Article 2 Financial Responsibility Dollar Amount Update

Notice of Proposed Changes on Oil Spill Financial Responsibility in the Regulations of the Alaska Department of Environmental Conservation Matter Number: 2023200136 Brief DescriptionThe Alaska Department of Environmental Conservation (ADEC) proposes to change regulations for proof of financial responsibility that must be provided to ADEC by persons who operate certain oil facilities and vessels. AS 46.04.045 requires the dollar amounts to be reviewed and adjusted every three years based on the Urban Alaska Consumer Price Index (CPI). The increase for this adjustment is 14.0%. ADEC is also proposing to amend submission requirements to allow for electronic-only submissions for certain application requirements. ADEC proposes to adopt regulation changes at 18 AAC 75.205, 18 AAC 75.215, 18 AAC 75.235 and 18 AAC 75.270 of the Alaska Administrative Code, to adjust the dollar amounts of proof of financial responsibility in accordance with changes to the CPI for the second half of 2022, and to

remove requirements for how certain documents must be signed, allowing for electronic submissions. (1) 18 AAC 75.205 is amended to remove requirement that the application must be signed under oath or affirmation. (2) 18 AAC 75.215(c) is amended to limit original application documentation that must be submitted by certified mail or by courier to documentation for self-insurance or a guaranty. (3) 18 AAC 75.236(c) is amended to remove the requirement that the required statement must be notarized. (4) 18 AAC 75.235 and 18 AAC 75.270 are amended to update the financial responsibility dollar amounts. The increased dollar amounts correspond with the updated Urban Alaska CPI for second half of 2022, which was published in early 2023. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments electronically via our public notice site at https://spar.alaskadec.commentinput.com/?id=SYkTimAUF. The full contents of all submitted comments are considered public records and will be posted online in full during the public comment period. If you are unable to comment via this site, you may submit them by mail or in person to Rebecca Spiegel, Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage, AK 99501, or by electronic mail to dec.cpr@alaska.gov, and they will be uploaded to the public comment site. The comments must be received not later than 11:59 p.m. on Thursday, July 6, 2023.You may submit written questions relevant to the proposed action to ADEC by sending in questions by electronic mail to dec.cpr@alaska.gov or sending the questions to Rebecca Spiegel at Alaska Department of Environmental Conservation, 555 Cordova Street, Anchorage, AK 99501. The questions must be received by June 27, 2023, which is 10 days before the end of the public comment period. ADEC will aggregate its response to substantially similar questions and make the questions and responses available at https://dec.alaska.gov/spar/regulation-projects/. ADEC may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Meg Kohler at megan.kohler@alaska.gov or 907-269-4198 or TDD Relay Service 1-800-770-8973/TTY or dial 711 not later than June 27, 2023, to ensure that any necessary accommodations can be provided. A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Rebecca Spiegel at the address or email above or by calling 907-269-7543. After the public comment period ends, ADEC will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.Statutory authority: AS 46.03.020; AS 46.04.070 Statutes being implemented, interpreted, or made specific: AS 46.04.040; AS 46.04.045; AS 46.04.055 Fiscal information: The proposed regulation changes are not expected to require an increased appropriation. The ADEC division of Spill Prevention and Response (SPAR), Prevention Preparedness and Response (PPR) program keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the PPR notices of proposed regulation changes. To be added to or removed from the list, send a request to the ADEC at dec.cpr@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices, or subscribe following the instructions at https://dec.alaska.gov/spar/regulation-projects/. Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.