1. Oil Spill Prevention Regulations: Suggestions for Improvement
Alaska Department of Environmental Conservation
Spill Prevention and Response Division
Industry Preparedness Program
Craig Wilson
May 3, 2005

2. Contingency Plan Regulations Project (CPR)
Multi-phase, multi-year project to comprehensively review and update the oil discharge prevention and contingency plan regulations in 18 AAC 75
Phase 1 completed May 2004
Currently in Phase 2
Phase 1 – EPR facilities
Phase 2 – Prevention
Phase 3 – Approval criteria and review process streamlining
Phase 4 – Mop up

3. Goals of the Phase 2
Make the regulations efficient and enhance clarity.
The regulations should “fill in the gaps” where other requirements are either non-existent or inadequate.
The regulations should complement other requirements and form a comprehensive, coherent regulatory regime.
Currency of standards.
Present regulations last revised early 1990s.
Predictability in enforcement.
In developing this draft, we followed several basic guidelines:
1. Make the regulations efficient and enhance clarity. As much as possible, the requirements should be logical and clear to the regulated community and should not conflict with other regulatory or statutory requirements. The terminology used in the regulations should be clear and consistent throughout the regulations.
2. The regulations should be designed to “fill in the gaps” where federal or other State agency requirements are either non-existent or inadequate. This follows the intent of the original regulations.
3. The regulations should complement other requirements and form a comprehensive, coherent regulatory regime. They should not duplicate or conflict with other agency requirements.
4. The regulations must be current. References to outdated standards should be removed or updated.

4. Schedule July 2004 – Letter sent to all plan holders
Asked five basic questions
Solicited comments, suggestions
November 2004 – Public Workshop, Anchorage
April 1, 2005 – Discussion paper issued
July 1, 2005 – End of informal comment period
Fall, 2005 – Formal comment period on proposed rulemaking
February 2006 – New regulations adopted
Should ADEC’s oil pollution prevention regulations be revised, in whole or in part, to be more in line with similar federal regulations, such as the U.S. Environmental Protection Agency’s Spill Prevention, Control, and Countermeasures (SPCC) regulations in 40 CFR 112?
Should the Prevention Plan section (Part 2) of the ADEC Oil Discharge Prevention and Contingency Plan (C-Plan) regulations be removed from the C-Plan and be promulgated as separate oil pollution prevention regulations?
What sections of 18 AAC 75 Article 1 need updating to reflect current trends in pollution prevention and industry standards?
What sections of 18 AAC 75 Article 1 need revision to increase their efficacy?
What sections of 18 AAC 75 Article 1 are no longer valid in light of current industry standard practices?
Oral comments were received during the November workshop from the following groups:
Cook Inlet Keeper
Cook Inlet RCAC
North Slope Borough
Prince William Sound RCAC
Written comments were also received from the following groups in conjunction with the workshop: BP
Schedule has some flexibility… more concerned with completeness than speed.
No fixed deadline at this point… but progress is essential

5. Discussion Paper Published April 1, 2005, available on website
Designed to stimulate discussion
Provides a target to shoot at for comments
Nothing is fixed in stone at this point
ADEC will be accepting informal comments on the paper until July 1, 2005
Original 1 June deadline extended based upon industry request

6. Summary of Considered Changes
Update references to third party standards and delete 18 AAC
Increase prevention training and documentation requirements.
Preventative booming during vessel transfers for combustible liquids and unsegregated ballast water.
Performance standard for lightering equipment for laden oil tank vessels and oil barges.
Impermeable wellhead sumps for exploration and production wells and artificial islands.
Leak detection requirements for crude oil transmission pipelines from 1% of daily throughput to .5% of daily throughput and add computational pipeline monitoring (CPM) system regulations.
Shop-fabricated tanks under 50,000 gallon capacity must meet UL142 construction and STI SP inspection standards. Non-standard taken out of service by 2015.
Vaulted, self-diked, and double-walled tanks are defined in regulation, and exempted from some secondary containment requirements.
Adopt the NACE standard for cathodic protection for both tanks and piping.
Adopt ASME B31.3 and B31.4 design standards and API 570 inspection standards for facility piping.
Define “facility oil piping”.
Revise the prevention plan portion of the c-plan, include annual self-certification requirement.
Approval criteria for spill prevention training and the prevention plan portion of the c-plan.
Discussion draft was based upon internal workgroup, comments from July letter and November workshop.

7. What Isn’t Included Tanker Escort System
Homeland Security / Terrorism Issues
Pipeline valves / Federal pipeline standards
Risk-based inspection under API 653
Refined product pipelines
Gathering lines
Process flow lines ?

8. Alaska Administrative Procedures Act (APA)
Formal regulatory process governed by statute
Governs process, format, style, and grammar
Takes a minimum of 90 – 120 days to complete if no contentious issues
We’re at Step 1

9. 18 AAC 75, Article 1 – Oil Pollution Prevention
Major changes listed in discussion paper
Separating out spill prevention training
Protective booming for combustible liquid transfers
.5% leak detection standard for crude oil transmission pipelines
CPM for pipelines
UL142 standard for tank construction
STI inspection standard
Piping standards (API 570, ASME B31.3, B31.4)
General overview

10. Prevention Training Moved into its own section & expanded
Listing of job descriptions and training level needed
Maintain records for 5 years

11. Oil Transfers from Vessels
Protective booming for transfers of combustible liquids and oily ballast water
Performance standard for lightering tank vessels and oil barges

12. Exploration & Production Facilities
Changed “offshore platform” to “marine structure”
Impermeable wellhead sumps for new wells onshore and on artificial islands
“Platform” was written specifically for Cook Inlet, doesn’t address the rest of the state adequately
“Marine structure” follows MMS (30 CFR 250, Subpart I)

13. Pipelines Leak detection Computational Pipeline Monitoring (CPM)
Changed from 1% to .5% of daily throughput
Computational Pipeline Monitoring (CPM)
API 1130 Standard

14. Aboveground Storage Tanks & Secondary Containment
Non-adoption of API 653 risk-based inspection
UL 142 standard for tanks less than 50,000 gallon capacity
STI SP inspection standard for shop fabricated tanks
NACE cathodic protection standard
Recognition of double-walled and self-diked tank designs

15. Facility Piping Definition
“facility oil piping” means piping and associated fittings originating or terminating at an oil storage tank regulated under 18 AAC or an exploration or production well, located within the boundaries of an oil terminal, crude oil transmission pipeline, exploration or production facility, including all valves, elbows, joints, flanges, pumps, and flexible connectors, up to the:
(A) Union of the piping with a fuel dispensing system;
(B) Marine header;
(C) Fill cap or fill valve;
(D) Forwarding pump used to transfer oil between facilities, between adjacent pump stations, or between a pressure pump station and a terminal or breakout tank;
(E) First flange or connection within the loading rack containment area; or
(F) First choke or valve inside a manifold building, or if a manifold building is not present at the well pad, the first choke or valve inside a gathering center or flow station

16. Facility Piping ASME B31.3 & B31.4 design standards
API 570 inspection standards
NACE RP standard for cathodic protection

17. 18 AAC 75, Article 4 – Oil Discharge Prevention & Contingency Plans
Revision of Prevention Plan contents
Direct linkage to Article 1 requirements
Annual prevention measures review & certification
Response Planning Standard documentation requirement
Approval criteria for spill prevention training and prevention plan contents
Part 2 requirements would link directly to Article 1 regulations
Annual certification to compensate for 5 year c-plan cycle
Consolidate RPS into new Part 5

18. 18 AAC 75, Article 9 - Definitions
Where possible, definitions were moved into the appropriate sections.
New definitions
Cathodic protection
Corrosion terms
Placed in service/removed from service

19. For More Information & Updates
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Craig Wilson Spill Prevention & Response Division Alaska Department of Environmental Conservation 410 Willoughby Ave., Suite 303 Juneau, AK voice: (907) fax: (907)
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