Alaska Statutes
Alaska Stat. § 46.04.050 (2026)
Exemptions
✓ current as of July 2026
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Sec. 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.
(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.
Notes of Decisions
Cited in 4
cases, 2011–2016 · leading case: Alaskan Crude Corp. v. State, Alaska Oil & Gas Conservation Comm'n, 309 P.3d 1249 (Alaska 2013).
Alaskan Crude Corp. v. State, Alaska Oil & Gas Conservation Comm'n, 309 P.3d 1249 (Alaska 2013). “In Other Order 51, the Commission affirmed its June 26, 2007 determination that the Burglin 33-1 well is not a gas facility for purposes of AS 46.04.050(c) and AS 31.05.030(¢ ), the statutes exempting certain natural gas facilities from the oil-discharge prevention requirements.”
Alaskan Crude Corp. v. State, Dep't of Nat. Resources, 261 P.3d 412 (Alaska 2011). “AOGCC, which has authority over all land subject to the state's police power, regulates to prevent waste, insure greater recovery, protect correlative rights and underground water, and further public health and safety.”
Alaskan Crude Corp. v. State, 261 P.3d 412 (Alaska 2011). “[5] AS 46.04.050(c). [6] Alaskan Crude Corp. v.”
James W. White & Alaskan Crude Corp. v. State of Alaska, Dep't of Nat. Resources (Alaska 2016). “3d 1249, 1252-53 (Alaska 2013). 15 Id.; see also 18 AAC 75.434(f)(2) (“The department may consult with the Alaska Oil and Gas Conservation Commission .”
— Alaska Stat. § 46.04.050(c) — 4 cases
Alaskan Crude Corp. v. State, Alaska Oil & Gas Conservation Comm'n, 309 P.3d 1249 (Alaska 2013). “In Other Order 51, the Commission affirmed its June 26, 2007 determination that the Burglin 33-1 well is not a gas facility for purposes of AS 46.04.050(c) and AS 31.05.030(¢ ), the statutes exempting certain natural gas facilities from the oil-discharge prevention requirements.”
Alaskan Crude Corp. v. State, Dep't of Nat. Resources, 261 P.3d 412 (Alaska 2011). “AOGCC, which has authority over all land subject to the state's police power, regulates to prevent waste, insure greater recovery, protect correlative rights and underground water, and further public health and safety.”
Alaskan Crude Corp. v. State, 261 P.3d 412 (Alaska 2011). “[5] AS 46.04.050(c). [6] Alaskan Crude Corp. v.”
James W. White & Alaskan Crude Corp. v. State of Alaska, Dep't of Nat. Resources (Alaska 2016). “3d 1249, 1252-53 (Alaska 2013). 15 Id.; see also 18 AAC 75.434(f)(2) (“The department may consult with the Alaska Oil and Gas Conservation Commission .”
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