Class 2 Facility Aboveground Storage Tank Registration Regulation Repeal: Frequently Asked Questions

SPAR Chapter 75 Class 2 Facilities Repeal: Frequently Asked Questions

Questions from the public have been gathered along with the Alaska Department of Environmental Conservation’s (ADEC) responses. Substantially similar questions have been aggregated.

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Why is ADEC proposing to repeal the Class 2 facility regulations?: The staff positions responsible for the Class 2 facility program were eliminated in the State of Alaska Fiscal Year 2021 budget. The regulations have not been enforced since May 5, 2020. There are no resources to maintain the Class 2 facility database that houses the inventory of registered Class 2 facility aboveground storage tanks prior to July 1, 2020.
How useful is the information that has been gathered from the registration of Class 2 facilities?: The information that was collected can benefit other government partners in on-going efforts to identify education and technical assistance needs to reduce spills from smaller tank farms in communities throughout Alaska. The collected tank data is also valuable to governmental partners responsible for spill response preparedness and planning efforts. The value of the data will diminish over time as it becomes less current, but it is still currently useful.
What will happen to the information that was gathered?: Class 2 facility tank registration information gathered prior to July 1, 2020 was shared with the State of Alaska’s Division of Community and Regional Affairs (DCRA) in the Department of Commerce, Community and Economic Development to update their bulk fuel facility data for rural communities throughout Alaska. The information is publicly available through DCRA’s open portal. It may be used by local or federal entities that continue efforts to reduce spills from small tank farms that are not covered by State of Alaska Oil Discharge Prevention and Contingency Plan regulations.
Has the Alaska Department of Environmental Conservation (ADEC) actively monitored fuel tank farms in villages throughout Alaska?: ADEC actively oversees regulated tank farms (with 420,000 gallons or greater of noncrude oil storage capacity) throughout Alaska by reviewing their oil discharge prevention and contingency plans, and by periodic inspections and response exercises. Regulated tank farms are in both villages and urban areas. There are also numerous unregulated tank farms, which are identified as Class 2 facilities, in villages and urban areas alike. The designation as a Class 2 facility is specifically for unregulated facilities with a total noncrude oil storage capacity equal to or greater than 1000 gallons, but less than 42,000 gallons. These facilities are exempt from oil discharge prevention and response planning requirements under AS 46.04.050(a). ADEC does not actively monitor or oversee operations or maintenance at unregulated Class 2 facility tank farms. Please note that the Class 2 facility regulations created an aboveground storage tank registration program only. Class 2 facility regulations do not include requirements for monitoring by ADEC or establish operating requirement for the tank farm operator. Oversight and monitoring will not be impacted by repeal of the Class 2 facility regulations.
Will repealing the Class 2 Facility regulations mean decreased monitoring of fuel tank farms in villages all over Alaska?: No, repealing the Class 2 Facility Aboveground Storage Tank Registration Regulations will not decrease past or future monitoring of fuel tank farms in villages throughout Alaska. Please see FAQ #4 for a description of the type of tank farms that ADEC oversees. The regulations do not provide for inspection, monitoring, or oversight of unregulated tank farm operations.
How will ADEC provide technical assistance to small tank farms in rural communities and villages throughout Alaska?: ADEC has offered technical assistance to unregulated tank farm operators in the past and intends to continue doing so in the future. Please see the ADEC webpage Non-Regulated Aboveground Storage Tanks resources and opportunities available to owners or operators of noncrude tank farm facilities with less than 420,000 gallons of aboveground storage tank capacity.