(b) The office may respond under (a) of this section to an oil or hazardous substance discharge only if
- (1) the oil discharge is a catastrophic oil discharge that constitutes an emergency under AS 46.04.080(a);
- (2) the discharge of oil or a hazardous substance is declared to be an emergency under AS 46.03.865;
- (3) the governor declares the discharge an emergency under AS 26.23;
- (4) the commissioner reasonably believes that there has been a discharge of oil or a hazardous substance, or that there is a potential discharge of oil or a hazardous substance, and the discharge may qualify under (1) — (3) of this subsection; or
- (5) the commissioner reasonably believes that the discharge or potential discharge poses an imminent and substantial threat to public health or welfare or to the environment.