Section 46.04.050. Exemptions.

   (a) The provisions of AS 46.04.030, 46.04.040, and 46.04.060 do not apply to an oil terminal facility that has an effective storage capacity of less than 5,000 barrels of crude oil or less than 10,000 barrels of noncrude oil.
   (b) The provisions of AS 46.04.030 and 46.04.040 do not apply to a natural gas production facility and a natural gas terminal facility; for purposes of this subsection, "natural gas production facility" and "natural gas terminal facility" mean a platform, facility, or structure that, except for storage of refined petroleum products in a quantity that does not exceed 10,000 barrels, is used solely for the production, compression, storage, or transport of natural gas.
   (c) The provisions of AS 46.04.030 and 46.04.040 do not apply to a natural gas exploration facility if the Alaska Oil and Gas Conservation Commission has determined under AS 31.05.030(l) that evidence obtained through evaluation demonstrates with reasonable certainty that all of the wells at a natural gas exploration facility will not penetrate a formation capable of flowing oil to the ground surface. If the drilling of a well at an exploration facility exempted under this subsection does penetrate a formation capable of flowing oil to the surface, the owner or operator shall submit an oil discharge prevention and contingency plan and proof of financial responsibility to the department to meet the requirements of AS 46.04.030 and 46.04.040. For purposes of this subsection, "natural gas exploration facility" means a platform, facility, or structure that, except for storage of refined petroleum products in a quantity that does not exceed 10,000 barrels, is used solely for the exploration for natural gas.

Authorities

31.05.030

Notes

Implemented As

18 AAC 75.005
18 AAC 75.015
18 AAC 75.280
18 AAC 75.290
18 AAC 75.400
18 AAC 75.405
18 AAC 75.465

References

18 AAC 75.205
18 AAC 75.400
AS 31.05.030 Powers and duties of commission.

History

(Sec. 2 ch 116 SLA 1980; am Sec. 20 ch 191 SLA 1990; am Sec. 1 ch 39 SLA 1992; am Sec. 4, 5 ch 79 SLA 2005)