Craig E. Campbell

Lieutenant Governor

State Capitol

Juneau, Alaska 99811

907.465.3520 465.5400 Fax

WWW.LTGOV.ALASKA.GOV

530 West t h Ave, Suite 1700

Anchorage, Alaska 99501

907.269.7460 269.0263

LT.GOVERNOR@ALASKA.GOV

OFFICE OF THE LIEUTENANT GOVERNOR

ALASKA

MEMORANDUM

TO: Gary Mendivil, AAC Contact

Department of Environmental Conservation

FROM:

DATE:

Scott Clark

Special Assistant

907.465.4081

September 29,2010

RE: Filed Permanent Regulations: Department of Environmental Conservation

State Air Quality Improvement Plan; Air Quality Control: 18 AAC 50.030; 18 AAC

50.215

Attorney General File:

Regulation Filed:

Effective Date:

Print:

JU2010201261

9/29/2010

10/29/2010

196,January 2011

cc with enclosures: Linda Miller, Department of Law

Jim Pound, Administrative Regulation Review Committee

Judy Herndon, LexisNexis
ORDER ADOPTING CHANGES TO REGULATIONS OF

THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The attached two pages of regulations, dealing with air quality control at 18 AAC 50 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 46.03.020, AS 46.14.020,

46.14.030, 46.14.140, and 46.14.510 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.

Although no comments were received, 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: August 20,2010

Juneau, Alaska

Da~~~..L1:-'----"om-m-l-ss-l-on-e-r-----­ Pursuant to delegation by

Larry Hartig, Commissioner

Department of Environmental Conservation

FILING CERTIFICATION

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

~::;~;pieA;V~~)t" 2<1 ,2010, at ...L:.'.-~~YH~., I filed the attached regulations according to the provisions

of AS 44.62.040 - 44.62.120.

E. Campbell, Lieutenant Governor

Register:

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.

...............•....:'~ .

~.L'vy''-" E. CAMPBELL

LIEUTENANT GOVERNOR
Register -t'llbJ~~~jtl:t1V ENVIRONMENTAL CONSERVAnON

The lead-in language of 18 AAC 50.030 is amended to read:

18 AAC

~~50.030. Stat}J~!~"qua!!~ co~~~la3. Volumes II and III ofthe State Air

Quality Control Plan for implementing and enforcing the provisions of AS 46.14 and this

t!n~ chapter, as amended through August 20 ,2010 [NOVEMBER 6,2009], are adopted by

reference. The plan includes the following documents which are also adopted by reference:

...

18 AAC 50.030(4) is amended to read:

(4) the department's Quality Assurance Project Plan (or tlte State o(Alaska Air

(it

r--- Monitoring & Quality Assurance Program[ALASKA QUALITY ASSURANCE MANUAL "'--_....,.,A

/-"---' FOR AMBIENT AIR QUALITY MONITORING], as amended through February 23, '-_/ [.ff.

2010[AUGUST 21,1996];

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; ~------,--_..-

am 1/1/200~Register 152; am 12130/2000hRegister 156; am 9/21/2001, Register 159; am

.1\ l3/~ 1\

1/27/2002, Register 161; amIf"m~, 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, Register 186; am 7/25/2008, Register 187; arrj'

11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010,

Register 193;

Authority: AS 46.03.020

AS 46.14.020

AS 46.14.030

AS 46.14.140

1

Sec. 30, ch. 74, SLA 1993
'Z. 01\

Register l{()iJf8+~- ENVIRONMENTAL CONSERVATION

18 AAC 50.215~~amendedto read:

(1) the department's Quality Assurance Project Plan &r the State o(Alaska Air

Monitoring & Quality Assurance Program [ALASKA QUALITYASSURANCE MANUAL FOR

AMBIENTAIR QUALITY MONITORING], adopted by reference in 18 AAC 50.030 for{:r-~ ~;~--_._--,._---~_._._~.,,---~----_._-~._-_._-----'"----._'", ...,,"'-_...~_.."'--,..,,_._.__.".,,_..-..-" ~total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur

dioxide, Q?;pnepand ammonia;

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

~1..C>Il'l ~5~)fet::.illjJ

7/25/2008, Register 18~> Register A

Authority: AS 46.03.020

AS 46.14.030

AS 46.14.140

AS 46.14.180

2

Sec. 30, ch. 74, SLA 1993


(x) compliance with federal law

( ) compliance with new or changed state statute

compliance with court order

development of program standardsother: (please List)

5, RDU/component affected: Division ofAir Quality.

6. Cost of implementation to the state agency and available funding (in thousands of dollars):

Initial Year SubsequentFY2OIO Years

Operating Cost $0Capital Cost $0

Federal receipts $0

General Rind match $ 0 $ 0General fund $ 0 $ 0

General fund!

program receipts $0

General fund!

mental health $ 0 $ 0

Other funds (specify) $0

7. The name of the contact person for the regulations:

Name: Scott J. Sloane.Title: Environmental Program Specialist.

Address: Division of Air Quality, ADEC, 410 Willoughby Avenue, Suite 303

P.O. Box 111800, Juneau, Alaska 99811-1800.

Telephone: 907-465-5176

E-mail address: scott.sloane alaska.gov

8. The origin of the proposed action:

X staff of state agency

federal governmentgeneral publicpetition for regulation change

X other (please list) Municipality of Anchorage Air Quality Program

9. Date: 0 2?’ ‘/0 Prepared by: .?rf 24”72. ,Ø4na._X___

Name (typed) Scott . ST,aneTitle (typed) Environmental Program Specialist IllTelephone: 465-5176
Affidavit of Publication

RECEIVED

JULO 62010

4DEC AO

United States of America

State of Alaska

First Division

Ad#: ooIg73q5

Ref#:]jo* 3-sisS-’ Legal #: Loct-oqa.

i, ‘Eartaca laWet-, being first duly sworn, oath, depose, and say that I

am the Principle Clerk of the JUNEAU

EMPIRE, a newspaper of general circulation, published in the city of Juneau, State of Alaska; that the

publication was published in said

newspaper on the 24%ay of

__________

20lOandthereafterfor I

ad itional day(s), the last date of

publication being &.s. 3• , 2010.

4.’.

Subscribed and orn to before me this

I dayof 2010.
Q

y 

trol Plan is being amended to adopt the tollowing docu ments by reference:

- Volume I. Section II: Air Quality Control Pt.,.. is being revised to update references to the Municipal ity of Anchorage’s (MOA’s) Vehicle Inspection & Main tenance (IRA) Program wt’ilch is being removed as a primary ca,ton monoxide (GO) control measure follow ing the adoption of this SIP subrnltal aid approval by EPA;

-Volume II, Section lIlA: Statewide Carben Mon

oxIde Control Program Is being revised to update ref

ers noes to MOA’s CO control measures and 1dM Pro

gram. MOA is discontinuing its IN Program arid there- tore removing it as a primary CO control measure with the adoption of this SIP submittal and approval by EPA. The State of Alaska’s commuter 1dM program will be discontinued upon the suspension of the MOA IN Program;

-Volume U, Sectien lii. B: Anchorage flanspesta lIon Control Program is being revised to update MOA’s CO Maintenance Plan witti new data and infor

mation tiemonatraing that MOA wili conlflie to main

tain the CO National Ambient Air Ouality Standards (NAAQS) ttwough tiw year 2023 following the aspen sion of its 1dM Program; to update the Co control and contingency measures that MOA will employ to main tain the CO NPAQS; and establish a mobile source

emission budget to be used in tuture conformity deter miriations of U isportatlon plans aid programs wRit MOA.

-Volume II, Section lll.D2: Eagle RIver PU-b Urn Red Maintenance Plan is being adopted to demon strate compliance with maintaining the coarse pesttai late matter (PM-to) NMOS in Eagle River, Alaska$ -Volume Ill, Appendices to Volume II, is being re vised to include the amended 18 MC 50.030 regula tion; MOA’s 2007 Co emission inventory and 2023 CO enlission projections; MOA’s analysis of probthiMy of complying with the CO NMQS through 2023; end MOWs most recently adopted resolutions and code. -Volume Ill, Appendices to Volume II, is also being revised to adopt by reference the Anchorage Assembly Resolton AR 2010-4 adopting the Eagle River PM-ID Limited Maintenance Plan: the PM1O design values for Eagle River and qualification for Limited Maintenance Plan; the 2007 and 2020 PMIO Emission Inventories

for the Eagle River Umited Maintenance Area; and the Natural Events Action Plan for Windblown Oust Eventsin Anchorage. Alaska.

-Rated Quaftty Assume Pttsa Plan fo, the State of Alaska Air Monitoring S Qualify Asswance Avgram, dated February 23,2010.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying and alternative practical methods of complying with the proposed changes, by submitting written comments to Scott Sloane, Division of Ak Quly, ADEC, 410 Willoughby Avenue, Suite 303, RO. Box 111800, Juneau, Alaska 99611-1600, or by fac simile at: (907) 465-5129. Comments must be received by 5:00p.m. on August 6, 2010. Com ments received alter this date will not be consid ered in final action on these rules.

ment may be submitted at the hearing. The hearing wRi be extended if necessary to accom modate those present before 1:30 pm who dd

not have an opportunity to comment. If you will

not be able to attend the public hearing In per

son please contact Cindy Hell at (907)

269-7579 by five days prior to the hearing to

make arrangements to participate by phone.

The State of Alaska, Department of Environ

mental Conservation complies with TItle II of the

Americans with Disabilities Act of 1990. II you

are a person with a disability who may need a

special accommodation in order to participate In

this pubiic process, please contact Deborah

Pock at (907) 269-0291 or TDD Relay Service l-800-770-SS7SITTY or dIal 711 within 20 days

of publication of this notice to ensure that any

necessary acconinodatioris can be provided.

For a copy of the proposed regulation changes

and SIP documents please refer to this ADEC

webpage i*tpMIwW.deC.state.akus/alr/apkal

coder.hun, or contact Scott Sloane by tele

phone at (907) 465-5176, or by e-mail at fIshaiie@Ala*S.a0Y.

Alter the public coriwnent period ends on August

6, 2010, ADEC will either adopt these or other

previsions 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 dIfferent from that of the proposed regal latlons. You should comment during the time al

lowed if your interests could be affected. Writ

ten comments received are public records arid

are subject to public inspection.

Statutory Authority: AS 46.03.010,

AS 48.03.020, AS 46.14.030, AS 4814.510

Statutes BeIng Implemented, Interpreted,

or Made Specific: AS 46.14.030, AS 4614.510 Fiscal Infonnatloll: The proposed regulation

changes are rick expected to require an increased appropriation.

Dated: June 28th, 2010

Hat ConclasiOn

Publish: June29 and 30, 2010.
33513610 STOflIDI33513610 STOFI1DI

$468.12$468.12$936.24 50.00 $0.00 $0.00 $936.24

STATE OF ALASKATHIRD JUDICIAL DISTRICT

Shane Drew, being first duly sworn on oath deposes and says thathe is an advertising representative of the Anchorage Daily News,a daily newspaper.That said newspaper has been approved by the Third JudicialCourt, Anchorage, Alaska, and it now and has been published in

the English language continually as a daily newspaper in

Anchorage, Alaska, and it is now arid during aU said tune wasprinted in an office maintained at the aforesaid place of

publication of said newspaper. That the annexed is a copy of anadvertisement as it was published in regular issues (and not insupplemental form) of said newspaper on the above dates and

that such newspaper was regularly distributed to its subscribersduring all of said period. That the full amount of the fee chargedfor the foregoing publication is not in excess of the rate chargedprivate individuals.

Signed

Subscribed and sworn to me before this date:

@6.9%’

Notary Public in and for the State of Alaska.Third Division. Anchorage, Alaska

NOI1CE OP PROPOSED CHANGES TO 11IE

RBGUIAflONSOPThE

ALASKa DEPAMMENT OP inWIRONMBNTAL

CONSBRVATION

The Alaska Department Di Environmental Consavetioti (ADEC) proposes to adopt regulation changes in Title ie of the Alaska Administrative Code (MC) Oiapter 50 Air Quality Control. IS MC 50.030 State Air Quality Control Plan is being amendeda

to adopt the following documents by

v.lame Ii, Section II: Mr Quality Central being revIsed to update references to the tclpality of Anchorages (MOAs) vehIcle mspectlon & Maintenance (i/hi) Program which is being r&noved as a prlnin catton monoxide (CO) control measwe following the adoption of this SIP ubTdual arId approyei by PA

Volume II, Section Ifl.A: Statewide Carbea

M.n.xide C.ntrol Prograa is being revised to update references to M0As Co control measures and i/N Program. MOA is discontinuing its t/M Program and therefore removing ft as a prtnary CO control measure with the adoption of this SIP submittal and approval by EPA. The State of Aabs ccqnntutu t/M pr08n

w be thcontlrtied

upon the suspension of the MOA I/hi Program;

velume Ii, Sectloa ill. B: Aitcborage Tnn.portalloa Control Proyam Is being revised to update MOA’s CO MaIntenance Plan wit new data and information demonstrating that MOA will continue to maintain the CO National Ambient

*

Quality Standds (NaAQS) through the year 2023 following the suspension of its i/M Program; to update the CO control and contingency measwes that tA will employ to maintain tile CO NAAOS; acid tsii a n’alie soirce entlssion buet to beused In future conformity determInations of trainpan &Id program wfl MO&

volateil, Section lil.D.t Ble River PM•lO

Undted MaIntenaace Plan is being adopted to demonstrate compliance wIth maintaining thecoarse rticuiate matter WM’lO) NAAQS In Eagle FdV%

Volume ill. Appendices to volume ii, Is being revised to include the amended IS AAC 50.030

regulation; MOA’s 29)7 CO emission Wwentory and 2023 CO emIssion proiectlens; MOAS an&vsis of prltycf.corrcdr€ with the CO NMQS ifrctiØi MOAs most recentj adopted resokrioes

volume in. Appendices to Volume II, Is also being revIsed to adopt by reference the Anchorage Assembly Resolution AR 2010-4 adopting the Eagle River PM-b Limited Maintenance Plan; the PMIO design values for Eagle River and qualification for Limited Maintenancellan; the 2007 and 2020 PM1O Emission Inventories for the Eagle River Limited Maintenance Area; and the Natural Events Action Plan for Windblown Oust Events in Anchorage. Alaska.

Revised Quailty Assurance Prolect Plan for the State of Alaska Air Monitoring & Quality Assurance Program, dated February 23, 210.

You may comment on the proposed regulation changes, including the potential costs to private

persons of complying and alternative practical methods of complying with the proposed changes, by submitting written comments to Scott Sloane, Division of Air Quaiity. ADEC, 410 Wilioughby Avenue, Suite 303, P.O. Sox 111800, Juneau, Alaska 99811-1800, or by facsimile at: (907) 465-5129. Comments must be received by 5:00 p.m. on Aogust 6,2010. Comments received after this date wllrnot be consIdered In final action on these rules.

The Department will hold a public hearing on this proposal on August 2 2010 from 12:30-1:30 pm, at the ADEC 8atew Office 8uildin Conference RoomA, 619 ship Creek Drive. Anchorage, Alaska. Oral or written comment may be submitted at the hearing. The hearing will be extended if necessary to accommodate those present before 1:30 pm who did not have an opportunity to comment, if you will

not be able to attend the public hearing in person, nintn rnntsr’t rinrlv Neil at 10n71 9A0.7S70 by nyc

785963 06//2O10

06/30/2010
UNITED STATES OF AMERICA

STATE OF ALASKA >- SS.

FOURTH DISTRICT

J

NOTICE OF

PROPOSED

CHANGES TO

ThE REGULATIONS

OF ThE

ALASKA

DEPARTMENT OF

ENVIRONMENTAL

CONSERVATION

The Alaska Depart

rnent of ErMronrnen

tal Conservation

(AD€C) Proposes to

adopt regulationchanges In TItle 18 ofthe Alaska Adrnb-ilstratlve Code (AAC)

chapter 50 Ak Quali

ty Control. IS AAC

50.030 State AkQuality Control Planis being sTiended toadopt the following documents by reference:

• Volume II, Section

U: Ak Qusaly Con

trol Program is beIng

revised to update ref

erences to the Munic

panty of Anchoragws

(MONa) VehicleInspection & MaInte

naice (I/IA) ProgramwhIch Is beingremoved as a prfrnamycarbon monoxide

(GO) control measise

following the adop

tion of tills SIP at

mittal and approvalby EPA; • Volume Ii. Section

ULA Statewide Carboa Monoxide Con

trol Program Is being

revised to update ref

erences to MOAs COcontrol moastxes and

I/IA Pro9rain. MOA Is

discontktdng Its I/IA

Program and there

fore rsfnoQfng It as aprimary CO controlmeasure with theadoption of this SIPsubmittal andapproval by EPA.

The State of Alaakss

commuter I/M program will be dlscan0

ilnued upon the sus

pension of the MOAi/IA Program;

Volume II, Section

ill. B: Anchorage

franapottatlon Con- g. troi Program Is being t,

*

revised to update

MONa CO Malnte4nanco Plan wttti new4ata and information

r

demonstrating that

MOA will continue to

maintain the CONational Ambient AirQuality Standards

(NAAOS) through the

year 2023 followingthe suspension of Its

I/M Program; to

update the CO con

trol and contIngency

measures that MOA

will employ to maintain the CO NAAQS;

and establish a

Notary Public in and for the State Alaska.

Before me, the undersigned, a notary public, this day

personally appeared Bnnnte Keanan ,who, being

first duly sworn, according to law, says that he/she is an

Advertising Clerk of the Fairbanks Daily News-Miner, anewspaper Ci) published in newspaper format, (ii)distributed daily more than 50 weeks per year. (iii) witha 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 UnitedStates Postal Service, (v) not published primarily todistribute advertising, and (vi) not intended for aparticular professional or occupational group. Theadvertisement which is attached is a true copy of theadvertisement published in said paper on the followingday(s):

June 29, 2010

June 30, 2010

and that the rate charged thereon israte charged private individuals,discounts.

not excess of the

with the usual

Subscribed and sworn to before me on this fl day

of Ti,nø ,20JQMy commission expires 6// 13
I, Scott J. Sloane, Environmental Program Specialist III for the Department of EnvironmentalConservation, being duly sworn, state the following:

The Department of Environmental Conservation did not receive any factual or other substantive

information that was submitted in writing as public comment and that was relevant to the

accuracy, coverage, or other aspect of the Department of Environmental Conservationregulations on amendments to the State Air Quality Control Plan as adopted by reference in 18

AAC 50.030.

Scott J. S oane, EPS III

SUBSCRIBED AND SWORN TO before me this —

[NOTARY SEAL]

STATE OP ALASKA

OFFICIAL SEAL

Cassidy V. Kearney

NOTARY PUBLIC

My Commission Expires With Office.

day of____________

F

3O1O

áL4 A4

Notary Pubffc iff and for the 7

State ofAlaska

My commission expires:&/J 4f_4Qtc

Date: Aca’ 9 ,zqo

/

neau, Alaska

/

10 PUBLIC HEARING1112 PROPOSED REGULATIONS AMENDMENTS13 TO TITLE 18 OF THE ALASKA

14 ADMINISTRATIVE CODE, CHAPTER 50

15 ARTICLE 1

16 AIR QUALITY CONTROL

171819

202122 August 2, 2010

23 12:30 p.m.24 Anchorage, Alaska25

2627

2829 PRESENT:3031 Cindy Heil

32 Environmental Program Manager33 State of Alaska, DEC34 Division of Air Quality

35 619 Ship Creek36 Anchorage, Alaska 9950137 (907) 269—7634

3839

4041

42

4344

45

46

KRON ASSOCIATES

1113 W. Fireweed Lane, Suite 200

Anchorage, Alaska 99503

(907) 276 3554
y

6 Alaska Department of Environmental Conservation.

7 Today’s date is August 2, 2010, and it is 12:30 p.m., in

8 Anchorage, Alaska.

9 The purpose of todays Public Hearing is to receive

10 testimony on the proposed regulation amendments to Title 18 of11 the Alaska Administrative Code, Chapter 50, Article 1 - Air

12 Quality Control plan which includes the adoption by reference13 changes being made to the Anchorage Transportation Control

14 Program plan which is being revised to update changes being made15 to the Municipality of Anchorage’s Vehicle Inspection and

16 Maintenance Program which is being -- proposed being

17 discontinued; the discontinuation of the State of Alaska’s18 commuter I/M program which will also be discontinued upon the

19 suspension of the MOA Vehicle Inspection and Maintenance

20 Program; the Eagle River PM-l0 Limited Maintenance Plan, which

21 is being adopted to demonstrate compliance with maintaining the

22 PM-b NAAQS in Eagle River, Alaska. And finally the revised23 Quality Assurance Project Plan for the State of Alaska Air

24 Monitoring and Quality Assurance Program, which is being adopted

25 by reference.

KRON ASSOCIATES

1113 W. Fireweed Lane, Suite 200

Anchorage, Alaska 99503

(907) 276 3554
6 THE REPORTER: On the record 1:30 p.m.

7 MS. HElL: This is Cindy Hell with Department of

8 Environmental Conservation. There was no public testimony

9 received. Any public comments we will make --we will receive in

10 writing will be part of the decision making process. After the

11 close of this public period, this comment period, the DEC will

12 draft a response to any comments received. Without any further

13 notice DEC will decide either to adopt as proposed, adopt with

14 other provisions dealing with the same subject, or decide to

15 take no action on the proposal. The language of the final

16 regulations may be different from that of the proposed17 amendments.

18 This is August 2’, 2010, at 1:30 p.m. in Anchorage, Alaska.

19 Again, my name is Cynthia Heil and this hearing is now closed.

20 THE REPORTER: Off the record at 1:31 p.m.

21

22

23

24

25

KRON ASSOCIATES

1113 W. Fireweed Lane, Suite 200

Anchorage, Alaska 99503

(907) 276 3554
6 Regulations, held August 2nd, 2010 at Anchorage, Alaska,

7 transcribed by me from a copy of the digital sound recording to

8 the best of my knowledge and ability.

11 Christine Arnold Date

12

1314

15

16

17

18

19

20

21

22

23

24

25

KRON ASSOCIATES

1113 W. Fireweed Lane, Suite 200

Anchorage, Alaska 99503

(907) 276 3554
I, Scott J. Sloane, Environmental Program Specialist III, of the Department of Environmental Conservation, being sworn, state the following:

As required by AS 44.62.190, notice ofthe proposed adoption of changes to 18 AAC 50.030 State air

quality control plan has been given by being:

(1) published in a newspaper or trade publication;

(2) furnished to interested persons;

(3) furnished to appropriate state officials;(4) furnished to the Department of Law, along with a copy of the proposed regulations;

(5) electronically transmitted to incumbent State of Alaska legislators;

(6) furnished to the Legislative Affairs Agency, Legislative Legal and Research Services;(7) posted on the Alaska Online Public Notice System as required by AS 44.62.175(a)(1) and (b)

and 44.62.190(a)(1); and

(8) furnished electronically, along with a copy of the proposed regulations, to the

Legislative Affairs Agency, the chair ofthe Resources Committee of the

Alaska Senate and House of Representatives, the Administrative Regulation Review

Committee, and the legislative council.

As required by AS 44.62.190(d), additional regulations notice information regarding the proposed adoption of the regulation changes described above has been furnished to interested persons and those in

(5) and (6) of the list above. The additional regulations notice information also has been posted on the

Alaska Online Public Notice System.

DATE:

Qunu, Alaska /

6 ScottJ.€’lot, PS III

SUBSCRIBED AND SWORN TO before me this

day of___________

[NOTARY SEAL]

State of Alaska

My commission expires; bt)j%hK &13t77CL

STATEOFALASKA

OFFICIAL SEAL

Cassidy Y. Kearney

NOTARY PUBLIC \a-’

My Commission Expires With Office.
Register ___, _____ 2010 ENVIRONMENTAL CONSERVATION

DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

Public Review Draft

June 28th, 2010
Register ___, _____ 2010 ENVIRONMENTAL CONSERVATION

The lead in language of 18 AAC 50.030 is amended to read:

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 {adoption date of these proposed regulations} [NOVEMBER 6, 

2009], are adopted by reference. The plan includes the following documents which are also 

adopted by reference:

. . .

18 AAC 50.030(4) is amended to read:

(4) 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 MONITORING], as amended through February 23, 

2010[AUGUST 21, 1996];

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; 

am 1/1/2000; Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 

1/27/2002, Register 161; am 3/2/2002, 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, Register 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__/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140
Register ___, _____ 2010 ENVIRONMENTAL CONSERVATION

18 AAC 50.215(a) is amended to read:

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 Quality Assurance Project Plan for the State of Alaska Air 

Monitoring & Quality Assurance Program [ALASKA QUALITY ASSURANCE MANUAL FOR 

AMBIENT AIR QUALITY MONITORING], adopted by reference in 18 AAC 50.030 for PM-10,

PM 2.5, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur 

dioxide, ozone and ammonia;

(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
TELEPHONE NO.: 465-3600

FROM: Deborah E. Behr st RJECT: Department of Environmental

Chief Assistant Attorney General Conservation Regulations re:

and Regulations Attorney State Air Quality Improvement Legislation/Regulations Section Plan; Air Quality Control

(I8AAC5O.030; I8AAC5O.215)

We have reviewed the attached regulations from the Department of

Environmental Conservation (department). A duplicate of this memorandum is being furnished to Commissioner Hartig, along with a copy of the regulations.

The Department of Law has reviewed the attached regulations, and

materials adopted by reference, against the statutory standards of the Administrative

Procedure Act. Based upon our review, we find no legal problems. This

memorandum and the attached duplicate original memorandum dated September 27, 2010 constitute the written statement of approval under AS 44.62.060(b) and (c) that authorizes your office to file the attached regulations.

The regulations were adopted by the department after the close of the public

comment period. The regulations are regarding updates to the State Air Quality Control Plan for air quality control in the state.

The adoption order for the regulations states that this action is not expected

to require an increased appropriation. Therefore, a fiscal note under AS 44.62.195 is

not required.

We have made some technical corrections to conform the regulations with the drafting manual under AS 44.62.060 and 44.62.125. The corrections are shown on

the attached copy of the regulations.

DIEL3 KIM :kjm

cc: [ton. Larry Hartig, Commissioner

Department of Environmental Conservation
reference. The plan includes the following documents which are also adopted by reference:

18 AAC 50.030(4) is amended to read:

(4) the department’s Quality Assurance Project Plan for the State ofAlaslia Air

Monitorinø & Quality Assurance Profram[ALASKA QUALITY ASSURANCE MANUAL

‘‘

FOR AMBIENT AIR QUALITY MONITORING], as amended through February 23,

‘—A

2010[AUGUST2I, 1996];

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147;

am1/1/2000Register 152; am I 2/30/2000Register 156; am 9/21/2001, Register 159; am

A L3/t1i9_Io1i ‘I

1/27/2002, Register 161; am /2/206, 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, Register 186; am 7/25/2008, Register 187; amj’

11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/112010,

Register 193; am_/_/ , Register __)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140
(1) the departments Quality Assurance Project Plan for the Slate ofAlaska Air

Monitoring & Quality Assurance Program [ALASKA QUALITYASSURANCE MANUAL FOR

AMBIENTAIR QUALJTYMONJTORING], adopted by reference in 18 AAC 50.030 for4

suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur

dioxide, ozon%and ammonia;

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am ,c13;J

7/25/2008, Register I 87; 1am_/_/ , Register __J

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

AS 46.14.030 AS 46.14.180