Department of 

Environmental Conservation

OFFICE OF THE COMMISSIONER 

Post Office Box 111800 

410 Willoughby Avenue, Suite 303 

Juneau, Alaska 99811-1800 

Main: 907.465.5066 

Fax: 907.465.5070 

dec.alaska.gov 

January 29, 2015 

Dennis McLerran 

Regional Administrator 

U.S. EPA Region 10 

1200 Sixth Avenue 

Seattle, WA 98101 

Subject: FNSB PM2.5 Moderate Nonattainment Area State Implementation Plan (SIP) 

Dear Mr. McLerran: 

On December 31, 2014, the Alaska Department of Environmental Conservation (ADEC) transmitted to 

you the moderate area State Implementation Plan (SIP) for the Fairbanks North Star Borough (FNSB) 

fine particulate matter (PM2.5) nonattainment area. At that time, a number of the adopted regulations 

supporting the plan were still undergoing final legal review at the Alaska Department of Law. This letter 

serves to supplement the December 31st SIP submittal by transmitting the final, filed regulations related 

to this SIP action. ADEC requests EPA review and approval of the FNSB moderate area PM2.5 SIP, 

adopted by reference into the Alaska Administrative Code (AAC) at 18 AAC 50.030, with an effective 

date of February 5, 2015. 

The Alaska Department of Environmental Conservation (DEC) is submitting the enclosed supporting 

documents to supplement and complete the December 31st SIP transmittal: 

 New or revised Alaska Administrative Code: 18 AAC 50.007, 18 AAC 50.030, 18 AAC 50.065, 18 

AAC 50.075, 18 AAC 50.076, 18 AAC 50.077, 18 AAC 50.245, 18 AAC 50.246, and 18 AAC 50.990; 

 Lt. Governor’s certified Filing Certificate for Permanent Regulations along with appropriate 

delegations, including Signed Adoption Order, for 18 AAC 50.030 with an effective date of 

regulation February 5, 2015; 

 Lt. Governor’s certified Filing Certificate for Permanent Regulations along with appropriate 

delegations, including Signed Adoption Order, for 18 AAC 50 with an effective date of regulation 

February 28, 2015; and 

 Nine oral hearing affidavits, one affidavit of agency record of public comment, and one affidavit of 

notice of proposed adoption of regulations and furnishing of additional information, signed in 

Anchorage on January 27, 2015 (affidavits were previously submitted on December 31st, but were 

revised to reflect correct judicial district). 

We are providing one paper copy and one electronic version of the above documents to Lucy 

Edmondson of your staff (note that the electronic version is an exact duplicate of the paper copy). The 

FNSB PM2.5 moderate area SIP and the following supporting documents were previously provided for 

your use in evaluating and taking action on this SIP: 
Dennis McLerran 2 January 29, 2015 

U.S. EPA Region 10 

 

 Notices of Public Comment Period for Air Quality PM2.5 regulations, signed September 19, 2013, 

September 25, 2013, November 14, 2013, December 13, 2013, and January 10, 2014; 

 Affidavits of Publication for the Public Notices for Air Quality PM2.5 regulations signed September 

19, September 25, November 14, December 13, 2013 and January 10, 2014 (published in the 

Anchorage Daily News, Fairbanks Daily News Miner, and Juneau Empire). 

 Notice of Public Comment Period for PM2.5 regulations and the State Implementation Plan, signed 

November 14, 2014; 

 Affidavits of Publication for the Public Notice (published in the Anchorage Daily News and 

Fairbanks Daily News Miner on November 17 and 18, 2014), signed November 18, 2014; 

 Affidavits of Agency Record of Public Comment, signed November 24, 2014 and December 23, 

2014; 

 Response to Comment documents dated November 14, 2014 and December 24, 2014; 

 Affidavits of Oral Hearings held in Fairbanks on January 7, 2014 and in Juneau, Anchorage, and 

Fairbanks on January 21, 2014; signed November 24 and 25, 2014; 

 Affidavits of Oral Hearings held in Juneau, Anchorage, and Fairbanks on December 3, 2014, and 

December 17, 2014; signed December 17 and 18, 2014; 

 Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional 

Information, signed November 24, 2014; 

 Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional 

Information, signed December 23, 2014; 

 Public Review Draft of 18 AAC 50 regulations which shows the changes made to the regulations, 

with bold lettering as new language and bracketed language as old language, dated September 19, 

2013; 

 Public Review Draft of 18 AAC 50 regulations which shows the changes made to the regulations, 

with bold lettering as new language and bracketed language as old language, dated November 14, 

2014; and 

 A copy of the November 14 and December 24, 2014 adopted regulation amendments that are 

currently under review by the Department of Law prior to transmittal to the Lt. Governor for 

certification and filing. 

Your staff may contact Alice Edwards at (907) 465-5109 or Cindy Heil at (907) 269-7579 for additional 

information as needed. 

Sincerely, 

Larry Hartig 

Commissioner 

Enclosures: 18 AAC 50 revisions filed January 6, 2015; 18 AAC 50 revisions filed January 29, 2015; adoption 

orders and filing certificates, revised affidavits, and Department of Law regulation mark-ups 

 
Dennis McLerran 2 January 29, 2015 

U.S. EPA Region 10 

 

cc: Kate Kelly, Director, Office of Air Waste and Toxics, EPA, Region 10 (via e-mail) 

Rob Elleman, Acting Manager, Air Planning Unit, EPA, Region 10 (via e-mail) 

Lucy Edmondson, Air Planning Unit, EPA, Region 10 (via e-mail) 

Alice Edwards, Director, Division of Air Quality, DEC (via e-mail) 

Cindy Heil, Air Non-Point Mobile Sources Manager, Division of Air Quality, DEC (via e-mail) 
40 C.F.R. Part 51 Appendix V 2.1. (b) 

Evidence State Has Formally Adopted Plan or Revision: 

Documents including:

o Adoption Order of Commissioner Larry Hartig signed by Larry

Hartig, Commissioner on December 24, 2014, with Filing

Certification signed by Lt. Governor Byron Mallott on January 6,

2015; for State Air Quality Control Plan.

o Adoption Order of Commissioner Larry Hartig signed by Larry

Hartig, Commissioner on January 28, 2015, with Filing

Certification signed by Lt. Governor Byron Mallott on January

29, 2015; for Wood-Fired Heating Device Standards & Fine

Particulate Matter (PM-2.5) Air Episode and Advisories; and for

Purpose and Applicability of Chapter, open Burning, Wood-fired

heating Device Visible Emission Standards, Solid Fuel-Fired

Heating Device Fuels, Commercial Wood Seller Disclosure

Program, Wood-fired Heating Device Standards, & Fine

Particulate Matter (PM-2.5) Air Episode and Advisories.

o Permanent Filing of Regulation Memo of Lt. Governor Byron

Mallott, signed by Scott Meriwether, Special Assistant, dated

January 6, 2015; for State Air Quality Control Plan.

o Permanent Filing of Regulation Memo of Lt. Governor Byron

Mallott, signed by Scott Meriwether, Special Assistant, dated

January 29, 2015; for Wood-Fired Heating Device Standards &

Fine Particulate Matter (PM-2.5) Air Episode and Advisories;

and for Purpose and Applicability of Chapter, open Burning,

Wood-fired heating Device Visible Emission Standards, Solid

Fuel-Fired Heating Device Fuels, Commercial Wood Seller

Disclosure Program, Wood-fired Heating Device Standards, &

Fine Particulate Matter (PM-2.5) Air Episode and Advisories.

o Adoption draft of 18 AAC 50 Air Quality Control Regulations, As

amended through February 6, 2015 (with hand written Register
Number 213 and April 2015 in header and hand written notes 

from the Department of Law).

o Adoption draft of 18 AAC 50 Air Quality Control Regulations, As 

amended through February 28, 2015 (with hand written Register 

Number 213 and April 2015 in header and hand written notes 

from the Department of Law).

 

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o 40 C.F.R. Part 51 Appendix V 2.1. (c) 

Proof of State Legal Authority to Adopt Plan: 

Sent with December 31, 2014, Submittal
 

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

Copy of Adopted Regulations Signed with Effective Date Indicated:

See section 2.1. (b) for Adoption Orders.

Notes:

The official version of 18 AAC 50 is published at the following 

link when the quarterly register in which the revisions first appear are 

published: 

http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.l

egis.state.ak.us/cgibin/folioisa.dll/aac/query=[JUMP:'Title18Chap50']/doc/{@1}?firsthit 

An unofficial version of 18 AAC 50 is posted at the following link: 

http://dec.alaska.gov/commish/regulations/pdfs/18%20AAC%2050.pdf

The PDF document is prepared as a courtesy, informational document 

so that the regulations are available to the public prior to their 

quarterly register publication.

Please note that at this time the attached regulations are not yet 

final. Therefore they are not reflected in the unofficial PDF version of 

18 AAC 50 found at the link above.
 

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

Evidence State Procedural Requirements Satisfied:

and

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

Dated Evidence of Proper Public Notice:

and

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

Certification that Public Hearings were Held if Applicable:

September 19, 2013, Proposal Package (adopted November 14, 2014, 

and readopted January 28, 2015):

• Affidavit of Notice of Proposed Adoption of Regulations and

Furnishing of Additional Information signed by Cindy Heil, dated 

January 27, 2015 (for September 19, 2013, package).

• Affidavit of Oral Hearing held in Fairbanks, Alaska, on January 

7, 2014, at 5:00 p.m. to at least 7:00 p.m., signed by Cindy Heil, 

dated January 27, 2015.

• Affidavit of Oral Hearing held in Anchorage, Alaska, on January 

21, 2014, at 11:30 a.m. – 1:30 p.m., signed by Karin Landsberg, 

dated January 27, 2015.

• Affidavit of Oral Hearing held in Fairbanks, Alaska, on January 

21, 2014, at 11:30 a.m. – to at least 1:30 p.m., signed by Cindy 

Heil, dated January 27, 2015.
November 14, 2014, Proposal Package (adopted December 24, 2014, and 

readopted January 28, 2015):

• Affidavit of Oral Hearing held in Anchorage, Alaska, on 

December 3, 2014, at 11:30 a.m. – 1:30 p.m., signed by Tom 

Turner, dated January 27, 2015.

• Affidavits of Oral Hearings held in Fairbanks, Alaska, on 

December 3, 2014, at 11:30 a.m. – 1:30 p.m. and 5:00 p.m. – 7:00 

p.m., signed by Cindy Heil, dated January 27, 2015.

• Affidavit of Oral Hearing held in Anchorage, Alaska, on 

December 17, 2014, at 11:30 a.m. – 1:30 p.m., signed by Karin 

Landsberg, dated January 27, 2015.

• Affidavits of Oral Hearings held in Fairbanks, Alaska, on 

December 17, 2014, at 11:30 a.m. – 1:30 p.m. and 5:00 p.m. – 7:00 

p.m., signed by Cindy Heil, dated January 27, 2015.

 

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

Compilation of Public Comments and the State Response to them:

September 19, 2013, Proposal package (adopted November 14, 2014,

and readopted January 28, 2015):

• Affidavit of Agency Record of Public Comment signed by Cindy 

Heil, dated January 27, 2015.
 

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