, storage, and disposal of pesticides and their containers.

(b) This chapter applies to any person who uses, advises regarding use, manufactures, sells, distributes, formulates, stores, or disposes of pesticides.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

18 AAC 90.020 Prohibitions

In addition to other prohibitions set out in this chapter, a person may not

(1) display, store, abandon, transport, use, sell, distribute, or dispose of a pesticide or a pesticide container in a manner that might endanger human health, safety, or welfare, animals, or the environment;

(2) dispose of a pesticide or a pesticide container except in compliance with labeling instructions and other applicable state or federal law;

(3) use, or advise regarding the use of, a pesticide in a manner that requires certification or a permit under this chapter without the required certification or permit;

(4) use, or advise regarding the use of, a pesticide in a faulty, careless, or negligent manner;

(5) use, or advise regarding the use of, a pesticide in a manner that is inconsistent with labeling instructions, a condition of registration under this chapter, or a condition of a permit or otherwise in violation of this chapter;

(6) operate faulty or unsafe pesticide application equipment;

(7) submit a false, misleading, fraudulent, or incomplete record, report, or application under this chapter;

(8) formulate, distribute, purchase, sell, or offer for sale

(A) an unregistered, misbranded, or adulterated pesticide or device;

(B) a pesticide that is not in the producer's original unbroken container; or

(9) detach, alter, deface, or destroy, in whole or in part, the label of a pesticide unless that action is approved by the department or EPA.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183

18 AAC 90.030 Distribution, sale, and purchase requirements

(a) A person may not distribute or sell

(1) any pesticide unless it has been registered as required by 18 AAC 90.200 - 18 AAC 90.235; or

(2) a restricted-use pesticide unless the person is a certified pesticide dealer and has proof that the purchaser is

(A) certified under this chapter in the applicable category of use; or

(B) authorized in writing by an applicator certified in the applicable category of use to purchase the restricted-use pesticide for use by the certified applicator.

(b) a person may not purchase a restricted-use pesticide unless that person is

(1) certified under this chapter in the applicable category of use; or

(2) authorized in writing by an applicator certified in the applicable category of use to purchase a restricted-use pesticide for use by the certified applicator.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

18 AAC 90.040 Discharge notification and containment required

(a) As required by 18 AAC 75.300(a)(1)(A), if there is a discharge of a pesticide from a vessel, vehicle, container, or area that is used to store, transport, or dispose of a pesticide, the person having responsibility for the vessel, vehicle, container, or area that is used to store, transport, or dispose of a pesticide shall notify the department of the discharge as soon as that person has knowledge of the discharge. The person shall safely contain that discharge.

(b) For purposes of this section, "discharge" means the release of a pesticide in a manner that is not in compliance with this chapter.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

Article 2 Pesticide Registration

18 AAC 90.200 Pesticide registration requirements

(a) Except as provided in (b) of this section, a person may not distribute or sell a pesticide unless that pesticide is currently registered under 18 AAC 90.215.

(b) The following pesticides are exempt from registration under this chapter:

(1) a pesticide shipped intrastate from one producing establishment to another operated by the same producer solely for repackaging or solely for use as a constituent part of another pesticide produced at the second establishment;

(2) a pesticide labeled under FIFRA "for experimental use only"; and

(3) a pesticide produced or packaged in the state solely for export from the United States.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

18 AAC 90.205 Pesticide product registration and registration renewal

(a) A product registration issued under 18 AAC 90.200 - 18 AAC 90.235 is valid for the calendar year for which the registration is issued, and is subject to the renewal requirements of (c) of this section.

(b) A producer seeking to register a pesticide for the first time under 18 AAC 90.215 must submit an application to the department on a form or in the format required by the department and the fee required under 18 AAC 90.850. The application must include

(1) the applicant's name, telephone number, address, and, if available, electronic mail address;

(2) the name, telephone number, and address of the person whose name appears on the EPA label, if not the applicant's;

(3) the name and EPA registration number of the pesticide;

(4) a complete copy of the most current registration label stamped by the EPA;

(5) a complete copy of the most current product labeling;

(6) the correct name and total percentage of each active ingredient;

(7) the total percentage of inert ingredients;

(8) the most current safety data sheet; and

(9) other information that the department requests and that the department considers pertinent to product registration.

(c) A producer seeking to renew registration of a currently registered pesticide under 18 AAC 90.215 must submit an application to the department on a form or in the format required by the department and the fee required under 18 AAC 90.850. The application must include

(1) the applicant's name and address;

(2) the name and EPA registration number of the pesticide;

(3) a complete copy of the most current product labeling if any changes to the label have been made since the previous registration; and

(4) other information that the department requests and that the department considers pertinent to product registration.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 2/15/2006, Register 177; am 9/30/2007, Register 183; am 4/10/2010, Register 194; am 10/27/2017, Register 224

18 AAC 90.210 Change in labeling

A producer who has registered a pesticide under 18 AAC 90.215 shall notify the department if there is a change to the labeling of that pesticide and provide a copy of the items described in 18 AAC 90.205(b)(4) and (5) not later than 30 days after the change occurs.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 10/27/2017, Register 224

18 AAC 90.215 Department action on application for registration

(a) Within 60 days after an application for pesticide registration is submitted, the department will, in its discretion,

(1) register the pesticide, using the pesticide's EPA registration number;

(2) refuse to register the pesticide; or

(3) notify the producer regarding restrictions on pesticide delivery, distribution, sale, or use by classifying that pesticide as a state restricted-use pesticide; examples of restrictions include

(A) sale to certified applicators only;

(B) prohibition of use in designated areas;

(D) limitation on application rate or frequency.

(b) In its decision under (a) of this section, the department will consider

(1) the threat to human health, safety, and welfare, animals, and the environment that might result from distribution, sale, or use of the pesticide;

(2) applicable findings and recommendations of a local, state, or federal agency; and

(3) protection of waters of the state from pesticide contamination.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168

18 AAC 90.220 Unregistered pesticides

A pesticide that is distributed or sold but not registered in the state is subject to a stop sale, use, or removal order under 18 AAC 90.705.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145

18 AAC 90.225 Modification, suspension, or revocation of registration

(a) If the department finds that a pesticide or its labeling does not comply with FIFRA, or when necessary to prevent a pesticide from having an unreasonable adverse effect on human health, safety, or welfare, animals, or the environment, the department will, in its discretion, modify, suspend, or revoke the registration of that pesticide issued under 18 AAC 90.215, using the criteria in 18 AAC 90.215(b), or will pursue other sanctions provided by law.

(b) The department will provide written notice to the producer of the pesticide of the department's action under (a) of this section within 10 working days after the department decides to modify, suspend, or revoke registration. A producer who disagrees with the department's decision may

(1) appeal the decision under 18 AAC 90.900; and

(2) request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330; AS 46.03.760
Eff. 2/15/98, Register 145; am 7/11/2002, Register 163

18 AAC 90.230 Application for registration for a special local need

(a) In addition to registration of a pesticide under 18 AAC 90.215, a person seeking to register a pesticide for sale, distribution, or use for a special local need shall submit to the department

(1) a completed and signed EPA "Application for/Notification of State Registration of a Pesticide to Meet a Special Local Need";

(2) a copy of the current EPA-approved label and labeling registered under FIFRA for the pesticide;

(3) a copy of the proposed supplemental labeling, including a statement of all claims made for the pesticide, and directions for its use to meet the special local need;

(4) evidence that the pesticide

(A) has an established tolerance or exemption under 21 U.S.C. 301 - 21 U.S.C. 395 (Federal Food, Drug, and Cosmetic Act) for use on food or animal feed to be included in the supplemental labeling; or

(B) is not for use on food or animal feed;

(5) data showing that use of the pesticide according to the supplemental labeling will not cause an unreasonable adverse effect on human health, safety, or welfare, animals, or the environment;

(6) a letter from the EPA registrant confirming that there is no objection to the proposed use; and

(7) other pertinent information requested by the department.

(b) The department will approve or deny the application within 90 days after receiving a complete application.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

18 AAC 90.235 Registration of a pesticide for a special local need

(a) When the department receives an application under 18 AAC 90.230, the department will, in its discretion, register a pesticide for a special local need and approve supplemental labeling if

(1) the pesticide is registered with EPA under FIFRA;

(2) the pesticide is registered under 18 AAC 90.215;

(3) the department finds that a special local need exists that is not adequately covered by the labeling registered with EPA;

(4) the pesticide

(A) has an established tolerance or exemption under 21 U.S.C. 301 - 21 U.S.C. 395 (Federal Food, Drug, and Cosmetic Act) for use on food or animal feed to be included in the supplemental labeling; or

(B) is not for use on food or animal feed;

(5) the department finds that use according to supplemental labeling will not cause an unreasonable adverse effect on humans, animals, or the environment if used according to labeling directions; and

(6) registration for the proposed use has not been previously denied or canceled by EPA, unless that action was later rescinded by EPA.

(b) The department will deny a request under this section for a pesticide

(1) with a composition that is not similar to a pesticide registered under FIFRA;

(2) involving a use pattern not similar to a use registered under FIFRA for the same pesticide or a pesticide with a similar composition;

(3) for which other uses of the same pesticide, or a pesticide with a similar composition, have had registration denied or canceled by EPA; or

(4) used to control a pest problem that is present nationwide.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145

Article 3 Certification Requirements

18 AAC 90.300 Certification requirements

(a) Certification under 18 AAC 90.300 - 18 AAC 90.315 for the applicable category of use described in (c) of this section is required before an individual may

(1) use a restricted-use pesticide;

(2) supervise the use of a restricted-use pesticide;

(3) purchase a restricted-use pesticide, unless that purchase is authorized in writing by a certified applicator for the applicable category of use;

(4) act as a restricted-use pesticide dealer;

(5) engage in the custom, commercial, or contract use of a pesticide unless that use is application of a general-use pesticide under the direct, on-the-job supervision of a certified applicator certified in the applicable category of use;

(6) supervise the custom, commercial, or contract use of a pesticide;

(7) act as a pesticide consultant;

(8) use or supervise the use of a pesticide at a school or licensed child care facility unless the pesticide is

(A) a general-use antimicrobial pesticide;

(B) a rodenticide in a tamper-resistant bait station; or

(9) use or supervise the use of a pesticide at a public place unless the pesticide is

(A) a general-use antimicrobial pesticide;

(B) a rodenticide in a tamper-resistant bait station; or

(b) An individual certified under (a) of this section may use pesticides only in a category of use for which that individual is certified.

(c) The department may certify an applicant who meets the requirements set out under 18 AAC 90.305 for one or more of the following categories of use:

(1) regulatory pest control: state, federal, or other government employees, or their agents who use pesticides for the control of pests that are regulated by state or federal law;

(2) pesticide consultation and demonstration: individuals who demonstrate to the public the proper use and techniques of application of restricted-use pesticides; those individuals include government employees, extension specialists, or extension agents who use pesticides or who advise, demonstrate, or make pesticide recommendations;

(3) agricultural pest control: individuals who apply pesticides, excluding fumigants, to

(A) agricultural commodities or properties including greenhouses and nurseries; or

(B) the feed, bedding, or bodies of animals;

(4) ornamental and turf pest control: individuals who apply pesticides to control pests in the maintenance and production of landscaping, ornamental plants, lawns, and turf;

(5) antifouling paint: individuals who apply EPA-registered antifouling paints;

(6) aquatic pest control: individuals who apply pesticides to waters of the state;

(7) structural pest control: individuals who apply pesticides, excluding fumigants and general-use antimicrobial pesticides, in, on, or around structures and adjacent areas to control pests;

(8) public health pest control: individuals who use pesticides in government-sponsored health programs for the control of pests that are regulated by state or federal law; those individuals include environmental health officers, public health nurses, entomologists, and others in a preventive medicine or health care field who use or recommend pesticides for control of pests with medical or public health importance;

(9) right-of-way and industrial grounds pest control: individuals who use pesticides to control pests along the rights-of-way of roads, waysides, railroads, airfields, pipelines, or power lines, or at tank farms or industrial sites;

(10) mosquito and biting fly pest control: individuals who apply pesticides, excluding aquatic application, to control mosquitoes or biting flies;

(11) aerial pest control: pilots of manned or unmanned aircraft who apply pesticides by air;

(12) forest pest control: individuals who use pesticides in forests, forest nurseries, or forest seed production;

(13) restricted-use pesticide dealer: individuals who distribute or sell restricted-use pesticides;

(14) pesticide research: individuals who conduct field research on pesticide use;

(15) soil fumigation: individuals who apply fumigants to soil to control pests;

(16) non-soil fumigation: individuals who apply fumigants to fumigate anything other than soil;

(17) vertebrate pest control: individuals who apply pesticides to control vertebrate animals within one or more of the following categories:

(A) full vertebrate pest control: individuals who apply pesticides to control various species of vertebrate animals, whether indoors or outdoors, excluding the use of sodium cyanide ejectors or sodium fluoroacetate collars for predator control;

(B) limited vertebrate pest control - rodents: individuals who apply pesticides to control only rodent populations, whether indoors or outdoors;

(C) limited vertebrate pest control - predators: individuals who apply sodium cyanide ejectors or sodium fluoroacetate collars for predator control;

(18) oilfield biocides: individuals who apply biocides during the process of oil and gas exploration, production, storage, or transport;

(19) pesticide technician: individuals who apply general-use pesticides only under the direction of an applicator certified in the appropriate category under (1) - (17) or (20) of this subsection; the certified applicator shall

(A) make all decisions related to pest control;

(B) be immediately available for consultation by telephone or other means if needed; and

(i) complete pesticide product name;

(ii) EPA registration number of the pesticide;

(iii) date of application;

(iv) address of the application;

(v) method of application;

(vi) rate of application;

(vii) dilution of the pesticide;

(viii) estimated total amount of pesticide product to be applied;

(ix) target pests;

(x) site of the application;

(xi) name and current certification number of the pesticide technician to apply the pesticide; and

(xii) name and current certification number of the certified applicator directing the pesticide application;

(20) seed treatment: individuals who apply pesticides to treat seed or plant parts grown and stored for distribution and planting.

(d) An individual certified under 18 AAC 90.300 - 18 AAC 90.315 shall have a copy of the certification

(1) in that individual's possession when conducting an activity described in (a) of this section; or

(2) displayed in that individual's place of business.

(e) An individual certified under 18 AAC 90.300 - 18 AAC 90.315 shall notify the department within 30 days after a change in

(1) the individual's business name or organization of the individual's business; or

(2) other information provided in the certification application.

(f) Certification under 18 AAC 90.300 - 18 AAC 90.315 may not be transferred.

(g) An individual who uses only a general-use pesticide as part of the individual's workplace activity is exempt from the certification requirements of 18 AAC 90.300 - 18 AAC 90.315 if

(1) the use is only on property owned or leased by the individual or the individual's employer;

(2) the individual's employer is not engaged in the custom, commercial, or contract use of pesticides; and

(3) the use is not in a public place or a school except for applications of

(A) general-use antimicrobial pesticides;

(B) rodenticides in tamper-resistant bait stations; or

(h) An individual certified as a pesticide technician under (c)(19) of this section shall have a copy of the written instructions provided by the directing certified applicator in that individual's possession when conducting an activity described in (a) of this section.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 10/27/2017, Register 224; am 7/5/2019, Register 231; am 6/18/2023, Register 246

18 AAC 90.305 Certification procedures

(a) An individual who seeks certification under 18 AAC 90.300 shall submit an application on a form supplied by the department and the fee required by 18 AAC 90.860.

(b) Subject to (f) of this section, the department will certify an applicant who

(1) is at least 18 years of age;

(2) attends a training session or completes an Internet or other correspondence course approved by the department; and

(3) demonstrates knowledge of state and federal pesticide statutes and regulations, as well as pesticide hazards and safety precautions, by passing written examinations administered by the department or the department's representative as described in (c) of this section.

(1) written core competency examinations for all commercial pesticide applicators that address, at a minimum, all the areas of competency specified in 40 C.F.R. 171.103(c), as amended through July 1, 2022 and adopted by reference;

(2) written category competency examinations for all commercial pesticide applicators that address, at a minimum, all the areas of competency specified in 40 C.F.R. 171.103(d), as amended through July 1, 2022 and adopted by reference, for each category in which the applicant intends to become certified; and

(3) written examinations for all designated private applicators of restricted-use pesticides that address all the areas of competency specified in this subsection, as well as 40 C.F.R. 171.105(a), as amended through July 1, 2022 and adopted by reference.

(d) The department will impose specific conditions upon a certification issued under 18 AAC 90.300 to protect human health, safety, welfare, animals, and the environment.

(e) A certification issued under 18 AAC 90.300 - 18 AAC 90.315 is valid for no more than three years after the date it is issued and is subject to the renewal requirements of 18 AAC 90.310.

(f) The department will, in its discretion, deny an application for certification if the applicant

(1) fails to meet the requirements of this section;

(2) makes false or misleading statements on the application;

(3) has failed to comply with a provision of this chapter in the past;

(4) has been convicted of a violation under FIFRA or the pesticide laws of another state; or

(5) is under a final order imposing a civil penalty under FIFRA or the pesticide laws of another state.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 2/15/2006, Register 177; am 9/30/2007, Register 183; am 10/27/2017, Register 224; am 6/18/2023, Register 246

18 AAC 90.310 Certification renewal

(a) To renew a certification issued under 18 AAC 90.300, before expiration of the certification an individual must

(1) submit a certification renewal application on a form supplied by the department; and

(2) obtain a minimum of 12 continuing education hours approved by the department under (b) of this section.

(b) The department will approve one or more applicable portions of a course for pesticide applicator certification renewal continuing education hours if

(1) a course sponsor submits a detailed agenda for approval at least annually;

(2) a course sponsor documents how it will verify attendance throughout the duration of an approved portion of the course;

(3) a course topic relates to pests, pest control, pesticides, or pesticide laws and regulations; and

(4) the department staff is able to review content or attend a course at any time, free of charge, to verify suitability and quality of content, attendance, and verification procedures.

(c) The provisions of 18 AAC 90.305(d) - (f) apply to an individual seeking to renew certification under this section and to a certification that is renewed under this section.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 9/30/2007, Register 183; am 10/27/2017, Register 224; am 7/5/2019, Register 231; am 6/18/2023, Register 246

18 AAC 90.315 Certification modification, suspension, or revocation

(a) The department will, in its discretion, modify, suspend, or revoke a certification

(1) for violation of

(A) an applicable statute or regulation; or

(B) a specific condition that was imposed on a new or renewed certification under 18 AAC 90.305(d) or that was imposed on a permit under 18 AAC 90.525(c);

(2) if the department learns of information that

(A) was not available to the department at the time a new or renewed certification was issued; and

(B) would be grounds for denial of certification under 18 AAC 90.305(f); or

(3) if the certified pesticide applicator repeatedly prevents the department from conducting an inspection, site visit, or records review by failing to respond in a timely manner.

(b) The department will provide written notice of the department's action under (a) of this section to the affected individual within 10 working days after the department decides to modify, suspend, or revoke certification. An affected individual who disagrees with the department's decision may

(1) appeal the decision under 18 AAC 90.900; or

(2) request an adjudicatory hearing under 18 AAC 15.200.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

Article 4 Recordkeeping Requirements

18 AAC 90.400 Recordkeeping requirements for restricted-use pesticide dealers

A dealer who purchases or sells restricted-use pesticides shall, for at least two years after each purchase and sale, keep accurate written records. The records must be available to the department upon request and must contain the

(1) product or brand name, EPA registration number, and amount of each restricted-use pesticide purchased from a dealer or manufacturer;

(2) current inventory of restricted-use pesticides;

(3) name and address of each applicator purchasing a restricted use pesticide and

(A) current certification number;

(B) category of use under 18 AAC 90.300(c) for which the applicator is certified; and

(4) product or brand name, EPA registration number, amount, intended use, and date of sale to a certified applicator of each restricted-use pesticide;

(5) name, address, and signature of each purchaser of a restricted-use pesticide, if the purchaser is not a certified applicator; and

(6) each written authorization required under 18 AAC 90.030.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

18 AAC 90.410 Recordkeeping requirements for private applicators of restricted-use pesticides

A private applicator shall keep accurate records of all uses of restricted-use pesticides for at least two years after each use. The records must be available to the department upon request and must contain the

(1) product or brand name and the EPA registration number of each pesticide;

(2) date of application;

(3) location of application;

(4) total amount of pesticide applied;

(5) applicator's name and certification number;

(6) crop commodity or site to which the pesticide was applied; and

(7) size of the area treated.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 10/27/2017, Register 224

18 AAC 90.415 Recordkeeping requirements for other applicators of restricted-use pesticides

An applicator of restricted-use pesticides who is not subject to 18 AAC 90.400 or 18 AAC 90.410 shall keep accurate written records of all purchases and uses of restricted-use pesticides for at least two years after each purchase or use. The records must be available to the department upon request and must contain

(1) for each purchase of a restricted-use pesticide by the applicator

(A) the product or brand name of the pesticide;

(B) the EPA registration number of the pesticide;

(D) the address where the pesticide was purchased;

(E) the date the pesticide was purchased; and

(F) the amount of pesticide purchased; and

(2) for each use of a restricted-use pesticide by the applicator

(A) the product or brand name of the pesticide;

(B) the EPA registration number of the pesticide;

(D) the time of use;

(E) the address or location of use;

(F) the crop, commodity, stored product, or site of the use;

(G) the size of the area treated;

(H) the rate of application;

(I) the dilution of the pesticide applied;

(J) the total amount of pesticide product used;

(L) the name of the person applying the pesticide;

(M) the certification number of the person applying the pesticide;

(N) the name of the person for whom the pesticide is being applied;

(O) the address of the person for whom the pesticide is being applied; and

(P) if the pesticide is a fumigant, instead of application rate and dilution,

(i) the temperature during the exposure period;

(ii) the duration of the exposure period; and

(iii) pounds of gas released per 1,000 cubic feet of space.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183; am 10/27/2017, Register 224; am 6/18/2023, Register 246

18 AAC 90.420 Recordkeeping requirements for custom, commercial, or contract applicators of pesticides

In addition to meeting the requirements of 18 AAC 90.415, a custom, commercial, or contract applicator of pesticides shall keep accurate written records of all uses of general use pesticides for at least two years after each use. The records must be available to the department upon request and must contain

(1) the product or brand name of the pesticide;

(2) the EPA registration number of the pesticide;

(3) the date of use;

(4) the address or location of use;

(5) the crop, commodity, stored product, or site of the use;

(6) the size of the area treated;

(7) the rate of application;

(8) the dilution of the pesticide applied;

(9) the total amount of pesticide product used;

(10) the target pests;

(11) the name of the person applying the pesticide;

(12) the certification number of the person applying the pesticide;

(13) a copy of any instructions provided to pesticide technicians under a certified applicator's supervision; and

(14) if the pesticide is a fumigant, instead of application rate and dilution,

(A) the temperature during the exposure period;

(B) the duration of the exposure period; and

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 3/31/2002, Register 161; am 10/27/2017, Register 224; am 6/18/2023, Register 246

Article 5 Permit Requirements

18 AAC 90.500 Permit for certain public pesticide programs or projects

Except as provided in 18 AAC 90.510, the state or a borough or city of any class may not, without first obtaining a permit issued by the department, initiate a public pesticide program or project that affects property owned separately by two or more persons.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 3/7/2013, Register 205

18 AAC 90.505 Permit for water and aerial application of pesticides

A person or government entity may not, without first obtaining a permit issued by the department, direct, conduct, participate in, or allow the use of a pesticide

(1) to waters of the state; or

(2) by aircraft or helicopter.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145

18 AAC 90.510 Exemptions from permit requirements

(a) Antimicrobial pesticides are exempt from the permit requirements of this chapter if the antimicrobial pesticides are applied only for oilfield operations or the treatment of drinking water.

(b) The commissioner may, upon written request, exempt the application of a pesticide from a requirement of this chapter if the commissioner determines that an emergency exists, including a significant

(1) risk to human health;

(2) risk to the environment; or

(3) economic loss.

(c) The department will, upon written request, exempt a proposed pesticide application, except for an application by aircraft or helicopter, from a permit requirement of this chapter if the department determines that granting the exemption will not result in an unreasonable adverse effect, and that the

(1) application of the pesticide is necessary for the safe operation of nonpublic areas of an airport certificated by the Federal Aviation Administration under 14 C.F.R. 139; or

(2) pesticide is to be applied on no more than 20 acres for a research project conducted

(A) by the University of Alaska; or

(B) on land owned or leased by the state.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183

18 AAC 90.515 Permit application

A person required to have a permit under 18 AAC 90.500 or 18 AAC 90.505 shall submit a completed application to the department as required by 18 AAC 15.020, using a form supplied by the department, unless the person is applying for general permit coverage under 18 AAC 90.550. The application must identify

(1) the common or brand name of each pesticide to be used, the name of the seller or distributor from whom the pesticide is obtained, and the EPA registration number for each pesticide;

(2) the targeted pests to be controlled by the pesticide;

(3) each type of formulation to be used;

(4) each type of adjuvant to be used;

(5) the percentage of each active ingredient in each formulation;

(6) the rate of application for each active ingredient to be applied;

(7) the proposed protective area under 18 AAC 90.800, if the pesticide is to be applied as part of a forestry vegetation management project;

(8) a description of the treatment area where the pesticide will be applied, including

(A) the location depicted on a map or plat issued by the United States, the state, or municipality;

(B) the size of the treatment area;

(D) each potentially affected surface water or marine water body within 200 feet of the treatment area, or each public or private water system within 200 feet of the treatment area; in this subparagraph, "public water system" and "private water system" have the meanings given in 18 AAC 80.1990;

(E) soil type, including drainage characteristics, in the treatment area; and

(F) average annual precipitation;

(9) the proposed date and time of each pesticide application;

(10) the method of application;

(11) the method of disposal of excess pesticides and empty pesticide containers;

(12) special precautions planned to protect human health, safety, and welfare, animals, and the environment;

(13) evidence that a person who directs, carries out, or participates in a pesticide program or project described in 18 AAC 90.500 or 18 AAC 90.505 has working knowledge of the pesticides to be applied, the necessary safety precautions, and potential impact on the environment; the evidence required by this paragraph must include proof of appropriate certification under 18 AAC 90.300 - 18 AAC 90.315;

(14) for an application of a pesticide by aircraft or helicopter, a current copy of the Federal Aviation Administration's operations certificate for the aircraft or helicopter, as appropriate;

(15) if requested by the department, proof of land ownership or permission from the landowner to apply the pesticide on the treatment area;

(16) information that demonstrates to the department's satisfaction that the pesticide to be applied does not cause an unreasonable adverse effect;

(17) other information that the department requests and that the department considers pertinent to compliance by the applicant with this chapter; and

(18) any federally listed species referenced in 50 C.F.R. 17.11 - 17.12 with potential to occur in the area affected by pesticide treatment.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 7/5/2019, Register 231

18 AAC 90.520 Public notice requirements; public hearings

(a) A person required to have a permit under this chapter must publish a public notice in accordance with the requirements of 18 AAC 15.050, unless the person is applying for general permit coverage under 18 AAC 90.550 for water or aerial pesticide application that requires a permit under 18 AAC 90.505.

(b) If a public hearing is required under 18 AAC 15.060,

(1) the applicant must publish the notice of public hearing in accordance with 18 AAC 15.060;

(2) the department will conduct the public hearing in accordance with 18 AAC 15.060; and

(3) the applicant must provide a transcript of the hearing to the department no more than 15 days after the hearing.

(c) Upon receipt of a permit application, the department may send a copy of the permit application and the public notice of application to appropriate local, state, and federal agencies requesting that any comments on the application be submitted in writing to the department no more than 21 days after the department mails out the copy.

(d) If an applicant submits a permit application under 18 AAC 90.505 for forestry vegetation management where a pesticide is to be applied by aircraft or helicopter, the applicant may not publish a public notice until the department sends the applicant the copy of comments or notification described in this subsection. Upon receipt of the application, the department will immediately send a copy of the permit application to the Department of Natural Resources for review and comment, requesting that any comments on the permit application be submitted in writing to the department no more than 21 days after the department mails out the copy. Upon receipt of those comments or the expiration of the 21-day period without receipt of comments, the department will send the applicant a copy of those comments or a notification that comments were not received. The applicant may make changes to the permit application to address any comments and must submit those changes, in writing, to the department no more than 10 days after the applicant receives the comments. After submitting any changes to the department, the applicant must publish public notice under (a) of this section.

(e) An applicant for a permit for forestry vegetation management where a pesticide is to be applied by aircraft or helicopter shall make available for public review, during the period for filing written public comments with the department,

(1) comments from the Department of Natural Resources or a statement that comments from that department were not received before public notice was published; and

(2) a description of any changes to the permit application in response to comments from the Department of Natural Resources.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 4/10/2010, Register 194; am 7/5/2019, Register 231

18 AAC 90.525 Permit issuance or denial

(a) The department will issue or deny a permit after reviewing the information contained in an application, the public record that results from public notice and any public hearing under 18 AAC 90.520, and comments received from local, state, or federal agencies. The department's decision will be in writing and, if denying a permit, will state the reasons for that denial.

(b) The department will, in its discretion, deny a permit if

(1) the applicant fails to supply information or evidence required by this chapter;

(2) the department determines that the special precautions referred to in 18 AAC 90.515(12) are inadequate to prevent unreasonable adverse effects;

(3) the applicant or a person under the applicant's direct supervision has failed to abide by a condition of a previous permit;

(4) a proposed action is unlawful; or

(5) the department finds that the application of the pesticide will result in an unreasonable adverse effect.

(c) The department will, in its discretion, include conditions in a permit to protect human health, safety, or welfare, animals, or the environment.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183

18 AAC 90.530 Permit term

(a) The department will send a copy of the department's decision to issue or deny a permit to the applicant and to each person who commented on the application as provided in 18 AAC 15.080.

(b) A permit takes effect no sooner than 40 days after the department issues a permit.

(d) This section applies to a permit issued under 18 AAC 90.525.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 4/10/2010, Register 194; am 7/5/2019, Register 231

18 AAC 90.535 Summary of treatment results

(a) Within 90 days after a permit issued under 18 AAC 90.500 - 18 AAC 90.540 expires, the permittee shall submit to the department a summary of the treatment results, including

(1) the dates of the treatment;

(2) the total amount of each pesticide used;

(3) an assessment of the success or failure of the treatment; and

(4) any observed effect on human health, safety, or welfare, animals, or the environment;

(5) monitoring results, if under this chapter the department required the permittee to conduct monitoring; and

(6) records required to be kept under 18 AAC 90.400 - 18 AAC 90.420.

(b) In addition to other sanctions provided by law, failure to submit a summary requested under (a) of this section is a basis for denial of a subsequent permit.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183

18 AAC 90.540 Permit modification, suspension, or revocation

(a) The department may modify, suspend, or revoke a permit issued under 18 AAC 90.525 or a general permit issued under 18 AAC 90.545 if

(1) the department finds that a violation of this chapter or of the permit has occurred;

(2) an activity that occurs under the permit has an unanticipated effect on human health, safety, or welfare, animals, or the environment; or

(3) the permittee requests changes to the permit.

(b) For a permit modification requested under (a)(3) of this section, the department will require a new public notice under 18 AAC 90.520 if

(1) the proposed modification includes additional pesticide products or over a 20 percent increase in the total volume of concentrated pesticide product of existing permitted pesticides used;

(2) the proposed modification involves over a 20 percent increase in the area to be treated;

(3) the proposed modification includes changes that could impact human health, safety, or welfare, animals, or the environment that were not addressed in the original permit; or

(4) the department, in its discretion, determines that additional notice would be in the best interest of the public.

(c) The department will provide written notice to the permittee of the department's action under (a) of this section within 10 working days after the department decides to modify, suspend, or revoke a permit. A person who disagrees with the department's decision may

(1) request an informal review of the decision under 18 AAC 90.900; and

(2) request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 7/11/2002, Register 163; am 9/30/2007, Register 183; am 7/5/2019, Register 231

18 AAC 90.545 General permit

(a) The department may issue a general permit for one or more types of pesticide application subject to the permit requirements of this chapter.

(b) General permit development may be initiated by the department, or at the request of one or more persons.

(1) involves control of similar species;

(2) is limited to a specific pesticide or list of pesticides;

(3) will be performed by an applicator certified by the department; and

(4) is, in the department's determination, best regulated under a general permit.

(d) The department will restrict the coverage of a general permit to certain geographic areas or water body types, or add other limitations as necessary to protect human health, safety, or welfare, animals, or the environment.

(e) The department will include conditions in the general permit that the department determines necessary to ensure that there will be no unreasonable adverse effect from the application of pesticides.

(f) For a general permit that proposes aerial application of pesticides for forestry management, and before public notice, the department will send a copy of the draft general permit to the Department of Natural Resources and will request that any comments on the draft general permit be submitted in writing to the department no more than 21 days after receiving a copy of the draft general permit. The department will modify the draft general permit as necessary to address any comments received.

(g) The department will give notice to the public that a draft general permit has been prepared under this section. The public notice

(1) may describe more than one permit or permit action;

(2) will be consistent with the public notice requirements of 18 AAC 15.050(c); and

(3) will allow at least 30 days for public comment on the draft general permit.

(h) The department will hold a public hearing on a draft general permit under this section if

(1) no more than 30 days after the second publication under (g)(2) of this section, a hearing is requested under 18 AAC 15.060(a); or

(2) the department finds that good cause exists, even if a hearing has not been requested under (1) of this subsection.

(i) A public hearing held under (h) of this section will be conducted in accordance with 18 AAC 15.060(c) - (h).

(j) At the conclusion of the public comment period and any public hearing held under (h) of this section, the department will either issue or deny the general permit. A copy of the department's decision will be sent to any person who submitted written comments on the draft general permit. The decision will include a statement that any person who is aggrieved by the decision may request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

(k) A general permit issued under this section will be for a fixed term not to exceed five years.

(l) The department may renew a general permit issued under this section. Public notice of the renewed general permit will be provided if

(1) the renewed general permit includes additional pesticides;

(2) the renewed general permit includes changes that could impact human health, safety, or welfare, animals, or the environment and that are not addressed in the original permit; or

(3) the department, in its discretion, determines that additional notice would be in the best interest of the public.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 7/5/2019, Register 231

18 AAC 90.550 Application for coverage under general permit

(a) A person seeking coverage for a pesticide project under a general permit shall submit to the department a complete application for coverage on a form supplied by the department. In the application for coverage, the person must demonstrate that the pesticide project meets the conditions described in the general permit.

(b) The department may determine that a proposed project is not eligible for coverage under the general permit, based on

(1) site-specific concerns with the proposed project location; or

(2) a determination that the project does not meet the conditions described in the general permit.

(c) A person seeking coverage for a pesticide project under a general permit that is subject to the permit requirements of 18 AAC 90.500 must follow the requirements of 18 AAC 90.520(a) and (b).

(d) A pesticide project is not authorized under the general permit until the department issues

(1) a written approval that notifies the person overseeing the pesticide project that the project is covered by the general permit; and

(2) a project tracking number.

(e) A person whose pesticide project has been authorized under the general permit may not apply pesticides until 15 days after publishing a notice of the pesticide application in a newspaper of general circulation in the pesticide project area. The notice must include

(1) the location of the proposed application;

(2) the complete pesticide product name of each pesticide to be used;

(3) the EPA registration number of each pesticide to be used;

(4) the target pest;

(5) the method of applying each pesticide; and

(6) the identity and contact information of a person who can provide the public with information about the program or project.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 7/5/2019, Register 231

18 AAC 90.555 General permit coverage suspension or revocation

(a) The department may suspend or revoke any pesticide project's coverage under a general permit if

(1) the person who was granted general permit coverage requests that permit coverage be suspended or revoked;

(2) the department finds that a violation of this chapter or of the general permit has occurred;

(3) an activity that occurs under the general permit has an unanticipated effect on human health, safety, or welfare, animals, or the environment; or

(4) the department determines that conditions under which permit coverage was originally granted have changed or are not accurate.

(b) The department will provide written notice to the person who was granted general permit coverage of the department's action under (a) of this section within 10 working days after the department decides to suspend or revoke coverage under the general permit for a project.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 7/5/2019, Register 231

Article 6 Pesticide Handling Requirements

18 AAC 90.600 Operating requirements for applicators

When using pesticides, an applicator shall

(1) adhere to requirements specified by the labeling;

(2) when measuring concentrated materials, use only apparatus accurately calibrated to the smallest unit in which the material is being weighed or measured;

(3) when the active ingredient is in suspension, or when using a mixture of materials, maintain a uniform mixture; and

(4) thoroughly clean pesticide-contaminated apparatus after use.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

18 AAC 90.605 Ground and aircraft spray apparatus

(a) The department will, in its discretion,

(1) inspect ground or air apparatus used to apply pesticides; and

(2) require repairs of ground or air apparatus or other changes before further use.

(b) A person applying pesticides while using an aircraft or helicopter shall ensure that aircraft apparatus used to apply a pesticide

(1) meets the following requirements:

(A) the flow of liquid to aircraft nozzles must be controlled by a positive shutoff system, and each nozzle must be equipped with

(i) a check valve, with the flow controlled by a check-valve device or a boom pressure release device that puts a negative pressure on the system; or

(ii) a positive action valve system; and

(B) fixed-wing aircraft and helicopters must be equipped so that the orifice of each nozzle can be directed backward, parallel to the horizontal axis of the aircraft in flight; and

(2) is calibrated to apply the pesticide at the concentration and rate of application specified by the pesticide labeling.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145

18 AAC 90.610 Drift control and dispersion restrictions

A person may not

(1) apply a pesticide in a manner that results in pesticide drift;

(2) apply a pesticide when wind speed, as measured using a calibrated device to measure wind velocity and direction, exceeds

(A) the maximum wind speed stated in the labeling; or

(B) seven miles per hour, if no wind speed is stated in the labeling;

(3) disperse a pesticide from aircraft while in flight, except over the target site at the customary height for the target; emergency dumping is not a violation of this paragraph but is a discharge that must be reported as required under 18 AAC 90.040; or

(4) use or install an automatic sprayer or mister intended for outdoor insect control unless that equipment incorporates the use of

(A) wind speed monitors that will suspend application of a pesticide whenever wind speeds are greater than seven miles per hour or a lower wind speed specified on the product label;

(B) rain monitors that will suspend application of a pesticide during rainfall exceeding 0.1 inch per hour;

(C) thermometers that will suspend application of a pesticide whenever ambient temperatures fall below 50° Fahrenheit; and

(D) motion detectors that will suspend application of a pesticide whenever people or pets are active in the application area.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 10/27/2017, Register 224

18 AAC 90.615 Storage and disposal of pesticides and pesticide containers

(a) A person who applies a pesticide shall properly dispose of each empty container. A person may burn an empty pesticide container only if

(1) the container's labeling allows the container to be burned; and

(2) burning is done in compliance with 18 AAC 50.

(b) Custom, commercial, or contract applicators, and school administrators shall store all pesticides, including general-use and restricted-use pesticides, as required by (d) - (h) of this section.

(d) The storage requirements of this section apply to empty, full, or partially full pesticide containers that are the responsibility of the persons identified in (b) and (c) of this section. These containers must be stored in one of the following enclosures that, when unattended, is locked to prevent unauthorized persons, or livestock or other animals from gaining entry:

(1) a closed vehicle;

(2) a closed trailer;

(3) a closed building or room;

(4) a fenced area with a fence at least six feet high; or

(5) a truck or trailer with solid side racks and secured tailgate at least six feet above the ground.

(e) A warning notice must be posted on the outside of an enclosure listed in (d)(2) - (4) of this section. The notice must

(1) include the name and telephone number of a person to contact in an emergency;

(2) be a minimum size of 8 by 10 inches;

(3) use lettering at least three-fourths inch high;

(4) be a sign as follows, if the stored pesticide has an EPA-approved label containing a skull and crossbones and the signal word "danger"; and

Click to view SEAL

(5) be a sign containing the signal word of the most hazardous pesticide being stored, either "warning" or "caution", as follows, if none of the stored pesticides has an EPA-approved label containing a skull and crossbones and "danger" signal word:

Click to view SEAL

(f) The notice described in (e) of this section must be repeated in an appropriate language other than English if it is probable that persons who do not understand English will come to the enclosure.

(g) The posting of a warning notice other than as specified in (e) of this section must be approved by the department.

(h) The words "POISON" or "CHEMICAL" may be substituted for the word "PESTICIDE" in a warning notice required under (e) of this section.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 10/27/2017, Register 224

18 AAC 90.620 Insurance required

(a) Except as provided in (c) or (d) of this section, a person may not obtain certification for custom, commercial, or contract use of a pesticide unless the person or the person's employer has furnished evidence to the department of a liability insurance policy of not less than $500,000 per person for bodily injury, and not less than $300,000 per incident for property damage. The person shall notify the department in writing each year of the current liability coverage, and if coverage is changed, not later than 30 days after the change in coverage.

(b) The department will modify or suspend certification under this chapter if insurance required under (a) of this section is not provided or is reduced below the minimum amounts required.

(c) The requirements of this section do not apply to a local, state, or federal agency employee, or an employee of a school, who engages in the custom, commercial, or contract use of a pesticide as part of the employee's employment activities.

(d) An individual may declare the individual in writing as a designated private applicator, affirming that the individual will apply only non-fumigant pesticides on property owned or leased by the individual.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/1/98, Register 145; am 3/31/2002, Register 161; am 10/27/2017, Register 224

18 AAC 90.625 School use and notification

(a) The administrator of a school shall, whenever practical, ensure the use of nonchemical methods to control pests, including proper sanitation practices, structural repair, and window screens.

(b) Except as provided in (h) of this section, at least 24 hours before the application of a pesticide to an area of the school that is used by or is accessible to children, the administrator of the school shall notify parents or guardians of children of the application; a notice under this subsection must include

(1) a description of the area where the pesticide will be applied;

(2) the date and approximate time of application; if the application will be outdoors, the notification must include three dates in chronological order in case the preceding date is canceled due to weather;

(3) the common or brand name of each pesticide to be used;

(4) the targeted pests to be controlled by the pesticide;

(5) each active ingredient in the pesticide;

(6) the EPA registration number;

(7) the telephone contact number, if any, on the label of the pesticide for additional information about each pesticide; and

(8) a contact name and telephone number at the school.

(c) During the school term the notification required in this section must be made by individual notice delivered by phone, face to face oral communication, electronic mail, postal mail, or facsimile. A school or school district may also develop a registration system to provide this notification only to those parents who wish to receive the notification. If the school or school district develops a registration system, the administrator of each school shall provide written notice to the parents or guardians of the children at the beginning of the school year or upon a child's enrollment that pesticides may be used in or around the school, and shall explain to each parent or guardian how to register to be notified at least 24 hours before a pesticide treatment.

(d) If given in writing, the notice required in (c) of this section may not be included with any other notice being provided to parents or guardians on another matter.

(e) If pesticides are used outside the school term and the school is open to or accessible by the public, the notification required under this section must be prominently posted in a conspicuous location on the school premises at least 24 hours before the pesticide treatment is scheduled to begin.

(f) Immediately before starting the application of a pesticide, the certified applicator shall post an 81/2 x 11 inch sign in the area where pesticides are being applied. The school administrator shall ensure the sign remains posted and children are kept out of the treated area until the reentry interval on the label, if any, has expired, or, if the label does not specify a reentry interval, for at least 24 hours. The sign must contain the following message, along with the name of the pesticide, the pesticide's EPA registration number, the name and telephone number of a contact for the school, and the date and time of the application:

Click to view SIGN

(g) A school administrator may authorize an immediate pesticide treatment without prior notification if the administrator determines an emergency exists. An emergency includes an immediate and unanticipated threat to the health and safety of the individuals at the school. An emergency does not exempt the school from the requirements of (f) of this section.

(h) The following pesticide applications are not subject to the notification or posting requirements of this section:

(1) applications of antimicrobial pesticides;

(2) an application where the school remains unoccupied for a continuous 72 hour period following the application of the pesticide;

(3) applications of rodenticides in tamper resistant bait stations or in areas inaccessible to children;

(4) applications of silica gels and other ready-to-use pastes, foams, or gels that will be used in areas inaccessible to children.

(i) A school administrator shall keep records of pesticide applications subject to the notification and posting requirements of this section. Records must be kept for two years and include

(1) a copy of each notice issued under this section; if a school administrator authorizes a pesticide application under (g) of this section, all the information that is required in a notice under (b) of this section must be included in the record;

(2) the date of application;

(3) the name and employer of the individual who applied the pesticide, including the individual's certification number;

(4) the rate of application;

(5) the concentration of the pesticide applied; and

(6) the total amount of pesticide used.

(j) Records required to be kept under this section must be made available to the department and to the public for review.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 3/31/2002, Register 161; am 9/30/2007, Register 183

18 AAC 90.630 Public notification and posting of pesticide applications to public places

(a) A person may not apply a pesticide in a public place without first posting a written notice on the application site. The notice

(1) must be conspicuously posted at each point of customary access to each public place or each portion of each public place requiring a written notice;

(2) must be at least 81/2 x 11 inches and be reasonably designed to remain legible for the longest of the following time periods:

(A) at least 24 hours after the application;

(B) the period until, according to the product label, entering the application site will be safe;

(3) if posted outdoors and not on a structure, must be posted at least 12 inches above ground level;

(4) if posted indoors or on a structure, must be

(A) posted no less than three and no more than four feet above floor level; and

(B) attached so as to remain in place;

(5) must be posted immediately before the pesticide application begins and remain in place for the longest of the time periods set out in (2)(A) and (B) of this subsection; and

(6) must contain the following wording, in substantially the following format, along with the date and time of the application, the name, address, and telephone number of the contact person, and the time at which the pesticide will be dry, or if entering the application site is not yet safe when the pesticide is dry, the time when, according to the label, entering the site will be safe:

Click to view SEAL

(b) Before beginning the application, the applicator or the applicator's agent shall make available to the contact person a written statement containing

(1) the name, address, and telephone number of the applicator, or of the applicator's employer;

(2) the common or trade name, EPA registration number, amount used, and target pests treated for each pesticide applied;

(3) adjuvants used, if any; and

(4) any post-application re-entry precautions, including at a minimum those contained on the label.

(d) The following pesticide applications are not subject to the notification or posting requirements of this section:

(1) applications of antimicrobial pesticides;

(2) applications of rodenticides in tamper-resistant bait stations;

(3) applications of silica gels and other ready-to-use pastes, foams, or gels.

(e) The contact person may authorize an immediate pesticide treatment without prior posting or notification if the contact person determines that an emergency exists. An emergency is an immediate and unanticipated threat to the health and safety of humans or the environment at the public place. An emergency does not exempt the applicator or the applicator's agent from the requirements of (b) of this section, or the contact person from the requirements of (c) and (f) of this section.

(f) The contact person shall keep accurate written records of all pesticide applications that are subject to the posting and notification requirements of this section. Those written records must

(1) contain all the information required under (b) of this section;

(2) be kept for at least two years; and

(3) be made available to the department or to any person directly affected by the application upon request during the two-year period.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 9/30/2007, Register 183

18 AAC 90.635 Tenant notification of pesticide application

A person may not apply a pesticide within a dwelling unit used as a home, residence, or sleeping place leased to another person, without first notifying the tenant

(1) by posting, at each entrance to the treated area, a written notice that complies with the requirements listed in 18 AAC 90.630; or

(2) verbally, including the date and time of application, the name of the pesticide, and instructions about when the structure may safely be reentered, based on the pesticide label instructions.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 10/27/2017, Register 224

18 AAC 90.640 Pesticide applications on state land

(a) Except as provided under 18 AAC 90.500 and 18 AAC 90.505, the application of one or more pesticides on land owned or leased by an agency of the state, or on a right-of-way managed by the agency, is authorized if

(1) the application follows an integrated pest management plan appropriate for the pest of concern in accordance with 18 AAC 90.645, and adopted by the agency applying a pesticide;

(2) the integrated pest management plan is published on the department's website;

(3) not later than 30 days before the application, or 30 days before the first application of a multi-application project, notification has been provided by mail, return receipt requested, to owners of public water systems if the application will occur within 200 feet of the water source; in this paragraph, "public water system" has the meaning given in 18 AAC 80.1990;

(4) a pesticide will be applied by an applicator certified by the department;

(5) public notice of the application is provided in accordance with (b) of this section;

(6) the department is notified not later than 15 days before an application; notification is required under this paragraph before each application of a multi-application project;

(7) the person in charge described in 18 AAC 90.650 keeps an accurate written record of each application of each pesticide for at least two years after that use; the record must be available to the department upon request and must contain

(A) the information listed in 18 AAC 90.415(2); and

(B) a record of all notifications issued under (a)(3) and (6) and (b) of this section;

(8) for each pesticide applied to more than a total of 20 acres in a calendar year, the person in charge described in 18 AAC 90.650 posts a report on the agency's website that describes the complete product name, EPA registration number, quantity of mixed pesticide applied, and location of each application; and

(9) the department is granted access to the property at reasonable times without prior approval during pesticide applications.

(b) If specific notice requirements under 18 AAC 90.625 or 18 AAC 90.630 do not apply, the agency applying a pesticide must publish two consecutive notices of the pesticide application in a newspaper of general circulation in the affected area. The notice must be completed not later than 30 days before application, or 30 days before the first application of a multi-application project, and must include

(1) the location of the proposed activity;

(2) the complete name and EPA registration number of each pesticide to be used;

(3) the target pest for the pesticide application;

(4) the method of applying each pesticide; and

(5) how the public can receive more information.

(c) The agency may perform multiple applications of one or more pesticides during one calendar year. Before the first application of the year during a multi-application project, notice must be provided under (a)(3) and (b) of this section. The notice must also provide an approximate number of applications for the proposed project.

(d) For the purposes of this section, multiple applications of one or more pesticides are considered a single public pesticide program or project if each application of each pesticide

(1) is intended to control the same pest or group of pests;

(2) is conducted in the same calendar year;

(3) is conducted by the same agency;

(4) uses only the pesticides designated in a single integrated pest management plan, and uses those pesticides at the same or a similar concentration, within 10 percent; and

(5) is applied using the same or a similar method.

(e) The following pesticide applications on state land are not subject to the requirements of this section:

(1) application of antimicrobial pesticides;

(2) application of pesticides on a total of less than one acre of land during a calendar year; and

(3) application of pesticides inside buildings or structures.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 3/7/2013, Register 205

18 AAC 90.645 Integrated pest management plan

An integrated pest management plan must establish a procedure for the use of one or more pesticides in a manner that poses the least possible hazard to people, property, and the environment, by using pesticides only after nonchemical practices, sanitation, and other preventive methods have failed or are impractical. The integrated pest management plan must include a description of

(1) the preventive methods used to keep pest problems from occurring;

(2) the activities to monitor for the presence of pests;

(3) the thresholds for allowable pest presence;

(4) when appropriate, the use of mechanical and physical controls to reduce pest presence;

(5) the complete name and EPA registration number of each pesticide product used when determined necessary under the integrated pest management plan; and

(6) the identity of the person in charge described in 18 AAC 90.650.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 3/7/2013, Register 205

18 AAC 90.650 Person in charge

The agency initiating a public pesticide program or project shall identify a person in charge to oversee pest control. That person shall

(1) develop and implement an integrated pest management plan in accordance with 18 AAC 90.645;

(2) ensure compliance with the integrated pest management plan;

(3) review and update the integrated pest management plan every two years;

(4) act as the point of contact for information on the public pesticide program or project for the department and for the public; and

(5) when appropriate under the integrated pest management plan, approve the use of pesticides and ensure that they are used in compliance with this chapter.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 3/7/2013, Register 205

Article 7 Inspection and Enforcement

18 AAC 90.700 Inspection

(a) A department employee or designated agent may enter upon public or private premises at reasonable times and with the owner's or occupier's consent to

(1) inspect containers, equipment, and supplies used to store, mix, load, transport, or apply pesticides;

(2) inspect, investigate, or take samples in response to a complaint or investigation involving pesticides or their use, sale, distribution, storage or disposal;

(3) inspect display, storage, retail, distribution, mixing, loading, or disposal areas;

(4) take samples of pesticides;

(5) observe the use of a pesticide;

(6) inspect records required by this chapter; or

(7) gather evidence, including the taking of sworn or unsworn statements, for use in evaluating or conducting proceedings to enforce this chapter.

(b) If access is denied to a department employee or agent attempting to conduct an inspection under (a) of this section, or if circumstances warrant access without prior notice, the department will, in its discretion, apply to a court for a search warrant under AS 46.03.860 or other law.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 11/30/2003, Register 168; am 9/30/2007, Register 183

18 AAC 90.705 Stop sale, use, or removal orders

If the department has reasonable cause to believe that a pesticide or device is being distributed, stored, transported, offered for sale, or used in violation of this chapter, the department will, in its discretion, serve a written stop sale, use, or removal order to the owner or custodian of the pesticide or device. If the owner or custodian cannot be timely served, the department will, if possible, attach the order to the pesticide or device and attempt to notify the owner or custodian or the person who has registered the pesticide under 18 AAC 90.200 - 18 AAC 90.235. The order remains in effect until released in writing by the department or vacated or terminated by a court. Issuance of a stop sale, use, or removal order does not preclude other enforcement actions authorized by law.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 9/30/2007, Register 183

Article 8 Forestry Vegetation Management

18 AAC 90.800 Protective area

An applicator who applies a pesticide as part of a forestry vegetation management project

(1) may not apply a pesticide within a protective area

(A) of 200 feet, measured horizontally, from a surface water source that is used for a public water system; for purposes of this subparagraph, "public water system" has the meaning given in 18 AAC 80.1990; and

(B) sufficient in size to ensure that a pesticide applied by the applicator does not enter a pesticide-free zone composed of

(i) a surface water or marine water body; and

(ii) land within 35 feet of that surface water, measured horizontally from the ordinary high water mark, or that marine water body, measured horizontally from the mean higher high water mark; and

(2) if the department determines that it is necessary to protect against an unreasonable adverse effect, may be required by the department to

(A) conduct monitoring; or

(B) modify the protective area described in (1) of this section.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 11/30/2003, Register 168

Article 9 General Provisions

18 AAC 90.850 Registration fee requirements

(a) An initial application for registration submitted under 18 AAC 90.205 or an application for renewal of registration submitted under 18 AAC 90.205 must be accompanied by a fee of $120 for each product.

(b) If a producer has more than one product, the fee will be waived for the second or any subsequent product if that product has the same

(1) EPA registration number; and

(2) product label name.

(c) If an application for renewal of registration is not filed on or before the day the previous registration expires, an additional fee of $15 will be assessed and added to the fee required in (a) of this section.

History

Authority: AS 37.10.050; AS 44.46.025; AS 46.03.330 AS 37.10.052; AS 46.03.020; AS 46.03.730 AS 37.10.058; AS 46.03.320
Eff. 2/15/2006, Register 177; am 4/10/2010, Register 194; am 10/27/2017, Register 224

18 AAC 90.860 Certified applicator fee requirements

An applicator certified under 18 AAC 90.300 will be assessed a fee of $25 before the issuance of the initial certification document and at the time of each annual renewal or recertification. An applicator certified in one category will not be assessed a fee for certifications in other categories.

History

Authority: AS 37.10.050; AS 44.46.025; AS 46.03.330 AS 37.10.052; AS 46.03.020; AS 46.03.730 AS 37.10.058; AS 46.03.320
Eff. 2/15/2006, Register 177; am 10/27/2017, Register 224

18 AAC 90.870 Fee appeal and waiver procedures

A person who disputes the assessment of fees under 18 AAC 90.850 - 18 AAC 90.860 may request a review under 18 AAC 15.190.

History

Authority: AS 44.46.025; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/2006, Register 177

18 AAC 90.900 Right to appeal department's decision

(a) A person subject to this chapter who is aggrieved by a decision of the department under this chapter may request an informal review of the decision under 18 AAC 15.185.

(b) This section does not affect the right of a person to request an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340.

History

Authority: AS 46.03.010; AS 46.03.320; AS 46.03.730 AS 46.03.020; AS 46.03.330
Eff. 2/15/98, Register 145; am 7/11/2002, Register 163

18 AAC 90.990 Definitions

Unless the context indicates otherwise, in this chapter

(1) "active ingredient" means, in the case of a

(A) pesticide other than a plant regulator, defoliant, or desiccant, an ingredient that will prevent, destroy, repel, or mitigate a pest;

(B) plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants or a product of those plants;

(D) desiccant, an ingredient that will artificially accelerate the drying of plant tissue;

(2) "adjuvant" means a substance

(A) with or without toxic properties of its own, intended to be used with or added to a pesticide as an aid to application, safety, or effect; and

(B) sold in a package or container separate from that of the pesticide with which it is to be used;

(3) "adulterated" means a pesticide

(A) the strength or purity of which falls below the professed standard of quality expressed on the label under which it is sold;

(B) for which a substance has been substituted wholly or in part; or

(4) "agricultural commodity" means a plant or part of a plant, livestock, or an animal product that is produced by a farmer, rancher, plant propagator, Christmas tree grower, aquaculturist, floriculturist, orchardist, forester, or similar person and that is produced primarily for sale, consumption, propagation, or other use by humans or animals;

(5) "antimicrobial pesticide" means a pesticide that is intended to

(A) disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms; or

(B) protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime;

(6) "apparatus" means a type of ground, water, or aerial equipment, or contrivance using motorized, mechanical, or pressurized power to apply a pesticide; "apparatus" does not include

(A) a pressurized, hand-held household appliance used to apply a pesticide; or

(B) an appliance, equipment, or contrivance if the person who is applying the pesticide is the source of power or energy in applying the pesticide;

(7) "certified applicator" means a person certified under 18 AAC 90.300 - 18 AAC 90.315;

(8) "custom, commercial, or contract applicator" means an applicator who uses or supervises the use of a pesticide on property other than the applicator's, whether or not the use is for profit or hire;

(9) "custom, commercial, or contract use" means to apply, or offer to apply, pesticides on property other than the applicator's, whether or not the use is for profit or hire;

(10) "defoliant" means a substance or mixture of substances intended to cause leaves or foliage to drop from a plant;

(11) "department" means the Department of Environmental Conservation;

(12) "desiccant" means a substance or mixture of substances intended to artificially accelerate the drying of plant tissues;

(13) "device" means an instrument or contrivance intended to trap, destroy, control, repel, or mitigate pests, but does not include equipment used to apply pesticides if that equipment is sold separately from the pesticide;

(14) "direct supervision" means

(A) for a custom, commercial, or contract applicator, direct on-the-job supervision; or

(B) for all other applicators, that the pesticide is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though the certified applicator is not physically present when the pesticide is applied;

(15) "distribute or sell" means to distribute, sell, offer for sale, display, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and, having so received, deliver or offer to deliver;

(16) "drift" means the physical airborne movement, at the time and as a result of pesticide use, from the target site to a nontarget site in an amount sufficient to cause injury at the nontarget site, made in a manner inconsistent with product label directions or the requirements of this chapter or from treatment made in a careless, faulty, or negligent manner; "drift" does not include the off-target movement by erosion, volatility, or windblown soil particles after treatment; for purposes of this paragraph, "amount sufficient to cause injury" means an amount of pesticide that could cause

(A) pesticide residue in excess of the established tolerance for the pesticide on an affected agricultural commodity at a nontarget site;

(B) death, stunting, deformation, or another effect that is detrimental to the environment, including humans, domestic animals or wildlife, or desirable plants at the nontarget site; or

(C) movement to a nontarget site of a measurable amount of pesticide that is objectionable to the owner of or resident at the nontarget site;

(17) "EPA" means the United States Environmental Protection Agency;

(18) "FIFRA" means the provisions of 7 U.S.C. 136 - 7 U.S.C. 136y (Federal Insecticide, Fungicide and Rodenticide Act);

(19) "food" means a liquid or solid substance consumed by humans, including water or another beverage, a confection, condiment, food ingredient, food additive, or ice, or a substance that enters into the composition of these things, whether simple, blended, mixed, or compounded;

(20) "forestry vegetation management" means the application of a pesticide for afforestation or reforestation, including conifer release; "forestry vegetation management" does not include the application of a pesticide for control of nonindigenous species or pests that may present a risk to human health or the environment; for purposes of this paragraph,

(A) "afforestation" means the establishment of a forest or a stand in an area where the preceding vegetation or land use was not a forest;

(B) "conifer release" means a project to clear weedy vegetation from the area around young conifer seedlings;

(21) "fungi" or "fungus" means any of the numerous plants of the division or kingdom Thallophyta, lacking chlorophyll, ranging in form from a single cell to a body mass of branched filamentous hyphae that often produce specialized fruiting bodies, and including yeasts, molds, smuts, and mushrooms;

(22) "fungicide" means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate fungi, except fungi on or in;

(A) living humans or other animals; or

(B) processed food, beverages, or pharmaceuticals;

(23) "general-use pesticide" means a pesticide that may be legally purchased and used by a person other than a certified applicator;

(24) "herbicide" means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate vegetation;

(25) "inert ingredient" means any part of a pesticide product that is not an active ingredient;

(26) "insect" means any of the small invertebrate animals generally having a body more or less obviously segmented, for the most part belonging to the class Insecta, comprising

(A) six-legged, usually winged forms, including beetles, bugs, bees, and flies; and

(B) other allied classes of arthropods whose members are wingless and usually have more than six legs, including spiders, mites, ticks, centipedes, and wood lice;

(27) "insecticide" means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate insects;

(28) "label" means the written, printed, or graphic matter on, or attached to, a pesticide or device, or its containers or wrappers;

(29) "labeling" means the label affixed to a pesticide container and all other written, printed, or graphic matter to which reference is made on the label or in literature accompanying the pesticide or device, except current official publications of federal and state government agencies or institutions;

(30) "land" means land and water areas, including airspace above those areas, and everything growing or built on those areas;

(31) "mean higher high water mark" means the average of all the higher high water heights over a specified period of time; for purposes of this paragraph, "higher high water" means the higher of the high water of a specified day;

(32) "misbranded" means a pesticide bearing a label

(A) on which any word, statement, or other information required by or under authority of federal law is not prominently placed or is missing;

(B) that has been obscured, destroyed, or defaced wholly or in part;

(C) that contains a false or misleading statement, design, or graphic representation about the ingredients or functions of the pesticide; or

(D) other than the manufacturer's approved label, or that does not contain a label;

(33) "ordinary high water mark" means the mark along the bank or shore up to which the presence and action of the tidal or nontidal water are so common and usual, and so long continued in all ordinary years, as to leave a natural line impressed on the bank or shore and indicated by erosion, shelving, changes in soil characteristics, destruction of terrestrial vegetation, or other distinctive physical characteristics;

(34) "pass" or "passing" means to receive at least 70 percent of the highest possible grade;

(35) "person" means a corporation, company, partnership, firm, association, organization, business trust, society, government agency, and an individual;

(36) "pest" includes any insect, rodent, nematode, fungus, weed, and other forms of terrestrial or aquatic plant or animal life, bacterium, virus, or other microorganism, except a virus, bacterium, or other microorganism on or in a living human or other animal;

(37) "pesticide" means a chemical or biological agent intended to prevent, destroy, repel, or mitigate plant or animal life and any substance intended for use as a plant regulator, defoliant, or desiccant, including insecticides, fungicides, rodenticides, herbicides, nematocides, and biocides; "pesticide" does not include a new animal drug, as defined in 21 U.S.C. 321, that

(A) has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use; or

(B) is animal feed as defined in 21 U.S.C. 321;

(38) "pesticide-free zone" means a strip of land where pesticides may not be directly applied or allowed to reach through natural transport; for purposes of this paragraph, "natural transport" includes wind, runoff, and leaching;

(39) "pesticide consultant" means a person who is

(A) an independent agricultural commodity adviser who makes recommendations on the use of pesticides; or

(B) a pesticide manufacturer's representative, distributor's representative, or field representative of a company or organization that deals in pesticide commodities, and who advises, demonstrates, supervises, or makes recommendations on the use of a pesticide, except a pesticide labeled and intended only for home and garden use;

(40) "pesticide dealer" means a person who distributes or sells a pesticide;

(41) "plant regulator" means a substance, or mixture of substances intended through physiological action to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants or produce; "plant regulator" does not include a substance intended for use as a plant nutrient, trace element, nutritional chemical, plant inoculant or soil amendment;

(42) "premises" means land and improvements or attachments, or a part of the improvements or attachments;

(43) repealed 10/27/2017;

(44) "producer" means the person who manufactures, prepares, compounds, propagates, or processes a pesticide or device, or an active ingredient used to produce a pesticide;

(45) "protective area" means an area of land

(A) between the treatment area and either a pesticide-free zone or another area that requires protection; and

(B) where pesticides are not directly applied but some pesticides may enter through natural transport; for purposes of this subparagraph, "natural transport" includes wind, runoff, and leaching;

(46) "public pesticide program or project" means a program or project involving the use of a pesticide that

(A) is directed, carried out, or participated in by the state or a borough or city of any class; or

(B) involves funds, materials, or equipment of the state, borough, or city;

(47) "rate of application" means the amount of pesticide applied to

(A) a plant or animal;

(B) an area or surface, usually measured as per acre or per 1,000 square feet; or

(48) "restricted-use pesticide" means a pesticide that may be legally purchased and used only by a certified applicator;

(49) "rodenticide" means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents;

(50) "school" means a facility used for educational instruction from kindergarten through 12th grade; "school" includes associated playgrounds, playing fields, gardens, lawns, or other real property devoted to the functions of the facility; "school" does not include a private home or teacher residential area;

(51) "special local need" means an existing or imminent pest problem within the state for which the department, based upon satisfactory supporting information, has found that an appropriate federally-registered pesticide is not available;

(52) "supplemental labeling" means the written, printed, or graphic material that

(A) is on or attached to, or that accompanies, a pesticide container; and

(B) provides supplemental information for a special local need under 18 AAC 90.230;

(53) "surface water" means any of the following water bodies, the designated uses of which are protected under 18 AAC 70:

(A) a fresh water lake or pond with a surface outlet; for purposes of this subparagraph, "fresh water lake or pond" means a confined fresh water body with perennial water and defined shorelines;

(B) a fresh water spring with a surface outlet; for purposes of this subparagraph, "fresh water spring" means a place where subterranean fresh water naturally flows from a rock or soil upon the land or into a body of surface water; and

(C) a fresh water stream; for purposes of this subparagraph, "fresh water stream" means a perennial flow of fresh water along a defined channel, or an intermittent flow of fresh water along a defined channel that is significant for protection of downstream water quality;

(54) "unreasonable adverse effect" means an unreasonable risk to humans, animals, or the environment, taking into account the economic, social, and environmental costs and benefits of the use of a pesticide, as determined by the department;

(55) "waters" has the meaning given that term in AS 46.03.900;

(56) "working day" means a day other than Saturday, Sunday, or a state holiday;

(57) "contact person" means the person who hires the applicator to apply pesticides in a public place;

(58) "public place" has the meaning given in AS 46.03.320(c);

(59) "aircraft" means an airplane, helicopter, or other machine capable of flight, that is used in application of pesticides at a height of one meter or greater above the ground or top of vegetation;

(60) "fumigant" means a pesticide that delivers the active ingredient to the target in the form of a gas;

(61) "regulated pest" means a particular species of pest specifically subject to state or federal regulatory restrictions, regulations, or control procedures intended to protect public health, safety, or welfare, animals, or the environment.

(62) "licensed child care facility" means a "child care facility" defined in 7 AAC 57.010(b) that is subject to the licensing requirement under 7 AAC 57.010(a)(1).

(63) "use," with respect to a pesticide, means

(A) the application of a general-use pesticide or state-designated restricted-use pesticide; and

(B) the utilization of a federally designated restricted-use pesticide, as well as additional activities related to federally designated restricted-use pesticides including

(i) pre-application activities involving mixing and loading the pesticide;

(ii) applying the pesticide; and

(iii) other pesticide-related activities, including transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

History

Authority: AS 41.17.100; AS 46.03.020; AS 46.03.330 AS 46.03.010; AS 46.03.320; AS 46.03.730
Eff. 2/15/98, Register 145; am 3/31/2002, Register 161; am 11/30/2003, Register 168; am 9/30/2007, Register 183; am 10/27/2017, Register 224; am 7/5/2019, Register 231; am 6/18/2023, Register 246

Chapter 95 Administrative Enforcement

Article 1 Compliance Orders

18 AAC 95.010 Initiation of compliance order proceedings

(a) Compliance order proceedings are initiated by the service of a notice of intent to issue a compliance order upon the person or persons responsible for an actual or threatened violation. The notice of intent will be signed by the deputy commissioner.

(b) The notice of intent will

(1) recite the condition, activity or conduct which the deputy commissioner has determined is causing or is threatening to cause a violation;

(2) disclose the basis of the deputy commissioner's determination;

(3) specify the statute, regulation, order, permit or certificate which is being or threatens to be violated;

(4) request of the respondent a detailed report specifying what measures have been or are being taken, or are proposed to be taken, to correct, control or prevent the violation; and

(5) briefly describe the statutory procedures of compliance order proceedings, and the penalties and liabilities to which the respondent is exposed.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.020 Respondent's report and objection

(a) Unless otherwise specified, the respondent shall serve upon the regional office designated in the notice of intent the report requested under sec. 10(b)(4) of this chapter within 15 days of service of the notice of intent. The deadline for service of the report may be shortened by the deputy commissioner if necessary to protect the public health or environment. If a service period of less than 15 days is provided, the notice of intent will state the reasons for that.

(b) Respondent's report must be of sufficient detail to permit an informed judgment by the deputy commissioner as to the adequacy of the actual or proposed remedial or preventive measures. The report must be specific with regard to the precise equipment, facilities, materials or operations to be used, as well as deadlines and timetables. Maps, diagrams and the like should be used to promote clarity, and any germane surveys, reports or sampling or test results should be attached to the report.

(1) the violations specified in the notice of intent have not or do not threaten to occur;

(2) he is not responsible for the violations specified;

(3) no corrective or preventive action of any sort is necessary; or

(4) the notice of intent is so indefinite or uncertain that he cannot identify the transaction, prepare his defense or prepare the report under (b) of this section, he may serve an objection upon the deputy commissioner within 10 days of service of the notice of intent, or within a shorter time period specified in the notice of intent in cases where a time period of less than 15 days is provided for service of the report. Upon service of a timely objection, the time period for service of the report will be held in abeyance pending action by the deputy commissioner under (e) or (g) of this section. If a defense specified in (1) - (3) of this subsection is raised, the objection must concisely state the basis for that defense.

(d) The failure to raise the defense specified in (c)(4) of this section in a timely served objection constitutes a waiver of that defense. All other defenses are preserved, and may be raised in a notice of defense following issuance of the compliance order under sec. 30 of this chapter.

(e) Upon service of a timely objection raising a defense specified in (c)(1) - (3) of this section, and after a review of the record, the deputy commissioner may

(1) if the record warrants, terminate the compliance order proceedings against the respondent;

(2) if he determines that a defense raises a serious and substantial issue, and that the public health or environment will not be unduly harmed or threatened by the delay inherent in a bifurcated hearing, treat the objection as a notice of defense and set the matter for hearing in conformity with secs. 50 - 130 of this chapter; or

(3) if he determines that the defenses do not raise a serious and substantial issue, or that the public health or environment would be unduly harmed or threatened by the delay inherent in a bifurcated hearing, notify the respondent of his determination, and provide the respondent with the unexpired portion of the service period for the report, or five days, whichever is greater, in which to serve his report; notification may be made orally.

(f) A determination by the deputy commissioner under (e)(3) of this section does not constitute final agency action. Findings of fact and, when appropriate, conclusions of law supporting the determination will be made in the compliance order issued under sec. 30 of this chapter, and the deputy commissioner's findings and conclusions may be contested in a hearing held after the issuance of the compliance order.

(g) If a timely served objection raises the defense specified in (c)(4) of this section, and the deputy commissioner determines that there is good cause for the objection, he shall serve a supplemental notice of intent within seven days of service of the objection. If the deputy commissioner determines that there is not good cause for the objection, he shall so notify the respondent within three days of service of the objection. Notification may be made orally. Upon notification, respondent will be afforded the unexpired portion of the service period for the report, or five days, whichever is greater, in which to serve his report.

(h) Upon service of a motion on the deputy commissioner within seven days of service of the notice of intent (or within three days of notification of a determination under (e)(3) or (g) of this section) the deputy commissioner shall grant an extension for service of the report upon finding that

(1) good cause exists for the extension; and

(2) the public health or environment will not be unduly harmed or threatened by the extension.

(i) The time period specified in the notice of intent (or in a determination made under (e)(3) or (g) of this section) for service of the report will be held in abeyance from the date of service of a motion under this subsection until service of the decision by the deputy commissioner. If an extension request is denied, the respondent will be afforded the unexpired portion of the service period for the report, or five days, whichever is greater, in which to file the report.

(j) Neither the report, nor any evidence directly obtained as a result of exploitation of the report, will be used against a person providing the report in any criminal proceeding concerning the violation or violations to which the notice of intent is addressed.

(k) The report must contain the name and mailing address of the respondent, and, if respondent is represented by counsel, the name, mailing address and telephone number of the respondent's attorney.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.030 Compliance order

(a) Upon receipt of respondent's report, or at the expiration of the service period if no report is served, the deputy commissioner shall review the record of the case, and shall, in his discretion, thereafter issue a compliance order.

(b) In addition to any findings and conclusions required by sec. 20(e)(3) of this chapter, the compliance order will contain findings of fact that

(1) there exists an actual or threatened violation which the respondent has caused or permitted;

(2) where a report has been submitted, and the corrective or preventive measures specified in the order differ from or supplement the measures proposed in the report, the measures specified in the report will not provide a reasonable assurance of correction of the actual violation or prevention of the threatened violation; and

(3) the measures specified in the order will provide a reasonable assurance of correction or prevention.

(d) The order will specify the measures to be taken by the respondent. No deadline will be imposed which expires sooner than 30 days from the date of service of the order.

(e) The order will inform the respondent of his right to an adjudicatory hearing. It will also inform the respondent that his failure to serve upon the commissioner a notice of defense requesting a hearing within 30 days of service of the order constitutes a waiver of respondent's rights to judicial review of the order.

(f) The order will be accompanied by a notice-of-defense form.

(g) The order will designate the prosecuting office.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.040 Effective date of order

(a) A compliance order is effective upon receipt.

(b) A timely request for a hearing under sec. 30(e) of this chapter acts as a stay of the provisions of the order pending decision by the commissioner or his designee.

(c) If the respondent does not make a timely request for a hearing, no other action is necessary by the deputy commissioner or the commissioner or his designee. The deadlines of the order fall due as specified in the order.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.050 Scheduling of hearing

(a) Immediately upon service of a request for a hearing (or upon a determination under sec. 20(c)(2) of this chapter), the department will schedule a hearing to be held no later than 20 days after service of the request or determination. The location of the hearing will conform to AS 44.62.410. Notice of the hearing will be immediately served upon the respondent.

(b) At any time before the hearing, a party may serve upon the commissioner or his designee, and the opposing party, a request for postponement of the hearing. Postponements will only be granted by the commissioner or his designee in unusually complex cases, or when a failure to grant a postponement would pose a substantial hardship to the requesting party. No postponement will be granted when significant harm to the public health or environment will result from a delay.

(c) If the respondent served his request for a hearing more than 10 days after service of the compliance order, a request by the respondent for postponement of the hearing will be viewed with disfavor, and will be granted only in the most extraordinary of circumstances.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.060 Hearing officer

(a) Immediately upon service of a request for a hearing, the department will arrange for the appointment of a hearing officer under AS 44.62.350.

(b) The department will hear the case with the hearing officer. The hearing officer will preside at the prehearing conference and the hearing, rule on the admission and exclusion of evidence, advise the department on matters of law, and be present during post-hearing consideration of the case.

(c) The case will be heard by the commissioner or his designee. The commissioner or his designee will, in his discretion, be accompanied during any proceeding, conference or deliberation by a representative of the Department of Law other than an attorney who has been involved in the investigation or prosecution of the case. The Department of Law representative shall be subject to the requirements and restrictions of AS 44.62.630. The commissioner may designate any employee of the department, other than an employee involved in the investigation or prosecution of the case.

(d) Notice of designation under (c) of this section will be served upon the respondent no later than 10 days prior to the hearing.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.070 Discovery

(a) At any time after service of the compliance order, and upon 24 hours' notice, the respondent may inspect and copy all documents and records pertaining to the case at the prosecuting office during normal working hours. Except for good cause shown, a fee of 10 cents per page of copied material must be paid by the respondent before he may take possession of the copies.

(b) Within seven days of service of a request for a hearing, the prosecuting office shall serve upon the respondent

(1) the names and addresses of witnesses whom the prosecuting office intends to call at the hearing to support the findings made under sec. 30(b) of this chapter (or the prosecuting office's position in hearings held under sec. 20(e)(2) of this chapter) and a brief summary of the purpose of their testimony;

(2) the nature, location and custodian of any real or documentary evidence which the prosecuting office intends to introduce at the hearing to support the findings made under sec. 30(b) of this chapter (or the prosecuting office's position in hearings held under sec. 20(e)(2) of this chapter); and

(3) matters of which the prosecuting office proposes to take official notice at the hearing.

(c) Within seven days of service of the matters specified in (b) of this section, the respondent shall serve upon the prosecuting office

(1) a specification of the issues, defenses and factual matters which respondent intends to introduce at the hearing either to contest the findings made under sec. 30(b) of this chapter (or the prosecuting office's position in hearings held under sec. 20(e)(2) of this chapter), or to argue affirmative matters of defense;

(2) the names and addresses of all witnesses whom the respondent intends to call at the hearing to support any matter specified in (1) of this subsection, and a brief summary of the purpose of their testimony; and

(3) the nature, location and custodian of any real or documentary evidence which the respondent intends to introduce at the hearing to support any matter specified in (1) of this subsection.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.080 Prehearing conference

(a) If the hearing officer determines that a prehearing conference will aid disposition of the case, he shall notify the parties no later than seven days before the scheduled date of the hearing of the date, time and location of the conference. The conference shall be held no later than two days before the hearing.

(b) At the conference, the hearing officer may make any order or ruling necessary or appropriate regarding

(1) the identification and simplification of disputed issues of fact and law;

(2) the entry of stipulations of fact and documents, and the exclusion of irrelevant or unduly repetitive matters;

(3) matters of which official notice will be permitted to be taken;

(4) scheduling an onsite inspection;

(5) accepting, on good cause shown, supplements to the discovery responses submitted under secs. 70(b) and (c) of this chapter (specifically including rebuttal evidence by the prosecuting office);

(6) limitation of the number of expert and other witnesses;

(7) procedure at the hearing; or

(8) any other matter that may expedite the hearing or aid in the disposition of the proceeding.

(c) No transcript or recording of any prehearing conference will be made unless a request for one by one of the parties is granted by the hearing officer. Except for good cause shown, the requesting party shall bear the cost of the taking of the transcript or recording. The hearing officer shall prepare and file for the record a prehearing order, which must incorporate any stipulations or agreements made by the parties at or as a result of the conference and all rulings upon matters considered at the conference.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.090 Hearing procedures

(a) The sequence of argument, examination and summation must follow that of a civil proceeding, except to the extent modified under sec. 80(b)(7) of this chapter. However, either the hearing officer may or the commissioner, in his discretion, will or the commissioner's designee may question a witness.

(b) No issue, defense, testimony or real or documentary evidence may be introduced at the hearing which was not previously disclosed pursuant to either secs. 70(b) or (c) or sec. 80(b)(5) of this chapter. This prohibition may be waived by the hearing officer if the introduction would not unduly prejudice the opposing party, and the failure to disclose was due to

(1) surprise or excusable neglect;

(2) newly discovered evidence which by due diligence could not have previously been discovered and disclosed; or

(3) fraud, misrepresentation or other misconduct of the opposing party.

(c) The prohibition in (b) of this section does not apply to evidence offered solely to impeach evidence or respond to new issues first disclosed pursuant to sec. 80(b)(5) of this chapter.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.100 Proposed findings

Within three days of the close of the hearing, a party may serve upon the commissioner or his designee and all other parties proposed findings of fact. The proposed findings are intended only as an aid to the commissioner or his designee, and a ruling on the acceptance or rejection of the proposed findings is not required.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.110 Decision

(a) The commissioner or his designee will serve upon the parties an order rescinding, modifying or affirming the compliance order (or ruling on the defenses raised in hearings held under sec. 20(e)(2) of this chapter) within 30 days of the close of the hearing. The order serves as an automatic vacation of the stay under sec. 40(b) of this chapter, and any deadlines or timetables in the order run from the date of service of the affirmed or modified order.

(b) The order under (a) of this section must contain

(1) a brief summary of the nature and history of the case;

(2) findings of fact and conclusions of law; and

(3) a specification of the terms and conditions of the final compliance order; the requirements imposed under sec. 30(c) of this chapter may be incorporated by reference.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.120 Petition for reconsideration

(a) Within 30 days of service of the order under sec. 110(a) of this chapter (except for a petition by the respondent pertaining to a hearing held under sec. 20(e)(2) of this chapter), a party may serve upon the commissioner, and the opposing party, a petition for reconsideration and supporting memorandum. If the commissioner did not hear the case himself, a copy of the transcript of the hearing, if available, shall also be served upon the commissioner and the opposing party.

(b) Within 10 days of service of the petition, the opposing party may serve upon the commissioner and the petitioning party a responsive memorandum.

(c) Neither the submission nor granting of a petition for reconsideration acts as a stay of any provision of the compliance order unless the commissioner otherwise directs. Applications for a stay will be granted only when the petition raises serious and substantial questions regarding the validity of the order, and no significant harm to the public health or environment will be caused by a delay.

(d) After granting a petition, and upon a review of the record, the commissioner will affirm, modify or reverse the order made under sec. 110(a) of this chapter within 20 days of the granting of the petition. The commissioner will, in his discretion, also order the taking of new evidence.

(e) A petition for reconsideration by the respondent pertaining to a hearing held under sec. 20(e)(2) of this chapter may be served only after service of the order under sec. 110 of this chapter affirming or modifying the compliance order.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.130 Transcript of hearing

Hearings must be tape recorded. At any time after the close of the hearing, a party may request a transcript of the hearing from the department. Except for good cause shown, the party requesting the transcript shall pay the cost of the transcript and all requested copies of it before the party may take possession of the transcript.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.140 Service

(a) Any matter required to be served under this chapter may be served by personal service, registered mail, or certified mail, return receipt requested.

(b) Proof of service must be made by an affidavit of service, or on appropriate forms if service is made by a peace officer. Upon the filing of a notice of defense, a copy of all matters subsequently served, and proof of service, must be mailed to the commissioner or his designee; and they become part of the administrative record.

(c) When a pleading or paper filed in a case discloses that a respondent is represented by counsel, service upon the respondent must be made upon his attorney.

(d) Where applicable, service of the notice of intent and compliance order must be delivered or mailed in conformity with Rule 4(d)(4) - (11) of the Alaska Rules of Civil Procedure.

(e) When mail is used for service, service occurs upon the date of postmark for the purpose of the serving party's obligations, and upon receipt for the purpose of commencing time limits upon the receiving party.

(f) All papers served by mail upon the department, must have the designation "COMPLIANCE ORDER NO......," in capital letters, typed on the face of the envelope.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.150 Relaxation of regulations

The hearing officer may, the commissioner in his discretion will, and the commissioner's designee may, in the interests of justice, relax or dispense with a deadline or requirement imposed by this chapter.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.160 Consent orders

At any time during the compliance order proceedings, the parties may enter into a consent order. Any consent or compromise agreement must take the form of a stipulated compliance order, and must be signed and confirmed by the commissioner or his designee.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

18 AAC 95.170 Relationship to Administrative Procedure Act

Secs. 50 - 160of this chapter supplement, and are not intended to diminish or restrict any right or privilege which a party may have under AS 44.62.410 - 44.62.540.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

Article 5 Definitions

18 AAC 95.900 Definitions

As used in this chapter, unless the context otherwise requires

(1) "commissioner" means the commissioner of the Department of Environmental Conservation;

(2) "department" means the Department of Environmental Conservation;

(3) "designee" means the employee of the department to whom the commissioner has delegated the power to hear and decide a particular case;

(4) "objection" means a submission by the respondent, in response to a notice of intent, which raises any matter specified in sec. 20(c) of this chapter;

(5) "party" means the respondent and the prosecuting office;

(6) "prosecuting office" means the division or regional office of the department primarily responsible for prosecution of a case;

(7) "reasonable assurance" means that, after taking into account predictable natural or human intervention, the remaining risk of violation is negligible, and the costs of further reducing the negligible risk are disproportionate to the remaining risk itself; a lowering of the risk beyond that level is not a "reasonable assurance";

(8) "report" means a detailed submission by the respondent, in response to a notice of intent, which specifies what measures have been or are being taken, or are proposed to be taken to correct or prevent the violation;

(9) "threatened violation" means that it is more likely than not that, unless corrective or preventive measures are taken, a violation will occur in the foreseeable future; and

(10) "violation" includes a violation of a provision of AS 46.03 or AS 30.25, or of a regulation, permit, certificate, order or term or condition of a permit, certificate or order issued or promulgated by the department under authority of AS 46.03 or AS 30.25.

History

Authority: AS 46.03.020(10)AS 46.03.850
Eff. 7/24/77, Register 63

Earlier captured publisher text

The following text is retained from an earlier capture. Its inclusion does not determine its current legal effect.

Earlier captured 18 AAC 74.006 {#publisher-history-aaf5ea234eea1d7595d0-1000000 omnilex-key=us-ak-regs-official--title-18--18 AAC 74.006--publisher-history-aaf5ea234eea1d7595d0}

The requirements of 18 AAC 74.006 - 18 AAC 74.125 apply to a

(1) public or private wastewater system that

(A) has 100 or more service connections; or

(B) is used or intended for use by 500 or more individuals per day;

(2) community or non-transient non-community water system that has 100 or more service connections;

(3) community or non-transient non-community water system that

(A) has 15 or more service connections; and

(B) is used or intended for use by 500 or more individuals per day;

(4) community or non-transient non-community water system that

(A) has fewer than 100 service connections;

(B) is used or intended for use by fewer than 500 individuals per day; and

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) ultraviolet light to meet a surface water treatment inactivation requirement;

(v) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(5) community or non-transient non-community water system that

(A) has fewer than 15 service connections;

(B) is used or intended for use by 500 or more individuals per day; and

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) ultraviolet light to meet a surface water treatment inactivation requirement;

(v) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(vi) a combination of water treatment processes not listed in (i) - (v) of this subparagraph that, in the department's determination, requires a high level of operator skill; in determining whether a combination of water treatment processes requires a high level of operator skill, the department will consider the advice of the board;

(6) transient non-community water system that

(A) uses a surface water source or a groundwater under the direct influence of surface water source; and

(B) uses a water treatment process that uses

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) ultraviolet light to meet a surface water treatment inactivation requirement;

(v) the addition of more than one chemical to accomplish multiple water treatment objectives; or

(vi) a combination of water treatment processes not listed in (i) - (v) of this subparagraph that, in the department's determination, requires a high level of operator skill; in determining whether a combination of water treatment processes requires a high level of operator skill, the department will consider the advice of the board; and

(7) transient non-community water system that

(A) uses a groundwater source;

(B) is used or intended for use by 500 or more individuals per day; and

(i) coagulation;

(ii) chemically aided filtration;

(iii) membrane filtration;

(iv) the addition of more than one chemical to accomplish multiple water treatment objectives; or

Earlier captured 18 AAC 74.010 {#publisher-history-915f5496c8a716d016e3-1000001 omnilex-key=us-ak-regs-official--title-18--18 AAC 74.010--publisher-history-915f5496c8a716d016e3}

(1) on-site at the system; or

(2) able to be on-site at the system within one hour; if off-site under this paragraph, the operator shall be available by radio or telephone.

(b) The owner of a water system or wastewater system may establish shifts to best meet the needs of the system and to ensure public health protection, in accordance with the following:

(1) a primary shift

(A) is the longest shift during a 24-hour period;

(B) is the shift in which operational decisions are made and may be implemented;

(D) shall be supervised by an on-site operator certified at a level equal to or greater than the classification of the system;

(2) a secondary shift

(A) is a shift in which operational decisions made during the primary shift may be implemented;

(B) shall be supervised by an on-site operator certified at a level no less than one level below the level equal to the classification of the system; and

(3) a reduced operations shift

(A) is a shift of short duration;

(i) certified at not less than a provisional level in the same system type as the system under that operator's control; and

(ii) who possesses adequate training to conduct the duties assigned.

(c) An individual may provide first-response services for a public water system, public wastewater system, or a private wastewater system if the individual, at a minimum,

(1) is adequately trained to identify issues and contact the supervising operator for further direction, and

(2) holds a provisional or higher level certificate if providing response to a class 1 - class 4 water treatment, water distribution, wastewater collection, or wastewater treatment system.

Earlier captured 18 AAC 74.020 {#publisher-history-a863fb1c3cf69ed67e68-1000002 omnilex-key=us-ak-regs-official--title-18--18 AAC 74.020--publisher-history-a863fb1c3cf69ed67e68}

(a) An applicant seeking certification under 18 AAC 74.005 - 18 AAC 74.120 must submit a completed application to the department, for the level of certification sought

(1) on a form provided by the department; and

(2) accompanied by the fee required by 18 AAC 74.870.

(b) Except as provided in (d) - (g) of this section, the department will certify an applicant who meets the

(1) examination requirements of 18 AAC 74.040;

(2) experience and education requirements of 18 AAC 74.050; and

(3) fee requirements of 18 AAC 74.870.

(e) The department may deny certification to an applicant whose certification has been revoked by another certifying agency.

(f) The department may deny certification to an applicant determined to have falsified or withheld information on the applicant's application.

(g) When acting under (d) - (f) of this section, the department will consider the factors set out in 18 AAC 74.830(b).

Earlier captured 18 AAC 74.040 {#publisher-history-07fad8080e0475a32fb5-1000003 omnilex-key=us-ak-regs-official--title-18--18 AAC 74.040--publisher-history-07fad8080e0475a32fb5}

(e) Repealed 11/26/2016.

Earlier captured 18 AAC 74.050 {#publisher-history-929496fccf3f76308414-1000004 omnilex-key=us-ak-regs-official--title-18--18 AAC 74.050--publisher-history-929496fccf3f76308414}