### 40 C.F.R. Part 51 Appendix V 2.1. (b)

Evidence State Has Formally Adopted Plan or Revision :

Adoption Order of Commissioner Larry Hartig signed November 2

, 20 10 , with Filing Certification of Lt. Governor Craig E. Campbell signed by Scott Clark on Nov ember 9 , 2010 , with Delegation of Lieutenant Governor’s Authority certificate dated February 23, 2010

.

Draft copy of changes to r egulations with changes indicated by bold,

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Craig E. Campbell sig ned by Scott Clark dated November 9 , 20 10

, with Delegation of Lieutenant Governor’s Authority certificate dated February 23, 2010

.

Adoption draft of 18 AAC 50 Air Quality Control Regulations , As amended through November 2, 2010 (no register number in head er)

.FILING CERTIFICATION ORDER ADOPTING CHANGES TO

REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The attached 18 pages of regulations, dealing with Air Quality Control are hereby adopted and

certified to be a correct copy of the regulation changes that the Department of Environmental

Conservation adopts under the authority of AS 46.03 and AS 46.14 and after compliance with

the Administrative Procedure Act (AS 44.62), specifically including notice under AS 44.62.190

and 44.62.200 and opportunity for public comment under AS 44.62.210.

This action is not expected to require an increased appropriation.

In considering public comments, the Department of Environmental Conservation paid special

attention to the cost to private persons of the regulatory action being taken. The Department of

Environmental Conservation also gave special attention to alternate practical methods in this regulatory action, as required by AS 46.03.024.

The regulation changes adopted under this order take effect on the 30th day after they have been

filed by the lieutenant governor as provided in AS 44.62.180.

DATE: November 2,2010 Anchorage, Alaska

Larry rtig, Commissioner Department of Environmental Conservation



# C/t)

Craig E. Campbell, Lieutenant Governor for the State of Alaska, certify that on

### ~'-V'-'.a:.LC'+J"\c'-'-----I-' 2010,

### at~~~:l~/f.m., I filed the attached regulations according to the provisions

of AS 44.62.040

- 44.62.120.

Craig E. Campbell, Lieutenant Governor

Effective:

Register: 

### \

\,**--'-""''''--)~=,,-~''--''-'~i...!-'-+'**FOR DELEGATION OF THE LIEUTENANT GOVERNOR'S AUTHORITY

I, CRAIG E. CAMPBELL, LIEUTENANT GOVERNOR OF THE STATE OF ALASKA, designate the following state employee to perform the Administrative Procedures Act filing

functions of the Office of the Lieutenant Governor:

SCOTT CLARK, Special Assistant

IN TESTIMONY WHEREOF, I have signed and affixed the Seal of the State of Alaska, at Juneau, on February 23, 2010.

C E. CAMPBELL

LIEUTENANT GOVERNOR

## DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Public Comment Draft

June 25

, 20 10

Comment Period Ends August 3 , 2010 , 5:00 p.m.

Sean Parnell

Governor

Larry Hartig

CommissionerRegister ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

2 18 AAC 50.015(b) is amended by adding a new paragraph to read:

(b) The following areas have been designated by the federal administrator as "nonattain

ment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004

(2) for PM

- 10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage ; [

. ]

(3) for PM

- 2.5:

(A) Fairbanks and North Pole urban area

(Eff. 1/18/97, Register 141; am 2/20/2004, Register 169; am 6/24/ 2004, Register 170; am 10/10/2004, Register 171 ; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.035(b) is amended to read:

(b) The following procedures and methods set out in 40 C.F.R., revised as of July 1,

2009 [ 2007 ] , are adopted by reference:

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 11/9/2008, Register 188 ; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

18 AAC 50.040(a) is amended to read:Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

3 (a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), as revised as of 74 Fed. Reg. 51950 (October 8, 2009) [ JULY 1, 2007 ] , are adopted by reference as they apply to a Title V source:

...

18 AAC 50.040(a)(2) is amended by adding new subparagraphs to read:

(LL) the provisions of Subpart DDDD ( Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that

Commenced Construction On or Before November 30, 1999);

(MM) the provisions of Subpart EEEE ( Standards of Performance

for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction i s Commenced on or After June 16, 2006);

( NN ) the provisions of Subpart FFFF ( Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced

Construction On or Before December 9, 2004 );

( OO ) the provisions of Subpart IIII ( Standards of Performance for Stationary Compression Ignition Internal Combustion Engines );

( PP ) the provisions of Subpart JJJJ ( Standards of Performance for Stationary Spark Ignition Internal Combustion Engines );

( QQ ) the provisions of Subpart KKKK ( Standards of Performance for Stationary Combustion Turbines );



## ...

18 AAC 50.040(b) is amended to read:

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of July 1, 20 09 [ MAY 16, 2007 ] , are adopted by reference as they apply to a Title V source:



## ...

18 AAC 50.040(c) is amended to read:

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), as revised as of 75 Fed. Reg. 9648 (March 3, 2010) [ JULY 16, 2007 ] , are adopted by reference as they apply to a Title V sou rce:Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

4 

## ...

18 AAC 5 0.040(c) is amended by adding new paragraph s to read:

(33) Appendix B (Sources Defined for Early Reduction Provisions) ; [.]

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities);

(35) Subpart CCCCCC (National Emission Standards for Hazardous Air

Poll utants for Source Category: Gasoline Dispensing Facilities).



## ...

18 AAC 50.040(d) is amended to read:

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2009 [ 2007 ] , are adopted by reference to the extent that they apply to a Title V source.



## ...

18 AAC 50.040(e) is amended to read:

(e) The requirements of 40 C.F.R. 52.70

- 40 C.F.R. 52.96, as revised as of J uly 1, 2009 [ 2007 ] , as they apply to a Title V source and for purposes of a Title V pe rmit, are adopted by

reference.



## ...

18 AAC 50.040(f) is amended to read:

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models (Revised)), as revised as of July 1, 2009 [ 2007 ] , are adopted by reference.



## ...

18 AAC 50.040(g) is amended to read:

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), as revised as of July 1, 2009 [ 2007 ] , are adopted by reference:



## ...Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

5 18 AAC 50.040(h) is amended to read:

(h) The following provisions of 40 C.F.R. 51.166 and 40 C.F.R. 52.21

- 40 C.F.R. 52.22 (Prevention of Significant Deterioration of Air Quality), as revised as of 75 Fed. Reg. 31514 ( June 3 , 2010) [ JULY 2, 2007 ]

, are adopted by reference:



## ...

18 AAC 50.040(i) is amended to read:

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), as revised

as of July 1, 2009 [ JULY 2, 2007 ] , text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:



## ...

18 AAC 50.040(

j ) is amended to read:

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of 75 Fed. Reg. 31514 ( June 3 , 2010) [ JULY 2, 2007 ] , are adopted by reference, except as provided in

18 AAC 50.326:



## ...

18 AAC 50.040(j) is amended by add ing a new paragraph to read :

(9) 40 C

. F

. R

. 71.13 (Enforceable commitments for further actions addressing Greenhouse gases (GHGs))

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187 ; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.055(a)(9) is amended to read:

(9) more than 20 percent for any three minutes in any one hour [ EXCEPT FOR

AN ADDITIONAL THREE MINUTES IN ANY ONE HOUR ] for a coal burning boiler that began o peration before August 17, 1971
, except for an additional three minutes in any one hour ifRegister ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

6 (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187 ; am __/__/____, Register

___ )

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.215 (a) is amended to read:

18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorologica l or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall

obtain the data in accordance with

(1) the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program [ ALASKA QUALITY ASSURANCE MANUAL FOR AMBIENT AIR QUALITY MONITOR ING ], adopted by reference in 18 AAC 50.030, for PM

- 10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, and ammonia;



## ...

18 AAC 50.215 (f) is amended by adding a n ew subsection to read :

(f) A person conducting a modeling analysis under 18 AAC 50.540(c)(2) for a non

fast

- track minor permit application may seek d epartment approval to use the procedures

and demonstration thresholds described in 18 AAC 50.542 (c) (2), e xcept when modeling a stationary source subject to 18 AAC 50.542(a)(1) . T he d epartment may grant approval to use such procedures and demonstration thresholds at its discretion.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187 ; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.140 Sec. 30, ch. 74, SLA 1993

AS 46.14.030 AS 46.14.180

18 AAC 50.302 is amended by adding a new subsection to read:

(c) Terms and conditions initially established in a PSD permit and identified in the PSD permit as solely necessary to meet a Title V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3) are considered Title V terms and conditi ons upon incorporation of those terms and conditions into a Title V permit. Subsequent changes to such terms and conditions will therefore only need to be made with in the Title V permit, not the PSD permit. The mechanism for requesting such changes shall be throughRegister ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

7 the applicable Title V operating permit modification or amendment provisions of 18 AAC

50.326 rather than the Minor Permit provisions of 18 AAC 50.508(6).

(Eff.10/1/2004, Register 171 ; am __/__/____, Register ___)

Authority : AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

18 AAC 50.306(b) is repealed and readopted to read:

(b) To satisfy the requirement of (a) of this section, the owner or operator must comply

with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the following changes:

(1) in 40 C.F.R. 52.21,

(A) the term “administrator” means

( i ) “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and

( ii ) “department” elsewhere;

( B ) the term “national ambient air quality standard” means an Alaskan

am bient air quality standard as found in 18 AAC 50.010 ;

( C ) the terms “ambient air increment” or “max imum allowable increase”

m ean a maximum allowable increase as found in Table 3 in 18 AAC 50.020 ;

( 2 ) exclusions from increment consumption apply to the maximum extent allowed under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040;

( 3 ) in 40 C.F.R. 52.21( b)(50)(vi) the parenthetical “(or any earlier date established in the upcoming rulemaking codifying test methods)” shall be ignored; and

( 4 ) in 40 C.F.R. 52.21(i)(1)(xi) all references to “July 15, 2008” shall be read as { adoption date of these regulations }.

(Eff.10/1/2004, Register 171; am 7/25/2008, Register 187 ; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

8 18 AAC 311(b)(1)(C)(i) is amended to read:

(i) from each stationary source providing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(a)(2) [ 18 AAC 50.508(4) ] ; and

(Eff. 10/1/2004, Register 171 ; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170

AS 46.03.850 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140

18 AAC 50.346 is amended to read:

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) For a construction permi t or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit

- specific or stationary source

- specific conditions more adequately meet the requirements of this chapter or

th at no comparable condition is appropriate for the stationary source or emission unit. The department’s Standard Permit Condition II

– Air Pollution Prohibited, as revised as of { adoption date of these regulations } [ AUGUST 25, 2004 ] , is adopted by referenc e.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit

- specific or stationary

source

- specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Title V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I

– Emission Fees, as revised as of { adoption date of these regulations } [AUGUST 25, 2004 ] ;

(2) Standard Permit Condition III

– Excess Emissions and Permit Deviation Reports, as revised as of { adoption date of these regul ations } [AUGUST 20, 2008];

(3) Standard Permit Condition IV

– Notification Form, as revised as of { adoption date of these regulations } [ AUGUST 20, 2008] ;

(4) Standard Operating Permit Condition V

– Insignificant Sources, as

revised as of adoption dat e of these regulations } [AUGUST 25, 2004] ;

(5) Standard Operating Permit Condition VI

– Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII

– Operating Reports, as

revised as of { adoptio n date of these regulations } [ AUGUST 20, 2008 .] ;Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

9 (7) Standard Operating Permit Condition [S] XIV

– Document Submittals and Electronic Copies, as revised as of August 20, 2008[.] ;

(8) Standard Operating Permit Condition XV

– Emission Inventory Reporting

, { adoption date of these regulations } ; and

(9) Standard Operating Permit Condition XVI

– Emission Inventory Reporting Form, { adoption date of these regulations }

.

(c) Unless the department determines that emission unit

- specific or stationary source

specific conditions more adequately meet the requirements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in t he table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

10 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Standard Permit Condition

- Gas

- fired fuel burning equipment, except

flares Standard Operating Permit Condition VIII

– Visible Emissions and Particulate Matter Monitoring Plan for Gas

- Fired Fuel Burning Equipment, August 25, 2004

– Stationary diesel engines

– Liquid

- fired stationary turbines

– Other liquid

- fired fuel burning equipment Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units, { adoption date of these regulations } [AUGUST 20, 2008]

– Coal fired boilers

– Coal handling equipment

– Constructio n of gravel pads or roads that are part of a permitted stationary source, or other construction that has the potential to generate fugitive dust that reaches ambient air

– Commercial, industrial, municipal solid waste, air curtain, and medical waste incine rators

– Sewage sludge incinerators not using wet

methods to handle the ash

– Mines

– Urea manufacturing

– Soil remediation units

– Dirt roads under the control of the operator with frequent vehicle traffic

– Other sources the department finds are likely

to generate fugitive dust Standard Operating Permit Condition X

– Reasonable Precautions to Prevent Fugitive
Dust, { adoption date of these regulations } [AUGUST 25, 2004]Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

11 – Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI

– SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

– Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII

– SO 2 Material Balance Calculation, August 25,

2004

– Coal fired boilers Standard Operating Permit Condition XIII

– Coal Fired Boilers, August 20, 2008

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 4 6.14.010 AS 46.14.130 AS 46.14.250

AS 46.14.020 AS 46.14.140

18 AAC 400(e) is amended to read:

(e) Before the department takes action on an application received for a permit under 18 AAC 50.508(a)(1) [ 18 AAC 50.508(3) ] , the permittee, owner, or operator of a stationary source must pay a nonrefundable one

- time permit fee as follows:



## ...

18 AAC 400( k ) is amended to read:

(k) The permittee, owner, or operator of a stationary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(a)(3) [ 18 AAC 50.508(5) ] or a preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am __/__/____, Register ___)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

12 18 AAC 40 3 ( 7 ) is amended to read:

(7) a minor permit under 18 AAC 50.508(a)(2) [ 18 AAC 50.508(4) ] ;

(Eff. 1/29/2005, Register 173; am 12/3/2005, Register 176 ; am __/__/____, Register ___ )

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 4 1 0 (f

) is amended to read:

(f) For stationary sources required to obtain a minor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(a)(4) [ 18 AAC 50.508(6) ] but not required to obtain an operating permit under AS 46.14.130(b) , the permittee shall pay a one

- time emission fee assessed for the state fiscal year following the state fiscal year in which the permit was issued. The emission fee is based on assessable emissions for the state fiscal year being assessed and is

billed in July of that year. The entire fee is allocated to the emission control permit receipts

account under AS 46.14.265. The annual emission fee rate is

(Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Register 176; am 12/14/2006, Register 180; am 6/18/2009, Register 190 ; am __/__/____, Register ___ )

Authority : AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020

18 AAC 50.502(b)(6) is amended to read:

(6) a Port of Anchorage stationary source
, as defined in 18 AAC 50.990(78)

.



## ...

18 AAC 50.502(c)(1)(E) is amended to read:

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon

monoxide nonattainment area; or



## ...

18 AAC 50.502(c)(3) (A)(iv) is amended to read:

(iv) 100 TPY of carbon monoxide for a stationary source withinRegister ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

13 10 kilometers of a carbon monoxide nonattainment area; or



## ...

18 AAC 50.502(c)(3)(B)(iv) is amended to read:

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon monoxide nonattainment area.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187 ; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.508 is repealed and readopted to read:

18 AAC 50.508. Minor permits requested by the owner or operator. (a) An owner or operator may request a minor permit from the department for

( 1 ) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revised under this chapter;

( 2 ) establishing actual emission reductions from an existing stationary source if requested by that source’s owner or operator to offset an increase in allowable nonattainment air pollutant emissi ons at a

(A) new major stationary source;

(B) major modification; or

(C) PAL major modification;

( 3 ) establishing an owner requested limit (ORL) at a stationary source to avoid a permit classification under AS 46.14.130; if the department approves an owner requested limit on the source’s ability to emit air pollutants, a limitation approved under an ORL is an enforceable limitation for purposes of determining [ESTABLISHING AN OWNER REQUESTED LIMIT (ORL) AT A STATIONARY SOURCE; THE OWNER OR OPERATOR

MAY AVOID A PERMIT CLASSIFICATION UNDER AS 46.14.130 IF THE DEPARTMENT APPROVES AN OWNER REQUESTED LIMIT ON THE SOURCE’S ABILITY TO EMIT AIR POLLUTANTS; A LIMITATION APPROVED UNDER AN ORL IS AN ENFORCEABLE LIMITATION FOR THE PURPOSE OF DETERMINING]

(A) stationary source

- specific allowable emissions; andRegister ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

14 (B) a stationary source’s potential to emit; or

( 4 ) revising or rescinding the terms and conditions of a Title I permit issued under this chapter , except as noted under (b)

.

(b) Terms and conditio ns initially established in a Title I permit and identified in the Title I permit as solely necessary to meet a Title V operating permit requirement to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) and 40 CFR 71.7(d) incorp orated by reference under 18 AAC 50.040(j)(5) are considered Title V terms and conditions upon incorporation of those terms and conditions into a Title V permit. Subsequent changes to such terms and conditions will therefore only need to be made

with in th e Title V permit, not the original Title I permit. The mechanism for requesting such changes shall be through the applicable Title V operating permit modification or

amendment provisions of 40 C

. F

. R

. 71.7 as incorporated by reference under 18 AAC 50.040(j)(5) rather than the Title I provisions of 18 AAC 50.508(6). (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187 ; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.1 70

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.540(c)(2) is amended to read:

(2) for a permit for construction, modification, or relocation of a stationary source, a demonstration conducted in a manner consistent w ith 18 AAC 50.215(b)

– (f) that the proposed potential emissions from the stationary source will not interfere with the attainment or maintenance of the ambient air quality standards; the ambient demonstration must follow an approved modeling protocol if the department requests a mo deling protocol for demonstrating compliance with ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification does not need an ambient analysis to determine that construction and operation w ill not result in a violation of an ambient air quality standard, the application must include an ambient analysis for



## ...

18 AAC 50.540(c)(2)(B) is amended to read:

(B) sulfur dioxide, PM

- 10, and nitrogen dioxide for a portable oil and gas operation
, unless the department grants in writing the exclusion of sulfur dioxide ;



## ...Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

15 18 AAC 5 40(

j ) is amended to read:

(j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(a)(3) [ 18 AAC 50.508(5) ] must include the information and materials required under 18 AAC 50.225(b)(2)

– (6) and (8).



## ...

18 AAC 50.540(k)(3) is amended to read:

(3) the effect of revising or revoking the permit term or condition on emissions, other permit ter ms, the underlying ambient demonstration (if applicable)

, and compliance monitoring; and

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187 ; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.542(a)(1) is amended by adding new subparagraphs to read:

(C) in the Nikiski Industrial Area as described under 18 AAC 50.990(6) ; [ OR ]

(D) on an offshore platform; [ OR ]

(E) in the Municipality of Anchorage ;

(F) in the City of Fairbanks ;

(G) Fort Wainwright ;

(H) Eielson AFB ; or



## ...

18 AAC 542(d)(1)(D) is amended to read:

(D) for a request under 18 AAC 50.508(a)(4) [ 18 AAC 50.508(6) ] to revise a construction permit issued under 18 AAC 50.306

– 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; andRegister ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

16 

## ...

18 AAC 542( f

)( 7 ) is amended to read:

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(a)(2)
[ 18 AAC 50.508(4) ] to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air polluta nt will result from the limitations proposed in the application;



## ...

18 AAC 542(f)(8) is amended to read:

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(a)(3) [ 18 AAC 50.508(5) ] , if the department finds that



## ...

18 AAC 542(f)(9) is amended to read:

(9) approve a request under 18 AAC 50.508(a)(4) [ 18 AAC 50.508(6) ] to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply wi th all applicable requirements of this chapter.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14 .180

AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544(a) is amended to read:

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400

–
18 AAC 50.499;Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

17 (3) include any conditions established under 18 AAC 50.201 , as applicable ; [ AND ]

( 4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source.

(5) include the standard permit conditions in 18 AAC 50.345, as applicable ; [

. ]

(6 ) include conditions as necessary to protect ambient air quality ; and

(7) include conditions required under 40 C

. F

. R

. 71 as incorporated by reference under 18 AAC 50.040(j) and 18 AAC 50.326, as needed, to accommodate an owner or operator request to add the conditions of a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e).



## ...

18 AAC 50.544(g) is amended to read:

(g) In each minor permit under 18 AAC 50.508(a)(2) [ 18 AAC 50.508(4) ] to establish offsetting emissions, the department will include terms and conditions to ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for



## ...

18 AAC 50.544(h) is a mended to read:

(h) In each minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(a)(3) [ 18 AAC 50.508(5) ] , the department will include terms and conditions that



## ...

18 AAC 50.544(h)(3) is amended to read:

(3) describe each perm it classification under AS 46.14.130 that the ORL allows the owner or operator to avoid [ , OR EACH MAXIMUM ALLOWABLE INCREASE UNDER 18 AAC 50.020 OR AMBIENT AIR QUALITY STANDARDS THAT WILL BE

PROTECTED ]

.



## ...Register ____, ________ 2010 E NVIRONMENTAL CONSERVATION DRAFT

18 18 AAC 50.544(i) is amended to read:

(i ) In each minor permit under 18 AAC 50.508(a)(4) [ 18 AAC 50.508(6) ] that revises or rescinds terms or conditions of a Title I permit, the department will include terms and conditions as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this chapter. If the limit

(Eff.10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Register 188 ; am __/__/____, Registe r ___)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.990(101) is amended to read:

(101) "stack" has the meaning [ MEETING ] given in AS 46.14.990;



## ...

18 AAC 50.990(121) is amended to read:

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 51.100(s), as revised as of J uly 1, 2009

, [ 2004 ] and adopted by reference;

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Reg ister 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187 ; am __/__/____, Register ___)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993Craig E. Campbell

Lieutenant Governor

State Capitol
Juneau, Alaska 99811

907.465.3520 465.5400 Fax

WWW.LTGOY.ALASKA.GOY 530 West ill Ave, Suite 1700 Anchorage, Alaska 99501

907.269.7460 269.0263

Lr.GOYERNOR@ALASKA.GOY

OFFICE OF THE LIEUTENANT GOVERNOR

ALASKA

MEMORANDUM

TO: Gary Mendivil, AAC Contact Department of Environmental Conservation

FROM: Scott Clark Special Assistant

907.465.4081

DATE:

RE: November 9, 2010

Filed Permanent Regulations: Department of Environmental Conservation

Air Quality, Adopted-By-Reference Materials, Standard Permit Conditions, and

Clarifications: 18 AAC 50.015(b)(3); 18 AAC 50.040; 18 AAC 50.05S(a)(9); 18 AAC
50.225(a); 18 AAC 50.302(c); 18 AAC 50.306(b); 18 AAC 50.346; 18 AAC 50.502(c), (e);

18 AAC 50.508; 18 AAC 50.510; 18 AAC 50.540(c)(2), (k); 18 AAC 50.S42(a)(1); 18

AAC 50.544(a), (h)(3); 18

Attorney General File:

Regulation Filed:

Effective Date:

Print: JU2009200994

11/9/2010

12/9/2010

196, January 2011

cc with enclosures: Linda Miller, Department of Law

Jim Pound, Administrative Regulation Review Committee Judy Herndon, LexisNexisFOR DELEGATION OF THE LIEUTENANT GOVERNOR'S AUTHORITY

I, CRAIG E. CAMPBELL, LIEUTENANT GOVERNOR OF THE STATE OF ALASKA, designate the following state employee to perform the Administrative Procedures Act filing

functions of the Office of the Lieutenant Governor:

SCOTT CLARK, Special Assistant

IN TESTIMONY WHEREOF, I have signed and affixed the Seal of the State of Alaska, at Juneau, on February 23, 2010.

C E. CAMPBELL

LIEUTENANT GOVERNORRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

1 18 AAC 50.015(b) is amended by adding a new paragraph to read:

(3) for PM

- 2.5: Fairbanks and North Pole urban area.

(Eff. 1/18/97, Register 141; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am

10/10/2004, Register 171 ; am ___/___/____, Registe r ____)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

The lead

- in language of 18 AAC 50.040(a) is amended to read:

(a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New

Stationary Sources), as revised as of October 8, 2009 [JULY 1, 2007 ] , are adopted by reference

as they apply to a Title V source:



### . . .

18 AAC 50.040(a)(2) is amended by adding new subparagraphs to read:

(LL) Subpart DDDD ( Emissions Guidelines a nd Compliance Times f or

Commercial a nd Industrial Solid Wa ste Incineration Units That Commenced

Construction o n o r Before November 30, 1999);

(MM) Subpart EEEE ( Standards of P erformance f or Other Solid Waste

Incineration Units f

or Which Construction Is Commenced After December 9, 2004, o r f or

Which Modification o r Reconstruction Is Commenced on or A fter June 16, 2006);



### (NN) Subpart FFFF (Emission Guidelines and Compliance Times f or

Other Solid Waste Incineration Units That Commenced Construction on o r Before

December 9, 2004);Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

2 (OO) Subpart IIII (Standards of Pe rformance f or Stationary Compression

Ignition Internal Combustion Engines );

(PP) Subpart JJJJ (Standards of Performance f or Stationary Spark Ignition

Internal Combustion Engines );

(QQ) Subpart KKKK (Standards of Performance f or Stationary

Combustion Turb ines);

The lead

- in language of 18 AAC 50.040(b) is amended to read:

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for

Hazardous Air Pollutants), as revised as of July 1, 2009 [ MAY 16, 2007 ] , are adopted by

reference as th ey apply to a Title V source:



### . . .

The lead

- in language of 18 AAC 50.040(c) is amended to read:

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for

Hazardous Air Pollutants for Source Categories), as revised as of July 30, 2010 [JULY 16,

2007 ] , are adopted by reference as they apply to a Title V source:



### . . .

18 AAC 50.040(c) is amended by adding new paragraphs to read:

(34) Subpart BBBBBB (National Emission Standards f or Hazardous Air

Pollutants f

or Source Category: Gas oline Distribution Bulk Terminals, Bulk Plants, a nd PipelineRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

3 Facilities);

(35) Subpart CCCCCC (National Emission S tandards f or Hazardous Air

Pollutants f

or Source Category: Gasoline Dispensing Facilities).

18 AAC 50.040(d) is amended to read:

(d) The p rovisions of 40 C.F.R. Part 82, as revised as of July 1

, 2009 [JULY 1, 2007 ]

,

are adopted by reference to the extent that they apply to a Title V source.

18 AAC 50.040(e) is amended to read:

(e) The requirements of 40 C.F.R. 52.70

- 40 C.F.R. 52.96, as r evised as of July 1 , 2009

[JULY 1, 2007 ] , as they apply to a Title V source and for purposes of a Title V pe rmit, are

adopted by reference.

18 AAC 50.040(f) is amended to read:

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Qualit y

Models), as revised as of July 1 , 2009 [JULY 1, 2007 ] , are adopted by reference.

The lead

- in language of 18 AAC 50.040(g) is amended to read:

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State

Plans for Designated Fac ilities and Pollutants), as revised as of July 1, 2009 [JULY 1, 2007 ] , are

adopted by reference:



### . . .Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

4 The lead

- in language of 18 AAC 50.040(h) is amended to read:

(h) The following provisions of 40 C.F.R. 51.166 (P revention o f Significant

Deterioration o f Air Quality ) and 40 C.F.R. Part 52 (Approval and Promulgation of

Implementation Plans [ 40 C.F.R. 52.21 (PREVENTION OF SIGNIFICANT

DETERIORATION OF AIR QUALITY) ] , as revised as of August 2 , 2010 [ JULY 2, 2007 ] , are

adopted by reference:



### . . .

18 AAC 50.0 40(h)(3) is amended to read:

(3) 40 C.F.R. 52.21(a)(2) ( Applicability Procedures);

18 AAC 50.040(h) is amended by adding a new paragraph to read:

(21) 40 C.F.R. 52.22 (Enforceable Commitments for Further Actions Addressing

the Pollutant Greenhouse Gases (GHGs)).

The lead

- in language of 18 AAC 50.040(i) is amended to read:

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), as revised

as of July 1, 2009 [JULY 2, 2007 ] , text setting out provisions that a state implementation plan

shall or may contain is adopted by reference as follows:



### . . .Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

5 The lead

- in language of 18 AAC 50.040(j) is amended to read:

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of

August 2 , 2010 [ JULY 2, 2007 ] , are adop ted by reference, except as provided in 18 AAC

50.326:



### . . .

18 AAC 50.040(j) is amended by adding a new paragraph to read:

(9) 40 C.F.R. 71.13 (Enforceable Commitments f or Further Actions Addressing

Greenhouse Gases (G HG s))

. (Eff. 1/18/97, Register 141 ; am 6/14/98, Register 146; am 6/21/98,

Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register

163; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187 ; am

___/___/____, Register ____)

Auth ority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.055(a)(9) is amended to read:

(9) more than 20 percent for any three minutes in any one hour [, EXCEPT FOR

AN ADDITIONAL THREE MINUTES IN ANY ONE HOUR ] for a coal burning boiler tha t

began operation before August 17, 1971

, except for an additional three minutes in any one

hour if



### . . .

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002,Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

6 Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187 ; am ___/___/____,

Register ____)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

The lead

- in language of 18 AAC 50.225 (a) is amended to read:

18 AAC 50.225. Owner

- requested limits

. (a) The owne r or operator of an existing or

proposed stationary source may request an enforceable limit on the ability to emit air pollutants

to avoid all permitting obligations under AS 46.14.130 . A limitation approved under this

section is an enforceable limitation for the purpose of determining



### . . .

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am

1/29/2005, Register 173; am 7/25/2008, Register 187 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14 .140

AS 46.14.020 AS 46.14.120

18 AAC 50.302 is amended by adding a new subsection to read:

(c) If a t erm or condition is established in a PSD permit listed in (a)(1) of this section, or

established in a PSD permit incorporated into a permit under (b) of this section, and is identified

in the permit as solely necessary to meet a Title V requirement associated with an integrated

review conducted under 18 AAC 50.306(c)(3)

, the term or condition is considered a Title V term

or condition upon incorporation into a Title V permit. A s ubsequent revision to the term orRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

7 condition may be made solely through the applicable Title V operating permit amendment or

modification provisions of 18 AAC 50.326. (Eff. 10/1/2004, Register 171 ; am ___/___/____,

Register ____ )

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

18 AAC 50.306(b) is repealed and readopted to read:

(b) To satisfy the requirement of (a) of this section, the owner or operator must comply

with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the

following changes:

(1) in 40 C.F.R. 52.21,

(A) the term " administrator " means

(i) " federal administrator " in 40 C.F.R. 52.21(b)(17), (b)(37),

(b)(43), ( b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and

(ii) "department" elsewhere;

(B) the term " nation al ambient air quality standard" means an ambient air

quality standard set out in 18 AAC 50.010 for this state ;

(C) the term " ambient air increment " or " m aximum allowable increase "

mean s a maximum allowable increase set out in Table 3 in 18 AAC 50.020 (b) ;

(2) exclusions from increment consumption apply to the maximum extent

allowed under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040;Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

8 (3) in 4 0 C.F.R. 52.21(i)(1)(xi) , each reference to the date " July 15, 2008 " is

replaced with " { effective date of these regulations }. "

(Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.346 is amended to read:

18 AAC 50.346. Construction and operating permits: other permit conditions. (a)

For a construction permit or Title V permit, the de partment will use the standard permit

condition in this subsection, unless the department determines that emission unit

- specific or

stationary source

- specific conditions more adequately meet the requirements of this chapter or

that no comparable condition is appropriate for the stationary source or emission unit. The

department' s Standard Permit Condition II

- Air Pollution Prohibited, as revised as of September

27, 2010 [ AUGUST 25, 2004 ] , is adopted by reference.

(b) In a Title V permit, the department w ill use the standard permit conditions listed in

this subsection, unless the department determines that emission unit

- specific or stationary

source

- specific conditions more adequately meet the requirements of this chapter or that no

comparable condition is appropriate for the Title V source o r emission unit. The following

standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I

- Emission Fees, as revised as of September 27,

2010 [AUGUST 25, 2004 ] ;Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

9 ( 2) Standard Permit Condition III

- Excess Emissions and Permit Deviation

Reports, as revised as of September 27, 2010 [AUGUST 20, 2008];

(3) Standard Permit Condition IV

- Notification Form, as revised as of

September 27, 2010 [AUGUST 20, 2008];

(4) Sta ndard Operating Permit Condition V

- Insignificant Sources, as revised as

of September 27, 2010 [AUGUST 25, 2004 ] ;

(5) Standard Operating Permit Condition VI

- Good Air Pollution Control

Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII

- Operating Reports, as revised as

of September 27, 2010 [AUGUST 20, 2008];

(7) Standard Operating Permit Condition XIV

- Document Submittals and

Electronic Copies, as revised as of August 20, 2008 ;

(8 ) Standard Operating Permit Con dition XV

- Emission Inventory

Reporting, as revised as of September 27, 2010;

( 9) Standard Operating Permit Condition XV I

- Emission Inventory

Reporting Form
, as revised as of September 27, 2010

.

(c) Unless the department determines that emission unit

- s pecific or stationary source

specific conditions more adequately meet the requirements of this chapter, the department will

use the standard operating permit conditions listed in Table 7 of this subsection for the respective

emission unit or emission unit types identified in the table. The standard operating permit

conditions listed in Table 7 are adopted by reference.Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

10 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Standard Operating Permit Condition

- Gas

- fired fuel burning equip ment, except

flares Standard Operating Permit Condition VIII

–

Visible Emissions and Particulate Matter

Monitoring Plan for Gas

- Fired Fuel Burning

Equipment, August 25, 2004

– Stationary diesel engines

– Liquid

- fired stationary turbines

– Other liquid

- fired fuel burning equipment Standard Operating Permit Condition IX

–

Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Emission

Units, September 27, 2010 [AUGUST 20,

2008]

– Coal fired boilers

– Coal handling equipment

– Construction of gravel pads or roads that are

part of a permitted stationary source, or other

construction that has the potential to generate

fugitive dust that reaches ambient air

– Commercial, industrial, municipal solid waste, Standard Operating Permit Condition X

–

Reasonable Precautions to Prevent Fugitive

Dust, September 27, 2010 [AUGUST 25,

2004]Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

11 air curtain, and medical waste incinerators

– Sewage sludge incinerators not using wet

methods to handle the ash

– Mines

– Urea manufacturing

– Soil remediation units

– Dirt roads under the control of the operator

with frequent vehicle traffic

– Other sources the department finds are likely

to generate fugitive dust

– Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI

– SO 2

Emissions from Oil Fired F uel Burning

Equipment, August 25, 2004

– Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII

–

SO 2 Material Balance Calculation, August 25,

2004

– Coal fired boilers Standard Operating Permit Condition XIII

–

Coal Fired Boile rs, August 20, 2008Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

12 (d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am

11/9/2008, Register 188; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14 .250

AS 46.14.020 AS 46.14.140

18 AAC 50.502(c)(1)(E) is amended to read:

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon

monoxide nonattainment area; or

18 AAC 50.502(c)(3)(A)(iv) is amended to read:

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon monoxide nonattainment area; or

18 AAC 50.502(c)(3)(B)(iv) is amended to read:

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon monoxide nonattainment area.

The lead

- in language of 18 AAC 50.502(e) is amended to read:

(e) For the purposes of (c)(3)(B) [(c)(3)] of this section, actual emissions shall be

calculated by comparing projected actual emissions to the baseline actual emissions. In

determining the pr ojected actual emissions, before beginning actual construction, the owner orRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

13 operator of the stationary source shall



### . . .

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am

7/25/2008, Register 187 ; am ___/___/____, R egister ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

The lead

- in language of 18 AAC 50.508 (5) is amended to read:

( 5 ) establishing an owner requested limit ( ORL ) to avoi d one or more permit

classifications [ AT A STATIONARY SOURCE; THE OWNER OR OPERATOR MAY

AVOID A PERMIT CLASSIFICATION ] under AS 46.14.130 at a stationary source that will

remain subject to at least one permit classification [ IF THE DEPARTMENT APPROVES

AN O WNER REQUESTED LIMIT ON THE SOURCE’S ABILITY TO EMIT AIR

POLLUTANTS ] ; a limitation approved under an ORL is an enforceable limitation for the

purpose of determining



### . . .

18 AAC 50.508 (6) is amended to read:

( 6 ) revising or rescinding the terms and condi tions of a Title I permit issued

under this chapter , except as provided under 18 AAC 50.510

. (Eff. 10/1/2004, Register 171;

am 7/25/2008, Register 187 ; am ___/___/____, Register ____)Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

14 Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50 is amended by adding a new section to read:

18 AAC 50.510

. Minor permit

- Title V permit interface. A t erm or condition

established in a minor permit issued under 18 AAC 50.542 and identifie d in the minor permit as

solely necessary to meet a Title V operating permit requirement to qualify as an operating permit

administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d) , adopted by reference

in 18 AAC 50.040(j) , is considered a Titl e V term or condition upon incorpo ration into a Title V

permit. A s ubsequent revision to the term or condition may be made solely through the

applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326.

(Eff. ___/___/____, Re gister ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

The lead

- in language of 18 AAC 50.540(c)(2) is amended to read:

(2) for a permit for construction, modification, or r elocation of a stationary

source, a demonstration in accordance with 18 AAC 50.215(b)

- ( e ) that the proposed potential

emissions from the stationary source will not interfere with the attainment or maintenance of the

ambient air quality standards; the amb ient demonstration must follow an approved modelingRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

15 protocol if the department requests a modeling protocol for demonstrating compliance with

ambient air quality standards; unless the department has made a finding in writing that the

stationary source or m odification does not need an ambient analysis to determine that

construction and operation will not result in a violation of an ambient air quality standard, the

application must include an ambient analysis for



### . . .

The lead

- in language of 18 AAC 50.540( k) is amended to read:

(k) Revising or rescinding permit conditions. An application for a minor permit

revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must

include



### . . .

18 AAC 50.540(k)(3) is amended to read:

(3) the effect of revising or revoking the permit term or condition on

(A) emissions ;

(B) [

, ] other permit terms

(C) the underlying ambient demonstration

, if required under (c)(2) of

this section; [,] and

(D) compliance monitoring; and

(Eff. 10/1/2004, Reg ister 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am

7/25/2008, Register 187 ; am ___/___/____, Register ____)Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

16 Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 A AC 50.542(a)(1) is amended by adding new subparagraphs to read:

(E) in the Municipality of Anchorage;

(F) in the City of Fairbanks;

(G) within Fort Wainwright; or

(H) within Eielson Air Force Base; or

(Eff. 10/1/2004, Register 171; am 12/1/2004, Regist er 172; am 7/25/2008, Register 187; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.20 0

18 AAC 50.544(a)(3) is amended to read:

(3) incl ude any conditions established under 18 AAC 50.201 , as applicable ;

18 AAC 50.544(a) is amended by adding new paragraphs to read:

(6) include conditions as necessary to protect ambient air quality; and

(7) include, as needed, conditions required under 40 C.F.R. Part 71

, as adopted

by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operatorRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

17 request to add the conditions of a minor permit to a Title V permit by administrative amendment

under 18 AAC 50.542(e).

18 AAC 50.544(h)(3) is amended to read:

(3) describe each permit classification under AS 46.14.130 that the ORL allows

the owner or operator to avoid [ , OR EACH MAXIMUM ALLOWABLE INCREASE UNDER

18 AAC 50.020 OR AMBIENT AIR QUALITY STANDARDS THAT WILL BE

PROTECTED ]

.

(Eff.10/1 /2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am

7/25/2008, Register 187; am 11/9/2008, Register 188 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14. 180

AS 46.14.020 AS 46.14.140 AS 46.14.25 0

18 AAC 50.990(101) is amended to read:

(101) "stack" has the meaning [ MEETING ] given in AS 46.14.990;

18 AAC 50.990(121) is amended to read:

(121) "volatile organic compound" or " VOC " has the meaning given in 40 C.F.R.

51.100(s), as revised as of July 1

, 2009

, [JULY 1, 2004 ] and adopted by reference;

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98,

Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161;Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

18 am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am

10/1/2004, Register 171; am 12/3/2005, Register 176; am 12/30/2007, Register 184; am

7/25/2008, Register 187 ; am 4/1/2010, Register 193; am ___ /___/____, Register ____)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993

Editor' s note: The July 1, 2009 version of 40 C.F.R. 51.166(b)(49) contains a

printing error. The correct definition for " regulated NSR pollutant " may be found in

73 Fed. Reg. 28347 (May 16, 2008).

### 40 C.F.R. Part 51 Appendix V 2.1

. (c)

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03.765

Alaska Statute 46.03.780

Alaska Statute 46.03.790

Ala ska Statute AS 46.142009 Alaska State Statutes relating to Air Quality 1 of 3 8

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Article 01. ORGANIZATION

Sec. 44.46.020. Duties of department.

(a) The Department of Environmental Conservation shall

(1) have primary responsibility for coordination and development of policies, programs, and planning related to the environment of th e state and of the various regions of the state;

(2) have primary responsibility for the adoption and enforcement of regulations setting standards for the prevention and abatement of all water, land, subsurface land, and air pollution,

and other sources o r potential sources of pollution of the environment, including by way of example only, petroleum and natural gas pipelines;

(3) promote and develop programs for the protection and control of the environment of the

state;

(4) take actions that are necessa ry and proper to further the policy declared in AS 46.03.010 ;

(5) adopt regulations for

(A) the prevention and control of public health nuisances;

(B) the regulation of sanitation and sanitary practices in the interest of public health;

(C) standards of cleanliness and sanitation in connection with the construction, operat ion, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commer cially compressed air sold for human respiration.

(b) The department's regulations for tattooing and permanent cosmetic coloring shops and for body piercing shops must include requirements that

(1) the shop be equipped with appropriate sterilizing equipm ent, with availability of hot and cold running water, and with an appropriate waste receptacle;

(2) the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client's most rece nt tattooing and permanent cosmetic coloring or body piercing;2009 Alaska State Statutes relating to Air Quality 2 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) a practitioner in the shop may use only instruments for tattooing and permanent cosmetic coloring or body piercing that have been sterilized in accordance with methods approved by the department.2009 Alaska State Statutes relating to Air Quality 3 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION

Chapter 46.03. ENVIRONMENTAL CONSERVATION

Article 02. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Sec. 46.03.020. Powers of the department.

The department may

(1) enter into contracts and compliance agreements necessary or convenient to carry out the functions, powers, and duties of the department;

(2) review and appraise programs and activities of state departments and agencies in light of the policy set out in AS 46.03.010 f or the purpose of determining the extent to which the programs and activities are contributing to the achievement of that policy and to make recommendations to the departments and agencies, including environmental guidelines;

(3) consult with and cooperat e with

(A) officials and representatives of any nonprofit corporation or organization in the state;

(B) persons, organizations, and groups, public and private, using, served by, interested in, or concerned with the environment of the state;

(4) appear and participate in proceedings before any state or federal regulatory agency involving or affecting the purposes of the department;

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the accomplishment of the purposes of the department; these activities may be carried out by the personnel of the department or in cooperation with public or private agencies, including educational, civic, and research organizations, colleges, universities, institutes, and foundations;

(6) at reasonable times, enter and inspect with the consent of the owner or occupier any property or premises to investigate either actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with a regulation that may b e adopted under AS 46.03.020

- 46.03.040; information relating to secret processes or methods of manufacture discovered during investigation is confidential;

(7) conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books, and documents by the issuance of a subpoena;

( 8) advise and cooperate with municipal, regional, and other local agencies and officials in the state, to carry out the purposes of this chapter;

(9) act as the official agency of the state in all matters affecting the purposes of the department under fed eral laws now or hereafter enacted;2009 Alaska State Statutes relating to Air Quality 4 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (10) adopt regulations necessary to carry out the purposes of this chapter, including, by way of example and not limitation, regulations providing for

(A) control, prevention, and abatement of air, water, or land or su bsurface land pollution;

(B) safeguard standards for petroleum and natural gas pipeline construction, operation, modification, or alteration;

(C) protection of public water supplies by establishing minimum drinking water standards,

and standards for the construction, improvement, and maintenance of public water supply
systems;

(D) collection and disposal of sewage and industrial waste;

(E) collection and disposal of garbage, refuse, and other discarded solid materials from industrial, commercial, agricu ltural, and community activities or operations;

(F) control of pesticides;

(G) other purposes as may be required for the implementation of the policy declared in AS

46.03.010 ;

(H) handling, transportation, treatment, storage, and disposal of hazardous wastes;

(11) inspect the premises of sellers and suppliers of paint, ves sels, and marine and boating supplies, and take other actions necessary to enforce AS 46.03.715 ;

(12) notwithstanding any other provision of law, take all actions necessary to receive authorization from the administrator of the United States Environmental Protection Agency to

administer and enforce a National Pollutant Discha rge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended;

(13) require the owner or operator of a facility to undertake monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).2009 Alaska State Statutes relating to Air Quality 5 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Sec. 46.03.760. Civil action for pollution; damages.

(a) A person who violates or causes or permits to be violated a provision of this chapter

other than AS 46.03.250

- 46.03.313, or a provision of AS 46.04 or AS 46.09, or a regulation, a

lawf ul order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter or AS 46.04 or AS 46.09 is liable, in a civil action, to the state for a sum to be assessed by the court o f not less than $500 nor more than $100,000 for the initial violation, nor more than $5,000 for each day after that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, which shall be determined by the court according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;

(2) reasonable costs incurred by the state in detection, investigation, and attempted correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for which a violation is charged.

(b) Except as determined by the court under (e)(4) of this section, actions under this section may not be used for punitive purposes, and sums assessed by the court must be compensatory

and remedial in nature.

(c) The court, upon motion of the department or upon its own motion, may defer assessment of all or part of that portion of the sum imposed upon a person under (a)(3) of this section

cond itioned upon the person complying, within the shortest feasible time, with the requirement

for which a violation is shown.

(d) In addition to liability under (a)

- (c) of this section, a person who violates or causes or permits to be violated a provision of AS 46.03.740

- 46.03.750 is liable to the state, in a civil

action bro ught under AS 46.03.822 , for the full amount of actual damages caused to the state by the violation, including

(1) direct and indirect costs associated with the abatement, containment, or removal of the pollutant;

(2) restoration of the environment to its former state;

(3) amounts paid as grants under AS 29.60.510

- 29.60.599 and as emergency first response

advances and reimbursements under AS 4 6.08.070(c); and

(4) all incidental administrative costs.2009 Alaska State Statutes relating to Air Quality 6 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (e) A person who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.475, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance
issued under AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.47 5, AS 46.14, or under the program authorized by AS 46.03.020(12), is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $500 nor more than $100,000 for the initial violation, nor more than $10,000 for each day af

ter that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court accord ing to the toxicity, degradability and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the court, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; for a violation of AS 46.03.463 , the court, in making its determination under this paragraph, shall also consider the volume of the graywater, sewage, or other

wastewater disch arged; this paragraph may not be construed to limit the right of parties other than the state to recover for personal injuries or damage to their property;

(2) reasonable costs incurred by the state in detection, investigation, and attempted

correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for which a violation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.

(f) An owner, agent, employee, or operator of a commercial passenger vessel, as defined in

AS 43.52.295 , who falsifies a registration or report required by AS 46.03.460 or 46.03.475 or who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.314,

46.03.460

- 46.03.490, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or t erm or condition of a permit, approval, or acceptance issued under

AS 46. 03.250

- 46.03.314, 46.03.460

- 46.03.490, or AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $5,000 nor more than $100,000 for the initial violation, nor more than $10,000 for each day after that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court according to

th e toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the cou rt, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; this paragraph may not be construed to limit the right of parties other than the state to recover for personal i njuries or damage to their property;2009 Alaska State Statutes relating to Air Quality 7 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) reasonable costs incurred by the state in detection, investigation, and attempted correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for

which a viol ation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.

(g) As used in this section, "economic savings" means that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of facilities necessary to effect compliance with the standard violated.2009 Alaska State Statutes relating to Air Quality 8 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Sec. 46.03.765. Injunctions.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approv al, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent th reat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of complianc e within a reasonable period of time.2009 Alaska State Statutes relating to Air Quality 9 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46 .14, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the death of fish, animals, or vegetation or otherwise in jures or degrades the environment of the state is liable to the state for damages.

(b) Liability for damages under (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degra ded resource, or to otherwise restore the environment of the state to its condition before the injury.

(c) Damages under (a) of this section shall be recovered by the attorney general on behalf of

the state.2009 Alaska State Statutes relating to Air Quality 10 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Sec. 46.03.790. Criminal penalties.

(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence

(1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approv al, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14;

(2) fails to provide information or provides false information required by AS 46.03.465

, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation adopted by the department

under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;

(3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS

46.03.250

- 46.03.313 applicable to hazardous wastes or a regulation adopted by the department

under AS 46.03.250

- 46.03.313;

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS

46.03.460

- 46.03.475, AS 46.14, or a regulation adopted under AS 46.03.020 (12), 46.03.460, or AS 46.14; or

(5) renders inaccurate a monitoring device or method required to be maintained under AS 46.14, a regulation adopted under AS 46.03.020 (12) or AS 46.14, a permit issued by the department or a local air quality control program under AS 46.14, or a permit issued by the department under the program authorized by AS 46.03.020 (12).

(b) [Repealed, Sec. 5 ch 141 SLA 1990].

(c) Each day on which a violation described in this section occurs is considered a separate

violation.

(d) Notwithstanding (a) of this section, a person who with criminal negligence discharges oil

in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04. 030 , with criminal negligence fails to comply with the plan is guilty of

(1) a class C felony if the oil discharge is 10,000 barrels or more;

(2) a class A misdemeanor if the oil discharge is less than 10,000 barrels.

(e) [Repealed, Sec. 5 ch 141 SLA 1 990].

(f) [Repealed, Sec. 5 ch 141 SLA 1990].2009 Alaska State Statutes relating to Air Quality 11 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (g) Notwithstanding AS 12.55.035 (b), upon conviction of a violation of a regulation adopted under AS 46.03.020 (12) or of a violation related to AS 46.14 and described in (a) of this section, a defendant who is not an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation.

(h) Notwithstanding (a) and (d) of this section, a person is guilty of a class A misdemeanor if the person negligently

(1) violates a regulation adopted by the department under AS 46.03.020(12);

(2) violates a permit issued under the program authorized by AS 46.03.020(12);

(3) fails to provide information or provides false information required by a regulation adopted under AS 46.03.020 (12);

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with a permit issued under or a reg ulation adopted under AS 46.03.020 (12); or

(5) renders inaccurate a mon itoring device or method required to be maintained by a permit issued under or a regulation adopted under AS 46.03.020(12).

(i) In this section,

(1) "barrel" has the meaning given in AS 46.04.900 ;

(2) "criminal negligence" has the meaning given in AS 11.81.900

.2009 Alaska State Statutes relating to Air Quality 12 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 46.14. AIR QUALITY CONTROL

Article 01. GENERAL REGULATIONS AND CLASSIFICATIONS

Sec. 46.14.010. Emission control regulations.

(a) After public hearing, the department may adopt regulations under this chapter establishing ambient air quality standards, emission standards, or exemptions to implement a state air quality control program required under 42 U.S.C. 7401

- 7671q (Clean Air Act), as

amend ed, and regulations adopted under those sections. The standards established under this section may be for the state as a whole or may vary in recognition of local conditions.

(b) Unless the governor has determined that an emergency exists that requires em ergency regulations under AS 44.62.250 , the department may adopt the fol lowing types of regulations only after the procedures established in (a), (c), and (d) of this section and compliance with AS

46.14.015:

(1) a regulation that establishes an ambient air quality standard for an air pollutant for which there is no correspon ding federal standard;

(2) a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard;

(3) a regulation that establishes an equivalent emission limitation for a hazardou s air pollutant for which the federal administrator has not adopted a corresponding maximum achievable control technology standard; or

(4) a regulation that regulates emissions from an emissions unit or stationary source or

establishes an emission standar d under the authority of AS 46.14.120 (e) or 46.14.130(c)(2).

(c) In pre paration for peer review under AS 46.14.015 and before adopting a regulat ion described under (b) of this section, the department shall

(1) find in writing that exposure profiles and either meteorological conditions or emissions unit characteristics in the state or in an area of the state reasonably require the ambient air quality standard, or emission standard to protect human health and welfare or the environment; this paragraph does not apply to a regulation under (b)(3) of this section;

(2) find in writing that the proposed standard or emission limitation is technologic ally feasible; and

(3) prepare a written analysis of the economic feasibility of the proposal.

(d) Before adopting a regulation described in (b)(2) of this section, the department shall find in writing that exposure profiles and either meteorological con ditions or emissions unit characteristics are significantly different in the state or in an area of the state from those upon which the corresponding federal regulation is based.2009 Alaska State Statutes relating to Air Quality 13 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (e) When incorporated into more than one permit, emission standards and limi tations, emissions monitoring and reporting requirements, and compliance verification requirements that are generally applicable statewide or are generally applicable to individual emissions unit or stationary source types shall be adopted in regulation un less they have been requested by the owner and operator to whom the permit is issued. The department shall, by regulation, adopt a standard, limitation, or requirement described in this subsection as soon as its general applicability is reasonably foreseea ble.

(f) An emission standard adopted by the department may be applicable to individual emissions units within a stationary source or to all emissions units within a stationary source. For purposes of determining compliance with applicable regulations and with permit limitations, the department may allow numerical averaging of the emissions of each air pollutant from several emissions units within a stationary source if

(1) requested by the owner and operator; and

(2) allowed under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and regulations adopted under those sections.

Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public

at locations throughout the state that the department considers appropriate.

(b) Before the department adopts a regulation described in AS 46.14.010(b), the department shall submit the findings described under (a) of this section, the studies on which the fi ndings are based, and other related data for peer review to a minimum of three separate parties who are not employees of the department and who are determined by the commissioner to be technically qualified in the subject matter under review. The commissio ner shall ensure that the peer review includes an analysis of the factors considered by the commissioner to support the standards proposed to be adopted and recommendations, if any, for additional research or investigation considered appropriate. Peer revi ew reports shall be submitted to the commissioner within 45 days after the department submits a matter for peer review unless the commissioner determines that additional time is required.

(c) The department shall make available to the public at least 30 d ays before the public hearing required under AS 46.14.010 (a), at conveni ent locations, copies of the department's proposed regulation, the findings of the department describing the basis for adoption of the regulation, and the peer review reports, submitted under (b) of this section.

(d) The department shall contract with per sons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals under

AS 36.30.200

- 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform p eer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of the proposed regulation. An interest is2009 Alaska State Statutes relating to Air Quality 14 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 not considered significant under this subsection if it is an interest posse ssed generally by the public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conjectural.

Sec. 46.14.020. Classification of stationary sources or emissions units; reporting.

(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quali ty. The department may make a classification under this subsection applicable to the state as a whole or to a designated area of the state. The department shall base the classifications on consideration of health, economic, and social factors, sensitivity of the receiving environment, and physical effects on property.

(b) The department or a local air quality control program authorized under AS 46.14.400 may require an owner and operator of a stationary source or emissions unit classified under this section to report information to the department or the authorized local program concerning location, size, and height of stacks or area emissions units, processes employed, fuels used, the nature and time periods or duration of emissions, and other information relevant to air quality that is available or reasonably capable of being c alculated and compiled.

Sec. 46.14.030. State air quality plan.

The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement the state plan.

Article 02. EMISSION CONTROL PERMIT PROGRAM

Sec. 46.14.110. Additional contaminant control measures. [Repealed, Sec. 28 ch 74 SLA 1993].

Repealed or Renumbered

Sec. 46.14.120. Permits for construct ion, installation, modification, or operation.

(a) Before constructing, installing, modifying, or establishing a stationary source subject to

AS 46.14.130 (a), the owner and operator shall obtain a construction permit under this chapter.

(b) Except when considered to be in compliance with this chapter under AS 46.14.275 or under a regulation adopted under AS 46.14.140(a)(12), the owner and operato r shall obtain an operating permit under this chapter before operating a stationary source subject to AS 46.14.130 (b).

(c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order issued by the department under this chapter or a court order. A person2009 Alaska State Statutes relating to Air Quality 15 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 operating under the application sh ield available under AS 46.14.140 (a)(12) and 46.14.275, shall comply wit h the terms and conditions of the pending application and applicable regulations.

(d) The department shall ensure that permits issued, modified, amended, renewed, or revoked and reissued under this chapter comply with all applicable federal, state, and lo cal requirements.

(e) If the federal administrator exempts a stationary source from the requirements of 42 U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used by the administrator in reaching that determination a nd, by regulation, shall issue a similar determination unless public health or air quality effects provide a reasonable basis to regulate the stationary source.

(f) The department may exempt or defer a stationary source from the requirement of AS

46.14.130 (b) to the extent allowed under 40 C.F.R. 70.3(b).

(g) Before construc ting, installing, modifying, operating, or establishing a stationary source subject to AS 46.14.130 (c), the owner or operator shall obtain a minor permit under this chapter.

Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following:

(1) a new major stationary source;

(2) a major modification;

(3) a project subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act, sec. 112(i)).

(b) Except for the owner and operator of a stationary source exempted under AS 46.14.120 (e) or (f ), the owner and operator of a stationary source shall obtain an operating permit from the department for

(1) a major source;

(2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or

(3) another stationary source designated by the federal administrator by regulation.

(c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or2009 Alaska State Statutes relating to Air Quality 16 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46. 14.020

(1) as having the potential to violate the ambient air quality standards; or

(2) under a finding by the department that public health or air quality effects provide a reasonable basis to regulate the stationary source.

(d) In this section, "majo r source" has the meaning given in 42 U.S.C. 7661(2).

Sec. 46.14.140. Emission control permit program regulations.

(a) The department shall adopt regulations to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do not affect the public or govern the way the department deals with the public. The regulations must be

reasonable and adequate, and provide flexibility in the operation of a stationary source consistent

with 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and applicable federal regulations. Except for regulations concerning minor permits required under AS 46.14.130 (c), the regulations must include

(1) a standard permit application form that meets the requirements of federal regulations adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b));

(2) monitoring, record keeping, and reporting requirements for facilities that are subject to

AS 46.14.130 (b), which must comply with the requirements established for state operating permit programs in 40 C.F.R. 7 0.6, but which may be modified to take into account this state's unique conditions;

(3) procedures for preparation and submission of a monitoring, reporting, and quality assurance plan and, if required, a compliance schedule describing how a permitted sta tionary source will comply with the applicable requirements of this chapter;

(4) procedures for

(A) specifying when permit applications and renewal requests are to be submitted;

(B) specifying the time duration for department review of permit applicatio ns;

(C) processing and reviewing an application;

(D) providing public notice, including opportunity for public comment and hearing; and

(E) issuing permits, including procedures for issuing permits for temporary operations or open burn activities;2009 Alaska State Statutes relating to Air Quality 17 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) reasonable standard permit conditions, including conditions for

(A) emission standards and limitations;

(B) monitoring, record keeping, and reporting for facilities subject to AS 46.14.130 ;

(C) inspection and entry;

(D) certification of corporate or other business organization reports;

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

(7) provisions addressing late payment or nonpayment of fees, which may inclu de assessment of penalties and interest or refusal to issue, amend, modify, or renew an air quality control permit;

(8) the duration of permits;

(9) procedures for modifying or amending a permit that provide flexibility in the operation of the stationary source, including procedures to allow changes to a permitted stationary source without requiring a permit modification, consistent with the purposes of this chapter and with 42

U.S.C. 7401

- 7671q (Clean Air Act);

(10) reasonable provisions for renewing, reopening, revoking and reissuing, and terminating a permit consistent with the purposes of this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act);

(11) provisions allowing for physical or operational limitations that will reduce a stationary

source's e missions to levels below those that would make the stationary source subject to part or

all of AS 46.14.120 and 46.14.130;

(12) provisions authorizing stationary source operation while a permit application is pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 503(d));

(13) provisions for ensuring that compliance with an operating permit issued under this chapter will be considered to be compliance with 42 U.S.C. 7661a (Clean Air Act, sec. 502) and other provisions of state or federal law specifically provided for by the department consistent

with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under state and federal law;2009 Alaska State Statutes relating to Air Quality 18 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) provisions allowing for certification of inspectors who evaluate compliance with the terms and conditions of a permit, order, regulation, or other provision of law authorized under this chapter; and

(15) definitions of terms incorporating applicable definitions in 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and applicable federal regulations, to the extent that those definitions are not inconsistent with this chapter.

(b) A permit issued under this chapter may not require a person to use

(1) machinery, devices, or equipment of a particular type, from a particular supplier, or produced by a particular manufacturer; or

(2) specific methods, processes, procedures, or d esigns for the management and operation of a stationary source regulated under this chapter except to the extent that the federal administrator

has

(A) adopted a design, equipment work practice, or operational standard under 42 U.S.C. 7412(h), as amended, for the control of a hazardous air pollutant; or

(B) approved an alternative hazardous air pollutant standard under 42 U.S.C. 7412(h)(3), as

amended.

(c) The absence of, or the department's failure to adopt, a regulation under this section does

not reli eve a person from compliance with a permit issued under this chapter and with other provisions of law, including emission control requirements.

Sec. 46.14.150. Time for submission of operating permit applications.

(a) The owner and operator of a stationar y source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source becomes subject to AS 46.14.120 (b).

(b) The department may accept and begin processing appl ications filed earlier than the submission date. Applications filed earlier may be given priority for permit issuance.

Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for completen ess. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provided by the department under AS 46.14.140 (a)(1) and must be certified true and correct by the owner and operator.2009 Alaska State Statutes relating to Air Quality 19 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) The department shall notify the applicant in writing whether the application is complete.

Unless the department notifies the applicant within 60 days of receipt of an application that the application is incomplete, the application is considered to be complete.

(c) If, during the processing of an application after it has been determined or considered to be complete, the department finds that additional information is necessary to evaluate or take action on that application, the information may be requested in writing from the owner and operator. A request for information under this subsection does not render the application incomplete. However, notwithstanding AS 46.14.275, an owner and operator may be found in violation of this chapter for operating without a valid permit if they fail to provide timely

additional information.

Sec. 46.14.170. Administra tive actions regarding permits.

(a) Except as provided in AS 46.14.220 o r in regulations adopted under AS 46.14.140 (a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny

(1) a construction permit within 30 days after the close of the public comment period;

(2) an operating permit, other than a general operating permit or temporary operating permit, within 12 months after receipt of the complete application by the department.

(b) [Repealed, Sec. 82 ch 41 SLA 2009].

(c) Failure by the department to act within the time limits established in or under (a ) or (d) of this section is considered to be a final agency action, but only for the purpose of judicial review to determine whether the court will require that action be taken by the department.

(d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 days after the close of the public comment period or within 30 days after receipt of the complete application by the department if a public comment period is not required under this chapter.

Sec. 46.14.180. Monitoring.

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstrating compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, analytical procedures, and statistical conventions approved by the federal administrator or the department or otherwise generally accepted as scientifically competent. Unless otherwise agreed to by the owner and operator and the department,

(1) the department may not require an owner and operator of an emissions unit to monitor emissions or ambient air quality solely for the purpose of scientific investigation or research; and2009 Alaska State Statutes relating to Air Quality 20 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) monitoring activities must be consistent with the applicable emis sion standards and their permit or permit application requirements.

Sec. 46.14.190. Single permit.

(a) Except as provided in (b) of this section, the department shall issue only a single operating permit to a stationary source, regardless of whether the s tationary source contains a single emissions unit or multiple emissions units.

(b) The department may, upon request of a stationary source owner or operator, issue more than one permit for the stationary source. Substantive and procedural requirements oth erwise applicable to a stationary source remain applicable regardless of whether the stationary source owner and operator apply for one or more permits.

Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected int erest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may request an adjudicatory hearing under t he department's adjudicatory hearing procedures. After the issuance of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General oper ating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be similar in emissions unit structure. A general operating permit must contain provisions that meet the requirements of this chapter that are applicable to operating permits. A general operating permit issued to a particula r person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the general permit is not applicable to the person's stationary source.

Sec. 46.14.211. General minor permits.

After notice a nd opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than one stationary source determined by the department to be similar in structure. If authorized by the department, a permi t issued under this section may be valid for multiple locations in this state. A general minor permit must contain provisions that meet the requirements of this chapter that are applicable to a minor permit.

Sec. 46.14.215. Temporary operations.

For purpos es of AS 46.14.130 (b), the department may issue a single operating permi t under AS

46.14.170 , authorizing a stationary source to operate at spec ific multiple locations in the state2009 Alaska State Statutes relating to Air Quality 21 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 for temporary periods of time. A permit described in this section is valid only for the specific locations identified in the application and authorized by the department. The department may not issue a permit under this section unless the permit contains conditions that will ensure compliance with this chapter at each authorized location, including compliance with ambient air quality standards and applicable increment or visibility requirements adopted under this chapter

. A permit under this section must require the owner and operator to notify the department at least 10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An operati ng permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during t he 45

- day period, the federal administrator files an objection with the department, the department shall notify the applicant of the objection. The department may not issue the permit until the objection is resolved or the permit is revised to meet the obj ection of the federal administrator. Upon request of an applicant, the department shall assist the applicant in an effort to resolve promptly an objection by the federal administrator.

(b) Within 60 days after the close of the 45

- day period under (a) of t his section and in accordance with procedures established in federal regulations adopted under 42 U.S.C. 7661d(b)(2) (Clean Air Act, sec. 505(b)(2)), a person may petition the federal administrator to file an objection to the permit.

Sec. 46.14.230. Durati on of operating permits.

(a) An operating permit under this chapter, including an operating permit that contains a compliance schedule, shall be issued for a fixed term of five years after the date of issue, except as provided for temporary operations und er AS 46.14.215 or unless a shorter term is requested by the permit appli cant.

(b) If a timely and complete application for renewal of an operating permit is submitted to the department, the existing permit issued under this chapter does not expire until the renewal permit has been issued or denied.

Sec. 46.14.235. Federal ter mination, modification, or revocation and reissuance of permits.

The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the depa rtment under this chapter.

Sec. 46.14.240. Permit administration fees.

(a) The owner or operator of a stationary source who is required to apply for a permit under

AS 46.14.130 shall pay to the department all assessed permit administration fees established2009 Alaska State Statutes relating to Air Quality 22 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 under (b) of this section except that the person named in a permit issu ed under AS 46.14.170 shall pay assessed permit administration fees incurred after the date the permit is issued.

(b) The department shall establish by regulation permit administration fees in accordance

with AS 37.10.050

- 37.10.058.

(c) [Repealed, Sec. 60(b), 65 ch 46 SLA 2003].

(d) Costs incurred by the department and other state or local governmental agencies that are assessed against small business facilities that qualify for assistance under AS 46.14.300

- 46.14.310 shall be recovered from emission fees under AS 46.14.250 (h)(2) for the following

services:

(1) providing preapplication consultation, assistance, and completeness review of applications for a permit, an amendment, a permit modification, or a renewal of a permit;

(2) reviewing or assisting in the preparation of specific documents to support a permit for a stationary source ; the documents described in this paragraph include on

- site evaluations.

Sec. 46.14.250. Emission fees.

(a) A person named as permittee in a permit issued under this chapter shall pay to the department all assessed emission fees established under this sec tion.

(b) The department shall establish by regulation an emission fee rate. The rate shall be set on the basis of dollars per ton of air pollutant emitted. The department shall assess emission fees annually on or before July 1 based on a stationary sourc e's estimated assessable emissions for the subsequent fiscal year. The department may allow installment payments of assessed emission

fees.

(c) For a stationary source that begins operation during a fiscal year, the department shall prorate the first year 's fee to cover the time period occurring before the next annual payment date. The owner or operator shall pay the initial emission fee upon commencement of lawful stationary source operation unless authorized to pay by installments under (b) of this secti on. The first year's emission fee may not duplicate a fee paid by a permittee under AS 44.46.025 for the same emissions units for the same time period. If the fees would otherwise be duplicative, the department shall provide a credit toward the emission fee in the amount of the unused balance of

the fee collected under AS 44.46.025 . The unused balance to be credited shall be based on prorating the total original fee under AS 44.46.025 for the time period for which an em ission fee applies.

(d) The department shall design the emission fee rate to distribute the total annual incurred costs described under (h) of this section in a manner so that each permittee is assessed an annual emission fee that reflects an equitable ap portionment of the fees paid by each stationary source type, size, or category. In making an apportionment under (f)(6) of this section, the department shall consider factors such as exemptions or reduced rates for small amounts of emissions, limits2009 Alaska State Statutes relating to Air Quality 23 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 upon a ssessable emissions, exempting small business facilities from the costs of the small business assistance program established under AS 46.14.300 , air pollution prevention efforts, and other factors that may ensure fair distribution of the costs described under (h) of this section.

(e) [Repealed, Sec. 88 ch 56 SLA 2005].

(f) The department shall set the emission fee rate in regulation to implement the policy established in (d) of this section. The department shall base the regulation on the findings of a report, which the department shall make available to the public with prop er notice before adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of stationary sources, their respective emission quantities, and their previous or proposed fee burden;

(4) apparent inequities encountered in the initial fee rate;

(5) total costs incurred or anticipated to be incurred under (h) of this section; and

(6) other factors that ensure fair distribution of the costs described in (h) of this section.

(g) The de partment shall periodically, and at least every four years, evaluate the fee rate set under this section to determine if it is responsive to the policy established in (d) of this section and shall provide its findings in a report.

(h) In this section,

(1 ) "assessable emission" means the quantity of each air pollutant for which emission fees

are assessed and is the lesser of

(A) the stationary source's potential to emit, in tons per year, each air pollutant; or

(B) the projected annual rate of emissions, in tons per year, of each air pollutant by the stationary source based upon previous actual annual emissions if the permittee can demonstrate to the department its previous actual annual rate of emissions through monitoring, modeling, calculations, or oth er method acceptable to the department;

(2) "emission fees" mean fees assessed to recover costs incurred by the department and other state or local governmental agencies for the implementation of minor permits, for the implementation of construction permi ts, and for operating permits to the extent required under 42 U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the permit program established under this chapter that are generally not associated with service provi ded to a specific facility, including the costs incurred by the department or a local air2009 Alaska State Statutes relating to Air Quality 24 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 quality program to comply with AS 46.14.010

- 46.14.015; the costs may include rent, utilities, permit program management, administrative and accounting services, and other costs as identified by the department in regulations; the fees sha ll also be sufficient to recover the cost of the small business assistance program under AS 46.14.300

- 46.14.310.

Sec. 46.14.255. Interest and sanctions for nonpayment.

(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599 , for the day the fee was

due.

(b) If a permittee has failed to pay a fee imposed under AS 46.14.240

- 46.14.250, a penalty, assessment, or damage award imposed under AS 46.03.760 (e) or 46.03.790 for a violation of this chapter, or interest imposed under (a) of this section, the department may, after 30 days' written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested by the permittee, or refuse to amend or modify a permit when the amendment or modification is requested by the permittee.

Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is es tablished. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS

46.14.140 , as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for state participation in the federal emission control permit program.

(b) The money deposited into the clean air protection fund may only be used to cover the reasonable direct and indirect costs required to support the permit program under this chapter and the activities of the small business assistance program that are directed at stationary sources subject to this chapter, not including court costs or other c osts associated with an enforcement

action.

Sec. 46.14.265. Emission control permit receipts account.

(a) The emission control permit receipts account is established in the state treasury. Under

AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140 , other than fees described in AS

46.14.260 (a), shall be deposited in the account. Appropriations from the account are not made from the unrestricted general fund.

(b) Nothing in this section create s a dedicated fund.

Sec. 46.14.270. Special account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS2009 Alaska State Statutes relating to Air Quality 25 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 46.14.255 shall be deposited in the general fund and credited to a special account called the "clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applicable, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unless the delay in final action was due to the failure of the owner and operator to submit, in a timely manner, additional informat ion required or requested to process the application. An owner and operator required to have an operating permit under this chapter are not in violation of the operating permit program established under this chapter before the date on which the owner and

o perator are required to submit an application under AS 46.14.150

.

Sec. 4 6.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

(a) After 30 days' written notice to the permittee, the department

(1) may terminate, modify, or revoke and reissue a construction, operating, or m inor permit if the department finds that

(A) the permit was obtained by misrepresentation of material fact or by failure of the owner and operator to disclose fully the facts relating to issuance of the permit;

(B) the permittee has violated this chapter , a regulation, a judicial or administrative order, or a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C) the permittee has failed to construct or modify a stationary source within the time period specified in a construction permit, if any, required under AS 46.14.130 (a);

(2) may modify, or revoke and reissue a construction, operating, or minor permit if the department finds that

(A) the permit contains a material mistake; or

(B) there has been a material change in the quantity or type of air pollutant emitted from the stationary source; or

(3) shall reopen a permit issued under this chapter

(A) based on a determination of the federal administrator or the department that the permit

mu st be revised to comply with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted

under 42 U.S.C. 7401

- 7671q; or2009 Alaska State Statutes relating to Air Quality 26 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (B) to incorporate changes in law, or to impose equivalent emission limitations, that become applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months

after the c hange in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.

(b) Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by the department if the procedural requirements for permit renewal have been met.

(c) Proceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only th ose parts of the permit for which the department had cause to reopen under this section.

Sec. 46.14.285. Amendment and modification of permit upon request of permittee.

(a) A permittee may request

(1) a permit amendment that provides for administrative c hanges to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emissions;

(2) an expedited authorization for minor changes in permit terms and conditions that provide for flexibility in the operation of a stationary source consistent with 42 U.S.C. 7661a(b)(10) (Clean Air Act, sec. 502(b)(10)), and regulations adopted under that paragraph; the department may adopt regulations tha t include procedures under which the public may participate when an expedited authorization is requested under this paragraph; or

(3) a modification of a permit to authorize significant changes in permit terms and conditions consistent with this chapter a nd regulations adopted under AS 46.14.140

.

(b) The department shall rev iew all requests submitted under (a) of this section and issue or deny the permit amendment or modification or otherwise authorize or deny the request consistent with this chapter and regulations adopted under this chapter.

Sec. 46.14.290. Permit as shield

.

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under it,

if

(1) the applicable requirements are included and specifically identified in the owner or operator's permit; or2009 Alaska State Statutes relating to Air Quality 27 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the requirements are determined in writing not to be applicable to the permitted stationary source; a dete rmination made under this paragraph shall be included in the permit.

(b) This section does not alter or affect

(1) the owner's and operator's obligation to comply with an emergency order issued under

AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);

(2) the liability of an owner and operator for a violation of applic able requirements of law before or at the time of permit issuance; or

(3) the ability of the department to obtain information from an owner or operator of a stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act).

(b) The small business assistance program shall, by regulation, meet the requ irements of 42 U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), including the requirement that a small business advocate be designated.

(c) Except as provided in AS 46.14.310 (b), the department shall provide assistance as described in (b) of this section to a requesting stationary source that is not a small business

concern as d efined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the legislature appropriates money from the general fund for this purpose.

Sec. 46.14.310. Power to limit small business assistance program.

(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program

established in AS 46.14.300 a category or subcategory of small business facilities that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter and federal law without the assistance provided under AS 46.14.300

- 46.14.320.

(b) Nothing in AS 46.14.300 (c) precludes the department from excluding a business facility or category of business facilities th at the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter without assistance from the department.

Sec. 46.14.320. Compliance advisory panel.2009 Alaska State Statutes relating to Air Quality 28 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) There is established in the department a compli ance advisory panel whose members shall serve staggered three

- year terms. A member may not serve more than two three

- year terms consecutively.

(b) The panel consists of

(1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent the general public;

(2) one member selected by the commissioner to represent the department; and

(3) four members who are owners or representatives of owners of small business facilities,

selected as follows:

(A) one shall be selected by the president of the senate and one shall be selected by the speaker of the house;

(B) if there are members of the senate who are not part of the majority caucus of the senate, the leader of the largest nonmajority group shall select a panel member; if all members of the senate are in the majority caucus, then the president of the senate shall select a second panel

member in addition to the selecti on authorized under (A) of this paragraph;

(C) if there are members of the house who are not part of the majority caucus of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel member in addition to the selection authorized under (A) of this paragraph.

(c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS

39.20.180

.

(d) The compliance advisory panel shall

(1) elect a chair and agree upon procedures by which the panel will function;

(2) meet annually and at the call of the chair and give public notice of panel meetings as required under AS 44.62.310

- 44.62.312;

(3) prepare advisory opinions concerning the effectiveness of the small bus iness assistance program, difficulties encountered in making the program efficient and effective, and degree of enforcement and severity of air pollution offenses;

(4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Ac t);2009 Alaska State Statutes relating to Air Quality 29 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) review information designed to assist small business facilities in complying with this chapter to ensure that the information is understandable by the public; and

(6) use the assistance of the small business advocate designated under AS 46.14.300 (b) in the development and dissemination of panel reports and advisory o pinions.

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air quality control program that operates in lieu of and is consistent with all or part of the department's air quality program as established under this chapter. A first or second class borough may administer an air quality control program approved by the department

under this subsection on an areawide b asis and is not subject to the restrictions for acquiring additional areawide powers specified in AS 29.35.300

- 29.35.350. A third class borough may administer a local air quality control program approved by the department under this subsection only in a service area formed under AS 29.35.490 (b) or (c).

(b) With the approval of the department, two or more municipalities or other entities may

crea te a local air quality district for the purpose of jointly administering a local air quality control program within the boundaries of the air quality district.

(c) If the department finds that the location, character, or extent of particular concentration s of population, air pollutant emissions units, the geographic, topographic, or meteorological considerations, or a combination of these factors make impracticable the maintenance of appropriate levels of air quality without an areawide air pollution contr ol program, the department may determine the boundaries within which a local air quality control program is necessary and direct that a local air quality control program spanning those boundaries is the only acceptable alternative to direct state administr ation.

(d) A municipality or a local air quality district seeking department approval for a local air quality control program shall enter into a cooperative agreement with the department that is designed to avoid unnecessary duplication of responsibilitie s. The cooperative agreement must include provisions specifying

(1) the respective duties and authority of the department and the municipality or local air quality district in the administration of the local air quality control program;

(2) the authority of the municipality or the local air quality district to employ staff to administer the local air quality control program;

(3) duties of staff employed under (2) of this subsection;2009 Alaska State Statutes relating to Air Quality 30 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (4) the procedures that must be followed by the municipality or local a ir quality district when requesting money from the clean air protection fund to cover the costs of implementing the municipality's or district's air quality program;

(5) the procedures that will be used by the department in approving a request under (4) o f this subsection and submitting it to the legislature for funding;

(6) respective enforcement responsibilities of the department and the municipality or the local air quality district;

(7) that if the municipality or local air quality control district s eeks authority to take action under (f) of this section, the municipality or local air quality control district will use procedures that are substantially equivalent to those required under AS 46.14.010 and 46.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under t his section shall administer its local air quality control program according to this chapter, regulations adopted under those sections, and its cooperative agreement under (d) of this section. A municipality or local air quality district's program may, upo n a finding by the local agency and an affirmative agreement by the department, establish a more stringent requirement than the stationary emissions unit permit program authorized under this chapter if public health or air quality effects provide a reasona ble basis to regulate the emissions unit with the additional or more stringent requirement and the municipality or district has used procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015 before establishing the more stringent requirement. This subsection does not prohibit a municipality or local a ir quality control district from establishing a mobile source emissions program more stringent than the state program without making findings of public health or air quality effects or using procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015. In this subsection,

"mobile source" does not include tank vessels or other watercraft.

(g) A determination, order, permit, or permit action issued under a local air quality control program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable another department or government entity to establish fee rates or collect fees under AS 46.14.240

or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section requires emissions inspection for a motor vehicle, emiss ion inspection may not be required more than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed under this section is guilty of a violation and, upon conviction, shall be fined an amount not to2009 Alaska State Statutes relating to Air Quality 31 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 e xceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control program under AS 46.1 4.400 and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out

its det ermination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.

(b) If, afte r the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a written finding setting out the nature of the deficiencies and a description of the neces sary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45 days after closure of the public hearing record. The departm ent shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding.

(c) If the municipality or local air quality district fails to take corrective action within th e time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partial ly remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air q uality district.

(d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or may be more efficien tly and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.2009 Alaska State Statutes relating to Air Quality 32 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the s ame air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source while at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissioner determines that another area with more stringent requirements r elating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the potential for air pollutants from the stationary

source to reach the othe r onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42

U.S.C. 7470

- 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by re gulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless oth erwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle.

(c) The depart ment shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a

motor vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law.

(d) If the department adopts regulations requiring the maintenance o f air pollution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards,2009 Alaska State Statutes relating to Air Quality 33 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 testing techniques, and instructions furnished by the department and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if requir ed by the department, must be presented to the Department of Administration before that department may register a motor vehicle.

(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, the department may not require th e vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions inspection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent

of the l egislature that money collected under this subsection be appropriated to control pollution

from motor vehicle emissions.

(g) In addition to the emission control inspection program fee imposed under AS 28.10.423

, the department or a municipality may impose a fee upon a vehicle required to be inspected under

a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitor ing program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS

46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner or op erator, enter upon or through any premises of a stationary source regulated under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sam ple any emissions that the owner and operator of the stationary source is required to sample.

(b) During an inspection under this section, the inspector shall comply with applicable health and safety standards.

Sec. 46.14.520. Confidentiality of trade sec rets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the own er and operator have certified under oath to the department or authorized local program that2009 Alaska State Statutes relating to Air Quality 34 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (1) public disclosure would tend to affect adversely the owner's and operator's competitive position; and

(2) the records, reports, or information, or parts of t he records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provide d in AS 46.14.520 , permits, permit applications, emissions and monitorin g reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipali ty or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter.

(b) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend federal aid for the control of air emissions or the development and adminis tration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds received by the department for the control of air emissions or the development or administration of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural r equirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and ma y impose other conditions the commissioner finds necessary and appropriate.2009 Alaska State Statutes relating to Air Quality 35 of 3 8

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is c onsidered to be acting in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.

Sec. 46 .14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the permittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoi dable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for no ncompliance with a technology

- based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requ irement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial

he alth, or safety.

Sec. 46.14.990. Definitions.2009 Alaska State Statutes relating to Air Quality 36 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a s tandard, other than an emission standard, adopted under AS 46.14.010 , 46 .14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or tempor arily stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the tr ade of transporting cargo; in this subparagraph, "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(5) "commissioner" means the commissioner of environm ental conservation;

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant exhibits, addendums, transmittal l etters, compliance schedules, administrative orders, emergency orders, and court orders;

(8) "department" means the Department of Environmental Conservation;

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used;

(12) "federal administrator" mea ns the administrator of the United States Environmental Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009].2009 Alaska State Statutes relating to Air Quality 37 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean Air Act, sec. 112(b));

(15) "local air qual ity control program" means a program authorized under AS 46.14.400 to imp lement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source o r physical change that meets the definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court ord ers;

(19) "operator" means a person or persons who direct, control, or supervise a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possess ory interest in a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencie s, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C.

7401

- 7671q (Clean Ai r Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated a ir pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, depending on the context in which the term is used;2009 Alaska State Statutes relating to Air Quality 38 of 38

Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (27) "tank vessel" means a waterborne ves sel, ship, or barge, whether or not self

- propelled, that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading

(A) cargo in sealed drums, barrels, or other packages; or

(B) petroleum or petroleum products solely as fuel for use on that vessel;

(28) "TPY" means tons per year.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air Quality Control Regulations, As amended through November 2

, 2010 (with register number)

.

See section 2.1 (b) for Lt. Governor’s filing memo dated November 9

, 20 10

.

Revision Table 20 10 , showing effective dates of individual sections of 18 AAC 50 and whether they are subject to SIP approval

.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through December 9, 2010

### IMPORTANT NOTE TO READER

THE REGULATIONS REPRODUCED HERE HAVE BEEN PROVIDED BY THE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PUBLIC

COURTESY. WHILE EVERY EFFORT HAS BEEN MADE TO ASSURE THE ACCURACY OF THE REPRODUCED VERSION, THE DEPARTMENT OF

ENVIRONMENTAL CONSERVATIO N CANNOT GUARANTEE ITS ABSOLUTE

ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED

WITH THE LIEUTENANT GOVERNOR ARE AVAILABLE FOR THE DEPARTMENT

OF ENVIRONMENTAL CONSERVATION.

THE REGULATIONS HAVE AN EFFECTIVE DATE OF DECEMBER 9, 2010, ARE IN REGISTER 196, AND WILL APPEAR IN OFFI CIAL PUBLISHED FORM IN THE

JANUARY 2011 SUPPLEMENT TO THE ALASKA ADMINISTRATIVE CODE.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

1 Chapter 50. Air Quality Control

.

Article 1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110) 2. Program Administration (18 AAC 50.200 - 18 AAC 50.260 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390) 4. User Fees (18 AAC 50.400 - 18 AAC 50.430) 5. Minor Permits (18 AAC 50.502 – 18 AAC 50.560) 6. (Reserved) 7. Conformity (18 AAC 50.700 - 18 AAC 50.735) 8. (Reserved) 9. General Provisions (18 AAC 50.900 - 18 AAC 50.990)

Editor's note: The regulations in this chapter, effective January 18, 1997, and distributed in Register 141, are a comprehensive reorganization and revision of the department's regulations dealing with air quality control. Except for the provisions of 18 AAC 50.110 and 18 AAC 50.700 - 18 AAC 50.735, they replace all previous regulations in this chapter that were repealed simultaneously with the adoption of these regulations. The history line at the end of each section does not reflect the history of th e replaced provisions before January 18, 1997. Thenumbering of sections is not related to the numbering before January 18, 1997. Previous amendments of this chapter are on file in the Offi ce of the Lieutenant Governor and are found at Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Re gister 84, 11/1/82; Register 88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126, 4/7/93; Register 127, 7/8/93; Re gister 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; Register 131, 8/5/94; Register 131, 8/10/94; and Register 133, 1/4/95.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

2 Article 1. Ambient Air Quality Management.

Section 05. Purpose and applicability of chapter 10. Ambient air quality standards 15. Air quality designations, classifications, and control regions

20. Baseline dates and maximum allowable increases 25. Visibility and other special protection areas 30. State air quality control plan 35. Documents, procedures, and methods adopted by reference 40. Federal standards adopted by reference

45. Prohibitions

50. Incinerator emission standards 52. (Repealed) 55. Industrial processes and fuel-burning equipment 60. Pulp mills 65. Open burning

70. Marine vessel visible emission standards 75. Wood-fired heating device visible emission standards 80. Ice fog standards 85. Volatile liquid storage tank emission standards 90. Volatile liquid loading racks and delivery tank emission standards 100. Nonroad engines 110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapter. (a) The purpose of this chapter is to identify, prevent, abate, and c ontrol air pollution in a manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act).

(b) The requirements of this chapter apply to any person who allows or causes air pollutants to be emitted into the ambient air. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of air pollutants in the ambient air, measured, determined, or predicted by an analytical method described in 18 AAC 50.035 or 18 AAC 50.215, are established as follows:

(1) for particulate matter, as follows:

(A) for PM-10: a 24-hour average of 150 micrograms per cubic meter, with this standard being attained when the expected number of days in a calendar year with a 24-hour average concentration above 150 micrograms per cubic meter is less than or equal to one day;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

3 (B) for PM 2.5:

(i) an annual arithmetic mean concentration of 15.0 micrograms per cubic meter, with this standard being attained when the three-year average of the annual arithmetic mean concentration is less than or equal to 15.0 micrograms per cubic meter; for purposes of this sub-paragraph, a figure must be rounded to the nearest .1 microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(a), adopted by reference in 18 AAC 50.035(b);

(ii) a 24-hour average concentration of 35 micrograms per cubic meter, with this standard being attained when the three-year average

of the annual 98 th percentile 24-hour concentration is less than or equal to 35 micrograms per cubic meter; for the purposes of the sub-paragraph, a figure must be rounded to the nearest one microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(b), adopted by reference in 18 AAC 50.035(b);

(2) for sulfur oxides, measured as sulfur dioxide:

(A) annual arithmetic mean of 80 micrograms per cubic meter;

(B) 24-hour average of 365 micrograms per cubic meter not to be exceeded more than once each year; and

(C) three-hour average of 1300 micrograms per cubic meter not to be exceeded more than once each year;

(3) for carbon monoxide:

(A) eight-hour average of 10 milligrams per cubic meter not to be exceeded more than once each year; and

(B) one-hour average of 40 milligrams per cubic meter not to be exceeded more than once each year;

(4) for ozone: a daily maximum eight-hour average of .075 parts per million, with this standard being attained when the thr ee-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to .075 parts per million;

(5) for nitrogen dioxide: annual arithmetic mean of 100 micrograms per cubic

meter; (6) for lead: an arithmetic mean concentration over a three-month period of .15 micrograms per cubic meter, with this standard being attained when the maximum arithmetic three-month mean concentration for a three-year period is less than or equal to .15 micrograms per cubic meter;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

4 (7) for reduced sulfur compounds, expressed as sulfur dioxide: 30-minute average of 50 micrograms per cubic meter not to be exceeded more than once each year; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive eight hours not to be exceeded more than once each year. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Regi ster 171; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

18 AAC 50.015. Air quality designations, classifications, and control regions. (a) To identify an area by its air quality, all geographic areas in the state are designated by the federal administrator as "attainment," "nonattainment," or "unclassifiable." An area is designated "attainment" for a particular air pollutant if its air quality meets the ambient air quality standard for that air pollutant. If air quality does not meet the ambient standard for a particular air pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or nonattainment for a particular air pollutant, the area is designated "unclassifiable" for that air pollutant.

(b) The following areas have been designated by the federal administrator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004

(2) for PM-10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage.

(3) for PM-2.5: Fairbanks and North Pole urban area.

(c) To establish standards for the prevention of significant deterioration of air quality, geographic areas in the state are

(1) divided into four "air quality control regions" as follows:

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

(C) South Central Alaska Intrastate Air Quality Control Region; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

5 (D) Southeast Alaska Intrastate Air Quality Control Region; and

(2) classified as shown in Table 1 in this subsection for each air pollutant for which the area is designated "unclassifiable" or "attainment."Register 196, January 2011 ENVIRONMENTAL CONSERVATION

6 Table 1. Air Quality Classifications

Classification Geographic Area

Class I areas Denali National Park including the Denali Wilderness but excluding the Denali

National Preserve

Bering Sea National Wildlife Refuge designated as a National Wilderness Area

Simeonof National Wildlife Refuge designated as a National Wilderness Area

Tuxedni National Wildlife Refuge designated as a National Wilderness Area

Class II areas All other geographic areas in Alaska not

classified as Class I or Class III

Class III areas No areas in Alaska

(d) The following areas are subject to maintenance plan requirements for carbon monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as part of the state air quality control plan:

(1) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area. (Eff. 1/18/97, Register 141; am 2/20/2004, Register 169; am 6/24/2004, Regist er 170; am 10/10/2004, Register 171; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : The nonattainment area and maintenance boundaries, the air quality control region boundaries, and the Class I area boundaries are depicted on maps in the state air quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003.

As of Register 154, July 2000, the regulations attorney made a technical revision under AS 44.62.125(b)(6) in Table 1 at 18 AAC 50.015(c)(2).

18 AAC 50.020. Baseline dates and maximum allowable increases . (a) In an area designated nonattainment in 18 AAC 50.015(b), the provi sions of this section do not apply to the nonattainment air pollutant. However, this section does apply to all other air pollutants listed in

Table 2 in this subsection.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

7 Table 2. Baseline Dates

Air Quality Control Region Air Pollutant Baseline Date

Cook Inlet Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

Northern Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

South Central Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

Southeast Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986

PM-10 The earliest date upon which the department declares complete an application for afacility or modification that includes information required under 18 AAC 50.306 and

shows an increase in actual PM-10 emissions equal to or exceeding 15 tons per

year.

(b) To establish standards for the prevention of significant deterioration of air quality,

(1) baseline dates for determining the ambient concentration of certain air pollutants are established for each air quality control region listed in Table 2 in (a) of this section;

(2) in areas designated as Class I, II, or III, increases in air pollutant

concentration over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection; (3) for any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location; and

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a method described in 18 AAC 50.215.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

8 Table 3. Maximum Allowable Increases

Classification of area in 18 AAC 50.015(c)

Table 1 Air Pollutant Maximum allowable increase (micrograms per cubic meter)

CLASS I PM-10:

Annual arithmetic mean ...........................

24-hour maximum .................................... .................. 4

.................. 8

Sulfur dioxide:

Annual arithmetic mean ...........................

24-hour maximum ....................................

3-hour maximum ...................................... .................. 2

.................. 5

................. 25

Nitrogen dioxide:

Annual arithmetic mean ........................... .................2.5

CLASS II PM-10:

Annual arithmetic mean ...........................

24-hour maximum .................................... ................. 17

................. 30

Sulfur dioxide:

Annual arithmetic mean ...........................

24-hour maximum ....................................

3-hour maximum ...................................... ................. 20

................. 91

................ 512

Nitrogen dioxide:

Annual arithmetic mean ........................... ................. 25

CLASS III PM-10:

Annual arithmetic mean ...........................

24-hour maximum .................................... ................. 34

................. 60

Sulfur dioxide:

Annual arithmetic mean ...........................

24-hour maximum ....................................

3-hour maximum ...................................... ................. 40

................ 182

................ 700

Nitrogen dioxide:

Annual arithmetic mean ........................... ................. 50

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this section, the baseline concentration of an air pollutant is

determined as follows:Register 196, January 2011 ENVIRONMENTAL CONSERVATION

9 (1) for PM-10 and sulfur dioxide, the baseline concentration is the ambient concentration of the air pollutant on the applicable baseline date, plus the contribution from allowable emissions of a PSD major stationary source for which construction commenced before January 6, 1975, but that was not in operation by the baseline date; however, the baseline

concentration does not include actual emissions from a PSD major stationary source or a PSD major modification for which construction commenced on or after January 6, 1975; and

(2) for nitrogen dioxide, the baseline concentration is the ambient concentration of the air pollutant on the applicable baseline date, plus the contribution from allowable emissions of a PSD major stationary source for which construction commenced before February 8, 1988, but that was not in operation by the baseline date.

(f) In this section, “commence” has the meaning given in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040. (Eff. 1/18/97, Regi ster 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.025. Visibility and other special protection areas. (a) Visibility special protection areas are established to prevent impairment of visibility. The following areas are designated visibility special protection areas:

(1) Mt. Deborah and the Alaska Range East, as viewed from approximately the Savage River Campground area;

(2) Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed from the vicinity of Wonder Lake; and

(3) geographic areas classified as Class I areas under 18 AAC 50.015(c).

(b) A wood smoke control area is a geographic location where a wood-burning activity has resulted in two or more discontinuous 24-hour periods when the ambient exposures of PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of air. The Mendenhall Valley area of Juneau is designated a wood smoke control area.

(c) Special protection areas for sulfur dioxide are established to prevent the violation of the ambient air quality standard and maximum allowable ambient concentration for sulfur dioxide. The following areas are designated as special protection areas for sulfur dioxide:

(1) in the Unalaska area, the land and water areas within a 3.4-mile radius of the

intersection of 53  53' 4" N latitude and 166  32' 11" W longitude; and

(2) in the St. Paul Island area, the land and water areas south of UTM Northing 6333.00 kilometers (57  8' 29" N latitude) and within 0.6 kilometers of St. Paul Island. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030Register 196, January 2011 ENVIRONMENTAL CONSERVATION

10 Editor's note : Complete descriptions of the special protection areas designated in this section, including maps, are provided in the state air quality control plan adopted by reference in

18 AAC 50.030.

18 AAC 50.030. State Air Quality Control Plan. Volumes II and III of the State Air Quality Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, as amended through August 20, 2010, are adopted by reference. The plan includes the following documents which are also adopted by reference:

(1) the department's Alaska Air Quality Small Business Assistance Program

, April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008- 28,sec. 2;

(3) except as provided in 18 AAC 50.090(b), the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , as amended through December 10, 1992;

(4) the department's Alaska Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program , as amended through February 23, 2010;

(5) Repealed 6/21/98.

(6) Protocol for Determining the Best Performing Model , EPA-454/R-92-025, December 1992;

(7) Interim Procedures for Evaluating Air Quality Models (Revised)

, EPA-450/4-84-023, September 1984;

(8) Source Test Report Outline , as amended through November 1984;

(9) the department’s Performance Audits for COMS , revised as of August 20, 2008; (10) the department’s Minor Permit Application Forms , dated August 30, 2004.

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 9/4/98, Register 147; am 1/1/2000; Register 152; am 12/30/2000; Re gister 156; am 9/21/2001, Register 159; am 1/27/2002, Register 161; am 3/27/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Re gister 186; am 7/25/2008, Register 187; am, 11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010, Register 193; am 10/29/2010, Register 196) Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140Register 196, January 2011 ENVIRONMENTAL CONSERVATION

11 Editor's note : The State Air Quality Control Plan and the other documents adopted by reference in 18 AAC 50.030 may be reviewed at the department's Anchorage, Fairbanks, or

Juneau office and are on file with the Office of the Lieutenant Governor.

18 AAC 50.035. Documents, procedures, and methods adopted by reference . (a) The following documents are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska

, Revision 1, revised August 2008;

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), EPA 454/R-92-023, October 1992;

(3) the United States Environmental Protection Agency's (EPA) publication AP42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area

Sources , Fifth Edition with Supplements A – F and annual updates, as updated through December 2007;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications

, EPA - 454/R-99-005, February 2000;

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration (PSD) , EPA-450/4-87-007, May 1987;

(6) the department’s Summary Prepared by the Department of Environmental Conservation of Coastal Area Boundaries Appro ved by the Coastal Policy Council (CPC) for Coastal Resource Districts Excluded from the Portable Oil and Gas Operation Permit by Rule (18 AAC 50.390), as revised as of November 19, 2001;

(7) SCREEN3 Model User’s Guide, EPA 454/B-95-004, dated September 1995;

and

(8) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, EPA-454/R-92-019, dated October 1992.

(b) The following procedures and methods set out in 40 C.F.R., revised as of July 1, 2009, are adopted by reference:

(1) 40 C.F.R. Part 50, Appendices A, D, F, G, J, K, L, N, P, Q, and R;

(2) 40 C.F.R. Part 51, Appendix M;

(3) 40 C.F.R. Part 58, Appendix B; (4) the following test methods as they apply to 40 C.F.R. 63.11(b)(6):

(A) ASTM D1946-90(1994)e1, Standard Practice for Analysis ofRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

12 Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter.

(c) This subsection adopts the methods and procedures listed in this subsection for use by the department in permits for compliance monitoring. Nothing in this subsection is intended to limit the department’s discretion to require in a permit issued under this chapter compliance with the requirements of other methods or procedures on a case by case basis. The following methods and procedures are adopted by reference:

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), approved January 10, 2000;

(2) ASTM D 1266-98, Standard Test Method for Sulfur in Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products (High Temperature Method), approved August 15, 1995;

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescen ce Spectometry, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X- Ray Fluorescence Spectroscopy, approved April 10, 1998; (6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Hydrogenolysis and Ra teometric Colorimetry, approved January 10, 1999; (7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate Analysis of Coal and Coke, approved September 29, 1989;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing the Sieve Analysis of Coal and Designa ting Coal Size, approved November 27, 1987;

(10) ASTM D 1140-97, Standard Test Me thod for Amount of Material in Soils Finer Than the No. 200 Sieve, approved May 10, 1997;

(11) ASTM D 422-63 (Reapproved 1998), St andard Test Method for ParticleSize Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection, approved April 10, 1996;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

13 (13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998;

(14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988;

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performa nce Specifications, approved February 10, 1998;

(17) ASTM D 4239-00 Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature T ube Furnace Combustion Methods, approved April 10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

Editor's note : The documents, procedures, and methods adopted by reference in 18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of the EPA publication AP-42 referred to in this section, contact EPA's InfoCHIEF information line at (919) 541-5285.

For information on how to obtain a copy of the ASTM documents referred to in 18 AAC 50.035, contact the American Society for Te sting and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, We st Conshohocken, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.

18 AAC 50.040. Federal standards adopted by reference. (a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), as revised as of October 8, 2009, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of Information);

(2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971);

(B) Subpart Da (Standards of Performance for Electric Utility SteamRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

14 Generating Units for Which Construction is Commenced After September 18, 1978);

(C) Subpart Db (Standards of Performance for Industrial – Commercial - Institutional Steam Generating Units);

(D) Subpart Dc (Standards of Performance for Small Industrial – Commercial - Institutional Steam Generating Units);

(E) Subpart E (Standards of Performance for Incinerators);

(F) Subparts Ea and Eb (Standards of Performance for Municipal Waste Combustors);

(G) Subpart Ec (Standards of Performance for Hospital, Medical, and Infectious Waste Incinerators;

(H) Subpart F (Standards of Performance for Portland Cement Plants);

(I) Subpart I (Standards of Performance for Hot Mix Asphalt Facilities);

(J) Subpart J (Standards of Performance for Petroleum Refineries);

(K) Subpart K (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984);

(N) Subpart L (Standards of Performance for Secondary Lead Smelters);

(O) Subpart N (Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973);

(P) Subpart Na (Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983);

(Q) Subpart O (Standards of Performance for Sewage Treatment Plants);

(R) Subpart Q (Standards of Performance for Primary Zinc Smelters);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

15 (S) Subpart R (Standards of Performance for Primary Lead Smelters);

(T) Subpart Y (Standards of Performance for Coal Preparation Plants);

(U) Subpart DD (Standards of Performance for Grain Elevators);

(V) Subpart GG (Standards of Performance for Stationary Gas Turbines);

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants); (X) Subpart LL (Standards of Performance for Metallic Mineral Processing Plants); (Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry);

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals); (BB) Subpart GGG (Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries);

(CC) Subpart JJJ (Standards of Performance for Petroleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants);

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas Processing: SO 2 Emissions);

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral Processing Plants);

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems);

(HH) Subpart UUU (Standards of Performance for Calciners and Dryers in Mineral Industries); (II) Subpart WWW (Standards of Performance for Municipal Solid Waste Landfills);

(JJ) Subpart CCCC (Standards of Performance for Commercial and

Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

16 (KK) the provisions of Subpart AAA (Standards of Performance for New Residential Wood Heaters), except that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the permanent label required by 40 C.F.R. 60.536;

(LL) Subpart DDDD (Emissions Guidelines and Compliance Times for

Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or before November 30, 1999);

(MM) Subpart EEEE (Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006);

(NN) Subpart FFFF (Emission Guidelines and Compliance Times for

Other Solid Waste Incineration Units That Commenced Construction on or Before December 9, 2004);

(OO) Subpart IIII (Standards of Performance for Stationary Compression Ignition Internal Combustion Engines);

(PP) Subpart JJJJ (Standards of Performance for Stationary Spark Ignition Internal Combustion Engines);

(QQ) Subpart KKKK (Standards of Performance for Stationary Combustion Turbines);

(3) the provisions of Appendices A - F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of July 1, 2009, are adopted by reference as they apply

to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 61.16 (Availability of Information);

(2) the following subparts:

(A) Subpart E (National Emission Standard for Mercury);

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene);

(C) Subpart V (National Emission Standard for Equipment Leaks (Fugitive Emission Sources));

(D) Subpart Y (National Emission Standard for Benzene Emissions fromRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

17 Benzene Storage Vessels); and

(E) Subpart FF (National Emission Standard for Benzene Waste Operations); (F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 and, as they apply to activities subject to 40 C.F.R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operations);

(3) 40 C.F.R. 61.154;

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), as revised as of July 30, 2010, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 63.5(e)(2) – (f)

(2) Subpart B (Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), except that

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not adopted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutantmajor source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA administrator has failed to promulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

(3) Subpart D (Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants);

(4) Subpart M (National Perchloroethlyene Air Emission Standards for Dry Cleaning Facilities);

(5) Subpart N (Chromium Electroplating and Anodizing);

(6) Subpart Q (Industrial Process Cooling Towers);

(7) Subpart R (Gasoline Distribution Facilities: Bulk Gasoline Terminals and Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

18 (9) Subpart Y (Marine Tank Vessel Loading Operations);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off-Site Waste and Recovery Operations);

(12) Subpart GG (Aerospace Manufacturing and Rework Facilities);

(13) Subpart HH (Oil and Natural Gas Production Facilities;

(14) Subpart II (Shipbuilding and Ship Repair);

(15) Subpart JJ (Wood Furniture Manufacturing);

(16) Subpart KK (Printing and Publishing Industry);

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (Portland Cement Plants);

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units)

(20) Subpart AAAA (Municipal Solid Waste Landfills);

(21) Subpart EEEE (Organic Liquids Distribution (Non-Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines);

(23) Subpart ZZZZ (Stationary Reciprocating Internal Combustion Engines);

(24) Subpart GGGGG (Site Remediation);

(25) Subpart PPPPP (Engine Test Cells, Stands);

(26) Subpart LLLLLL (Acrylic and Modacr ylic Fibers Production Area Sources);

(27) Subpart MMMMMM (Carbon Black Production Area Sources);

(28) Subpart NNNNNN (Chemical Manufacturing Area Sources: Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyuret hane Foam Production and Fabrication Area Sources);

(30) Subpart PPPPPP (Lead Acid Battery Manufacturing Area Sources);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

19 (31) Subpart QQQQQQ (Wood Preserving Area Sources);

(32) Appendix A (Test Methods);

(33) Appendix B (Sources Define d for Early Reduction Provisions);

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities); (35) Subpart CCCCCC (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities).

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2009, are adopted by reference to the extent that they apply to a Title V source.

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.96, as revised as of July 1, 2009, as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models (Revised)), as revised as of July 1, 2009, are adopted by reference.

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), as revised as of July 1, 2009, are adopted by

reference: (1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste Combustors Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since May 30, 1991);

(3) Subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before June 20, 1996);

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before November 30, 1999);

(5) Subpart JJJ (Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999).

(h) The following provisions of 40 C.F.R. 51.166 (Prevention of Significant Deterioration of Air Quality) and 40 C.F.R. Part 52 (Approval and Promulgation of Implementation Plans, as revised as of August 2, 2010, are adopted by reference:

(1) 40 C.F.R. 51.166(f) (Exclusions from Increment Consumption;

(2) 40 C.F.R. 51.166(q)(2) (Public Participation);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

20 (3) 40 C.F.R. 52.21(a)(2) (Applicability Procedures);

(4) 40 C.F.R. 52.21(b) (Definitions), except as follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990 and 18 AAC 50.990:

(i) 40 C.F.R. 52.21(b)(1) (“major stationary source”);

(ii) 40 C.F.R. 52.21(b)(2) (“major modification”);

(B) the following provisions are not adopted, and the terms defined in those provisions have the meanings give in AS 46.14.990:

(i) 40 C.F.R. 52.21(b)(4) (“potential to emit”);

(ii) 40 C.F.R. 52.21(b)(5) (“stationary source”);

(iii) 40 C.F.R. 52.21(b)(6) (“building, structure, facility, or installation”);

(iv) 40 C.F.R. 52.21(b)(7) (“emissions unit”);

(v) 40 C.F.R. 52.21(b)(8) (“construction”);

(vi) 40 C.F.R. 52.21(b)(20) (“fugitive emissions”); (C) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in 18 AAC 50.990;

(i) 40 C.F.R. 52.21(b)(50) (“regulated NSR pollutant”);

(ii) 40 C.F.R. 52.21(b)(51) (“reviewing authority”);

(5) 40 C.F.R. 52.21(d) (Ambient Air Ceilings);

(6) 40 C.F.R. 52.21(h) (Stack Heights);

(7) 40 C.F.R. 52.21(i) (Exemptions);

(8) 40 C.F.R. 52.21(j) (Control Technology Review);

(9) 40 C.F.R. 52.21(k) (Source Impact Analysis);

(10) 40 C.F.R. 52.21( l ) (Air Quality Models);

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

21 (12) 40 C.F.R. 52.21(n) (Source Information);

(13) 40 C.F.R. 52.21(o) (Additional Impact Analyses);

(14) 40 C.F.R. 52.21(p) (Sources Impacting Federal Class I Areas);

(15) 40 C.F.R. 52.21(r) (Source Obligation);

(16) 40 C.F.R. 52.21(v) (Innovative Control Technology);

(17) repealed 7/25/2008;

(18) repealed 7/25/2008;

(19) repealed 7/25/2008;

(20) 40 C.F.R. 52.21(aa) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 52.21(aa)(12)(ii)( a ) are also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel; (B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the

combustion of fuel.

(21) 40 C.F.R. 52.22 (Enforceable Commitments for Further Actions Addressing the Pollutant Greenhouse Gases (GHGs)).

(i) From the following provisions of 40 C. F.R. 51.165 (Permit Requirements), as revised as of July 1, 2009, text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:

(1) 40 C.F.R. 51.165(a)(1) (Definitions), except as follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990:

(i) 40 C.F.R. 51.165(a)(1)(i) (“stationary source”);

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, structure, facility, or installation”);

(iii) 40 C.F.R. 51.165(a)(1)(iii) (“potential to emit”);

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit”);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

22 (v) 40 C.F.R. 51.165(a)(1)(ix) (“fugitive emissions”);

(vi) 40 C.F.R. 51.165(a)(1)(xviii) (“construction”);

(B) the following provisions are not adopted, and the terms defined in those provisions have the meaning given in 18 AAC 50.990:

(i) 40 C.F.R. 51.165(a)(1)(xxxvii) (“regulated NSR pollutant”);

(ii) 40 C.F.R. 51.165(a)(1)(xxxviii) (“reviewing authority”);

(2) 40 C.F.R. 51.165(a)(2)(ii) (Major Modifications);

(3) 40 C.F.R. 51.165(a)(3) (Offset Credits);

(4) 40 C.F.R. 51.165(a)(4) (Fugitive Emissions);

(5) 40 C.F.R. 51.165(a)(5) (Source Obligations);

(6) 40 C.F.R. 51.165(a)(6) (Projected Actual Emissions);

(7) repealed 7/25/2008;

(8) repealed 7/25/2008;

(9) repealed 7/25/2008;

(10) 40 C.F.R. 51.165(f) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 51.165(f)(12)(ii)(A) are also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 51.165(f)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the

combustion of fuel.

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of August 2, 2010, are adopted by reference, except as provided in 18 AAC 50.326:

(1) 40 C.F.R. 71.2 (Definitions);

(2) 40 C.F.R. 71.3 (Sources Subject to Permitting Requirements);

(3) 40 C.F.R. 71.5(a) - (c) (Permit Applications);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

23 (4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and Revisions); (6) 40 C.F.R. 71.8 (Affected State Review);

(7) 40 C.F.R. 71.10(d) (Delegation);

(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public Participation, and Administrative Review).

(9) 40 C.F.R. 71.13 (Enforceable Commitments for Further Actions Addressing Greenhouse Gases (GHGs)). (Eff. 1/18/97, Regist er 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Re gister 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

Editor's note : The federal standards adopted by reference in 18 AAC 50.040 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emission standard that is not at a stationary source subject to a Title V permit should contact the United States Environmental Protection Agency.

18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air to comply with this chapter, except that dilution air may be used at a sulfur recovery plant with a maximum production rate of 20 long tons per day or less to comply with the 500 ppm sulfur dioxide requirement of 18 AAC 50.055(c).

(b) A person who owns or operates a stationary source that emits an air pollutant subject to this chapter shall ensure that the stationary source complies with this chapter and any other applicable local, state, or federal law.

(c) A person may not construct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or that will interfere with the attainment or maintenance of ambient air quality standards.

(d) A person who causes or permits bulk materials to be handled, transported, or stored, or who engages in an industrial activity or construction project shall take reasonable precautions to prevent particulate matter from being emitted into the ambient air.

(e) Dispersion techniques may not be used to comply with this chapter, except forRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

24 compliance with 18 AAC 50.110.

(f) Subject to (g) of this section, as used in this section, "dispersion technique" means a technique that attempts to reduce the concentration of an air pollutant in the ambient air by

(1) using that portion of a stack that exceeds good engineering practice stack height; (2) varying the emissions rate of an air pollutant according to atmospheric conditions or ambient concentrations of that air pollutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process parameter, exhaust gas parameter, or stack parameter;

(B) combining exhaust gases from several existing stacks into one stack;

or (C) other selective handling of exhaust gas streams.

(g) The following are not dispersion techniques for purposes of this section:

(1) reheating a gas stream to its original discharge temperature after use of an emission control system;

(2) combining the exhaust gases from several stacks into one stack if the stationary source was originally designed and constructed with combined exhaust streams;

(3) combining the exhaust gases from several stacks into one stack, if done when an emission control system is installed and results in a net reduction in the allowable emissions of the controlled air pollutant; or

(4) any technique that increases the exhaust gas plume rise if the allowable emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust effluent of an incinerator, including an air cu rtain incinerator, may not be reduced by visible emissions, excluding condensed water vapor, by more than 20 percent averaged over any six

consecutive minutes.

(b) Particulate matter emissions from an incinerator may not exceed the particulate

matter standard listed for that incinerator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for IncineratorsRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

25 Incinerator Particulate Matter Standard

Rated capacity less than 1,000 pounds per hour No limit

Rated capacity greater than or equal to 1,000 but less than 2,000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide and standard conditions, averaged over

three hours

Rated capacity greater than or equal to 2,000 pounds per hour 0.08 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide and standard conditions, averaged over

three hours

An incinerator that burns waste containing more than 10 percent wastewater treatment plant sludgeby dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 0.65 grams per kilogram of dry sludge input

(Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.052. Emission standards for certain municipal solid waste landfills. Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible emissions, excluding condensed water vapor, fr om an industrial process or fuel-burning equipment may not reduce visibility through the exhaust effluent by

(1) more than 20 percent averaged over any six consecutive minutes, except as provided in (2) - (9) of this subsection;

(2) more than 30 percent averaged over any six consecutive minutes for fuelburning equipment in operation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(3) more than 55 percent for a urea prilling tower in operation before July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on adaily 24-hour average of five-second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance Specification Number 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040;

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt plant constructed or modified after June 11, 1973;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

26 (5) 20 percent or greater averaged over any six consecutive minutes for process emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or modified after November 1, 1982;

(6) 10 percent or greater averaged over any six consecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982;

(7) 10 percent or greater averaged over any six consecutive minutes for process emissions, other than from a kiln, at a portland cement plant constructed or modified after November 1, 1982;

(8) 20 percent or greater averaged over any six consecutive minutes for a kiln constructed or modified at a portland cement plant after November 1, 1982; and

(9) more than 20 percent for more than three minutes in any one hour for a coal burning boiler that began operation before August 17, 1971, except for an additional three minutes in any one hour if

(A) the visible emissions are caused by startup, shutdown, soot-blowing, grate cleaning, or other routine maintenance activities specified in an operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors visible emissions by continuous opacity monitoring instrumentation that

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; and (ii) completes one cycle of sampling and analyzing for each successive 15-second period;

(C) the owner or operator of the boiler provides the department with a demonstration that the particulate matter emissions from the boiler allowed by this opacity limit will not cause or contribute to a violation of the ambient air quality standards for PM-10 in 18 AAC 50.010, or to cause the maximum allowable increases for PM-10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationary source-specific revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity limit otherwise applicable under

this section.

(b) Particulate matter emitted from an industrial process or fuel-burning equipment may not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged over three hours,

(1) 0.05 grains, except as provided in (2) - (6) of this subsection, (d) - (f) of thisRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

27 section, and 18 AAC 50.060;

(2) 0.1 grains for a steam generating plant fueled by

(A) coal, and in operation before July 1, 1972;

(B) coal, and rated less than 250 million Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in operation before July 1, 1972, except as provided in (6) of this subsection;

(4) 0.15 grains for fuel-burning equipment in operation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(5) 0.04 grains for an asphalt plant constructed or modified after June 11, 1973;

or (6) 0.04 grains for a urea prilling tower.

(c) Sulfur-compound emissions, expressed as sulfur dioxide, from an industrial process or from fuel-burning equipment may not exceed 500 ppm averaged over a period of three hours, except as provided in (d) - (f) of this section and 18 AAC 50.060.

(d) At a petroleum refinery, emissions from the following sources, constructed or modified after November 1, 1982, may not exceed the following:

(1) for a catalytic cracking unit catalyst regenerator (A) 1.0 kilogram of particulate matter per 1,000 kilograms of coke burnoff;

(B) 43.0 additional grams of particulate matter per million joules supplemental heat attributable to fuels burned in a catalyst regenerator waste heat boiler; and

(C) 500 ppm carbon monoxide by volume of exhaust gas;

(2) for a sulfur recovery plant rated at more than 20 long tons per day

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or

(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air pollutants are not oxidized before release to the atmosphere; and

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over three hours, equal to whichever of the following is applicable:

(A) for equipment burning only fuel gas, the concentration of uncon-Register 196, January 2011 ENVIRONMENTAL CONSERVATION

28 trolled emissions that would result from burning fuel gas containing 230 milligrams hydrogen sulfide per dry standard cubic meter;

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm;

(C) for fuel-burning equipment that burns a combination of fuel gas andother fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the equipment.

(e) At a coal preparation plant, emissions from the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter of exhaust gas at standard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per cubic meter of exhaust gas at standard conditions.

(f) At a portland cement plant, emissions from the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms of feed on a dry basis to the kiln; and

(2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on a dry basis.

(g) Release of materials other than process emissions, products of combustion, or materials introduced to control pollutant emissions from a stack at a stationary source constructed or modified after November 1, 1982, is prohibited, except as authorized by a construction permit, Title V permit, or air quality control permit issued before October 1, 2004. (Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.060. Pulp mills. Average emissions per ton of air dried pulp produced from a sulfite pulp mill may not exceed, in any 24-hour period,

(1) 20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow pits, washer vents, storage tanks, digester re lief systems, and recovery systems; and

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks,Register 196, January 2011 ENVIRONMENTAL CONSERVATION

29 digester relief systems, and recovery systems. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.065. Open burning. (a) General Requirements. Except when conducting open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply with the limitations of (b) - (f) of this section and shall ensure that

(1) the material is kept as dry as possible through the use of a cover or dry

storage;

(2) before igniting the burn, noncombustibles are separated to the greatest extent practicable;

(3) natural or artificially induced draft is present;

(4) to the greatest extent practicable, combustibles are separated from grass or peat layer; and

(5) combustibles are not allowed to smolder.

(b) Black Smoke Prohibited . Except for firefighter training conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other mate rials in a way that gives off black smoke is prohibited without written department approval. Department approval of open burning as an oil spill response countermeasure is subject to the department's In Situ Burning Guidelines for

Alaska , adopted by reference in 18 AAC 50.035. Open burning approved under this subsection is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced during oil or gas well flow tests may occur only when there are no practical means available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable manner;

(2) the person who conducts open burning shall establish reasonable procedures to minimize adverse environmental effects and limit the amount of smoke generated; and

(3) the department will, in its discretion, as a condition of approval issued under this subsection, require public notice as described in (j) of this section.

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or aci dic gases or particulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect onRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

30 nearby persons or property.

(e) Air Quality Advisory . Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in that area for that day. This advisory will be based on a determination that there is or is likely to be inadequate air ventilation to maintain the standards set by 18 AAC 50.010. The department will make reasonable efforts to ensure that the advisory is broadcast on local radio or television.

(f) Wood Smoke Control Areas . Open burning is prohibited between November 1 and March 31 in a wood smoke control area identified in 18 AAC 50.025(b).

(g) Controlled Burning . Controlled burning to manage forest land, vegetative cover, fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written department approval if the area to be burned exceeds 40 acres yearly. The department will, in its discretion, require public notice as described in (j) of this section.

(h) Firefighter Training: Structures . A fire service may open burn structures for firefighter training without ensuring maximu m combustion efficiency under the following

circumstances:

(1) before igniting the structure, the fire service shall

(A) obtain department approval for the location of the proposed firefighter training; approval will be ba sed on whether the proposed open burning is likely to adversely affect public health in the neighborhood of the structure;

(B) visually identify materials in the structure that might contain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, pesticides, paints, glues, sealers, tars, solvents, household cleaners, or photographic reagents;

(iv) stored linoleum, plastics, rubber, tires, or insulated wire;

(v) hazardous waste;

(vi) lead piping;

(vii) plastic piping with an outside diameter of four inches or

more; or (viii) urethane or another plastic foam insulation;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

31 (D) provide public notice consistent with (j) of this section; and

(E) ensure that a fire-service representative is on-site before igniting the

structure;

(2) the fire service shall ignite and conduct training on only one main structure and any number of associated smaller structures at a time; examples of associated smaller structures are garages, sheds, and other outbuildings; and

(3) the fire service shall respond to complaints in accordance with (k) of this

section.

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefighter training w ithout ensuring maximum combustion efficiency. To conduct this training without prior written department approval, the fire service shall

(1) provide public notice consistent with (j) of this section before burning more than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and

(2) respond to complaints in accordance with (k) of this section.

(j) Public Notice . A person required to provide public notice of open burning shall issue the notice through local news media or by other appropriate means if the area of the open burning does not have local news media. The public notice must be issued as directed by the department and must (1) state the name of the person conducting the burn;

(2) provide a list of material to be burned;

(3) provide a telephone number to contact the person conducting the burn before and during the burn;

(4) for a surprise fire drill, state

(A) the address or location of the training; and

(B) the beginning and ending dates of the period during which a surprise fire drill may be conducted (this period may not exceed 30 days); and

(5) for open burning other than a surprise fire drill, state the expected time, date, and location of the open burning.

(k) Complaints . A person required to provide public notice of open burning shall

(1) make a reasonable effort to respond to complaints received about the burn;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

32 (2) keep, for at least 30 days, a record of all complaints received about the burn, including to the extent feasible

(A) the name, address, and telephone number of each person who complained;

(B) a short summary of each complaint; and

(C) any action the person conducting the open burning took to respond to each complaint; and

(3) upon request, provide the department with a copy of the records kept under (2) of this subsection. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 AS 46.03.710 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

18 AAC 50.070. Marine vessel visible emission standards. Within three miles of the Alaska coastline, visible emissions, excluding condensed water vapor, may not reduce visibility through the exhaust effluent of a marine vessel by more than 20 percent except as follows:

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for periods aggregating no more than

(A) three minutes in any one hour; and

(B) an additional three minutes during initial startup of a vessel; for purposes of this subparagraph, "initial startup" includes the period during which a vessel is testing equipment in preparation to casting off or weighing anchor;

(2) during the hour immediately after weighing anchor or casting off, visibility may be reduced under one, but not both, of the following options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour;

(3) during the hour immediately before the completion of all maneuvers to anchor or make fast to the shore, visibility may be reduced under one, but not both, of the following options: (A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

33 (4) at any time not covered by (1) - (3) of this section, visibility may be reduced by up to 100 percent for periods aggregating no more than three minutes in any one hour. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

18 AAC 50.075. Wood-fired heating device vi sible emission standards. (a) A person may not operate a wood-fired heating device in a manner that causes

(1) black smoke; or

(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245.

(b) A person may not operate a wood-fired heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a provision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030.

(Eff. 1/18/97, Register 141; am 5/6/2009, Register 190)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate an industrial process, fuel-burning equipment, or incinerator in an area of potential ice fog to obtain a permit and to reduce water emissions. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

18 AAC 50.085. Volatile liquid storage tank emission standards. (a) The owner, operator, or permittee of a volatile liquid storage tank located in the Port of Anchorage that has a volume of 9,000 barrels (378,000 gallons) or more shall reduce organic vapors emitted to the atmosphere by using

(1) an internal floating roof installed before June 1, 1992;

(2) an internal floating roof that meets the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

34 (3) a closed vent system and control device that collects and reduces organic vapors emitted to the atmosphere by at least 95 percent (six-hour average), as specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030; or

(4) a system that the department determines is as effective as those described in(2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsection.

(b) The owner, operator, or permittee of a volatile liquid storage tank with an internal floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after June 1, 1995 that the tank is emptied and degassed.

(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1) - (4) of this section, shall, no later than the first time on or after June 1, 1995 that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing conservation vents on the tank as specified in the document referred to in (a)(3) of this

section.

(d) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the document referred to in (a)(3) of this section to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all inspections and repairs; and

(4) keep records of those inspections and repairs for at least five years. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor's note : A complete description of the Port of Anchorage is in the state air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.090. Volatile liquid loading racks a nd delivery tank emission standards. (a) The owner, operator, or permittee of a stationary source that is located in the Port ofRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

35 Anchorage and that has a volatile liquid loading rack with a design throughput of 15 million gallons (357,143 barrels) or more per year shall reduce organic vapors emitted to the atmosphere by (1) operating a vapor collection system and liquid product loading equipment that

(A) loads volatile liquid through the bottom of the delivery tank or through a submerged loading arm that extends to within six inches of the bottom of the delivery tank;

(B) collects all organic vapors displaced during the loading of vaporladen delivery tanks;

(C) prevents any organic vapors collected at one delivery tank loading position from passing to another delivery tank loading position;

(D) processes the vapors collected under (B) of this paragraph with

(i) a control device that emits no more than 10 milligrams of organic vapors per liter of volatile liquid loaded (six-hour average); or

(ii) a system that the department determines is as effective as the control device described in (i) of this subparagraph; in making a determinationunder this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030;

(E) prevents the gauge pressure in any delivery tank connected to the vapor collection system from exceeding 18 inches of water; and

(F) does not contain a pressure relief valve designed to open at a gauge pressure of less than 18 inches of water, except that for a system using vapor balancing to a storage tank, a pressure relief valve on the storage tank or on any portion of the vapor collection system between a storage tank and the control device may be designed to open at a gauge pressure less than 18 inches of water, but may not open at the normal system operating pressure;

(2) preventing the loading of liquid product into any vapor-laden delivery tank

unless the tank (A) is connected to a vapor collection system that meets the requirements of (1) of this subsection; and

(B) has been certified vapor-tight under (b) of this section within the preceding 12 months; and

(3) preventing leaks in the vapor collection system or liquid loading equipment that result in the release of a volatile liquid organic or a volatile organic vapor in a concentrationRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

36 exceeding 10,000 ppm by volume, measured as methane.

(b) The owner or operator of a delivery tank that is to be loaded with volatile liquid at a loading rack described in (a) of this section shall

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix A-8, Method 27, adopted by reference in 18 AAC 50.040(a), except that

(A) the time period of the pressure test (t) is five minutes;

(B) the initial pressure (P) is 450 millimeters, or 17.7 inches, of water;

(C) the allowable pressure change is 75 millimeters, or three inches, of water; and (D) the test shall be performed for the volatile liquid as it would be for gasoline;

(2) mark the delivery tank with the month and year that the tank was last certified vapor-tight according to the test required under (1) of this subsection as follows;

(A) for a delivery tank this is the tank portion of a tank truck or tank trailer, the delivery tank must be marked in accordance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;

(B) for a delivery tank that is the tank portion of a rail tank car,

(i) the delivery tank must be marked with letters and numerals at least four inches high;

(ii) the color of the letters and numerals must contrast with the color of the tank;

(iii) the delivery tank must be marked on both sides; a marking need not appear in an exact location; however, each marking must be clearly visible;

(iv) the marking must be “V – month/year”;

(3) provide the owner, operator, or perm ittee of the loading rack with a copy of the most recent test results under (1) of this subsection; and

(4) keep a copy of the most recent test results with the delivery tank.

(c) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks

,Register 196, January 2011 ENVIRONMENTAL CONSERVATION

37 adopted by reference in 18 AAC 50.030, to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all inspections and repairs; and

(4) keep records of all inspections and repairs for at least five years. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor's note : A complete description of the Port of Anchorage is in the state air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad engines are not included when determining the cla ssification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance with other applicable air pollution control re quirements. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.14.020

18 AAC 50.110. Air pollution prohibited. No person may permit any emission which is injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of lif e or property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 196, January 2011 ENVIRONMENTAL CONSERVATION

38 Article 2. Program Administration

.

Section 200. Information requests 201. Ambient air quality investigation

205. Certification 210. (Repealed) 215. Ambient air quality analysis methods

220. Enforceable test methods 225. Owner-requested limits 230. Preapproved limits 235. Unavoidable emergencies and malfunctions

240. Excess emissions 245. Air episodes and advisories 250. Procedures and criteria for revising air quality classifications 260. Guidelines for best available retrofit technology under the regional haze rule

18 AAC 50.200. Information requests. If requested by the department to determine compliance with AS 46.03, AS 46.14, and this chapter, the owner, operator, or permittee of a stationary source shall maintain records of, and report to the department information on, the

nature and amount of emissions from the stati onary source and other information designated by the department. (Eff. 1/18/97, Regi ster 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

18 AAC 50.201. Ambient air quality investigation . (a) Upon a finding by the department that emissions from an existing st ationary source have a reasonable likelihood of causing or significantly contributing to ambient con centrations of one or more air pollutants that exceed an ambient air quality standard, maximum allowable increase, or the limitations of 18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the effect of the stationary source’s emissions of those air pollutants on ambient air or on the limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the department, must satisfy the evaluation requirements of this section, and any prior analysis must accurately represent the stationary source’s emissions.

(b) Based on an evaluation submitted under (a) of this section or other information in the department's possession and subject to AS 46.14.010( e), the department may require an existing stationary source to reduce emissions or implement another control strategy to reduce the ambient impact of those emissions as necessary to ensure that the concentration of air pollutants in the ambient air does not exceed the ambient air quality standards, maximum allowable increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed as a source-specific permit condition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the affected owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given the costs of determining an equitable allocation, any emission reduction or control strategy imposedRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

39 under this section will be equitably allocated among stationary, mobile, and area sources and source categories based upon their relative contribution to the ambient impacts of concern, the cost of additional controls, and other equitable factors.

(c) When determining whether to impose a reduction or control strategy under (b) of this section, the department will consider the uncertainties of ambient air quality analysis, the costs and benefits of resolving the uncertainties, th e nature of the ambient impact area, and the proximity and magnitude of adjacent impacts.

(d) The provisions of this section do not apply if the area affected by the emissions of an air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015.

(e) The provisions of this section do not limit the department’s ability to require or conduct ambient air quality analysis or control under the construction permit program established under AS 46.14.120 and this chapter. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.120

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or compliance certification required by the department under a permit program established under AS 46.14 or this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signature on an electronic application or other electronic record required by the department under a permit program established under AS 46.14 or this chapter if

(1) a certifying authority registered under AS 09.25.510 verifies that the electronic signature is authentic; and

(2) the person providing the electronic signature has made an agreement, with the certifying authority described in (1) of this subsection, that the person accepts or agrees to be bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140 AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 196, January 2011 ENVIRONMENTAL CONSERVATION

40 18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall

obtain the data in accordance with

(1) the department's Alaska Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program , adopted by reference in 18 AAC 50.030, for PM-2.5, PM-10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, ozone, and ammonia;

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, Appendices D and P, adopted by reference in 18 AAC 50.035(b), for ozone;

(3) EPA’s Meteorological Monitoring Guidance for Regulatory Modeling Applications , adopted by reference in 18 AAC 50.035(a), for meteorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of replication, and approved by the department.

(b) Except as provided in (c) and (e) of this section, a person who submits an analysis performed to predict ambient air quality conditions shall

(1) ensure that estimates of ambient concentrations and impairment to visibility are based on applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 18 AAC 50.040(f); and

(2) for comparing predicted or measured ambient concentrations of an air pollutant to a maximum allowable increase established under 18 AAC 50.020(b)(2), exclude

(A) concentrations attributable to a temporary construction activity for a new or modified source; and

(B) the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources included in the

baseline concentration.

(c) Except as provided in (e) of this section, a person may substitute or modify an air quality model referenced in (b)(1) of this section only after

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), Section 3.2.2 (Use of Alternative Models – Recommendations), adopted by reference in 18 AAC 50.040(f), that the alternative air quality model is more appropriate than a preferred air quality model; and

(2) obtaining approval from the regional administrator and the commissioner.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

41 (d) Table 5 establishes the significant impact level, expressed as micrograms per cubic meter, for each pollutant and averaging time. If the ambient impacts from emissions from a stationary source or modification are less than the concentrations in Table 5, the emissions are not considered to cause or contribute to a violation of an ambient air quality standard or

maximum allowable increase for a Class II area.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic meter)

Annual Averaging time (hours)

24 8 3 1

Sulfur

dioxide 1.0 5 N/A 25 N/A

PM-10 1.0 5 N/A N/A N/A

Nitrogen

dioxide 1.0 N/A N/A N/A N/A

Carbon

monoxide N/A N/A 500 N/A 2,000

Note to Table 5: In this table, “N/A” means not applicable.

(e) A person may use the SCREEN3 dispersion model, without meeting the requirements of (c) of this section, if the analysis conduc ted with SCREEN3 is consistent with EPA’s

SCREEN3 Model User’s Guide and Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised , adopted by reference in 18 AAC 50.035(a). (Eff. 1/18/97, Register 141; am 6/21/98, Regi ster 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 4/1/2010, Regi ster 193; am 10/29/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.140 Sec. 30, ch. 74, SLA 1993

AS 46.14.030 AS 46.14.180

18 AAC 50.220. Enforceable test methods . (a) The department may require an owner, operator, or permittee to conduct air pollutant emission tests to determine compliance with AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other requirement specifies a time period within which testing must be completed, the owner, operator, or permittee shall conduct the testing within the specified period regardless of whether the department explicitly calls for testing under this subsection. (b) Unless otherwise specified by an applicable requirement or test method, an airRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

42 pollutant emission test must be performed

(1) at a point or points that characterize the actual discharge into the ambient air;

and (2) at the maximum rated burning or operating capacity of the emission unit or another rate determined by the department to characterize the actual discharge into the ambient

air. (c) Reference test methods to be used by the owner, operator, or permittee for an applicable requirement of AS 46.14 or this chapter are as follows:

(1) except as provided in (2) of this subsection,

(A) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(a) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040(a);

(B) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(b) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 50.040(b);

(C) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F. R. Part 63, adopted by reference in 18 AAC 50.040(c);

(D) source testing for reduction in visibility through the exhaust effluent must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air Quality Visible Emissions Evaluation Procedur es," of the state air quality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040; and

(F) source testing for emissions of PM-10 must follow the procedures set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035;

(2) emissions of any air pollutant may be determined using an alternative method approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus the excess air volume normal for the specific source type, corrected to standard conditions.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

43 (d) In deciding whether to require a test under (a) of this section, the department will

consider (1) the compliance status of the emissi on unit and the margin of compliance with each applicable requirement as demonstrated by prior compliance tests or other reasonably accurate data or calculations;

(2) the potential variability of emissions from the stationary source; and

(3) the date and results of prior compliance tests, if any.

(e) The owner, operator, or permittee shall submit the results of testing conducted under this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of the state air quality control plan, adopted by reference in 18 AAC 50.030.

(f) In source testing for compliance with the particulate matter standards in 18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of three one-hour test runs. The source test must account for those emissions caused by soot blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test run includes the emissions caused by the routine maintenance activity and is conducted under conditions that lead to representative emissions from that activity. The emissions must be

quantified using the following equation:

Where: E = the total particulate emissions of the source in grains per dry standard cubic foot (gr/dscf).

E M = the particulate emissions in gr/dscf measured during the test that included the routine maintenance activity.

E NM = the arithmetic average of particulate emissions in gr/dscf measured by the test runs that did not include routine maintenance activity. A = the period of routine maintenance activity occurring during the test tun that included routine maintenance activity, expressed to the nearest

hundredth of an hour. B = the total period of the test run, less A. R = the maximum period of source operation per 24 hours, expressed to the

nearest hundredth of an hour.S = the maximum period of routine maintenance activity per 24 hours, expressed to the nearest hundredth of an hour. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993            

A x R

BS

- R

S)

- (R E + A x R S

x B) + (A E = E NM MRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

44 18 AAC 50.225. Owner-requested limits. (a) The owner or operator of an existing or proposed stationary source may request an enforceable limit on the ability to emit air pollutants to avoid all permitting obligations under AS 46.14.130. A limitation approved under this section is an enforceable limitation for the purpose of determining

(1) stationary source-specific allowable emissions; and

(2) a stationary source’s potential to emit.

(b) To request approval under this section of limits on the ability to emit, the owner or operator shall submit to the department

(1) a completed stationary source identification form;

(2) a list of all emission units at the stationary source;

(3) a calculation of the stationary source’s actual emissions and potential to emit air pollutants;

(4) a description of each proposed limit, including for each air pollutant a calculation of the effect the limit will have on the stationary source's potential to emit and the allowable emissions;

(5) a description of a verifiable method to attain and maintain each limit, including monitoring and recordkeeping requirements;

(6) citation to each requirement that the person seeks to avoid, including an explanation of why the requirement would appl y in the absence of the limit and how the limit allows the person to avoid the requirement;

(7) if applying all limits does not avoid all permit classifications under AS 46.14 and this chapter, a description, and if necessary an application, for the remaining classifications;

(8) a statement that the owner or operator of the stationary source will be able to comply with each limit; and

(9) a certification, bearing the signature of the person requesting the limits, that states: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in this request are true, accurate, and complete.

(c) Within 30 days after receiving a request under (b) of this section, the department will

(1) make a preliminary decision to approve the request; or

(2) deny the request and notify the owner or operator of the reasons for the

denial.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

45 (d) If the department makes a preliminary decision to approve a request under (c) of this section, the department will solicit public comment on the preliminary decision as follows:

(1) the department will publish a notice in a newspaper of general circulation within the area where the stationary source is or will be located; the department will publish this notice in two consecutive issues of the newspaper and in other media the department considers appropriate; the notice will include

(A) the name and address of the applicant and the location or proposed location of the stationary source;

(B) a summary describing the proposed limit, including reference to the requirement that the limit avoids;

(C) a statement that the department will accept public comment on the proposed limit for 30 days after first publishing notice; and

(D) the name and address of the person to whom comments should be

sent;

(2) the department will make available for public review, in at least one location within the area affected by the stationary source, the materials submitted by the owner or operator and a copy of the proposed limit;

(3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and

(4) the department will accept public comments and testimony on the proposed limit for 30 days after publishing the notice required by (1) of this subsection; if the department determines additional time is needed to allow full public participation, it will

(A) extend the public comment period by up to an additional 60 days; and

(B) publish notice of the extension as provided under (1) of this subsection.

(e) After the public comment period provided under (d) of this section, the department will consider the comments received during the public comment period and will make a final decision whether to approve, approve with conditions, or deny the request for cause. This final decision, or a decision to deny the request under (c)(2) of this section, is a permit action for the purpose of review under AS 46.14.200. The absence of a department decision within 30 days after the close of the public comment period provided in (d) of this section will be considered a permit action to deny the request for the purpose of review under AS 46.14.200.

(f) If the department approves a request for a limit, it will issue a letter of approval thatRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

46 (1) describes the terms and conditions of the approval, including specific testing, monitoring, recordkeeping, or reporting requirements;

(2) lists all equipment covered by the approval;

(3) describes the requirement that the limit allows the owner or operator to avoid;

and (4) contains the statement "I understand and agree to the terms and conditions of this approval" followed by a space for the owner's or operator's signature.

(g) A limit approved under this section becomes effective the day after the department receives a copy of the letter of approval bearing the owner's or operator's signature in the space provided. On and after the date the limit becomes effective and until the limit is revised or revoked under (h) of this section, the owner and operator shall comply with all terms and conditions of the approval.

(h) The owner or operator may request the department to revise the terms or conditions of the approval issued under this section by submitting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approval under (f) of this section as if the limit had neve r been approved. The limit remains in effect until the owner or operator

(1) obtains a new limit that allows the owner or operator to continue to avoid the requirement; or

(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other requirement that was avoided. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.14.020 AS 46.03.020 AS 46.14.140

AS 46.14.030 AS 46.14.120

18 AAC 50.230. Preapproved emission limits . (a) This section sets out limits for certain stationary sources that become effective the day after the department receives a request containing all the required information. Under these "preapproved" emission limits or PAELs, no additional department approval is required. The owner and operator shall comply with the

limit while that limit is in effect. The limit rema ins in effect until revoked in accordance with (e)

of this section.

(b) The owner or operator of a stationary source containing one or more emission units described in (c) or (d) of this section may request that the preapproved limits in those subsections be applied to that stationary source. To make the request, the owner or operator shall submit to the department the information required for the limit requested. (c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from dieselRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

47 engines may be established by restricting the amount of fuel that may be burned in an engine. To implement these limits, the owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limits will apply;

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 12 months;

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would have the potential to emit if subjected to the limits on fuel use proposed under (C) of this paragraph, determined by dividing the number provided under (C) of this paragraph by 3,309;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all emission units at the stationary source that are not listed under (B) of this paragraph; (F) a calculation of the stationary source’s total potential to emit nitrogen oxides, determined by adding the values derived under (D) and (E) of this paragraph;

(G) a list setting out each of the conditions required under (2) of this subsection; (H) a certification bearing the owner's or operator's signature stating that

(i) "Based on information and belief formed after reasonableinquiry, I certify that the information in this request is true, accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this subsection and agrees to those conditions in order to limit nitrogen oxide emissions from the equipment listed under (B) of this paragraph to no more than the value calculated under (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(h)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equipment listed under (1)(B)of this subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

48 (B) record the amount of fuel consumed in the equipment listed under(1)(B) of this subsection each month and calculate the total fuel consumed in the equipment during the preceding 12 months;

(C) keep all receipts for fuel purchases and all records and calculations under (B) of this paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the records and calculations required by (B) of this paragraph for the preceding

year.

(d) The owner or operator of a gasoline distribution facility may limit the maximum daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in this subsection is applied, the department will consider the stationary source to be a bulk gasoline plant under the standards adopted by reference in 18 AAC 50.040(a)(2)(M) and (AA). The owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limit will apply;

(B) a list of each tank containing gasoline at the stationary source, including the working capacity of each tank;

(C) a list of the conditions required under (2) of this subsection; and

(D) a certification bearing the signature of the owner or operator stating

that (i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this section and agrees to those conditions in order to be classified as a bulk gasoline plant; and

(E) the administration fee in 18 AAC 50.400(h)(3); and

(2) agree to

(A) limit the quantity of gasoline transferred from tanks at the stationary source each day to less than 19,900 gallons;

(B) record the amount of gasoline transferred from tanks at the stationaryRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

49 source each day; (C) keep all receipts for fuel sales and all records under (B) of this paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of this paragraph for the preceding year.

(e) The owner or operator may terminate a limit under this section by notifying the department, in writing, of the proposed date for termination of the limit. On and after the proposed date, the limit is no longer in effect unless the limit made it possible for the owner or operator to avoid any preconstruction review procedures or to avoid the requirement for an operating permit. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until the owner or operator obtains

(A) a new construction permit under this chapter as if the limit had never existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; or

(2) did not make it possible to avoid preconstruction review, but made it possible to avoid a Title V permit or minor permit to operate, the limit remains in effect until the owner or operator obtains (A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff. 1/18/97, Register 141; am 6/21/98, Regi ster 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194)

Authority: AS 44.46.025 AS 46.14.030 AS 46.14.170

AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.240

AS 46.14.020

18 AAC 50.235. Unavoidable emergencies and malfunctions . (a) If an unavoidable emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based emission standard, the owner, operator, or permittee shall

(1) take all reasonable steps to minimize levels of emissions that exceed the standard; and

(2) give written notice to the appropriate department office within two workingRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

50 days after the event commenced or was discovered; notice under this paragraph must include a description of the event, the cause of the event, steps taken to mitigate emissions, and corrective

measures taken or to be taken.

(b) A person who asserts the affirmative defense recognized in AS 46.14.560 must

demonstrate that

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emission unit occurred, and the person can identify the cause;

(2) the stationary source was being properly operated when the event described in (1) of this subsection occurred; and

(3) the person took the steps required under (a) of this section.

(c) In any enforcement action, the person seeking to assert the affirmative defense under AS 46.14.560 and this section has the burden of proof.

(d) For the purposes of this section, an emergency or malfunction is unavoidable

(1) if it arises from a sudden and reasonably unforeseeable event beyond the person's control, including an act of God, that requires immediate corrective action to restore normal operation; and

(2) to the extent it was not the result of improper design, lack of preventive maintenance, careless or improper operation, or operator error. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

18 AAC 50.240. Excess emissions. (a) In an enforcement action, the owner, operator, or permittee has the burden of proving that excess emissions were unavoidable. This demonstration is a condition to obtaining relief under (d), (e), and (f) of this section.

(b) Excess emissions determined to be unavoidable under this section will be excused and are not subject to penalty. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the owner, operator, or permittee believes to be unavoidable must be reported to the department as soon as possible. Unless otherwise specified in the stationary source's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be

taken to minimize or eliminate the chance of recurrence.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

51 (d) Excess emissions due to startup or shutdown will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates

that (1) the excess emissions could not have been prevented through careful planning and design; and

(2) if a bypass of control equipment occurred, the bypass was necessary to prevent loss of life, personal injury, or severe property damage.

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that the excess emissions could not have been avoided through reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that

(1) the event was not caused by poor or inadequate design, operation, or maintenance or by any other reasonably preventable condition;

(2) the event was not of a recurring pattern indicative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should have known that an emission standard or permit condition was being exceeded, the operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the source as necessary to minimize emissions.

(g) A demonstration under (d), (e), or (f) of this section must be supported by records made at the time the excess emissions occurred. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

AS 46.14.030

18 AAC 50.245. Air episodes and advisories. (a) The department may declare an air episode and prescribe and publicize curtailment action if the concentration of an air pollutant in the ambient air has reached, or is likely in the immediate future to reach, any of the

concentrations established in Table 6 in this subsection.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

52 Table 6. Concentrations Triggering an Air Episode

Episode Type Air Pollutant Concentration in micrograms per cubic meter {and in ppm where applicable}

Air alert Sulfur dioxide 365 (24-hour average) {0.14 ppm}

PM-10 150 (24-hour average)

PM-10 from wood burning (wood smoke control areas) 92 (24-hour average)

Carbon monoxide 10,000 (8-hour average) {8.7 ppm}

Air warning Sulfur dioxide 800 (24-hour average) {0.31 ppm}

PM-10 350 (24-hour average)

Carbon monoxide 17,000 (8-hour average) {15 ppm}

Air emergency Sulfur dioxide 1,600 (24-hour average) {0.61 ppm}

PM-10 420 (24-hour average)

PM-10 from wood burning (wood smoke control areas) During an air alert, a concentration measured or predicted to exceed 92 (24-hour average), and to continue to increase beyond the concentration that triggered the air alert

Carbon monoxide 34,000 (8-hour average) {30 ppm}

(b) The department will declare an air quality advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advisory under (b) of this section, the department willRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

53 (1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationary source’s emissions might impact the area subject to the advisory; and

(2) publicize actions to be taken to protect public health. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.250. Procedures and criteria for revising air quality classifications. (a) Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of the state can be revised. This section sets out the procedures and criteria for revising an air quality classification.

(b) A geographic area that exceeds 10,000 acres and is one of the following may be classified only as Class I or Class II:

(1) a national park or national wilderness area established after August 7, 1977;

or (2) a national monument, national primitive area, national preserve, national recreation area, national wild and scenic river, national wildlife refuge or range, or a national

lakeshore or seashore.

(c) The department will, on its own motion, or upon receipt of a petition under AS 44.62.220, propose to change the air quality classification of a geographical area. The department will, in its discretion, combine or coordinate any public meetings or hearings conducted under (e) of this section with those conducted under AS 44.62.180 - 44.62.290. The department will make the report prepared under (d) of this section available to the public during the public comment period provided under AS 44.62.210.

(d) Before proposing a change to a geographic air quality classification, the department will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that

includes (1) an accurate description of the boundaries of the geographic area for which the change in air quality classification is proposed;

(2) the classification in effect for the area and the proposed classification;

(3) a statement of the reasons why the change to the air quality classification is proposed and is in the public interest;

(4) a detailed evaluation of new emissions and ambient air quality impacts expected to occur in the area to be reclassified and in adjacent areas as a result of a modification to a stationary source in that area or from c onstruction and operation of a new stationary source

in that area (A) for which a complete permit application under AS 46.14.160 isRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

54 pending before the department at the time the report is prepared; or

(B) that has been proposed, would be subject to this chapter and AS 46.14.120 or 46.14.130, and could not be permitted under those provisions without a change in the air quality classification for the area;

(5) an evaluation of the effects on air quality in other geographic areas classified in 18 AAC 50.015(c) of any proposed new or modified stationary source in the area to be reclassified; and

(6) a detailed analysis of the health, environmental, economic, social, and energy effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that changes the air quality classification of an area of the state,

(1) for any change,

(A) the federal administrator must have approved the change;

(B) the department must have conferred with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation;

(C) the department must have notified each affected federal land manager of the proposed change and provided at least 30 days to comment on the report described in (d) of this section;

(D) the department must have published in a newspaper of general circulation in the state a summary of the comments and recommendations of any affected federal land manager received under (B) of this paragraph and an explanation of the reasons for implementing a change that is inconsistent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, economic, social, and energy effects of the change are in the public interest; and

(ii) implementing the change will not cause or contribute to a violation of the ambient air quality standards or maximum allowable increase;

(2) for any change to the classification of lands within the exterior boundary of a reservation of a federally-recognized Indian tribe, the governing body of the tribe must have approved the change; and

(3) for a reclassification of an area to Class III, the change must meet theRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

55 applicable requirements of 42 U.S.C. 7474, adopted by reference as amended through December 19, 1996.

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and a dopted by reference. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030

AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retrofit technology under the regional

haze rule (a) For the purposes of this section, the following are adopted by reference:

(1) 40 C.F.R. 51.301(Definitions), revised as of July 1, 2007, except that

(A) “fugitive emissions” has the meaning given in AS 46.14.990;

(B) “major stationary source” has the meaning given in AS 46.14.990 and

18 AAC 50.990:

(C) “potential to emit” has the meaning given in AS 46.14.990;

(D) “stationary source” has the meaning given in AS 46.14.990;

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under the regional haze rule), as revised as of July 1, 2007.

(b) Sources subject to BART shall be iden tified consistent with Section III of the BART guideline. No later than 5 days after December 30, 2007, the Department shall notify the owner or operator of each source subject to BART in writing and shall identify the affected Class I areas. A notice provided to the owner or operator prior to December 30, 2007 shall satisfy this obligation. Unless the department exempts a s ource in accordance with Section III of the BART guideline, each source subject to BART shall comply with (d) through (h) and ( l ) through (o) of

this section.

(c) An owner or operator notified under (b) of this section may request an exemption from BART. Exemptions from BART approved by the department in writing prior to December 30, 2007 shall have the same effect as those approved under this subsection. An exemption from BART must be requested and processed as follows:

(1) the owner or operator shall:

(A) notify the department no later than 10 days after the latter of December 30, 2007 or notification under (b) of this section that they intend to request exemption from BART through visibility impact analysis modeling; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

56 (B) submit, no more than 30 days after the later of December 30, 2007 or the date of the department’s notice under (b) of this section, a visibility impact analysis modeling protocol that will meet the requirements of (h)(3) of this section for refined visibility impact analysis modeling:

(2) no later than 30 days after receiving a submission under (1)(B) of this subsection, the department will:

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval;

(3) upon approval of the modeling protocol, the owner or operator shall

(A) conduct a visibility impact analysis in accordance with (h)(3) of this section; and

(B) submit the visibility impact analysis report, including all supporting documentation, to the department no later than 60 days after the department approves a modeling protocol for the visibility impact analysis; if a modeling protocol is submitted and approved prior to December 30, 2007, the visibility impact analysis report required under this section shall be submitted no later than 90 days after December 30, 2007;

(4) the department will approve an exemption if the owner or operator meets the requirements of (1) and (3) of this subsection and the information submitted adequately demonstrates that the BART-eligible source is not reasonably anticipated to cause or contribute to any impairment of visibility in a Class 1 Area identified in the notice provided under (b) of this section;

(5) if the department does not approve an exemption based on the visibility impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or operator

shall: (A) submit a BART control analysis under (d) and (e) of this section; or

(B) submit an application under 18 AAC 50.225 for owner-requested limits (ORL); that application must be submitted no later than 30 days after the date of the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the owner or operator shall comply with the te rms and conditions of the approval; if the owner requested limit is subsequently rescinded, the owner or operator shall conduct a BART control analysis in accordance with (d) – (o) of this section;

(6) the department will notify the owner or operator, the Environmental Protection Agency, and each affected federal land manager, in writing, of a department approval or disapproval under this subsection; if the decision is to approve an exemption, either through visibility impact analysis or an owner-requested limit, the department will explain what requirements of this section no longer apply to the BART-eligible source.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

57 (d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) of this section or if the department denies the exemption request under (c) of this section, the owner or operator shall submit a BART assessment modeling protocol that meets the requirements of (h)(3) of this section for control technology visibility impact analysis modeling no more than 30 days after the latest of December 30, 2007

, the date of the department’s notice under (b) of this section, or the date of the department’s notice disapproving the exemption request under (c) of this section. No more than 30 days after submission of a modeling protocol under this subsection, the department will

(1) approve the modeling protocol; or

(2) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval.

(e) For purposes of analyzing the visibility impact from potential control technologies, the owner or operator of each source subject to BART shall submit to the department an analysis of control options consistent with Section IV of the BART guidelines;

(1) no more than 210 days after the later of December 30, 2007 or the date of the department’s notice under (b) of this section, if the owner or operator did not submit an exemption modeling protocol under (c)(1) of this section; or

(2) no more than 180 days after the date of the department’s notice disapproving an exemption request submitted under (c) of this section.

(f) The pollutants of concern for purposes of BART are SO 2 , NO

x , and PM 10

.

(g) If an owner or operator elects to apply, or has already applied, the most stringent controls available consistent with the analysis conducted under (e) of this section, they are not required to conduct a visibility impact analysis for the emission units and pollutants to which the controls are to be or have been applied.

(h) A visibility impact analysis must:

(1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls;

(2) determine the maximum change in visibility impacts in daily deciviews, between the current or pre-control technology and each potential BART control option consistent with the approved modeling protocol compared to the annual average default natural visibility

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule , EPA-454/B-03-005, dated September 2003 and adopted by reference, at each Class I area identified in the notice under (b) of this section.

(3) be conducted in a manner consistent with either:Register 196, January 2011 ENVIRONMENTAL CONSERVATION

58 (A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United

States , dated August 15, 2006 and adopted by reference, as amended by the Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by reference; or

(B) a modified protocol that was first submitted as a draft and made available for at least a 15-day review by EPA and each affected federal land manager, and subsequently approved in writing by the department.

(i) The department will request from the owner or operator any additional information necessary to complete review of the analysis of control options for a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or operator. The owner or operator shall provide such information no later than the deadline established by the department.

(j) The department will review each analysis of control options and issue a preliminary BART determination for each emission unit at each source subject to BART. In the preliminary BART determination, the department will include:

(1) the pollutant-specific emission limits for each emission unit at each source subject to BART, and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j);

(k) No more than 120 days after receipt of BART analysis under (e) of this section, the department will publish a notice of its preliminary BART determination and provide at least 30 days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 18 AAC 50.040(j) except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(2) the department will hold a public hearing only if one is requested within 15 days after publication of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after consideration of comments and testimony received, the department will make a final BART determination and provide written notice to each owner or operator, EPA, each affected federal land manager, and any person who commented on the preliminary BART determination. In the final BART determination, the department will include

(1) the pollutant-specific emission limits for each emission unit at each source subject to BART; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

59 (2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(m) An informal review of the final BART determination may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

(n) As expeditiously as practicable, but in no case more than five years after the date of EPA approval of the regional haze state implementation plan required under 42.U.S.C. 7410 and 7491, the owner or operator of a source that is subject to a final BART determination under this section shall comply with the requirements established in that determination.

(o) The owner or operator of a source required to install control equipment to comply

with the BART determination shall:

(1) maintain the control equipment and establish procedures to ensure that the equipment is properly operated and maintained; and

(2) conduct monitoring, recordkeeping, and reporting in accordance with the

methods set out in the final BART determination.

(p) Department services under this section are designated regulatory services for preapplication assistance and will be billed to the operating permit covering the source subject to BART as set out in 18 AAC 50. 400(j)

(q) In this section,

(1) “BART” has the meaning given the term “Best Available Retrofit Technology” in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(2) “ BART-eligible source” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(3) “BART guidelines” means 40 C.F.R. Part 51, Appendix Y (Guidelines for BART determinations under the regional haze rule), adopted by reference in (a) of this section.

(4) “cause or contribute to impairment of visibility” means to release emissions that produce a 0.5 or greater change in the daily deciview when compared against natural conditions; for the purposes of this paragraph, “natural conditions” includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration;

(5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

60 (6) “existing stationary facility” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(8) “maximum change” means the greatest relative change in visibility between pre-BART controls and post-BART controls for purposes of this section;

(9) “sources subject to BART” means a source indentified by the department in accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air quality modeling analysis conducted for the purposes of determining visib ility impacts. (Eff. 12/30/2007, Register 184; am 7/1/2010, Register 194)

Authority: AS 46.03.710 AS 46.14.010 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.030

Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class

I areas in the Western United States , and the Summary of WRAP RMC BART Modeling for Alaska, Draft #7 , adopted by reference in 18 AAC 50.260(h), may be reviewed at the department's Anchorage, Fairbanks, or Juneau o ffice. To obtain a copy of these or any other documents adopted by reference in this section, contact the Department of Environmental Conservation, Air Quality Division at (907) 465-5100.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

61 Article 3. Major Stationary Source Permits.

Section 300. (Repealed) 301. Permit continuity 302. Construction permits 305. (Repealed) 306. Prevention of significant deterioration (PSD) permits 310. (Repealed) 311. Nonattainment area major stationary source permits 315. (Repealed)

316. Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants 320. (Repealed) 321. Case-by-case maximum achievable control technology determinations 322. (Repealed) 325. (Repealed) 326. Title V operating permits 330. (Repealed) 335. (Repealed) 340. (Repealed) 341. (Repealed) 345. Construction and operating permits: standard permit conditions 346. Construction and operating permits: other permit conditions 350. (Repealed) 355. (Repealed) 360. (Repealed) 365. (Repealed) 370. (Repealed) 375. (Repealed) 380. (Repealed) 385. (Repealed) 390. (Repealed)

18 AAC 50.300. Construction permits: classifications. Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 2/ 2/2002, Register 161; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.301. Permit continuity. (a) An air quality permit that is effective under this chapter as of October 1, 2004 remains in effect until it

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.280; or

(3) is replaced by a permit issued under this chapter.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

62 (b) For a permit under this chapter, if the applicant has submitted a complete application before October 1, 2004, but the department has not yet issued the permit by that date, the

(1) applicant may request in writing that the department process the application under the regulations in effect before or after October 1, 2004; and

(2) department will process the application in accordance with the applicant’s request. (Eff.10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230

AS 46.14.010 AS 46.14.130 AS 46.14.280

AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a construction permit before beginning actual construction of a new major stationary source, a major modification, a PAL major modification, or a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or operator must obtain one or more of the following types of construction permits, as applicable:

(1) a prevention of significant deterioration (PSD) permits under 18 AAC 50.306;

(2) a nonattainment area major stationary source permit under 18 AAC 50.311;

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous air pollutants.

(b) If a stationary source or modification may require permits under more than one section in this chapter, the owner or operator may file a single permit application, and the department will issue a single permit incorporating all applicable construction permit requirements.

(c) If a term or condition is established in a PSD permit listed in (a)(1) of this section, or established in a PSD permit incorporated into a permit under (b) of this section, and is identified in the permit as solely necessary to meet a Title V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3), the term or condition is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff.10/1/2004, Register 171; am 12/9/2010, Register 196)

Authority : AS 46.03.020 AS 46.14.030 AS 46.14.140 AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

18 AAC 50.305. Construction permit provisions requested by the owner or
operator. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 196, January 2011 ENVIRONMENTAL CONSERVATION

63 18 AAC 50.306. Prevention of significant deterioration (PSD) permits. (a) An owner or operator must obtain a prevention of significant deterioration (PSD) permit under this section before beginning actual construction of a new major stationary source, a major modification, or a PAL major modification.

(b) To satisfy the requirement of (a) of this section, the owner or operator must comply with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the following changes:

(1) in 40 C.F.R. 52.21,

(A) the term “administrator” means

(i) “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and

(ii) “department” elsewhere;

(B) the term “national ambient air quality standard” means an ambient air quality standard set out in 18 AAC 50.010 for this state;

(C) the term “ambient air increment” or “maximum allowable increase” means a maximum allowable increase set out in Table 3 in 18 AAC 50.020(b);

(2) exclusions from increment consumption apply to the maximum extent allowed under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040;

(3) in 40 C.F.R. 52.21(i)(1)(xi), each reference to the date “July 15, 2008” is replaced with “December 9, 2010”.

(c) The department will issue each permit under this section following the procedures and other requirements of AS 46.14, and of 40 C.F.R. 51.166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18 AAC 50.040, with the following additions and exemptions:

(1) the date of receipt of the application is the date that the department has received all required information under AS 46.14.160 and this section;

(2) the department will provide at least 30 days for the public to comment, and upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h);

(3) if requested by the owner or operator of a stationary source or modification that requires both a PSD permit and a Title V permit or permit modification, the department will integrate review of the operating permit application or amendment required by 18 AAC 50.326Register 196, January 2011 ENVIRONMENTAL CONSERVATION

64 and the PSD permit application required by this section; a PSD permit application designated for integrated review will be processed in accordance with procedures and deadlines described in

18 AAC 50.326.

(d) In each PSD permit issued under this section, the department will include terms and

conditions (1) as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this section, including terms and conditions consistent with AS 46.14.180 that require the permittee to

(A) install, use, and maintain monitoring equipment;

(B) sample emissions according to the methods prescribed by the department, at locations and intervals specified by the department, and by procedures specified by the department;

(C) provide source test reports, monitoring data, emissions data, and information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420.

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 – 18 AAC 15.340. (Eff.10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.311. Nonattainment area major stationary source permits. (a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, before commencing construction of a major stationary source, major modification, or PAL major modification for a nonattainment pollutant in a nonattainment area, an owner or operator must obtain a construction permit from the department.

(b) The application for a permit under this section must includeRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

65 (1) for the nonattainment air pollutant, a

(A) demonstration, including substantiating information, that emissions of the pollutant will be controlled to a rate that represents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissions from other stationary sources within the nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) description of the proposed reductions in actual emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description

must include

(i) from each stationary source providing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(4); and

(ii) a certification that proposed reductions in actual emissions will occur before the onset of emission increases from the stationary source or modification;

(2) a demonstration that other stationary sources owned or operated by the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal regulations; or

(B) an order issued under AS 46.03 that controls air emissions from those stationary sources; and

(3) a demonstration that the benefits of construction, operation, or modification of the stationary source will significantly outweigh the environmental and social costs incurred, considering factors such as alternative sites, sizes, production processes, and environmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by reference, the department will provide notice and opportunity for a 30 - day public comment period on the department’s proposed permit or proposed denial. The department will issue a permit only if the department finds that the applicant has shown that the stationary source or modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by

reference in 18 AAC 50.040.

(d) In each construction permit issued under this section, the department will include

terms and conditionsRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

66 (1) as necessary to ensure that the proposed stationary source or modification will meet the requirements of this section, including terms and conditions consistent with

AS 46.14.180 for (A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department, at locations and intervals specified by the department, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analysis of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and (2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170

AS 46.03.850 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140

18 AAC 50.315. Construction permits: review and issuance . Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.316. Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants. (a) Applicability. The owner or operator of a major source of hazardous air pollutants subject to a standard under 40 C.F.R. part 63, adopted by reference in 18 AAC 50.040, must obtain a construction permit before

(1) constructing a new major source of hazardous air pollutants subject to that standard; (2) reconstructing a major source of hazardous air pollutants subject to that standard; or (3) reconstructing a major source of hazardous air pollutants in a way that causes the source to become an affected source that is major-emitting under 40 C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63.5(d) - (e), adopted by reference in 18 AAC 50.040, means “department” for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and submitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application,Register 196, January 2011 ENVIRONMENTAL CONSERVATION

67 (1) the department will prepare a report that contains a preliminary decision to approve or deny the permit application; the department will make a decision to issue the permit only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040, are met;

(2) if the department makes the preliminary decision to deny the permit application, the owner, operator, or permittee may submit additional information for the department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates by which the applicant must submit any additional information under this paragraph;

(B) within 60 days after receiving the additional information, the department will

(i) make a preliminary decision to approve or approve with conditions; or

(ii) take a final permit action and deny the permit application for

cause;

(3) if the department makes a preliminary decision to approve the permit application, the department will

(A) prepare a draft permit;

(B) provide at least 30 days for the public to comment, and upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and

(C) make available for public review the materials submitted by the applicant and a copy of the proposed permit in at least one location within the area known or expected to be affected by the stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will issue the permit consistent with AS 46.14.170.

(d) Permit Content. In a permit under this section, the department will include terms

and conditions that

(1) reference specific applicable requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 -Register 196, January 2011 ENVIRONMENTAL CONSERVATION

68 18 AAC 50.420.

(e) Notification. For each notification that the owner or operator is required to send to the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or operator shall also send a copy of the notification to the department. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.320. Construction permits: content and duration. Repealed. (Eff. 1/18/97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.321. Case-by-case maximum achievable control technology

determinations. (a) Purpose. This section implements EPA requirements for case-by-case maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in

18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has been specifically regulated or exempted from regulation by a standard under 42 U. S.C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of this section.

(c) Exclusions from this section. The requirements of this section do not apply to

(1) an electric utility steam generating unit unless, and until such time as that unit is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act, sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous air pollutants unless the department has made a final and effective case-by-case determination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation

for new sources.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

69 (e) Procedures for MACT determinations. To satisfy the requirements of (d) of this section the owner or operator must obtain a notice of MACT approval under the procedures of 40 C.F.R. 63.43(d) – (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the department will coordinate processing of the notice of MACT approval with the processing of any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) the definitions of 40 C.F.R. 63.41 are adopted by reference, except that “permitting authority” means the department;

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A, except that “construction,” “emission standard,” “fugitive emissions,” “hazardous air pollutant,” “operator,” “owner,” “potential to emit,” and “stationary source” have the meanings given in AS 46.14.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.14.010(a) AS 46.14.020

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. Except as provided in (b) – (k) of this section, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are adopted by reference, except that

(1) “permitting authority” and “delegate agency” mean the department;

(2) “applicable requirement” also means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department”;

(3) “part 71 permit” means a Title V permit;

(4) “part 71 program” means the permit program under this section;

(5) “part 71 source” means any source subject to the permitting requirements under this section;

(6) “emissions unit” has the meaning given in AS 46.14.990;

(7) “stationary source” has the meaning given in AS 46.14.990;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

70 (8) “administrator” means the administrator of EPA, except that “administrator” or “regional administrator” means the department at

(A) 40 C.F.R. 71.3(e); and

(B) 40 C.F.R. 71.6(a)(7).

(c) Applications. For the purposes of 40 C.F.R. 71.5(a)(1)(i) and (ii), a timely application is one that satisfies AS 46.14.150, a nd 40 C.F.R. 71.5(a)(1)(i) - (ii) do not apply. Application fees must be paid in accordance with 18 AAC 50.400 – 18 AAC 50.430. To establish confidentiality for information submitted to the department, the owner and operator must satisfy the requirements of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50.205 apply to a permit application, report, or compliance certification under this section, and 40 C.F.R. 71.5(d) does not apply. The owner or operator of an existing Title V source who is planning a modification that requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I and Title V permits, in which the department will consolidate all required public notices, hearings, and comment periods; the applicant may provide either one application for both requested permits, or two separate applications; or

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040; to qualify for this option, the application must satisfy the requirements for both the Title I and Title V applications; for applications that qualify, the department will issue or deny the Title I permit following the required procedures for the Title I permit, and all of the procedures of this section; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications – insignificant emission units. The provisions in 40 C.F.R. 71.5(c)(11) for insignificant emission units and activities do not apply and are replaced by (d) - (i) of this section. Emission units and activities described in (e) - (i) of this section are insignificant and need not be included in an operating permit application except as follows:

(1) an emission unit is not insignificant and must be included in an operating permit application if the emission unit is subject to

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - (d);

(B) an emission unit-specific requirement established under

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapter; or

(iii) a permit issued before January 18, 1997; orRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

71 (C) a stationary source-specific or emission unit-specific emission limitation;

(2) the application must list each requirement of 18 AAC 50.040(e), 18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to insignificant emission units at the stationary source;

(3) the application must list each emission unit at the stationary source that is identified as insignificant under (e) or (g) of this section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriately listed as insignificant;

(4) the application may not omit information needed to evaluate the fee required under 18 AAC 50.410;

(5) the application must include compliance certification based on reasonable inquiry for insignificant emission units; a compliance certification made during the permit term according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant emission units;

(6) the application must propose conditions for monitoring, record keeping, and reporting if the conditions are necessary to assure compliance with requirements identified in (2)

of this subsection.

(e) Applications – insignificant emission units: emission rate basis. Except as provided in (d) of this section, an emission unit is insignificant based on emission rate if its actual emissions of each air pollutant are less than the rates listed in (1) - (15) of this subsection. If requested by the department, an applicant or permittee shall demonstrate that an emission unit listed as insignificant under this subsection has actual emissions less than the following rates:

(1) five TPY of carbon monoxide;

(2) two TPY of nitrogen oxides;

(3) two TPY of sulfur oxides;

(4) two TPY of volatile organic compounds;

(5) 0.75 TPY of PM-10;

(6) 0.005 TPY of lead;

(7) 0.15 TPY of fluorides;

(8) 0.35 TPY of sulfuric acid mist;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

72 (9) 0.5 TPY of hydrogen sulfide;

(10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide;

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate

matter; (13) two TPY of municipal waste combustor acid gases, measured as Sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances in aggregate, the sum of Class I and Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference in 18 AAC 50.040;

(15) 0.5 TPY for any regulated air pollutant not listed in (1) - (14) of this

subsection.

(f) Applications – insignificant emission units: category basis. Except as provided in (d) of this section, the following categories of emission units are insignificant:

(1) mobile transport tanks on vehicles, except for those containing asphalt or volatile liquids;

(2) lubricating oil storage tanks;

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that minimizes or prevents unintended emissions; this category does not include equipment used to mix or package powdered detergent, spray dryers, or any equipment that must have an emission control device to comply with the requirements of 18 AAC 50.045(d) or 18 AAC 50.055;

(4) pressurized storage of oxygen, nitrogen, carbon dioxide, air, or inert gasses;

(5) vents from continuous emissions monitors and other analyzers;

(6) sampling connections used exclusively to withdraw materials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipment;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

73 (10) individual laboratory hoods;

(11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial, or commercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activities such as routine housekeeping, grounds keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements, and paving or striping parking lots if these activities are not conducted as part of a manufacturing process, are not related to the primary business activity of the stationary source, and do not otherwise require a permit revision; this category does not include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal combustion engines used to provide electric power or heat;

(14) portable solid waste containers such as dumpsters for municipal solid waste or office wastes;

(15) structural changes that do not give rise to air pollutant emissions; this category does not include emissions from construction activities;

(16) portable welding, brazing, cutting, and soldering operations used in incidental maintenance;

(17) recreational fireplaces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption including cafeterias, kitchen facilities, and barbecues located at a source for providing food service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations; (21) washers, dryers, extractors, and tumblers for fabrics using water solutions of bleach or detergents;

(22) janitorial services and consumer use of janitorial products;

(23) office activities;

(24) materials and equipment used by, and activity related to, operation of an infirmary if the infirmary is not the stationary source’s business activity; this category does not include medical waste incineration at military bases;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

74 (25) personal care activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wastewater treatment facilities;

(28) cleaning and sweeping of streets and paved surfaces;

(29) fuel and exhaust emissions from vehicles in parking lots;

(30) flares used to indicate danger to the public;

(31) firefighting and similar safety equipment and equipment used to train firefighters not subject to 18 AAC 50.065;

(32) non-commercial smokehouses;

(33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and storage of plastic pellets;

(37) plastic pipe welding;

(38) tire buffing where a water spray is used with the particulate collection system to prevent smoke generation;

(39) wet sand and gravel screening;

(40) wax application;

(41) ultraviolet curing processes;

(42) hand-held applicator equipment for hot melt adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes; (46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; thisRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

75 category does not include associated power generation equipment;

(48) equipment used exclusively to slaughter animals; this category does not include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (deaeration) of water;

(51) pulse capacitors;

(52) laser trimmers using dust collection to prevent fugitive emissions;

(53) gas cabinets using only gasses that are not regulated air pollutants;

(54) Carbon dioxide lasers used only on metals and other materials that do not emit hazardous air pollutants in the process;

(55) photographic process equipment by which an image is reproduced upon material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this category does not apply to manufacturing or rebuilding facilities;

(59) salt baths using nonvolatile salts that do not result in emissions of any regulated air contaminants;

(60) shock chambers;

(61) mechanical wire strippers;

(62) humidity chambers;

(63) solar simulators;

(64) environmental chambers that do not use hazardous air pollutant gasses;

(65) steam vents and safety relief valves not emitting process chemicals;

(66) air compressors, pneumatically operated systems, and related hand tools;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

76 (67) digester chip feeders;

(68) process water and white water storage tanks;

(69) demineralizer tanks;

(70) hydrogen peroxide tanks;

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and cooling systems;

(72) winders;

(73) chipping;

(74) debarking;

(75) pulp mill sludge dewatering and handling;

(76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devices and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam-heated drying ovens or autoclaves, excluding the articles or substances being processed in the ovens or autoclaves and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, and lift stations associated with wastewater treatment systems at publicly owned treatment works;

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those tanks and equipment do not emit volatile organic compounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vents; this category does not include venting at oil and gas production facilities;

(84) lubricating pumps, sumps, and systems;

(85) well service equipment;

(86) aircraft ground support equipment (AGE), lights, and heating, ventilation, and air conditioning (HVAC) support; this category does not include portable power generators;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

77 (87) engine crankcase vents and equipment lubricating sumps;

(88) tanks containing separated water produced from oil and gas operations;

(89) skimmer pits, oil-water separators, and maintenance of filter separators;

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater conveyance facilities;

(91) site assessment work, including the evaluation of waste disposal or remediation sites;

(92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;

(94) vent emission from gas streams used as buffer or seal gas in rotating pump and compressor seals;

(95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment; (97) pipeline maintenance pigging activities;

(98) truck, car, or aircraft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean-out of tanks and equipment for the purpose of worker entry or in preparation for maintenance or decommissions;

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be moved by hand from one location to another; (102) natural gas and liquefied petr oleum gas (LPG) vehicle fleet fueling facilities; (103) military field exercises, except emissions from permanent stationary

sources; (104) fire suppression;

(105) storage of water-treating chemicals to be used in a drinking water system or a boiler water feedwater system.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

78 (g) Applications – insignificant emission units: size or production rate basis. Except as provided in (d) of this section, the following emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage tanks and storage vessels with less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage tanks with not greater than 1,100-gallon capacity, with lids or other closure not for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liquid storage with 10,000- gallon capacity or less, with lids or other closur e and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of but ane, propane, or liquefied petroleum gas (LPG) storage tanks with vessel capacity under 40,000 gallons;

(5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per hour exclusively using natural gas, butane, propa ne, or liquefied petroleum gas (LPG); emission units under this paragraph do not include internal combustion engines;

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under this paragraph do not include internal combustion engines;

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not include internal combustion engines;

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per hour if burning used oil; emission units under this paragraph do not include internal combustion engines; (9) a combustion emission unit with a rated capacity less than 450,000 Btu per hour if burning wood waste or waste paper; emi ssion units under this paragraph do not include internal combustion engines;

(10) welding using not more than 50 pounds per day of welding rod;

(11) foundry sand molds, unheated and using binders with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallons of coating per year;

(13) printing and silkscreening using less than two gallons per day of anyRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

79 combination of inks, coatings, adhesives, fount ain solutions, thinners, retarders, or nonaqueous solutions if they do not contain hazardous air pollutants;

(14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not use chromium-based corrosion inhibitors;

(15) combustion turbines rated at less than 160 horsepower;

(16) batch distillation equipment with a batch capacity not greater than 55 gallons and used only for solvents that do not contain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square f eet of air-vapor interface; and

(B) using solvent

(i) that does not contain a hazardous air pollutant; and

(ii) with a vapor pressure not more than 30 millimeters (mm) of mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than two gallons per day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids;

(20) cleaning and stripping activities and equipment using solutions having less than one percent volatile organic compounds (VOCs) by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other closures used exclusively to pump, load, unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspension containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water-based lubricants for metal working if the organic content of the lubricant is less than 10 percent;

(24) municipal or industrial wastewater chlorination facilities of not greater than 1,000,000 gallons per day capacity;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

80 (25) diesel engines of 250 horsepower or less being used to provide power for well servicing equipment.

(h) Applications – insignificant emission units: case-by-case basis. This subsection lists emission units or activities that may be insignificant on the basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard under 18 AAC 50.050 – 18 AAC 50.090 must be listed on the permit application. Except as provided in (d) of this section, the department may determine the following emission units to be insignificant on a case-by-case basis:

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water Pollution Control Act, National Pollutant Discharge Elimination System), and that are used solely for settling suspended solids and skimming oil and grease; and

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee.

(i) Applications – insignificant emission units: administratively insignificant

sources. The following emission units might have significant emissions, but are considered administratively insignificant emission units for the purpose of operating permit applications:

(1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and (3) agricultural activities on the property of a stationary source that are not subject to review by the department under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502 and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions issued under this section will be developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except

as follows: (1) with respect to any fee requirement or reference, the applicable provisions of 18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will include the expiration date in the permit; the permit duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this section will also be subject to the standard operating permit conditions and other permit conditions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviations is subject to the department’s Standard Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)( 1 ) – (B)( 4 ); the provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the standard permit conditions of 18 AAC 50.345;

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title V permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessaryRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

81 to implement a requirement of AS 46.14 or this chapter;

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not federally enforceable unless required by the Clean Air Act; that term or condition is not subject to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions o f 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordance with this section, and with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this section will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests that the department send the notice by postal mail, the department will send the notice to the person by postal mail;

(2) the department will only issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after the 45-day review period in AS 46.14.220 and the department has not issued the final permit, the department will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising the objection during the public comment period was impracticable or that grounds for the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegated does not apply, including the phrase “in the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the phrase “When a part 71 program has been delegated in accordance with the provisions of this section,” in 40 C.F.R. 71.10;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

82 (5) a permit under this section becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final decision to approve or deny an application for a Title V permit, the department will notify the applicant and any person who commented on the application; a person described in AS 46.14.200 may request an adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an a pplication, the department will include the reasons for denial; (7) the department will keep for five years any record and submit to the federal administrator any information that the federal administrator may reasonably require to ascertain whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661 – 7661f (Title V, Clean Air Act).

( l ) Significant permit modifications. If an existing Title V permit prohibits construction or a change in operation for which a permit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant permit modification to the Title V permit before commencing operation that incorporates the construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190

AS 46.14.010 AS 46.14.150 AS 46.14.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

18 AAC 50.330. Operating permits: exemptions . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335. Operating permits: application . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Regist er 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction, minor and operating permits: standard permit

conditions. (a) Subsections (b) – (o) of this section set out standard permit conditions that the department will include in each operating permit. The department may include the conditions set out in (c)(1) and (2) and (d) – (o) of this section in each minor permit and construction permit. The conditions set out in (m) – (o) of this section do not apply to visible emissionsRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

83 observations by smoke readers, except in connection with required particulate matter testing.

(b) Compliance with permit terms and conditions is considered to be in compliance with those requirements that are

(1) included and specifically identified in the permit; or

(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance with a permit term or condition constitutes a violation of AS 46.14, this chapter, and, except for those terms or conditions designated in the permit as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, or modification in accordance with AS 46.14.280; or

(3) denial of an operating permit renewal application.

(d) It is not a defense in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a permit

term or condition.

(e) Each permit term and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit

condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.

(h) The permittee shall allow the department or an inspector authorized by the department, upon presentation of credentials and at reasonable times with the consent of the

owner or operator to

(1) enter upon the premises where a source subject to the permit is located or where records required by the permit are kept;

(2) have access to and copy any records required by the permit;

(3) inspect any stationary source, equipment, practices, or operations regulated by or referenced in the permit; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

84 (4) sample or monitor substances or parameters to assure compliance with the permit or other applicable requirements.

(i) The permittee shall furnish to the department, within a reasonable time, any information that the department requests in writing to determine whether cause exists to modify, revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon request, the permittee shall furnish to the department copies of records required to be kept by the permit. The department may require the permittee to furnish copies of those records directly to

the federal administrator.

(j) The permittee shall certify any permit application, report, affirmation, or compliance certification submitted to the department and required under the permit by including the signature of a responsible official for the permitted stationary source following the statement: “Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other documents must be certified upon

submittal.

(k) In addition to any source testing explicitly required by the permit, the permittee shall conduct source testing as requested by the department to determine compliance with applicable permit requirements.

( l ) The permittee may request an extension to a source test deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department ’s appropriate division director or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how the source will operate during the test and how the permittee will document that operation. The permittee shall submit a complete plan within 60 days after receiving a request under (k) of this section and at least 30 days before the scheduled date of any test unless the department agrees in writing to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source test, the permittee shall give the department written notice of the date and the time the source test will begin.

(o) Within 60 days after completing a source test, the permittee shall submit two copies

of the results in the format set out in the Source Test Report Outline , adopted by reference in 18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section. If requested in writing by the department, the permittee must provide preliminary results in a shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140Register 196, January 2011 ENVIRONMENTAL CONSERVATION

85 AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

18 AAC 50.346. Construction and operating p ermits: other permit conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. The department’s Standard Permit Condition II – Air Pollution Prohibited, as revised as of September 27, 2010, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Title V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of September 27, 2010;

(2) Standard Permit Condition III – Excess Emissions and Permit Deviation Reports, as revised as of September 27, 2010;

(3) Standard Permit Condition IV – Notification Form, as revised as of September 27, 2010;

(4) Standard Operating Permit Condition V – Insignificant Sources, as revised as of September 27, 2010;

(5) Standard Operating Permit Condition VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII – Operating Reports, as revised as of September 27, 2010.

(7) Standard Operating Permit Conditions XIV – Document Submittals and Electronic Copies, as revised as of August 20, 2008;

(8) Standard Operating Permit Condition XV – Emission Inventory Reporting, as revised as of September 27, 2010;

(9) Standard Operating Permit Condition XVI – Emission Inventory Reporting Form, as revised as of September 27, 2010.

(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements of this chapter, the department willRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

86 use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

87 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Sta ndard Operating Permit Condition

-Gas-fired fuel burning equipment, except

flares Standard Operating Permit Condition VIII –

Visible Emissions and Particulate Matter Monitoring Plan for Gas-Fired Fuel Burning Equipment, August 25, 2004

–Stationary diesel engines

–Liquid-fired stationary turbines

–Other liquid-fired fuel burning equipment Standard Operating Permit Condition IX –

Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units, September 27, 2010

–Coal fired boilers

–Coal handling equipment

–Construction of gravel pads or roads that are

part of a permitted stationary source, or other construction that has the potential to generate fugitive dust that reaches ambient air

–Commercial, industrial, municipal solid

waste, air curtain, and medical waste

incinerators

–Sewage sludge incinerators not using wet

methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the control of the operator

with frequent vehicle traffic

–Other sources the department finds are likely

to generate fugitive dust Standard Operating Permit Condition X – Reasonable Precautions to Prevent Fugitive Dust, September 27, 2010Register 196, January 2011 ENVIRONMENTAL CONSERVATION

88 –Fuel burning equipment burning liquid fuel St andard Operating Permit Condition XI – SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII –

SO 2 Material Balance Calculation, August 25,

2004

–Coal fired boilers Standard Operating Permit Condition XIII – Coal Fired Boilers, August 20, 2008

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.250

AS 46.14.020 AS 46.14.140

18 AAC 50.350. Operating permits: content. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.355. Changes to a permitted facility . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360. Facility changes that violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; re pealed 10/1/2004, Register 171)

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/ 21/98, Register 146; repealed 10/1/2004, Register 171) 18 AAC 50.380. General operating permits . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; repeal ed 10/1/2004, Register 171)

18 AAC 50.385. Permit-by-rule for certain small storage tanks . Repealed. (Eff. 6/21/98, Register 146; repeal ed 10/1/2004, Register 171)Register 196, January 2011 ENVIRONMENTAL CONSERVATION

89 18 AAC 50.390. Permit-by-rule for drilling rigs and associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, Register 171)Register 196, January 2011 ENVIRONMENTAL CONSERVATION

90 Article 4. User Fees

.

Section

400. Permit administration fees 401. Fees for a notice of MACT approval 403. Negotiated service agreements 405. Transition process for permit fees

410. Emission fees 420. Billing procedures 430. Fee appeal procedures 499. Definition for user fee requirements

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of a Title V source described under 18 AAC 50.326 shall pay to the department the annual permit administration fees listed in this subsection. Permittees will be invoiced in July for each period from July 1 through the following June 30. Each annual permit fee is one-fifth of the total original permit cost or total cost of permit renewal. An annual permit fee listed in this subsection for an original permit is applicable for five years following the date of the application for the original permit. An annual permit fee listed in this subsection for renewal of a permit is collected in subsequent years after the fee for an original permit under 18 AAC 50.410(j) is paid in full or after a renewal permit is issued. If a Title V source has been issued a Title V permit before January 29, 2005, the permittee, owner, or operator shall pay the applicable annual fee for permit renewal. The following permit administration fees apply to Title V sources:

(1) for renewal of a permit for an oil-and-gas source with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $2,675; and

(B) annual compliance review fee is $1,895;

(2) for renewal of a permit for a large power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $3,080; and

(B) annual compliance review fee is $1,735;

(3) for renewal of a permit for a small power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,390; and

(B) annual compliance review fee is $1,485;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

91 (4) for renewal of a permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit, the

(A) annual permit fee is $2,045; and

(B) annual compliance review fee is $1,350;

(5) for renewal of a permit for a small power plant, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,565; and

(B) annual compliance review fee is $1,115;

(6) for a Title V source that is operating under the department’s general operating permit for diesel engines, the annual compliance review fee is $730;

(7) for renewal of a permit for a Title V source, other than one described in (1) – (6) of this subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the (A) annual permit fee is $2,090; and

(B) annual compliance review fee is $1,345.

(b) If the permittee, owner, or operator of a Title V source is subject to an annual permit fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance review fees and annual permit fees for original permits are not refundable.

(c) Before the department takes action on any permit application received, and unless the minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50.502 and not subject to (j)(3) – (8) of this section who requests a minor permit must pay a nonrefundable one-time permit fee of $2,665. However, if fast-track procedures are not available under 18 AC 50.542(b)(1), the permittee, owner, or operator must pay, for a stationary source other than one described in 18 AAC 50.502(b), time and other direct costs under (j) of

this section.

(d) If the department prepares a new general operating permit or a new general minor permit, the department will determine the cost of that permit by multiplying the number of hours the department spent to develop the permit by the hourly rate of salary and benefits of the department employees who developed the permit. This cost will be divided by the number of permittees who receive or are expected to receive the permit to determine the permit

administration fee.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

92 (e) The permittee, owner, or operator of a stationary source shall pay an annual compliance fee of $325, to be paid for each period from July 1 through the following June 30, for a stationary source that is not classified as needing a Title V permit and that is

(1) subject to a minor permit under 18 AAC 50.502; the compliance review fee must be paid in addition to the one-time permit fees in (c) of this section or a general minor permit fee in (d) of this section; or

(2) required to have a minor permit under 18 AAC 50.502(b), that is operating under an operating or general permit issued before October 1, 2004.

(f) Before the department take action on any request of application received, the permittee, owner, or operator of a stationary source who requests a minor permit, review, action, or activity described in this subsection must pay a nonrefundable one-time permit fee as follows:

(1) to change a Title I permit or approval to operate by administrative amendment under AS 46.14.285, a permit fee of $465;

(2) to change a Title V permit or approval to operate by administrative amendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e), a permit fee of $225, except as provided in (3) of this
subsection;

(3) to change a Title V permit by administrative amendment to incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $220;

(4) to change an approval to operate under 18 AAC 50.225 by administrative amendment under AS 46.14.285, a permit fee of $465.

(g) After the department completes a review, action or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50. 502, the permittee, owner , or operator will be invoiced for and shall pay a nonrefundable one-time fee as follows:

(1) for department review under 18 AAC 50.345(m) of a source test plan, a fee of $665;

(2) for department review under 18 AAC 50.345(o) of the results of a source test, a fee of $660;

(3) for department intake and processing of an excess emission report or permit deviation report submitted in accordance with a stationary source’s permit, a fee of $15;

(4) for a fee review under 18 AAC 15.190, a fee of $210; the department will waive the fee charged under this paragraph if the outcome of the fee review is a reduction of 50 percent or more in the amount of the disputed fee.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

93 (h) The permittee, owner, or operator of a stationary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(1) for an ORL,

(A) a one-time administrative fee of $2,290, to be paid before the department takes action on any request received; and

(B) an annual compliance review fee of $235, unless the permittee, owner, or operator is required to pay an annual compliance review fee under (a) or (e) of

this section.

(2) for a preapproved emission limit for diesel engines under 18 AAC 50.230(c),

(A) a one-time administrative fee of $85, to be paid before the limit takes
effect; and

(B) an annual compliance review fee of $45;

(3) for a preapproved emission limit for a gasoline distribution facility considered under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A) a one-time administrative fee of $65, to be paid before the limit takes
effect; and

(B) an annual compliance review fee of $60.

(i) Except as provided in (j)(20) of this section, the fee for department approval of open burning under 18 AAC 50.065 is $200.

(j) Unless the designated regulatory service is subject to a fixed fee set out in (a) –(i) of this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 18 AAC 50.403, the permittee, owner, or operator shall pay an hourly permit administration fee for a designated regulatory service. The department will calculate the total amount due under this subsection by multiplying the number of hours spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory service, and by adding to the resulting amount any other direct costs. Designated regulatory services subject to this subsection include regulatory services for

(1) an original permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit;

(2) an original permit for a small power plant with the potential to emit more than 100 and less than 250 tons per year of any one pollutant;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

94 (3) an asphalt plant described in 18 AAC 50.502(b)(1);

(4) a thermal soil remediation unit described in 18 AAC 50.502(b)(2);

(5) a rock crusher described in 18 AAC 50.502(b)(3);

(6) an incinerator described in 18 AAC 50.502(b)(4);

(7) A Port of Anchorage stationary source;

(8) a coal preparation plant;

(9) a minor permit under 18 AAC 50.502(c)(1), if a construction permit is not required under AS 46.14.130(a) for that stationary source;

(10) a minor permit under 18 AAC 50.502(c)(3);

(11) a minor permit establishing or revising a plantwide applicability limitation (PAL) without an ambient air quality analysis;

(12) a minor permit establishing or revising a plantwide applicability limitation (PAL) with an ambient air quality analysis;

(13) an adjudicatory hearing under 18 AAC 15.195 – 18 AAC 15.340, if requested under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the department will hold in abeyance a fee charged under this paragraph during the course of the adjudicatory hearing;

(14) a minor modification to a Title V permit under 40 C.F.R. 71.7(e)(1), adopted by reference in 18 AAC 50.040;

(15) a significant modification to a Title V permit under 40 C.F.R. 71.7(e)(3), adopted by reference in 18 AAC 50.040;

(16) revision or rescission of terms or conditions of a Title I permit;

(17) department observation of a source test conducted;

(18) pre-application assistance, including services under 18 AAC 50.260;

(19) department approval of a modeling protocol;

(20) department approval of open burning under 18 AAC 50.065, if the department determines that smoke incursion into a public place, into an airport, into a Class I area, into a nonattainment area for carbon monoxide or PM-10, or into a maintenance area for carbon monoxide or PM-10 is likely;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

95 (21) compliance and enforcement activities, including preparation of a notice or violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enforcement activities do not include activities after the filing of a complaint in court;

(22) completion of a permitting action that was requested before January 29, 2005, except as provided in 18 AAC 50.405; and

(23) the reopening of permit terms or conditions at the request of the permittee, owner, or operator before issuance of a permit.

(k) In this section,

(1) "airport" has the meaning given in AS 02.25.100;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal-fired boiler;

(ii) the purpose of which is to generate electricity, and that contains a combustion turbine electric generator or natural gas-fired steam plant;

or

(iii) that has a potential to emit a total greater than or equal to 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base;

(B) does not include a Title V source that operates under the department's general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source not described in (2)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natu ral gas, or other petroleum products, or related activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas (LNG) plant; (4) "public place" has the meaning given in AS 46.06.150;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3) of this

subsection

(i) the purpose of which is to generate electricity, and that contains one or more diesel-fired internal combustion engines to generate powerRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

96 (ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total less than 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operates under the department's general permit for diesel engines. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Re gister 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am 7/25/2008, Re gister 187; am 7/1/2010, Register 194)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, Register 171; repealed 1/29/2005, Register 173)

18 AAC 50.403. Negotiated service agreements. If a fixed permit administration fee has not been set under 18 AAC 50.400(a) - (i) for a designated regulatory service, the permittee, owner, or operator of a stationary source may request a negotiated service agreement under AS 37.10.052(b) for that designated regulatory service. If requesting a negotiated service agreement for one or more of the following designated regulatory services, the permittee, owner, or operator must submit a retainer payment of $5,300 per designated regulatory service before the department begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2)(B);

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3) a major modification of a major stationary source;

(4) a construction permit under 18 AAC 50.302 for a new stationary source or modification subject to the construction permitti ng requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5) a permit for the construction of a new stationary source or addition of an emission unit at a stationary source, if the stationary source is

(A) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

97 (6) a major modification of a major stationary source, for which a limit is requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);

(8) the renewal of a Title V permit for a Title V source for which fees are not established under 18 AAC 50.400(a);

(9) a notice of MACT approval under 18 AAC 50.321. (Eff. 1/29/2005, Register 173; am 12/3/2005, Register 176; am 7/1/2010, Register 194)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.405. Transition process for permit fees. For a permit issued under this chapter, if the applicant has submitted an application before January 29, 2005 and the department has not yet worked on that permit application, at the request of the applicant, the department will process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499 in effect on January 29, 2005. Any retainer submitted before January 29, 2005 will be applied to any fees effective after January 29, 2005. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 46.03.020 AS 46.14.240

AS 44.46.025 AS 46.14.140

18 AAC 50.410. Emission fees. (a) For each period from July 1 through the following June 30, the permittee, owner, or operator shall pay to the department an annual emission fee based on the stationary source’s assessable emissions for that year for each stationary source that is subject to a permit under this chapter. The emissions fee is assessed per ton for each air pollutant for which projected emissions are 10 tons per year or greater, except as limited under AS 46.14.250(e).

(b) Except as provided in (c), (f), and (g) of this section, emission fees will be assessed

as follows:

(1) for stationary sources required to obtain an operating permit under AS 46.14.130(b), an emission fee rate of $28.57 per ton; of that per ton amount, $19.32 will be allocated to the clean air protection fund under AS 46.14.260, and $9.25 will be allocated to the emission control permit receipts account under AS 46.14.265;

(2) for stationary sources not subject to (1)(A) of this subsection but otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $9.25 per ton, which will be allocated to the emissions control permit receipts account under

AS 46.14.265.

(c) The quantity of emissions for which fees will be assessed is the lesser of theRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

98 stationary source’s

(1) potential to emit; or

(2) projected annual rate of emissions, as that term is used in AS 46.14.250, if demonstrated by (A) an enforceable test method described in 18 AAC 50.220;

(B) material balance calculations;

(C) emission factors from EPA’s Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources , adopted by reference in 18 AAC 50.035; or

(D) other methods and calculations approved by the department.

(d) For a stationary source that needs an operating permit only because that source contains an emission unit that is subject to a federal emission standard under 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are subject to emission fees under (b)(1) of this section.

(e) In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall account for emissions from equipment classified under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a minor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(6) but not requi red to obtain an operating permit under AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal year following the state fiscal year in which the permit was issued. The emission fee is based on assessable emissions for the state fiscal year being assessed and is billed in July of that year. The entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The annual emission fee rate is $9.25

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the emission fee is allocated to the emission control permit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notification for operation that will occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and (3) at the following rates for a single portable oil and gas operation for which the owner or operator submits a new application or notification for operation under the generalRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

99 minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,

(i) $1,336 for operation at one or more ice pads during a winter drilling season;

(ii) $4,008 for operation during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in (A) of this paragraph,

(i) $1,245 for drilling five or fewer wells under the same application or notification during a state fiscal year;

(ii) $2,490 for drilling no fewer that six and no more than 10 wells under the same application or notification during a state fiscal year;

(iii) $3,735 for drilling 11 or more wells under the same application or notification during a state fiscal year.

(h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Re gister 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Regist er 176; am 12/14/2006, Register 180; am 6/18/2009, Register 190; am 7/1/2010, Register 194)

Authority : AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with AS 46.14.250. The department will bill fixed permit administration fees under AS 46.14.240 and 18 AAC 50.400(a) - (i)

(1) on or before the 15th of July; or

(2) quarterly on or before January 15, April 15, July 15, and October 15 if requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the department will bill permit administration fees for designated regulatory services rendered during the preceding month under 18 AAC 50.400(j). However, for reviews of excess emission reports, the department will bill on a semiannual basis if requested in writing by the person required to pay the fee.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

100 (c) Fees assessed under this chapter are due within 60 days after the billing date. A payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430. Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in equal quarterly installments if

(1) the fee exceeds $1,000; and

(2) a written request is submitted to the department with the first installment before the due date described in (c) of this section.

(e) If installment payments are requested under (d) of this section, the remaining three installments, including interest accrued as described in (c) of this section, must be paid on or before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emissions through a permit revision shall pay to the department an emission fee for the increase in assessable emissions; the fee is due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permit revision may request a prorated refund or credit to the stationary source's fee account toward

future fees.

(g) The owner, operator, or permittee who terminates operations or whose permit has lapsed or is terminated by the department may request a refund calculated by the department for fees collected in excess of the amount due for the stationary sources' actual emissions.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission fees or permit administration fees will be sent to the last known address of the stationary source that is subject to the fee. In an invoice, the department will include an itemized list of charges and credits for the billing period and a calculation of total credit balance or amount due on the account. For permit administration fees for designated regulatory services under 18 AAC 50.400(j), the department will also include as part of the itemized list the

(1) date on which the task was performed and a description of the task;

(2) name of the individual who performed the task; and

(3) time spent on the task on that date and the charge for the task, determined under 18 AAC 50.400(j). (Eff. 1/18/97, Regist er 141; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Regi ster 173; am 7/1/2010, Register 194)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250Register 196, January 2011 ENVIRONMENTAL CONSERVATION

101 AS 46.03.020 AS 46.14.240 AS 46.14.255

18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who disputes the computation of charges may request

review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

(c) Repealed 7/11/2002. (Eff. 1/18/97, Re gister 141; am 7/11/2002, Register 163)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240

18 AAC 50.499. Definitions for user fee requirements. In 18 AAC 50.400 – 18 AAC 50.499, unless the context requires otherwise,

(1) “designated regulatory service” has the meaning given in AS 37.10.058;

(2) “direct cost” has the meaning given in AS 37.10.058;

(3) “hourly rate of salary and benefits” has the meaning given in AS 37.10.058. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058Register 196, January 2011 ENVIRONMENTAL CONSERVATION

102 Article 5. Minor Permits.

Section

502. Minor permits for air quality protection 508. Minor permits requested by the owner or operator 509. Construction of a pollution control project without a permit 540. Minor permit: application 542. Minor permit: review and issuance 544. Minor permits: content 546. Minor permits: Revisions 560. General minor permits

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is required as described in (b) - (f) of this section, except that a permit is not required under this

section (1) before construction, modification, or relocation of a new major stationary source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of the major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before relocation if the stationary source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a minor permit under this section before construction, operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five tons per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capacity of at least five tons per hour;

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour;

(5) a coal preparation plant; orRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

103 (6) a Port of Anchorage stationary source.

(c) The owner or operator must obtain a minor permit under this section before

(1) beginning actual construction of a new stationary source with a potential to emit greater than (A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(C) 40 TPY of sulfur dioxide;

(D) 0.6 TPY of lead; or

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon monoxide nonattainment area; or

(2) beginning actual construction or, if not already authorized in a permit under this chapter, beginning relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit developed for the portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; orRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

104 (iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a nonattainment area; or

(B) actual emissions and a net emissions increase greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon monoxide nonattainment area.

(d) An owner or operator may satisfy the requirement for a minor permit under this section through a stationary source-specific permit issued under 18 AAC 50.540 – 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source listed in (b) of this section

(1) if operating under an operating permit issued before October 1, 2004 may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department takes an action under AS 46.14.280; or

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for and operate under a general operating permit that was issued before October 1, 2004 and that has not expired or been revoked by the department as of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department takes action under AS 46.14.280; or

(B) apply for a new permit under this section at any time.

(e) For the purposes of (c)(3)(B) of this section, actual emissions shall be calculated by comparing projected actual emissions to the baseline actual emissions. In determining the projected actual emissions, before beginning actua l construction, the owner or operator of the stationary source shall

(1) consider all relevant information, including historical operational data, the owner’s or operator’s own representations, the owner’s or operator’s expected business activity and the owner’s or operator’s highest projections of business activity, the owner’s or operator’sRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

105 filings with the state or federal regulatory authorities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emi ssions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline

actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permit applicability for a modification on a calculation of actual emissions, if the project does not need a minor permit based on that calculation, and if a reasonable possibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a description of the applicability test used to determine that the project is not a modification subject to (c )(3) of this section for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information listed in(1) of this subsection to the department;

(3) the owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at that emission unit;

(4) if the emission unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of eachRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

106 year during which records must be generated under (3) of this subsection setting out the unit's annual emissions during the calendar year that preceded submission of the report.

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the report shall be submitted to the department within 60 days after the end of that year; the report must contain the following:

(A) the name, address, and telephone number of the stationary source;

(B) the annual emissions as calculated under (3) of this subsection;

(C) any other information that the owner or operator wishes to include in the report.

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

(h) For the purposes of this section

(1) “baseline actual emissions” has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that definition the term “major stationary source” is revised to read “stationary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) “net emissions increase” has the meaning given in 40 C.F.R. 52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net emissions increase” applies to

(A) any increase in emissions of an air pollutant at a stationary source with existing emissions of that air pollutant greater than the amounts listed in (c)(1) of this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)( a ), “net emissions increase” is not restricted to a significant emissions increase or significant net emissions increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40), or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit under (c)(3) of this section, rather than whether the modification is a major modification;

(4) “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emit a regulated NSR pollutant in any one of theRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

107 five 12-month periods following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Regi ster 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.508. Minor permits requested by the owner or operator. An owner or operator may request a minor permit from the department for

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revised under this chapter;

(4) establishing actual emission reductions from an existing stationary source if requested by that source’s owner or operator to offset an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary source;

(B) major modification; or

(C) PAL major modification;

(5) establishing an owner requested limit (ORL) to avoid on or more permit classifications under AS 46.14.130 at a stationary source that will remain subject to at least one permit classification; a limitation approved under an ORL is an enforceable limitation for the purpose of determining

(A) stationary source-specific allowable emissions; and

(B) a stationary source’s potential to emit; or

(6) revising or rescinding the terms and conditions of a Title I permit issued under this chapter, except as provided under 18 AAC 50.510. (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170Register 196, January 2011 ENVIRONMENTAL CONSERVATION

108 AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.509. Construction of a pollution control project without a permit. Repealed. (Eff. 10/1/2004, Register 171; repealed 7/25/2008, Register 187)

18 AAC 50.510. Minor permit – Title V permit interface. A term or condition established in a minor permit issued under 18 AAC 50.542 and identified in the minor permit as solely necessary to meet a Title V operating permit requirements to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040(j), is considered a Title V permit or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff. 12/9/2010)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.540. Minor permit: application. (a) Application information. An application for a stationary source-specific minor permit must provide all of the information required by this section, including all information required by the applicable listed forms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department’s determination. Applications must be on department forms.

(b) General information. Each application must include the information prescribed by

the Stationary Source Identification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit application under 18 AAC 50.502 must include

(1) the information required in the following forms, included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Summary Form ; and

(2) for a permit for construction, modification, or relocation of a stationary source, a demonstration in accordance with 18 AAC 50.215(b) – (e) that the proposed potential emissions from the stationary source will not interfere with the attainment or maintenance of the ambient air quality standards; the ambient demonstration must follow an approved modeling protocol if the department requests a modeli ng protocol for demonstrating compliance withRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

109 ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification does not need an ambient analysis to determine that construction and operation will not result in a violation of an ambient air quality standard, the application must include an ambient analysis for

(A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and gas operation; (C) sulfur dioxide for a stationary source in an sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(D) an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b).

(d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilometers of a nonattainment area, an application must include a demonstration that the potential to emit carbon monoxide emissions from construction and operation of the stationary source or emissions increase from the modification will not cause or contribute to a violation of the ambient air quality standard for

carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stationary source, the application must include the information required in the department’s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by

reference in 18 AAC 50.030.

(f) Repealed 7/25/2008.

(g) Repealed 7/25/2008.

(h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions under the PAL will not cause or contribute to a violation of ambient air quality standards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or operational limitations necessary to provide actual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representing that quantity of emission reduction.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

110 (j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) must include the information and materials required under 18 AAC 50.225(b)(2) – (6) and (8).

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must

include

(1) a copy of the Title I permit that established the permit term or condition;

(2) an explanation of why the permit term or condition should be revised or rescinded;

(3) the effect of revising or revoking the permit term or condition on

(A) emissions;

(B) other permit terms;

(C) the underlying ambient demonstration, if required under (c)(2) of this section; and

(D) compliance monitoring; and

(4) for a condition that allows an owner or operator to avoid a permit classification, the information required of an applicant for that type of permit, unless the revised condition would also allow the owner or operato r to avoid the classification. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance procedure options. The department will use either the fast-track procedures in (b) and (c) of this section, or the procedures in (d) of this section to issue a stationary source-specific minor permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of this section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B) in a sulfur dioxide special protection area established underRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

111 18 AAC 50.025(c);

(C) in the Nikiski Industrial Area;

(D) on an offshore platform;

(E) in the Municipality of Anchorage;

(F) in the City of Fairbanks;

(G) within Fort Wainwright; or

(H) within Eielson Air Force Base; or

(2) a person requests a public comment period under (b)(1) of this section.

(b) Fast-track procedures. Fast-track procedures for minor permits under

18 AAC 50.502 are as follows:

(1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified, and by other means the department finds necessary for informing the public; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; in the notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day public comment period under (d) of this section; if a comment period is requested, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b), the application must include a screening ambient air quality analysis in accordance with (c) of this section, unless the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard; (4) the fast-track procedures are available only if all predicted air pollutant concentrations meet the compliance criteria in (c)(2) of this section;

(5) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days after receiving the application.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

112 (c) Screening ambient air quality analysis. A screening ambient air quality analysis under (b)(3) of this section

(1) must

(A) follow a modeling protocol developed by the department or otherwise approved by the department that is suitable for fast-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the resulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorological data approved by the department for the fast-track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, the predicted ambient air concentration from the stationary source, excluding offsite or background contributions, does not exceed 2/3 of each ambient standard for PM-10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen oxides;

(B) for a modification, the predicted concentration resulting from the increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d); or

(C) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification and, the sum of the highest ambient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described in (A) of this paragraph.

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not

available: (1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance with AS 46.14.160(c), the department will make a preliminary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department’s preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit

comments; (B) the department will give notice

(i) using the Alaska Online Public Notice System established under AS 44.62.175;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

113 (ii) by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing the public;

(C) the department will make available for public inspection in at least

one location in the affected area

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department’s preliminary approval or denial; and

(iv) if the department proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decision to approve the application only if the application includes all information required by 18 AAC 50.540, and the department finds that the approval criteria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure compliance with this chapter;

(2) the department will notify the applicant, and any person who commented on the department’s preliminary decision, of the depa rtment’s final decision to approve or deny the permit application; a person described in AS 46.14.200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; in a notification of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V p ermit by administrative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by administrative

amendment if (1) the minor permit is issued using procedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both

18 AAC 50.544 and 18 AAC 50.326.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

114 (f) Approval criteria. The department will

(1) deny a minor permit application for a stationary source or modification classified under 18 AAC 50.502 if the department finds that construction and operation will

result in a violation of

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and operation of the stationary

source will cause an ambient concentration that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045 – 18 AAC 50.090;

(4) repealed 7/25/2008;

(5) repealed 7/25/2008;

(6) approve a minor permit for establishing or revising a PAL, if the department finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5), if the department finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chapter.

(g) Duration . A minor permit issued under this section remains in effect until changedRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

115 by another Title I permit or by an action by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions established under 18 AAC 50.201, as applicable;

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source;

(5) include the standard permit conditions in 18 AAC 50.345, as applicable;

(6) include conditions as necessary to protect ambient air quality; and

(7) include, as needed, conditions required under 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operator request to add the conditions of a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e).

(b) In each minor permit under 18 AAC 50.502(b), the department will include

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will meet the requirements of AS 46.14 and this chapter, including terms

and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by theRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

116 department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) a permit condition requiring the owner or operator to

(A) perform regular maintenance considering the manufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance that would have a significant effect on emissions; the records may be kept in an electronic format; and

(C) keep a copy of either the manufacturer’s or the operator’s maintenance procedures.

(c) In each minor permit under 18 AAC 50.502(c), the department will include

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will not cause or contribute to a violation of any ambient air quality standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and conditions requiring performance tests for emission limits under 18 AAC 50.050 – 18 AAC 50.090; and

(3) terms and conditions requiring maintenance of equipment according to the manufacturer’s or operator’s maintenance procedures, including requirements to keep a copy of either the manufacturer’s or the operator’s maintenance procedures.

(d) For each stationary source that is not subject to Title V permitting underRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

117 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still accurately described by the application and minor permit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under this chapter. In the minor permit, the department will set out a time period between required affirmations as appropriate to the stationary source regulated by the minor permit.

(e) Repealed 7/25/2008.

(f) In a minor permit that establishes or revises a plantwide applicability limitation (PAL), the department will include

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 18 AAC 50.040; and

(2) conditions as the department considers necessary to prevent emissions under the PAL from causing or contributing to a violation of an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations, intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions.

(h) In each minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5), the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and reporting requirements;

(2) list all equipment covered by the ORL; and

(3) describe each permit classification under AS 46.14.130 that the ORL allows the owner or operator to avoid.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or conditions of a Title I permit, the department will include terms and conditions as necessary toRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

118 ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this chapter. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until the owner or operator obtains

(A) a new construction permit or minor permit under this chapter as if the limit had never existed; or

(B) under this section or under 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; or

(2) made it possible to avoid a Title V permit, the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff.10/1/2004, Register 171; am 12/1/2004, Re gister 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Re gister 188; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor permit, either at the request of the permittee or on the department’s own initiative, in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the department may revise non-substantive elements of a minor permit without further admi nistrative procedures. (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.560. General minor permits. (a) Criteria. The department may issue a general minor permit to allow construction or operation of stationary sources or emission units

that (1) require a minor permit;

(2) involve the same or similar types of operation;

(3) involve the same type of emissions; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

119 (4) are subject to similar air quality control requirements.

(b) General minor permit issuance procedures. To issue a general minor permit, the department will provide notice and opportunity for public comment on the department’s proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has requested to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that would qualify under the general minor permit;

(B) the results of any department analysis on the effect on air quality;

(C) the reasons for the department’s proposed action;

(D) a copy of the proposed permit and of the proposed application or notification form;

(E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and

(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each general minor permit. This may include an online or electronic form. The forms will identify the information that an applicant must provide to operate under the general minor permit, including

(1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to show that the stationary source meets the qualifying criteria or a term or condition of the general minor permit, the department will requireRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

120 that location information required under this subsection or under (d) – (g) of this section include a map and scale drawing;

(2) any information that is necessary to determine that the stationary source qualifies for the general minor permit;

(3) identification of all equipment to be operated under the general minor permit;

and (4) a certification by the applicant that the stationary source is capable of complying with all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or operate under a general minor permit, the owner or operator must submit the appropriate completed application or notification form for the specific stationary source type. In a general minor permit, the department will specify whether the applicant must submit a complete notification form and operate in compliance with the general minor permit, or whether the applicant must also obtain department approval under (e) of this section to operate under the general minor permit. If the general minor permit requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of the application that

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general minor permit. Approval to construct or operate under the general minor permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and if the stationary source meets all of the qualifying criteria and operates in compliance with the general minor permit, the owner or operator may construct or operate under the permit immediately after the department receives a completed notification form. The general minor permit authorizes construction or operation only for

(1) equipment identified in the application or notification; and

(2) a location identified under (c), (f), or (g) of this section.

(f) General minor permit content. In a general permit the department will set out

(1) criteria that must be met in order for a stationary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before commencing construction or operation under the general minor permit, if the location is not provided in the application or notification;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

121 (3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notification form and procedures for a change in location; and

(5) any other terms and conditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general minor permit at additional locations not identified in the permit application or notification if the

(1) permittee notifies the department by submitting a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit’s qualifying criteria at each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140 AS 46.14.211

AS 46.14.020 AS 46.14.150 AS 46.14.250

AS 46.14.120 AS 46.14.170Register 196, January 2011 ENVIRONMENTAL CONSERVATION

122 Article 6. (Reserved)Register 196, January 2011 ENVIRONMENTAL CONSERVATION

123 Article 7. Conformity

.

Section 700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 705. Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of responsible agency 710. Transportation conformity: incorporation by reference of federal regulations 715. Transportation conformity: interagency consultation procedures 720. Transportation conformity: public involvement 725. General conformity: incorporation by reference of federal regulations 730. General conformity: mitigation of air quality impacts 735. General conformity: frequency of conformity determinations

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 . The purpose of

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, program project, or federal action within a nonattainment or maintenance area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally-funded or federallyapproved; or (2) the project is nonfederally funded but is a regionally significant project that is funded, adopted, or approved by a current or pr ior recipient of funds under 23 U.S.C. or 49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations of responsible agency. (a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to

(1) a transportation plan, program, or project within a nonattainment or maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 5338; or (2) a project that is nonfederally funded, but that is a regionally significant project funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act)

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all federally-funded or approved actions within a nonattainment or maintenance area not described in (a) of this

section.

(c) It is the obligation of the responsible agency to meet the applicable requirements of 18 AAC 50.700 - 18 AAC 50.735. For purposes of

(1) transportation conformity under 18 AAC 50.710 – 18 AAC 50.720, “responsible agency” means the agency thatRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

124 (A) receives or manages the federal money for the transportation plan, program, or project referred to in (a) of this section;

(B) develops the transportation plan, program, or project referred to in (a) of this section; or

(C) funds, adopts, or approves a nonfederal, regionally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53;

(2) general conformity under 18 AAC 50.725 – 18 AAC 50.735, “responsible agency” means the federal agency that is responsible for the funding or for approval of the action referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: incorporation by reference of federal regulations. An agency subject to 40 C.F.R. Part 93 shall comply with the following federal regulations, as revised as of July 1, 2009, adopted by reference:

(1) 40 C.F.R. 93.100 (Purpose);

(2) 40 C.F.R. 93.101 (Definitions);

(3) 40 C.F.R. 93.102 (Applicability);

(4) 40 C.F.R. 93.103 (Priority);

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations);

(6) 40 C.F.R. 93.106 (Content of transportation plans);

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, programs, and projects: General);

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model);

(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation);

(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of TCMs);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

125(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and proce dures: Projects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO, PM-10, and PM2.5 violations (hot spots));

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM-10 and PM-2.5 control measures);

(18) 40 C.F.R. 93.118 (Criteria and procedures: Motor vehicle emissions budget); (19) 40 C.F.R. 93.119 (Criteria and procedures: Interim emissions in areas without motor vehicle emissions budgets);

(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan failures); (21) 40 C.F.R. 93.121 (Requirements for adoption or approval of projects by other recipients of funds designated under title 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Laws);

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportationrelated emissions); (23) 40 C.F.R. 93.123 (Procedures for determining localized CO, PM-10, and PM-2.5 concentrations (hot-spot analysis));

(24) 40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the applicable implementation plan (or implementation plan submission));

(25) 40 C.F.R. 93.125 (Enforceability of design concept and scope and projectlevel mitigation and control measures);

(26) 40 C.F.R. 93.126 (Exempt projects);

(27) 40 C.F.R. 93.127 (Projects exempt from regional emissions analyses); and

(28) 40 C.F.R. 93.128 (Traffic signal s ynchronization projects). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

Editor's note: The regulations of the Federal Highway Administration and the Federal Transit Authority concerning fiscal constraint referred to in 18 AAC 50.710(8) may be found at 23 C.F.R. 450.216(m), 23 C.F.R. 450.322(f)(10), and 23 C.F.R. 450.324.(h).Register 196, January 2011 ENVIRONMENTAL CONSERVATION

126 18 AAC 50.715. Transportation conformity: interagency consultation procedures. (a) Before issuing a final conformity determination under 18 AAC 50.700 - 18 AAC 50.720, the responsible agency described in 18 AAC 50.705(c)(1), shall

(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regiona lly significant project that is not funded under 23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for which alternative locations, design concept and scope, or the no-build option are still being considered;

(2) prepare a preliminary interagency discussion draft, a public review draft, and a final draft of the conformity determination through the interagency consultation process described in (b) - (g) of this section with staff of

(A) the department;

(B) the local air quality planning agency;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency;

(E) any agency created under state law that sponsors or approves transportation projects;

(F) the United States Environmental Protection Agency;

(G) the Federal Highway Administration;

(H) the Federal Transit Administration; and

(3) make the public review draft of th e conformity determination available for public review and comment as required in 18 AAC 50.720.

(b) A staff member of the responsible agency shall

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a preliminary interagency discussion draft of the conformity determination, including necessary supporting information;

(2) ensure that all documents and information relevant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written agency comments and written responses must be included in the record of any conformity decision or action.Register 196, January 2011 ENVIRONMENTAL CONSERVATION

127 (c) In preparing the preliminary interagency discussion draft, a staff member of the responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traffic demand and regional emissions model, and associated methods and assumptions to be used in a hot-spot analysis or a regional emissions analysis; (2) determine which minor arterials and other projects should be considered regionally significant for purposes of a regional emissions analysis, in addition to those regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise exempt from the requirements of 18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions impacts or other adverse emissions impacts might exist for any reason;

(4) determine, as required by 40 C.F.R. 93.113(c)(1), adopted by reference in 18 AAC 50.710, whether past obstacles to implementation of a transportation control measure (TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710, that is behind the schedule established in the state implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs; the interagency consultation process must also consider whether delays in TCM implementation necessitate a revision to the state implementation plan to remove or to substitute a TCM or other emission reduction measures;

(5) determine, as required by 40 C.F.R. 93.121, adopted by reference in 18 AAC 50.710, (A) that a regionally significant project

(i) is included in a regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not included in the TIP for the purposes of project selection or endorsement; and

(ii) design concept and scope have not changed significantly from those included in the transportation plan, TIP, or regional emissions analysis; or

(B) that, based on the requirements for a project that is not from a conforming transportation plan and TIP, as specified in 40 C.F.R. 93.118 and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710,

(i) there is a currently conforming transportation plan and TIP, and a new regional emissions analysis that includes the regionally significant project; and (ii) the currently conforming transportation plan and TIP will still conform if the regionally significant project is implemented;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

128 (6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 50.710, projects located at sites

(A) within a PM-10 nonattainment area identified in 18 AAC 50.015(b)(2), or within a PM-2.5 nonattainment area, if any, identified in 18 AAC 50.015(b)(2); and

(B) that have vehicle and roadway emission and dispersion characteristics essentially identical to those at sites that have air quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis;

and

(7) notify staff of participating agencies of any revision or amendment to a transportation plan or TIP that merely adds or deletes an exempt project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC 50.710.

(d) In addition to the consultation described in (c) of this section, a staff member of the responsible agency shall consult with staff of the state and local agencies listed in (a)(2) of this

section to (1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, adopted by reference in 18 AAC 50.710;

(2) consider an emissions analysis for transportation activities that extend beyond the boundaries of a local governing body, nonattainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model development by the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing body and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance

area. (f) After completing the interagency consultation process, the responsible agency shall prepare the public review draft of the conform ity determination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.

(g) After opportunity for public review and comment on the public review draft of the conformity determination, the responsible agency shall

(1) prepare a final draft of the conformity determination in consultation with staff of the participating agencies; and

(2) after the consultation described in (1) of this subsection, issue the finalRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

129 conformity determination to the agencies listed in (a)(2) of this section and provide the supporting information upon request.

(h) The department will refer to the governor for resolution any conflict between state agencies or between state and local agencies that cannot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days after notification or a determination that the conflict cannot be resolved. A conformity determination that is the subject of a conflict resolution under this subsection must have the governor's concurrence to be considered final. The department will provide the participating agencies with a copy of its referral to the governor. The governor may delegate the role of resolving a conflict under this subsection and deciding whether to concur in the conformity determination to a state official or agency other than the department , the Alaska Department of Transportation and Public Facilities, or a state transportation boa rd or commission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public involvement . (a) The responsible agency referred to in 18 AAC 50.705(c) shall establish a public involvement process to provide opportunity for public review and comment on the public review draft of the conformity determination before the agency issues a final conformity determination. As required under 40 C.F.R. 93.112, adopted by reference in 18 AAC 50.710, the public involvement process must be consistent with the requirements of 23 C.F.R. 450.316(a), 23 C.F.R. 450.322(i), and 23 C.F.R. 450.324(b), as revised as of April 1, 2009.

(b) The responsible agency shall

(1) subject to (d) of this section,

(A) receive written comments on the public review draft of the conformity determination; and

(B) hold a public hearing or meeting

(i) for a transportation plan or transportation improvement

program; (ii) for a project that is not included in a transportation plan or transportation improvement program, but that is within a designated nonattainment area listed under 18 AAC 50.015(b) or designated maintenance area listed under 18 AAC 50.015(d); or

(iii) if a written comment received under (A) of this paragraph requests a public hearing or meeting for a regionally significant project;

(2) consider all comments received and prepare a written summary analysis of significant comments; andRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

130 (3) specifically address in the summary analysis all public comments concerning known plans for a regionally significant project that may not have been properly reflected in the emissions analysis used to support a proposed conformity finding for a transportation plan or TIP, regardless of whether the regionally signi ficant project is receiving federal funding or approval.

(c) Opportunity for public involvement under this section must include access to information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination.

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with the public involvement process under that law constitutes compliance with (a) – (c) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.725. General conformity: incorporation by reference of federal regulations . In addition to the other requirements of 18 AAC 50.725 - 18 AAC 50.735, a federal agency described in 40 C.F.R. 51.853(b) - (j), as amended through December 1, 1994, shall comply with the following federal regulations, as amended through December 1, 1994, which are incorporated by reference in this chapter:

(1) 40 C.F.R. 51.850 (Prohibition);

(2) 40 C.F.R. 51.852 (Definitions);

(3) 40 C.F.R. 51.853(b) - (j) (Applicability);

(4) 40 C.F.R. 51.854 (Conformity analysis);

(5) 40 C.F.R. 51.855 (Reporting requirements);

(6) 40 C.F.R. 51.856 (Public participation);

(7) 40 C.F.R. 51.858 (Criteria for determining conformity of general federal actions); and

(8) 40 C.F.R. 51.859 (Procedures for conformity determinations of general federal actions). (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 196, January 2011 ENVIRONMENTAL CONSERVATION

131 18 AAC 50.730. General conformity: mitigation of air quality impacts . (a) The federal agency referred to in 18 AAC 50.725 shall identify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal action;

(2) the estimated emission reduction available from an identified mitigation measure; and

(3) the process for implementing a mitigation measure including, as applicable,

(A) a description of the funding source for the mitigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; and

(C) the process for tracking emission reductions from a mitigation

measure.

(b) If a mitigation measure involves a separate person or agency, the federal agency making the conformity determination shall, before determining that the proposed federal actionis in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment. A person or agency committing to a mitigation measure under this subsection shall comply with the written obligations stated in the commitment.

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the license, permit, or authorization to fully implement the mitigation measure as a condition for continued approval of the license, permit, or authorization.

(d) A federal agency may modify a mitigation measure if that agency

(1) concludes that the proposed modification supports the conformity determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50.725;

(2) issues a public notice of the proposed modification, using the public participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725;

and (3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 196, January 2011 ENVIRONMENTAL CONSERVATION

132 18 AAC 50.735. General conformity: frequency of conformity determinations. (a) The conformity status of a federal action lapses five years after the date that a final conformity determination is reported to the department unless

(1) the federal action is completed before five years has elapsed; or

(2) the federal agency has commenced a continuous program to implement the

action within a reasonable time.

(b) An ongoing federal action showing continuous progress is not considered a new action and does not require a periodic redetermination required by this section if the emissions associated with the activity are within the scope of the final conformity determination reported in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c) If, after the final conformity determination is made, the federal action is changed so

that there is an increase in the total of direct or indirect emissions above the levels set in 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 196, January 2011 ENVIRONMENTAL CONSERVATION

133 Article 8. (Reserved)Register 196, January 2011 ENVIRONMENTAL CONSERVATION

134 Article 9. General Provisions

.

Section 900. Small business assistance program 910. (Repealed)

990. Definitions

18 AAC 50.900. Small business assistance program. (a) The purpose of the small business assistance program established under AS 46.14.300 is to help small businesses in the state comply with state and federal air quality laws. The department’s The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible small business facility may request a change to a requirement under this chapter that

(1) is a work practice or technological method of compliance; or

(2) sets a schedule of milestones preceding a date for implementing a work practice or technological method of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed change and how the change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submitted as an application for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, and subject to 18 AAC 50.326.

(e) The department will schedule a proposed amendment to this chapter submitted under (d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not

cause a violation of (1) the Clean Air Act;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

135 (2) a federally-enforceable requirement; or

(3) state law. (Eff. 1/18/97, Regi ster 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300

Editor's note : More information on the services provided by the small business assistance program referred to in this section, including details on determining eligibility, may be obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, Alaska 99801-1795, (907) 465-5100. A copy of the program description as it appears in the state air quality control plan, adopted by reference in 18 AAC 50.030, is available from the department's central and regional offices. A copy of the state air quality control plan may be viewed at any department office or at the Office of the Lieutenant Governor.

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.990. Definitions . In this chapter

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) “administrator” means the administrator of the United States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990;

(4) "air curtain incinerator" means a device in which large amounts of combustible materials are burned in a rectangular containment equipped with an overfire air

system; (5) "air pollution" has the meaning given in AS 46.03.900;

(6) "air pollution control equipment" means equipment or a portion of equipment designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement" means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,

(A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitation that is enforceable as a practical matter onRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

136 the emission unit’s potential to emit; and

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the words “or enforceable as a practical matter” are added after “federally enforceable”, as provided in 40 C.F.R. 51.166(w)(2)(ii)( b );

(9) "ambient air" has the meaning given in AS 46.14.990;

(10) "ambient air quality standards" has the meaning given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the stationary source;

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installation” has the meaning given in AS 46.14.990;

(18) “casting off” means the first release of a line securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 15, 1990;

(21) repealed 7/25/2008;

(22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; “coal preparation plant” includes any combination of thermal dryers, pneumatic coal-cleaning equipment, co al processing and conveying equipment, breakers and crushers, coal storage systems, and coal transfer systems within the stationary source;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

137 (23) "commissioner" means the commissioner of environmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a storage tank due to changes in temperature and

pressure;

(25) "construct" or "construction" has the meaning given to “construction” in AS 46.14.990;

(26) "construction permit" has the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environmental Conservation;

(29) "emission" has the meaning given in AS 46.14.990;

(30) "emission limitation" has the meaning given in AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) “emission unit” has the meaning given in AS 46.14.990;

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) repealed 4/1/2010;

(36) “expected number” as that term is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AAC 50.035;

(37) "federal administrator" has the meaning given in AS 46.14.990 and includes the federal administrator’s designee;

(38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression organization within the Department of Natural Resources, United States Forest Service, or United States Bureau of LandRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

138 Management/Alaska Fire Service;

(39) "fuel-burning equipment" means a combustion device capable of emission; “fuel-burning equipment” includes flares; “fue l-burning equipment” does not include mobile internal combustion engines, incinerators, marine vessels, wood-fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of July 1, 2007 and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the stack;

(43) “grate cleaning” means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990;

(45) “hazardous air pollutant major source” has the meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed under natural conditions; in this paragraph, “change in visibility” includes light extinction, at mospheric discoloration, and any other change in visual range, contrast, or coloration;

(48) "incinerator" means a device used for the thermal oxidation of garbage or other wastes, other than a wood-fired heating de vice, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;

(49) "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or “LAER” has the meaning given in 40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" underRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

139 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52) “major stationary source” means

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.165(a)(1)(iv);

(53) “major modification” means

(A) for the purposes of 18 AAC 50.306, a change that meets the definition of “major modification” under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of “major modification” under 40 C.F.R. 51.165(a)(1)(v);

(54) “make fast to the shore” means to secure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control technology” or “MACT” means a maximum achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximum monthly average temperature reported by the National Weather Service;

(58) “minor permit” means a permit issued under 18 AAC 50.502 – 18 AAC 50.560;

(59) "modification" or "modify" has the meaning given to “modification” in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));

(60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302;

(62) “nonattainment area” means, for a particular air pollutant, an area designated as nonattainment for that air pollutant;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

140 (63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of September 18, 2007, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning" means the burning of a material that results in the products of combustion being emitted directly into the ambient air without passing through a stack, flare, vent, or other opening of an emission unit from which an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14.990;

(67) "organic vapors" means any organic compound or mixture of compounds evaporated from volatile liquid or any organi c compound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL major modification” has the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been airborne and exists as a liquid or solid at standard conditions;

(72) "permit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.990;

(74) "petroleum refinery" means a stationary source engaged in the distillation of petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) “plantwide applicability limitation” or “PAL” means an emission limitation expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008; (78) “Port of Anchorage stationary source” means a stationary source located in the Port of Anchorage that contains one or more emission units subject to a standard inRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

141 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning given to the term "potential to emit" in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) "ppm" means parts per million;

(82) "practical means available" means, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmentally acceptable procedure exists, that procedure will be required;

(83) “project” means a physical change or change in the method of operation of an existing stationary source;

(84) “PSD” means prevention of significant deterioration;

(85) “PSD permit” means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, except that for purposes of 18 AAC 50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301, adopted by reference in 18 AAC 50.260(a);

(89) "reduction in visibility" means the obscuring of an observer's vision;

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101 adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;

(92) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 51.166(b)(49);

(93) "responsible official" means

(A) for a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person whoRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

142performs similar policy or decision making functions for the corporation, or a dulyauthorized representative of that person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980
dollars; or

(ii) the delegation of authority to the representative is approved in advance by the department;

(B) for a partnership or sole proprietorship, a general partner or the proprietor, respectively; and

(C) for a public agency, a principal executive officer or ranking elected official; for the purposes of this chapter, a principal executive officer of a federal agency includes the chief executive officer with responsibility for the overall operations of a principal geographic unit in this state;

(94) “reviewing authority” means the department;

(95) “rig day” means each calendar day that a single drill rig is drilling or testing an oil or gas well in normal operation or standby service; “rig day” does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a

source; (98) "small business facility" has the meaning given in AS 46.14.990;

(99) "smolder" means to burn and smoke without flame;

(100) “soot-blowing” means using steam or compressed air to remove carbon from a furnace or from a boiler’s heat transfer surfaces;

(101) "stack" has the meaning given in AS 46.14.990;

(102) "standard conditions" means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury; (103) "startup" meansRegister 196, January 2011 ENVIRONMENTAL CONSERVATION

143 (A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of igniting the engine; and

(B) for all other sources, the setting into operation of a source for any

reason;

(104) "state air quality control plan" means the plan adopted by reference in 18 AAC 50.030;

(105) “stationary source” has the meaning given in AS 46.14.990;

(106) "technology-based emission standard" means

(A) a best available control technology standard with the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for which the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means construction that is completed in 24 months or less from the date construction begins; “temporary construction activity” includes any period of inactivity during that 24-month period;

(108) “thermal soil remediation unit” means a stationary source that causes petroleum contamination to be desorbed from soils by heating the soil in a kiln;

(109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;

(B) construction permit issued before October 1, 2004; or

(C) permit to operate issued before January 18, 1997;

(110) “Title V permit” means a permit required by AS 46.14.130(b);

(111) “Title V source” means a stationary source classified as needing a permit under AS 46.14.130(b);Register 196, January 2011 ENVIRONMENTAL CONSERVATION

144 (112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a

normal and usual manner.

(116) "vapor collection system" means all equipment, ducts, piping, valves, and fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with vola tile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary storage vessel that contains a volatile liquid;

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 51.100(s), as revised as of July 1, 2009, and adopted by reference;

(122) “weighing anchor” means to begin heaving in the anchor with intent to retrieve it and get underway, regardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device" means a device designed for wood combustion so that usable heat is derived for the interior of a building; “wood-fired heating device” includes wood-fired stoves, fireplaces, wood-fired cooking stoves, and combination fuel furnaces or boilers that burn wood; “wood-fired heating device” does not include a device that is primarily a part of an industrial process and incidentally provides usable heat for the interior of a building.

(124) “portable oil and gas operation” means an operation that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portable oil and gas operation” does not include well servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of a flare;Register 196, January 2011 ENVIRONMENTAL CONSERVATION

145 (125) “well servicing activities” means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short and varying periods of time; “well servicing activities” includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) well hot oil units;

(E) well wireline units.

(126) “PAL pollutant” means the pollutant for which a plantwide applicability limitation (PAL) is established at a major stationary source;

(127) “regional administrator” means the administrator of Region X of EPA;

(128) “PM-2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers;

(129) “ozone” means a colorless gas that has a pungent odor and the molecular

form O 3 ; (130) “transportation improvement plan” or “TIP” has the meaning given in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/ 98, Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Re gister 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Regist er 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 12/30/2007, Regist er 184; am 7/25/2008, Register 187; am 4/1/2010, Register 193; am 12/9/2010, Register 196)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560 AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993

Editors note: The July 1, 2009 version of 40 C.F.R. 51.166(b)(49) contains a printing error. The correct definition for “regulated NSR pollutant” may be found in 73 Fed. Reg. 28347 (May 16, 2008).G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 1 of 8 DEC SIP SUBMITTAL

Revisions to 18 AAC 50 Dated July 25, 2008 ; November 9, 2008 ; May 6, 2009; November 4, 2009; April 1, 2010; July 1, 2010;

October 29 , 2010; and December 9

, 2010 All revisions prior to December 9 , 2010, have already been submitted for SIP approval or do not require SIP approval.

PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.005 X Purpose o f chapter 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.010 X Ambient Air Quality

Standards 10/ 1/2004

4/1/10 2/5/07 7/21/98 YES No changes made Adoption of new and

revised standards.

18 AAC 50.015 X Air Quality Classifications 10/ 1/2004

12 / 9 / 2010 2/5/07 2/20/04 YES Addition of PM2.5 nonattainment designation

for Fairbanks and North

Pole

18 AAC 50.020 X Baseline Dates 7/25/2008 2/5/07 6/21/98 YES Formatting corrections to 020(b)(2) and Table 3

18 AAC 50.025 X Visibility & Special Protection 6/21/1998 1/19/99 6/21/98 NO No changes made

18 AAC 50.030 X State Air Quality Control Plan 11/9/2008

, 5/6/09, 11/4/09, 4/1/10, and

10/29/10 2/5/07 10/1 /04 YES Amend adoption by reference date in 030(9) ; 030 amended to update the State Air Quality Cont rol

Plan (multiple changes) and the adoption by reference of the updated Quality Assurance Project

Plan
18AAC 50.030(3) X Port of Anchorage Provisions 7/25/2008 2/5/07 1/18/97 NO Updated language to 030(3);

n o EPA Action Required
18 AAC 50.035 X Docum ents adopted by

reference 7/25/2008

,

11/9/2008

, 4/1/10, and

12 / 9 /2010 2/5/07 12/03/05 YES Updated revision dates of adopted documents in 035(a) and 035(b), added 035(a)(7) and (8); updated adoption dates; updated revision date

in 035(b)G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 2 of 8 PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.040 X Adoption of federal standards 7/25/2008

and

12 / 9 /2010 2/5/07 12/3/0 5 YES Updated revision dates of adopted documents in 040(a)

- (j); repealed (h)(17)

- (19) and (i)(7)

- (9); amended language in (h)(20), (i)(10) ; updated revision dates in 040(a)

- (j); added 040(a)(2)(LL)

- (QQ); added 040(c)(34)

- (35); added

040(j)(9)
18 AAC 50.0 45 X Prohibitions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.050 X Incinerator emission standards 7/25/2008 2/5/07 5/3/02 YES Formatting corrections to Table 4 in 050(b)
18 AAC 50.052 X Repealed 10/ 1/2004 1/19/99 6/21/98 YES EPA must appr ove repeal of previously approved section
18 AAC 50.055 X Industrial processes & fuel

burn ing equipment 7/25/2008

and

12 / 9/ 2010 2/5/07 10/1/04 YES Clarifying language in 055(a)(9)(D) ; amended 055(a)(9)

18 AAC 50.060 X Pulp Mills 1/18/1997 1/19/99 1/18 /97 NO No changes made

18 AAC 50.065 X Open Burning 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.070 X Marine Vessel Visible

Emissions 6/21/1998 1/19/99 1/18/97 NO No changes made

18 AAC 50.075 X Wood fired heating devices 1/18/1997

and

5/ 6/09 1/19/99 1/18/97 NO No changes made

Revisions to CBJ Code

18 AAC 50.080 X Ice Fog (was 50.090) 1/18/1997 2/5/07 1/18/97 YES No changes made

18 AAC 50.085 X Port of Anchorage 1/18/1997 N/A N/A Not part of the SIP; No EPA approval or action needed

18 AAC 50.090 X Port of Anchorage 7/25/2008 N/A 10/1/04 N/A No EPA action needed ; amended to include resting requirements

18 AAC 50.100 X Nonroad engines 10/ 1/2004 2/5/07 1/18/97 YES No changes madeG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 3 of 8 PART OF

SIP ?

SECTION YES NO Title of Secti on Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.110 X Air Pollution Prohibited 05/26/1972 Prior 80 5/26/72 NO Previously approved

18 AAC 50.200 X Informa tion Requests 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.201 X Ambient Air Quality Investigation 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.205 X Certification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.215 X Ambie nt analysis methods 7/25/2008

, 4/1/10,

10/29/10

, and

12 / 9 /2010 2/5/07 10/1/04 YES 215(a) , (c) repealed and readopted; 215 (b)

amended ; 215(d) Table 5 repealed and readopted; 215(d) amended to add a

new subsection ; addition

of methods and amended 215(a) to reflect adoption of new QAPP

18 AAC 50.220 X Enforceable Test Methods 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.225 X Owner requested limits 7/25/2008

and

12 / 9 /2010 2/5/07 1/29/05 YES 225(b) amended to add

new subsection ; amended 225(a) to add clarifying language

18 AAC 50.230 X Pre approved emission limits 1/29/2005

and

7/1/10 2/5/07 6/21/98 YES No changes made ; 230(c)(1)(I) and 230(d)(1)(E) amended to

correct cross

- reference to

fees 18AAC50.230(d) X PAEL for gasoline bulk plants 1/29/2005 N/A 6/21/98 NO Not part of the SIP

18 AAC 50.235 X Unavoidable emergencies etc. 10/ 1/2004 N/A 6/14/98 NO No changes made

18 AAC 50.240 X Excess Emissions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.245 X Air Episodes & Advisorie s 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.250 X Revising air quality

classification 10/ 1/2004 2/5/07 1/18/97 YES No changes madeG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 4 of 8 PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.260 X Guidelines for BART 12/30/2007

and

7/1/10 N/A N/A NO New section; no action required ; 260(p) amended

to correct cross

- reference

to fees

18 AAC 50.300 X Repea led 10/ 1/2004 2/5/07 5/3/02 YES No changes made

18 AAC 50.301 X Permit continuity 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.302 X Construction Permits 10/ 1/2004

12 / 9 /2010 2/5/07 N/A YES 302 amended to add a new subsection (c)

18 AAC 50.305 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No changes made

18 AAC 50.306 X PSD Permits 7/25/2008

and

12 / 9 /2010 2/5/07 10/1/04 YES Expanded definition of

“federal administrator” in 306(b)(1)(A); repealed 306(b)(2)

- (3); amended leading language of 306(c) ;

repea led and readopted 306(b) to clarify

definitions

18 AAC 50.310 X Repealed 10/ 1/2004 2/5/07 1/18/97 N/A No changes made

18 AAC 50.311 X Nonattainment & Major

Source 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.315 X Repealed 10/ 1/2004 N/A N/A No changes made

18 AAC 50.316 X HAPS Major Construction 12/ 1/2004 N/A YES No EPA action required

18 AAC 50.320 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.321 X Case by Case MACT 12/ 1/2004 N/A N/A No action required

18 AAC 50.322 X R epealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.326 X TV Program & Technical 12/ 1/2004 N/A N/A No action required

18 AAC 50.330 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.335 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.340 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.341 X Repealed 10/ 1/2004 N/A N/A No action requiredG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 5 of 8 PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.345 X Standard Permit Conditions 11/9/2008 2/5/07
Except 345(b), (c)(3), & (l) 10/1/04 YES Add ed minor permits to list of permits that can use standard conditions; amend 345(j) to cl arify certification requirements

18 AAC 50.346 X Other permit conditions 346(a) only 11/9/2008

and

12 / 9 /2010 10/1/04 YES Approval required for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to update adoption by

reference dates of r evised

standard conditions and adopt a new standard condition; Table 7 was updated to reflect changes ; approval required for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to update adoption by

reference dates of revised

standard conditi ons and adopt two new standard

condition s ; Table 7 in 346(c) was updated to reflect changes

18 AAC 50.350 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.355 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.360 X Repealed 10/ 1/20 04 N/A N/A No action required

18 AAC 50.365 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.370 X Repealed 10/ 1/2004 N/A N/A No action requiredG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 6 of 8 PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approva l

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.375 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.380 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.385 X Repealed 10/ 1/2 004 N/A N/A No action required

18 AAC 50.390 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.400 X Fees 7/25/2008

and

7/1/10 2/5/07

(see note

in

comment column) NO 400(e)(3), (f) repealed; (g) amended; (h)(1) amended; (m)(6) repealed ; no action required because removed from subject to SIP status,

2/5/07 ; 400 repealed and readopted to address changes

in fees
18 AAC 50.401 X Repealed 1/29/2005 N/A N/A No action required

18 AAC 50.403 X Fees 12/ 3/05

and

7/1/10 NO No changes made ; do not desire these fees to be part of EPA approved SIP ; 403
amended to correct cross

reference to fees

18 AAC 50.405 X Transition Process for fees 1/29/2005 NO No changes made ; do not desire these fees to be part of EPA approved SIP
18 AAC 50.410 X Emi ssion Fees 6/18/09

and

7/1/10 NO End date for fees extended ; however, not being submitted

and do not desire these fees to be part of EPA approved

SIP ; 410 amended to update

fees
18 AAC 50.420 X Billing procedures 1/29/2005

and

7/1/10 2/5/07

(see note

in

comment column) NO No changes made; removed from subject to SIP status,

2/5/07 ; 420 amended to

correct cross

- reference to

fees

18 AAC 50.430 X Appeal procedures 7/11/2002 2/5/07
(see note ) NO Removed from subject to SIP status, 2/5/07G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 7 of 8 PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.499 X Definitions 1/29/2005 YES No changes made

18 AAC 50.502 X M inor Permits 7/25/2008

and

12 / 9 /2010 2/5/07 12/3/05 YES 500(c) amended; CU and PCP language repealed ; definition revised in 502(b)(6)

18 AAC 50.508 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 508(1) repealed; 508(5) language amended

18 AAC 50.509 X M inor Permits 7/25/2008 2/5/07 10/1/ 04 YES Repealed

18 AAC 50.510 X Minor Permits 12 / 9 /2010 XX/xx/2

010 YES Addition of new section

510 to address TI/TV

interface

18 AAC 50.540 X Minor Permits 7/25/2008

and

12 / 9 /2010 2/5/07 12/ 3/05 YES 540(g) repea led; 540(j)

amended to include new language ; 540(c)(2) revised; 540(k) and 540(k)(3) revised

18 AAC 50.542 X Minor Permits 7/25/2008

and

12 / 9 /2010 2/5/07 12/1/ 04 YES 542(f)(4)

- (5) repealed; (g)(1) amended to delete reference to repealed language ; 542(a ) amended

to add additional areas to

list

18 AAC 50.544 X Minor Permits 7/25/2008

, 11/9/2008

, and

12 / 9 /2010 2/5/07 1/29/05 YES 544(a) is amended to add a new paragraph; 544 (c) and (h) are amended to include new language; 544(e) repealed ; 544(a)

amended to add additional language; 544(h)(3)

amended

18 AAC 50.546 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 546(a) is amended to add new language

18 AAC 50.560 X Minor Permits 10/ 1/2004 2/5/07 YES No changes madeG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2010 SIP Submittal FY10 Adoption Upda tes and SC \ Revision Table 2010.doc 8 of 8 PART OF

SIP ?

SECTION YES NO Ti tle of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.700 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.705 X Conformity 9/ 4/ 1998 2/28/00 1/4/95 NO No action required

18 AAC 50.710 X Conformity 9/ 4/1998

and 4/1/10 2/28/00 1/4/95 NO No action required ; Transportation Conformity

18 AAC 50.715 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.720 X Conform ity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.725 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.730 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.735 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.900 X Small business 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.910 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No action required

18 AAC 50.990 X Definitions 7/25/2008

, 4/1/10, and

12 / 9 /2010 2/5/07 12/ 3/05 YES D efinition s ( 21 ) and ( 77 ) repealed; amended

definitions ( 42(A) ) and ( 63 ) to include revised dates; amended definition ( 59 ) to reference definition in the CAA; added

definitions ( 126 ) “PAL pollutant” and (127) “regional administrator” ; new definitions (128)

– (130) and repeal of (35); (101) amended to correct a typo; (121) amended to adopt updated definition date; Editor’s note added to clarify definition due to C.F.R. printing error

### 40 C

. F

. R

. P art 51 A ppendix V 2.1 . (e)

Evidence State Procedural Requirements Satisfied:

and

40 C.F.R. Part 51 Appendix V 2.1. (f)

Dated E vidence of Proper Public Notice:

and

40 C.F.R. Part 51 Appendix V 2.1. (g)

Certification that Public Hearings were Held if Applicable:

Aff idavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information signed by Rebecca Tyson Smith

dated September 27, 2010

.

Public Notice signed by Commissioner Larry Hartig dated June 25,

2010

.

Affidavit of Publication

, Anchora ge Daily News

, dated June 28, 2010 (affidavit signed July 7, 2010 ).

Affidavit of Publication, Fairbanks Daily News Miner, dated June 29,

2010 (affidavit signed June 30, 2010 ).

Affidavit of Publication, Juneau Empire, dated June 29, 2010 (affidavit signed June 29, 2010 ).

Affidavit of Oral Hearing signed by Tom Turner dated July 29, 2010

.STATEOFALASKA))ss.FIRSTJUDICIALDISTRICTAFFIDAVITOFNOTICEOFPROPOSEDADOPTIONOFREGULATIONSANDFURNISHINGOFADDITIONALINFORMATIONI,RebeccaTysonSmith,EnvironmentalProgramSpecialist,oftheDepartmentofEnvironmentalConservation,beingsworn,statethefollowing:AsrequiredbyAS44.62.190,noticeoftheproposedadoptionofchangesto18AAC50,updatingadoptionbyreferencedatesoffederalrules;updatingadoptionbyreferenceofrevisedStandardConditions;addinganewStandardConditionforairpermitsandassociatedform;updatingtheairqualitynonattainmentdesignations;andadoptingclarificationstoexistingregulationstofixtypos,tocorrectcross-references,andresolveinternalregulationconflictshasbeengivenbybeing(1)publishedinanewspaperortradepublication;(2)furnishedtointerestedpersonsasshownontheattachedlists;(3)furnishedtoappropriatestateofficials;(4)furnishedtotheDepartmentofLaw,alongwithacopyoftheproposedregulations;(5)electronicallytransmittedtoincumbentStateofAlaskalegislators;(6)furnishedtotheLegislativeAffairsAgency,LegislativeLegalandResearchServices;(7)postedontheAlaskaOnlinePublicNoticeSystemasrequiredbyAS44.62.175(a)(1)and(b)and44.62.190(a)(l);(8)furnishedelectronically,alongwithacopyoftheproposedregulations,totheLegislativeAffairsAgency,thechairsoftheResourcesCommitteesoftheAlaskaSenateandHouseofRepresentatives,theAdministrativeRegulationReviewCommittee,andthelegislativecouncil.AsrequiredbyAS44.62.190(d),additionalregulationsnoticeinformationregardingtheproposedadoptionoftheregulationchangesdescribedabovehasbeenfurnishedtointerestedpersonsasshownontheattachedlistandthosein(5)and(6)ofthelistabove.TheadditionalregulationsnoticeinformationalsohasbeenpostedontheAlaskaOnlinePublicNoticeSystem.DATE:JalashScaTysonSEnvironmentalProgramSpecialistSUBSCRIBEDANDSWORNTObeforemethis21dayofJ14,ie.i,_____[NOTARYSEAL]NotaryPu1icindfortheStateofAlaskaSTATEOFALASKAMycommissionexpires:tv’n4(O”tctOFFICIALSEALCassidyY.KearneycIitLfl)NOTARYPUBLIC\)PMyCommissionExpiresWithOffice.a‘aL0Ca 0

io

> C),

C

C, ))0& a2ga.2<W - CD a, —.0) CD CD CD 0 >CCDWCDCD3D) 

# a

imow o 3 ng2goJ z m “ac &8 a. a mz a, !- S 3

CD

oCDWCDWNC00mCC 00 0’ 0 0 0 0 CD 0 0 CD CD CD 3 a ‘ a & & J 0 CD C 3. < = C

— 2 (0 (1) 5 

# a

= a m a 

# I S 5 3 25 r < 3 ° >

-

- • 

### a 5

- 3

on, C®22 2
3°- aS! 0 33 = 3. 2 0 a 2

>o>o>coø>r >0 53 >5momfln<7c m>>n 2Q2020CD2 0 ’ 3 ® 0 ej 3 g 2anaz 3 ZRfl foam flooc ‘flDwa DCDwOowoOCDoCm D’0CD3 33302 x22

3.C 3.0) 2• 0)3. CD o-%o-3. 3.2•2•’ 3. CD
2 CD ‘m 0 00030 &?0 0 02 02 0 00 n, oZ500fl0 0=> 

### d2fltT 1 m °—°ea° 00 C) 2 

# I Q1

azozr! &1&i3°& 33.aaamW 00) 0c 0)0D ‘00 020 0 DI CDgCtCD m=i 8!

rn g2 (DO a > Sa3 0 a 0 a 2

Ô5i

- 556 555O5 55

>>5> flr z>oozcc fl0oo>5>ofl
)r ‘r ,r CD

- - - —Gk

- - CDC0(OCDCDCOCOCDCO 001 CO WCOCDOWOWCOr) COO, co S$S SR$ COCOCOW0)OCOCO (0(00(00 C0C0C0.CO CJ)COCOt 0(0(0(0(00)0000(0 OCON (000(0(0 COCOCOWO CflCOCOQ (J1NQ10Q1O-Q1O CnN Cl 00100) -1010 NNO01COC,)0101N 0100)C31CJ1—-.J010010) CJ1%JCJ1NU QCM01M01 W0l01Ø OC.OOM0000Cfl or-a 0 -MO CON M000NMM0000 000MMO0OC.fl30l- COMO-’ 0 00 C.)0-.. wN 9 swp0coC. 010 N -C.301Cn sw, w 01 -.J--Ow O01010101M01.- ONOCO0) .W0)!.
‘3 0 0’ 0) C_) 0 (Il Q i

- 

### a 0) N CD

owrEE&& 0 0 CD 0 0 2 2 3 3 ° 8- 

### g t. o a ‘ a “

- & > n o r 3 OD a a 0) a 3 )

‘ w & m o 0 a-

. o. a, a, a: 3 ‘ 2 U CD 3. 2 2 CD S

- a’ 3 <

- 

# I 8-

- 

# t . U)

, U) 0 2 m

O2•2• 5 2 b°wa:

w

3. azowosflawe<< ci&Sa

0)03 x° 2 ‘CD 3 ‘ C 0 a-

— 0 -, 

# !Qr” mm 2•

— 2 0) 0) h

— 2 OCD OC3.Th 2Na
- 

# Ifl jU :iHh

3
a-r CD CDW3 3 D 2fl2. CDø.tJDCD<

— raCDa-2CD WL53 E,

0

— DO 

# I P

s 3

— -‘ -.33 ! )CD 3

, Sm 0, -‘ CD h CD CDfl 2 flhCRa3.a 3øj0)Ø )CD

8 3 t

- - r H.8 flh38 

## fl

a- 

### c a a8 bc3 8 ö 

# a

I

—to 

# H_fl fl88 

# PVI_Ill[

3 3 On I 

### r?

3. 0) <9)0 I 3 m—< a8

0)

0 I b 3 3838 5 39 gS3 3

< <hi 0’ =
z

— 0 I 2

= 8 31

b1 I
8 I
3

-4 -1 -1 -1 -1 -1 -1 -4

- - -4 -4 -4-4-4-4 -4-4-4-4-4-4-4-4-1-4 4

- —1-4-4-1-4-4 -4-4 —4 1 --I m
u ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc c dc mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmn,mmmmmmmmmmmmmmmmrrimmrnm

I In
—I —I —4—4 —1 —I —I —I —I —I —I —4--I —1—4 —I —I —I —I —4 —1—4 —I —I —I —I —I —4 —4 —I —4-4 —I —1-4 —4 —I —4—4 —I —4-4 —1-4 —I —I —I —I —I —I —I —I —4 —4 —4 —I —4 —4 —I —4 —4 —I —4 —4 —iI---j —i —il--i 3
o o o X
ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc a ccc ccc ccc ccc ccc ccc ccc ccc ccc ccc dcc dc

— mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmn,mmmmmmmmmmmm0- 0•
10

>

(1, C 

# I

< .-l —I ..1N —4—I —4 0 CO CO CO CO CO CO CO COW WW U U

.. 0 00) 0 °o winr!. &ct (no °<

D3

>mo-n >,c-a x>>>>>c->>z’-w >Dfl>>x’- COCCCO fl

2Wz! 20D ODDD2DDDrnCW m0DzoC O0)zCCct
nbc 00.0 c000000O fl.00D o.zoDZw

-, gwa g 

## a

a - E30.i3EC WCC 2

2< D 20200 02 0 0

corn rn rnrnrnrnco corn rn rnc, grn

>>> .>>>>>C>>>> >o>nr> >O>>> >

DcDcOcO c0(0 Nc0@(D@c0(0CD-C0@ cncoco(oweo<o (0(00(00@ ‘0

cocococo cocou, -.i<owcococoococoococo cO-.JcOCcOO’cD cOaOCOc0 CD C)OICJN 00)O C C)1CJ)ON CnMNUICflCt Cn- N CNO)O O-- N COM-1%) -C COC 00 0 WNNCD U1Ct 0Wa.OWWM.rc.) COO P”j ‘9’ 4

C.,

-. 6, 0 0 CO

- C.) N

, 0 0’ 0) I’-) C.’ C CO C

000• &rn —-orn’3.3 d—-°’ 3BW0)0W-.5tw23 Wa g_i&

- Dt q(n. (flO- 0). 

# I

g s3 

## s 9 

### 3 ga



# PV1 

# uva-ur HW-H IN I

m 0

— at

< << 

### <3

= 8

3

-4-4-4--4-I

C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C

m m m m m m m rn rn m m m 0101 m 0,0,010,010,010101010,0101 0, 0101 m 0101 m 01 m m 0,

-1-1-I-4-I

cccccc ccc ccccccc cc cc ccccc cc c cc c ccc cc c C c 01 ni 0, in in ii, in in in in m in in in in in in in in in in in in in 01 in in 01 in in 01 in infl, in in in in inaCdbo_AirSurveyEmailAddressEmailadaytririityconsuItants.comTRUEak_nights2003©yahoo.comTRUEalan.schuler@alaska.govTRUEAlbert.Faure@alaska.govTRUEamason@hoeflernet.comTRUEatrbovich@hoeflernet.comTRUEbantapwsrcac.orgTRUEBetty.Schorr©alaska.govTRUEbevwilliamsak©gmail.comTRUEbhoefler@hoeflernet.comTRUEbillnjan@gci.netTRUEbob.morganalaska.govTRUEbob@inletkeeper.orgTRUEboczekbbatteIle.orgTRUEboothjl@bp.comTRUEboundsj@unocal.comTRUEbrad.c.thomasconocophiIIips.comTRUEcdbruce@alaska.netTRUEchar1ene.skinnorthslope.orgTRUEChris.KentalaskagovTRUEChristopher.B.Floyd@usace.army.milTRUEckimball@hoeflernet.comTRUEcmaccay@aol.comTRUEcmenefee@hoeflemet.comTRUEcookD2alyeska-pipeIine.comTRUEcookead@bp.comTRUEcorry.hildenbrandaeIp.comTRUEcparent@ch2m.comTRUEcrockettaoga.orgTRUECurt.CurreyCH2M.comTRUEcynthia.espinozachevron.comTRUEcynthia.wiIIiamsaIaska.govTRUEdanc@bnceinc.comTRUEdavid.diish@us.army.milTRUEdavidm@centralfireplace.comTRUEdebra.dalcher@alaska.govTRUEdenise.tuck@halliburton.comTRUEder@alaska.netTRUEdlaroccagolder.comTRUEdmorin@ups.comTRUEdnewbould@awareconsulting.netTRUEdoug.deters@us.army.milTRUEdoug@envirolawnw.comTRUEeajusakearthjustice.orgTRUEecolawtrustees.orgTRUEelidji@petroleumnews.comTRUEeottersburg©slrcorp.comTRUEepowell@ch2rn.comTRUEeric.michael.dick@us.army.milTRUEeroetkenwhidbey.netTRUEfathima.siddeekalaska.govTRUEPage1dbo_AirSurveygaryhicicIeseafoods.comTRUEgordone©akpers.comTRUEGPKE@chevron.comTRUEgreaves.natashaepa.govTRUEgrsnodgrassaIpine-meadow.comTRUEhmh-dshefcheck@gci.netTRUEhmh-kthiemangci.netTRUEhmh-paustin@gci.netTRUEhmh-tburkegci.netTRUEhowardkacLanchorage.ak.usTRUEjacobsenje©alyeska-pipeline.comTRUEJas0n240@aol.comTRUEjbrena@entrix.comTRUEjchristopher@retec.comTRUEJim.BaumgartneraIaska.govTRUEjim.plosayaIaska.govTRUEJim_Pound©legis.state.ak.usTRUEjmitcheItrinityconsuItants.comTRUEjmsaterwynne.comTRUEjoe_donohue@dnr.state.ak.usTRUEjohn.heIIenpxd.comTRUEjohn.kuterbachaIaska.govTRUEjonathan.jemmingnorth-sIope.orgTRUEjrichcreekkodiak.coopTRUEjrpIosaygci.netTRUEjsatterwhite@marathonoil.comTRUEkaren_m_brown@urscorp.comTRUEkato_howardak.bIm.govTRUEkeIIy.thompson@aicIIc.comTRUEkevin.eIdric1gewestonsoIutions.comTRUEkmaImquistretec.comTRUEkrista.thieman@alyeska-pipeline.comTRUEKristy.H.McCuIIoughconocophiIIips.comTRUEIeo.v.palmer@boeing.comTRUEImoraItrinityconsuItants.comTRUEmark@kowa.comTRUEMarkAnthonyDTaIyeska-pipeIine.comTRUEmartap.czarnezkiconocophiIIips.comTRUEmayor@co.fairbanks.ak.usTRUEmdeisema@lamar.colostate.eduTRUEmegan.siemssierracIub.orgTRUEmichelle.blackmore@alaska.govTRUEmike@trustees.orgTRUEmIynchbIm.govTRUEmontyagcak.orgTRUEmpiIatyahoo.comTRUEmteitzeIavec.orgTRUENicole.StAmand@shell.comTRUEnmackinnon@acsalaska.netTRUEnnaIderhatchenergy.comTRUEpavitt.johnepa.govTRUEPetersgarctic.netTRUEPage2a. 0 0

I>

•1

C

CD -o

(0 CD

(‘3NOTICEOFPUBLICCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVIRONMENTALCONSERVATIONREGULATIONSTheDepartmentofEnvironmentalConservation(DEC),proposestoadoptregulationchangesinTitle18,Chapter50oftheAlaskaAdministrativeCodedealingwithAirQualityControl,includingthefollowing:•updateadoptionbyreferencedatesoffederalrulesadoptedin18AAC50.035,18AAC50.040,and18AAC50.990.•updateadoptionbyreferenceofrevisedStandardConditionsforairpermitsin18AAC50.346.•addanewStandardConditionforairpermitsandassociatedformin18AAC50.346.updatetheairqualitynonattainmentdesignationsin18AAC50.015.adoptclarificationstoexistingregulationstofixtypos,tocorrectcross-references,andresolveinternalregulationconflictsin18AAC50.302,18AAC50.311,18AAC50.400,18AAC50.403,18AAC50.410,18AAC50.502,18AAC50.540,18AAC50.542,18AAC50.544,18AAC50.508,and18AAC50.990.•makeadditionalchangesnecessarytoclarifytheregulationsin18AAC50.055,18AAC50.215,18AAC50.306,18AAC50.502,18AAC50.540,18AAC50.542,and18AAC50.544.Youmaycommentontheproposedregulationchanges,includingthepotentialcoststoprivatepersonsofcomplyingwiththeproposedchanges,bysubmittingwrittencommentstoRebeccaSmith,EnvironmentalProgramSpecialist,AirPermitProgram,AlaskaDepartmentofEnvironmentalConservation,410WilloughbyAvenueSuite303,P.O.Box111800,Juneau,AK99811-1800,byfacsimileat:(907)465-5129,orbye-mailtotheAirQualityCommentsDocketatdec,aq,airdocket@alaska.gov.Commentsmustbereceivedby5:00p.m.,onAugust3,2010.Commentsreceivedafterthisdatewillnotbeconsideredinfinalactionontheserules.OralorwrittencommentsalsomaybesubmittedatahearingtobeheldonJuly29,2010,attheDECBuilding,FirstFloorMainConferenceRoom,555CordovaStreet,Anchorage,Alaska.Thehearingwillbeheldfrom10:00—11:30amandmightbeextendedtoaccommodatethosepresentbefore11:00amwhodidnothaveanopportunitytocomment.Therewillbeacall-innumberifyouarenotabletoattendthemeetinginperson.Thecall-innumberwillbe1-800-315-6338,andtheMeetMeCodewillbe8123#.Ifyouareapersonwithadisabilitywhoneedsaspecialaccommodationinordertoparticipateinthispublicprocess,pleasecontactDeborahPockat(907)269-0291orTDDRelayService1-800-770-8973/TTYordial711nolaterthan20daysafterpublicationofthisnoticetoensurethatanynecessaryaccommodationscanbeprovided.Foracopyoftheproposedregulationchanges,contactRebeccaSmith,AirPermitProgram,AlaskaDepartmentofEnvironmentalConservation,410WilloughbyAve.,Suite303,P.O.Box111800,Juneau,AK99811-1800;byphoneat(907)465-5121;byfacsimileat(907)465-5129;orgotojwwiecstateaiisLja/reulatijitinTheproposedregulationsandaDepartmentExplanationoftheProposedChangesdocumentareavailablefromtheDECAirQualitywebsiteathttp://dec.alaska.gov/air/ap/calendar.htmandathttp://dcc.alaska.gov/air/ap/regulati.htinAfterthepubliccommentperiodendsonAugust3,2010,DECwilleitheradopttheseorotherprovisionsdealingwiththesamesubject,withoutfurthernotice,ordecidetotakenoactiononthem.Thelanguageofthefinalregulationsmaybedifferentfromthatoftheproposedregulations.YOUSHOULDCOMMENTDURINGTHETIMEALLOWEDIFYOURINTERESTSCOULDBEAFFECTED.Writtencommentsreceivedarepublicrecordsandaresubjecttopublicinspection.StatutoryAuthority:AS44.03.710,AS46.14.010,AS46,14.020,AS46.14.030StatutesBeingImplemented,Interpreted,orMadeSpecificAS4614FiscalInformation:Theproposedregulationchangesarenotexpectedtorequireanincreasedappropriation..Dated:June25,2010LarryHarft,CommissionerAnchorage,AlaskaADDITIONALREGULATIONSNOTICEINFORMATION(AS44.62.190(d))Adoptingagency:DepartmentofEnvironmentalConservation2.Generalsubjectofregulation:ADOPTIONBYREFERNCEUPDATES.CORRECT,ANDCLARIFYREGULATIONS.3.Citationofregulation(maybegrouped):18AAC504.Reasonfortheproposedaction:(x)compliancewithfederallaw()compliancewithneworchangedstatestatute()compliancewithfederalcourtorder()developmentofprogramstandards()other:5.ProgramcategoryandBRUaffected:AirPermitsProgram,AirQuality6.Costofimplementationtothestateagencyandavailablefunding(inthousandsofdollars)InitialYearSubsequentFY2O11YearsCost$0_$0Generalfund$0_$0Federalfunds$0$0_Otherfunds(specify)$0_$0_7.Thenameofthecontactpersonfortheregulations:NameTornTurnerTitleEnvironmentalProgramManagerAddress619E.ShipCreek,Suite249AnchorageAlaska99501Telephone(907)269-8123E-mailaddress8.Theoriginoftheproposedaction:xstaffofstateagencyxfederalgovernmentgeneralpublicpetitionforregulationchangeother(pleaselist)9.Date:June25,2010Preparedby:__________________________Name:RebeccaTysonSmithTitle:EnvironmentalProgramSpecialistTelephone:(907)46551216/29/2010AnchorageDailyNewsAffidavitofPublication1001NoithwayDrive,Anchorage,AK99508LEICEOTHERAlitlAfl£2ACCOUNTPERDAYCHARGESRECEIVED78596406/28/201006/29/201033513910STOF1IOI33513910STOFIIOI$365.20$365.20$730.40$0.00STATEOFALASKATHIRDJUDICIALDISTRICTShaneDrew,beingfirstdulyswornonoathdeposesandsaysthatheisanadvertisingrepresentativeoftheAnchorageDailyNews,adailynewspaper.ThatsaidnewspaperhasbeenapprovedbytheThirdJudicialCourt,Anchorage,Alaska,anditnowandhasbeenpublishedintheEnglishlanguagecontinuallyasadailynewspaperinAnchorage,Alaska,anditisnowandduringallsaidtimewasprintedinanofficemaintainedattheaforesaidplaceofpublicationofsaidnewspaper.Thattheannexedisacopyofanadvertisementasitwaspublishedinregularissues(andnotinsupplementalform)ofsaidnewspaperontheabovedatesandthatsuchnewspaperwasregularlydistributedtoitssubscribersduringallofsaidperiod.Thatthefullamountofthefeechargedfortheforegoingpublicationisnotinexcessoftheratechargedprivateindividuals.SignetntSubscribedandsworntomebeforethisdate:NotaryPublicinandfortheStateofAlaska.ThirdDivision.Anchorage,AlaskaMYCOMMISSIONEXPIRES:J2/’9d3NOTICEOFPIJIUCCDWdENTPERIODONPROPO1)CBANGTOALASKADEPARTMflOPINVIRONMENTAI,tONSERVAIIONREGUIAI1ONSTheDepartmentofEnvironmentalConservation(DEC),proposestoadoptregulationchangesInlive18CtflSoottheAlasRaAdministrativecodedealingwithAirQualityControl.includingtheupdateapttonbyreferencedatesoffederalrulesadoptediniSAAc50.035,iSAAc50040.aidISAAC50.990.undateadoptionbyreferenceofrevisedStandardConditionsforairpermitsin18MC5034&addanewStandardCondltlonlorEpermitsandessociatadformin18MCS034tupdatetheairquaitynonattainmentdesflonsWIiSAAC50.015.adoptclarificationstoexistingregulationstofixtypos,tocorrectcross-references,andresolvebanalregulationconflictslolaMC50,302.18MC50.311.18MC50.4,18MC50.403,18MC50.410,18MC50.502.ISAAC50.540,18AAC50.542,ISAAC50.544,18MC50.508,aid18MC50.9%.makeadtlonaidiaesnecessarytoclarifytileregulationsInitMC50.051,18Mt50.21L18MC50306.18MC50.502.18AAC50.540.18MC50.542.andISAAc50.544.Youmaycommentontheproposedregulationchanges,inciudingthepotentialcoststoprivatepwiorsofcanj*flMilltheproposeddinesbysubmittingwrittencementstoRebeccasmith.EnvironmentalProgramSpeciaiist,AltPermitProgram,AlaskaDeoartmentofEnvlroanentalConservatIon,410WlboughbyAvenueSuIte303,P.O.Box111800,Juneau,AK99811-1800,byfaoslmiieat(907)465’5129.Orbye-matotheAkQualityCommentsDocketatdc,aq.airIecketOalaska.gov.conwnentsmustbereceivedby5:00p.m.,onAugust32010.Co’nmentsreceivedafterthisdatewillnotbeooredhithaiactionontheserules.aiorwtttanconmflalsomaybesailttedatahealngtobeheldonJuW29,2010,atvieDECBuilding,FirstFloorMainConferenceRoom,555CordovaSteer.nidaage.aThehewingwibeheldfrom10:00-11:30amandmightbeextendedtoaccommodatethosepcesantbefore11:00amwhodidnothaveanopportunitytonnient.Therewibeaca-’iinhiberityt.imenotaletoattendthemeetingInperson.Thecall-Innumberwillbe1-800-315-6338,andtheMeetMeCodewillbe81234.IfyouareapersonwIthadisabilitywhoneedsaspecialaccommodationInordertoparticipateinthisDublicprocess,pleasecontactDeborahPockat(907)269.0291orTOORelayService1-aOo-770-89731TTYordial711nolaterthan20daysafterpublicationofthisnoticetoensureflatanynecessaryaccommodationscanbeprovIded.Foracopyoftheproposedregulationchanges.contactRebeccaSmith,AirPermItProgram,AlaskaDeoartmentofEnvironmentalConservation,410WiiloughbyAve.,Suite303,P.O.Box111500,Juneau,AK9811’1S0Obyphoneat(907)465-5121;byfacsimileat(907)465-5129;orgotohflp:/A’.dac.state.ak.us/air/ap/reguiatLhftn.TheproposedregulationsandaDepartmentExplanationoftneProposedChangesdocumentareavailablefromtheDECAirQualitywebsiteathttp://dec.alaska.gov/air/ap/caiendar.htniandathttjx//dec.aiaska.gov!alr/ap/regulatLhtTlAfterthepubliccommentperiodendsonAugust3.2010DECwIlleitheradopttheseoroilierprovisionsdealingwiththesamesubjectwithoutfurthernotice,ordecidetotakenoactIononthem.Thelanguageofthefinareguiations.maybedifferentfromthatoftheproposedregulations,yousi-toutoCOMMENTOURNdTHETIMEALLOWEDIFYOURINTERESTSCOULDSEAFFECTED.Writtencommentsreceivedarepublicrecordsandaresubjecttopubtcinspection.JUL122010ADECAQOTHER0ThERGRANDCHARGES#2CHARGES*3‘rOTA].$0.00$0.00$730.40ftci4’VAS44.03.710,AS46.14.010,AS030STATEOFALASKATHIRDJUDICIALDISTRICTShaneDrew,beingfirstdulyswornonoathdeposesandsaysthatheisanadvertisingrepresentativeoftheAnchorageDailyNews,adailynewspaper.ThatsaidnewspaperhasbeenapprovedbytheThirdJudicialCourt,Anchorage,Alaska,anditnowandhasbeenpublishedintheEnglishlanguagecontinuallyasadailynewspaperinAnchorage,Alaska,anditisnowanddurmgallsaidtimewasprintedinanofficemaintainedattheaforesaidplaceofpublicationofsaidnewspaper.Thattheannexedisacopyofanadvertisementasitwaspublishedinregularissues(andnotinsupplementalform)ofsaidnewspaperontheabovedatesandthatsuchnewspaperwasregularlydistributedtoitssubscribersduringallofsaidperiod.Thatthefullamountofthefeechargedfortheforegoingpublicationisnotinexcessoftheratechargedprivateindividuals.Signedc1tdenLZr’e.w—Subscribedandsworntomebeforethisdate:NotaryPublicinandfortheStateofAlaska.ThirdDivision.Anchorage,AlaskaMYCOMMISSIONEXPIRES:__________puetsGi))jJ))Jfl)1’---.-C“-updateadoptionbyreferencedatesoffederalrulesadoptedInISAAC50.035.18AAC50.040,andiSAAC50.9%.uDdateadoptionbyreferenceofrevisedStandardConditionsforairpermitsIn18MC50.346.addanewStandardConditionforairpermitsandassociatedformIn18MC50.346.updatetheairqualitynonattainmentdesignationsinISAAC50.015.adoptciaritlcationstoexistingregulationstofixtypos,tocorrectcross-references,andresolveintemairegulationconflictsinISAAC50.30218MC50.311.ISAAC50.400,15MC56.403;18MC50.410,18MC50,502.IFAAC50.540ISAAC50.542.ISAAC50.544,15MCs6.soa,and18MC50.990.makeadditionaichangesnecessarytoclarifytheruiationsin:ISAAC50.055,iSAAC50.21•ISAAC50.306,18MC50.502.18MC50.540,18AAC50.542,andISAAC50.544-Youmaycommentontheproposedregulationchanges,Includingthepotentiaicoststoprivatepersonsofcompi4ngwiththeproposedchangesbysubmittingwrittencommentstoRebeccasmith,EnvironmentalProgramSpeciaiist,AirPermitProgram,AiaskaDepartmentofEnvironmentalConservation.410WilloughbyAvenuesuite303,P.O.Box111800.Juneau,AK99811-1800,bylacslmileat(907)465-5129,orbye-mailtotheAirQualityCommentsDocketatdec.aq.airdocket@aleska.gov.commentsmustbereceivedby5:00p.m.,onAugust32010.Commentsreceivedafterthisdatawillnotbeconsideredinfinalactionontheserules.orwTkteicor,vnentsalsomaybesubmittedatahearthgtobeheldonfly29,2010,attheOK8ijI,FirstFloorMarConferenceRoon\555CordovaStreetMd,ore,AiasktThehearingwillbeheldfrom10:00-11:30amandmihtbeextendedtoaccommodatethosepresentfore11:00amwhodidnothaveanopportunitytocoiTnentTherewifibeacall-Innunterifyouaretoattendthen’ee*Tgkmperson.flcall-kmmrterwillbe1-800-315-6338,andtheMeetMeCodewitbe51231.ifyouareapersonwithadisabilitywhoneeds.‘-accolmilodationinordertoparticipatekmthispublicprocess,pleasecontactDeborahPockat1907)269-0291orTOORelayService1-800-7704973/TryordIal711nolaterthan20daysafter.pubiicatlonofthIsnoticetoniethatwnecessaryaccamioiscalbepro%4ded.Foraconyoftheproposedregulationchanges.contactReccaSiith.AkPern8tProgram,AlastaDepartmentofEnvironmentalConservatIon,410WilloughbyAve.,SuIte303,P.O.Box111800,Juneau,AX99811-1800;byphoneat(907)465-5121;byfacsimileat(907)465-5129;orgotohftp:f/iwm.dec.state.atus/air/ap/reguiad.hbui.TheproposedreflhlonsandaDflExplanationoftheProposedChangesdocumentareavahablefromtheDECAirQualitywebsiteathttp://dec.alaska.gov/alr/ap/calendar.htniandatt*tpwdec.aiaska.gc’W*/aegiiati.hm1AfterthepubliccommentperiodendsonAugust3.2010DECweitheradopttheseor041wprovIsionsdealingwiththesamesubjectwithouthithernotice,ordecidetotakenoectknonthem.Themnguageofthefk,alregtiationsmaybedifferentfromthatoftheproposedrMatlons.youSNOIADC0li€NTDUR*JGThEitlEALLOWEDIFYOURIflBtESTSColicAFFEC.Writtenctrrdtpittrecordsandwesubjecttopublic-AS44.03.710,AS46.14.010,AS46.I4..AS46.I.0301asantad,erMadeFiscallaf.ra.tle.,Theproposedreguiationchangesarenotexpectedtorequireanincreasedappropriation.Dated:June25,2010/stLanyHartig.CommissionerAnchorage.AlaskaAo-33-5139-10Published:June28&29,OI0IAd#355092 AFFIDAVIT

OF PUBLICATI

NUNITEDSTATESOFAMERICASTATEOFALASKAFOURTHDISTRICT355092NOTICEOFPUBUCCOMMENTPERIODONPROPOSEDCHANGESTODEPARTMENTOFENVJRONMEKTPLCONSERVATIONREGULATIOITheDepartmentofEnvironmentalConservatIon(DEC).proposestoadoptregulationchengesInline18ChacterSOOtthOAJAalCftan4r.isttlveCodedealingwithAirQualItyControlIncludingthefollowing,adoptionbyreferencedatesoffederalrulesadoptedIn1SMC5O.O35.ISRAG50.040.andISARC50.990.updateadoptionby_______referenceofrevisedIStandardConditions.,forairpermitsIn18ARC50.348.StanaddanewdardConditionforairrwmhsandassfl;a•irminISARC50.348.•updatethealtquaiti,nonattainnientdesIgnatIonsin18RAG50.015.•——toexistingregulationstottypos,tocorreCtcross-references,andresolveInternalregulationconflictsin18ARC50.302,ISAAC50.311,18ARC50.400.18ARC50.403,18ARC50.410,18AAC50.502,ISARC5a540.ISAAC50.542,ISAAC50.544,18tAG50.508.andISAAC50.990.•makeadditionalchangesnecesearytoclarifythereguia1SAACS0.055.18ARC50215, (tionsIn:18ARC50.306.tI8ADiCSO.502.ISAAC50.540.18ARC50.542,and\ISAAC50.544._________Younaycommentontheproposedrsgia•Honchanges.includIngthepotentialcoststoprivateper-•sonsofcomplyingwiththeproposedchanges,bysubmittingwrittencommentstoRebeccaSmith,EnvIronmentalProgramSpecialist.AirPermitProgram,AlaskaDepartmentofEnvironmentalConservation.410}SS.Beforeme,theundersigned,anotarypublic,thisdaypersonallyappearedBonnieKeenan,who,beingfirstdulysworn,accordingtolaw,saysthathe/sheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperU)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear.(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,Cv)notpublishedprimarilytodistributeadvertising,andlvi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):June_29.2010_______June30,2010andthattheratechargedthereonisratechargedprivateindividuals.discounts.notexcessofthewiththeusual/ 4)i )tSubscribedandsworntobeforemeonthis_30dayof__________,20j2-r’\NotaryPublicinandfortheStateAlaska.Mycommissionexpires6/3/13Ad#355092 &FFIDAVIT

OF

P BLI ATI

N £1 3IAMERICA

1 5

Before

me, the undersigQed,

a notary public,

this day personally appeared

Bonnie Keenan

,who, being first duly sworn, according

to law, says that he/she

is an Advertising

Clerk

of the Fairbanks

Daily News-Miner,

a newspaper

(I) published

in newspaper

format,

(ii) distributed

daily more than

50 weeks

per year.

(iii? with a total circulation

of more than

500 and more than

10% of the population

of the Fourth Judicial District,

(iv) holding

a second

class mailing permit

from

the United States Postal Service,

Cv) not published primarily

to needs

a accanw’

distribute advertising,

and

(vi) not intended

for

a order

to this

L

particular professional

or occupational

group.

The 1,40850

g

advertisement

which

is attached

is

a true copy

of the tab

Pi 269.0291 Relay

SeMCe i-BOO-

0 advertisement
published

in said paper

on the following g73rrrY

or dial

q

q 711

no later tan

20

day(s): days after pub cation at this notice

to ethatanvne

June

29. 2010 ________________ eSWY accomm0d be

June

30, 2010__________________ FOraCOPYottheo posed regulation changes,

contact Rebecca

Smith.

Air Fog ran’. ZZ Dep’rtmeotot EnvIroon’5fl se1Vatl01

410 Willoughby

A’-. Suite

303.

po.

8X 111800. Juneau.

AK 99811-1800;

by phone

at (907)
465- 5121;

by teosimlie

at (907) 465-5129;

0190

and that
the rate charged thereon

is not excess

of the The

rate charged private individuals,

with

the usual o proposed regulations Z and

a Department

discounts. o ExplanatiOn

of the o proposed Changes t docUment

are avail

it,& able *Ofl

the DEC

AkQualitywebsiteat____________________________________ o mipil/dec.&aSka0v ,sertap/csiendst” ft

Subscribed

and sworn

to before

me

on this_30

day c pa

the public
corn-

of____________, 20

10— —

ends

On________ August

3. 2010.
D€C

C’. \ will e4thec adopt these or other provisionS dealing

with
the same A’-c’.&...s,Lck_N*c>QZx. subject, without

fur ther notice,

or deolde to talce

no action

on

Notary Public

in and
for the State Alaska. them.

The language of the flnai ragula dolls may

be different from
mat

of the 1,10-

My commission

expires

6 /3/

13—youarenotabletoattendthemeetingInperson.Thecall-InnumberwIllbe1-600-315-6338.andtheMeetMeCodewillbe8123W.ityouareapersonwithadIsabIlitywhoneedsaspecIalacconirnodatlonInordertopartIcIpateInthispublIcprocess,pleasecontactDeborahPockat(907)269-0291orTDDRelaySerQlce1-800-770-so73rrrYordial711nolaterthan20daysafterpublIcationofthIsnoticetoensurethatanynecessaryaccommodationscanbeprovided.Foracopyoftheproposedregulationchanges,contactRebeccaSmith,AirPermitProgram.AlaskaDepartmentofEnvironmentalConservatIon,410WilloughbyAve..Suite303,P0.Box111800,Juneau,AK99811-1800;byphoneat(907)4e5-5121:byfacalmieat(907)465-6129;orgotohtto:/Awew.dao.stateak.ts/airiao/raouietl.htm,TheopcaedregUandaDepartmentExpianatlonoftheProposedChangesdocnntereavailableIron,theDECAirQualitywebsiteathttp:lldec.alasica.gov/ehr/ap!caiendar.htn,andathtto:llden,kaonv/aIn/an!reoAlterthepubliccornmeritperiodendsonAugust3.2010,DECwtteitheradopttheseorotherprovisionsdealflgwiththesamesubject,withoutIts,.the,notice,ord&Idetotakenoactiononthem.ThelanguageofthefinalregulationsmaybeflcentIron,thatofthewoposedregulations.YOUSHOULDCOMMENTDURiNGTHETIMEALOWEDiFYOURINTERESTSCO4JL_DBCAFFECT.ED.WrittencorntyrantsreceivedarepublicrecordsandtopubicStatutoryAuthority,AS44.03.710,AS4ê14.Olo.AS46.14.020,AS48.14.030StatutesBeinglmpi.n,ent.d,Inter.preted,erMadeSpecific:JAS48.14,FiscalInformation:,maproposedregula.lionchangesarenotIexpectedtorequireanIncreasedappropriatlon.Datad:June25,2010Anchorage,AlaskaIs/by:,LarryHartig,CommissionerPublIsh:June29,30,2010UNlTEAdj/355092rIDAVITOFICA}._______Beforeme,theundersiged,notarypublic,thisdaypersonallyappearedBonniecenart,who,beingfirstdulysworn,accordingtolaw,saysthathe/sheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperIi)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear.(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,lv)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):June29.2010*_________June30,2010andthattheratechargedthereonisratechargedprivateindividuals,discounts.notexcessofthewiththeusual‘D/)f)/Q)6’Subscribedandsworntobeforemeonthis30dayof__________.2010“.çc9cNotaryPublicinandfortheStateAlaska.Mycommissionexpires6/3/13Ad#355092,AFFIDAVITOFPUBLIATIONUNITEDSTATESOFAMERICASTATEOFALASKAFOURTHDISTRICT355092___________________________NOTICEOFPUBLICCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENIRONMEWCONSERVATI0IIREouatONTheDepartmentofEnvironmentalC0flaervatlon(DEC)proposestoadoptregulatIonchangesInTitlebie,chaptersoottheYAlaskaAdministrativeCodedealIngwithAirQualitYControl.‘Includingthefollowing:•updateadoptionbyreferencedatesoffederalrulesadoptedniBAAC5O.OOS.18AAC50.040.and18MC50.990.a•updateadoptionbycreferenceofrevisedIIstandardConditionsMC50.544.1}SS.Beforeme,theundersigçed,anotarypublic,thisdaypersonallyappearedBonnieKeenan,who,beingfirstdulySworn,accordingtolaw,saysthathelsheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperCi)publishedinnewspaperformat(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,(vinotpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):June29.2010June30,2010YoumaycommentOntheproposedregulationchanges.IncludIngthepotentIalcoststoprivatepersonsofcomplyingwiththepropoaedchanges,bysubmittingwrittencommentstoRebeccaSmith,EnvironmentalProgramSpecIalIst,AirPeimitProgram.AlaskaDepartmentofEnvironmentalConseivatlon410andthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts,&)/4cAt46iSubscribedandsworntobeforemeonthis_30dayofVie.2010çNotaryPublicinandfortheStateAlaska.Mycommissionexpires6/3/13RECEIVEDJUL062010ADECAQAffidavitofPublicationUnitedStatesofAmericaAd#:cDOlaqôStateofAlaskaRef#:13033’-5I”II-IFirstDivisionLegal#:eec—agoi,“BoskcwaiCt’,beingfirstduly4worn,oath,debse,andsaythatIamthePrincipleClerkoftheJUNEAUEMPIRE,anewspaperofgeneralcirculation,publishedinthecityofJuneau,StateofAlaska;thatthepublicationwaspublisedinsaidnewspaperonthe4SBayof____________201QandthereafterforIadditionalday(s),thelastdateofpublicationbeingaS,2010,&-..‘..Subscribedandworntobeforemethis7dayof%:L,12010./1.....NotaryPublicinandfortheStateofAlaska.ISTATEOFALASKAOFFICIALSEALLStephaniePerryNOTARYPtJBLCMyCommissionExpires11/1512011NOTICE

OF PUBI,lC COMMENT
PERIOD ON PROPOSED CHANGES

TO AlASKA DEPAm-lerl

OF ENVIRONMENTAL CONSERVATION REGULATIONS The Department

of Environmental Conservation (DEC), proposes

to adopt regulation changes

In ThIe

18, Chapter

50

of the Alaska Administra tive Code dealing

with

Air Quality Control,

in cluding

the following: -update adoption

by reference

dates

of federal

rules adopted

fl 18MG 50.035, 18MG 50.040,

and

18 MC 50.990. -update adoption

by reference

of revised Standard Conditions

for air permits

In 18MG 50.346. -add

a new Standard Condition

for
air permits

and associated

form

In 18MG 50.346. -update

the

air qiality rionattainment designations In iSAAC 50.015. -adopt darificailons

to existing regiicns

to ft ty pos,

to coned cross-references,

a resolve

Inter nal regilon coiltlcts

Wi

19 MC 50302,

18 MC 60.311• 18MG 50.400, iSAAC 50.403, 18MG 60410,

18 MC %o.soz

18 MC 50.540,

18 MG 50.542,

18 MC 50.544,

18 MC 50.508,

end

is MC 50.990. -make additional changes necessary

to clarIfy

the regulations

Wi: 18MG 50.056, 18MG 50.215,

18 MC 50.308,

18 MC 50.502,

18 MC 50.540,

18 MC 50.542,

and 18MG 50.544. You may comment

on the proposed regulation changes, including

the potential

costs

to private persons

of complying

with

the proposed changes,

by submitting

written comments

to Re becca Smith, Environmental

Program Special1st, AIr Permit Program,
Alaska Department

of Envlrorwnental Conservation,

410 WIllougity Avenue

SuIte

303,
RO.
Box 111800, Juneau, AK 99911-1800,

by fnknile

at (907) 466-5129,

or by e-ma

to the
Air Quality
Corn ments Docket

at decaq.alrdocket@alaska.gov. Comments

must

be received

by 5:00 p.m.,

on August

3, 2010. Comments received

after
this date

will not

be consideçed

in final action

on these rules.

Oral

or written comments

also may

be submit ted

at

a hearing

to he held

on July

29, 2010,

at the DEC Building,

First Floor Main Conference Room,

565 Cordova
Skeet, Anchorage,

a The hearing

wit

be held from 10:00- l’t30

am and might

be extended

to accommodate

those present before

11 00 am who

d not have

a, opportunity

to comment.

There

will

be

a calF-In number

It you
are not able

to attend

the meeting in person.

The call-in number

will

be 1-800-315-6338,

and
the Meet

Me Code

wIN

be 9123$. If you are

a person

with

a cusabity

who needs

a special accommodation

li-I order

to participate

in flspub&
process,
please contact Deborah Pock

at (907) 269-0291

or ltD Relay Service 1-800-770-8973/TTY

or dial

711

no later than days after publication

of thiw notice

to ensure that
any necessary accommodations

can

be provided. For

a copy

of the proposed regriation changes, contact Rebecca

Smith,

Air Penn

it Program, Alaska Department

of Environmental
Conserva tion,
410 Wdoughby

Ava, Suite
303, RO. Box 111800, Juneau,

AK 99811-1800;

by phone

at (907) 465-5121;

by facsimile

at (907) 465-5129; or go

to hftpthwew.dec.state.ek.us/slr/apftegulathtm. The proposed regulations

and

a Department Explanation

of the Proposed Changes

dccii meN

are available

from

the DEC

Ak Quality web

site

at httpi/decalaska.gov/á/apkialen da-Jibii

and

at httpWdeaalaslcagov/&!ap/regu Iatligm After

the public comment

period
ends

on August 3, 2010,
DEC

wIll either adopt these

or other provisions

dealing

with

the same subject,

with out further notice,

or decide

to take

no action

on them.

The language

of the final regulations may

be cifferent

from that

of the proposed

regu lations.

YOU SHOULD CCtAMENT
DURING ThE TIME AlLOWED

IF YOUR INTERESTS COULD

BE AFFECTED.

VMtten comments

re ceived

are public records

arid

are subject

to public inspection. Statutory Authority:

AS 44.03.710, AS 46.14.010,

AS 46.14.020,

AS 46.14.030 Statutes

Being bnplesnented, btaeprated, or Made Specific:

AS 46.14 Fiscal Information:

The proposed regulation changes

are
not expected

to require

an

Increased appropriation. Datedt
June

25, 2010 Larry Hartig, Commissioner Anchorage,

Alaska Publish: June29

and

30, 2010.

600-040STATE

OF ALASKA

) )ss. THIRD JUDICIAL DISTRICT

) AFFIDAVIT

OF ORAL HEARING I, Tom Turner, Environmental

Program Manager,

of Department

of Environmental Conservation,

being sworn,

state

the following: On July

29, 2010,
1030

to 1200,

in Alaska Department

of Environmental Conservation
Building, First Floor Large Conference

Room,

555 Cordova

St., Anchorage,

Alaska 99501,

1 presided

over

a public hearing

held

in accordance

with

AS 44.62.2

10 for the purpose

of taking testimony

in connection

with

the adoption

of changes

to

18 AAC

50 to: • update adoption

by reference

dates

of federal

rules adopted

in

18 AAC 50.035, 18 AAC 50.040,

and

18 AAC 50.990. • update adoption

by reference

of revised Standard Conditions

for
air permits

in 18 AAC 50.346. • add

a new Standard Condition

for
air permits

and associated

form

in

18 AAC 50.346. • update

the
air quality nonattainment designations

in

18 AAC 50.015. • adopt clarifications

to existing regulations

to fix typos,

to correct cross-references, and resolve internal regulation conflicts

in

18 AAC 50.302,

18 AAC 50.311, 18 AAC 50.400,

18 AAC 50.403,

18 AAC 50.410,

18 AAC 50.502, ISAAC 50.540,

18 AAC 50.542,

18 AAC 50.544,

18 AAC 50.508,

and

18 AAC 50.990. • make additional changes necessary

to clarify

the regulations

in:

18 AAC 50.055, 18 AAC
50.2

15,

18 AAC 50.306,

18 AAC 50.502,

18 AAC 50.540,

18 AAC 50.542,

and ISAAC 50.544. DATE:

7 q/’vo Anchorage,

Alaska

Tom Turner, Environmental

Program Manager SUBSCRIBED

AND SWORN

TO before

me this

day

ofA%

•

I /.dA. [NOTARY

SEAL]

Notary Public

in and
for the State

of Alaska My commission

expires:

t
4-

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (h)

Compilation of Public Comments and the State Response to the m:

Affidavit of Agency Record of Public Comment signed by Rebecca Tys on Smith dated September 27, 2010

.

Response to Comments titled Regulation Changes to Title 18, Chapter

50 of the Alaska Administrative Code

, Adoption by Reference Updates

and Standard Conditions Rulemaking

, September , 20 10 ; Prepared by : Rebecca Smith

, Al an Schuler

, Zeena Siddeek

, Jim Plosay

, Tom TurnerSTATEOFALASKA)) ss.FIRSTJUDICIALDISTRICT)AFFIDAVITOFAGENCYRECORDOFPUBLICCOMMENTI,RebeccaTysonSmith,EnvironmentalProgramSpecialist,oftheDepartmentofEnvironmentalConservation,beingdulysworn,statethefollowing:IncompliancewithAS44.62.215,theDepartmentofEnvironmentalConservationhaskeptarecordofitsuseorrejectionoffactualorothersubstantiveinformationthatwassubmittedinwritingaspubliccommentandthatwasrelevanttotheaccuracy,coverage,orotheraspectoftheDepartmentofEnvironmentalConservationregulationsonAirQualityControl,pertainingtoupdatingdatesoffederalrulesadoptedbyreference;updatingtheadoptionbyreferenceofrevisedStandardConditions;addinganewStandardConditionforairpermitsandassociatedform;updatingtheairqualitynonattainmentdesignations;adoptingclarificationstoexistingregulationstofixtypos,tocorrectcross-references,andresolveinternalregulationconflicts;andmakingadditionalchangesnecessarytoclarifytheregulations. Date:

1 14,i/Z)Juneafi,AlaskaSUBSCRIBEDANDSWORNTObeforemethis_____dayof J,méo,4 2 .,ZOfô 2 t,uca[NOTARYSEAL]NotaryPutfficandfortheIStateofAlaskaMycommissionexpires:I ‘9t.‘-4i7ep.STATEOFALASKA,.OFFICIALSEALCassidyY.KearneyJ&INOTARYPUBLIC‘JfMyCommissionExpiresWith01flcbeccaTysonEnvironmentalProgramSpecialistPage 1 of 79 Response to Public Comments Regulation Changes to Title 18, Chapter 50 of the Alaska Administrative Code Adoption by Reference Updates and Standard Conditions Rulemaking September , 20 10

Prepared by:

Rebecca Smith

Alan Schuler

Zeena Siddeek Jim Plosay

Tom Turner

The d epartment proposed regulation hygiene to the Air Quality Control regulations in 18 AAC 50 to address the following goals:

update the dates of federal rules adopted by reference in 18 AAC 50.035, 18 AAC 50.040, and 18 AAC 50.990. update the adoption by reference of revised Standard Conditions for air permits in

18 AAC 50.346.

add a new Standard Condition for air permits and associated form in 18 AAC 50.346. update the air quality nonattainment designations in 18 AAC 50.015. adopt clar ifications to existing regulations to fix typos, to correct cross

- references,

and resolve internal regulation conflicts in 18 AAC 50.302, 18 AAC 50.311, 18 AAC 50.400, 18 AAC 50.403, 18 AAC 50.410, 18 AAC 50.502, 18 AAC 50.540, 18 AAC 50.542, 18 AAC 5 0.544, 18 AAC 50.508, and 18 AAC 50.990. make additional changes necessary to clarify the regulations in 18 AAC 50.055, 18 AAC 50.215, 18 AAC 50.306, 18 AAC 50.502, 18 AAC 50.540, 18 AAC 50.542,

and 18 AAC 50.544.

Public Comment Process:

The department issued public notice of the proposed regulations on June 28 , 20 10 , and accepted public comments from June 28, 2010 , through August 3, 2010 . The Department held a public hearing on J uly 29 , 20 10. One comment ator attended the public hearing

, primarily to ask for clarification on the proposed rules so he could prepare comments . He submitted one official comment as part of the public hearing . The public hearing was transcribed.

This document responds to comments received during the comment period.

The Department received written comments from the following: A) Alan Schuler, State of Alaska Department of Environmental Conservation (ADEC); July 13, 2010; e

- mail with suggested language document attached

. (Comments

labeled Alan Schuler ) B) Donna Celia , HMH Consulting LLC (HMH) ; July 30, 2010; e

- mail with comment

letter attached , signed by S. Phillip Austin, Timothy Burke, and Donna M. Celia

. (Comments labeled HMH) C) Shannon Donnelly , ConocoPhillips Alaska Inc. (CPAI); August 3, 2010; e

- mail with

co mment letter attached, signed by Brad Thomas. ( Comments labeled CPAI)G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 2 of 79 D) Alan Schuler, ADEC ; August 3, 2010 ; e

- mail with suggested language revisions

. (Comments labeled Alan Schuler ) E) Don Mark Anthony, Alyeska Pipeline Service Company (APSC); August 3, 2010; e

mail with comment letter attached, signed by Don Mark Anthony. (Comments labeled APSC) F) Karla Kolash, North Slope Borough (NSB); August 3, 2010; e

- mail with comment letter attached, signed by Edward S. Itta, Mayor. (Comments labeled NSB) G) Marilynn Crockett, Alaska Oil and Gas Association (AOGA); August 3, 2010; e

- mail with comment letter attached, signed by Marilynn Crockett. (Comments labeled AOGA)

The Department received oral comments during the public hearing from the following: Sims Duggins

, AE Com Consulting.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 3 of 79 Alan Schuler Comments:

E

- mail that accompanied Comments Alan Schuler

- 1 and Alan Schuler

- 2:

To Whom It May Concern,
The proposed changes to the owner requested limit (ORL) provisions in 18 AAC 50.508 is helpful, but it‘s still difficult to determine when applicants should submit an ORL under 18 AAC
50.508 and when they should submit an ORL under 18 AAC 50.225. Additional revisions to
both citations are needed in order to clarify when a given provision should be used. I

recomm end the attached language.

Thank you for considering this request.

Comment Alan Schuler

- 1 : 18 AAC 50.225 is amended to read:

18 AAC 50.225. Owner

- requested limits . (a) The owner or operator of an existing or proposed stationary source may request an enforceable limit on the ability to emit air pollutants in order to avoid all permitting obligations under AS 46.14.130 . A limitation approved under

this section is an enforceable limitation for the purpose of determining

Response Alan Schuler

- 1 : The department agrees to address this comment as a clarifying revision in response to the proposed change in 18 AAC 50.508(3) found in Comment Alan Schuler

- 2.

Response Ala n Schuler

- 1 : Revised Regulations

— The regulations have been revised to reflect this change , with the deletion of the words
―in order‖.

Comment Alan Schuler

- 2 : 18 AAC 50.508(3)

– as numbered and worded in the June 25, 2010 proposal

– should read: (3) establishing an owner requested limit (ORL) at a stationary source that requires a permit under AS 46.14.130 to avoid a n additional permit classification under AS 46.14.130; if the department approves an owner requested limit on the source‘s ability to emit air pollutants, a limitation approved under an ORL is an enforceable limitation for purposes of determining

Response Alan Schul er

- 2 : The department agrees that the intent of an owner requested limit under this section is to avoid a classification at a source which will continue to require a permit under other classifications in spite of the owner requested limit. The language proposed by the commentator

is somewhat awkward

, and the department has revised the proposed regulations to meet the intent of the comment more clearly . Because the department has decided not to renumber section 18 AAC 50.508 as originally proposed ( see Response Alan Schuler

- 3 ) this paragraph will

re main 18 AAC 50.508(5).G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 4 of 79 Response Alan Schuler

- 2 : Revised Regulations

— 18 AAC 50.508(5) now reads: ( 5) establishing an owner requested limit (ORL) to avoid one or more permit

classification s under AS 46.14.130 at a stationary source that will remain subject to at least one permit classification ; a limitation approved under an ORL is an enforceable limitation for
purposes of determining

...

Comment Alan Schuler

- 3 : To Whom It May Concern, The Air Permits Program Title I group fears that the proposed renumbering of 18 AAC 50.508 will create confusion for both industry and staff. We have numerous permit decisions that reference the existing sub

- sections. These references will become erroneo us if the proposed changes become effective, which will create confusion and potential misunderstandings as to the basis of our past permit decisions.

The Title I group understands that the renumbering was partly developed to accommodate the

Title I

– T itle V permit interface proposed as 18 AAC 50.508(b). The permit interface is

needed. However, is there a way to adopt this interface without renumbering the 18 AAC 50.508

sub

- sections? Could the permit interface be established under a new section, for example 18

AAC 50.510?

Response Alan Schuler

- 3 : The department agrees with this comment and recognizes that the proposed renumbering of 18 AAC 50.508 would result in confusion for currently permitted sources. Therefore the addition of 18 AAC 50.508(b) w ill be moved to a new section of the regulations and the numbering of the remaining subsections of 18 AAC 50.508 will revert to the current format.

Response Alan Schuler

- 3 : Revised Regulations

— The proposed change to 18 AAC 50.508 has been moved to a new section, 18 AAC 50.510, and the rest of 18 AAC 50.508 has been renumbered. Additionally, references that were changed as a result of the proposed change have been corrected back to the current correct

reference and as a result will not appear in the fina l regulations revisions package

. See also Response AOGA

- 8 for 18 AAC 50.510 rewording.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 5 of 79 HMH Consultants Comments :

Comment HMH

- 1 : Spelling correction. SC IX, Page 5, Condition 3.1(d)(i)

―Within twelve months after the preceding observations observation ;

Response HMH

- 1: This comment was addressed as part of Response AOGA

- 33.

Response HMH

- 1 : Revised Regulations

— The change has been made to the SC as part of Response AOGA

- 33.

Comment HMH

- 2: Unclear sentence; consider revising. SC IX, Page 5, Condition 3.1(d)(ii)

As written, this sentence is very confusing. We suggest changing the language to read, ―For an emission unit with intermittent operations, during the next scheduled operation or once every twelve months, whichever is greater.‖ We b elieve that this modification conveys the same meaning more clearly than the language in the draft regulation.

Response HMH

- 2: This comment was addressed as part of Response AOGA

- 33.

Comment HMH

- 3: Contest to renumbering of subparts to 18AAC50.508.

Air Quality Control Regulations, Page 13, 50.508

The Department has proposed removing 508.1 and 508.2, both of which were repealed in 2008. This causes the remaining subparts to be re

- numbered in consecutive order from 1 to 4. There are many facilities that c urrently hold ORLs that were issued under 508.5. These documents do not expire. When the regulations are modified in such a way that it causes the subparts to be renumbered, it will mean that regulatory citations within the ORL documents already issued wi ll be incorrect. As time goes on, fewer and fewer people presently engaged in the decision to modify the regulations will be present at the Department to explain the inconsistency.

Federal regulations regularly change. Subparts and portions of rules get permanently removed; however, the numbered section remains within the document, often signified with the word [Reserved.] . This prevents inconsistency between regulatory citations in various documents produced over time by the EPA. Furthermore, in the even t that regulatory additions are made, place holders offer space for insertion of additional rules and language

— without causing renumbering throughout the whole document. The DEC should reconsider removing 508.1 and

508.2.

Response HMH

- 3 : Please see Respon se Alan Schuler

- 3.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 6 of 79 Response HMH

- 3 : Revised Regulations

— Please see Response Alan Schuler

- 3: Revised Regulations.

Comment HMH

- 4: Re

- iteration of Emission Standards Standard Operating Permit Condition V, Page 4

The Department has added Conditions 1.1 through 1.3 in order to incorporate the enforcement of the emission standards for insignificant units into the body of the permit. It does, however, re

iterate language verbatim that will have already been used in the state requirements section of the

per mit

— a redundancy that can be avoided without losing the enforceability or the meaning. We suggest removing sub

- conditions 1.1 through 1.3, and modifying Condition 1 to read:

―...and for emission units at the stationary source that are insignificant as defin ed in 18 AAC 50.326(d)

- (i) that are not listed in this permit, the Emission Standards provided in Conditions

< reference State Requirement conditions for visible emissions, particulate matter, and sulfur>.

Response HMH

- 4 : The changes proposed to Standard Permit Condition V combine all of the applicable State requirements for fuel burning equipment and industrial process insignificant emission units (IEUs) into a single condition for ease of understanding, compactness, and logical order. Previously each St ate requirement applicable to IEUs was spelled out in a separate permit condition with an associated condition for monitoring, record keeping and reporting (MR&R). The commenter makes the suggestion that the State standards in sub

- conditions 1.1 through 1 .3 be removed as they are redundant with State requirements typically spelled out elsewhere in the State emission standard section of an operating permit.

N ot all operating permits include these referenced redundant state emission standards. For example, the Tesoro Nikiski Terminal does not contain significant emission units that are also fuel burning equipment or industrial processes. For ease of application, the d epartment decided to include both emission standards and obligations for certification in l ieu of specific monitoring, recordkeeping and reporting in this standard condition.

For the reasons stated, the d epartment does not adopt this suggested modification.

Response HMH

- 4 : Revised Regulations

— The regulations will not be revised.

Comment HMH

- 5: Minor correction Standard Condition, Condition IX, Page 15

The last sentence of the second paragraph should read: ―If a client conducts an emission unit surveillance at any time, that surveillance can re

- set the date for which the next periodic

sur veillance is due.

Response HMH

- 5 :G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 7 of 79 This comment mirrors Comment AOGA

- 5 4. The department agrees to use the corrected text as proposed

.

Response HMH

- 5 : Revised Regulations

— The language in SC IX has been revised.

Comment HMH

- 6: Availability of complete Standard Conditions to the public

General Comment

The department reinforces its ability to use conditions other than the Standard Conditions at by inserting the following phrase into each Standard Condition:

―The department will use standard permit condi tion III in each construction or operating permit unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.‖

This policy is clarified in the introduction to several of the Standard Conditions with a description of circumstances where emission unit or stationary source specific conditions more adequately meet 18 AAC 50. In the past, minor modifications, as well as major ones, have been

made to the Standard Conditions. The facility operator should be able to identify the ways in which the conditions of the permit differ from the Standard, and he should be able to understand and concur with the determination that his facility requires such a condition. For this reason,

HMH C onsulting suggests making a complete copy of the Standard Conditions available on the Department website.

Response HMH

- 6 : The Standard Conditions are all available on the Division‘s website at http://d ec.alaska.gov/air/ap/stdreg.htm . The department updates the page when new standard conditions are adopted.

Response HMH

- 6 : Revised Regulations

— No changes required.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 8 of 79 North Slope Borough Comments:

Comment NSB

- 1: Adoption by Reference Update

- Sections 18 AAC 50.035(b) and 18 AAC 50.040 The North Slope Borough (NSB) supports the adoption by reference of updated Prevention of Significant Deterioration, New Source Performance Standards (NSPS) and National Emission

Standards for Hazardous Air Pollu tants (NESHAPS) requirements, including the Greenhouse House Gas (GHG) Tailoring Rule.

Response NSB

- 1 : The d epartment acknowledges the comments from the NSB.

Response NSB

- 1 : Revised Regulations

— No change required.

Comment NSB

- 2 : Addition of Section 18 AAC 50.215( f) and Revision of Section 50.540(c)(2)(B) The addition of section 18 AAC 215(f) to "clarify modeling requirements" allows DEC to grant approval to applicants to use alternative modeling procedures and demonstration thresholds "at [the DEC's] discretion". The NSB does not support the use of discretionary provisions in the regulations that allow DEC unlimited authority to approve alternative modeling practices. DEC must clearly specify under what exact circumstances DEC will grant approval for the use of alternative modeling practices. Without more specific criteria it is impossible to assure consistency and ensure all applicable modeling requirements are met. The provision, as proposed, allows for unconstrained discretion on the part of DEC and must be more clearly

defined in the codified rules.

Similarly, the propo sed revision to Section 18 AAC 50

. 5 40(c)(2)(B) allows for the exclusion of an ambient analysis of sulfur dioxide from portable oil and gas operations if DEC grants such an exclusion, in writing. The NSB does not support this discretionary provision allowing sources to avoid demonstrating attainment of the air quality standards for S02 without further details specifying how DEC will evaluate which sources are exempt from such a require ment. Without this information, NSB cannot be assured that DEC will be ensuring adequate protection of the air quality standards.

In general, the NSB does not support the use of discretionary measures in the state rules that allow DEC sole discretion to g rant a variance from certain requirements. DEC must clearly specify the criteria that will be used to determine which sources will be allowed under alternative provisions. Only with this level of specificity can the NSB properly evaluate the allowances tha t are proposed with these two regulatory changes.

Response NSB

- 2:

The d epartment disagrees that the proposed regulatory provisions grant the department ―unlimited authority‖ in regards to modeling practices. While the provisions grant the department discretion, that discretion is bounded by 18 AAC 50.215(b), (c)

, and (e). The department nevertheless agrees that revisions are warranted. The department will specifically address each citation separately.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 9 of 79 18 AAC 50.215(f) In addition to the general m odeling constraints listed in 18 AAC 50.215(b), (c)

, and (e), the proposed language in 18 AAC 50.215(f) is further limited to:

1) An ambient demonstration conducted in support of a minor permit application under 18 AAC 50.540(c)(2); 2) A screening

- level anal ysis, per 18 AAC 50.542(c); and 3) The geographic areas not precluded under 18 AAC 50.542(a)(1).

―Screening‖ techniques are discussed in Section 2.2 and 4.2.1 of the Guideline on Air Quality

Models (Guideline), which the department has adopted by reference i n 18 AAC 50.040(f). Screening

- level assessments regard ―relatively simply estimation techniques that generally use

preset, worst

- case meteorological conditions to provide conservative estimates of the air quality impact of a specific source, or source cat egory.‖ The very nature of a screening assessment generally precludes their use in a complex (e.g., multi

- emission unit) analysis. Applying these techniques in a multi

- unit analysis can be difficult, and the compounding effects of summing multiple conse rvative results typically leads to gross overestimates of the ambient impact

– which typically do not demonstrate compliance with the given standard. The technique in 18 AAC 50.542(c)(2) is

, therefore

, essentially limited to fairly simple assessments.

W hile 18 AAC 50.542(c) is limited to screening

- level assessments, this limitation could be high

- lighted in 18 AAC 50.215(f). 18 AAC 50.542(c) includes language in sub

- paragraph (1)(B) that further clarifies the screening

- level nature of these assessments. The sub

- paragraph states a screening ambient air quality analysis must ―use a model and screening meteorological

data approved by the department... ‖ (emphasis added). The proposed version of 18 AAC 50.215(f) did not include this citation or clarification. The department has therefore included similar language in the adopted version of 18 AAC 50.215(f).

An analysis conducted under 18 AAC 50.215(f) must also demonstrate compliance with either the thresholds established in 18 AAC 50.542(c)(2)(A) or the si gnificant impact levels established in Table 5 of 18 AAC 50.215(d). The department does not have discretionary authority to revise these thresholds or to establish alternative significant impact levels.

The department included the phrase, ―at [the depa rtment‘s] discretion‖ to clarify that the department has the final say in determining whether this screening

- level approach may be used, not the applicant. The use of professional judgment by the reviewing authority is consistent with the Guideline (e.g., see Section 1.0c, 8.2.3b, and 8.2.3d). Under no circumstance though, would the use of department discretion trump the public‘s ability to comment on a preliminary decision issued under 18 AAC 50.542(d).

18 AAC 50.540(c)(2)(B) In reviewing the NSB‘s com ments, the department realized that the proposed revision to

sub

- paragraph 18 AAC 50.540(c)(2)(B) is redundant with the language in 18 AAC 50.540(c)(2). 18 AAC 50.540(c)(2) already grants the department authority to make a finding in writing that

the sta tionary source or modification does not need an ambient analysis. Therefore, there is no need to repeat this provision for a given pollutant in a sub

- paragraph.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 10 of 79 Response NSB

- 2 : Revised Regulations

— 18 AAC 50.215(f) now reads: A person conducting a screening

- level modeling analysis under 18 AAC 50.540(c)(2) for a non fast

- track minor permit application may seek department approval to use the procedures and demonstration thresholds described in 18 AAC 50.542(c)(2), except when modeling a stationary so urce subject to 18 AAC 50.542(a)(1). The analysis would need to use a model and screening meteorological data approved by the department . The department may grant approval to use such procedures and demonstration thresholds at its

discretion.

The d epa rtment has removed the proposed changes to 18 AAC 50.540(c)(2)(B) from the revision package

.

Comment NSB

- 3 Proposed Revisions to Standard Condition IX

- Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Sources DEC is proposing changes to Standard Condition IX to "clarify requirements" for Method 9 observations for sources. These changes will reduce periodic monitoring requirements. The NSB does not support the relaxation of these periodic monitoring requirements without assurance that the proposed revisions will not adversely affect the ability to demonstrate compliance for these sources. These provisions are meant to provide for increased flexibility for permit holders but DEC must provide an analysis of how the se changes will impact its ability to monitor compliance for these sources. As proposed, these changes allow for less frequent monitoring and longer timeframes for completing monitoring. DEC must determine whether a decrease in compliance assurance may res ult from the proposed increase in flexibility for sources.

Response NSB

- 3 : The d epartment proposes to clarify terms and language used in SPC IX only to the extent that the original terms were unclear, required typographical correction, or where monitoring,

record

- keeping or reporting terms appeared to contradict d epartment rules, regu lations or policy guidance. The d epartment makes every effort to provide SPC‘s that are clear, concise, and fulfill the requirement of regulation. The d epartment does acknowledge that it reduces periodic monitoring in the event a dual fuel unit burns liq uid fuel and for intermittently operated emission
units. The ―one

- size fits all‖ approach in IX for periodic monitoring in the prior version of SPC IX required substantially more monitoring per hour of operation of an intermittent unit infrequently operat ed and for a dual fuel unit that infrequently uses liquid fuels. Although the NSB‘s assertions are laudable, the d epartment accepts that a decrease in compliance assurance activities is warranted based on the limited use designation of the unit.

To avoi d ambiguity regarding what constitutes and intermittently used unit, the department has added a definition to distinguish that universe of fuel burning equipment.

Response NSB

- 3 : Revised Regulations

— The language in SC IX has been revised to include a de finition to distinguish that universe of fuel burning equipment.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 11 of 79 CPAI and APSC Comments:

CPAI and APSC submitted comments that were substantively the same ; only the lead

- in letter language differed. Therefore they were responded to together.

CPAI Letter:

CPAI has reviewed the comments being submitted by AOGA and we fully support and endorse the AOGA comments on needed changes to the proposed regulations.

CPAI also respectfully submits the following comments that apply to the regulations and Standard Permit Conditions. Some of our comments are not necessarily directly associated with the June 25, 2010 proposed revisions. However, we have carefully reviewed 18 MC 50 in its entirety and we wish to take this opportunity to comment on additional r evisions to 18 MC 50 that we consider to be important. Of note, we have included comments regarding Standard Permit Conditions XI and XIV, which the Department has not proposed to be updated.

APSC Letter:

Please consider the following comments regarding the June 25, 2010 proposed changes to 18 AAC 50 Alaska Air Quality Control Regulations and updates to the Standard Permit Conditions under 18 AAC 50. These comments mirror the comments provided by ConocoPhillips Alaska, Inc. (CPAI). As noted by CPAI, some of the comments address several sections of 18 AAC 50 including standard permit conditions which are not being proposed for revision at this time. However, due their significance, Alyeska concurs with the importance of supporting the

comments for consider ation by the Department in this rulemaking. If t he Department is limited by their ability to incorporate the changes at this time, Alyeska requests a subsequent rulemaking that addresses the revision requests.

In addition to these comments, Alyeska fully supports the comments submitted by the Alaska Oil and Gas Association (AOGA) as they apply to the proposed regulations and standard permit

conditions.

Comment CPAI

- 1/APSC

- 1 : Delete (repeal) 18 MC 50.015(b)(2)(A).

Basis: The Mendenhall Valley area of Juneau is no longer designated by the federal

administrator a s "nonattainment" for PM

- 10 . See 75 FR 41379

- 41381, dated July 16, 2010.

Comment Duggins

- 1: From transcript, page 5: ―...So at this

— in this form, I do have one comment. I guess that I

would ma ke, and then some questions. The comment that I have would be related to section 18 AAC 50.015(b). And this is not a proposed change to the rules. But I note that under (b)(2), it states that PM10 Mendenhall Valley in Juneau is a nonattainment area. Bu t very recently, in fact

since

— probably before

— since after these rules were issued for public comment, the EPA has determined that the Mena Hall Valley of Juneau is no longer a nonattainment for PM10. So the question that I have is, is it appropriate to c omment to remove that now because it is a little bitG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 12 of 79 outside of the scope I guess, of the proposed changes? If so then I guess I am making the

comment now. There was a Federal Register published on July 16, 2010, that changed the designation of Mendenhal l Valley for nonattainment to attainment....‖

Response CPAI

- 1/APSC

- 1 /Duggins

- 1 : The d epartment does not agree with the proposed repeal. Although the Mendenhall Valley has monitored attainment for the PM 10 standard, it has not yet been reclassified from non

attainment to a maintenance area by EPA. Therefore it is premature to repeal the designation at

this time. When EPA has reviewed, reclassified, and published notice of the change of designation, the de partment will revise 18 AAC 50.015(b)(2)(A) accordingly.

Response CPAI

- 1/APSC

- 1 /Duggins

- 1 : Revised Regulations

— The regulations will not be revised.

Comment CPAI

- 2/APSC

- 2: The Department included in the proposed June 25, 2010 revisions to the rules corrections to some typographical errors found in the regulations. The following are additional corrections to typographical errors in 18 MC 50 that we have identified

-

a) 18 AAC 50.035( c ) (2)

- "ASTM D 1266

- 98, Standard Test Method for Sulfur in

Petroleu m Products (Lamp Method)"

b) 18 AAC 50.220( c ) (3)

- "standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus the excess air volume normal for the specific source emission unit type, correc ted to standard conditions"

c) 18 AAC 50.326( i)

- "Applications

- insignificant emission units: administratively insignificant sources emission units ....‖

d) 18 AAC 50.345( m)

- "b efore conducting any source tests, the permittee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how the source emission

unit will operate during the test and how the permittee will document that operation....

"

e) 18 AAC 50.502( b)

- "If a stationary source or modification may require requires permits under more than one section in this chapter, the owner or operator may f ile a single permit application ...‖

f) 18 AAC 50.502(e)

- "For the purposes of (c)(3) (B) of this section ... "

g) 18 AAC 50.502(h)( 3 ) (A)

- " ... net emissions increase within the meaning of 40 C.F.R. 52.21 (b)(3), (23), and (40 ) , o r to a major stationary source; ... "

Basis: In addition to the typographical errors, the term "source" should be changed to "emission unit" where appropriate based on the rule changes that occurred on 10/1/04.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 13 of 79 Response CP

A I

- 2/APSC

- 2 : The suggested corrections in Comment s CPAI

- 2 a)

– e ) and g) /APSC

- 2 a)

– e) and g) address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package. Additionally, the typos in comments 2 a) and 2 g) are n ot found in the official version of the regulations found at http:/ /www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi

bin/folioisa.dll/aac/query=[group+title18chap50!3A]/doc/{t72382}/hits_only which is the official version of the regulations. Therefore it is unnecessary for them to be c orrected.

The department agrees that Comment CPAI

- 2 f)/APSC

- 2 f) is a typo that can be corrected to clarify the regulations.

Response CP

A I

- 2/APSC

- 2 : Revised Regulations

— The typo in Comment CPAI

- 2 f)/APSC

- 2 f) has been corrected in the regulations. No

other changes will be made to the regulations as a result of these comments.

Comment CPAI

- 3/APSC

- 3:

P M

- 10 standard in 18 AAC 50.010(1) (A)

- we note that the PM2.5 standards added to the Alaska Air Quality Regulations under 18 AA C 50.010(1)(8) on April 1 include a reference to 40 CFR 50, Appendix N, "Interpretation of the National Ambient Air Quality Standards for PM2.5". We suggest that the Department do the same for the PM

- 10 standard to aid in interpretation of how to determine if the "expected number o f days in a calendar year with a 24

- hour average

concentration above 150 micrograms per cubic meter is less than or equal to one day" by citing 40 CFR 50, Appendix K, "Interpretation of the National Ambient Air Quality Standards for Particulate Matter", ad opted by reference in 18 AA C 50.035(b). Compare, for example, the language of the PM

- 10 24

- hr standard in 40 CFR 50.6 to the standard as stated in 18 AA C 50.010(1)(A). We base this comment on the assumption that the State's intention is to establish

the PM

- 10 24

- hr standard to be equivalent to the National Ambient Air Quality Standard for PM

10 in 40 CFR 50.6.

Basis: This change should make it less likely that a reader who is unfamiliar with the rules would

not understand that additional information regarding compliance with the standard is found in an appendix of 40 CFR 50 that otherwise is not readily obvious should be reviewed. For example, Appendix K of 40 CFR 50 includes a provision that states that the PM

- 10 24

- hr standard of 150 micrograms per cubic meter is not to be exceeded more than once per year on average over 3

years . See also footnote 5 to the table found at http://www.epa.gov/air/criteria.html#5.

Response CP

A I

- 3/APSC

- 3 : The suggested correction in Comment CPAI

- 3 /APSC

- 3 addresses topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 3/APSC

- 3 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 14 of 79 Comment CPAI

- 4/APSC

- 4: The regulations typically include documentation of a subsection that has been repealed. See, for example, 18 AA C 50.322. However, such is not the case for 18 AA C 50.325, which was repealed in 2004, but there is no record of the change in the regulations. We believe that the following text should be inserted into the regulations at 18 AA C 50.325

–

" 18 AAC 50.325. Operating Permits: Classifications. Repealed. (Ef f

. 1/18/97, Register 141; am 6/21/98, Register 146; repealed 10/1/2004, Register 171)"

Basis: We gathered the citation information for this comment from 18 AA C 50, dated 5/3 / 2002 and note that 50.325 was repealed with the regulations published 10/1/2004.

Response CP

A I

- 4/APSC

- 4 : The suggested correction in Comment CPAI

- 4 /APSC

- 4 addresses a topic that was not proposed in the regulation package under consideration. Additionally, the omission noted in this comment is not found in the official version of the regulations found at http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi

bin/folioisa.dll/aac/query=[group+title18chap50!3A]/doc/{t72382}/hits_only ? which is the official version of the regulations. Therefore it is unnecessary for it to be corrected.

Response CP

A I

- 4/APSC

- 4 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment CPAI

- 5/APSC

- 5: 18 AAC 50.326(g) and 50.326(h)

- The first two sentences under 18 AA C 50.326(h) state the following

- "This subsection lists emission units or activities that may be insignificant on the

basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard under 18 AA C 50.050

- 18 MC 50.090 must be listed on the permit application." (emphasis added) Note the following

–

• 18 AAC 50.326(h) addresses insignificant emission units (IEUs) classified on

a case

- by

- case basis, not on the basis of size or production rate.

• 18 AAC 50.326( g) addresses IEUs on the basis of size or production rate.

• The emission unit types listed in 18 AA C 50.326(h) for consideration as insignificant on

a case

- by

- case basis ( i. e., certain ponds and lagoons, and coffee roasters) would never be subject to a standard under 18 AA C 50.050

- 50.090, but emission unit types under 18

AA C 50.326(g) are potentially subject to these standards.

Based on these facts, it is clear that the two sentences at the beginning of 18 AA C 50.326(h) should be deleted and moved to the beginning of 18 AA C 50.326(g).

Response CP

A I

- 5/APSC

- 5 :G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 15 of 79 The suggested correction in Comment CPAI

- 5 /APSC

- 5 addresses topics that were not proposed in the regulation package under consideration. The departmen t will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 5/APSC

- 5 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment CPAI

- 6/APSC

- 6:

18 AAC 50.346(a) & (b)

- In considering the a) and b), below, recall that types of construction permits are listed under 18 AA C 50.302. Construction permits under 18 AA C 50.302 and minor permits under 18 AA C 50.502 and 50.508 are considered Title I permits as defi ned in 18 AA C 50.990, but 18 AA C 50.345 and 50.346 do not use the term "Title I".

a) The language of this subsection (18 AA C 50.346) states that the permit conditions presented in the subsection apply to "a construction permit or Title V permit". By

contr ast, the language in 18 AA C 50.345 states that the permit conditions presented in that subsection apply to "construction, minor and operating permits" (emphasis added). This implies that the "other permit conditions" found in 18 AA C 50.346 are not

intende d for use in minor permits; however, the Department also uses the conditions in

18 AA C 50.346 in minor permits. Was there an original intent to not include the

conditions of 18 AA C 50.346 in minor permits? If so, then the language in 18 AA C

50.346 should be clarified to state that the conditions in 18 AA C 50.346 will not be used by the Department in minor permits. Compare the presentation of 18 AA C 50.345(a) to that of 18 AAC 50.346(a). Also, note that 18 AA C 50.544(a)(5) (Minor Permits: content) states th at the Department will include in each minor permit issued

under 18 AA C 50.542, "the standard permit conditions in 18 AA C 50.345, as applicable", but does not indicate that the conditions in 18 AA C 50.346 will be included in a minor permit.

b) The titles of the permit conditions in this s ubsection (18 AA C 50.346) are inconsistent.

Some are called "Standard Permit Conditions" while others are called "Standard Operating Permit Conditions" (emphasis added). This implies that conditions that do

not include the word "Operating" in the title are intended only to be included in construction permits and that conditions that do include the word "Operating" in the title are intended only to be included in Title V permits. If this was not the original

intent of the ru le, then the titles for the conditions outlined in 18 AA C 50.346 should

be corrected to be consistently called "Standard Permit Conditions". Again, it has been

our experience that the Department includes conditions labeled as "Standard Operating

Permit Conditions" in construction permits as well as Title V permits.

Response CP

A I

- 6/APSC

- 6 : The department acknowledges that there is a lack of clarity in the language in 18 AAC 50.346. However, addressing the comments would require potential revisions to th e regulations that are beyond the scope of the current proposed regulations and would require additional public comment period. The department will retain the comments for potential inclusion in a future regulation revisions update package.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 16 of 79 Response CP

A I

- 6/APSC

- 6 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment CPAI

- 7/APSC

- 7: 18 AAC 50.540(k)

- We suggest that the following change be made to this subsection in order to provide additional clarity in the same vein as 18 AAC 50.540(j )

"An application for a minor permit revising or rescinding terms or conditions of a Title I permit under 18 AA C 50.508(a)(4) must include ... "

Response CP

A I

- 7/APSC

- 7 : The department agrees with the comment and considers this a clarifying revision to 18 AAC 50.540(k).

Response CP

A I

- 7/APSC

- 7 : Revised Regulations

— The regulations have been revised to include the proposed change, pursuant to the additional numbering chang e made as a result of Response Alan Schuler

- 3.

Comment CPAI

- 8/APSC

- 8: 18 AAC 50.990(42)

- The definition for Good Engineering Practice (GEP) Stack Height presented here states that for stacks with a height of 213 feet or less, the GEP height is the

"actu al physical height of the stack". Typically, "GEP Stack Height" is used to define the limit of the maximum height of a flue gas stack and, in the case of existing flue gas stacks that exceed the GEP stack height, any air pollution dispersion modeling studies for such stacks must use the GEP stack height rather than the actual stack height. Determination of the GEP height is based

on a number of factors as described in 40 CFR 51.1 00( ii), none of which is associated with the actual physical height of the stack. Section 6.2.2 of 40 CFR 51 Appendix W, adopted by reference in 18 AAC 50.040(f), describes how air quality impacts associated with cavity or wake effects due to the nearby building structures should be determined for stacks found to be "less

than G EP height". Using the "actual physical height of the stack" to define GEP height does not

make sense in this context since the physical height of the stack is to be compared to the GEP height, not treated as the GEP stack height. Further, we do not see any purpose for the state regulations to define GEP height to be any different than the height defined by federal regulation

under 40 CFR 51.1 00(ii) . As such we propose that the definition found in 18 AAC 50.990(42) be changed as follows:

"(42) "good engine ering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of July 1, 2007 and adopted by reference; or (B) for all other stack heights, means the actual physical height of the stack;"

Response CP

A I

- 8/APSC

- 8 : The suggested corrections in Comment CPAI

- 8 /APSC

- 8 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 17 of 79 Response CP

A I

- 8/APSC

- 8 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment CPAI

- 9/APSC

- 9:

Standard Permit Condition IX

- Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units

Standard Permit Condition (SPC) IX.4.1a prescribes specific information to be reported on the Visible Emissions Field Data Sheet (reporting form) regar ding visible emissions. These items should be included on the reporting form as designated fields. Failing to include these fields introduces another potential for a Permittee to miss a minor detail for reporting. We request that the reporting form be upda ted to include all relevant and required information and that the Department add the Visible Emissions Field Data Sheet and the Visible Emissions Observation

Record to SPC IX. We believe the forms attached to this letter include the appropriate

information that matches SPC IX.4.1 a.

Response CP

A I

- 9/APSC

- 9 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed and will include the following replacement reporting form inserted as

d epartment

- provided VE forms:G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 18 of 79

VISIBLE EMISSION OBSERVATION FORM
This form is designed to be used in conjunction with EPA Method 9, “Visual Determination of the Opacity of Emissions form Stationary Sources.” Temporal changes in emission color, plume water droplet content, background color, sky conditions, observer position, etc. should be noted in the comments section adjacent to each minute of readings. Any information not dealt with elsewhere on the form should be noted under additional information. Following are brief descriptio ns of the type of information that needs to be entered on the form: for a more detailed discussion of each part of the form, refer to “Instructions for Use of Visible Emission Observation

Form.”

Note: items marked  are required by Reference 9; other items recommended.

Stationary Source Name: full company name, parent company or division or subsidiary information, if necess ary.

Address: street (not mailing or home office) address of facility where VE observation is being made.

Phone (Key Contact): number for appropriate contact.

Source ID Number: number from agency files, etc.

Process Equipment, Operating Mode: brief descrip tion of process equipment (include type of facility) and operating rate, % capacity, and/or mode (e.g. charging, tapping,
shutdown).

Control Equipment, Operating Mode: specify type of control device(s) and % utilization, control efficiency.

Describe Emissi on Point: for identification purposes, stack or emission point appearance, location, and geometry; and whether emissions are confined (have a specifically designed outlet) or unconfined (fugitive).

Height Above Ground Level: stack or emission point height
relative to ground level; can use engineering drawings, Abney level, or clineometer.

Height Relative to Observer: indicate height of emission point relative to the observation point.

Distance from Observer: distance to emission point; can use rangefinder o r map.

Direction from Observer: direction plume is traveling from

observer.

Describe Emissions and Color: include physical characteristics, plume behavior (e.g., looping, lacy, condensing, fumigating, secondary particle formation,
distance plume visible, e tc.), and color of emissions (gray, brown, white, red, black, etc.). Note color changes in

comments section.

Visible Water Vapor Present?: check “yes” if visible water
vapor is present.

If Present, is Plume...: check “attached” if water droplet plume forms prior to exiting stack, and “detached” if water droplet plume forms after exiting stack.

Point in Plume at Which Opacity was Determined: describe physical location in plume where readings were made (e.g.,
1 ft above stack exit or 10 ft. after dissipation o f water plume).

Describe Plume Background: object plume is read against, include texture and atmospheric conditions (e.g., hazy). Background Color: sky blue, gray

- white, new leaf green, etc.

Sky Conditions: indicate cloud cover by percentage or by description (clear, scattered, broken, overcast).

Wind Speed: record wind speed; can use Beaufort wind

scale or hand

- held anemometer to estimate.

Wind Direction From: direction from which wind is blowing;
can use compass to estimate to eight points.

Ambien t Temperature: in degrees Fahrenheit or Celsius.

Wet Bulb Temperature: can be measured using a sling psychrometer RH Percent: relative humidity measured using a sling psychrometer; use local US Weather Bureau measurements only if nearby.
Source Layout Sket ch: include wind direction, sun position, associated stacks, roads, and other landmarks to fully identify location of emission point and observer position.

Draw North Arrow: to determine, point line of sight in direction of emission point, place compass be side circle, and draw in arrow parallel to compass needle. Sun‘s Location: point line of sight in direction of emission point, move pen upright along sun location line, mark location of sun when pen‘s shadow crosses the observer‘s position.

Observation Dat e: date observations conducted.

Start Time, End Time: beginning and end times of observation period (e.g., 1635 or 4:35 p.m.).

Data Set: percent opacity to nearest 5%; enter from left to right starting in left column. Use a second (third, etc.)
form, if r eadings continue beyond 30 minutes. Use dash (

- ) for readings not made; explain in adjacent comments

section.

Comments: note changing observation conditions, plume characteristics, and/or reasons for missed readings. Range of Opacity: note highest and low est opacity number.
Observer’s Name: print in full.

Observer‘s Signature, Date: sign and date after performing VE

observation. Organization: observer’s employer.

Certified By, Date: name of “smoke school” certifying

observer and date of most recent certification.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 19 of 79G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 20 of 79 Response CP

A I

- 9/APSC

- 9 : Revised Regulations

— The listed forms will be included in SPC IX.

Comment CPAI

- 10/APSC

- 10:

Revise SPC X I .1 as follows:

" 1. Sulfur Compound Emissions. In accordance with 18 AAC 50.055(c), t The permittee shall not cause or allow sulfur compound emissions, expressed as S02, from EU ID(s) <insert identification of emission units> to exceed 500 ppm averaged over three hours."

Basis: We propose to delete the reference to 18 AAC 50.055(c) from the standard condition since the permit condition includes a citation below the condition making the reference in the condition unnecessary.

Response CP

A I

- 10/APSC

- 10 : The suggested corrections in Comment CPAI

- 10 /APSC

- 10 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 10/APSC

- 10 : Revised Regulations

— No chan ges will be made to the regulations as a result of these comments.

Comment CPAI

- 11/APSC

- 11: 11) Add a new condition SPC XI.2 as follows that applies to sources that burn distillate fuels. We have provided two versions of the new condition. We request that each version be added to

SPC XI.

The intent of this first version of the condition is that it would be used for Permittees that prefer to simplify the condition and who will rely on continuous use of distillate fuel for the diesel/liquid fired emissi on units. For this option, existing Conditions 2 through 4 would not be included in a permit.

"2. Sulfur Compound Emissions

- Distillate Fuel (exclusively). The permittee shall certify annually under <insert annual compliance certification condition> that only distillate fuel was combusted at the stationary source. Such fuels include No.1 and No.2 diesel fuel and blends, arctic grade diesel fuel, low sulfur diesel fuel, ultra low sulfur diesel fuel, jet fuel, and kerosene."

The intent of this second version of the condition is that it would be used as an option in conjunction with the existing MR&R conditions for Permittees that prefer to have more than one compliance option. For this option, new Condition 2 would be included along with existing Condi tions 2 through 4.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 21 of 79 "2. Sulfur Compound Emissions

- Distillate Fuel (with other options). In lieu of complying with the monitoring, recordkeeping, and reporting requirements of conditions 2 and 3, or 4 [See note below] , the permittee may certify annually u nder <insert annual compliance certification condition> that only distillate fuel was combusted at the stationary source. Such fuels include No.1 and No.2 diesel fuel and blends, arctic grade diesel fuel, low sulfur diesel fuel, ultra low sulfur diesel fue l, jet fuel, and kerosene."

Basis: Compliance with the sulfur compound emission limit of 18 AA C 50.055(c) is assured when the sulfur content of diesel/liquid fuel is less than 0.75 percent by weight and distillate

fuels all have less than 0.5 wt% sulfur. Our proposed change is also consistent with the move to low sulfur diesel (LSD) and ultra low sulfur diesel (ULSD) by the entire country. ( NOTE: The

numbers we reference in the proposed second version of the condition above are the current
condition number s, not the resulting numbers after the addition of a new condition.)

Response CP

A I

- 11/APSC

- 11 : The suggested corrections in Comment CPAI

- 11 /APSC

- 11 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 11/APSC

- 11 : Revised Regulations

— No chan ges will be made to the regulations as a result of these comments.

Comment CPAI

- 12/APSC

- 12: 12) Combine a revised version of SPC X1.2.2 with SPC XI.2.1 b(i) as shown below and delete

SPC XI.2.2 . Proposed changes to the version of SPC X1.2.2 that we suggest be incorporated into SPC X1.2.1 b(i) are shown with double underline (inserts) and strikeout.

"(i) test the fuel for sulfur content using an appropriate method listed in 18 AA C

50.035 (b)

- (c) or 40 C.F.R. 60.17 incorporated by reference in 18 AAC 50.040(a)(1)

or another method approved in writing by the department ; or"

Basis: 1 ) Combining these two conditions will help to improve the clarity and flow of the permits.

2) It is our understanding that EPA indicated to the Department in their review of the Alaska Title V program that phrases such as "or another method approved in writing by the department" cannot be included in Title V permits. Our proposed revision is based on language that the Department has been using in Title V permits, except tha t we have suggested that the language allow for the use of any method listed in 18 AA C 50.035 or 40 CFR 60.17 in contrast to the language that the Department has been including in Title V permits that requires a method to be

listed in 18 AA C 50.035 and 40 CFR 60.17. We do not agree that an approved testing method

should have to be included in both citations to make it acceptable for use.

Response CP

A I

- 12/APSC

- 12 :G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 22 of 79 The suggested corrections in Comment CPAI

- 12 /APSC

- 12 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 12/APSC

- 12 : Revised Regulations

— No chan ges will be made to the regulations as a result of these comments.

Comment CPAI

- 13/APSC

- 13: 13) Revise SPC X1.2.3 as follows:

"2.3 If a shipment load of fuel contains greater than 0.75% sulfur by weight, the permittee shall calculate S0 2 emissions in PPM using either condition the Material

Balance Calculation shown in Section <insert cross reference to standard permit

condition XII

- S02 material balance calculation> or Method 19 of 40 C.F.R. 60, Appendix A

- 7, adopted by reference in 18 A A C 50.040(a)."

Basis: 1) We believe it is appropriate to use the term "shipment" instead of "load" in this condition since SPC X1.2.1 and XI.3.2.b use the term "shipment". Further, we assume it is not the Department's intent to require that if a shipmen t of fuel includes more than one truckload of

fuel that the fuel in each truck would have to be tested before it is delivered to a holding tank.

2) The Department includes SPC XII as a standalone section of Title V permits. Our proposed change is to incorporate the language that is used in the Title V permits to cross reference SPC

XII instead of the reference to a permit condition number.

Response CP

A I

- 13/APSC

- 13 : The suggested corrections in Comment CPAI

- 13 /APSC

- 13 address topics that were not

prop osed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 13/APSC

- 13 : Revised Regulations

— No changes will be made to the regulation s as a result of these comments.

Comment CPAI

- 14/APSC

- 14: 14) Revise SPC XI.3 as follows:

"3. Sulfur Compound Emissions

- Reporting. The Permittee shall report in accordance

with this condition Xl.3. as follows:

3.1 If S0 2 emissions are calculated under condition X1.2.3 to exceed 500 ppm, the permittee shall report under condition <insert cross reference to standard permit

condition III

- Excess Emissions and Permit Deviation Reports>. Include the calculation performed under condition X1.2.3 in the report. When reporting under thisG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 23 of 79

condition XI. 3.1, include the calculation under condition <insert cross reference to standard permit condition XI I

- SO 2 material balance calculation>.

3.2 The Permittee shall include in the operating report required by condition <insert cross reference to standard permit condition VII

- operating reports>

< >

c. for fuel with a sulfur content greater than 0.75%, the calculated the S0 2 emissions

in PPM calculated under condition X1.2.3, if applicable ."

Basis: These revisions are proposed as suggestions to improve the clarity of these conditions.

Response CP

A I

- 14/APSC

- 14 : The suggested corrections in Comment CPAI

- 14 /APSC

- 14 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 14/APSC

- 14 : Revised Regulations

— No chan ges will be made to the regulations as a result of these comments.

Comment CPAI

- 15/APSC

- 15: 15) Delete SPC X1.4.1 and X1.4.2 and replace them in their entirety as follows:

" 4. Sulfur Compound Emissions

- North Slope

- Monitoring, Record Keeping, and Reporting. For liquid fuel from a North Slope topping plant, the permittee shall obtain from the topping plant the results of a monthly fuel sulfur analysis.

4.1 The permittee shall include in the operating report required by condition < insert cross reference to standard permit condition VII

- operating reports> a list of the sulfur

content measured for each month covered by the report.

4.2 The permittee shall report under condition <insert cross reference to standard permit

condition II

I

- excess emissions and permit de viation reports> if the sulfur content for any month exceeds 0.75%.

4.1 If the fuel contains greater than 0.75% sulfur by weight, the permittee shall calculate

S0 2 emissions in PPM using either the Material Balance Calculation shown in Section <insert cross reference to standard permit condition XII

- SO 2 material balance

calculation> or Method 19 of 40 C.F.R. 60, Appendix A

- 7, adopted by reference in

18 AA C 50.040(a).

4.2 The permittee shall report as follo ws:

a. If S O 2 emissions are calculated under condition XI.4.1 to exceed 500 ppm, the permittee shall report under condition <insert cross reference to standard permitG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 24 of 79

condition III

- excess emissions and permit deviation reports>. Include the

calculation performed under condition XI .4 .1 in the report.

b. Include in the operating report required by condition <insert cross reference to standard permit condition VII

– operating reports>:

(A) a list of the sulfur content measured for each month covered by the report; and

(B) the S O 2 emissions in PPM calculated under condition XI.4.1, if applicable."

Basis: We propose to revise and enhance these conditions to match the recordkeeping and reporting requirements of SPCs X1.2.3 and XI.3 for fuel supplied by a third

- party vendor. The current condition language for fuel from a North Slope topping plant implies that an excess emission has occurred if the fuel sulfur content exceeds 0.75 percent. A fuel sulfur value greater

than 0.75 percent does not, by itself, ne cessarily constitute an excess emission. This fact is reflected in the requirements of SPCs X1.2.3 and X1.3. The limit is 500 ppm S O 2 in the exhaust of an emission unit, not 0.75 percent sulfur in the fuel. With our proposed edits, if an excess

emission has not occurred because the calculated S O 2 emissions do not exceed 500 ppm even

with a fuel sulfur content of greater than 0.75 percent, the Department will still be provided information in the operating report to justify the fact that there was no excess emission.

Response CPAI

- 15/APSC

- 15: The suggested corrections in Comment CPAI

- 15 /APSC

- 15 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future reg ulation revisions update package.

Response CPAI

- 15/APSC

- 15: Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment CPAI

- 16/APSC

- 16: 16) Revise the citation to SPC XIV.1 as follows:

"[18 AA C 50.040 (j )( 7), 18 AA C 50.326(b)

, 12/1/04 ] [ 18 AA C 50.346(b)(7) ] [40 CFR 71.10(d)(1) ), 7/1/04 ]"

Basis: 1) Remove the dates from the citation for consistency with the current practice by the Department's Operating Permits Division to exclude the dates from the permit condition citations. If the Department feels that it is appropriate to retain the dates, then they should be updated to match the current adoption dates of the regulations included in these citations.

2) Add the citation to 18 AA C 50.346(b)(7) which spec ifically lists the standard permit conditions prepared by the Department and adopted by reference.

Response CP

A I

- 16/APSC

- 16 :G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 25 of 79 The suggested corrections in Comment CPAI

- 16 /APSC

- 16 address topics that were not proposed in the regulation package under conside ration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response CP

A I

- 16/APSC

- 16 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 26 of 79 AOGA Comments:

Comment AOGA

- 1: 1) 18 AAC 50.040(c)

– Consider changing the date of 40 C.F.R. Part 63 that is adopted by

reference from 75 Fed Reg. 9648 (March 3, 2010) to 75 Fed. Reg. 37732 (June 30, 2010) . This is the date that recent corrections to 40 CFR 6 3 Subpart ZZZZ were published in the Federal Register.

Response AOGA

- 1 : The department agrees with this comment. The regulations will reference the Federal Register publication date of the correction to 40 CFR 63 Subpart ZZZZ.

Response AOGA

- 1 : Revised Regulations

— The regulations have been changed to reflect the publication date of the correction to 40 CFR 63 Subpart ZZZZ.

Comment AOGA

- 2: 2) 18 AAC 50.240(c) Excess Emissions

– revise the second sentence of this rule to include a ―discovery provision‖ as follows:

―(c) ...other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or were discovered or as part of

the next r outine emission monitoring report, whichever is sooner.‖

Basis: 1) A ―discovery provision‖ is included 18 AAC 50.235(a)(2) for unavoidable emissions in excess of a technology

- based emission standard. Regarding excess emissions that present a potential t hreat to human health or safety, 18 AAC 50.240(c) includes neither a discovery or occurrence provision. The rule simply states a requirement to report these types of excess emissions ―as soon as possible‖. However, Standard Permit Condition (SPC) III.1.1 a includes both a discovery and occurrence provision for these types of excess emissions

– requiring reporting ―as soon as possible after the event commenced or is

discovered ‖ (emphasis added). We believe the clarifying language of SPC III is appropriate and necessary, because ―as soon as possible‖ must, by necessity, account for discovery of an event. Reporting cannot possibly be expected to be sooner than sometime after excess emissions that present a potential threat to human health or safety are disco vered.

We assert that reporting any type of excess emissions (i.e., in addition to those that present a potential threat to human health and safety or are unavoidable) that have not been discovered is also impossible. The Department has stated in the past that Part 70 requires ―prompt‖ reporting of permit deviations. We do not refute this, but it is not possible to be prompt (defined as ―to act quickly as occasion demands‖) if the need to act quickly has not been ascertained due to an undiscovered pe rmit deviation. It is not reasonable or practical to assume, and itG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 27 of 79

should not be expected, that a permit deviation, including excess emissions, will always be discovered within days of its occurrence.

Therefore, we suggest that it was a simple oversig ht to not include a discovery provision in the second sentence of 18 AAC 50.240(c) when it was originally written and we request that it be added as part of this rulemaking in association with the Department‘s proposed revisions to SPC III. See also basis #1) to our comment 12)

.

2) The term ―emission monitoring report‖ is not used anywhere else in the rules. Based on the language in 18 AAC 50.345(j), which requires certification of excess emissions reports ―either upon submittal or with an operating r eport‖, we believe that the intention of the rule is for submittal to be done with an ―operating report‖. However, although reporting an excess emission as part of the next routine emissions monitoring report (assumed to mean next routine ―operating

repor t‖) might seem reasonable at first glance, including this requirement could be unreasonable based strictly on when an excess emission occurs and is discovered. If it is discovered near the deadline for submittal of an operating report, the time allowed by this provision could be very short. Further, it seems that the deadline of ―30 days after the end of the month during which the emissions occurred‖ was included in the rule with the intent of providing a minimum of 30 days to report
―other excess emissio ns‖. The secondary deadline in the rule negates this intent

and should be removed.

Response AOGA

- 2 : The suggested corrections in Comment AOGA

- 2 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response AOGA

- 2 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment AOGA

- 3: 3) New 18 AAC 50.302(c)

– Revise this new subsection as follows:

―(c) Terms and conditions initially established in a PSD permit described under18 AAC 50.302(a)(1) and identified in the PSD permit as solely necessary to meet a Title V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3) are considered Title V terms and con ditions upon incorporation into a Title V permit. Subsequent revisions to such terms and conditions may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326

. incorporation of those terms and c onditions into a Title V permit. Subsequent changes to such terms and conditions will therefore only need to be made within the Title V permit, not the PSD permit. The mechanism for requestingG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 28 of 79

such changes shall be through the applicable Title V operating permit modification or amendment provisions of 18 AAC 50.326 rather than the

+ Minor Permit Title I revision provisions of 18 AAC 50. 508(6) 508(a)(4) .‖

Basis: We found the proposed language to be unclear and repetitive to some extent. We have proposed a condensed version of the language that we believe meets

the intent of the rule.

However, if the Department disagrees with our proposed revisions, or elects to make additional or other changes to the language we wish to point out the corrections highlighte d on the last line of the originally proposed language shown above. The context of this paragraph pertains to revisions that are not required for PSD permits, but can instead be made to Title V permits. However, the concluding sentence appears to inadver tently cite the ―Minor Permit provisions of 18 AAC 50.508(6)‖ instead of the Title I (PSD in this case) permit revision provisions, which are the subject of this new subsection, and which are now found in 18 AAC 50.508(a)(4) under the proposed new

rules.

See also our related comments 4) and 8).

Response AOGA

- 3 : The department addresses the first part of the comment in Response AOGA

- 4. The department agrees with the proposed change for the last section of 18 AAC 50.302(c) and will make the change.

Response AOGA

- 3 : Revised Regulations

— The regulations have been changed in accordance with Response AOGA

- 4 and Response

AOGA

- 3.

Comment AOGA

- 4: 4) In reviewing the proposed new subsection under 18 AAC 50.302(c), we considered suggesting that the Department revise the language of 50.302(c) to include all types of construction permits under 18 AAC 50.302(a)(1)

– (3) (i.e., in addition to PSD permits under 18 AAC 50.306, also refer to other types of construction permits under 50.311 (new source revie w/ nonattainment area) and 50.316 (major source of hazardous air pollutants), as cited under 50.302(a)(1)

– (3)). However, in considering the possibility for this change, we determined that 50.311 and 50.316 are not currently written to allow integrated r eview of a 50.311 or 50.316 construction permit with a 50.326 (Title V) permit. That is, a provision similar to that found in 50.306(c)(3) for PSD permits is not

found under 50.311 or 50.316.

We suggest and request that the Department consider adding a construction permit/Title V permit integrated review provision to 50.311 and 50.316 in a future rulemaking action. In addition, we suggest that if these integrated review provisions are added, that the Department also amend the new language in 18 AAC 50.3 02(c) to reference allG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 29 of 79 construction permits listed in 50.302(a)(1)

– (3) and not just the PSD construction permits under 50.302(a)(1).

Response AOGA

- 4 : The commentator has correctly pointed out that the proposed language for 18 AAC 50.502(c), in the r egulation c hanges i s specific to PSD permits. The d epartment recognizes that the language should include non attainment area major source permits (18 AAC 50.311) and hazardous air pollutants major source permits (18 AAC 50.316). Therefore, the d epartment w ill replace the reference to  ̳PSD permit‘ with  ̳Permit listed in 50.302(a)(1)

- (3)‘ in18 AAC 50.302(c) to include all permits listed under 18 AAC 50.302. However, this change does not address the provision for integrated review for permits other than PSD p ermits because our current regulations do not have language similar to 18 AAC 50.306(c)(3) for permits under

50.311 and 50.316. The d epartment recognizes that it is a deficiency in the current regulations. However, adding new language to 18 AAC 50.311 and 18 AAC 50.316, similar to 18 AAC 50.306(c)( 3 ), is not part of the proposed r egulation c hanges, the d epartment will differ this to a

future r egulation revision

.

Response AOGA

- 4 : Revised Regulations

— The regulations in 18 AAC 50.302(c) have been changed to reflect ―a permit listed in 18 AAC 50.302(a)(1)

- (3)‖ instead of ―PSD permit‖. Additional regulations changes will not be

made at this time.

Comment AOGA

- 5: 5) 18 AAC 50.306(b)(3)

– The proposed rule states that the owner or operator must comply

with 4 0 C.F.R. 52.21(b)(50)(vi) with revisions as noted. However, 18 AAC 50.040(h)(4)(C)(i) states that §52.21(b)(50) is not adopted. It appears that 18 AAC 50.040(h)(4)(C)(i) should be revised to adopt §52.21(b)(50) as revised in 75 FR 31514 per proposed 18 A AC 50.040(h).

Response AOGA

- 5 : AOGA correctly noted that 40 C.F.R. 52.21(b)(50) is not adopted by reference and therefore, should not be referred to in 18 AAC 50.306(b)(3). The department examined several potential solutions, but ultimately decided to drop the proposed language in 18 AAC 50.306(b)(3). The department originally proposed sub

- paragraph (3) to eliminate a forward regulation phrase in the federal language. However, the forward regulation phrase only pertains to rulemakings prior to January 1, 20 1 1. Since this window will soon be past, the concern will

soon be moot.

Response AOGA

- 5 : Revised Regulations

— The d epartment has dropped the proposed changes to 18 AAC 50.306(b)(3) and has renumbered the remaining provisions.

Comment AOGA

- 6:G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 30 of 79 6 ) 18 AAC 50.326(e)

– 18 AAC 50.326(e)( 15) states that the insignificant emission unit threshold for a regulated air pollutant not listed in (e)(1) through (14) is 0.5 tpy. CO2e becomes a regulated air pollutant on January 2, 2011 under the ―PSD Tailoring Rule‖. An insignificant emission thre shold of 0.5 tpy would be extremely low for CO2e. Unless the Department makes changes to the regulations to include a new threshold for CO2e, Permittees could be preparing a large number of off permit change notifications.

Response AOGA

- 6 : The suggeste d corrections in Comment AOGA

- 2 address topics that were not proposed in the regulation package under consideration. The department will retain the comments for potential inclusion in a future regulation revisions update package.

Response AOGA

- 6 : Revise d Regulations

— No changes will be made to the regulations as a result of these comments.

Comment AOGA

- 7: 7) We suggest that citations in the regulations that point to the definitions found in 18 AAC 50.990 not list the specific definition citation. For example, under 18 AAC 50.502(b)(6)

, instead of citing the definition for ―a Port of Anchorage stationary sourc e‖ found in 18 AAC 50.990(78), we suggest that the citation simply state ―as defined in 18 AAC 50.990‖. In so doing, it would allow the Department to add new definitions to 18 AAC 50.990 in alphabetical order instead of adding new definitions to the end o f the subsection. See also our comment 11).

Response AOGA

- 7

: The d epartment does not agree with the proposed change. A dding new definitions at the end of the definitions section is proper per the Department of Law Regulations Drafting manual.

Response AOGA

- 7

: Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment AOGA

- 8: 8) 18 AAC 50.508(b)

- Revise this new subsection as follows:

―(b) Terms and conditions initially established in a Title I minor permit described under 18 AAC 50.502(b)

– (f) or 18 AAC 50.508(a) and identified in the Title

I minor permit as solely necessary to meet a Title V operating permit requirement to qualify as an operating permit administrative amendment

under 18 AAC 50 .542(e) and 40 CFR C.F.R. 71.7(d) incorporated by reference under 18 AAC 50.040(j)(5) are considered Title V terms and conditions upon incorporation into a Title V permit. Subsequent revisions to such terms and conditions may be made solely through the app licable Title V operating permit amendment or modification provisions of 18 AAC 50.326. incorporation of those terms and conditions into a Title V permit. SubsequentG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 31 of 79

changes to such terms and conditions will therefore only need to be made

within the Title V permit, not the original Title I permit. The mechanism for requesting such changes shall be through the applicable Title V operating permit modification or amendment provisions of 40 C.F.R. 71.7 as incorporated by reference under 18 AAC 50.040(j)(5) rat her than the Title I

revision provisions of 18 AAC 50. 508(6) 508(a)(4) .‖

Basis: 1) See the basis to our comment 2).

2) Also, we believe it is more appropriate for this rule to refer to ―minor permits‖ under 50.502 and 50.508 instead of ―Title I permi ts‖ because the context of this new subsection to 18 AAC 50.508 is minor permits. Minor permits are a subset of the various types of ―Title I permits‖, as defined in 18 AAC 50.990. See also our comment 4) as it relates to other types of Title I permits t hat should potentially be addressed through a future rulemaking under the similar new provision found in 18 AAC 50.302(c).

Response AOGA

- 8 : The department agrees with the comment. However, the department will further clarify the language further by referencing minor permits issued under 18 AAC 50.542.

Response AOGA

- 8 : Revised Regulations

— The regulations have been revised as follows, pursuant to the additional numbering change noted in Response Alan Schuler

- 3:

18 AAC 50.510 Terms and conditions established in a minor permit issued under 18

AAC 50.542 and identified in the minor permit as solely necessary to meet a Title V operating permit requirement to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d) incorporated by reference under 18 AAC 50.040(j)(5) are considered Title V terms and conditions upon incorporation into a Title V permit. Subsequent revisions to such terms and conditions may be made solely through the applicable Ti tle V operating permit amendment or modification provisions of 18 AAC 50.326.

Comment AOGA

- 9 : 9) 18 AAC 50.542(a)(1)(C)

– the citation here should be changed to ―18 AAC 50.990(6 0 )‖ or to ―18 AAC 50.990‖, per our comment 7).

Response AOGA

- 9 : The d epartment agrees to fix the typo in the citation in 18 AAC 50.542(a)(1)(C). However, the d epartment does not agree with the proposed change to re

- alphabetize the

definitions in 18 AAC 50.990. See Response AOGA

- 7.

Response AOGA

- 9 : Revised Regulations

— T he regulations are revised to correct the typo. No change will be made to the definitions numbering in 18 AAC 50.990.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 32 of 79 Comment AOGA

- 10: 10) 18 AAC 50.544(a)(4)

– the period at the end of the sentence here should be changed to a

semi

- colon. This change will be identical to the change proposed by the Department for 18 AAC 50.544(a)(5).

Response AOGA

- 1 0 : The department agrees with the proposed change. The correction will be made.

Response AOGA

- 1 0 : Revised Regulations

— The regulations have been corrected.

Comment AOGA

- 11: 11) 18 AAC 50.990

– We suggest that the definitions found in this section be reorganized to maintain an alphabetical listing in the subsection. As currently drafted, the definitions are in alphabetic order through 50.990(123). It would be less confusing to the general reader if the definitions now found in (124) through (130) were inserted into the list of definitions in alphabetical order. However, in order to make this feasible, the air regulations would have to be revised so that any citation to the definitions in 18 AAC 50.990 would not include the specific list number in the citation. See, for example, our proposed edit present ed in comment 7).

Response AOGA

- 1 1 : The d epartment does not agree with the proposed change. See Response AOGA

- 7.

Response AOGA

- 1 1 : Revised Regulations

— No changes will be made to the regulations as a result of these comments.

Comment s AOGA

- 12

—AOGA

- 15 ( Standard Permit Condition III

– Excess Emissions and Permit Deviation Reports) :

Comment AOGA

- 12 : 12) Revise Standard Permit Condition (SPC) III.1.1 and create a new SPC III.1.2 to read

as follows:

―1.1 Excess Emissions . Except as provided...

<...>

c . report all other excess emissions and permit deviations

(i) within 30 days of

after the end of the month in during which the emissions

occurred or were discovered

, or; except as provided in condition III.1.1c(iv); or
(ii) for a permit deviation not cla ssified as also resulting in also defined as excess emissions under III.1.1(a) 18 AAC 50.990 , then report the earlier of:G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 33 of 79

(A) within 30 days of

after the end of the month in during which the deviation is discovered; or

(B) no later than the date required by for submittal of the next Annual Compliance Certification, Condition < insert cross link to ACC reporting date condition >

, after the event occurred

. ; or

( ii i ii ) Or , if a continuous or recurring excess emissions is not corr ected within 48 hours of discovery, within 72 hours of discovery unless the department provides written permission to report under condition III.1.1c(i)

. ; and

(iv) for failure to monitor, as required in other applicable conditions of this permit

.

1.2 P ermit Deviations . For a permit deviation not classified as also resulting in

also defined as excess emissions under III.1.1(a) 18 AAC 50.990, then report

the earlier of :

a . according to the required deadline for failure to monitor, as specified in

conditions < insert cross link to standard permit condition IX.5.2b and/or IX.11.1b, as applicable >; or

b. no later than 30 days after the end of the month during which the deviation is discovered, or the date for submittal of the next Annual Compliance

Ce rtification, Condition < insert cross link to ACC reporting date condition >, covering the period when the event occurred, whichever is sooner.‖

Basis: 1) We request that the language in SPC III.1.1c(i) match the language

found in the rules under 18 AAC 5 0.240 (including the requested revision to 50.240 to include a discovery provision per our comment 2). Please note that the Department has also included a discovery provision in SPC III.1.1c(iii) for continuous or recurring excess emissions. We believe t his further justifies our assumption that exclusion of a discovery provision from 18 AAC 50.240 was an oversight when the rule was written per our comment 2)

. 2) We agree with the concept that the Department has proposed for

revisions to SPC III.1.1c. We propose to take the same general concept and break the condition into two conditions, the first addressing the reporting requirements for ―other‖ excess emissions, and the second to address the reporting requirements for permit deviations that are not

e xcess emissions. In our proposed edits above, we have shown how we propose to reorganize the Department‘s proposed language and we have also shown where we propose to edit the language after splitting it into two conditions using double underlines.

3) We believe it is appropriate for the new SPC III.1.2 (originally SPC III.1.1c(ii)) to clarify that permit deviations that are not also considered to be any type of ―excess emissions‖ are allowed to be reported under thisG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 34 of 79

provision (e.g., late, missing, or incomplete reports, etc.). We suggest citing the definition in 18 AAC 50.990(34) as part of the permit condition.

4) Spelling out which conditions of the permit are subject to the requirement of our proposed SPC III.1.2a (originally SPC III.1.1c(iv))

p rovides greater clarity for the Permittee and a permit that is more enforceable. We believe that the conditions that the Department is referring to that have non

- standard reporting deadlines are those found in Standard Operating Permit Condition IX for Vi sible Emissions and Particulate Matter Monitoring as identified in our comment above.

5) The provision in our proposed condition III.1.2b (originally III.1.1c(ii)(B)) that requires that a permit deviation is to be potentially reported as part of the ann ual compliance certification report should be revised to state that this applies to deviations that are discovered during the compliance review and that occurred during the period covered by the compliance certification. The deadline associated with an an nual compliance review should only pertain to a deviation that is discovered during the review. For example, if a deviation is discovered in March of a certain year that follows the period covered by an annual compliance certification, it should be subjec t to the regular ―30

- day‖ deadline, not the certification report deadline since it would not have occurred during the period covered by the certification report.

6) The remainder of our proposed edits are to provide additional clarity to

the condition.

Response AOGA

- 12:

The d epartment followed the guidance of 18 AAC 50.240 when developing the original SPC III, and thus lays out the development of the condition:

(a) 18 AAC 50.240(c) requires that the owner, operator or permittee report excess

emission s that present a potential threat to human health or safety or that the owner, operator or permittee believes to be unavoidable must be reported as soon as possible. This is presented as conditional language in SPC III.1.1(a)(i)

- (ii).

(b) In the case o f a technology

- based emission standard, excess emissions are to be reported within two working days after the event occurred or was discovered, consistent with 18 AAC 50.240(a) as set forth in SPC III.1.1(b).

And finally (c), 18 AAC 50.240(c) defines ―o ther‖ excess emissions which must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner.

The d epartment agrees with the editorial changes suggested to SPC III.1.1(c) to replace ―of‖ with ―after‖ and ―in‖ with ―during‖ as the exact text of the rule in 18 AAC 50.240 is thus brought into the condition text. The department accepts these edits and will make the suggested change

.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 35 of 79 As discussed below, the department does not agree to add a discovery provision as presented by the commenter in SPC III.1.1(c) by adding the text ― or were discovered‖ as that change would conflict with 18 AAC 50.240(c). The rule contains the requirement to notify
―wit hin 30 days after the end of the month during which the emission occurred.‖

The proposed discovery clause is inconsistent with the regulation. Making substantive changes to 18 AAC 50.240 are outside the scope of this proposed rulemaking and would require due process to promulgate as a separate regulation package. The d epartment c annot, in good faith promulgate a standard condition revision at further variance from the plain language of the underlying regulatory provisions.

Although the d epartment proposed to add a discovery clause for permit deviations, the

d epartment has decided to remove this clause. As explained below, relaxing the notification timeframe for permit deviations can be construed as a relaxation of prompt beyond the minimum required for Federal approvability of the State‘s operating permit program. Further, havin g divergent notice deadlines for certain additional types of events adds unnecessary complexity to this permit element.

Background Permit deviations, including excess emissions are required to be reported within a ―prompt‖ timeframe as set forth in 40 CFR 71.6(a)(3)(iii)(B) (adopted by reference in 18 AAC 50.040(j)(4) except for those provisions in 40 CFR 71.6(a)(3)(iii)(B)(1)

- (4) which are replaced by this SPC) and the d epartment lays out the underlying definition of ―prompt‖ to be within 30 days of the e nd of the month in which the deviation occurred. The responsibility is thus on the owner, operator or permittee to conduct sufficient reasonable inquiry and due diligence to discover other excess emissions within this stipulated timeframe defined as promp t.

Since the permitting program places the Air Quality Control responsibilities upon the emitter (permittee), it is incumbent for each permittee to know the compliance status of their activities and to provide prompt notice. Further the d epartment is au thorized to run an operating permit program no less stringent of that set out in 40 CFR 70 for EPA‘s approval of Alaska‘s Operating Permit Program. Although EPA allows for other types of permit deviations to be reported up to six months after the occurrenc e, EPA does not base that notification upon discovery in 40 CFR 71.6(a)3)(iii), but instead upon occurrence.

For an approvable operating permit program, EPA does provide latitude for each agency to define ―prompt‖ for permit deviation notification. As di scussed above, the d epartment elected to define prompt as 30 days after the month in which the event occurred. Notwithstanding that latitude, the greatest duration allowed for an approvable program is up to six months after the occurrence of the permit de viation. See 40 CFR 70.6(a)(3)(iii). In the real world, in the event where a client has not exercised the degree of diligence necessary, discovery occurs months or years after the occurrence. For such a scenario, the suggested change would create a perm it content defect that fails to meet the minimum federal program requirements. This provides further basis to reject the commentator‘s requested change to add a clause for notification after discovery.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 36 of 79 Although the d epartment acknowledges the apparent in consistencies between 18 AAC 50.235 and 240 discovery clauses and EPA‘s expectation for prompt notification, as mentioned above, changes to the underlying regulations are outside the scope of this standard permit condition rulemaking.

In the event a clien t discovers a permit deviation after the notification due date, the

d epartment intends to continue its historical practice to consider the circumstances of the event in order to select the proper course of action.

The commenter also proposed a general re

- arrangement of excess emissions and permit deviations in SPC III.1.1(c)(ii)

- (iv) to separate the two applicable requirements into separate

terms. The department acknowledges the improved clarity provided by this general re

arrangement and agrees to make the change as proposed in the strike

- out terms, and addition of

new condition SPC III.1.1.2 and re

- numbering of the additional subparagraphs. In addition, the

d epartment agrees to add the excess emission definition of 18 AAC 50.990(34) to the citations

bo x for the excess emission notification term.

Comment AOGA

- 1 3: 13) Revise the notes to SPC III.1 as follows:

―1. The permit will include condition III.1.1c(iii) III.1.2a only if the permit also contains another condition which has an emission unit spec ific schedule for reporting the failure to monitor emissions.

2. Construction permits will not include condition III.1.2 the phrase ―and permit

deviations‖ in condition III.1.1c , but where necessary will use stationary source specific conditions for rep orting failure to test or monitor.‖

Basis: 1) Our proposed change to Note 1 is simply to point out the need to update the permit condition number in the note.

2) Note 2 should be revised to clarify for the permit writers that since construction permits do not include the phrase ―and permit deviations‖, the standard conditions that specifically address the permit deviation reporting requirements (i.e., proposed SPC III.1.1c(ii) and (iv) or SPC III.1.2 as proposed above) are also not applicable to construction permits. (Note: we believe that missing a deadline for reporting like the one found in original SPC III.1.1c(iv) or SPC III.1.2a proposed above is a permit deviation, not an excess emission.)

Response AOGA

- 13:

The d epartment agrees that the text change above clarifies the intent of the condition and will make the suggested change.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 37 of 79 Comment AOGA

- 14:

Statement of Basis for SPC III.1 14) Delete the proposed new version of the Factual Basis for SPC III.1 and reinsert the version revised as of August 20, 2008, with a few edits as follows:

― Factual Basis : <...>

In accordance with 40 CFR 71.6(a)(3)(iii)(C), a deviation means any situation in which an emission unit fails to meet a permit term or condition

. A a deviation is not always a violation. For a situation lasting more than 24 hours, which constitutes a deviation, each 24

- hour period is considered a separate deviation. ―Deviation‖ as

de fined in 40 CFR 71 means both ―excess emission‖ and ―permit deviation‖ as used in this permit, which includes:

1. a situation where emissions exceed an emission limitation or standard;

2. a situation where process or emissions control device parameter va lues indicate that an emission limitation or standard has not been met;

3. a situation in which observations or data collected demonstrate noncompliance with an emission limitation or standard or any work practice or operating condition required by the pe rmit (including indicators of compliance revealed through parameter monitoring);

4. a situation in which any testing, monitoring, recordkeeping or reporting required by this permit is not performed or not performed as required;

5. a situation in which an exceedance or an excursion, as defined in 40 CFR Part 64, occurs; and,

6. failure to comply with a permit term that requires submittal of a report.

In accordance with 18 AAC 50.990 (34) ―excess emissions‖ means ―emissions of an air pollutant in excess of any applicable emission standard or limitation‖, which is the

situation described in item 1 above in the definitions from 40 CFR 71. These

definitions shall should be considered in determining an ―excess emissions‖ or ―permit deviation‖ when reporting an occurrence using the ADEC notification form.

The reports themselves and the other monitoring records required under this permit provide monitoring of whether the Permittee has complied with the condition. Please note that there may be additional federally required excess emission reporting requiremen ts.

< Insert section cross reference>, Notification Form

The department modified the notification form, deviating from standard permitcondition IV, to more adequately meet the requirements of Chapter 50, Air Quality Control. The modification consisted of updating the current Department e

mail address in the report form used for submission of this form due to recent changes at the Department .‖G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 38 of 79 Basis: We believe the information regarding the definitions of permit deviations

and excess emissions included in the existing SPC III Statement of Basis is useful and pertinent to the context of the factual basis for a Statement of Basis. The list provides some direction as to what defines a permit deviation versus excess emissions and other important reminders and statements are also included in the 2008 version of the text (e.g., a continuous deviation lasting more than 24

- hours is a separate deviation for each 24 hours that it continues). In addition, 18 AAC 50 does not include a definition of a permit ―devia tion‖ other than that stated in 40 CFR 71.6(a)(3)(iii)(C), so it is useful to include that information here as well as
the citation to the definition of ―excess emissions‖ found in 18 AAC 50.990.

Regarding our proposed deletion of the paragraph that add resses the Notification Form, please see basis #1) to our comment 15), below.

We understand that the Department has deleted the language found in the August 20, 2008 version of the Statement of Basis for Standard Permit Condition III on

the basis that 4 0 CFR 71.6(a)(3)(iii)(C) has not been adopted by state regulation. Based on our reading of 18 AAC 50,

40 CFR 71.6(a) is adopted by reference under 18 AAC 50.040(j)(4) ―except as provided in 18 AAC 50.326‖.
18 AAC 50.326(j)(3) states that ―prompt repo rting of permit deviations is subject to the department‘s Standard Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)(1)

– (B)(4); the provisions of 40 C.F.R. 71.6(a)(5)

– (7) are replaced by the standard p ermit conditions of 18 AAC 50.345.‖ Here, 40 CFR 71.6(a)(3)(iii)(B)(1)

– (B)(4) are to be replaced by other provisions of the rules, but we have not identified language here or anywhere else in 18 AAC 50.326 that excludes or replaces 40 CFR 71.6(a)(3)(iii )(C). However, 40 CFR 71.6(a)(3)(iii)(C) begins with the phrase ―For purposes of paragraph (a)(3)(iii)(B)...‖ We assert that this phrase by itself does not exclude 40 CFR 71.6(a)(3)(iii)(C) on the basis that 50.326(j)(3) includes instructions to replace §7 1.6(a)(3)(iii)(B) with a standard permit condition. Instead, it means that the introductory phrase ― For purposes of paragraph (a)(3)(iii)(B)...‖ in §71.6(a)(3)(iii)(C) would indirectly be read to mean ―For purposes of the standard permit conditions of 18 AA C 50.345...‖.

Finally, we do not believe that the language in the 2008 version of the Statement of Basis is in conflict with the requirement in AS 46.14.120(c) to ―comply with the terms and conditions of a permit‖. The Department has expressed concern

tha t this requirement is in conflict with the statement in 40 CFR 71.6(a)(3)(iii)(C) that ―a deviation is not always a violation‖. We point out that the full context of the statement in 40 CFR 71.6(a)(3)(iii)(C) is as follows

– ―...deviation means any situatio n in which an emissions unit fails to meet a permit term or condition. A deviation is not always a violation.‖ (emphasis added) Therefore, we have proposed to edit the Statement of Basis language to include the full context fromG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 39 of 79

40 CFR 71.6(a)(3)(iii)(C ). In this context, the definition seems to be stating that a violation is always a permit deviation, but a deviation can also occur in situations that are not permit violations, and is not in conflict with AS 46.14.120(c).

Response AOGA

- 14:

The d epartment does not agree with the commenters suggested edit to revert to an older

version of the Statement of Basis for this SPC. The d epartment has not asserted that 18 AAC 50.040(j)(3) does not adopt 40 CFR 71.6(a)(3)(iii)(C) anywhere in this proposed c hange. Since this federal text conflicts with Alaska Statute, the d epartment elected to delete the prior text to avoid misleading permittees regarding permit deviations and violations under Alaska Law. Under AS 46.14.120(c) and 18 AAC 50.345(c) the permi ttee is required to comply with the terms and conditions of a permit or modifying order. Thus every deviation is a violation under State rules. The older version of the Statement of Basis erred in this description, which is why it was replaced with the c urrent version. Based upon the above rationale, the d epartment will not adopt any of the proposed edits.

Comment AOGA

- 1 5: 15) If the Department does not agree that the requested revisions in comment 14) can be done, then please make the following edits to the Factual Basis for SPC III.1. If the Department agrees to make the revisions requested in comment 14), but intends to

incl ude additional text such as that proposed in the June 25, 2010 rules amendment package, then please revise the Factual Basis for SPC III.1 in conjunction with our previous comment, as follows:

―...The Department adopted this condition as Standard Permit Co ndition III under 18 AAC 50.346(c) pursuant to AS 46.14.010(e). The Department made a correction to the Standard Operating Permit Condition III to allow identical reporting methodology for both Excess Emissions and Permit Deviations reports which use iden tical forms and should have identical submissions methods. The Department also made an allowance to submit permit deviations not classified as excess emissions within 30 days of the end of the month that the deviation is discovered since the deviation

can not be reported absent discovery, or no later than the next ACC report since reasonable inquiry should lead to a discovery of any permit deviations. Beyond as noted above, the The Department has previously determined that the standard

condition s adequatel y meet meets the requirements of 40 C.F.R. 71.6(a)(3). No additional emission unit or stationary source operational or compliance factors

indicate the that unit

- specific or stationary

- source

- specific conditions would better meet the requirements. Therefore , the Department concludes that the standard

conditions as modified meets the requirements of 40 C.F.R. 71.6(a)(3).

<Insert section cross reference>, Notification Form

The Department modified the notification form contained in Standard Permit

Conditio n IV in a revised rulemaking dated August 20, 2008 to more adequately meet the requirements of Chapter 50, Air Quality Control. The rulemaking for these changes took effect November 9, 2008. The modification consisted of correctingG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 40 of 79

typos and moving ―Fail ure to Monitor/Report‖ and ―Recordkeeping Failure‖ to

Section 2

- permit deviations. The department modified the standard condition to allow both excess emissions and permit deviations to be reported online via the Departmental online submission system.

Basis: 1) Discussions in a Statement of Basis regarding what has been changed relative to the SPC language should be reserved for a Title V permit template developed by the Department and not used as standard language in the Statement of Basis for

the SPC. For e xample, the language we have striked out above for the second and third paragraphs of the factual basis of the Statement of Basis for SPC III is no longer pertinent because SPC III is being modified as part of this rules amendment package to address the ve ry changes that the striked out language states the Department changed in an issued Title V permit compared to the SPC language. In other words, the conditions in a Title V permit issued by the Department will no longer be different from the language foun d in this revised SPC III in the way that is stated in the proposed text for the factual basis of the ―standard‖ Statement of Basis language.

2) Use of the phrase ―previously determined‖ implies to us that the Department has already made up its mind that a stationary source

- specific condition could not possibly be better suited to meet the requirements of 18 AAC 50. We request that the language in the Statement of Basis simply state that a determination has been made for the stationary source‘s permi t that the Standard Permit Condition meets the requirements of 18 AAC 50 and that a stationary source

- specific condition was not developed for the permit. In addition, in stating this conclusion the phrase ―as modified‖ should not be used as the SPC itsel f is now modified by these updates.

Response AOGA

- 15 : The department agrees that the text change above clarifies the intent of the revised SPC statement of basis and will make the suggested change. The text to be deleted was inserted in an interim change to the SPC to highlight those temporary edits which needed to be explained with regards to the interim change to the SPC and can now be deleted.

Response AOGA

- 12

—

AOGA

- 15 : Revised Regulations

— The discussed and agreed to changes have been made to Standard Permit Condition III

– Excess Emissions and Permit Deviation Reports

.

Comment s AOGA

- 16

—AOGA

- 19 ( Standard Operating Permit Condition V

– Insignificant Emission Units) :

Comment AOGA

- 16 : 16) Revise SPC V.1 as follows:

1. For EU ID(s) < include emission unit identification for any insignificant emission units listed in the permit that qualify for this condition > listed inG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 41 of 79

Table A that have actual or potential emissions less than the significance thresholds in 18 AAC 50.326(e) or have a size or pr oduction rate less than the thresholds in 18 AAC 50.326(g), and for emission units at the stationary source that are insignificant as defined in 18 AAC 50.326(d)

- (i) that are not listed in this permit, the following apply:

Basis: SPC V.1.4.d refers to E U that are subject to operating limits in the permit. Such EU cannot be insignificant ―as defined in 18 AAC 50.326(d)

- (i)‖ as indicated in 50.326(d)(1)(B). The suggested change is intended to clarify the intent of the

standard condition to allow such uni ts to be treated as insignificant EU, while not contradicting 50.326(d)(1)(B).

Response AOGA

- 16 : The suggested change advanced in the comment would allow emission units listed in the permit in Table A that have ―actual or potential‖ emissions less than either of the emission rate basis (18 AAC 50.326(e)) or size/production rate basis (18 AAC 50.326(g)) to be treated in a

streamlined fashion as other IEUs. The commentator claims that the additional text clarifies the

condition to set forth the streamlin ed MR&R, while not contradicting 18 AAC50.326(d)(1)(B).

Title V permits developed by the d epartment include all emission units in Table A that: are significant, have Federal requirements (18 AAC 50.326(d)(1)(A),

have emission unit

- specific requirements developed under certain specific permitting criteria (18 AAC 50.326(d)(1)(B); or that have stationary source or emission unit specific emission limitations (18 AAC 50.326(d)(1)(C)).

No emission unit having applicable requirements under those regulations can be considered insignificant, regardless of actual or potential emissions, or regardless of size or production rates.

Our basis for developing SPC V was to address those IEUs that are categorically insignificant and not to extend the umbrella of reduced MR&R to significant emission units that may not have sufficient operations to emit beyond the emission rate or category basis. The designation of an IEU should be made at the time of application, and an emission unit should not change category during the life of the permit except as set forth under proposed condition SPC V.1.4(c) which is brought forward from the previous MR&R condition.

Not advanced in the proposal by the commente r is the need to thus track changes in emission unit status for IEUs under SPC V.1.4(c) which as proposed by the d epartment only requires reporting of a change in status. The proposal would require development of MR&R suitable for a significant emission u nit, such as an emergency generator, that may change status during the term of a permit due to increased operations.

Rather than overly

- complicate the IEU standard permit condition to umbrella other unit types, these exceptions are better handled case

- by

- case. In recent Title V permits, using BPXA SIPE (AQ0170TVP02) as an example, the d epartment has allowed reduced MR&R forG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 42 of 79 significant emission units in the State standard section (e.g. AQ0170TVP02 Visible Emissions Condition 1.3) while retaining the desig nation of that unit as a significant emissions unit, so as not to confuse the issue with respect to compliance, monitoring and reporting. The d epartment believes that this permit

- specific modification of the significant emission unit terms is a more

appro priate location to address the MR&R streamlining envisioned under the guidelines of Topic #3 of ADEC Policy and Procedure 04.02.103 of October 8, 2004.

For the reasons delineated above, the department does not accept this proposed change as advanced by t he commenter.

Comment AOGA

- 1 7: 17) Revise SPC V.1.4c to clarify the language as follows:

―c. The Permittee shall report in the operating report required by Condition

< insert cross reference to Operating Reports standard permit condition > if an

emissio n unit is has historically been classified as insignificant because of actual emissions less than the thresholds of 18 AAC 50.326(e) and current actual emissions become greater than any of those thresholds;‖

Basis: A change in the status of an emission unit from IEU to non

- IEU is based on a change in the actual emissions of a unit comparing current actual emissions to the thresholds in 18 AAC 50.326(e) despite what historical actual emissions may

have been. We belie ve that adding the words ―historical‖ and ―current‖ help to clarify the time period for the actual emissions being considered when making the determination of a change in IEU status. We also believe this language more adequately meets the requirements of 18 AAC 50 than the language found in Standard Permit Condition V under 18 AAC 50.346(b)(4).

Response AOGA

- 17

: The department agrees with the commenter that the text adds clarity. The department will edit the SPC V consistent with the suggested change as advanced in the comment.

Comment AOGA

- 1 8: 18) Revise SPC V.1.4d to clarify the appropriate condition references to be inserted into this

condition as follows:

―d. No other monitoring, recordkeeping or reporting is required, except as provided in Con ditions < refer to condition(s) that state t he MR&R required for EU(s) subject to operating limits >.

Response AOGA

- 18 : The department uses the SPCs as the basis for developing Title V and other permits as set forth in 18 AAC 50.346. As such, the italici zed text in the SPC is used in each permit to cross

link additional conditions specific to an individual permit requiring additional MR&R for IEUs. As such, the text proposed by the commenter will help clarify for the permit staff whichG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 43 of 79 additional conditi ons are to be cross

- linked and the department has adopted the suggested change.

Comment AOGA

- 1 9:

Statement of Basis for SPC V 19) Revise the second grouping of Optional Text for the Statement of Basis for SPC V , as follows:

―( Optional text ) Condition V1.4(a) requires certification .... For EU ID(s) < >, as long as they do not exceed the operational limits of their hours of operation as stated

in Condition < refer to condition(s) that state pertinent operational limits >, they are considered insignificant emission units and no monitoring is required in accordance with Department Policy and Procedure No. AWQ 04.02.103, Topic # 3, 10/8/04 for standby small emission units subject to operating limits ‖.

Basis: We have made corrections that apply to the subject/t itle of ―Topic #3‖ of the 10/8/04 policy and procedure document referenced by the text, additional clarifications, including instructions for permit writers, and a change to refer to the more general term of ―operational limits‖ as this language could refe r to emission units subject to limits other than just a limit on the hours of operation (e.g., a fuel consumption limit, etc.).

Response AOGA

- 19 : The d epartment agrees with the commenter and the suggested change as advanced in the

comment and will make the edit to the revised SPC V.

Response AOGA

- 16

— AOGA

- 19 : Revised Regulations

— The discussed and agreed to changes have been made to Standard Operating Permit

Condition V

– Insignificant Emission Units

.

Comment s AOGA

- 20

—AOGA

- 26 ( Standard Operating Permit Condition VII

– Operating Reports) :

Comment AOGA

- 20: 20) Revise SPC VII.1 as follows:

― 1. Operating Reports. During the life of this permit 1 , the permittee shall submit an original and two copies one copy of an operating report by August 1 for the period January 1 to June 30 of the current year and by February 1 for the period July 1 to December 31 of the previous year < or as in the case of BPXA or other applicants , a revised (e.g. quarterly) schedule may be implemented at the request of the applicant >.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 44 of 79 Basis: 1) We understand from communication we have had with the Department that only one copy of each operating report is needed in additional to an original

report.

2) It does not seem necessary or appropriate to name specific permittees in the Standard Permit Conditions. Please use more generic language as proposed.

3) In addition, the instructions found in the italicized text added to the SPC are already inclu ded in Note 2 of the SPC (under ―the following applies to this standard permit condition‖ at the end of the SPC) directing the permit writer that ―The reporting schedule may be modified to allow for quarterly reporting as a permittee

- specific condition.‖ As such, it may not be necessary to include the

new italicized text in the condition.

Response AOGA

- 20 : The department agrees with the suggested change for comment 20(1) and will make that change. One copy as well as one original shall be provided to th e d epartment.

The text in the SPC which appears in reference to comment 20(2) and 20(3) are both guidance for the permit writer, as it can be overlooked that one ADEC permittee has requested that all permits include quarterly reporting, a fact which can be easily overlooked without specific notification. The d epartment must balance the needs of new staff or contractor support unfamiliar with the specific unique process requirements of individual permittees versus the appropriateness of naming an individu al permittee in a SPC.

To balance these opposing requirements, the department will accept the removal of the text in comment 20(2) but leave the remainder of the guidance in the condition despite the further guidance contained below in the SPC as commente d in comment 20(3).

Comment AOGA

- 2 1: 21) Revise SPC VII.1.1 as follows:

―1.1 The operating report must include..., for the period covered by this the report.‖

Response AOGA

- 21 : This comment being solely editorial in nature was accepted by the department, and the change has been made.

Comment AOGA

- 2 2: 22) Please revise SPC VII.1.2 to clarify the context of the condition. The condition begins with a conditional statement ―if...not reported...either‖ then goes on with the apparent intent to prov ide two options to the permittee as to what to do ―if...not reported‖. However, the second option under VII.1.2b is confusing because it states ―when...already reported‖. This is contrast to the opening conditional statement about information notG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 45 of 79 reported. Although the intent of the condition is unclear, we propose here an alternative that may make sense if it meets the intent of the Department.

―1.2 If When excess emissions or permit deviations that occurred during the reporting period are not reported included with the operating report under condition VII.1.1, either the permittee shall identify

a. the permittee shall identify

a .(i) the date of the deviation (etc.)

<...>

1.3 b . When excess emissions...have already been reported..., the permittee shall cit e the date...‖

Basis: In addition to the basis provided in the comment above, SPC VII.1.1 requires that the operating report include all information required to be in operating reports. Some conditions, but not all, in Title V permits that address submit tal of excess emissions and permit deviations (EE/PD) reports include a requirement to include a copy of the EE/PD report with the operating report. The apparent intent of SPC VII.1.2 is to capture those conditions that do not have a requirement to includ e a copy of the EE/PD reports with the operating report. We propose the language change above to clarify this intent.

Response AOGA

- 22 : The department agrees that the text change above clarifies the intent of the condition and will make the suggested ch ange.

Comment AOGA

- 2 3: 23) Revise SPC VII.1.3 as follows:

―1.3 The operating report must include, for the period covered by this the report...‖

Response AOGA

- 23 : This comment being solely editorial in nature was accepted by the d epartment

, and the change has been made.

Comment AOGA

- 2 4: 24) Revise SPC VII.1.4 to set the font to bold for the introductory text ―Transition from expired to renewed permit‖. The Department generally uses this method to set apart the introductory text making the condition easier to read.

Response AOGA

- 24 : This comment being solely editorial in nature was accepted by the d epartment

, and the change has been made.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 46 of 79 Comment AOGA

- 2 5: 25) Add the following instruction to the Notes at the end of SPC VII :

― 3. Condition VII.1.4 should not be used for initial Title V permits. ‖

Basis: This instruction is currently found in the proposed changes to the Factual Basis for SPC VII. Because it is an instruction to permit writers, we believe it is better suited for the notes at the end of the SPC. See also our comment 26).

Response AOGA

- 25 : This comment being primarily editorial in nature was accepted by the department as it provides additional clarity to the permit writer

, and the change has been made.

Comment AOGA

- 2 6:

Statement of Basis for SPC VII 26) Revise the Factual Basis for SPC VII as follows:

―... For initial Title V permits, Condition VII.1.4 should be deleted. < Include the following paragraph in the Statement of Basis for renewal Title V permits only .> For subsequent renewal permits, the condition specifies...

<...>

This condition was further modified to delete the provision for electronic records consultation with the ADEC Compliance Technician because that provision is already allowed in the Submittals Condition of the general Recordkeeping and reporting

Section. This change more adequately meets the requirements of 18 AAC 50 streamlines the permit to remove redundant conditions.

Basis: 1) The instruction to delete Condition VII.1.4 would be better located in the permit writer notes found in the SPC below Condition VII.1.4 per our comment 24). However, an instruction to permit writers regarding the use of the subject paragraph in a permit Statement of Basis is appropriate and should be included

with the < appropriate formatting >, as shown here.

2) Delet e the word ―subsequent‖ for clarity. The proposed Statement of Basis language applies to all renewal permits, not just subsequent renewal permits.

3) See basis #1 to our comment 14) as it pertains to our requested removal of the last paragraph of the Statement of Basis for SPC VII.

Response AOGA

- 26 : This comment being primarily editorial in nature was accepted by the d epartment as it provides additional clarity to the permit writer and the change has been made.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 47 of 79 Response AOGA

- 20

—

AOGA

- 26 : Revised Regulations

— The discussed and agreed to changes have been made to Standard Operating Permit

Condition VII

– Operating Reports.

Comment s AOGA

- 27

—AOGA

- 57 ( Standard Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- F ired Emission Units ) :

Comment AOGA

- 27: 27) Revise the title page of SPC IX as follows or, preferably, promulgate a new SPC that addresses flares separately per our comment 42):

―Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units and Flares ‖

Basis: This SPC addresses flares as well as liquid fired emission units.

Response AOGA

- 27

: The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 2 8: 28) Bold the introductory text to SPC IX.1 and revise as follows:

― 1. Industrial Process and Fuel

- Burning Equipment Visible Emissions

. The

Permittee shall comply with the following : not cause or allow visible emissions, excluding condensed water vapor, emitted from EU ID(s) < insert

EU ID numbers > listed in Table < insert Table of Emission Unit s designation > to reduce visibility through t he exhaust effluent by more than 20 percent averaged over any six consecutive minutes.

1.1 Do not cause or allow visible emissions, excluding condensed water vapor, emitted from EU ID(s) < insert EU ID numbers > listed in Table < insert Table of Emission Unit s designation > to reduce visibility through the exhaust effluent by more than 20 percent averaged over any six consecutive

minutes.

1.2 For EU ID(s) <insert EU ID numbers> , monitor, record, and report in

accordance with Conditions 3

- 5.

1. 1 3 F or EU ID(s) < insert EU ID numbers >, burn only gas as fuel. Monitoring for these emission unit(s) shall consist of a certification statement in each operating report under Condition < insert Operating Report condition

number > that indicating whether each of these emission unit(s) fired only

gas during the period covered by the report . Report under Condition < refer to excess emission/permit deviations condition number > if any fuel is burned other than gas.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 48 of 79

1.2 For any of EU ID(s) < insert EU ID numb ers > that has actual emissions less than the thresholds in 18 AAC 50.326(e), monitor, record and report in

accordance with Condition <refer to condition number for Standard Permit

Condition V.1.4>. Otherwise, monitor, record, and report in accordance

with Conditions 3 through 5.

1. 3 4 For each of EU ID(s) < insert EU ID numbers >, as long as they do the

emission unit does not exceed the limits in Condition(s) < insert number(s) of Condition(s) that state EU(s) operating limits >, monitoring shall consist

of an annual compliance certification under Condition < refer to Annual Compliance Certification condition number > with the opacity visible

emissions standard in accordance with < refer to the condition in the permit that incorporates Standard Permit Condition V. 1.4.a >. Otherwise,

determine if actual emissions for that unit are below the thresholds in 18 AAC 50.326(e) and comply with Condition 1.2.

1. 4 5 For EU ID(s) < insert EU ID numbers >, use only gas as primary fuel. Monitoring for these emission unit(s) shall consist of a certification

statement in each operating report required in Condition < insert Operating Report condition number > that indicating whether each of these emission unit(s) fired only gas as the primary fuel during the period covered by the
report . If operating operation on a back

- up liquid fuel occurred during the period covered by the report , the Permittee shall monitor, record, and report according to Condition 15.

1. 5 6 For EU ID(s) < insert EU ID numbers >, monitor, record, and report i n accordance with Condition 6.‖

Basis: 1) We propose that SPC IX.1 be revised to state the applicable limit that applies to the source, in the same manner that is done in SPC IX.7 to simplify the condition. This change results in a subsequent renumberi ng of all subconditions

under SPC IX.1.

NOTE: References to condition numbers in the basis statements below and in edits to condition IX.3 further below are intended to be to the original condition numbers, not the new condition numbers that will result from the deletion of conditions, except as noted.

2) Delete Condition IX.1.2 and replace it with a revised version of the condition in proposed new Condition IX.1.2 shown above. See basis #4) below for

additional information.

3) (Conditions IX.1.3 and IX.1.5)

- The Department‘s compliance inspectors have commented to Permittees about permit conditions that include language that requires a Permittee to certify compliance with a permit limit or operating requirement. The conundrum that such language raises is that if a deviation from the limit or operating requirement has occurred, then the permit condition forces a Permittee to either improperly certify compliance per the required permitG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 49 of 79

condition, or to further deviate from the requirement of the pe rmit by not certifying compliance with the limit or requirement. For example, in the extremely unlikely event that any fuel other than gas is burned in emission units that are identified in a permit as gas

- fired units only, a Permittee would be unable

to include a ―certification‖ in the operating report that only fuel gas had been fired, although this is a requirement of the permit condition . Our proposed language provides the information needed to determine compliance with the requirement to burn only ga s as fuel by requiring that the operating report include

a statement as to whether or not fuel gas was used exclusively by the Permittee during the reporting period for the affected emission units. The ―certification‖ portion that is desirable to the Depa rtment is required by other conditions in the Title V permits that incorporate the requirements of 18 AAC 50.205 and 18 AAC 50.326(j). These rules require that a Permittee certify ―that the statements and information in and attached to (a report submitted to the Department) are true, accurate, and complete.‖ (emphasis added).

4) (Proposed new subCondition IX.1.2, as a revision to the original subCondition IX.1.2, but moved to a new location)

- This subcondition should be revised to specifically address any emission units that typically have actual emissions based on a small number of annual operating hours, that are subject to an operating limit, but which have an operating time threshold above which they are no longer an IEU that is less than the operat ing time limit. This is an appropriate supplement to the condition since the existence of operational limits does not necessarily mean an emission unit is an IEU in all cases, as presumed under Condition IX.1.4. For example, a 1500 hp emergency generator that has an annual operating time limit of 200 hours is an IEU based on actual emissions (and using AP

- 42 emission factors) only if it operates 110 hours or less in a year, which is less than the operating time limit.

5) (Condition IX.1.4)

- We believ e that our proposed changes to this condition clarify that the operating time limit triggers for additional MR&R apply to each individual emission unit, not to the sum of the operating hours of all of the emission units referenced by the condition.

6) (Condition IX.1.4)

- This condition applies to emission units that are subject to operating limits, but which otherwise would be classified as insignificant. We believe that the sentence in the condition pertaining to the required certification

for MR&R should refer to the certification requirement found in SPC V.1.4.a that applies to the emission units addressed by the condition when they are classified as insignificant emission units (IEUs). The cross reference should be specifically

made to SPC V.1.4. a and not SPC V.1.4 since SPC V.1.4.a specifically states the certification requirement.

7) (Condition IX.1.4)

- We request that this condition [and Condition IX.7.3 per our comment 43)] include an alternate compliance method if the affected

emission u nits exceed any annual operating limits. We believe this is an oversightG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 50 of 79

of Standard Permit Condition IX. We have added our proposed alternative, which is to comply withCondition IX.1.2 since exceedance with an operational limit does not necessarily mean that actual emissions are above the IEU thresholds.

Actual emissions are the test that is used to determine IEU status under 18 AAC 50.326(e), not potential emissions. We believe that this change more adequately meets the requirements of 18 AAC 50 than does the proposed standard permit condition language.

8) (Condition IX.1.4)

–

The correct title of the standard that applies to Permittees is ―visible emissions standard‖, not ―opacity standard‖. The opacity is the measured parameter used to assess com pliance with the visible emissions

standard.

9) (Condition IX.1.5)

– in addition to basis #3) above, the additional proposed edits to this condition help to clarify the language of the condition.

Response s AOGA

- 28 : Response to AOGA

- 28 Basis 1) : The d epartment agrees to merge the standard into SPC IX.1 instead of a subparagraph 1.1.

Response to AOGA

- 28 Basis 2 ) : The d epartment rejects the revision. Regarding IEUs vs. listed emission units, the d epartment finds the language redundant with the IEU SPC. The residual is fundamentally the same as the original Condition IX.1.2 (now 1.1). Stylistically, it makes more sense to list the most prevalent and important of the periodic MR&R approaches at the top of the subparagraph list, so the d epartment re tained the

Condition as new condition IX.1.1.

Response to AOGA

- 28 Basis 3 ) : The department recognizes and appreciates the confusion regarding semantics and agrees to update the reporting statement text.

Response to AOGA

- 28 Basis 4 ) : This proposed text is inconsistent with the IEU SPC condition and confuses the compliance status absent an ever changing actual emission bank. Rather than develop potentially conflicting provisions, it is far superior for the

d epartment to rely upon the I EU designations provided in the application and impose periodic MR&R under SPC IX than to create a logistical log

- jam for intermittently operated units. To avoid further complicating a challenging set up ―what

- if‖ scenarios,

the d epartment rejects adding a new category of possibly IEUs with concomitant monitoring scheme complications. If necessary, such scenarios can and should continue

to be worked out case

- by

- case depending upon the actual emission history of the unit in question.

Response to AOGA

- 28 B asis 5 ) : The d epartment agrees the trigger is unit specific, not based upon the sum of all units, and has changed the provision accordingly.

Response to AOGA

- 28 Bases 6 )

- 8) : With regards to Basis 8, the department agrees that the editorial changes add clarity and has accepted these editorial streamlining and general comments as proposed.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 51 of 79 With regards to Basis 7, the d epartment does not agree with the proposed modification to SPC IX.1.4 as the EUs with operating limits are not allowed to exceed those limits (18 AAC 50.345(c)). In practice these operating limits normally stem from either (e.g.) an ambient condition, or an owner

- requested limit to cap emissions. Providing a method to allow a unit to violate an operational limitation imposed in constru ction or minor permitting is not supported by the d epartment. The d epartment accepts the editorial

- only changes to Condition SPC IX.1.4 but rejects the edits including and after ― Otherwise, determine if actual
emissions...‖

Response to AOGA

- 28 Basis 9 ) : The d epartment agrees that the editorial changes add clarity and accepted the edits.

Comment AOGA

- 2 9: 29) Bold the introductory text to SPC IX.2 and revise as follows:

― 2. Incinerator Visible Emissions. The Permittee shall not cause or allow

vis ible emissions, excluding condensed water vapor, through the exhaust of EU ID(s) < insert EU ID numbers >, to reduce visibility by more than 20 percent averaged over any six consecutive minutes

. comply with the following :

2.1 Do not cause or allow visible emissions, excluding condensed water vapor, through the exhaust of EU ID(s) < insert EU ID numbers >, to reduce visibility by more than 20 percent averaged over any six consecutive

minutes.

2. 1 2 Use Stationary Source

- specific VE MR&R for incinerators.)‖

Basis: We propose that SPC IX.2 be revised to state the applicable limit that applies to the source, in the same manner that is done in SPC IX.7 to simplify the condition. This change results in a subsequent renumbering of all subconditions under SPC

IX.2.

Response AOGA

- 29 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 30: 30) Revise the title just before SPC IX.3 as follows:

― Liquid Fuel

-

fired Emission Units Sources (EU IDs <insert EU ID numbers>)

Basis: Please use the term ―emission unit‖ instead of ―source‖ as appropriate throughout the standard permit conditions.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 52 of 79 Response AOGA

- 30 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 31: 31) Revise SPC.IX.3 as follows:

― 3. Visible Emissions Monitoring

. When required by any of conditions 1.1 through 1.3, or in the event of replacement during the permit term, the The Permittee shall observe the exhaust of EU ID(s) < insert EU ID numbers > for visible emissions using either the Method 9 Plan under Condition 3.1or the

Smoke/No

- Smoke Plan under Condition 3.2. The Permittee may change

visible

- emissions plans for an emission unit at any time unless prohibited from doing so by Condition 3.3.

Basis: The intent of our proposed revision to this condition is to clarify that the requirements of condition 3 are triggered by any of conditions 1.1 through 1.3 ( numbering based on our proposed revisions in our comment 28) ). Otherwise, this condition does not apply.

Response AOGA

- 31 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 3 2 : 32) Revise SPC IX.3.1.a( i) and (ii) as follows:

―(i) For any significant liquid fuel

- fired emission unit s replaced during the term of this permit, observe the exhaust of the replacement unit for 18 minutes within 30 days of startup.

(ii) For each existing emission unit th at exceeds the operational threshold in triggers visible emissions monitoring under Condition IX.1.4 1.2 or 1.3 [these are the new subcondition numbers per our proposed revisions stated in our comment 28), above]

, observe ...‖

Basis: 1) Our proposed edits to condition IX.3.1.a(i) are intended to clarify the language by stating that initial testing after replacement of an emission unit is limited to significant emission units that fire liquid fuel. Gas

- fired emission units are not subject to the MR&R found in conditions IX.3 through IX.5.

2) For condition IX.3.1.a(ii), see our comment 28) where we propose to create a new version of condition IX.1.2, which would also be appropriately referenced by this condition. Consequently, this condition would also need to be changed toG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 53 of 79

more generically refer to emission units that trigger a requirement to conduct MR&R under conditions IX.3 through IX.5.

Response AOGA

- 32 : The d epartment agrees that the editorial change regarding liquid fuel fired emission unit s adds clarity and has accepted this comment as proposed. Regarding IEU and significant emission units, the applicant is responsible to sort out the universe of insignificant emission units from all other activities. Those flares and liquid fuel fired fu el burning equipment classified as significant become subject to SPC IX and those liquid fuel fired fuel burning equipment classified as IEUs are subject to SPC V. The suggested edits proposed blur this distinction and confuse which SPC applies to an IEU. Therefore, the d epartment rejects the ―significant‖ clause proposed.

Comment AOGA

- 33: 33) Revise SPC IX.3.1a, c and d and create a new SPC IX.3.1e as follows:

―a. First Method 9 Observation . Except as provided in Condition s 3.1e and 3.4, for EU ID(s)...

b. Monthly Method 9 Observations. <...>

c. Semiannual Method 9 Observations . After observing emissions for three consecutive operating months under Condition 3.1a(i), unless a six

- minute average is greater than 15 percent and one or m ore observations are greater than 20 percent, perform 18

- minute observations within six months after the preceding observation

. :
(i) within six months after the preceding observation; or

(ii) for an emission unit with intermittent operations, during the next scheduled operation immediately following six months after the preceding observation

.
d. Annual Method 9 Observations . After at least two semiannual 18

- minute observations, unless a six

- minu te average is greater than 15 percent and one or more individual observations are greater than 20 percent, perform 18

- minute observations within twelve months after the preceding observation

. :

(i) Within twelve months after the preceding observations; or

(ii) For an emission unit with intermittent operations, during the next scheduled operation immediately following twelve months after the preceding

observation

.

e. For intermittently operated emission units < insert EU ID numbers >, the permittee may perf

orm 18

- minute observations within twelve months after the preceding observation, or during the next scheduled operation if the scheduled operation is not within 12 months after the preceding observation, and

Conditions 3.1a

- 3.1d do not apply

.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 54 of 79 Basis: T he intent of these proposed edits is to remove the tiered monitoring requirements for liquid fuel fired emission units that operate intermittently. We find keeping track of intermittent engine monitoring schedules established by the tiered monitoring appr oach found in the current condition to cause an unnecessary risk of noncompliance, without a meaningful effect on air quality or compliance with the underlying standard. The Department has agreed to include a condition similar to our proposed condition SPC IX.3.1e in Title V permits issued to Alyeska Pipeline Service Company (see, for example, permit no. AQ0072TVP02 for Pump Station 1).

Response AOGA

- 33 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed, although the d epartment replaced the word ―may‖ with the word ―shall‖ and other minor edits as in ―... the permittee shall may perform an 18

- minute observation s within twelve months...‖ in sub

- paragraph (e). In addition, for intermittently operated emission units, the periodic MR&R exception clause in 3.1(e) was modified for conditions 3.1(b)

- (d) instead of 3.1(a)

- (d). Justification

-- the initial observation appl ies irrespective of whether the listed unit is intermittently operated. In the same spirit, the 3.1(e) exception was removed from the Condition 3.1(a) proposal.

Comment AOGA

- 34: 34) Revise SPC IX.3.1e as follows for clarity and to correct the conditio n reference:

― f e

. ... then increase or maintain the 18

- minute observation frequency for that

emission unit to at least monthly intervals a monthly interval as described in

Condition 3.1b , until the criteria in Condition 3.1b 3.1c for semiannual monitoring are met.

Basis: We believe it is the Department‘s intent to require monthly observations for engines that would normally operate during the month, as indicated in the language of SPC IX.3.1b which includes a provision for monthly monitoring only

if the e ngine operates in a given month. As written in the standard permit language, SPC IX.3.1e requires the Permittee to revert back to at least monthly Method 9 observations but does not include the ―if operated‖ provision. By making the change we have propos ed, SPC IX.3.1e now refers back to Condition 3.1b to redefine the monthly monitoring requirement (just as it also refers to Condition 3.1c to redefine the semiannual monitoring) thereby maintaining consistency in the requirements of Conditions 3.1b and 3.1 e. We believe that these changes more adequately meet the requirements of 18 AAC 50 than does the current standard permit condition language.

Response AOGA

- 34 : The d epartment agrees that the editorial change adds clarity and has accepted this comment except the d epartment retained the ― at least monthly intervals‖ clause.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 55 of 79 Comment AOGA

- 35: 35) Revise SPC IX.3.4 as follows:

―3.4 In the case of renewal permits, the permittee shall have the option to continue an established monitoring frequency rather than re

- starting the cycle of monitoring from the beginning as in Condition 3.1a. The permittee shall state the intention of using make note of this option in the first Operating Report ...‖ [ DELETE ENTIRE SENTENCE ].

Basis The requirement to document the intent to continue using the previously established monitoring frequency is no longer needed if the language is changed as proposed to make it a requirement to continue u sing the established frequency instead of an option. We are confident that Permittees not want to restart the monitoring cycle with each permit renewal.

Response AOGA

- 35 : The d epartment does not agree to make the change as shown in the commenter‘s edits. Instead, the d epartment added the following editorial change to the end of Condition IX.3 as

― The Permittee may, for each unit, elect to continue the visible emission monitorin g schedule in effect from the previous permit at the time a renewed permit is issued, if applicable .‖ This change more adequately reflects the d epartment‘s intent to allow a Permittee to continue an established monitoring schedule ―if applicable‖. The d e partment agrees that ― We are confident that Permittees will not want to restart the monitoring cycle with each permit renewal.‖ however not all Permittee activities are applicable to continue an existing tier of monitoring as would be

the case with new EUs added in the renewal cycle. The placement of the added text at the end of Condition IX.3 more closely meets the intent of the d epartment‘s proposed change and is the location of this text in most recently

- issued ADEC permits including AQ0209TVP03, AQ0208 TVP03, AQ0170TVP02, AQ0066TVP02

, among others.

Comment AOGA

- 36: 36) Remove the bold formatting from the following highlighted text in SPC IX.4 . In addition, revise SPC IX.4 as shown.

― 4. Visible Emissions Recordkeeping. When required by any of condi tions 1.1 through 1.4, or in the event of replacement of any of EU ID(s) < insert EU ID numbers> during the permit term, the The Permittee shall keep records as

follows: ‖

Basis: The intent of our proposed revision to this condition is to clarify that the

r equirements of condition 4 are triggered by any of conditions 1.1 through 1.4. Otherwise, this condition does not apply.

Response AOGA

- 36 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 56 of 79 Comment AOGA

- 37: 37) Revise SPC IX.4.1 as follows:

―a The observer shall record :

(i) the name of the stationary source, emission unit and location, stationary

source emission unit type, observer's name and affiliation, and the date on

the Visible Emissions Field Data Sheet in <insert Visible Emissions Field Data Sheet Section number>;

(ii) the time, estimated distance to the emissions location, sun location, approximate wind direction, estimated wind speed, description of the sky Condition (presence and co lor of clouds), and plume background, and operating rate (load or fuel consumption rate or best estimate if unknown ) on the sheet at the time opacity observations are initiated and completed;

<...>

(v) the minimum number of observations required by the per mit; each momentary observation recorded shall be deemed to represent the average opacity of emissions for a 15

- second period

. ;

b. To to determine...

c. c C alculate and record the highest 6

- minute and 18

- minute consecutive

minute averages observed.‖

Basis: 1) Please use the term ―emission unit‖ instead of ―source‖ as appropriate throughout the standard permit conditions. It seems more relevant to us to record the emission unit type than the stationary source type on the visible emissions

field data sheet if the person reviewing the submitted form does not have the permit readily available to determine the type of emission unit observed and 2) it is an emission unit whose emissions are observed, not the entire stationary

source. We believe that this change more adequately meets the requirements of 18 AAC 50 than does the current standard permit condition language.

2) The production/operating rate entry is not a requirement of Reference Method 9, and should not be included in the permit language o r on the Visible Emission

Observation form. This information is not critical to the outcome or interpretation of a Method 9 or smoke/no

- smoke observation since the visible emissions standard applies regardless of the production/operating rate of an

emissi on unit.

3) The six

- minute observation results are used to determine if the Method 9 monitoring frequency can be reduced (see, for example, SPC IX.3.1c, 3.1d, and 3.1e). Therefore, the six

- minute average should also be recorded. We believe

that this change more adequately meets the requirements of 18 AAC 50 than does the current standard permit condition language.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 57 of 79

4) Our other proposed changes are punctuation changes to make the conditions

easier to understand.

Response AOGA

- 37

: The department agrees to the editorial changes which add clarity and has accepted these editorial changes as proposed, but it does not accept the request to remove the requirement to annotate the ―...operating rate (load or fuel consumption rate or best estimate if unknown )‖ as this data element is essential for the compliance inspector or VE observer to compare the operating condition of the EU under observation with regards to characterizing the actual discharge into ambient air (18 AAC 50.220(b)). The department (and pe rmittee) needs to be able to note that an EU was online in a normal operational mode that characterizes actual operations at the stationary source and not (for example) idling offline with no load applied which would not be a true representation of the EU‘ s visible emissions characteristics.

Comment AOGA

- 38: 38) Delete SPC IX.4.2.g

.

Basis: The operating rate (load or fuel consumption) is not pertinent to the outcome or interpretation of a Method 9 or smoke/no

- smoke observation since the visible

emi ssions standard applies regardless of the production/operating rate of an

emission unit.

Response AOGA

- 38 : The d epartment does not agree to the editorial change as proposed for the reason set forth in response to Comment AOGA

- 37. For example, the actual operating rate or load is a necessary element of understanding compliance with the VE standards of 18 AAC 50.070. For this reason and those cited above, the d epartment will not make this change.

Comment AOGA

- 39: 39) Remove the bold formatting from the following highlighted text in SPC IX.5 . In addition, revise SPC IX.5 as shown.

― 5. Visible Emissions Reporting. When required by any of conditions 1.1 through 1.4, or in the event of replacement of any of EU ID(s) < insert E U ID numbers> during the permit term, the The Permittee shall report visible

emissions as follows: ‖

Basis: The intent of our proposed revision to this condition is to clarify that the requirements of condition 5 are triggered by any of conditions 1.1 through 1.4. Otherwise, this condition does not apply.

Response AOGA

- 39 : The d epartment agrees that the edito rial change adds clarity and has accepted this comment as proposed.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 58 of 79 Comment AOGA

- 40: 40) SPC IX.5.1, SPC IX.11.3, and SPC IX.14.1

- Please use a consistent term to describe the Operating Report in the standard permit conditions. In these three conditions it is called the ―Stationary Source Operating Report‖. The SPC VII uses the term ―Operating Report.‖ We suggest that the same t erm be used throughout SPC IX.

Response AOGA

- 40 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed. The d epartment will adopt the consistent term ―operating report‖ for the purposes of these condition s.

Comment AOGA

- 41: 41) SPC IX.5.2b and SPC IX.11.1b are examples of conditions that require a non

- standard reporting deadline for a ―failure to monitor.‖ Please include a reference to these conditions, and any other such conditions, if applicable to the stationary source, in SPC III.1.1c(iv) per our comment 12).

Response AOGA

- 41 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 42: 42) Delete SPC IX.6 regarding visible emissions observations for flares.

Basis: The various members of our organization were unable to come to a consensus on the definition of a ―qualifying flare event‖ that is workable for each company. There is simply no uniformity of the various situations as they apply to flare operations by the companies. Therefore, we believe it is not appropriate to include a ―Standard Permit Condition‖ for flare visible emissions and request instead that each Permittee subject to a requirement to monitor flares for visible

emissions be allowed to work with th e Department to develop a source

- specific (or Permittee

- specific) condition that will be used in the permits for that Permittee. This should not be overly burdensome for the Department as there are a relatively small number of Permittees that are required to include a flare Method 9 provision in their permits, much smaller than the number of Permittees affected by the more general requirement to monitor liquid fuel fired units for

visible emissions.

Response AOGA

- 42 : The SPC provides a boilerplate start ing point for inclusion of VE MR&R for flares in permits where such a condition is applicable to an EU. The d epartment already allows individual permittees to propose terms to the d epartment under 18 AAC 50.346, “...unless the department

determines that emi ssion unit

- specific or stationary source

- specific conditions more adequatelyG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 59 of 79 meet the requirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit” . To remove the option of flare SPC will do a diss ervice to those clients who prefer to accept the generic approach and add to the time necessary to negotiate site specific terms for every source with flaring activities. Absent a compelling argument why the general SPC is not applicable to a specific emi ssion unit at an individual stationary source,

the d epartment will continue to use SPC IX.6. Thus, the department does not agree that the change adds clarity and has not accepted this proposal.

Comment AOGA

- 43: 43) Revise SPC IX.7 as follows:

― 7.1 For EU ID(s) < insert EU ID numbers >, monitor, record and report in

accordance with Condition 9

– 11.

7. 1 2 For EU ID(s) <insert EU ID numbers>, burn only gas as fuel. Monitoring for these emission unit(s) shall consist of a certification statement in each operating report under Condition < insert Operating Report condition

number > that indicating whether each of these emission unit(s) fired only gas during the period covered by the report . Report under Condition < refer to excess emission/permit dev iations condition number > if any fuel is burned other than gas.

7.2 For any of EU ID(s) < insert EU ID numbers > that has actual emissions less than the thresholds in 18 AAC 50.326(e), monitor, record and report in

accordance with Condition <refer to condi tion number for Standard Permit

Condition V.1.4>. Otherwise, monitor, record, and report in accordance with Conditions 9 through 11

.
7.3 For each of EU ID(s) < insert EU ID numbers >, as long as they do the

emission unit does not exceed the limits in Con dition(s) < insert number(s) of Condition(s) that state EU(s) operating limits >, monitoring shall consist of an annual compliance certification under Condition < insert Annual Compliance Certification condition number > with the particulate matter standard in

accordance with < refer to the condition in the permit that incorporates

Standard Permit Condition V.1.4.a >. Otherwise, determine if actual emissions for that unit are below the thresholds in 18 AAC 50.326(e) and comply with Condition 7.2.

7.4 <...>

7.5 For EU ID(s) < insert EU ID numbers >, use only gas as primary fuel. Monitoring for these emission unit(s) shall consist of a certification statement in each operating report required in Condition < insert Operating Report

condition number > that indicating wh ether each of these emission unit(s) fired only gas as the primary fuel during the period covered by the report . If operating operation on a back

- up liquid fuel occurred during the period covered by the report , the Permittee shall monitor, record, and report according to Condition 15 < insert VE & PM MR&R for Dual Fuel

- Fired

Sources condition number > .‖G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 60 of 79 Basis: See various bases to our comment 28).

Response AOGA

- 43 : See responses to each basis listed for Comme nt 28. The d epartment agrees to analogous changes to SPC IX Condition 7 as agreed to for SPC IX Condition 1. The department agrees with

the editorial

- only changes which add clarity and has accepted these editorial

- only comments as proposed. The d epartme nt does not agree to delete condition SPC IX.7.1 and append it to the end of the new Condition SPC IX.7.2 proposed above as the condition loses visibility for what are the significant EUs subject to the PM standard. A better reorganization would be as fol lows:

―7.1 For EU ID(s) < insert EU ID numbers >, monitor, record and report in accordance

with Condition 9

– 11. For any of EU ID(s) < insert EU ID numbers > that has actual emissions less than the thresholds in 18 AAC 50.326(e) except as provided

in 18 AA C 50.326(d) , monitor, record and report in accordance with Condition

<refer to condition number for Standard Permit Condition V.1.4>.

Further, the d epartment does not agree with the proposed modification to SPC IX.7.3 as the EUs with operating limits are not allowed to exceed those limits (18 AAC 50.345(c)). In practice these operating limits normally stem from either (e.g.) an ambient condition, or an owner

- requested limit to cap emissions to avoid threshold based standards or pre

- construction review. Providing a method to allow a unit to violate an operational limitation imposed in an owner requested limit, construction or minor permitting is not s upported by the d epartment. As mentioned above under response to Comment AOGA

- 32, the d epartment has elected in general not to have duplicate language or inconsistent language regarding IEUs and IEU classification. SPC V covers IEUs,

visible emissions a nd particulate matter. All other liquid fuel burning equipment activities and flares

will be covered under SPC IX.

Comment AOGA

- 44: 44) Revise the title just before SPC IX.9 as follows:

― Liquid Fuel

-

fired Emission Units Sources (EU IDs < insert EU ID numbers>)

Basis: Please use the term ―emission unit‖ instead of ―source‖ as appropriate throughout the standard permit condition.

Response AOGA

- 44 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 45: 45) Revise SPC IX.9, SPC IX.9.1, and SPC IX.9.2b as follows:

―9. The Permittee shall conduct source tests on diesel engines and liquid

- fired turbines, < identify emission units >, to determine the concentration of particulate matter (PM) in the exhaust of a source an emission unit as follows : i n accordance with Condition 9

.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 61 of 79

9.1 Except as allowed under Condition 9.4, within Within six months...

9.2 <...>

a. <...>

b. for a source an emission unit with an exhaust...‖

Basis: 1) Please use the term ―emission unit‖ instead of ―source‖ as appropriate throughout the standard permit condition.

2) Other changes to SPC IX.9 are proposed for clarity and consistency.

3) The exception stated in SPC IX.9.4 should be iden tified in SPC IX.9.1 to make the reader immediately aware of the exception that applies.

Response AOGA

- 45 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 46: 46) Revise SPC IX.9.4 as follows (grammatical):

―9.4 The automate PM source test requirements in Conditions 9.1 and 9.2 is are waived for ...‖

Response AOGA

- 46 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 47: 47) Bold the introductory text to SPC IX.11 as follows:

― 11. Particulate Matter Reporting for Diesel Engines and Liquid

- Fired

Turbines . The Permittee shall report...‖

Response AOGA

- 47

: The d epartment agrees that the editorial change adds c larity and has accepted this comment as proposed.

Comment AOGA

- 48: 48) Revise SPC IX.12 as follows:

a) ― 12. Particulate Matter Monitoring for Liquid Fuel

- Fired Boilers and

Heaters

. ...G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 62 of 79

12.1 Except as allowed under Condition 12.3, c C onduct a PM source test according to the requirements set out in < insert Standard Source Test

Section > no later than ...‖

Basis: 1) Our proposed edit to SPC IX.12 will help to further clarify the type of emission units that the condition applies to, as is do ne in SPC IX.9.

2) The exception stated in SPC IX.12.3 should be identified in SPC IX.12.1 to make the reader immediately aware of the exception that applies.

b) ―12.2 During each one

- hour PM source test run, observe the exhaust for 60

minutes in ac cordance with Method 9 and calculate the average opacity measured during each one

- hour test run. Submit a copy of these observations with the source test report. ‖

Basis: Change proposed for consistency with SPC IX.9.3. It does seem appropriate to

includ e a copy of the Method 9 observations conducted during a PM source test.

c) ―12.3 The PM source test requirement in Condition 12 12.1 is waived for

an emission unit if:

a. a PM source test on that unit during the most recent semiannual reporting peri od on that unit shows has shown compliance with the

PM standard during this permit term since permit issuance , or

b. if a follow

- up visible emission observation conducted using Method

- 9 during the 90 days shows take corrective action and conduct two 18

-

m inute visible emissions observations in a consecutive six

- month period to show that the excess visible emissions described in Condition

3.1e 12.1 no longer occur.‖

Basis: 1) The source test requirement is stated in SPC IX.12.1, not SPC IX.12. We
suggest that the cross

- reference link be corrected in condition 12.3.

2) We do not understand the reference in SPC IX.12.3a to a PM source test conducted ―during the most recent semiannual reporting period‖ with an indication that such a test could show complian ce since permit issuance. Further, it appears that this condition makes reference to operating reports submitted

semi

- annually. We believe that the operating reports are not intended to show compliance retroactively back to the date that the permit was i ssued. Our proposed edit is to make the language of this condition consistent with the language of SPC IX.9.4.

3) SPC IX.12.3.b is confusing and inconsistent as currently written. We believe

that the condition should refer to the six

- month corrective maintenance period

and the excess visible emissions threshold described in SPC IX.12.1. Furthermore, SPC IX.3.1e referenced in the condition as currently written doesG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 63 of 79

not describe ―excess visible emissions‖. Again, it seems more logical to refer to

Condition 12.1 here.

Response AOGA

- 48 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 49: 49) Revise SPC IX.13 as follows:

― 13. Particulate Matter Recordkeeping for Liquid Fuel

- Fired Boilers and

Heaters. The Permittee shall report as follows:‖

Basis: Our proposed edit to SPC IX.13 will help to further clarify the type of emission units that the condition applies to, as is done in SPC IX.9.

Response AOGA

- 49 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 50: 50) Revise SP C IX.14.1 as follows:

―14.1 In each stationary source operating report required by Condition < insert Operating Report condition number >, include for the period covered by the report‖

Basis: 1) Please use a consistent term to describe the Operating Report in the permit language per our comment 40).

2) We request that all conditions describing the required contents of the operating report specifically state that the data to be reported is only that recorded during the reporting period. The Department typically has included the requested language in other conditions, but not this one.

Response AOGA

- 50 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 51: 51) Change the reference to Condition 3.1e in SPC IX.14.1.a to instead ref erence Condition 12.1. As described in basis #3 to comment 48)c), it appears that Condition 12.1 should be referenced here, not Condition 3.1e.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 64 of 79 Response AOGA

- 51 : The d epartment agrees to correct the typographical error referencing observations and has accepted this comment as proposed.

Comment AOGA

- 52: 52) Revise the title just before SPC IX.15 as follows:

― VE and PM MR&R for duel Fuel

- Fired Emission Units Sources EU IDs

___ ”

Basis: Please use the term ―emission unit‖ instead of ―source‖ as appropriate throughout the standard permit conditions.

Response AOGA

- 52 : The d epartment agrees that the editorial change adds clarity and has accepted this comment as proposed.

Comment AOGA

- 53: 53) Revise SPC IX.15 as follows:

―15. The Permittee shall monitor, record and report the monthly hours of operation when operating on a back

- up liquid fuel.

15.1 If For any of EU ID(s) < insert EU ID numbers > do that does not exceed

400 hour s of operations per calendar year per source on a back

- up liquid fuel, monitoring of compliance for visible emissions and particulate matter is not required for that emission unit and m . M onitoring shall consist of

an annual compliance certification of compliance with Conditions 1 and 7

under Condition < insert Annual Compliance Certification condition

number > with Conditions 1.1 and 7

.
15.2 For any of EU ID(s) < insert EU ID numbers >, notify the Department and begin monitoring the affected emissio n unit according to Condition 15.3 no later than 15 days after the end of a calendar month in which the cumulative hours of operation for the calendar year exceed any multiple of

400 hours on back

- up liquid fuel. If the observation exceeds the limit in

Co ndition 1, monitor as described in Condition 9 or 12, as applicable by type of emission unit. If the observation does not exceed the limit in Condition 1, no additional monitoring is required until the cumulative hours of operation exceed each subsequent multiple of 400 hours on back

up liquid fuel during a calendar year .<new footnote 1 > EU ID(s) < insert EU ID

numbers > are subject to the liquid fuel monitoring requirements described in Conditions 3 and 9 if operations exceed 400 hours per calendar year per

emission unit on a back

- up liquid fuel.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 65 of 79

15.3 When required to do so by Condition 15.2, observe the exhaust, following 40 C.F.R. 60, Appendix A

- 4, Method 9, adopted by reference in 18 AAC 50.040(a), for 18 minutes to obtain 72 consecutive 15

- second opacity

observations. The Permittee must notify the department and begin monitoring the affected emission unit according to Conditions 3 and 9 no later than 15 days after the end of a calendar month in which the cumulative hours of operation for the calen dar year exceed 400 hours on a

back

- up liquid fuel.

15.4 Keep records and report in accordance with Conditions 4, 5, 10, 11, 13 and 14, as applicable by type of emission unit.

15. 5 4 Report under Condition < insert Excess Emissions and Permit Dev iations

condition number > if the Permittee fails to comply with Condition s 15.2, 15.3, or 15.4

.
<New footnote 1 to Condition 15.2> ― If the requirement to monitor is triggered more than once in a calendar month, only one Method 9 observation is required to be conducted by the stated deadline for that month .‖

Basis: 1) This condition implements the requirement to conduct Method 9 observations (with the potential for PM source tests) as stated in the Department‘s Policy and Procedure no. 04.02.103, To pic #2, wherein permit staff are to clarify in permits that emission units using liquid fuel as a backup fuel to replace gas fuel are not subject to the liquid fuel monitoring requirements of the standard permit condition until annual operations of the emi ssion unit exceed 400 hours per calendar year on liquid fuel. At issue here is that the Standard Permit Condition requires periodic (i.e., ongoing monthly, semi

- annual, and annual) monitoring per the standard protocol found in Condition 3.1 for an emissio n unit that typically does not operate on backup liquid fuel. Only under very unusual circumstances would such an emission unit continue to operate regularly on backup liquid fuel such that it would be operating at times that would be required under the s tandard protocol.

We propose that for dual fuel fired equipment that operate on liquid fuel as a backup that monitoring be triggered only with each subsequent 400 hours of operation on backup fuel. Thus, the monitoring requirement for such emission

uni ts should be kept separate from the standard period protocol found in

condition 3.1 of the Standard Permit Condition.

2) We have proposed revisions to SPC IX.15.1 with the intent of making the condition more specific to each individually affected emissi on unit and to otherwise clarify the language.

3) We have combined the text in current SPC IX.15.2. and 15.3 into a single condition 15.2 with references to the appropriate particulate matter monitoring that could apply under SPC IX.9 or 12, and separa ted out the visible emissions monitoring requirements into a new version of SPC IX.15.3 that does not include the periodic monitoring schedule found in SPC IX.3, which we do not believe isG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 66 of 79

applicable to dual fuel

- fired emission units as stated in basis #1) above. We believe the periodic monitoring language in Condition 3 would be difficult to implement as written under either the Method 9 or smoke/no

- smoke plans. As such, we believe it is appropriate to simply require a single Method 9

observations as des cribed under the new version of Condition 15.3 proposed above each time the 400 hour operating time threshold has been exceeded on

back

- up liquid fuel.

4) We have also proposed a new Condition 15.4 so clarify the applicable recordkeeping and reporting requirements that apply to dual fuel

- fired emission units for visible emissions and particulate matter emissions.

5) Finally, our proposed new footnote to SPC IX.15.2 is intended to make it clear that the monitoring for dual fuel

- fired emission units need only be completed once per month. With the triggers that apply to each multiple of 400 hours of operation in a calendar year as proposed in Condition 15.2 above, if a dual fired emission unit happens to operate for 1200 consecutive hours on backup fuel (unlikely, but possible), then the second multiple of 400 hours (i.e., 800 hours) and the third multiple of 400 hours (i.e., 1200 hours) will each occur during the second month of operation. During such a month, the footnote would allow the Permittee to conduct just one Method 9 observation during the second month,

instead of two.

Response AOGA

- 53 : The d epartment agrees that the multiples of 400 hours per calendar year better suit emission units the infrequently and intermittently use liquid fuels as back

- up. Due to the unique nature of these dual fuel units, the d epartment has accepted this proposal.

Comment AOGA

- 54: 54) Revise the 2nd paragraph of page 15 of SPC IX as follows:

―...If a client Permittee conducts an emission unit surveillance at any time, that

surveillance can re

- set the date for which the next periodic surveillance is due.

Respons e AOGA

- 54 : The d epartment accepts the correction of the typographical error that the commentator proposed.

Statement of Basis for SPC IX

Comment AOGA

- 55: 55) Revise the Factual Basis of Conditions 1 and 3

- 5, 6 & 15 as follows:

― Factual B asis basis : Factual basis : Condition 1 prohibits the Permittee from causing or allowing visible emissions in excess of 18 AAC 50.055(a)(1).G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 67 of 79

Condition 2 Error! Reference source not found

. prohibits the Permittee from causing or allowing visible emissions in excess of 18 AAC 50.050(a).

MR&R requirements are listed in Conditions 3 through 5, 6, and 15 of the permit.

These conditions have been adopted into regulation as Standard Conditions. The department added a provision that clarifies the option to continue an established monitoring frequency for renewal permits.

<...>

These conditions detail a stepwise process for monitoring compliance with the State's visible emissions and particulat e matter standards for liquid and gas fired

emission units sources

....

Reasonable action thresholds are established in these conditions that require the Permittee to progressively address potential visible emission problems from

sources emission units eith er through maintenance programs and/or more rigorous tests that will quantify whether a specific emission standard has been exceeded.

[ NOTE: Delete the following four paragraphs which describe the requirements that apply to flares, per our comment 42) . The Statement of Basis language for flare visible emissions monitoring should be customized according to the applicable requirements that result from the Permittee

specific conditions developed that are acceptable to the Permittee and the Department. S ee our proposed edits, below, to the language that immediately follow the ―Flare‖ heading in the Statement of Basis text.]

Condition 6 ... Thus, the Condition sets out a protocol to collect actual field data to determine compliance with the 20 percent opac ity standard for flares.

A recent department analysis of industry flaring operations indicates that 49 percent of the gas flared (by volume) is for pilot/purge, 25 percent is for flaring less than one hour, and 26 percent is for flaring that lasts more than one hour. Pilot/purge flaring constitutes half of all flaring by volume and is continuous in nature and can be observed at any time. This type of flaring has not caused violations of the opacity standard in the past and can be checked at any time by agency inspectors. The remaining half of the flaring volume is split evenly between less than and greater than a one

- hour duration. Therefore, the monitoring

scheme in this condition addresses the half of the non

- continuous flaring operations that are sc heduled and for which a certified observer can reasonably be

located onsite.

Since it is impractical to require facilities to have a certified Method

- 9 opacity reader on site for unpredictable emergency flaring, the monitoring protocol requires Method

- 9 r eadings only during scheduled flare events. Scheduled events such as those generated by maintenance activities and well testing of greater thanG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 68 of 79

one

- hour in duration will be observed. These one

- hour events are currently quantified and reported to the Alas ka Oil and Gas Conservation Commission for other reasons and thus provides a confirming information record of the occurrence of these events. Only those events as defined in the Condition need to be monitored. If no events meeting this definition occur d uring the life of the permit then no monitoring is required.

Since only flaring that is scheduled and exceeds one hour is required to be observed, operators will have time to provide certified Method

- 9 readers onsite. Most oil and gas production facilit ies in Alaska are located at remote sites, so it is

not reasonable to self

- monitor all or even a large sample of the flaring that occurs. Data collected from planned events will help the department refine this monitoring scheme during future permit cycles . Process upsets and emergency events that may or may not exceed one hour occur randomly and do not lend themselves easily to periodic monitoring. At this time, the department will rely on stationary source excess emission reports, citizen complaints, an d agency inspections for information concerning these short term and emergency events.

Gas Fired:

Monitoring

– The monitoring of gas fired sources emission units for visible emissions is waived, i.e. no source testing will be required. The department has found that natural gas fired equipment inherently has negligible PM emissions. However, the department can request a source test for PM emissions from any smoking equipment.

Reporting

– The Permittee must annually certify that only gaseous fuels are used in the equipment. state in each operating report whether only gaseous fuels were used in the equipment during the reporting period

. Liquid Fired:

<...>

Reporting

- The Permittee is required to report: 1) emissions in excess of the

federal and the s S tate visible emissions standard and 2) deviations from permit Conditions. The Permittee is required to include copies of the results of all visible

emission observations with the stationary source operating report.

Dual Fuel

- Fired Emission Units Sourc es :

For EU ID(s) < insert EU ID numbers >, as long as they operate only on gas, monitoring consists of an annual certification a statement in each operating report

to indicate whether that only gaseous fuels were used in the equipment during the reporting period . When any of these sources emission units operates on a backup liquid fuel for more than 400 hours in a calendar year, monitoring as detailed in Condition 15 is required for that sources emission unit in accordance with department Policy and Proced ure No. AWQ 04.02.103, Topic # 2, 10/8/04. When any of these sources emission units operates on a backup liquid fuel for less than 400 hours or less in a calendar year, monitoring for that sources emission unit consists of an annual certification of compli ance with the opacity standard. TheG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 69 of 79

400

- hour trigger for additional monitoring applies to each individual unit and not

as a combined total for all units.

Insignificant Sources Emission Units Subject to Operating Limits :

For EU ID(s) < insert EU ID numb ers > no visible emissions monitoring is required because when these sources emission units are insignificant sources emission units based on actual potential emissions and have due to permit Condition(s) < insert Condition numbers > that limit either their h ours of operation or fuel consumption. As long as the sources emission units do not exceed these limits, they are insignificant by emissions rate as specified in 18 AAC 50.326(e) and no monitoring is required in accordance with department Policy and

Proce dure No. AWQ 04.02.103, Topic # 3, 10/8/04. The Permittee must annually certify compliance under Condition < insert Annual Compliance Certificate

Condition > with the opacity visible emissions standard. If the emission units exceed the limit(s), the Permittee must comply with condition < insert the condition that requires the Permittee to confirm that actual emissions are below

the IEU thresholds>

. Insignificant Emission Units Based on Actual Emissions:

For EU ID(s) < insert EU ID numbers > no visible emissions monitoring is required if these emission units are insignificant based on actual emissions below the insignificant emission unit thresholds of 18 AAC 50.326(e). For such units, the Permittee must comply with the MR&R requirements for insignif icant

emission units under <insert a link to insignifcant emission units standard

condition V.1.4>

Flares:

Monitoring for flares (EU ID(s) < insert EU ID numbers >) <insert language here that states the applicable requirements of the Permittee

- specific c ondition for flare visible emissions monitoring.> r equires Method

- 9 observations of scheduled flaring events lasting more than one hour . The Permittee must report the results of these observations to the department.‖

Basis: 1) In general, the changes tha t we have proposed for the Statement of Basis that corresponds to SPC IX are necessary to make the Statement of Basis consistent with the SPC requirements either as proposed by the Department and/or in accordance with the proposed changes we have requested for SPC IX. We have also requested higher level changes such as corrections to terms such as ―sources‖ to ―emission units‖, ―opacity standard‖ to ―visible emissions standard‖, ―stationary source operating report‖ to ―operating report‖, etc., as discussed in other comments found in this document. Other important points of our comments on the Statement of Basis to SPC IX are presented in the following list of bases.

2) The language discussing provisions added or changed in the permits compared

to the s tandard permit condition is no longer necessary due to the modifications that the Department has made with these revisions to the standard permit

conditions.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 70 of 79

3) For gas fired units and the dual fuel

- fired units, the Statement of Basis proposed by the Department for ―reporting‖ states that the Permittee must annually certify that only gaseous fuels are used. However, the Department has changed the requirement so the Statement of Basis language needs to also be changed to match the reporting requirement of SPC IX.1.3 (1.2 now). We have also commented to change the text to remove the ―certify‖ language per basis #2) of our comment 28).

4) The visible emissions standard is a State requirement, not a federal requirement.

5) For the dual fuel

- fire d units, the Statement of Basis refers to ―Topic #2 of the Policy and Procedure‖ document and then describes the operating hour range when no monitoring is required as being ―less than 400 hours‖. According to the procedure document, the correct range is ―400 hours or less‖.

6) For the insignificant emission units subject to operating limits, one of the changes we proposed was to change the phrase ―are insignificant emission units

based on actual emissions due to (operational limits)‖ by replacing the word ―actual‖ to ―potential‖ because the operating limits establish the potential emissions at a level below the IEU threshold for units that fit the description provided in the Statement of Basis. In addition, Topic #3 of the department Policy and Proced ure No. AWQ 04.02.103 uses the term ―potential emissions‖.

Response AOGA

- 55 : The department has made several changes to the Statement of Basis text in this section to remain consistent with changes agreed to or as modified in response to comments AOGA

- 28 through AOGA

- 53. Regarding editorial changes that add clarity for unchanged text, the department has accepted these edits as proposed. Since the d epartment did not concur to delete the flare SPC text, the d epartment does not accept the edit to delete the basis discussion for

flares. See the d epartment‘s response to Comment AOGA

- 42

.

Comment AOGA

- 56: 56) Revise the last sentence of the Factual Basis for SPC IX.2 to correct the reference as

follows:

―The Permittee is required to monitor, record, and report according to Condition 2.2

2.1 .‖

Basis: The correction is a fallout from our proposed change to Condition 2, as stated in our comment 29).

Response AOGA

- 56 : The d epartment agrees to correct the reference as proposed.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 71 of 79 Comment AOGA

- 57: 57) Revise the Factual Basis of SPCs IX.7 and IX.9

- 11, 12

- 14 & 15 as follows:

― Factual b B asis : Condition 7 requires the Permittee to comply with the s S tate PM (also called grain loading) standard applicable to fuel

- burning equipment. The

Permittee shall not cause or allow fuel

- burning equipment to violate this standard.

<...>

The Permittee must establish by actual visual observations, which must may be

supp lemented by other means, such as a defined Stationary Source Operation and Maintenance Program that the stationary source is in continuous compliance with the State's emission standards for particulate matter.

These conditions detail a stepwise process f or monitoring compliance with the State's particulate matter standards for liquid

- and gas

- fired sources emission units

. Equipment types covered by these conditions are internal combustion engines, turbines, heaters, and boilers. Initial monitoring frequ ency schedules are established along with subsequent reductions or increases in frequency depending on the results

of the self

- monitoring program.

Gas Fired:

Monitoring

– The monitoring of gas

- fired sources emission units for particulate

matter is waive d, i.e. no source testing will be required. The department has found that natural gas

- fired equipment inherently has negligible PM emissions. However, the department can request a source test for PM emissions from any smoking equipment.

Reporting

– The Permittee must state in each operating report whether certify annually that only gaseous fuels are were used in the equipment during the reporting period

. Liquid Fired:

<...>

Reporting

- The Permittee is required to report: 1) incidents when emissions in excess of the opacity threshold values have been observed, 2) and results of PM source tests. The Permittee is required to include copies of the results of all visible emission

observa tions with the stationary source operating report.

Dual Fuel

- Fired Emission Units Sources :

For EU ID(s) < insert EU ID numbers >, as long as they operate only on gas, monitoring consists of an annual certification a statement in the operating report to

indicate whether that only gaseous fuels were used in the equipment during the reporting period . When any of these sources emission units operates on a backup liquid fuel for more than 400 hours in a calendar year, monitoring as detailed in

Conditions 9 a nd 12 is required for that source emission unit in accordance with department Policy and Procedure No. AWQ 04.02.103, Topic # 2, 10/8/04. WhenG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 72 of 79

any of these sources emission units operates on a backup liquid fuel for less than 400

hours or less in a calend ar year, monitoring for that source emission unit consists of an annual certification of compliance with the particulate matter standard. The 400

- hour trigger for additional monitoring applies to each individual unit and not as a

combined total for all un its.

Insignificant Emission Units Sources Subject to Operating Limits :

For EU ID(s) < insert EU ID numbers >, no monitoring is required because these

sources emission units are insignificant sources emission units based on potential

actual emissions. EU ID(s) < insert EU ID numbers > must not exceed operational

hour limit(s) as required by Condition(s) < insert Conditions that apply >. As long as they operate within these limits, they are considered insignificant sources by emissions as specified in 18 AAC 5 0.326(e) and no monitoring is required in accordance with department Policy and Procedure No. AWQ 04.02.103, Topic # 3, 10/8/04. The Permittee must annually certify compliance under Condition < insert condition reference to Annual Compliance Certification condition number > with the particulate matter standard. If the emission units exceed the limit(s), the Permittee must comply with condition < insert the condition that requires the Permittee to confirm that actual emissions are below the IEU thresholds>

. Insignificant Emission Units Based on Actual Emissions :

For EU ID(s) < insert EU ID numbers > no monitoring is required if these emission units are insignificant based on actual emissions below the insignificant emission unit thresholds of 18 AAC 50.326(e) . For such units, the Permittee must comply with the MR&R requirements for insignificant emission units under <insert a link to insignifcant emission units standard condition V.1.4>

.
<...>‖

Basis: 1) See basis #1, #3, #4, and #6 to our comment 55).

2) The proposed change to the third paragraph of the factual basis (changing

― must be supplemented‖ to ― may be supplemented‖) is based on the similar language used in the fourth paragraph of the factual basis for conditions 1, 3

- 5, 6, and 15. Use of supplemental means for establishing that a stationary source is in continuous compliance with the emissions standards for visible emissions and particulate matter is optional, and not a requirement of the permits.

Response AOGA

- 57

: The d epartment has made several changes to the Statement of Basis text in this section to remain consistent with changes agreed to or as modified in response to comments AOGA

- 28 through AOGA

- 53. Regarding editorial changes that add clarity for unchanged text, the

d epartment has accepted these edits as proposed. Since the d epartment did not concur to delete the flare SPC text, the d epartment does not accept the edit to delete the basis discussion for

flares. See also the De partment‘s response to Comments AOGA

- 28, AOGA

- 43

, and AOGA

- 55.

Response AOGA

- 27

— AOGA

- 57

: Revised Regulations

—G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 73 of 79 The discussed and agreed to changes have been made to Standard Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units

.

Comment AOGA

- 58 ( Standard Permit Condition X

– Reasonable Precautions to Prevent Fugitive Dust ) : 58) Revise item ―i.‖ of the list on page 2 stating the types of emission units and stationary sources that the condition applies to as follows:

―i. unpaved d irt roads under the control of the operator...‖

Basis: The regulations specifically state that ―dirt‖ roads are subject to the requirements of this condition. Refer to Table 7 under 18 AAC 50.346(c). We agree that dirt roads are likely to generate fugit ive dust. However, other types of unpaved roads should not necessarily be globally categorized as such (e.g., ice roads/pads on the North Slope that are ―unpaved‖ but do not generate fugitive dust). We believe it is appropriate for the Department to make a case

- by

- case determination of the potential for fugitive dust from unpaved roads other than dirt roads, as provided under the provisions of item ―j‖ of the list, which states that the condition applies to ―other emission units the department finds

are l ikely to generate fugitive dust.‖

Response AOGA

- 58 : ADEC‘s intent was to modify the list of ―i .‖ in SPC X as adopted in 18 AAC 50.346(c) to include those roads likely to generate fugitive dust. Certainly no one would disagree that ―dirt‖ roads can be a source of fugitive dust, but the d epartment will not attempt to advance the same

determination t o an ―ice road.‖ Instead the d epartment will more specifically categorize those types of unpaved roads of concern.

Numerous gravel roads throughout the State under the control of the operator can also be a source of fugitive dust and in some noted cases, a serious source of public complaint. For example, the Delong Mountain Transportation System and permanent roads within the North Slope oil field are surfaced with gravel. Notwithstanding their potential to emit fugitive dust, clients were willing to arg ue that gravel roads were outside the scope of this standard condition. To forestall such posturing, the d epartment intended to expand the scope for this condition to cover other unpaved roads as potential sources of fugitive dust.

For that reason, and t o incorporate the true intent of the change to the SPC X, the

d epartment will modify the condition to refer to as follows:

―i. dirt or gravel roads under the control of the operator...‖

To avoid the confusion regarding inconsistent terminology of Table 7 with the SPC X as modified, the d epartment will also modify Table 7 text to match that of item ―i.‖

Thus for the reasons delineated above, the d epartment does not accept the proposed change but does modify the Condition as noted above.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 74 of 79 Comment s AOGA

- 59

—AOGA

- 65 ( Standard Permit Conditions XV

– Emission Inventory Reporting ) :

Comment AOGA

- 59: 59) Delete SPC XV and 18 AAC 50.346(8)

.

Basis: The requirements of 40 CFR 51 Subpart A are not Part 71 applicable requirements as defined in 40 CFR 71.2. The air emissions reporting requirements under Part 51 Subpart A apply to States, not emissions units at a

Part 71 source. See 40 CFR 51.1 and 51.321.

If, through legal review, the Department can document an adequate legal basis for including SPC XV as a Title V permit condition, then we request that the Department address comments 60) through 65), below, before adopting this SPC into regulation.

Response AOGA

- 59 : The department recognizes that the air emissions reporting requirements under 40 CFR Part 51 Subpart A apply to States ; however

, States rely on information provided by point sources to meet the reporting requirements of Part 51 Subpart A. In the past, the department ha s made information requests to point sources, to which the point source is obligated to reply under 18

AAC 50.200. The information requests occur on a routine basis as established by Part 51 Subpart A and consume significant staff resources . To increase governmental efficiency and reduce costs associated with information requests that occur on a routine basis, it has been determined that a standard permit condition best fulfills the need to gather the information needed to satisfy the requirements of Part 51 Subpart A.

The department will revise the language in the Statement of Basis for the Permit Conditions to remove the inference that the Part 51 Subpart A reporting requirements are applicable to the point source and instead will reference 18 AAC 50.2 00. The department will address AOGA comments 60) through 65) before adopting this Standard Permit condition into regulation.

Comment AOGA

- 60 : 60) SPC XV implements a reporting procedure for emission unit identification, including emissions data, that state agencies are required to report to EPA under 40 CFR 51, Subpart Q and according to the reporting requirements of 40 CFR 51, Subpart A, which

was amende d as recently as December 17, 2008 (see 73 FR 76552). In this change, the reporting requirements in Table 2a of Appendix A to Subpart A of 40 CFR 51 was revised to include additional and revised reporting requirements. We ask that the Department clarify in SPC XV and/or SPC XVI under which version of 40 CFR 51, Subpart A Permittees are required to report.

Response AOGA

- 60 :G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 75 of 79 We agree that clarification i s needed. The department will clarify to which version of 40 CFR 51, Subpart A Permittees are requir ed to report.

Comment AOGA

- 61 : 61) It would be appropriate that the rules under 18 AAC 50.040 be revised to include a new provision to document which version of 40 CFR 51, Subpart A is adopted by reference. This adoption may need to be specific to the relevant portions of 40 CFR 51 pertaining to air emissions reporting requirements as the rules already include in 18 AAC 50.040(h) and (i) the adopted versions of 40 CFR 51.166 and 40 CFR 51.165, respectively, which are part of 40 CFR 51 Subpart I.

Respo nse AOGA

- 61 : The objectives of Standard Permit Conditions XV and XVI are to ensure complete reporting of Air Emissions Inventory Information. The department agrees to document the

version of 40 CFR 51, Subpart A to be utilized when providing the data elem ents requested. However, due to the limitations of the public notice specifying the changes to the regulations, we are not able to include a reference to Appendix A to Subpart A of 40 CFR 51 in 18 AAC 50.040

at this time. The department will retain the c omment for potential inclusion in a future regulation revisions update package.

Comment AOGA

- 62 : 62) Revise SPC XV.1.3 as follows:

―1.3 Include in the report required by this condition, the required data elements

contained within the form in < insert s ection of emission inventory form > or those contained in Table 2A of Appendix A to Subpart A of 40 CFR 51 Appendix A adopted by reference in 18 AAC 50.040, for each stack

associated with an emission unit

. and :

a. For each stack associated with an emissi on unit, include the following

information: (i) The EU ID number associated with the stack, stack type, stack height, stack diameter, exit gas temperature, exit gas velocity, actual exit gas flow rate, latitude, longitude, accuracy, and datum.‖

Basis: 1) The first revision is important because 40 CFR 51 Appendix A is not the same as Appendix A to Subpart A of 40 CFR 51. (40 CFR 51 Appendix A is currently reserved for future use.)

2) The second revision is proposed to simplify the condition. The s triked out language of SPC XV.1.3a is repetitive as these items are listed on the form referenced by SPC XV.1.3 and in Table 2A of 40 CFR 51 Appendix A.

3) See also our comment 66).G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 76 of 79 Response AOGA

- 62 : The department agrees with AOGA‘s recommended revis ions. The language in Standard Permit Condition XV 1.3 will be revised to correct reference to Appendix A of Subpart A of Part 51 and to simplify the language of the condition.

Comment AOGA

- 63 : 63) Revise the citation found at the conclusion of SPC XV to refer to ―Appendix A to Subpart A of 40 CFR 51‖ instead of ―40 CFR 51 Appendix A‖. See basis #1 of comment 62).

Response AOGA

- 63 : See Response AOGA

- 62.

Comment AOGA

- 64 : 64) Revise the Legal Basis in the Statement of Basis for SPC XV to clarify the statement as

follows: ―This condition requires the Permittee to submit emissions data for to the State...‖

Response AOGA

- 64 : The department a gree s with this comment . The department will revise to clarify the legal

basis in the Statement of Basis for Standard Permit Condition XV.

Comment AOGA

- 65 : 65) Revise the 2nd paragraph of the Factual Basis in the Statement of Basis for SPC XV as follows: ―To ensure...Title V stationary sources classified as Type A in Table 1 of Appendix A to Subpart A of 40 CFR 51 Appendix A Table 1 are required to submit with each annual report all the data elements required for the Type B source triennial reports (see also Table 2A of Appendix A to Subpart A of 40 CFR Part 51). All Type A

sources are also classifie d as Type B sources. However the department has

streamlined this the reporting requirements so Type A sources only need to submit

one a single type of report every third year instead of both an annual report and a separate triennial report every third year

.

Basis: 1) See basis #1 to comment 62).

2) Also, we have provided corrections to the text regarding the stated intent of the required reporting for Type A sources.

Response AOGA

- 65 : The department agrees with AOGA‘s recommended revisions. The language in Standard Permit Condition XV will be revised to correct reference to Appendix A of Subpart A of Part 51 and to simplify the language of the condition.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 77 of 79 Response AOGA

- 59

—

AOGA

- 65 : Rev ised Regulations

— The discussed and agreed to changes have been made to Standard Permit Conditions XV

– Emission Inventory Reporting.

Comment s AOGA

- 66

—AOGA

- 68 ( Standard Permit Condition XVI

– Emission Inventory Reporting Form ) :

Comment AOGA

- 66: 66) Delete SPC XVI and 18 AAC 50.346(9)

.

Basis: See the basis to our comment 59).

If, through legal review, the Department can document an adequate legal basis for including SPC XV as a Title V permit condition, then we request that the Department

addr ess comments 67) through 68), below, before adopting this SPC into regulation.

Response AOGA

- 66 : See response to Comment 59. The department will address comments 67) through 68), below, before ado pting this SPC into regulation.

Comment AOGA

- 6 7 : 67) We have found that there are a number of differences between the requirements of Table 2a of Appendix A to Subpart A of 40 CFR 51, dated July 1, 2009, and the ―ADEC Reporting Form‖ found in this SPC. See, for example, our comment 68). Since SPC

XV.1.3 re quires that Permittees report the required elements in the ADEC Reporting

Form or those contained in Table 2a of Appendix A to 40 CFR 51 Subpart A, we request that the form be made consistent with whatever version of Table 2a that the Department

wants Perm ittees to use for reporting purposes. See also our comment 59). If the Department intends to periodically change the version of 40 CFR 51 that is adopted by reference in the regulations, perhaps it would be best not to create an ―ADEC version‖ of

a form that contains the reporting requirements that will have to be monitored with each new adoption date of the regulations and potentially revised to maintain consistency with the required reporting elements. Instead, for information that the Department would like to ask Permittees to include in the reports that is not listed in Table 2a of Appendix A to 40 CFR 51 Subpart A (e.g., ADEC Stationary Source ID, etc.), the Department might consider revising SPC XV.1.3 to include list of additional ―Alaska

- specific‖ items that are to be reported in addition to those required under 40 CFR 51.30(a) and (b), assuming the list of additional items is not too cumbersome for a permit condition.

Response AOGA

- 67: The department recognizes the need to ensure that the requir ed elements in the ADEC Reporting Form or those contained in Table 2a of Appendix A to Subpart A of 40 CFR 51 be

made consistent the version of Table 2a that the d epartment wants Permittees to use forG: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 78 of 79 reporting purposes. Table 2a of Appendix A to Subpar t A of 40 CFR 51 has reporting requirements for annual and triennial reporting for point sources that meet specific pollutant thresholds. To ensure that the department‘s electronic system reports collect the information required by both Type A and Type B point sources as defined in Table 1 of Appendix A to 40 CFR 51, the department has streamlined the differing reporting requirements between Type A and Type B sources into one combined report. Type A sources are a subset of the Type B sources; Type A sourc es will be required to submit one report every third year instead of both an annual report and triennial report. Type B sources are included in the annual reporting cycling to ensure point sources are maintaining and collecting the data required and to in crease the efficiency of data collection efforts.

Comment AOGA

- 6 8 : 68) Revise the 3rd page of the Emission Inventory Reporting Form as follows:

Basis: 1) The requirement of Table 2a of Appendix A to Subpart A of 40 CFR 51 (dated July 1, 2009) is to report the Method Accuracy Description (MAD) Codes as defined in 40 CFR 51.50, not the ―accuracy in meters‖.

2) The ―datum‖ is not required by 40 CFR 51 , but is part of the MAD code. Refer to the definition of the Method Accuracy Description code found in 40 CFR 51.50, dated July 1, 2009.

Response AOGA

- 68 : The department recognizes that Table 2A of Appendix A to Subpart 51 cites only the requirement fo r Method, Accuracy, Description (MAD) codes. Method accuracy description (MAD) codes include a set of six different elements used to define the accuracy of latitude/longitude data for point sources, and include codes for the measure of accuracy (in

meters ) of the latitude/longitude coordinates as well as the Horizontal Reference Datum Code.

To ensure that the elements required for data reporting of point source information is met, the department will retain the separate reporting line for the stack unit Latitude /Longitude, Horizontal Reference Datum Code, Horizontal Accuracy Measure, and Horizontal Collection

Method Code.

Response AOGA

- 66

— AOGA

- 68 : Revised Regulations

— No changes will be made to the regulations as a result of these comments. Stack Description:

<...>

Location Description: Accuracy (m): Method Accuracy Description (MAD) Codes (as defined in 40 CFR 51.50)

Datum:G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Documents for Regulation Adoption \ AdoptionUpdates.FY10.RTC.9

- 23

- 10.docx 79 of 79 Additional Revision s :

The proposed changes to the following subsections have been eliminated due to the renumbering of proposed 18 AAC 50.508(b) to 18 AAC 50.510:

o 18 AAC 50.311(b)(1(C)(i)

o 18 AAC 50.400(e)

o 18 AAC 50.400(k)

o 18 AAC 50.403(7)

o 18 AAC 50.410(f)

o 18 AAC 50.540(j)

o 18 AAC 50.542(d)(1)(D)

o 18 AAC 50.542(f)(7)

o 18 AAC 50.542(f)(8)

o 18 AAC 50.542(f)(9)

o 18 AAC 50.544(g)

o 18 AAC 50.544(h)

o 18 AAC 50.544(i)

An Editor‘s note has been added to 18 AAC 50.990 to address a printing error in 40 C.F.R. 51.166(b)(49).

A rev ision to 18 AAC 50.215(a) which proposed to adopt by reference an update to the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program has been deleted from this package . The updated adoption by refe rence was completed in an additional regulations revision that was public noticed after this package. The revised adoption by reference update was included in the regulations package that w as adopted by the department on August 20, 2010. The Department o f Law review of the regulations revisions is underway

, and the package will go into effect before these proposed revisions . Therefore the proposed revision to 18 AAC 50.215(a) is no longer a part of this regulation rulemaking package.

### Additional Information :

18 AAC 50 2010 Adoption Updates Explanations

Standard Permit Condition I

– Emission Fees ; Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346

, April 1

, 2002 ; R evised September 27, 2010

Standard Permit Conditio n II

– Air Pollution Prohibited; Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC

50.346 ; April 1, 2002 ; R evised September 27, 2010

Standard Permit Condition III

– Excess Emissions and Permit Deviation Reports Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346 ; August 25, 2004 ; Revised September 27, 2010

Standard Permit Condition IV

– Notification Form Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346 ; April 1, 2002 ; Revised September 27, 2010

Standard Operating Permit Condition V

– Insignificant Emission Units ; Permit Condition for Air Quality Permits ; Adopted by Reference in 18

AAC 50.346 ; April 1, 2002 ; R evised September 27, 2010

Standard Operating Permit Condition VII

– Operating Reports Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC

50.346 ; August 25, 2004 ; Revised September 27, 2010

Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units Permit Condition for Air Quality Permits ; Adopted by Reference in 18

AAC 50.346 ; August 25, 2004 ; Revised September 27, 2010

Standard Operating Permit Condition X

– Reasonabl e Precautions to Prevent Fugitive Dust ; Permit Condition for Air Quality Permits ; Adopted by Reference in 18 AAC 50.346 ; April 1, 2002; Revised September 27, 2010

### Standard Permit Condition XV

– Emission Inventory Reporting ;

Permit Condition for Air Qualit y Permits ; Adopted by Reference in 18

AAC 50.346 ; September 27, 2010

Standard Permit Condition XVI

– Emission Inventory Reporting Form ; Permit Condition for Air Quality Permits ; Adopted by Reference in 18

AAC 50.346 ; September 27, 2010G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Public Notice

Documents \ AdoptionUpdatesFY10.Explanation.6

- 9

- 10.docx 1 of 5

18 AAC 50 2010 Adoption Updates Explanations

Staff Proposed Changes for Adoption Updates Regulations Rulemaking 2010

Formatting comment:

Section that proposed changes
Affected section of regulations
Proposed regulation language change
Reason for change

Proposed Changes to 18 AAC 50

NPMS Prog ram 18 AAC 50.015(b)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Adding Fairbanks and North Pole PM2.5 nonattainment designation to regulations

.

Title V and Title I

, regular updates to adoption by reference dates

18 AAC 50.035(b), 18 AAC 50.040 Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Update adoption by reference dates , incorporation of additional Subparts of the C.F.R.

o The updates include some significant changes for PSD , NSPS, and NESHAPs. Rules
being adopted or updated inc lude , among others :

 N ational E mission S tandard s for Hazardous Air Pollutants for reciprocating
internal combustion engines,

 New Source Performance S tandards for coal preparation and processing plants

,

 t he Greenhouse Gas Tailoring Rule

,

 PM 2.5 Significant Emission Rate,

 N ational E mission S tandards for Hazardous Air Pollutants for source categories:
gasoline distribution bulk terminals, bulk plants, and pipeline facilities; and
gasoline dispensing facilities

,

 New Source Performance Standards for hospital/medical/infectious waste
incinerators, and

 the Title V Flexible Air Permitting Rule.

Title I

18 AAC 50.055(a)(9)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Clarification of language concerning visible emissions

.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Public Notice

Documents \ AdoptionUpdatesFY10.Explanation.6

- 9

- 10.docx 2 of 5 Title I

18 AAC 50.215
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

doc ument

Addition of new subsection (f) to clarify modeling requirements

.

Title I

18 AAC 50.302
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Addition of new subsection (c) to include language to clarify interface between Title I and Title V
permits.

Title I

18 AAC 50.306(b)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Addition of new subparagraphs to clarify applicable definitions and new paragraphs to clarify
adoption dates of federal rules

. This subsection is being repealed and readopted to address these
changes.

Title V

18 AAC 50.346
Proposed standard condition language change

— see revised Standard Condition and attached 18
AAC 50 Adoption Update s Regs document

Revisions to Standard Condition I to clarify that emission estimated must be submitted by a given
date, not received by said date.

Title V

18 AAC 50.346
Proposed standard condition language change

— see revised Standard Condition and attache d 18
AAC 50 Adoption Updates Regs document
Change of language on Standard Condition II, Term 2 to correct cross reference terms.

Title V

18 AAC 50.346
Proposed standard condition language change

— see revised Standard Condition and attached 18
AAC 50 Adopti on Updates Regs document

Revisions to Standard Condition III to clarify that reports can be submitted on

- line or by hard
copy and to clarify differences between excess emission and emissions deviations.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Public Notice

Documents \ AdoptionUpdatesFY10.Explanation.6

- 9

- 10.docx 3 of 5 Title V

18 AAC 50.346
Proposed standard condition language change

— see revised Standard Condition and attached 18
AAC 50 Adoption Updates Regs document

Revisions to Standard Condition I V to correct the website address for on

- line report submission.

Title V

18 AAC 50.346
Proposed standard condition langua ge change

— see revised Standard Condition and attached 18
AAC 50 Adoption Updates Regs document

Revisions to Standard Condition V to clarify standard conditions language for emissions from
insignificant sources.

Title V

18 AAC 50.346
Proposed standard cond ition language change

— see revised Standard Condition and attached 18
AAC 50 Adoption Updates Regs document

Revisions to Standard Condition VII to clarify reporting period requirements to ensure continuity
across permit transition periods.

Title V

18 AAC 5 0.346
Proposed standard condition language change

— see revised Standard Condition and attached 18
AAC 50 Adoption Updates Regs document

Revisions to Standard Condition IX to clarify requirements for first Method 9 observation for

sources.

Title V

18 AAC 50. 346
Proposed new standard condition and submittal form

— see new Standard Condition , submittal

form, and attached 18 AAC 50 Adoption Updates Regs document

New Standard Condition XV to develop a standard condition for emission inventory reporting

and new S tandard Condition XVI to provide a standardized reporting form.

Title I

18 AAC 50.502(b)(6)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Update to definition of Port of Anchorage by cross

- reference to definition in 18 AAC 50.990.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Public Notice

Documents \ AdoptionUpdatesFY10.Explanation.6

- 9

- 10.docx 4 of 5 Title I

18 AAC 50.502(c)(1)(E) , (c)(3)(A)(iv), (c)(3)(B)(iv)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Clarification that regulation applies only to carbon monoxide nonattainment areas

.

Title I

18 AAC 50.508 (5) (now 3) and add ne w subsection (b)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Clarify ORL language and addi tio n of Title I/Title V interface language

. This subsection is being
repealed and readopted to address these changes.

Title I

18 AAC 50.540(c)(2)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Cross

- reference clarifi cation

.

Title I

18 AAC 50.540(c)(2)(B)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Add language allowing the Department flexibility in requiring ambient analysis for sulfur

dioxide.

Title I

18 AAC 50.540(k)(3)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Add language to clarify required elements of an application to revise or rescind a Title I permit.

Title I

18 AAC 50.542(a)(1)
Proposed regulation lang uage change

— see attached 18 AAC 50 Adoption Updates Regs

document

To exclude additional areas from fast

- track option because the historic data for Anchorage, Fort
Wainwright and Eielson indicates that the assumptions used to develop the fast

- track thresho lds
may be invalid for one or more pollutants

.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs 2010 \ Public Notice

Documents \ AdoptionUpdatesFY10.Explanation.6

- 9

- 10.docx 5 of 5 Title I

18 AAC 50.544(a)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
To clarify that applicants always have the ability to request limits to protect ambient a ir in their
minor permit application.

Title I

18 AAC 50.544(h)(3)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
To clarify that applicants always have the ability to request limits to protect ambient air in their
minor permit application.

Title I

18 AAC 50.990(101)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document
Correct typo in definition

Title I

18 AAC 50.990(121)
Proposed regulation language change

— see attached 1 8 AAC 50 Adoption Updates Regs

document
Update adoption by reference date for revised definition of VOC

.

Title I

18 AAC 50. 311(b)(1)(C)(i), 400(e), 400(k), 403(7), 410(f), 540(j), 542(d)(1)(D), 542(f)(7),
542(f)(8), 542(f)(9), 544(g), 544(h), 544(i)
Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Correct cross

- references to repealed and readopted 18 AAC 50.508

.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Permit Condition I

– Emission Fees

Permit Co ndition for Air Quality Permits

Adopted by Reference in 18 AAC 50.346

April 1, 2002

REVISED September 27, 2010Standard Permit Condition I

– Emission Fees 1 April 1, 2002

Revised September 27, 2010 2 

## Standard Permit Condition I

– Emission Fees

Stationary Source Categories This Condition Applies to: All stationary s ource types. Standard permit condition I does not apply if the stationary source does not have a potential to emit an assessable amount of any air pollutant

.

The department will use standard permit condition I in any construction permit or operating permit unless the department determines that the emission unit or stationary source s pecific conditions more adequately meet the requirements of 18 AAC 50.

Circumstances where emission unit or stationary source specific conditions more adequately meet 18 AAC 50 include:

1. if there is a stationary source specific reason that some other submission date for projected actual emissions is more appropriate; the submission date must still allow the department to review the calculations and complete billing before July 1.

Permit Wording:

1. Assessable Emissions. The permittee shall pay to t he department annual emission fees

based on the stationary source’s assessable emissions as determined by the department

under 18 AAC 50.410. The assessable emission fee rate is set out in 18 AAC 50.410. The department will assess fees per ton of each ai r pollutant that the stationary source emits or has the potential to emit in quantities greater than 10 tons per year. The quantity for which

fees will be assessed is the lesser of

1.1 the stationary source’s assessable potential to emit of _____tpy; or

1.2 the stationary source’s projected annual rate of emissions that will occur from July 1 to the following June 30, based upon actual annual emissions emitted during the most recent calendar year or another 12 month period approved in writing by the department, when demonstrated by

a. an enforceable test method described in 18 AAC 50.220;

b. material balance calculations;

c. emission factors from EPA’s publication AP

- 42, Vol. I, adopted by reference in 18 AAC 50.035; or

d. other methods and calculations approved by the department.

2. Assessable Emissions Estimates. Emission fees will be assessed as follows:Standard Permit Condition I

– Emission Fees 1 April 1, 2002

Revised September 27, 2010 3 2.1 no lat er than March 31 of each year, the permittee may submit an estimate of the stationary source’s assessable emissions to ADEC, Air Permits Program, ATTN:

Assessable Emissions Estimate

, 410 Willoughby Ave, Ste 303, P.O. 111800 Juneau, Alaska 99811

- 1800 ; th e submittal must include all of the assumptions and

calculations used to estimate the assessable emissions in sufficient detail so the department can verify the estimates; or

2.2 if no estimate is submitted on or before March 31 of each year, emission fees for the next fiscal year will be based on the potential to emit set out in condition I.1.1.

The following applies to this standard permit condition:

1 Condition I.1.1 must show the total potential to emit o f all pollutants emitted in assessable amounts. Listing the potential to emit of each poll utant separately is optional.

2 Assessable emissions include any air pollutant as identified in the applicable portions of 18 AAC 50.410, whether or not there is a lim it in the permit for that air pollutant

. 3 Assessable emissions do not double count any emissions. For example, benzene, which is a VOC, is not counted a second time because it is a hazardous air pollutant.

4 For non

- major stationary sources that only need a permit because they have an emission unit subject to EPA's Nat ional Emission Standards for Hazardous Air Pollutants or New Source Performance Standards only the emissions from the emission unit subject to the emission

standards are counted as assessable emissions.

## DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Standard Permit Condition II

– Air Pollution Prohibited

Permit Condition for Air Quality Permits

Adopted by Reference in 18 AAC 50.346

April 1, 2002

REVISED September 27, 2010Standard Permit Condition II

– Air Pollution Prohibited I I August 25, 2004

Revised September 27, 2010 2 

## Standard Permit Condition II

– Air Pollution Prohibited

Stationary Source Categories This Condition Applies to: All stationary source types.

The department will use standard permit condition II in any construction or operating permit unless the departmen t determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Permit Wording:

1. Air Pollution Prohibited. No person may permit any emission which is injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of life or property. [18 AAC 50.110]

2. Monitoring, Record Keeping, and Reporting for Condition II.1

2.1 If emissions present a potential threat to human health or safety, the permittee shall report any such emissions according to condition < insert cross reference to standard permit condition III

- excess emissions and permit deviation reports >.

2.2 As soon as practicable after becoming aware of a complaint that is attributable to emissions from

the stationary source , the permittee shall investigate the complaint to identify emissions that the permittee believes have caused or are causing a violation of condition II.1.

2.3 The permittee shall initiate and complete corrective action necessary to eliminate any violation identified by a complaint or investigation as soon as practicable if

a. after an investigation because of a complaint or other reason, the per mittee believes that

emissions from the stationary source have caused or are causing a violation of condition II.1;

or

b. the department notifies the permittee that it has found a violation of condition II.1.

2.4 The permittee shall keep records of

a. the date, ti me, and nature of all emissions complaints received;

b. the name of the person or persons that complained, if known;

c. a summary of any investigation, including reasons the permittee does or does not believe the

emissions have caused a vi olation of condition II. 1. ; andStandard Permit Condition II

– Air Pollution Prohibited I I August 25, 2004

Revised September 27, 2010 3

d. any corrective actions taken or planned for complaints attributable to emissions from the stationary source

.

2.5 With each stationary source operating report under < insert cross reference to standard permit

condition VII

- operating reports > , the permittee shall include a brief summary report which must

include

a. the number of complaints received;

b. the number of times the permittee or the department found corrective action necessary;

c. the number of times action was taken on a complaint within 24 hours;

d. and the status of corrective actions the permittee or department found necessary that were

not taken within 24 hours.

2.6 The permittee shall notify the department of a complaint that is attributable to emissions from the stationary source within 24 h ours after receiving the complaint, unless the permittee has initiated corrective action within 24 hours of receiving the complaint.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Permit Condition III

– Excess Emissions and

Permit Deviation Reports

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised September 27, 2010Standard Permit Condition III

– Excess Emissions an d Permit Deviation Reports August 25, 2004

Revised September 27, 2010 2 

## Standard Permit Condition III

– Excess Emissions and Permit Deviation Reports

Stationary Source Categories This Condition a pplies to: All stationary source types.

The department will use standard permit condition III in each construction or operating

per mit unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Permit Wording:

1. Excess Emissions and Permit Deviation Reports.

1.1 Except as provided in condition < insert standard condition concerning air pollution prohibited number >, the permittee shall report all emissions or operations that exceed or deviate from the requirements of this permit as

follows:

a. in accordance with 18 AAC 50.240(c), as soon as possible after t he event commences or is discovered, report

(i) emissions that present a potential threat to human health or safety;

and

(ii) excess emissions that the permittee believes to be unavoidable;

b. in accordance with 18 AAC 50.235(a), within two working days after

the e vent commenced or was discovered, report an unavoidable emergency, malfunction, or nonroutine repair that causes emissions in excess of a technology based emission standard;

c. report all other excess emissions and permit deviations

(i) within 30 days after the end of the month during which the

emissions or deviation occurred , except as provided in condition III.1.1c( [iii] ); or

(ii) if a continuous or recurring excess emissions is not corrected within 48 hours of discovery, within 72 hours of discovery unless

th e department provides written permission to report under condition III.1.1c(i); and

(iii) for failure to monitor, as required in other applicable conditions of this permit < such as SPC IX5.2.b and SPC IX11.1.b>

.Standard Permit Condition III

– Excess Emissions an d Permit Deviation Reports August 25, 2004

Revised September 27, 2010 3 1.2 When reporting either excess emissions or permit deviations , the permittee

shall [ MUST ] report using either the department’s on

- line form, which can

be found at http://www.dec.state.ak.us/air/ap/site.htm or https://myalaska.state.ak.us/dec/air/airtoolsweb/ , or, if the permittee prefers,

the form contained in condition < insert standard permit condition concerning notification form number > of this permit. The permittee must provide all information called for by the form that is used.

1.3 If requested by the department, the permittee shall provide a more detailed written report as requested to follow up on an excess emissions report.

The following applies to this standard permit condition:

1. The permit will include condition III.1.1c(iii) only if the permit also contains

another condition which has a n emission unit specific schedule for reporting the

failure to monitor emissions.

2. Construction permits will not include the phrase “and permit d eviations” in condition III.1.1c, but where necessary will use stationary source specific conditions for reporting failure to test or monitor.Standard Permit Condition III

– Excess Emissions an d Permit Deviation Reports August 25, 2004

Revised September 27, 2010 4

STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Condition are cited in Operating Permit

No. < Insert Operating Permit Number >.

Condition < insert condition reference >, Excess Emission and Permit Deviation Reports

Applicability: Applies when the emissions or operations deviate from the requirements of the permit.

Factual Basis: This condition satisfies two state regulations related to excess

emissions

- the technology

- based emission standard regulation and the excess emission regulation. Although there are some differences between the regulations,

the condition satisfies the re quirements of each regulation.

The Department adopted this condition as Standard Permit Condition III under 18 AAC 50.346(c) pursuant to AS 46.14.010(e). T he Department has determined that the standard condition adequately meet s the requirements of 40 C.F .R. 71.6(a)(3). No additional emission unit or stationary source operational or compliance factors

indicate the unit

- specific or stationary

- source

- specific conditions would better meet the requirements. Therefore, the Department concludes that the standa rd conditions as modified meets the requirements of 40 C.F.R. 71.6(a)(3).

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Permit Condition IV

– Notification Form

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

April 1, 2002

REVISED September 27, 2010Standard Permit Condition IV

– Notification Form April 1, 2002

Revised September 27, 2010 2



## ADEC Notification Form

Excess Emissions and Permit Deviation Reporting State of Alaska Department of Environmental Conservation

Division of Air Quality

______________________________________________________ ________________________ Stationary Source ( Facility ) Name Air Quality Permit Number

_____________________________________________ Company Name

When did you discover the Excess Emissions/Permit Deviation?

Date: / / Time: : When did the event/deviation? Begin: Date: / / Time: : (please use 24hr clock)

End: Date: / / Time: : (please use 24hr clock)

What w as the duration of the event/deviation: : (hrs:min) or days (total # of hrs, min, or days, if intermittent then include only the duration of the actual emissions/deviation)

Reason for notification: (please check only 1 box and go to the corresponding section) Excess Emissions Complete Section 1 and Certify Deviation from Permit Conditions Complete Section 2 and Certify Deviation from COBC, CO, or Settlement Agreement Complete Section 2 and Certify



### Section 1 . Excess Emissions
(a) Was the exceedance Intermittent or Continuous

(b) Cause of Event (Check one that applies) : Start Up/Shut Down Natural Cause (weather/earthquake/flood) Control Equipment Failure Scheduled Maintenance/Equipment Adjustments Bad fuel/coal/gas Upset Condition Other

(c) Description 

### Describe briefly what happened and the cause. Include the parameters/operating conditions exceeded, limits, monitoring data and

exceedance.

(d) Emission Units Involved: Identify the emission units involved in the event, using the same identification number and name as in the permit . Identify each emission standard potentially exceeded during the event and the

exceedance.

Unit ID Emission Unit Name Permit Condition Exceeded/Limit/Potential

Exceedance

(e) Type of Incident (please check only one):Standard Permit Condition IV

– Notification Form April 1, 2002

Revised September 27, 2010 3 Opacity % Venting (gas/scf) Control Equipment Down Fugitive Emi ssions Emission Limit Exceeded Record Keeping Failure Marine Vessel Opacity Flaring Other:

(f) Unavoidable Emissions: Do you intend to assert that these excess emissions w ere unavoidable? YES NO Do you intend to assert the affirmative defense of 18 AAC 50.235? YES NO

Certify Report ( go to end of form )Standard Permit Condition IV

– Notification Form April 1, 2002

Revised September 27, 2010 4 

### Section 2 . Permit Deviations
(a) Permit Deviation Type (check one only) (check boxes correspond with sections in permit) Source Specific Failure to monitor/report General Source Test/Monitoring Requirements Recordkeeping/Reporting/Compliance Certification

Standard Conditions Not Included in Permit Generally Applicable Requirements Reporting/Monitoring for Diesel Engines Insignificant Source Facility Wide

Other Section: (title of sect ion and section # of your permit)

(b) Emission Units Involved: Identify the emission units involved in the event, using the same identification number and name as in the permit . List the corresponding Permit condition and the deviation.

Unit ID Emission Unit Name Permit Condition /Potential Deviation

(c) Description of Potential Devi ation: 

### Describe briefly what happened and the cause. Include the parameters/operating conditions and the potential deviation

.

(d) Corrective Actions: Describe actions taken to correct the deviation or potential deviation and to prevent future

recurrence.

Certification: Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete.

Printed Name:

______________________________ Title

_____________________ Date

______

Signature:

_________________________________ Phone number

_______________________Standard Permit Condition IV

– Notification Form April 1, 2002

Revised September 27, 2010 5 

### NOTE: This document must be certified in accordance with 18 AAC 50.345(j)



### To Submit this report :

1. Fax this form to: 907

- 451

- 2187

Or

2. E

- mail to : DEC.AQ.airreports@alaska.gov if faxed or e

- mailed,

Or

3. Mail to: ADEC

Air Permits Program 610 University Avenue Fairbanks, AK 99709

- 3643

Or

4. Phone notifications: 907

- 451

- 5173

. Phone notifications require written follow up report

.

Or

5. S ubmi ssion of information contained in this report can be made electronically at the following website:

https://myalaska.state.ak.us/dec/air/airtoolsweb/

if submitted online, report must be submitted by an authorized E

- Signer for the Stationary

Source.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Operating Permit Condition V

– Insignificant Emission Units

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

April 1, 2002

REVISED September 27, 2010Standard Operating Permit Condition V

– Insignificant Sources August 25, 2004

Revised September 27, 2010 2 Standard Operating Permit Condition V

– Insignificant Emission Units

Emission Unit Categories This Condition Applies to:

Emission Units

1. that are insignificant as defined in 18 AAC 50.326(d)

- (i);

2. that do not have control equipment for complying with an emissions standard or reducing emissions below a threshold in 18 AAC 50.326(e); and

3. for which the department has not included monitoring, record keeping, or reporting in another condition of the per mit to ensure compliance with an emission standa rd other

than 18 AAC 50.110.

Standard permit condition V will be used in any operating permit unless the Department determines that emission unit or stationary source specific conditions more adequately mee t the requirements of 18 AAC 50.

Permit Wording:

1. For EU ID(s) < include emission unit identification for any insignificant emission units listed in the permit that qualify for this condition > listed in Table A and for emission units at the stationary source that are insignificant as defined in 18 AAC 50.326(d)

- (i) that are not listed in this permit, the following apply:

1.1 The Permittee shall not cause or allow visible emissions, excluding condensed water vapor, emitted from an industrial process or fuel

- burning equipment, or an incinerator to reduce visibility through the exhaust effluent by more than 20 percent averaged over any six consecutive minutes.
[18 AAC 50.050(a) & 50.055(a)(1)]

1.2 The Permittee shall not cause or allow particulate matter emitted f rom an industrial process or fuel

- burning equipment to exceed 0.05 grains per cubic foot of exhaust gas corrected to standard conditions and averaged over three hours.
[18 AAC 50.055(b)(1)]

1.3 The Permittee shall not cause or allow sulfur compound emissions, expressed as SO2, from an industrial process or fuel

- burning equipment, to exceed 500 ppm averaged over

three hours.
[18 AAC 50.055(c)]

1.4 General MR&R for Insignificant Emission Units

a. The Permittee shall submit the compliance certifications of Condition < in sert reference to compliance certifications condition > based on reasonable inquiry [ FOR CONDITION V.1] ; b. The Permittee shall comply with the requirements of Condition < insert cross reference to Air Pollution Prohibited permit condition >;

c. The Permittee shall report in the operating report required by Condition < insert cross reference to Operating Reports standard permit condition > if an emission

unit has historically been classified as insignificant because of actual emissionsStandard Operating Permit Condition V

– Insignificant Sources August 25, 2004

Revised September 27, 2010 3

less than the thresholds of 18 A AC 50.326(e) and current actual emissions become greater than any of those thresholds; and

d. No other monitoring, recordkeeping or reporting is required, except as provided in

Conditions < refer to condition(s) that state the MR&R required for EU(s) subject

to operating limits >. [18 AAC 50.346(b)(4)]

The following apply to this standard permit condition:

1. Standard permit condition V will be used with conditions that reiterate the emission standards of 18 AAC 50.055 as they apply to insignificant sources ( see Conditions

V. 1.1

- 1.3 )

.Standard Operating Permit Condition V

– Insignificant Sources August 25, 2004

Revised September 27, 2010 4

STATEMENT OF BASIS FOR INSIGNIFICANT EMISSION UNITS

Condition < insert Condition number> , Insignificant Emission Units

Legal Basis: The Permittee is required to meet state emission standards set out in 18

AAC 50.050 and 18 AAC 50.055 for all industria l processes fuel

- burning equipment, and incinerators regardless of size.

Factual Basis: The conditions re

- iterate the emission standards and require compliance for insignificant emission units. The Permittee may not cause or allow their equipment to viol ate these standards. Insignificant emission units are not listed in the permit unless specific monitoring, recordkeeping and reporting are necessary to ensure compliance.

( Optional text ) The Department finds that the insignificant units at this stationar y source do not require specific monitoring, recordkeeping and reporting to ensure compliance

under these conditions.

( Optional text ) Condition V1.4(a) requires certification that the units did not exceed state emission standards during the previous year and did not emit any prohibited air pollution. For EU ID(s) < >, as long as they do not exceed the operational limits of their hours of operation as stated in Condition < refer to condition(s) that state pertinent operational

limits > , they are considered insignificant emission units and no monitoring is required in accordance with Department Policy and Procedure No. AWQ 04.02.103, Topic # 3,

10/8/04 for small emission units subject to operating limits

.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Operating Permit Condition VII

– Operating Reports

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised September 27, 2010Standard Operating Permit Condition VII

– Operating Reports A ugust 20, 2008

Revised September 27, 2010 2 

### Standard Operating Permit Condition VII

– Operating Reports

Stationary Source Categories This Condition Applies to: All stationary source types.

The department will use standard permit condition VII in any operating permit unless the department determine s that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Circumstances where emission unit or stationary source specific conditions more adequately meet 18 AAC 50 include:

1. reports are needed more frequently than twice a year;

2. activity of the emission unit is seasonal, and different semi

- annual periods better fit the facility’s operation.

Permit Wording:

1. Operating Reports. During the life of this permit 1 , the permittee shall submit an original and one copy of an operating report by August 1 for the period January 1 to June 30 of the current year and by February 1 for the period July 1 to December 31 of the previous year < or a revised (e.g. quarterly ) schedule may be implemented at the request of the applicant >

.

1.1 The operating report must include all information required to be in operating reports by other conditions of this permit

, for the period covered by the
report

.

1.2 When excess emissions or perm it deviations that occurred during the reporting period are not included with the operating report under condition VII.1.1, the permittee shall identify

a. the date of the deviation;

b. the equipment involved;

c. the permit condition affected;

d. a description of the excess emissions or permit deviation; and

e. any corrective action or preventive measures taken and the date (s) o f such actions; or

1.3 when excess emissions or permit deviations have already been reported under

condition < insert standard permit condition concerning excess emissions and permit deviation reports number >, the permittee shall cite the date or dates of those reports.

1 “Life of this permit” is defined as the permit effective dates, including any periods of reporting obligations that extend beyond the permit effective dates. For example if a permit expires prior to the end of a calendar year, there is still a reporting obligation to provide operating repor ts for the periods when the permit was in effect.Standard Operating Permit Condition VII

– Operating Reports A ugust 20, 2008

Revised September 27, 2010 3 1.4 The operating report must include

, for the period covered by the report

, a listing of emissions monitored under condition(s) < in sert applicable condition number(s) from this permit > which trigger additional testing or monitoring, whether or not the emissions monitored exceed an emission

standard. The permittee shall include in the report

a. the date of the emissions;

b. the equipment involved;

c. the permit condition affected; and

d. the monitoring result which triggered the additional monitoring.

1.5 Transition from expired to renewed permit. For the first period of this renewed operating permit, also provide the previous permit’s [FACILITY ] operating report elements covering that partial period immediately preceding the effective date of this renewed permit.

The following applies to this standard permit condition:

1. The permit will include condition VII.1. 4 only if there are monitoring requ irements that could trigger additional monitoring or testing.

2. The reporting schedule may be modified to allow for quarterly reporting as a permittee

- specific condition.

3. Condition VII.1.5 should not be used for initial Title V permits.Standard Operating Permit Condition VII

– Operating Reports A ugust 20, 2008

Revised September 27, 2010 4

STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Condition are cited in Operating Permit

No. < Insert Operating Permit Number >.

Condition <insert Condition reference> , Operating Reports

Applicability: Applies to all permits.

Factual Basis: The condition restates the requirements for reports listed in regulation. The condition supplements the specific reporting requirements elsewhere in the permit. The reports themselves provide monitoring for compliance with this

condition.

< Include the following paragraph in the Statement of Basis for renewal Title V permits only. > For renewal permits, the condition specifies that for the transition periods between an expiring permit and a renewal permit the permittee shall ensure

that the re is dat e

- to

- date continuity between the expired permit and the renewal permit such that the permittee reports against the permit terms and conditions of the permit that was in effect during those partial date periods of the transition. No format is specified. T he permittee may provide one report accounting for each permit term or condition and the effective permit at that time. Alternatively, the permittee may chose to provide two reports

– one accounting for reporting elements of permit terms

and conditions fr om the end date of the previous operating report until the date of expiration of the old permit, and a second operating report accounting for reporting

elements of terms and conditions in effect from the effective date of the renewal permit until the end o f the reporting period.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units and Flares

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised September 27, 2010Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 2 Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Emission Units

Emission Unit or Stationary Source Categories This Condition Appl ies to:

Conditions IX.1

– IX.4 for visible emissions apply to liquid

- fired emission units subject to the opacity standard of 18 AAC 50.055(a)(1).

Conditions IX.5

– IX.8 apply to diesel engines and liquid

- fired turbines subject to

18 AAC 50.055(b)(1).

St andard permit condition IX does not apply to emission units that are insignificant under

18 AAC 50.326(d)

- (i), which could include standby emission units

.

The department will use s tandard p ermit c ondition IX in any operating permit unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50.

Circumstances where emission unit or stationary source specific conditions more adequately meet 18 AAC 50 include:

1. if the department finds that particulate matter and opacity emissions data available for the

emission unit or for the equipment make and mod el is sufficient to demonstrate that there is a different relationship between opacity and particulate matter than that used as the basis for standard permit condition IX;

2. emission unit specific conditions are requested for conditions IX.5

- IX.8 for turbi nes with very wide stacks;

3. the department determines that a different frequency of visible emissions monitoring is necessary to assure compliance because of the characteristics of the emission unit ; 4. the department determines that, to assure that a n emissio n unit complies with the applicable standard, visible emissions monitoring is necessary during a particular phase of operation.

Permit Wording:Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 3 

### Section 1. State Requirements

Visible Emissions Standards

1. Industrial Process and Fuel

- Burning Equipment Visible Emission s . The Permittee shall not cause or allow visible emissions, excluding condensed water vapor, emitted from EU ID(s) < insert EU ID numbers > listed in Table < insert Table of Emission Unit s designation > to reduce visibility through the exhaust effluent by m ore than 20 percent averaged over any six consecutive minutes.

[18 AAC 50.040(j); 50.326(j); and 50.055(a)(1)] [40 C.F.R. 71.6(a)(1)]

1.1 For EU ID(s) < insert EU ID numbers >, monitor, record, and report in accordance

with Conditions 3

- 5

.

1.2 For EU ID(s) < insert EU ID numbers >, burn only gas as fuel. Monitoring for these emission unit(s) shall consist of a statement in each operating report under Condition

< insert Operating Rep ort condition number > whether each of these emission unit(s) fired only gas during the period covered by the report . Report under Condition

< refer to excess emission/permit deviations condition number > if any fuel is burned other than gas.

1.3 For each of EU ID(s) < insert EU ID numbers >, as long as the emission unit do es not exceed the limits in Condition(s) < insert number(s) of Condition(s) that state EU(s) operating limits >, monitoring shall consist of an annual compliance certification

under Condition < ref

er to Annual Compliance Certification condition number > with

the visible emissions standard

.

1.4 For EU ID(s) < insert EU ID numbers >, use only gas as primary fuel. Monitoring for these emission unit(s) shall consist of a statement in each operating report re quired in

Condition < insert Operating Report condition number > indicating whether each of these emission unit(s) fired gas as the primary fuel during the period covered by this

report . If operat ion on a back

- up liquid fuel occurred during the period cover ed by the report , the Permittee shall monitor, record, and report according to Condition 15

.

1.5 For EU ID(s) < insert EU ID numbers >, monitor, record, and report in accordance

with Condition 6

. [18 AAC 50.040(j); 50.326(j) and 50.346(c)] [40 C.F.R. 71.6(a)(3)]

2. Incinerator Visible Emissions. The Permittee shall not cause or allow visible emissions, excluding condensed water vapor, through the exhaust of EU ID(s) < insert EU ID

number s >, to reduce visibility by more than 20 percent averaged over any six consecutive

minutes. [18 AAC 50.040(j); 50.326(j); and 50.050(a)] [40 C.F.R. 71.6(a)(1)]Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 4 2.1 (Use Stationary Source

- specific VE MR&R for incinerators.)
[18 AAC 50.040(j) and 50.326(j)(4) ] [40 C.F.R. 71.6(a)(3) & (c)(6)]

Visible Emissions Monitoring, Recordkeeping, and Reporting

Liquid Fuel

-

fired Emission Units (EU IDs <insert EU ID numbers>)

3. Visible Emissions Monitoring. When required by any of conditions 1.1 through 1.3, or in the event of replacement during the permit term, the Permittee shall observe the exhaust of EU ID(s) < insert EU ID numbers > for visible emissions using either the Method 9 Plan

under Condition 3.1 or the Smoke/No

- Smoke Plan under Condition 3.2 . The Permittee may change visible

- emissions plans for an emission unit at any time unless prohibited from doing so by Condition 3.3

. The Permi ttee may, for each unit, elect to continue the visible emissions monitoring schedule in effect from the previous permit at the time a renewal permit is issued, if applicable.
[18 AAC 50.040(j); 50.326(j) and 50.346(c)] [40 C.F.R. 71.6(a)(3)(i)]

3.1 Method 9 P lan. For all 18

- minute observations in this plan, observe exhaust, following 40 C.F.R. 60, Appendix A

- 4, Method 9, adopted by reference in 18 AAC 50.040(a), for 18 minutes to obtain 72 consecutive 15

- second opacity observations.

a. First Method 9 Observation. Except as provided in Condition 3.4, for EU ID(s) < insert EU ID numbers >, observe exhaust for 18 minutes within six months after the issue date of this permit. For any unit, observe exhaust for 18 minutes within 14 calendar days after changi ng from the Smoke/No

- Smoke

Plan of Condition 3.2

.

(i) For any units replaced during the term of this permit, observe exhaust for

18 minutes within 30 days of startup.

(ii) For each existing emission unit that exceeds the operational threshold in

Condition IX. 1.3 , observe the exhaust for 18 minutes of operations within 30 days after the calendar month during which that threshold has been exceeded, or within 30 days of the unit’s next scheduled operations,

whichever is later.

b. Monthly Method 9 Observations. After the first Method 9 observation, perform 18

- minute observations at least once in each calendar month that an emission unit operates.

c. Semiannual Method 9 Observations. After observing emissions for three consecutive operating months under Condition 3.1a(i) , unless a six

- minute average is greater than 15 percent and one or more observations are greater

than 20 percent, perform 18

- minute observations :Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 5

(i) within six months after the preceding observation; or

(ii) for an emission unit with intermittent operations, during the next scheduled operation immediately following six months after the preceding

observation

.

d. Annual Method 9 Observations. After at least two semiannual 18

- minute observations, unless a six

- minute average is greater than 15 percent and one or more individual observations are greater than 20 percent, perform 18

- minute

observations :

(i) Within twelve months after the pre ceding observation ; or

(ii) For an emission unit with intermittent o perations, during the next scheduled operation immediately following twelve months after the preceding observation.

e. Increased Method 9 Frequency. If a six

- minute average opacity is observed during the most recent set of observations to be greater than 15 percent and one or more observations are greater than 20 percent, then increase or maintain the

18

- minute observation frequency for that emission unit to at least monthly

intervals as described in Condition 3.1b , until the criteria in Condition 3.1c for semiannual monitoring are met.

3.2 Smoke/No Smoke Plan. Observe the exhaust for the presence or absence of visible emissions, excluding condensed water vapor.

a. Initial Monitoring Frequency

. Observe the exhaust during each calendar day that an emission unit operates.

b. Reduced Monitoring Frequency . After the emission unit has been observed on 30 consecutive operating days, if the emission unit operated without visible

smoke in the exhaust fo r those 30 days, then observe emissions at least once in every calendar month that an emission unit operates.

c. Smoke Observed . If smoke is observed, either begin the Method 9 Plan of

Condition 3.1 or perform the corrective action required under Condition 3.3

.

3.3 Corrective Actions Based on Smoke/ No Smoke Observations. If visible emissions are present in the exhaust during an observation performed under the

Smoke/No Smoke Plan of Condition 3.2 , then the Permittee shall either follow the Method 9 plan of Condition 3.1 or

a. initiate actions to eliminate smoke from the emission unit within 24 hours of the observation;Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 6

b. keep a written record of the starting date, the completion date, and a description of the actions taken to reduce smoke; and

c. after completing the actions required under Condition 3.3a

,

(i) take Smoke/No Smoke observations in accordance with Condition 3.2

.

(A) at least once per day for the next seven operating days and until the initial 30 day observation period is completed; and

(B) continue as described in Condition 3.2b ; or

(ii) if the actions taken under Condition 3.3a do not eliminate the smoke, or if subsequent smoke is observed under the schedule of Condition 3.3c(i)(A)

, then observe the exhaust using the Method 9 Plan unless the dep artment gives written approval to resume observations under the Smoke/No Smoke Plan; after observing smoke and making observat ions under the Method 9 Plan, the Permittee may at any time take corrective action that eliminates

smoke and restart the Smoke/No Smoke Plan under Condition 3.2a

.

4. Visible Emissions Recordkeeping. When required by any of conditions 1.1 through 1.4,

or in the event of replacement of any EU ID(s) < insert EU ID numbers > during the permit

term, t he Permittee shall keep records as follows: [18 AAC 50.040(j); 50.326(j) and 50.346(c)] [40 C.F.R. 71.6(a)(3)(ii)]

4.1 If using the Method 9 Plan of Condition 3.1

,

a. the observer shall record :

(i) the name of the stationary source, emission unit and location, emission

unit type, observer's name and affiliation, and the date on the Visible

Emissions Field Data Sheet in < insert Visible Emissions Field Data Sheet

Section number >;

(ii) the time, estimated distance to the emissions location, sun location, approximate wind direction, estimated wind speed, description of the sky Condition (presence and color of clouds), plume background, and operating rate (load or fuel consumption rate or best estimate if unknown) on the sheet at the time opacity observations are initiated and complet ed;

(iii) the presence or absence of an attached or detached plume and the approximate distance from the emissions outlet to the point in the plume at which the observations are made;Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 7

(iv) opacity observations to the nearest five percent at 15

- second intervals on

t he Visible Emissions Observation in Section < insert Visible Emissions

Section number >, and

(v) the minimum number of observations required by the permit; each momentary observation recorded shall be deemed to represent the average opacity of emissions for a 1 5

- second period

.

b. To determine the six

- minute average opacity, divide the observations recorded on the record sheet into sets of 24 consecutive observations; sets need not be consecutive in time and in no case shall two sets overlap; for each set of 24

obs ervations, calculate the average by summing the opacity of the 24 observations and dividing this sum by 24; record the average opacity on the

sheet

.

c. Calculate and record the highest 6

- minute and 18

- consecutive

- minute averages

observed.

4.2 If using the Smoke /No Smoke Plan of Condition 3.2 , record the following information in a written log for each observation and submit copies of the recorded information upon request of the department:

a. the date and time of the observation;

b. from Table < insert Table of Emission Unit s designation >, the ID of the emission unit observed;

c. whether visible emissions are present or absent in the exhaust;

d. a description of the background to the exhaust during the observation;

e. if the emission unit st arts operation on the day of the observation, the startup time of the emission unit;

f. name and title of the person making the observation; and

g. operating rate (load or fuel consumption rate).

5. Visible Emissions Reporting. When required by any of condition s 1.1 through 1.4, or in the event of replacement of any EU ID(s) < insert EU ID numbers > during the permit term,

t he Permittee shall report visible emissions as follows: [18 AAC 50.040(j); 50.326(j) and 50.346(c)] [40 C.F.R. 71.6(a)(3)(iii)]

5.1 include in ea ch operating report required under Condition < insert Operating Reports

condition number >:Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 8

a. which visible

- emissions plan of Condition 3 was used for each emission unit; if more than one plan was used, give the time periods covered by each plan;

b. for each emission unit under the Method 9 Plan,

(i) copies of the observation results (i.e. opacity observations) for each

emission unit that used the Method 9 Plan, except for the observations the Permittee has already supplied to the department; and

(ii) a summary to include:

(A) number of days observations were made;

(B) highest six

- minute average observed; and

(C) dates when one or more observed six

- minute av erages were greater than 20 percent;

c. for each emission unit under the Smoke/No Smoke Plan, the number of days that Smoke/No Smoke observations were made and which days, if any, that smoke was observed; and

d. a summary of any monitoring or record keeping re quired under Conditions 3

and 3.3c(ii) that was not done;

5.2 report under Condition < inse r t Excess Emissions and Permit Deviations condition

number >:

a. the results of Method 9 observations that exceed an average 20 percent for any

six

- minute period; and

b. if any monitoring under Condition 3 was not performed when required, report within three days of the date the monitoring was required.

Flares, EU ID(s) <insert flare/EU ID numbers>

6. Visible Emissions Monitoring, Recordkeeping, and Reporting. The Permittee shall observe one daylight flare event 1 within 12 months of the preceding flare event

observation. If no event exceeds 1 hour within that 12

- month period, then the Permittee

shall observe the next daylight flare event.

6.1 Monitor flare events using Method 9.

6.2 Record the following information for observed events:

1 F or purposes of this permit, a “ flare event ” is flaring of gas for greater than one hour as a result of scheduled release operatio ns, i.e. maintenance or well testing activities. It does not include non

- scheduled release operations, i.e. process upsets, emergency flaring, or de

- minimis venting of gas incidental to normal operations.Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 9

a. the flare(s) EU ID number;

b. results of the Method

- 9 observations;

c. reason(s) for flaring;

d. date, beginning and ending time of event; and

e. volume of gas flared.

6.3 Monitoring of a flare event may be postponed for safety or weather reasons, or because a qualified observer is not available. If monitoring of a flare event is postponed for any of the reasons described in this condition, the Permittee shall

include in the next operating report required by Condition < insert Operating Reports

condition number > an explanation of the reason the eve nt was not monitored.

6.4 Attach copies of the records required by Condition 6.2 with the operating report required by Condition < insert Operating Repor ts condition number > for the period covered by the report

.

6.5 Report under Condition < insert Excess Emissions and Permit Deviations condition

number > whenever the opacity standard in Condition 1 is exceeded.
[18 AAC 50.040(j) and 50.326(j)(4)] [40 C.F.R. 71.6(a)(3) & (c)(6)]

Particulate Matter Emissions Standards

7. Industrial Process and Fuel

- Burning Equipment Particulate Matter. The Permittee shall not cause or allow particulate matter emitted from EU ID(s) < insert EU ID numbers > listed in Table < insert reference to Table of Emission Units> to exceed 0.05 grains per cubic foot of exhaust gas corrected to standard conditions and avera ged over three hours. [18 AAC 50.040(j); 50.326(j); and 50.055(b)(1)] [40 C.F.R. 71.6(a)(1)]

7.1 For EU ID(s) < insert EU ID numbers >, monitor, record and report in accordance

with Conditions 9

- 11

.

7.2 For EU ID(s) < insert EU ID numbers > , burn only gas as fuel. Monitoring for these emission unit(s) shall consist of a statement in each operating report under Condition

< insert Operating Reports condition number > whether each of these emission unit(s) fired only gas during the period covere d by the report . Report under Condition

< insert Excess Emissions and Permit Deviations Reports condition number > if any fuel other than gas is burned.

7.3 For each of EU ID(s) < insert EU ID numbers >, as long as each emission unit does

not exceed the limits i n Condition < insert number of condition that states emission unit(s) operating limits >, monitoring shall consist of an annual complianceStandard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 10

certification under Condition < insert Annual Compliance Certification condition

number > with the particulate matter sta ndard.

7.4 For EU ID(s) < insert EU ID numbers >, the Permittee must annually certify compliance under Condition < insert Annual Compliance Certification condition

number > with the particulate matter standard.

7.5 For EU ID(s) < insert EU ID numbers >, use gas as pri mary fuel. Monitoring for these emission unit(s) shall consist of a statement in each operating report required in

Condition < insert Operating Reports condition number > whether each of these emission unit(s) fired gas as the primary fuel during the perio d covered by the

report . If operati on on a back

- up liquid fuel occurred during the period covered by the report , the Permittee shall monitor, record and report according to Condition

< insert VE & PM MR&R for Dual Fuel

- Fired Sources condition number >

. [18 AAC 50.040(j); 50.326(j) and 50.346(c)]

[40 C.F.R. 71.6(a)(3)]

8. Incinerator Particulate Matter Emissions. Particulate matter emissions from EU ID(s)

< insert EU ID numbers > may not exceed the particulate matter standard, as listed in Table

A : [18 AAC 50.040(j); 50.326(j) and 50.050(b)] [40 C.F.R. 71.6(a)(1)]

Table A

- Particulate Matter Standards for Incin erators

Incinerator Rated Capacity Particulate Matter Standard

Less than 1000 lbs./hr No Limits EU ID(s) < insert EU ID numbers >: Greater than or equal to 1000 lbs./hr but less than 2000

lbs./hr 0.15 grains/cubic foot of exhaust gas corrected to 12 percent
CO 2 and standard Conditions, averaged over three hours

EU ID(s) < insert EU ID numbers >: Greater than or equal to 2000 lbs./hr 0.08 grains/cubic foot of exhaust gas corrected to 12 percent

CO 2 and standard Conditions, averaged over three hours

EU ID(s) < insert EU ID numbers >: Burns waste containing more than 10 percent wastewater treatment plant sludge by dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 0.65 grams per kilogram of dry sludge input

8.1 (Use Stationary Source

- specific PM MR&R for incinerators.)

[18 AAC 50.040(j) and 50.326(j)(4)] [40 C.F.R. 71.6(a)(3) and 71.6(c)(6)]

PM Monitoring, Recordkeeping and Reporting

Liquid Fuel

-

f ired Emission Units (EU IDs <insert EU ID numbers>)

9. Particulate Matte r Monitoring for Diesel Engines and Liquid

- Fired Turbines. The Permittee shall conduct source tests on diesel engines and liquid

- fired turbines, < identify

emission units >, to determine the concentration of particulate matter (PM) in the exhaust of

an emis sion unit as follows:Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 11 [18 AAC 50.040(j); 50.326(j) and 50.346(c)] [40 C.F.R. 71.6(a)(3)(i)]

9.1 Except as allowed under Condition 9.4, within six months of exceeding the criteria

of Conditions 9.2a or 9.2b , either

a. conduct a PM source test according to requirements set out in < insert Standard

Source Test Section number >; or

b. make repairs so that emissions no longer exceed the criteria of Condition 9.2 ; to show that emission s are below those criteria, observe emissions as described

in Condition 3.1 under load conditions comparable to those when the criteria

were exceed ed.

9.2 Conduct the test according to Condition 9.1 if

a. 18 consecutive minutes of Method 9 observations result in an 18

- minute average opacity greater than 20 percent; or

b. for an emission unit with an exhaust stack diameter that is less than 18 inches,

18 consecutive minutes of Method 9 observations result in an 18

- minute average opacity that is greater than 15 percent and not more than 20 percent,

unles s the department has waived this requirement in writing.

9.3 During each one

- hour PM source test run, observe the exhaust for 60 minutes in accordance with Method 9 and calculate the average opacity measured during each

one

- hour test run. Submit a copy of t hese observations with the source test report.

9.4 The automatic PM source test requirements in Conditions 9.1 and 9.2 are waived for

an emissions unit if a PM source test on that unit has shown co mpliance with the PM standard during this permit term.

10. Particulate Matter Record Keeping for Diesel Engines and Liquid

- Fired Turbines. Within 180 calendar days after the effective date of this permit, the Permittee shall record

the exhaust stack diamete r(s) of EU ID(s) < list EU ID numbers from the <insert Table of

Emission Unit s designation> in the permit >. Report the stack diameter(s) in the next operating report under Condition < insert Operating Reports condition number >

. [18 AAC 50.040(j); 50.326(j) and 50.346(c)]

[40 C.F.R. 71.6(a)(3)(ii)]

11. Particulate Matter Reporting for Diesel Engines and Liquid

- Fired Turbines. The Permittee shall report as follows:
[18 AAC 50.040(j); 50.326(j) and 50.346(c)] [40 C.F.R. 71.6(a)(3)(iii)]

11.1 report under Condition < insert Excess Emissions and Permit Deviations condition

number >:

a. the results of any PM source test that exceeds the PM emissions limit; orStandard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 12

b. if one of the criteria of Condition 9.2 was exceeded and the Permittee did not comply with either Condition 9.1a or 9.1b , this must be reported by the day following the day compliance with Condition 9.1 was required;

11.2 report observations in excess of the threshold of Condition 9.2b within 30 days of the end of the month in which the observations occur;

11.3 in each operating report under Condition < insert Operating Report condition

number >, include

a. the dates, EU ID(s), and results when an obser ved 18

- minute average was greater than an applicable threshold in Condition 9.2 ;

b. a summary of the results of any PM testing under Condition 9 ; and

c. copies of any visible emissions observation results (opacity observations) greater than the thresholds of Condition 9.2 , if they were not already

submitted.

For Liquid

- Fired Boilers and Heaters

12. Particulate Matter Monitoring for Liquid Fuel

- Fired Boilers and Heaters

. The

Permittee shall conduct source tests on EU ID(s) < insert EU ID numbers > to determine the concentration of PM in the exhaust of EU ID(s) < insert EU ID numbers > as follows: [18 AAC 50.040(j) and 50.326(j)(4)] [40 C.F.R. 71.6(a)(3)(i) and 71.6(c)(6)]

12.1 Except as allowed under Condition 12.3, conduct a PM source test according to the requirements set out in < insert Standard Source Test Section > no later than 90 calendar days after any time corrective maintenance fails to eliminate visible emissions greate r than the 20 percent opacity threshold for two or more 18

- minute

observations in a consecutive six

- month period.

12.2 During each one

- hour PM source test run, observe the exhaust for 60 minutes in accordance with Method 9 and calculate the average opacity mea sured during each

one

- hour test run. Submit a copy of these observations with the source test report.

12.3 The PM source test requirement in Condition 12 .1 is waived for an emission unit if:

a. a PM source test on that unit has shown compliance with the PM standard during this permit term , or

b. take corrective action and conduct two 18

- minute visible emissions

observations in a consecutive six

- month period to show that the excess visible

emissions described in Condition 12.1 no longer occur.Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 13 13. Particulate Matter Recordkeeping for Liquid Fuel

- Fired Boi lers and Heaters

. The Permittee shall keep records of the results of any PM testi ng and visible emissions

observations conducted under Condition 12

. [18 AAC 50.040(j) and 50.326(j)(4)] [40 C.F.R. 71.6(a)(3)(ii) and 71.6(c)(6)]

14. Particulate Matter Reporting. The Permittee shall report as follows: [18 AAC 50.040(j) and 50.326(j)(4)] [40 C.F.R. 71.6(a)(3)(iii) and 71.6(c)(6)]

14.1 In each operating report required by Condition < insert Operating Report condition

number >, include for the period covered by the report:

a. the dates, EU ID(s), and results when an 18

- minute opacity observation was greater than the applicable threshold criterion in Condition 12.1

.

b. a summary of the results of any PM testing and visible emissions observations

conducted under Condition 12

.

14.2 Report as excess emissions, in accordanc e with Condition < insert Excess Emissions

and Permit Deviations condition number >, any time the results of a source test for

PM exceeds the PM emission limit stated in Condition 7

.

VE & PM MR&R for Dual Fuel

- Fired Emission Units , EU ID(s) <insert EU ID numbers>

15. The Permittee shall monitor, record and report the monthly hours of operation when operating on a back

- up l iquid fuel.

15.1 For any of EU ID(s) < insert EU ID numbers > that does not exceed 400 hours of operations per calendar year on a back

- up liquid fuel, monitoring of compliance for visible emissions and particulate matter is not required for that emission unit a nd

m onitoring shall consist of an annual certification under Condition < insert Annual Compliance Certification condition number >

.

15.2 For any of EU IDs < insert EU ID numbers > , notify the Department and begin monitoring the affected emission unit according to Condition 15.3 no later than 15 days after the end of a calendar month in which the cumulative hours of operation for the calendar year exceed any multiple of 400 hours on a back

- up liquid fuel. If the

obse rvation exceeds the limit in Condition 1, monitor as described in Condition 9 or 12, as applicable by the type of emission unit. If the observation does not exceed the limit in Condition 1, no additional monitoring is required until the cumulative hours

o f operation exceed each subsequent multiple of 400 hours on back

- up liquid fuel during a calendar year 2

.

2 If the requirement to monitor is triggered more than once in a calendar month, only one Method

- 9 observation is required to be conducted by the stated deadline for that month.Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 14 15.3 When required to do so by Condition 15.2

, observe the exhaust, following 40 C.F.R. 60, Appendix A

- 4 Method 9 (adopted by reference in 18 AAC 50.040(a), for 18

- minutes to obtain 72 consecutive 15

- second opacity observations.

15.4 Keep records and report in accordance with Conditions < edit list as applic able > 4, 5, 10, 11, 13 and/or 14 as applicable.

15.5 Report under Condition < insert Excess Emissions and Permit Deviations condition

number > if the Permittee fails to comply with Condition s 15.2

, 15.3 or 15.4

. [18 AAC 50.040(j) and 50.326(j)(4)] [40 C.F.R. 71.6(a)(3) and 71.6(c)(6)]Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 15 REASON FOR THE STANDARD PERMIT CONDITION CHANGES:

Condition 3.1a was modified to account for an emission unit’s status change. If the unit is replaced, the permittee will need to conduct an initial observation within 30 days after replacement to ensure the replacement unit can meet the emission standard. Further, if an emission unit status changes from insignificant to one requiring periodic monitoring, reco rd keeping and reporting, then the permittee would conduct the initial observation within a reasonable period of operations.

Conditions 3.1(c) and (d) were changed to allow greater flexibility and reduce periodic monitoring. First, periodic monitoring ca n be conducted at any time within the six

- month or twelve months following the latest observation rather than to be limited within a three month block (ie. 4

- 7 months or 11

- 13 months for semi

- annual and annual surveillance frequency respectively). If a Pe rmittee conducts an emission unit surveillance at any time, that surveillance

can re

- set the date for which the next periodic surveillance is due.

Further to accommodate intermittently operated emission units such as emergency units or stand

by units, the next surveillance due date will be upon the next scheduled operations after the deadline, such as for readiness testing of such units.

Condition 4.1 was modified to allow for estimating operational parameters for an emission unit that the permittee does not measure and record those parameters.

Condition 6.1 was modified to allow the permittee to conduct visible emission surveillance of scheduled flare events within 12 months of the last observation or during the next scheduled flare

event. This provide s added flexibility to stationary source permittees equipped with such devices

to schedule certified staff to observed scheduled events. Further the revised text allows the permittee to reset the due date whenever the permittee chooses to conduct surveill ance on the

flare. Finally, the revised text provides the permittee an opportunity to conduct the following observation upon the next scheduled event if no one

- hour event occurs within twelve months

.

STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The sta te and federal regulations for each Condition are cited in Operating Permit No.

< Insert Operating Permit Number >. Conditions 1 and 3

- 5

, 6 , & 15 Visible Emissions Standard and MR&R

Legal Basis: These conditions ensure compliance with the applicable requirements in 18 AAC 50.050(a) and 18 AAC 50.055(a).

18 AAC 50.055(a) applies to the operation of fuel

- burning equipment and industrial processes. EU IDs < > are fuel

- burning equipment or industrial processes.

18 AAC 50. 050 (a) applies to the operation of incinerators. EU IDs < > are

incinerators. U.S. EPA incorporated these standards as revised in 2002 into the State Implementation Plan effective September 13, 2007.Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 16 Factual B asis: Condition 1 prohibits the Permittee from causing or allowing visible emissions in excess of 18 AAC 50.055(a)(1). Condition 2 prohibits the Permittee from caus ing or allowing visible emissions in excess of 18 AAC 50.050(a).

MR&R requirements are listed in Conditions 3 through 5

, 6 , and 15 of the permit.

These conditions have been adopted into regulation as Standard Conditions.

The Permittee must establish by actual visual observations that can be supplemented by other means, such as a defined Stationary Source Operation and Maintenance Program that the stationary source is in continuous compliance with the State's emission standards for visible emissions and particulate matter.

These conditions detail a stepwise process for monitoring compliance with the State's visible emissions and particulate matter standards for liquid and gas fired emission units . Equipment types covered by these conditions are internal combustion engines, turbines, heaters, boilers, and

flares. Initial monitorin g frequency schedules are established along with subsequent reductions or increases in frequency depending on the results of the self

- monitoring program.

Reasonable action thresholds are established in these conditions that require the Permittee to

prog ressively address potential visible emission problems from emission units either through maintenance programs and/or more rigorous tests that will quantify whether a specific emission

standard has been exceeded.

Condition 6 was developed to provide a standardized version of flare monitoring that is not dependent upon the type or design of upstream equipment. It has been claimed that gas

- fired flares normally burn without emitting visible emissions, but actual field data demonstrating this assumption is not available. However, gas

- fired flares have been shown to smoke when a control device, i.e. a knockout drum, flare scr ubber, gas or steam assist, or vapor recovery system malfunctions. Thus, the Condition sets out a protocol to collect actual field data to determine compliance with the 20 percent opacity standard for flares.

Gas Fired: Monitoring

– The monitoring of ga s fired emission units for visible emissions is waived, i.e. no source testing will be required. The department has found that natural gas fired equipment inherently has negligible PM emissions. However, the department can request a source test for

PM em issions from any smoking equipment.

Reporting

– The Permittee must state in each operating report whether only gas was fired in the emission unit for the period covered by the report.

Liquid Fired: Monitoring

– The visible emissions may be observed by ei ther Method 9 or the Smoke/No Smoke plans as detailed in Condition 3 . Corrective actions such as maintenance procedures and either more frequent or less frequent testing may be required depending on the results of the

observations.Standard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 17 Recordkeeping

- The Permittee is required to record the results of all visible emission observations and record any actions taken to reduce visible emissions.

Reporting

- The Permittee is required to report: 1) emissions in excess of the S tate visible emissions standard and 2) deviations from permit c onditions. The Permittee is required to include copies of the results of all visible emission observations with the operat ing report.

Dual Fuel

- Fired Emission Units : For EU ID(s) < insert EU ID numbers >, as long as they operate only on gas, monitoring consists

of a statement in each operating report to indicate whether only gaseous fuels were used in the equipment during the reporting period . When any of these emission units operates on a backup liquid fuel for more than 400 hours in a calendar year, monitoring as detailed in Condition 15 is required for that emission unit in accordance with department Policy and Procedure No. AWQ 04.02.103, Topic # 2, 10/8/04. When any of these emission units operates on a backup liquid fuel

for less than 400 hours in a calend ar year, monitoring for that emission unit consists of an annual certification of compliance with the opacity standard. The 400

- hour trigger for additional monitoring applies to ea ch individual unit and not as a combined total for all units.

Insignifican t Emission Units : For EU ID(s) < insert EU ID numbers > no visible emissions monitoring is required when these

emission units are insignificant based on actual or potential emissions due to permit Condition(s) < insert Condition numbers > that limit either th eir hours of operation or fuel consumption. As long as the emission units do not exceed these limits, they are insignificant by emissions rate as specified in 18 AAC 50.326(e) and no monitoring is required in accordance with department Policy and Procedur e No. AWQ 04.02.103, Topic # 3, 10/8/04. The Permittee must annually certify compliance under Condition < insert Annual Compliance Certificate

Condition > with the opacity standard.

Flares: Monitoring for flares (EU ID(s) < insert EU ID numbers >) requires Method 9 observations of scheduled flaring events lasting more than one hour. The Permittee must report the results of these observations to the department.

Condition 2 , Incinerator Visible Emissions and MR&R

Legal Basis: This visible emission standard applies to the operation of any incinerator in Alaska, including an air curtain incinerator.

Factual Basis: The Condition requires the Permittee to comply with the visible emission standard applicable to incinerators. The Permittee may not cause or allow the affected

incinerator to violate this standard. The Permittee is required to monitor, record, and report according to Condition 2.1

.

Conditions 7 and 9

- 11

, 12

- 14 , & 15 , Particulate Matter (PM) Standard

Legal Basis: The PM standard applies to opera tion of all fuel

- burning equipment in Alaska. EU ID(s) < insert EU ID numbers > are fuel

- burning equipment. The SIP standard for PM appliesStandard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 18 to all fuel

- burning equipment because it is contained in the federally approved SIP dated October

1983.

Factual Bas is : Condition 7 requires the Permittee to comply with the State PM (also called grain loading) standard applicable to fuel

- burning equipment. The Permittee shall not

cause or allow fuel

- burning equipment to violate this standard.

MR&R requirements are listed in Conditions 9

- 11

, 12

- 14 , and 15 of the permit.

The Permittee must establish by actual visual observations, which may be supplemented by other means, such as a defined Stationary Source Operation and Maintenance Program that the stationary source is in continuous compliance with the State's emission standards for particulate

matter.

These conditions detail a stepwise process for monitoring compliance with the State's particulate matter standards for liquid

- and gas

- fired emission units . Equipment types covered by these conditions are internal combustion engines, turbines, heaters, and boilers. Initial monitoring frequency schedules are established along with subsequent reductions or increases in frequency depending on the results of the self

- monitoring program.

Gas Fired: Monitoring

– The monitoring of gas

- fired emission units for particulate matter is waived, i.e. no source testing will be required. The department has found that natural gas

- fired equipment inherently has negligible PM emissions. H owever, the department can request a source test for PM emissions from any smoking equipment.

Reporting

– The Permittee must state in each operating report whether only gaseous fuels were used in the equipment during the period covered by the report

.

Liq uid Fired: Monitoring

– The Permittee is required to conduct PM source testing if threshold values for opacity are exceeded.

Recordkeeping

- The Permittee is required to record the results of PM source tests.

Reporting

- The Permittee is required to report: 1) incidents when emissions in excess of the opacity threshold values have been observed, 2) and results of PM source tests. The Permittee is required to include copies of the results of all visible emission observa tions with the operating

report.

Dual Fuel

- Fired Emission Units : For EU ID(s) < insert EU ID numbers >, as long as they operate only on gas, monitoring consists

of certification statement in the operating report to indicate whether only gaseous fuels were u sed in the equipment during the period covered by the report . When any of these emission units operates on a backup liquid fuel for more than 400 hours in a calendar year, monitoring as

detailed in Conditions 9 and 12 is required for that emission unit in accordance with department Policy and Proc edure No. AWQ 04.02.103, Topic # 2, 10/8/04. When any of these emission

units operates on a backup liquid fuel for 400 hours or less in a calendar year, monitoring for thatStandard Operating Permit Condition IX

– Visible Emissions and Particulate Matter

Monitoring Plan for Liquid

- Fired Sources August 20. 2008

Revised September 27, 2010 19 source consists of an annual certification of compliance with the particulate matt er standard. The

400

- hour trigger for additional monitoring applies to each individual unit and not as a combined

total for all units.

Insignificant Emission Units : For EU ID(s) < insert EU ID numbers >, no monitoring is required because these emission uni ts are insignificant emission units based on actual or potential emissions. EU ID(s) < insert EU ID

numbers > must not exceed operational hour limit(s) as required by Condition(s) < insert Conditions that apply > . As long as they operate within these limits, they are considered insignificant sources by emissions as specified in 18 AAC 50.326(e) and no monitoring is required in accordance with department Policy and Procedure No. AWQ 04.02.103, Topic # 3,

10/8/04. The Permittee must annually certify compliance under Condition < insert condition reference to Annual Compliance Certification condition number > with the particulate matter

standard.

Flares: Monitoring of gas

- fired flares for particulate matter is waived, i.e. no source testing will be required, because of the difficulty and questionable results these tests produce when applied to flares. The department has recognized this fact by incorporating the waiver in the State Implementation Plan adopted in Novemb er 1984, which has not been federally approved. No recordkeeping or reporting is required.

Condition 8 , Incinerator Particulate Matter Emissions an d MR&R

Legal Basis : The particulate matter emission standards as listed in Table A apply to the operation of an incinerator based on its rated capac ity.

Factual Basis: The Condition requires the Permittee to comply with the particulate matter emission standards applicable to incinerators based on rated capacity. The Permittee may not

cause or allow the affected incinerator to violate this standard.

The Permittee is required to monitor, record, and report according to Condition 8.1 . For incinerators with a rated capacity of less than 1000 pound s per hour, the Permittee is not required to monitor particulate matter because there is no standard set for such incinerators.

## DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Standard Operating Permit Condition X

– Reasonable Precautions to Prevent Fugitive Dust

Permit Condition for Air Quality Permits

Adopted by Reference in 18 AAC 50.346

April 1, 2002

Revised September 27, 2010Standard Operating Permit Condition X

– Fugitive Dust April 1, 2002

Revised September 27, 2010 2 

## Standard Operating Permit Condition X

– Reasonable Precautions to Prevent Fugitive Dust

Emission Units or Stationary Sources : This Condition Applies to: A stationary source containing any of the following: a. coal fired boilers; b. coal handling equipme nt ; c. construction of gravel pads or roads that are part of a permitted stationary source , or other construction that has the potential to generate fugitive dust that reaches ambient air; d. commercial, industrial, municipal solid waste, air curtain, and medical waste incinerators; e. sewage sludge incinerators not using wet methods to handle the ash; f. mines; g. urea manufacturing; h. soil remediation units;

i. dirt or gravel roads under the control of the operator with frequent vehicle traffic; j. other emission units the department finds are likely to generate fugitive dust.

The department will use standard permit condition X in an operating permit for any of the emission units

listed in a.

– j, above, unless the department determines that emission unit or stationary source specific conditions more adequately meet the requirements of 18 AAC 50 or the department determines that the stationary source has no potential to cause fug itive dust problems.

Circumstances where emission unit or stationary source specific conditions more adequately meet 18 AAC 50 include:

1 problems persist after a complaint; or

2 the need for a dust control plan or other specific requirements is foreseeable due to stationary

source specific circumstances.

Permit Wording:

1. A person who causes or permits bulk materials to be handled, transported, or stored, or who engages

in an ind ustrial activity or construction project shall take reasonable precautions to prevent particulate matter from being emitted into the ambient air. (18 AAC 50.045(d))

.

1.1 The permittee shall keep records of:

a. complaints received by the permittee and complaints r eceived by the department and conveyed to the permittee; and

b. any additional precau tions that are taken

(i) to address complaints described in condition X.1.1a or to address the results of department inspections that found potential problems; and

(ii) to prevent future dust problems.Standard Operating Permit Condition X

– Fugitive Dust April 1, 2002

Revised September 27, 2010 3 1.2 The permittee shall report according to condition <insert cross reference to standard permit condition II

- air pollution prohibited>.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Permit Condition XV

– Emission Inventory

Reporting

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

September 27, 2010Standard Permit Condition XV

– Emission Inventory Reporting September 27, 2010

1 

## Standard Permit Condition XV

– Emission Inventory Reporting

Stationary Source Categories This Condition Applies to: All stationary sources defined as point sources in 40 CFR 51.20

.

Permit Wording:

1. Emission Inventory Reporting. The Permittee shall submit to the Department report s of actual emissions, by emission unit, of CO, NH 3 , NO X , PM 10 , PM 2.5 , SO 2 , VOCs and Lead (Pb) (and lead compounds) using the form in Section < insert permit section number > of this permit, as follows:

1.1. E ach year by March 31

, if the stationary source’s potential to emit emissions for the previous calendar year :

a. equal or exceed 250 tons per year (TPY) of NH 3 , PM 10 , PM 2.5 or VOCs ; or

b. equal or exceed 2500 TPY of CO, NO X or SO 2

.

1.2. E very th ird year by March 31 if the stationary source’s potential to emit emissions

for the previous calendar year exceed :

a. 5 tons per year of lead (Pb), 1000 TPY of CO ; or

b. 100 TPY of SO 2 , NH 3 , PM 10 , PM 2.5 , NO X or VOCs.

c. The Permittee shall commence reporti ng in 2012 for the calendar year of 2011

, 2015 for calendar year 2014, etc

.

1.3. Include in the report required by this condition

, the required data elements

contained within the form in < insert section of emission inventory form > or those

contained in Table 2A of Appendix A to Subpart A of 40 CFR 51 ( final rule published in 73 FR 76556 (December 17, 2008) ) for each stack associated with an

emission unit

.

[18 AAC 50.346(b)(8) and18 AAC 50.200 ] [ 40 CFR 51.15

, 51.30(a)(1) & (b)(1) and 40 CFR 51

, Appendix A to Subpart A

, 73 FR 76556 ( 12/17/08 ) ]Standard Permit Condition XV

– Emission Inventory Reporting September 27, 2010

2 STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The State and Federal regulations for each Condition are cited in Operating Permit

No. < Insert Operating Permit Number >.

Condition < insert condition reference >, Emission Inventory Reporting

Legal Basis: This condition requires the Permittee to submit emissions data to the State to satisfy the federal requirement to submit emission inventory data from point
sources as required under 40 CFR 51.321 (6/10/02). It applies to sources defined as point

sources in 40 CFR 51.20. The State must report all data elements in Table 2A of
Appendix A to Subpart A of 40 CFR 51 to EPA ( 73 FR 76556)

.

Factual Basis: The emission inventory data is due to EPA 12 months after the end
of the reporting year (40 CFR 51.30(a)(1) and (b)(1), 12/17/08). A due date of March 31
corresponds with sources reporting actual emissions for assessable emissions purposes and provides the Department sufficient time to enter the data into EPA’s electro nic
reporting system.

The air emissions reporting requirements under 40 CFR Part 51 Subpart A apply to
States; however, States rely on information provided by point sources to meet the
reporting requirements of Part 51 Subpart A. In the past, the departme nt has made
information requests to point sources, to which the point source is obligated to reply
under 18 AAC 50.200. The information requests occur on a routine basis as established
by Part 51 Subpart A and consume significant staff resources. To incr ease governmental
efficiency and reduce costs associated with information requests that occur on a routine
basis, it has been determined that a standard permit condition best fulfills the need to
gather the information needed to satisfy the requirements of Subpart A of 40 CFR 51

.

T o ensure that the Department’s electronic system reports complete information to the
National Emissions Inventory , Title V stationary sources c lassified as Type A in Table 1
of Appendix A to Subpart A of 40 CFR 51 are required to submit with each annual report
all the data elements required for the Type B source triennial reports (see also Table 2A
of Appendix A to Subpart A of 40 CFR Part 51 ). All Type A sources are also classified
as Type B sources. However the department ha s streamlined the reporting requirements
so Type A sources only need to submit a single type of report every year instead of both
an annual report and a separate triennial report every third year

.

## DEPARTMENT OF ENVIRONMENTAL

CONSERVATION

Standard Permit Condition XVI

– Emission Inventory

Reporting Form

Permit Condition for Air Quality Permits Adopted by Reference in 18 AAC 50.346

September 27, 2010Standard Permit Condition XVI

– Emission Inventory Reporting Form September 27, 2010

2 

## ADEC Reporting Form

Emission Inventory Reporting

State of Alaska Department of Environmental Conservation Division of Air Quality 

# Emission Inventory Year

- [ ]

Mandatory information is highlighted.

Inventory start

date:
Inventory end date:
Inventory Type: 

### Facility Information:
ADEC Stationary Source ID: (Stationary Source) Facility

Name :
AFS ID:
Census Area/ Community:
Line of Business (NAICS ):

Contact/Owner Name:

Contact Owner Address:

Contact/Owner Phone

Number: Facility Physical Address:

Lat: Long: Mailing Address :



### Emission Unit:

ID:

Description:

Manufacturer:

Model Number:

Serial Number:

Year of Manufacture: Maximum Nameplate

Capacity:
Design Capacity (BTU/hr): Control Equipment (List

All):

Control Equipment Type(Primary or Secondary):

ID:
Type:

Manufacturer:

Model:

Control Efficiency ( %):Standard Permit Condition XVI

– Emission Inventory Reporting Form September 27, 2010

3 Capture Efficiency ( %):
Total Capture Efficiency ( %):

Pollutants Controlled

-

-

-

-

Processes (List All):

PROCESS:

SCC Code:

Material Processed: Operational Periods:

FUEL INFORMATION
Ash Content (weight %):
Elem. Sulfur Content (weight %): H2S Sulfur Content (ppmv):

Heat Content (MMBtu/1000 gal or MMBtu/MMscf): Heat Input (MMBtu/hr):
Heat Output (MMBtu/hr):

THROUGHPUT

Total Amount:

Summer %:

Fall %:

Winter %:
Spring %:
Days/Week of Operation: Weeks/Year of Operation:
Hours/Day of Operation: Hours/Year of Operation:Standard Permit Condition XVI

– Emission Inventory Reporting Form September 27, 2010

4 EMISSIONS

Pollutant Emission

Factor Emission

Factor

Numerator Emission

Factor

Denominator Emission

Factor

Source Tons

Emitted

CO

NH3

NOX

PM10

- PRI

PM25

- PRI

SO2

VOC

Lead and lead compounds

Stack Description:

Stack Detail:

ID:
Type:

Measurement Units:

Base Elevation:
Stack Height:

Stack Diameter:
Exit Gas Temp:
Exit Gas Velocity:

Actual Exit Gas Flow Rate:

Data Source: Description:

Latitude: Longitude:
Location Description:
Accuracy (m):

Datum:

Certification: Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete.

Printed Name:______________________________Title_____________________Date ______

Signature:_________________________________ Phone number_______________________Standard Permit Condition XVI

– Emission Inventory Reporting Form September 27, 2010

5 

### NOTE: This document must be certified in accordance with 18 AAC 50.345(j)



### To Submit this report :

1. Fax this form to: 907

- 465

- 5129

Or

2. E

- mail to : DEC.AQ.airreports@alaska.gov

Or

3. Mail to: ADEC

Air Permits Program 410 Willoughby Ave., Suite 303

PO Box 111800

Juneau , AK 99801

- 1800

Or

4 . Submission of information can be made via a full electronic batch submittal (XML files)

. This will require each data element to be tagged with XML ( Extensible Markup Language) code before it can be uploaded to ADEC database.

https://myalaska.state.ak.us/dec/air/airtoolsweb/EiXmlValidator.aspx