Class 2 Facilities - Frequently Asked Questions
- 1. Is my facility a Class 2 facility?
(A) Does the facility have at least one aboveground storage tank (AST) that is 1,000 gallons or greater?
Yes - proceed to (B).
No - the facility is not a Class 2 facility and does not need to register.
(B) Is the facility required to have an Oil Discharge Prevention and Contingency Plan?
No - proceed to (C).
Yes - the facility is not a Class 2 facility.
(C) Do the ASTs equal to or greater than 1,000 gallons contain a non-crude petroleum product such as asphalt (including asphalt cement and asphalt concrete) or fuel, heating and other various oils?
Yes - the facility is considered a Class 2 facility and will need to complete and submit the Class 2 Facility Registration and Notification Form.
No - the facility is not a Class 2 facility.
- 2. Are heating oil tanks included in the Class 2 facility regulations?
- Not if the heating oil tank is associated with a residential structure. Per 18 AAC 75.849, a residential structure does not include: a structure with both residential and non-residential uses and a common AST to store heating oil; transient lodging; a residential school or residence hall; a state or local correctional facility; a nursing home; a hospital; or a place constructed primarily for recreation activities. If the heating oil tank supports a non-residential structure and is at least 1,000 gallons, it must be listed on a Class 2 Facility Registration and Notification form.
- 3. Are tanks with a capacity between 1,000 - 10,000 gallons at a facility with an Oil Discharge Prevention and Contingency Plan required to register as a Class 2 facility?
- No, they should not be registered as a Class 2 facility.
- 4. I am a Class 2 facility and have tanks over 10,000 gallons. Am I required to have an Oil Discharge Prevention and Contingency Plan?
- Not unless the facility's total capacity is 420,000 gallons or greater. If your total storage capacity is over 420,000 gallons of non-crude oil you are not a Class 2 facility and you should have an Oil Discharge Prevention and Contingency Plan.
- 5. My facility already has an Oil Discharge Prevention and Contingency Plan (plan). Should the aboveground storage tanks over 1,000 gallons at the facility that are not included in the plan be registered as a Class 2 facility?
- No, tanks at a facility with an Oil Discharge Prevention and Contingency Plan are not on a Class 2 facility and need not register as one.
- 6. Can I list ASTs that are located at more than one location on one registration form?
- If the ASTs share common ownership, common operation, and are in close geographic proximity, then they are considered components of one Class 2 facility and may be listed together on one registration form. If it is unclear whether the ASTs in question meet this criteria, contact the department for guidance.
- 7. Can a 3rd Party register on behalf of a facility owner or operator?
- Yes, as long as the form is signed by a facility owner or operator.
- 8. I want to know if a facility has already registered. Is there a public registry I can access?
- Not at this time. If you have questions regarding facility registration status, contact the department.
- 9. If there are multiple owners and/or operators of a facility, can each submit a form with their respective contact information?
- Yes, providing all requested information for each entity associated with the facility is submitted. The department recommends using the supplemental Class 2 Facilities Additional Owner and Operator Form for this scenario.
- 10. Will you accept an SPCC plan?
- At this time we are not accepting SPCC plans in lieu of the Class 2 Facility Registration and Notification form. The department does place value on this plan and will file copies of facility SPCC plans with Class 2 facility information records should they be provided with the registration form.
- 11. Do facilities that operate on a seasonal or temporary basis need to register as a Class 2 facility?
- Seasonal facilities (a facility that operates for less than 12 months in a calendar year at the same location on an annual basis, e.g. campgrounds, lodges, tourist attractions), need to register as a Class 2 facility but do not need to notify the department when their operations cease for a shoulder season, if the intention is to continue the same operation with the same AST(s) year-to-year.
Temporary facilities (a facility that operates for a duration of less than 12 months at one location, e.g. construction sites, wildlife suppression operations, remote sites for wildlife monitoring) are not considered a Class 2 facility and need not register.
Note: Refer to the Temporary and Seasonal Class 2 Facilities Document Guidance for further information.
- 12. Do indoor aboveground storage tanks (ASTs) need to be included on a Class 2 Facility Registration and Notification Form?
- If they are over 1,000 gallons, yes.
- 13. If a Class 2 facility hires a contractor for a project that requires at least one new aboveground storage tank (AST) over 1,000 gallons, does the tank need to be on a Class 2 facility registration form?
- Yes, if the tank associated with the contractor will be at the host facility for more than 90 days the tank needs to be registered as part of the Class 2 facility. Either the host facility or the contractor will need to submit a Class 2 Facility Registration and Notification Form indicating the addition of an operator at the host facility, and the addition of any ASTs. Additionally, either the host facility or the contractor will need to notify the department when the contractor's AST(s) are removed from the site, by checking the "permanently closed" option on the notification form.
- 14. Does a fuel truck that is exclusively used to transport fuel to and from tanks and equipment and that does not leave a Class 2 facility need to be listed on the facility's registration form?
- No. However, if a tank truck is used in place of an aboveground storage tank, it needs to be listed on a registration form if it remains at the Class 2 facility for more than 90 consecutive days.