Marine Vessels

 Industry Preparedness

Frequently Asked Questions


What is an oil discharge prevention and contingency plan?

Return to top of page A contingency plan ensures that the plan holder has measures in place to prevent and respond to oil spills, thereby reducing the impact to public health and the environment. A contingency plan provides enough information to guide personnel during an emergency event to respond to a discharge of any size. In order to effectively do so, the plan must contain: emergency action procedures, vessel or railroad diagrams, preventative programs including training programs and substance abuse monitoring, descriptions of oil transfer and storage procedures, an incident command system, response limitations, logistical support, available equipment and proof of the use of the best available technology. Simply put, a contingency plan clearly identifies the who, what, when, where and how for preventing and responding to oil spills. For more information, please see AS 46.04.030; 46.04.055; 18 AAC 75.400


Does my vessel or railroad need a contingency plan?

Return to top of page The State of Alaska requires an approved oil discharge prevention and contingency plan for any vessel or railroad transporting oil or petroleum products as bulk cargo, regardless of the cargo quantity, while operating in State waters. Contingency plans are also required for nontank vessels over 400 gross tons. The contingency plan ensures that the plan holder has measures in place to prevent and respond to oil spills. For more information, please see AS 46.04.030; AS 46.04.055, 18 AAC 75.400 and Do I Need a Contingency Plan?


What is a tank vessel?

Return to top of page Under State of Alaska regulations, a "tank vessel" means a self-propelled waterborne vessel that is constructed or converted to carry liquid bulk cargo in tanks and includes tankers, tankships and combination carriers when carrying oil; the term does not include vessels carrying oil in drums, barrels, or other packages, or vessels carrying oil as fuel or stores for that vessel. For more information on tank vessels, please see AS 46.04.900(25)


What is an oil barge?

Return to top of page An "oil barge" means a vessel which is not self-propelled and which is constructed or converted to carry oil as cargo in bulk. For more information on oil barges, please see AS 46.04.900(23)


What is a nontank vessel?

Return to top of page A nontank vessel is a self-propelled watercraft of more than 400 gross registered tons.* Examples include: commercial fishing vessels, commercial fish processing vessels, passenger vessels and cargo vessels, but does not include a tank vessel, oil barge or public vessel. For more information on nontank vessels, please see AS 46.04.900(11).

*Alaska uses the USCG definition at 33 CFR 138.30 for gross tonnage.


What if I intend to bring a tank vessel or oil barge, not listed in my plan, into State waters?

Return to top of page A spot charter is a single voyage entry into Alaskan waters for the purpose of transporting oil or petroleum products in bulk by a vessel that is temporarily added to an existing contingency plan by amendment. The spot charter amendment must be approved by the department prior to the vessel entering State waters.

Each time a plan holder intends to bring a spot charter vessel into State waters, the plan holder must submit an application for amendment that includes a spot charter information packet which references the approved contingency plan and supplies additional vessel specific information. At a minimum, the spot charter information packet must include the items listed in the Spot Charter Checklist. For more information on spot charter amendments, please see 18 AAC 75.415.


I already have a federal tank or nontank vessel contingency plan. Do I also need one for the State?

Return to top of page Yes. The Federal and State governments have separate regulations for oil discharge prevention and contingency plans. One plan may be developed and submitted to both state and federal regulatory agencies to meet applicable regulations. For more information on state requirements for an oil discharge prevention and contingency plan, please see AS 46.04.030; AS 46.04.055, 18 AAC 75.400; 18 AAC 75.425.


Is there an example of a tank vessel contingency plan that I can review and copy?

Return to top of page The Marine Vessels Section does not have sample plans available for use. It does have a plan application and a review guidance document. Additionally, the Marine Vessels Section is willing to work with a plan holder to ensure that a plan submitted for approval is complete and meets all regulatory requirements. For more information on oil discharge prevention and contingency plan content requirements, please see 18 AAC 75.425.


When and how do I make an amendment to my railroad, tank, or nontank vessel plan?

Return to top of page A plan holder must apply for a plan amendment any time changes need to be made to a plan, regardless of how minor the changes may be. It is up to the plan holder to ensure that the plan continuously complies with state regulatory requirements and the plan holder can meet plan commitments. Amendments can include adding new regions of operation and updating notification lists to amending response capabilities as primary response action contractors revise their own response capabilities. To make an amendment, the plan holder must submit an amendment application. Apply for a Contingency Plan. In order to expedite review for railroad, tank vessel and oil barge amendments, plan holders submit copies of all proposed changes readily identified in a "red line" version.

Once the Marine Vessels Section receives the amendment application for the railroad, tank vessel, or oil barge, it will decide if the amendment is routine or major. If it is routine, the Marine Vessels Section can approve it without a public comment period. If the amendment appears to potentially diminish the plan holder’s ability to respond to a spill, the Marine Vessels Section must allow a public comment period before deciding whether to approve it. For more information on plan amendments, please see 18 AAC 75.415; and Apply for a Contingency Plan.


How long does it take to get a tank vessel or railroad plan amendment approved?

Return to top of page If an amendment application is complete, routine and can be reviewed and approved under 18 AAC 75.415, the Marine Vessels Section should issue a written decision within 5 days. If the amendment must be reviewed under 18 AAC 75.455, the time needed will depend on public comments received and additional information required, but is likely to be at least 65 days. For more information on tank vessel plan amendments, please see 18 AAC 75.415; 18 AAC 75.455.


How long is a nontank vessel plan valid for?

Return to top of page Plan approvals are generally valid for 5 years; however, nontank vessels may suspend or terminate a plan prior to that time. It is the plan holder's responsibility to check the approval status of existing plans prior to arriving in State waters. For more information on nontank vessel plans, please see 18 AAC 75.456.


When do I renew my tank, railroad or nontank vessel contingency plan?

Return to top of page The Marine Vessels Section will establish, in the approval letter for the current plan, when the plan must be submitted for renewal. Plans are approved for 5 years. The same application is used for renewing a plan as for applying for a plan. For more information on plan renewals, please see 18 AAC 75.420 and Apply for a Contingency Plan.


What is an oil spill Primary Response Action Contractor (PRAC)?

Return to top of page A PRAC is an organization registered with the State of Alaska that is obligated under a contractual relationship with a contingency plan holder to provide personnel and/or equipment to contain, control, or clean up oil spills for the plan holder. A PRAC may be under contract to multiple plan holders, please see 18 AAC 75.500.


As a tank or railroad plan holder, do I need to contract with a PRAC?

Return to top of page A tank or railroad plan holder must either maintain on their own, or have available under contract, the resources to clean up a spill. A contract with a PRAC, who has the resources available to meet the clean up needs of the plan holder, can meet this requirement, please see AS 46.04.030(k) AS 46.04.055(j).


As a nontank plan holder, do I need to hire contractors?

Return to top of page An operator must contract cleanup and incident management services for the plan and may hire a Response Planning Facilitator (RPF) to secure response contracts, prepare the plan application and submit it for approval. Here is the list of registered nontank contractors.


How do I locate a PRAC that is registered with the State of Alaska?

Return to top of page The State of Alaska maintains a list of approved Primary Response Action Contractors that can be found at Primary Response Action Contractors List (PDF 80K).


What is the requirement for an Alaska Certificate of Financial Responsibility?

Return to top of page A Certificate of Financial Responsibility (COFR) is issued to a plan holder when the plan holder has provided to the Department of Environmental Conservation, and the Department has approved, proof of ability to financially respond in damages. For more information on financial requirements, please see AS 46.04.040, AS 46.04.055 and Financial Responsibility and Prevention Initiatives.


What are the penalties for not having a vessel or railroad contingency plan?

Return to top of page Operation of a railroad, tank vessel or a nontank vessel over 400 gross tons in State waters without an approved contingency plan is a violation of Alaska statutes and regulations and may subject the owner/operator to civil liability for damages and to civil and criminal penalties. Civil and criminal sanctions may also be imposed for any violation of AS 46.04.010, et. seq., any regulation issued there under or any violation of a lawful order of the Department of Environmental Conservation. The exact penalties imposed, if any, will depend on the nature of the violation. For more information on penalties and sanctions, please see 18 AAC 75.490; AS 46.03.760.


Why does the Marine Vessels Section conduct inspections?

Return to top of page The Marine Vessels Section conducts announced and unannounced inspections of railroads, tank and nontank vessels and equipment. The Marine Vessels Section conducts vessel and railroad inspections to ensure that the plan holder is in compliance with the contingency plan. Response equipment inspections are conducted to ensure that the equipment relied on in the contingency plan is response ready and capable of being used as intended in a response.

The Marine Vessels Section can conduct inspections as often as it deems necessary to ensure compliance with oil spill regulations and contingency plans.

Following an inspection, if issues are identified, the Marine Vessels Section will work with the plan holder to resolve them. Serious problems could result in a Notice of Violation or other corrective action(s) under 18 AAC 75.490. For more information on inspections, please see 18 AAC 75.480.


Why does the Marine Vessels Section conduct discharge exercises (drills)?

Return to top of page The Marine Vessels Section may conduct announced or unannounced discharge exercises with any plan holder twice a year to verify the plan holder's ability to carry out the spill prevention and response strategies described in the contingency plan. If problems are identified, the Marine Vessels Section may choose to conduct additional discharge exercises. Any or all aspects of a contingency plan may be verified during a discharge exercise.

Discharge exercises may range from focused table-top exercises to large-scale equipment deployments. Following a discharge exercise, if issues are identified, the Marine Vessels Section will work with the plan holder to resolve them. The Marine Vessels Section does not evaluate discharge exercises on a pass/fail basis. For more information on drills, please see 18 AAC 75.485.