FY2022-21B Providing Input To The Alaska Department Of Environmental Conservation (Adec) On Proposed Changes2
EI
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Introduced by: Mayor Roberts
Introduced on: 01/20/2022
Adopted on: 01/20/2022
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2022-21B
PROVIDING INPUT TO THE ALASKA DEPARTMENT OF ENVIRONMENTAL
CONSERVATION (ADEC) ON PROPOSED CHANGES TO REGULATIONS ON OIL
DISCHARGE PREVENTION AND CONTINGENCY PLANS
WHEREAS, as a result of the work of Alaska citizens and the Alaska Legislature following the
1989 Exxon Valdez oil spill, Alaska has world -class spill prevention and response requirements
to protect its people and environment, as well as commercial and sport fishing, aquaculture,
recreation, tourism, subsistence, and cultural interests; and
WHEREAS, the Assembly of the Kodiak Island Borough submitted Resolution No. FY2020-19,
in response to ADEC's public scoping seeking input on existing regulations and statutes, stating
the Assembly stands strongly against any legislative or regulatory changes that erode spill
prevention and response standards, increasing the risk of a catastrophic spill; and
WHEREAS, ADEC has proposed regulatory changes to oil pollution prevention regulations
under Article 4 of 18 AAC 75, resulting from that public scoping process; and
WHEREAS, the proposed changes include a number of positive updates including increased
clarity within regulations, combination of redundant sections, and use of technology in the interest
of modernizing workflow; and
WHEREAS, there are several proposed changes that require additional revision to eliminate
concerns that this reform effort could result in diminishment or other reductions in current
regulations.
NOW THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH requests that Alaska regulations specify the minimum number of exercises required
for crude oil plans be set at one significant Incident Management Team and two field deployment
exercises each year, as well as other unannounced exercises as ADEC deems necessary, and
that the commitment requiring additional exercises or other appropriate action if a plan holder fails
to demonstrate the ability to implement their plan be retained; and
BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
believes regulatory changes should not result in diminished emphasis on best available
technology (BAT), including retaining the requirement that a BAT conference be held every five
years or otherwise stating how they will examine new technologies to meet the mandates of AS
46.04.030 (e); and
BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
notes that federal law and the Alaska Oil Spill Commission have recognized the special role of
regional citizens advisory councils (RCACs) in reviewing contingency plans; and requests that
Alaska regulations continue to name the RCACs for Cook Inlet and Prince William Sound as
Kodiak Island Borough, Alaska
Resolution No. FY2022-21 B
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recipients required to be notified of plan reviews, updates, and amendments, electronically or
otherwise; and
BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
requests that the option to use the Prince William Sound tow package should remain, with
regulationl8 AAC 75.990 (96) Definitions revised to meet the breaking strength requirements set
by the International Maritime Organization standard and note the tow package system should be
able to be deployed in 15 minutes from the bow; and
BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
requests that a change in plan holder ownership be treated as a major amendment to the Oil
Discharge Prevention and Contingency Plan, affording the opportunity for public review prior to
approval; and
BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
requests that Article 4 of 18 AAC 75 incorporate language requiring Oil Spill Prevention and
Contingency Plan holders to comply with all applicable State and Federal Regulations concerning
human and environmental safety; and
BE IT FURTHER RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
requests that any new language or repealed language within Article 4 of 18 AAC 75 that has the
potential to diminish prevention or response capabilities be revised or reinstated to ensure
previous levels of human and environmental safety are met.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTIETH DAY OF JANUARY, 2022.
KODIAK IST7
ATTEST:
A h
William Roberts, ayor
Mitchell'C a idson Assistant Clerk
VOTES:
Ayes: Delgado, Griffin, Smiley, Turner, Williams, and Arndt
Noes:
Kodiak Island Borough, Alaska
Resolution No. FY2022-21B
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