# ALASKA DEPARTMENT OF E NVIRONMENTAL C ONSERVATION

Vol. III: Appendices
C lean Air Act Section 110 Infrastructure Certification Documentation

Adopted
March 12, 2015

Bill Walker, Governor Larry Hartig, Commissioner

# Table of Contents
Alaska’s Compliance with Clean Air Act Section 110 Requirements ........................................... 1 Table 1: Alaska’s State Air Quality Control Plan CAA §110 Infrastructure Certifications. ......... 2 Table 2: Alaska’s Compliance with CAA §110 Infrastructure Requirements for the 1997 & 2006 PM2.5 NAAQS; 1997 & 2008 Ozone NAAQS and 2008 Lead NAAQS. ..................................... 3 Table 3: Alaska’s Compliance with CAA §110 Infrastructure Requirements for the 2010 Nitrogen Dioxide and Sulfur Dioxide 1- hour NAAQS. ............................................................... 16



# Attachments

A ttachment 1. Alaska Administrative Code Title 2 - Administration , Chapter 50. Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulation of Lobbying. Article 1. Public Official Financial Disclosure.

Attachment 2. Alaska Administrative Code Title 9- L aw , Chapter 52. Executive Branch Code of Ethics.



# List of Acronyms & A bbreviations

AAC Alaska Administrative Code AMQA Air Monitoring & Quality Assurance CAA Clean Air Act CBJ City & Borough of Juneau CFR Code of Federal Regulations DAQ Division of Air Quality DEC Department of Environmental Conservation EPA Environmental Protection Agency FNSB Fairbanks North Star Borough MOA Municipality of Anchorage MOU Memorandum of Understanding NAAQS National Ambient Air Quality Standard NEI National Emissions Inventory NNSR Nonattainment New Source Review NO N itro gen Oxide NOy T otal Reactive Nitrogen

# NOx Nitrous Oxide NO 2 

# Nitro gen Diox ide NSR New Source Review PM -2.5 Fine Particulate Matter ppm Parts Per Million PSD Prevention of Significant Deterioration § Section SIL Significant Impact Level SIP State Implementation Plan SOx Sulfur Oxides SO 2 

# Sulfur Dioxide tpy Tons p er Year US United States

# Alaska’s C ompliance with Clean Air Act Section 110 Requirements The Clean Air Act (CAA) requires that states make State Implementation Plan (SIP) submissions to the United States (US) Environmental Protection Agency (EPA) which meet the basic requirements of CAA sections ( § ) 110 a, 1 and 2 , A through M within three years after promulgation of any new or revised N ational Ambient Air Quality Standard (NAAQS). The purpose of this document is to demonstrate that th e Alaska Department of Environmental Conservation (DEC) has the statutory and regulatory authority to implement, maintain and enforce the requirements of CA A §110 a, 1 and 2, A-M, al so known as the “infrastructure requirement s”.
Alaska’s statutes give DEC the authority to promulgate regulations for implementing and enforcing the CAA and other legislation. These regulations are established within Alaska Administrative Code ( AAC ), Title 18. Environmental Conservation:

• AAC Title 18. Environmental Conservation: • Chapter 50. Air Quality Control (18 AAC 50.005-50.990); • Chapter 52. Emissions Inspection and Maintenance Requirements for Motor Vehicles (18 AAC 52.005-18 AAC 52.990); • Chapter 53. Fuel Requirements for Motor Vehicles (18 AAC 53.005-53.990); and • Chapter 95. Administrative Enforcement (18 AAC 95.010-95.900).

Within DEC , the Division of Air Quality (DAQ) administers the CAA in Alaska via these regulations and Alaska ’s State Air Quality Control Plan . DEC’s authority to act on behalf of the State of Alaska in any matter pertaining to the State Air Quality Control Plan is explicitly stated in the following statute:

• AS 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 stat e plan. 

# The original plan (contained in Volumes I & II) was federally adopted in April 1972

. 1 

# The original plan summarized the state’s legal authority to control air pollution and included state and local air pollution control strategies, monitoring, and air episode plans for particulate matter, carbon monoxide and sulfur dioxide. The State Air Quality Control Plan has since been revised and is adopted by reference in A laska A dministrative Code (AAC) in Title 18, Chapter 50, S ection 030 ( 18 AAC 50.030 ). 2 

# T he State Air Quality Control Plan is a legally enforceable document and is enforced by DEC.

1 

# State of Alaska Air Quality Control Plan, Volumes I & II, adopted April 21, 1972. 2 

# State of Alaska Air Quality Control Plan, Volumes II & III, as adopted in 18 AAC 50.030.

# Portions of this control plan make up Alaska’s State Implementation Plan ( SIP ) which addresses the requirements of the 1970 Amendments to the C AA ( FR August 14, 1971 ), the CAA Amendments of 1990 and subsequent requirements set out by EPA. Each time EPA approves an amendment to Alaska’s State Air Quality Control Plan , those amendments become a part of the federally enforceable SIP. These amendments include Alaska’s adoption of new NAAQS and the respective CAA § 110 infrastructure certification , as presented in Table 1. DEC updates Table 1 each time a new SIP amendment is adopted to certify Alaska’s compliance with t he NAAQS and its CAA §110 infrastructure requirements.

Table 1: Alaska’s State Air Quality Control Plan CAA §110 Infrastructure Certifications
.

DEC demonstrates compliance with the NAAQS infrastructure requirements by submitting a new and separate table for each §110 SIP certification , as shown in Table 1 . These tables provide a chronological history of DEC’s CA A §110 SIP submittals and include the following: DEC’s general statutory and regulatory authority; DEC’s specific regulatory authority for a particular NAAQS; Alaska’s programs, plans and agreements (e.g., Memoranda of Understanding or Agreement) necessary for the implementation, maintenance and enforcement the NAAQS. DEC has also included Attachment 1 [ Alaska Administrative Code Title 2 - Administration , Chapter 50. Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulation of Lobbying { Article 1 - Public Official Financial Disclosure}] and Attachment 2 [ Alaska Administrative Code Title 9- Law, Chapter 52. Executive Branch Code of Ethics ] to demonstrate Alaska’s compliance with CA A §110 §110(a)(2)(E)(ii) and th e intent of CAA §128 “conflict of interest” phr ases
. DEC has submitt ed these existing regulations to meet the intent of CAA §110 (a) (2) (E) and CAA §128 for this CAA §110 certification and for all future CAA §110 certification amendments to the SIP. NAAQS Element NAAQS Federal Register

Date NAAQS Federal Register Number State of Alaska NAAQS Effective Date of Regulation State of Alaska CAA §110 SIP

Certification Effective Date of Regulation Table Number Notes

Ozone 8

- hour 7/18/97 62 FR 38856 6/21/98 8 / 1 /12 2 PM 2.5 

# annual & 24

- hour 7/18/97 62 FR 38652 6/21/98 8/1/12 2

PM 2.5 

# 24

- hour 10/17/06 71 FR 61144 4/1/2010 8/1/12 2 Complete except for 110(a)(2)(G). Ozone 8

- hour 3/27/08 73 FR 16436 4/1/2010 8/1/12 2 Lead 11/12/08 73 FR 66964 4/1/2010 8/1/12 2
SO 2 

# 1

- hour 6/22/10 75 FR 35520 9/17/2011 3/12/15 3 NO 2 

# 1

- hour 2/9/10 75 FR 6474 1/4/2013 3/12/15 3

# Table 2: Alaska’s Compliance with CAA §110 Infrastructure Requirements for the 1997 & 2006 PM2.5 NAAQS; 1997 & 2008 Ozone NAAQS and 2008 Lead NAAQS. CAA §110 Infrastructure Element How Infrastructure Requirement is Addressed in Alaska’s SIP

§110(a) (2)(A) Emission limits & other control measures A laska Administrative Code (AAC) , Title 18 Environmental Conservation, Chapter 50 Air Quality Contro l DEC has promulgated regulations to implement and enforce the NAAQS and other emission limitations. These regulations include statewide ambient air quality standards, major and minor permits, transportation conformity and fees, among others which are found in the following articles of AAC Title 18 Environmental Conservation, Chapter 50. Air Quality Cont rol: • Article 1. Ambient Air Quality Standards (18 AAC 50.005 - 18 AAC 50.110); • Article 2. Program Administration (18 AAC 50.200 - 18 AAC 50.250); • Article 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390); • Article 5. Minor Permits (18 AAC 50.502 - 18 AAC 50.560); • Article 7. Conformity (18 AAC 50.700 – 18 AAC 50.735); and • Article 9. General Provisions (18 AAC 50.900 – 18 AAC 50.990). On April 1, 2010, the State of Alaska adopted the 2006 PM2.5 24-hour and annual NAAQS; the 2008 ozone 8- hour NAAQS; and the 2008 lead NAAQS into 18 AAC 50, Article 1. Alaska’s current ambient air quality standards are found in Article 1 at 18 AAC 50.010

. 3


# Alaska’s air quality designations, classifications and control regions are found in 18 AAC 5 0.015

. DEC has worked with EPA regarding the PM2.5 non

- attainment area boundary for the Fairbanks North Star Borough (FNSB). Th is boundary was finalized by EPA in November 2009 and became effective on December 14, 2009. D EC has formally commence d SIP planning activities , in cooperation with the FNSB, to u pdate the SIP to include the FNSB PM2.5 non

- attainment area and additional control measures, air monitoring and emission

3 

# The Division of Air Quality’s current regulations are found in Title 18 AAC 50 Air Quality Control , a s amended through March 12, 2015 ; refer to

http://www.dec.state.ak.us/regulations/pdfs/18%20AAC%2050.pdf

# inventory work for PM2.5. Alaska will have three years from the above designatio n date to submit a SIP attainment demonstration and adopt regulations to ensure that th is area will attain the 2006 PM2.5 NAAQS within five years

. There are no ozone or lead nonattainment areas in Alaska at the present time ( winter 2012).

§110(a) (2)(B ) Ambient air quality monitoring & data

analysis system DEC’s statutory and regulatory authority to conduct ambient air monitoring investigations is found in AS 46.03.020 (5) , AS 46.14.180 and 18 AAC 50.201

. On April 1, 2010, the State of Alaska adopted into Articles 1 and 2 of 18 AAC 50 the following 40 CFR Part 50 reference and interpretation methods for the 2006 PM2.5 24

- hour and annual NAAQS; the 2008 ozone 8-hour NAAQS; and the 2008 lead NAAQS : • Appendix G: Reference Method for the Determination of Lead in Suspended Particulate Matter

Collected From Ambient Air; • Appendix L: Reference Method for the Determination of Fine Particulate Matter as PM2.5 in the

Atmosphere; • Appendix N: Interpretati on of the National Ambient Air Quality Standards for Particulate Matter;

# §110(a)(2)(B) (continued) • Appendix P: Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone; • Appendix Q: Reference Method for the Determination of Lead in Particulate Matter as PM10 Collected

From Ambient Air; and • Appendix R: Interpretation of the National Ambient Air Quality Standards for Lead.

T he Municipality of Anchorage (MOA) and Fairbanks North Star Borough (FNSB) both have a Memorandum of Understanding (MOU) with DEC to operate air quality control programs in their respective jurisdictions

. 4 , 5 

# DEC’s Air Non

- Point Mobile Source Program (ANPMS) and Air Monitoring & Quality Assurance Program (AMQA) work with the MOA and FN SB to prepare Alaska’s annual ambient air monitoring network plan. 6 

# Alaska’s ambient air monitoring network plan includes appropriate monitoring provisions and procedures to comply with the PM2.5 NAAQS monitoring requirements within the FNSB PM2.5 non

- atta inment area. Ambient PM2.5 monitoring data are collected by the MOA, the FNSB and DEC. Both the MOA and FNSB report their ambient air data to DEC on a quarterly basis. DEC collects PM2.5 data for the City and Borough of Juneau (CBJ) and the Matanuska -Susit na Valley and reports these data to EPA on a quarterly basi s. Ambient air quality and meteorological data that are collected for Prevention of Significant Deterioration (PSD) purposes by permitted stationary sources are reported to DEC on a quarterly and annual basis.

DEC’s revised “ Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program ” 7 

# was adopted by reference into the State Air Quality Control Plan under 18 AAC 50.030(4) on October 29, 2010. This manual include s the appropriate, federally referenced ambient air quality monitoring and analysis procedures for PM2.5 , ozone and lead

. As described in this plan, validated State & Local Air Monitoring Stations (SLAMS), and Special Purpose Monitoring (SPM) ambien t air quality monitoring data are reported to the AMQA’s database manager. This person verifies the data, and electronically reports these data to EPA through the Air Quality System (AQS) on a quarterly basis.

4 

# MOU between DEC and Municipality of Anchorage for Air Quality Control, signed June 30, 2011

. 5 

# MOU between DEC and Fairbanks North Star Borough for Air Pollution Control, dated January 26, 2010

. 6 

# Division of Air Quality's “Alaska’s 2012 Air Monitoring Plan” www.dec.state.ak.us/air/am/am_airmonplan.htm

. 7 

# Division of Air Quality’s “Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program”

http://www.dec.state.ak.us/air/doc/ADEC_AMQA_QAPP_23FEB10

- final.pdf

# Ozone Monitoring : Currently (winter 201 2), there are no nonattainment areas for ozone or lead in Alaska. Existing, ambient air quality data with regards to ozone and lead in Alaska are scarce. MOA , in conjunction with DEC , began monitoring for ozone at two sites starting in April 2010. 8 

# Ozone monitoring occurred in 2010 and 2011, April through September, at the “Garden” site located in downtown Anchorage less than 1 mile south of the Merrill Field airport. Ozone monitoring was also performed at the “Parkgate” site, located in Eagle River, during the 2010 ozone monitoring season (April through September). T he ozone monitoring program was discontinued at the “ Parkgate ” site after review of the seasonal results . The ozone monitoring equipment was moved to Wasilla , located in the Mat anuska- Su sitna Valley , for the 2011 monitoring season. Lead Monitoring : Source specific, ambient, lead monitoring related to operations at the Red Dog Mine, located in Noatak, has been initiated by DEC to address federal lead monitoring requirements. Lead monitoring in Noat ak occurred from January 2010 through June 2010; and then from July through August 2011. These monitoring efforts are scheduled to start again in the spring of 2012. Also, MOA, , in conjunction with DEC and EPA, began monitoring for lead, on October 18, 20 11, at the Merrill Field airport to determine if lead emissions from aviation gasoline used by piston

- engine aircraft are a concern for local residents. Merrill Field airport is the largest general aviation airport in Alaska and is located within the Munic ipality of Anchorage. EPA is considering regulating lead in aviation gasoline. 8 

# §110(a) (2)(C) Program to enforce control measures, regulate modification & construction of stationary sources and a permit program DEC’s stat utory authority to regulate stationary sources via an air permitting program is established in AS 46.14 Air Quality Control , Article 01, General Regulations and Classifications; and Article 02, Emission Control Permit Program. DAQ’s Air Permits Program is sues air discharge permits for stationary sources according to the following regulations: • Construction permit for new or modified construction projects (18 AAC 50.302); • Prevention of significant deterioration (PSD) permit (18 AAC 50.306);
• Non -attainment area major stationary source permit (18 AAC 50.311); and • Minor Permits (18 AAC 50 Article 5).

8 

# EPA’s “ Advance Notice of Proposed Rulemaking on Lead Emissions f rom Piston

- Engine Aircraft Using Leaded Aviation Gas oline”, dated April 28, 2010

.

# §110(a)(2)(C) (continued) Alaska ’s PSD/NSR program was originally approved by EPA on February 16, 1995 [60 FR 8943]. Amendments to Alaska ’s PSD/NSR program were mo re rece ntly approved by EPA on August 14, 2007 [72 FR 45378] and February 9, 2011 [76 FR 7116]. On August 3, 2011, DEC adopted the PM2.5 Significant Impact Levels (SILs) as published in the Federal Register on October 20, 2010 [75 FR 64902 ] ; DEC also adopted the PM2.5 source testing requirements as specified in Appendix M to 40 C.F.R. Part 51. The PM2.5 SILs and source test requirement regulations became effective on September 17, 2011. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated October 17, 2011.
Alaska’s approved PSD/NSR program implements the 1997 and 2008 ozone 8

- hour NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005).
Standard and compliance conditions for stationary sources are found in 18 AAC 50.345 . Owner requested limits (ORL) and plant

- wide applicability limitations (PALs) are regulated according to 18 AAC 50.508, 18 AAC 50.540, and 18 AAC 50.542. Minor permit regulations requiring analysis of ambient air quality are found at 18 AAC 50.542(c). Regulations governing air pollution prohibitions are found at 18 AAC 50.045, 18 AAC 50.110, and 18 AAC 50.345(c) . A violation of these prohibition s or any permit condition can result in civil actions ( AS 46.03.760 ), administrative penalties ( AS 46.03.761 ), or criminal penalties ( AS.03.790 ). Regulations pertaining to compliance orders and enforcement proceedings are found in 18 AAC Chapter 95 Adminis trative Enforcement

. §110(a)(2)(D)(i)(I) and (II)

Interstate transport and

international pollution abatement EPA originally approved the actions of DEC to address the provisions of the CAA § 110(a)( 2)(D)(i)&(ii) regarding Alaska Interstate Transport of Pollution for the 1997 ozone 8

- hour NAAQS; and for the 1997 P M2.5 NAAQS on October 15, 2008 [73 FR 60955].
DEC submitted Alaska’s Interstate Transport of Pollution SIP for the 2006 PM2.5 24

- hour and annual NAAQS; and for the 2008 ozone 8

- hour NAAQS in conjunction with Alaska’s Open Burn SIP and Alaska’s Regional Haze SIP via a transmittal letter to EPA Region 10, dated March 29, 2010. These SIP amendments were intended to meet the regional haze program requirements found in 40 CFR §51.308; and also addressed Alaska’s “Finding of Failure to Submit State Implementation Plans Required by the 1999 Regional Haze Rule” [ 74 FR 2392,

# §110(a)(2)(D)(i)(I) and (II) (continued) January 15, 2009 ]

. DEC submitted Alaska’s Int erstate Transport of Pollution SIP for the 2008 Lead NAAQS to EPA via a transmittal letter to EPA Region 10, dated July 9, 2012. Compliance with CAA §110(a)(2)(D)(i)(I)&(II) requirements is pending EPA’s final approval of Alaska’s ozone, PM2.5 and lead Interstate Transport SIP amendments. DEC concludes that the written SIP amendments sufficiently demonstrate that emissions from Alaska do not significantly contribute to no nattainment or interfere with maintenance of the 1997 or 2008 ozone NAAQS; the 1997 or 2006 PM2.5 NAAQS; or the 2008 lead NAAQS in another state ; or interfere with measures required to be included in the SIP for any other s tate to prevent significant deter ioration of air quality or to protect visibility. Alaska is not subject to the “Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone” also called the “Interstate Air Quality Rule” [see 69 FR 4566, January 30, 2004].

§110(a)(2)(D)(ii) I nterstate transport and interstate & international pollution abatement ”... insuring compliance with the applicable requirements of CAA § 126 and 115”. Compliance with CAA §110(a)( 2)(D)(ii) requirements is satisfied through the implementation of Alaska’s PSD/NSR program originally approved by EPA on February 16, 1995 [ 60 FR 8943 ] and more recently approved by EPA on August 14, 2007 [72 FR 45378] and February 9, 2011 [76 FR 7116]. Al aska’s approved PSD/NSR program implements the 1997 and 2008 ozone 8-hour NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, DEC has moved f orward to implement PM2.5 requirements within its PSD program. Initially, DEC relied on EPA’s interim guidance calling for the use of PM10 as a surrogate for PM2.5. DEC recently adopted the PM2.5 SILs and also adopted the PM2.5 source testing requirements as specified in Appendix M to 40 C.F.R. Part 51. The PM2.5 SILs and source test requirement regulations became effective on September 17, 2011 . A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated Oct ober 17, 2011. §110(a)(2)(E)(i) Adequate personnel, funding and authority to carry out plan DEC has implemented CAA requirements and the State Air Quality Control Plan since its inception in 1972. DEC’s statutory and regulatory authorities to implement a nd enforce the State of Alaska’s Air Quality Control Plan are found at AS 46.14.030 and 18 AAC 50.030 , respectively. The State of Alaska has adequate personnel, funding and the authority to implement the 1997 and 2008 ozone NAAQS; the 1997 and 2006 PM2.5 N AAQS; and the 2008 lead NAAQS. The statutory authority for establishing local air pollution control programs is found in AS 46.14.400

— Local Air Quality Control Programs. Where local control programs are relied upon to meet

# SIP requirements, DEC insures that the local program has adequate resources and documents this in the appropriate SIP sections.

§110(a)(2)(E)(ii) Comply with state boards

§110(a)(2)(E)(ii) (continued) Alaska’s regulations meeting the intent of CAA §110(a) (2) (E) and CAA §128 “conflict of interest” phrases are found in Attachment 1 - AAC Title 2 - Administration; Chapter 50 - Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulations of Lobbying - Article 1 - Public Official Financial Disclosure ( 2 AAC 50.010- 2 AAC 50.920 ) and Attachment 2

- Title 9 - Law; Chapter 52- Executive Branch Code of Ethics ( 9 AAC 52.010

- 9 AAC 52.990 ) . These existing regulations are adopted into the State Air Quality Control Plan and are included as a ttachment s to this SIP submittal. DEC is submitting these regulations to meet the intent of CAA §110 (a) (2) (E) and CAA §128 for this CAA §110certification and for all fu ture CAA §110 certification amendments to the SIP.

T here are no s tate air quality boards in Alaska , however, t he DEC Commissioner , as an appointed official and the head of an executive agency, is required to file a financial disclosure statement an nually by March 15 th 

# of each year with the Alaska Public Offices Commission (APOC). T hese disclosures are publically available through APOC’s Anchorage office. Alaska’s Public Officials Financial Disclosure Forms and Internet links to Alaska’s financial disclosure regulations can be found at the APOC website: http://doa.alaska.gov/apoc/home.html

.

# §110(a)(2)(E)(iii) oversee local & regional

government/agencies As a matter of policy, DEC encourages the development of strong local air quality control programs. DEC provides technical assistance and regulatory oversight to the MOA, FNSB and other local jurisdictions to ensure that the State Air Quality Control Plan and SIP objectives are satisfactorily carried out. As mentioned, DEC has an MOU with the MOA and FNSB which allows them to ope rate air quality control programs in their respective jurisdictions. The South Central Clean Air Authority has been established to aid the MOA and the Matanuska

Susitna Borough in pursuing joint efforts to control emissions and improve air quality in the a ir

- shed common to the two jurisdictions.

D EC has formally commence d SIP planning activities , in cooperation with the FNSB, to u pdate Alaska’s SIP to include the FNSB PM2.5 non

- attainment area and additional control measures, air monitoring and emission inventory work for PM2.5. Alaska will have three years from the designation date ( December 14, 2009 ) to submit a SIP attainment demonstration and adopt regulations to ensure that th is area will attain the 2006 PM2.5 NAAQS within five years . The MOU may also have to be updated to reflect the changes made to the SIP.

# 110(a)(2)(F) Stationary source emissions monitoring and reporting system DEC’s general stat utory authority to regulate stationary sources via an air permitting program is established in AS 46.14 Air Quality Control , Article 01, General Regulations and Classifications; and Article 02, Emission Control Permit Program. Alaska’s statutes regarding stationary source permit reporting requirements, completeness determinations, administrative actions, and stack source monitoring requirements are found at AS 46.140 through AS 46.14.180 . DEC’s regulatory authority to determine compliance with these statu tes is found in 18 AAC 50.200 Information requests ; and 18 AAC 0.201 Ambient air quality investigations

. As stated previously, on April 1, 2010, the State of Alaska adopted into 18 AAC 50, Articles 1 and 2 , the appropriate 40 CFR Part 50 reference and interpretation methods for the 2006 24

- hour and annual PM2.5; the 2008 8

- hour ozone; and the 2008 lead NAAQS. Monitoring protocols and test methods for stationary sources that have been adopted by reference in the State Air Quality Control Plan are found at 18 AAC 50.030 . Other documents, procedures and test methods adopted by reference, including the federal reference and interpretation methods for the new NAAQS, are found at 18 AAC 50.035 . Federal standards adopted by reference are found at 18 AAC 50.040

. On August 3, 2011, DEC adopted the PM2.5 source testing requirements into 18 AAC 50.220(c) , as required in Appendix M to 40 C.F.R. Part 51. Monitoring, reporting, and record keeping requirements for permitted stationary sources are found in the standard permit conditions for construction and operating permits at 18 AAC 50.345

.
Alaska ’s PSD/NSR program was originally approved by EPA on February 16, 1995 [ 60 FR 8943 ] and mo re recently approved on August 14, 2007 [72 FR 45378] and February 9, 2011 [76 FR 7116]. Alaska’s approved program implements the 1997 and 2008 8-hour ozone NAAQS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, DEC has moved forward to implement PM2.5 requirements within its PSD program. Initially, DEC has relied on EPA’s interim guidance calling for the use of PM10 as a surrogate for PM2.5. DEC recently adopted (August 3, 2011) the PM2.5 SILs; DEC also adopted the PM2.5 source testing requirements. The PM2.5 SILs and source test requirement regulations became effective September 17, 2011. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated October 17, 2011. Ambient a ir

# quality and meteorological data that are collected for PSD purposes by stationary sources are reported to DEC on a quarterly and annual basis.

# §110(a)(2)(G) Authority to declare air pollution emergency and notify public DEC’s regulatory authority to act during air episodes is found at 18 AAC 50.245. This authority is promulgated under the following statutes: AS 46.03.020 ; AS 46.03.820 ; AS 46.14.010 ; AS 46.14.020 , AS 46.14.030 and 46.14.540

. At the present time (winter 2012), DEC is working to update its regulations found at 18 AAC 50.245 Table 6 “Concentrations Triggering an Air Episode ” to include provisions at least as stringent as (or more stringent than) EPA’s recommended, interim, PM2.5 Significant Harm Levels (S HLs) for triggering an Air Alert, Air Warning and Air Emergency. Also in this regulations package, DEC plans to amend 18 AAC 50.245(a), (b) and (c) to give local air quality control programs, recognized by the State of Alaska, the authority to declare air quality episodes and advisories and to take action. Release of these regulations for public review is pending approval within the Department. Following public comment and legal review, these provisions will be finalized and submitted to EPA for action and inclusion in Alaska’s federally approved SIP. In the interim, DEC can and does issue air advisories under 18 AAC 50.245 to address PM2.5 episodes when air quality conditions warrant action.
The three major municipalities in Alaska (MOA, FNSB, and CBJ) als o have ordinances, codes, or regulations that enable them to declare emergencies in the case of poor air quality due to forest fires, volcanoes, wood smoke or other air quality problem. DEC will work with the FNSB to develop a Emergency Episode Contingency Plan for PM2.5 for the FNSB nonattainment area as outlined in 40 CFR Subpart H - Prevention of Air Pollution Emergency Episodes, and in Appendix L to Subpart 51 “Example Regulations for Prevention of Air Pollution Emergency Episodes”. DEC personnel remain in close contact with each municipality when an air emergency is declared, assisting with air monitoring and analysis, and implementing safety and control measures, as needed.
§110(a)(2)(H) Future SIP Revisions DEC’s statutory authority to adopt regulations in order to implement the CAA and the state air quality control program is found in AS 46.03.020(10) (A) , and AS 46.14.010(a) . DEC’s regulatory authority to implement any provision of the CAA is found in 18 AAC 50.010. DEC strives to establish regulations and update Alaska’s SIP in a timely fashion as new NAAQS are promulgated by EPA.

# §110(a)(2)(J) § 121 consultation DEC’s stat utory authority to consult and cooperate with officials of local governments, state and federal agencies, and non-profit groups is found in AS 46.030.020 (3), (8) . Municipalities and local air quality districts seeking approval for a local air quality control program shall enter into a cooperative agreement with DEC according to AS 46.14.400(d) . DEC can adopt new CAA regulations only after a public hearing ( AS 46.14.010(a) ).
§110(a)(2)(J) Section 127 public notification Public notice and public hearing regulations for SIP submittals and air quality discharge permits are found at 18 AAC 15.050 and 18 AAC 15.060

.

§110(a)(2)(J) PSD & visibility protection Alaska’s PSD/NSR program was originally approved by EPA on February 16, 1995 [60 FR 8943] and more recently approved on August 14, 2007 [72 FR 45378] and February 9, 2011 [76 FR 7116]. Alaska’s approved program implements the 1997 and 2008 8-hour ozone NAA QS and relevant requirements of the Phase II ozone implementation rule as required in 69 FR 23951 (April 30, 2004) and 70 FR 71612 (November 29, 2005). For PM2.5, DEC has moved forward to implement PM2.5 requirements within its PSD program. Initially, DEC has relied on EPA’s interim guidance calling for the use of PM10 as a surrogate for PM2.5. DEC recently adopted (August 3, 2011) the PM2.5 SILs; DEC also adopted the PM2.5 source testing requirements. The PM2.5 SILs and source test requirement regulations became effective September 17, 2011. A copy of these regulations and SIP amendment were forwarded to EPA Region 10 via a transmittal letter dated October 17, 2011.
DEC submitted Alaska’s Regional Haze SIP and Open Burn SIP in conjunction with Alaska’s I nterstate Transport of Pollution SIP for the 2006 PM2.5 NAAQS and for the 2008 ozone NAAQS via a transmittal letter to EPA Region 10, dated March 29, 2010. These SIP amendments were intended to meet the regional haze program requirements found in 40 CFR §51.308; and also addressed Alaska’s “Finding of Failure to Submit State Implementation Plans Required by the 1999 Regional Haze Rule” (74 FR 2392, January 15, 2009). Compliance with CAA Title 1, Part C requirements is pending EPA’s final approval of Alaska’s Regional Haze,

# Open Burn, and Interstate Transport (ozone, PM2.5) SIP submissions. DEC concludes that there are no new visibility protection obligations under CAA §110(a) (2) (J) as a result of the 2008 lead NAAQS. Alaska is not subject to the “Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone” also called the “Interstate Air Quality Rule” [see 69 FR 4566, January 30, 2004].

§110(a)(2)(K) Air quality modeling/data Air quality modeling by DEC is conducted under 18 AAC 50.215(b) , a mbient air quality analysis methods

. E stimates of ambient concentrations and visibility impairment must be based on applicable air quality models, databases, and other requirements specified in the EPA's Guideline on Air Quality Models adopted b y reference in 18 AAC 50.040(f) . This regulation allows some provisions to exclude concentrations attributable to temporary
con struction activity for a new or modified source, or to new sources outside the United States.
DEC is currently (winter 2012) updating the baseline dates and maximum allowable increases for PM2.5, found in 18 AAC 50.020, to account for the 2006 PM2.5 NAAQS revisions. Pending Department approval, i t is anticipated that the PM2.5 baseline date and maximum allowable increase regulation revisions will be released for public notice during the winter of 2012. These regulations will be finalized and submitted to EPA for action and inclusion in Alaska’s federally approved SIP following public comment and legal review.

§110(a)(2)(L) Major Stationary source permitting fees DEC’s statutory authority to assess and collect permit fees is established in AS 46.14.240 and AS 46.14.250

. The permit fees for permitting major and minor stationary sources are assessed and collected by the Air Permits Program according to 18 AAC 50 Article 4. User Fees ( 18 AAC 50.400 through 18 AAC 50.430 ). The Air Permits Program is required to evaluate emiss ion fee rates at least every four years, and provide a written evaluation of the findings ( AS 46.14.250(g) ; 18 AAC 50.410 ). The Division’s most recent emission fee evaluation report was completed in October 20 1 0. The Division’s next emission fee review is scheduled for 2014.

# §110(a)(2)(M) Consultation/Participation

by affected local entities DEC has the stat utory authority to consult and cooperate with officials and representatives of any organization in the state; and persons, organization, and groups, public and private using, served by, interested in, or concerned with the environment of the state ( AS 46.03.020 (3) (A)(B) ).

Table 3: Alaska’s Compliance with CAA §110 Infrastructure Requirements for the 2010 Nitrogen Dioxide and Sulfur Dioxide 1- hour NAAQS. CAA §110 Infrastructure Element How Infrastructure Requirement is Addressed in Alaska’s SIP

§110(a)(2)(A) Emission limits & other control measures DEC has promulgated regulations to implement and enforce the NAAQS and other emission limitations. These regulations include statewide ambient air quality standards, major and minor permits, transportation conformity and fees, among others which are found in the following art icles of A laska A dministrative C ode (AAC) Title 18 Environmental Conservation, Chapter 50. Air Quality Control : • Article 1. Ambient Air Quality Standards (18 AAC 50.005 - 18 AAC 50.110); • Article 2. Program Administration (18 AAC 50.200 - 18 AAC 50.250); • Article 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390); • Article 5. Minor Permits (18 AAC 50.502 - 18 AAC 50.560); • Article 7. Conformity (18 AAC 50.700 – 18 AAC 50.735); and • Article 9. General Provisions (18 AAC 50.900 – 18 AAC 50.990).

• Article 1. Ambient Air Quality Standards (18 AAC 50.005 - 18 AAC 50.110) - Alaska’s current ambient air quality standards, as amended through March 12, 2015, are found at: http://dec.alaska.gov/commish/regulations/index.htm

# §110(a)(2)(A) (continued) • 18 AAC 50.010(2)

- The State of Alaska adopted the 2010 1

- hour SO 2 

# NAAQS on August 3, 2011; this regulation became effective on Septemb er 17, 2011.

• 18 AAC 50.010(5) - The State of Alaska adopted the 2010 1-hour NO 2 

# NAAQS on December 5, 2012; this regulation became effective on January 4, 2013. • 18 AAC 50.015. Air quality designations, classifications, and control regions - There are no NO 2 

# or SO 2 

# non- attainment areas in Alaska at the present time ( summer/ fall 2013). EPA officially designated all of Alaska “unclassifiable” with respect to the 1

- hour NO 2 

# on June 29, 2011 . DEC recommended that all areas within the borders of Alaska b e designated as “unclassifiable” i n regards to the 1

- hour SO 2 

# NAAQS in a letter to EPA Region 10, dated June 2, 2011. DEC anticipat es that all of Alaska will be designated by EPA as “unclassifiable” i n regards to the 1-hour SO 2 

# NAAQS in the near future.

• 18 AAC 50.040. Federal standards adopted by reference - The Prevention of Significant Deterioration (PSD) of Air Quality regulations in 40 C.F.R. 51.166 and 40 C.F.R. 52.21 are adopted in 18 AAC 50.040(h) as of January 4, 2013.
• 18 AAC 50.055. Industrial process es and fuel

- burning equipment

- includes SO 2 

# emission limits for fuel burning equipment and petroleum refineries.
• 18 AAC 50.060. Pulp mills - includes SO 2 

# emission limits for pulp mills in Alaska.

• Article 2. Program Administration (18 AAC 50.200-18 AAC 50.260) • 18 AAC 50. 260 Guidelines for best available retrofit technology under the regional haze rule

DEC’s regulations for best available retrofit technology ( BART ) under the regional haze rule are found at 18 AAC 50.260

.

• Article 3. Major Stationary Source Permits (18 AAC 50.300-18 AAC 50.390)
• 18 AAC 50.302 Construction Permits

.

# • 18 AAC 50.306 Prevention of Significant Deterioration Permits • 18 AAC 50.345 Construction and Operating Permits: Standard Permit Conditions

• Article 5. Minor Permits (18 AAC 50.502 - 18 AAC 50.560)
• 18 AAC 50.508 Minor Permits Requested by the Owner or Operator
• 18 AAC 50.540 Minor Permit: Application
• 18 AAC 50.542 Minor Permit Review and Issuance

• 18 AAC Chapter 53 Fuel Requirements for Motor Vehicles - requirements for oxygenated fuel to reduce NOx emissions.

§110(a)(2)(B) Ambient air quality monitoring & data

analysis system DEC’s statutory and regulatory authority to conduct ambient air monitoring investigations is found in Alaska Statute ( AS ) 46.03.020 (5) , AS 46.14.180 and 18 AAC 50.201

.

• Article 1. Ambient Air Quality Standards (18 AAC 50.005 - 18 AAC 50.110)
• 18 AAC 50.030. State air quality plan - DAQ’s Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program 9 

# , as amended through February 23, 2010, is adopted by reference at 18 AAC 50.030(4)

. This manual includes the appropriate, federally referenced ambient air quality monitoring and analysis procedures and data quality objectives for NO 2 

# and SO 2 

# . As described in this plan, validated State & Local Air Monitoring Stations, and Special Purpose Monitoring ambient air

9 

# Division of Air Quality’s “ Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program
. ”

http://www.dec.state.ak.us/air/doc/ADEC_AMQA_QAPP_23FEB10

- final.pdf

# quality monitoring data are reported to the AMQA’s database manager who verifies the data, and then electronically reports these data to EPA through the Air Quality System on a quarterly basis.
•18 AAC 50.035 Documents, procedures, and methods adopted by reference - The most current and federally approved reference (measurement) and interpretation methods for NO 2 

# and SO 2 

# are adopted by reference in 18 AAC 50.035(b)(1)

. These reference and interpretation methods are used by DEC in its ambient air quality monitoring program to determine compliance with the NAAQS.

• Article 2. Program Administration (18 AAC 50.200-18 AAC 50.260)

• 18 AAC 50.201. Ambient air quality investigation - The Municipality of Anchorage (MOA) and Fairbanks North Star Borough (FNSB) both have a Memorandum of Understanding (MOU) with DEC to operate air quality control programs in their respective jurisdictions. 10 , 11 

# DAQ’s Air Monitoring & Quality Assurance Program (AMQA) coordinates with MOA and FNSB to prepare Alaska ’s annual ambient air monitoring network plan

. Alaska’s 2013 -2014 A ir Monitoring N etwork Plan 12 

# includes monitoring provisions for nitrogen oxide (NO); total reactive nitrogen (NOy) and SO 2 

# at one NCORE site located on Pioneer Road in Fairbanks, Alaska. Ambient NO, NOy and SO 2 

# monitoring data are collected by the FNSB and reported to DEC on a quarterly basis. Related regulations are found in 18 AAC 50.215. Ambient air quality analysis methods and 18 AAC 50.220 Enforceable test methods.
§110(a)(2)(C) Program to enforce control measures, regulate modification & construction of stationary sources and a permit program Alaska’s air pollution prohibitions

- Alaska’s regulations governing air pollution prohibitions are found at 18 AAC 50.045, 18 AAC 50.110 , and 18 AAC 50.345(c) . A violation of these prohibitions or any permit condition can result in civil actions ( AS 46.03.760 ), administrative penalties ( AS 4 6.03.761 ), or criminal penalties ( AS.03.790 ). Regulations pertaining to compliance orders and enforcement proceedings are found in 18 AAC Chapter 95 Administrative Enforcement

. • Article 1. Ambient Air Quality Standards (18 AAC 50.005 - 18 AAC 50.110) - D EC recently adopted new baseline areas for NO 2 

# and SO 2 

# , as defined at 18 AAC 50.020(g) , which became effective on January 4, 2013. The procedure for determining a baseline concentration of NO 2 

# or SO2, as established in 40 C.F.R. 52.21(b) (13) was also recently adopted

10 

# MOU between DEC and Municipality of Anchorage for Air Quality Control, signed June 30, 2011

. 11 

# MOU between DEC and Fairbanks North Star Borough for Air Pollution Control, dated January 26, 2010

. 12 

# ADEC 's “ Alaska’s 2013

- 2014 Air Monitoring Network Plan ” www.dec.state.ak.us/air/am/am_airmonplan.htm

.

# §110(a)(2)(C) (continued) in 18 AAC 50.020(e) and became effective on January 4, 2013. EPA’s monitoring guidance entitled “Ambient Monitoring Guidelines for the P revention of Significant Deterioration” is adopted by reference at 18 AAC 50.035(5)

. On February 9, 2011, EPA approved DEC’s SIP submittal concerning its PSD and Title V Green House Gas (GHG) permitting programs, as promulgated in 40 C.F.R. 52.22 and 71.13, and adopted by reference in 18 AAC 50.0 40(h)(21) and 18 AAC 50.040(j)(9) with an effective date of March 11, 2011 [76 FR 7116]. As mentioned previously, EPA’s Guideline on Air Quality Models , Appendix W to 40 CFR Part 51, is adopted by reference in 18 AAC 50.040(f) . The most recent revision to Appendix W was published on November 9, 2005 [70 FR 68228], wherein EPA adopted AERMOD as the preferred dispersion model. Appendix W, and therefore AERMOD, is also adopted by reference at 18 AAC 50.215(b) (1) and is used by DEC during its ambient air qual ity analysis for the prevention of significant deterioration. Ambient air quality and meteorological data that are collected for PSD purposes by permitted stat ionary sources are reported to DEC on a quarterly and annual basis. DEC’s PSD regulations for NO 2 

# & SO 2 

# Class I, II & III areas are found in: 

# •18 AAC 50.020 (a) . Table 2. Baseline Areas and Dates

. •18 AAC 50.020 (b) . Table 3. Maximum Allowable Increases. •18 AAC 50.020 (e) . Procedure for establishing NO 2 

# & SO 2 

# baseline concentration, effective January 4, 2013. •18 AAC 50.020 (g) . Baseline areas for NO 2 

# & SO 2 

# , effective January 4, 2013. •18 AAC 50.035 (5)

. EPA’s “ Ambient Monitoring Guidelines for Prevention of Significant Deterioration ”, adopted by reference. •18 AAC .040 (f)

. EPA’s “ Guideline on Air Quality Models ”, adopted by reference. •18 AAC 50.040 (h) (21) & (j) (9) . PSD & Title V Greenhouse Gas Permitting Program requirements of 40 C.F.R. 52.22 & 40 C.F.R. 71.13 (Enforceable Commitments for Further Actio ns Addressing the Pollutant Greenhouse Gases), approved by EPA on February 9, 2011 [76 FR 7116].

• Article 2. Program Administration (18 AAC 50.200

- 18 AAC 50.260) - E PA has not promulgated regulation changes to implement the 1

- hour NO 2 

# and SO 2 

# NAAQS under the PSD or Nonattainment New Source Review (NNSR) programs found at 40 C.F.R. §50.166. EPA issued draft PSD guidance concerning the implementation

# of the 1

- hour NO 2 

# and SO 2 

# NAAQS on June 29 and August 23, 2010, respectively. 13 , 14 

# EPA’s draft imp lementation guidance recommends that states use an interim 1

- hour NO 2 

# significant impact level (SIL) value of 4 parts per billion (ppb) and an interim 1

- hour SO 2 

# SIL value of 3 ppb. On August 3, 2011, the State of Alaska adopted an SO 2 

# SIL level of 8 ppb into Table 5 a t 18 AAC 50.215(d) ; the SO 2 

# SIL regulation became effective on September 17, 2011. The State of Alaska adopted an NO 2 

# SIL level of 8 ppb into Table 5 on December 5, 2012; the NO 2 

# SIL regulation became effective on January 4, 2013. Also on this date, DEC adopted n ew regulatory language at 18 AAC 50.215(d) regarding how to compare modeled impacts to the NO 2 

# and SO 2 

# SIL. These regulations are found here:

• 18 AAC 50.215(b) (1) . EPA’s AERMOD, adopted by reference.

• 18 AAC 50.215 (d) . Table 5 Significant Impact Levels for NO 2 

# & SO 2 

# adopted ; 

# new language regarding how to compare modeled impacts to SILs adopted.

• Article 3. Major Stationary Source Permits - Alaska ’s PSD/NSR program was originally approved by EPA on February 16, 1995 [60 FR 8943]. Amendment s to DEC’s PSD/NSR program were most recently approved by EPA on August 14, 2007 [72 FR 45378] and February 9, 2011 [76 FR 7116]. DEC’s PSD /NSR permit program regulations are found here:
• 18 AAC 50.306. Prevention of significant deterioration (PSD) permits.

• 18 AAC 50.311. Nonattainment area major stationary source permits

.

• 18 AAC 50.326 (e) . Title V NO 2 

# & SO 2 

# insignificant emission rates.

• Article 5. Minor Permits.
• 18 AAC 50.502. Minor permits for air quality protection.

• 18 AAC 50.502 (c) (1) (B) ; (c) (1) (C) - NO 2 

# & SO 2 

# significant emission rates for minor permitted facilities.

13 

# EPA’s “Guidance Concerning the Implementation of the 1

- hour NO 2 

# NAAQS for the Prevention of Significant Deterioration.”, dated June 29, 2010, Stephen

D. Page, Director, Office of Air Quality Planning and Standards. 14 

# EPA’s “Guidance Concerning the Implementation of the 1

- hour SO 2 

# NAAQS for the Prevention of Signific ant Deterioration.”, dated August 23, 2010,

Stephen D. Page, Director, Office of Air Quality Planning and Standards.

# §110(a)(2)(D)(i)(I) Interstate transport and interstate & international pollution abatement In accordance with the panel of the U.S. Court of Appeals for the D.C. Circuit opinion, states are not required to submit CAA section 110(a)(2)(D)(i)(I) until the EPA has quantified their obligations under that section. See EME Homer City generation, L.P. v. EPA, 696 F .3d 7. Unless the EME Homer City decision is reversed or otherwise modified by the Supreme Court, Alaska is not required to submit 110(a)(2)(D)(i)(I) SIPs for the 2010 NO 2 

# and 2010 SO 2 

# NAAQS until the EPA has quantified Alaska’s obligations under that section for the 2010 NO 2 

# and 2010 SO 2 

# NAAQS. 

# §110(a)(2)(D)(i)(I I ) Interstate transport and interstate & international pollution abatement Alaska ’s P SD/NSR program was originally approved by EPA on February 16, 1995 [60 FR 8943]. Am endments to DEC’s PSD/NSR p rogram were most recently approved by EPA on August 14, 2007 (72 FR 45378) and February 9, 2011 (76 FR 7116). DEC’s PSD and New Source Review regulations are found in:

• Article 3. Major Stationary Source Permits
• 18 AAC 50.302 Construction permit for new or modified construction projects.
• 18 AAC 50.306 Prevention of significant deterioration permit.
• 18 AAC 50.311 Non

- attainment area major stationary source permit.
• 18 AAC 50.321 Maximum Achievable Control Technology determination.
• 18 AAC 50.345 Standard and compliance conditions for stationary sources.
• 18 AAC 50.346 Other permit conditions On February 14, 2013, EPA approved Alaska’s Regional Haze Plan submitted on April 4, 2011, as meeting the requirements set forth in sections 169A and 169B of the C AA and in 40 CFR 51.308 regarding Regional Haze [78 FR 10546]. §110(a)(2)(D)(ii) Interstate transport and interstate & international pollution abatement CAA §126(a) directs states to include SIP provisions requiring new or modified sources to notify neighboring states of potential impacts for the sources. Alaska’s federally

- approved SIP incorporates by reference 40 CFR 51.166(q)(2) at 18 AAC 50.306(b) , with certain mo difications, to describe the public participation procedures for PSD permits including requiring notice to states whose lands may be affected by the emissions of sources subject to PSD. As a result, Alaska’s PSD regulations provide for notice consistent with the requir ements of EPA’s PSD program. Alaska has no pending obligations under sections 115 or 126(b) of the Act.
§110(a)(2)(E)(i) Adequate personnel, funding and authority to carry out plan DEC has implemented CAA requirements and the State Air Qual ity Control Plan since its inception in 1972. DEC’s statutory and regulatory authorities to implement and enforce the State of Alaska ’s Air Quality Control Plan are found at AS 46.14.030 and 18 AAC 50.030 , respectively. Alaska receives CAA § 103 and § 105 gr ant funds from EPA and provides state matching funds necessary to carry out Alaska’s SIP requirements. The State of Alaska and DEC have adequate personnel, funding and the authority to implement the 2010 1 -hour NO 2 

# and

# SO 2 

# NAAQS. The statutory authority for establishing local air pollution control programs is found in AS 46.14.400— Local Air Quality Control Programs

. Where local control programs are relied upon to meet SIP requirements, DEC ensures that the local program has adequate resources and documents this in the appropriate SIP sections.

§110(a)(2)(E)(ii) Comply with state boards

”... requirements that the state comply with the requirements respecting state boards under section 128, and...” 

# Alaska’s regulations meeting the intent of CAA §110(a) (2) (E) and CAA §128 “conflict of interest” phrases are found in AAC Title 2 - Administration; Chapter 50 - Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulations of Lobb ying ( 2 AAC 50.010 - 2 AAC 50.920 ). Regulations concerning financial disclosure are found in Title 2, Chapter 50, Article 1 - Public Official Financial Disclosure. A copy of Article 1 was adopted into the State Air Quality Control Plan, effective date August 1, 2012, and is included as an appendix to Volume II , Section II. Alaska’s executive branch ethics regulations are found in Title 9 - Law; Chapter 52 - Executive Branch Code of Ethics ( 9 AAC 52.010

- 9 AAC 52.990 ). These regulations were also adopted into the State Air Quality Control Plan, effective date August 1, 2012, and are included as an appendix to Volume II , Section II

. DEC submitted these regulations to meet the intent of CAA §110 (a) (2) (E) and CAA §128 for all future CAA §110 certification amendments to Alaska’s SIP.

T here are no s tate air quality boards in Alaska , however, t he DEC Commissioner , as an appointed off icial and the head of an executive agency, is required to file a financial disclosure statement annually by March 15 th 

# of each year with the Alaska Public Offices Commission (APOC). These disclosures are publically available through APOC’s Anchorage office . Alaska’s Public Officials Financial Disclosure Forms and Internet links to Alaska’s financial disclosure regulations can be found at the APOC website: http://doa.alaska.gov/apoc/home.html

. §110(a)(2)(E)(iii) oversee local & regional

government/agencies Statutory authority and requirements for establishing local air pollution control programs are found at AS 46.14.400 Local Air Quality Control Programs

. As a matter of policy, DEC encourages the development of strong local air quality control programs. DEC provides technical assistance and regulatory oversight to the MOA, FNSB and other local jurisdictions to ensure that the State Air Quality Control Plan and SIP objectives are sati sfactorily carried out. As mentioned, DEC has an MOU with the MOA and FNSB which allows them to operate air quality control programs in their

# respective jurisdictions. The South Central Clean Air Authority has been established to aid the MOA and the Matanu ska- Susitna Borough in pursuing joint efforts to control emissions and improve air quality in the air

shed common to the two jurisdictions.
DEC is collaborating with the FNSB on collecting ambient air quality samples and analyzing them for nitrogen oxide (NO); total reactive nitrogen (NO y 

# ) and SO 2 

# at one NCORE site located on Pioneer Road in Fairbanks, Alaska. Ambient NO, NO y 

# and SO 2 

# monitoring data will be collected by the FNSB, who will report their ambient air data to DEC on a quarterly basis. These dat a will be used by the FNSB, DEC and EPA to determine compliance with the 1

- hour NO 2 

# and SO 2 

# NAAQS.


# §110(a)(2)(F) Stationary source emissions monitoring and reporting system DEC’s general stat utory authority to regulate stationary sources via an air permitting program is established in AS 46.14 Air Quality Control , Article 01, General Regulations and Classifications; and Article 02, Emission Control Permit Program. Alaska’s statutes regarding s tationary source permit reporting requirements, completeness determinations, administrative actions, stack source monitoring requirements and issuing a public notice are found at AS 46. 14.140 through AS 46.14.180 . DEC’s regulatory authority to determine co mpliance with these statutes is found in 18 AAC 50.200 Information requests; and 18 AAC 0.201 Ambient air quality investigations. As stated previously, the State of Alaska adopted the 2010 1

- hour SO 2 

# NAAQS into 18 AAC 50.010 on August 3, 2011; this regulation became effective on September 17, 2011. The State of Alaska adopted the 2010 1 -hour NO 2 

# NAAQS on December 5, 2012; this regulation became effective on January 4, 2013. Monitoring protocols and test methods for stationary sources that have been adopt ed by reference in to the State Air Quality Control Plan are found at 18 AAC 50.030

. The most current and federally approved reference (measurement) and interpretation methods for the 1 -hour NO 2 

# and SO 2 

# NAAQS are adopted by reference in 18 AAC 50.035(b)(1)

. 15 

# Federal standards adopted by reference are found at 18 AAC 50.040

. Stationary source

m onitoring, reporting, and record keeping requirements are found in the standard permit conditions for construction and operating permits at 18 AAC 50.345

.

15 

# 40 C.F.R. §50, Appendices A

- 1; F; and T.

# 18 AAC 50.2 20 Enforceable test methods : DEC may require and owner or operator to conduct air pollutant emission tests to determine compliance with AS 46.14 and associated regulations.
18 AAC 50.544 Minor Permits: Pr ovides for the installation, use and maintenance of monitoring equipment, sampling of emissions, source test, monitoring and emissions data reporting for minor sources.

§110(a)(2)(G) Authority to declare air pollution emergency and notify public

§110(a)(2)(G) (continued) 

# DEC’s statutory authority to act during air emergencies and air episodes is found under the following statutes: AS 46.03.020 Powers of the departmen t; AS 46.03.810 Air and land nuisances ; AS 46.03.820 Emergency powers ; and AS 46.14.540 Authority of department in cases of emergency

. Alaska’s regulations pertaining to air episodes and advisories are found at 18 AAC 50.245 . Alaska’s 24

- hour SO 2 

# concentrations triggering an air alert, warning and episode are found in Table 6 at 18 AAC 50.245

. All regions in Alaska are classified as P riority III for NO 2 

# and SO 2 

# (see 40 CFR 52.71). A s stated in 40 CFR 51.152(c), areas classified as Priority III regions are not required to develop emergency episode plans, which EPA has interpreted to mean the contingency plans otherwise required under 40 CFR 51.152. However, DEC can and does issue air advisories under 18 AAC 50.245 to address air episodes when air quality conditions warrant action. 

# The three major municipalities in Alaska (MOA, FNSB, and CBJ) also have ordinances, codes, or regulations that enable them to declare emergencies in the case of poor air quality due to forest fires, volcanoes, wood smoke or other air quality problem. DEC personnel remain in close contact with each municipality when an air emergency is declared, assisting with air monitoring and analysis, and implementing safety and control measures, as needed.

§110(a)(2)(H) Future SIP Revisions DEC’s statutory authority to adopt regulations in order to implement the CAA and the state air quality control program is found in AS 46.03.020(10) (A) , and AS 46.14.010(a) . DEC’s regulatory authority to implement any provision of the CAA is found in 18 AAC 50.0 05 . DEC strives to establish regulations and update Alaska’s SIP in a timely fashion as new NAAQS are promulgated by EPA.

§110(a)(2)(J) §121 consultation DEC’s stat utory authority to consult and cooperate with officials of local governments, state and federal agencies, and non

- profit groups is found in AS 46.030.020 (3)(8) . Municipalities and local air quality districts seeking approval for a local air quality contro l program shall enter into a cooperative agreement with DEC according to AS 46.14.400(d) . DEC can adopt new CAA regulations only after a public hearing ( AS 46.14.010(a) ).

# §110(a)(2)(J) §127 public notification Public notice and public hearing regulation s for SIP submittals and air quality discharge permits are found at 18 AAC 15.050 and 18 AAC 15.060

. §110(a)(2)(J) PSD & visibility protection DEC concludes that there are no new visibility protection obligations under CAA §110(a) (2) (J) as a result of the 2010 NO 2 

# and SO 2 

# NAAQS. Alaska ’s P SD/NSR program was originally approved by EPA on February 16, 1995 [60 FR 8943]

. Amendments to DEC’s PSD/NSR Program w ere most recently approved by EPA on August 14, 2007 [ 72 FR 45378 ] an d February 9, 2011 [76 FR 7116]. See section 110(a) (2) (C) above.


# §110(a)(2)(K) Air quality modeling/data

§110(a)(2)(K)

(continued) DEC conducts air quality modeling under 18 AAC 50.215(b) , a mbient air quality analysis methods . E stimates of ambient concentrations and visibility impairment are based on applicable air quality models, databases, and other requirements specified in the EPA's Guideline on Air Quality Models adopted b y reference in 18 AAC 50.040(f)

. EPA’s monitoring guidance entitled “ Ambient Monitoring Guidelines for the P revention of Significant Deterioration ” is adopted by reference at 18 AAC 50.035(5) . As mentioned previously, EPA’s “ Guideline on Air Quality Models ” (A ppendix W to 40 CFR Part 51) is adopted by ref erence in 18 AAC 50.040(f)

. This regulation allows some provisions to exclude concentrations attributable to temporary con struction activity for a new or modified source, or to new sources outside the United States. The most recent revision to Appendix W w as published on November 9, 2005 [ 70 FR 682 28] , wherein EPA adopted AERMOD as the preferred dispersion model. Appendix W, and therefore AERMOD, is also adopted by reference at 18 AAC 50.215(b)(1) and is used by DEC during its ambient air quality analysis f or the prevention of significant deterioration. Ambient air quality and meteorological data that are collected for PS D purposes by permitted stationary sources are reported to DEC on a quarterly and annual basis.
§110(a)(2)(L) Major Stationary source permitting fees DEC’s statutory authority to assess and collect permit fees is established in AS 46.14.240 and AS 46.14.250

. The permit fees for major and minor stationary sources are assessed and collected by the Air Permits Program according to 18 A AC Article 4. User Fees (18 AAC 50.400 through 18 AAC 50.430). Permit administration fees and permit emission fees are calculated according to DEC’s regulations found in 18 AAC 50.4 00 and 18 AAC 50. 410 , respectively. Billing procedures for emission fees are administered according to 18 AAC 50.420

. The Air Permits Program is required to evaluate emission fee rates at least every four years, and provide a written evaluation of the findings ( AS 46.14.250(g) ; 18 AAC 50.410 ). The Division’s most recent emission fee

# evaluation report was completed in October 20 1 0. The Division’s next emission fee review is scheduled for 2014.

§110(a)(2)(M) Consultation/Participation

by affected local entities AS 46.03.0 20(3)(A)(B) provides DEC the stat utory authority to consult and cooperate with officials and representatives of any organization in the state; and persons, organization, and groups, public and private using, served by, interested in, or concerned with the environment of the state.
AS 46.03.020(8) provides DEC the authority to “advise and cooperate with municipal, regional, and other local agencies and officials in the state, to carry out the purposes of this chapter.”
AS 46.14.400(d) provides authority for local air quality control programs and requires cooperative agreements between DEC and local air quality control programs that specify the respective duties, funding, enforcement responsibilities and procedures.

# Attachments

The following attachments are intended to demonstrate Alaska’s c ompliance with CA A §110 §110(a)(2)(E)(ii) and th e intent of CAA §128 “conflict of interest” phrases

. DEC has submitt ed these existing regulations to meet the intent of CAA §110 (a) (2) (E) and CAA §128 for this CAA §110 certification and for all future CAA §110 certification amendments to the SIP.

Attachment 1 - Alaska Administrative Code Title 2 - Administration , Chapter 50. Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulation of Lobbying

- Article 1

. Public Official Financial Disclosure

.
Attachment 2 - Alaska Administrative Code Title 9- Law, Chapter 52. Executive Branch Code of Ethics.

# ATTACH ME NT #1

# ALASKA ADMINISTRATIVE CODE

TITLE 2 - ADMINISTRATION Chapter 50
. Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regul ation of Lobbying
Article 1. Public Official Financial Disclosure Register 162
October 2002
with April 2005 Supplement Including Registers 164 through 173

Published by

Lexis Nexis2 AAC 50.010 AlAslc, APMINISTIIATIVK

Core

2 AAC 50.010 Editor’s note:
As of Register

78 the Alaska Public Offices Commission regul:I tions which were formerly located

in

6 MC
29 nip 5mw locale, 1

in

2 MC 50. in SecUon 10. Reporting sources

01 income from to’ tail businesses IS. IRepealedi 20. Reporting interests

in real property 25. Reporting sources

of income from rental property 30. Duty
to re 1 ion h.mily member finon. cml affairs 36. Duty

to report concluded business interests 40. Loan,, loan guarantees,

and indebt’ edness 50. (Repealed) 60. Write.in candidates 70. Income 75. Reporting sources

of income from gifts 80. Controlling interest

in

a corporation 90. Municipalities

as instrumentalities of the state 95. Reporting sources

of income from self.emp

ny men

I lao. Exemption
from reporting novae

of individual

as

a source

of income 102. Commission consideration ofexemp’ Lion requests

light ofExecutive Order No.41(1980).

The history notes under the sections

in their new location carry forward
the history

of these provisions from their old location. Seetion 105. Filing 107. Thking office 108. Notice

of filing requirement 110. Civil penalty

for late or incomplete statements
from filers other than municipal officers 112. Diap.,tessioamousstofcivilpenalty 115. Procedures

for late statements
froni executive branch public officiab 120. Procedures

for late statements
from judicial officers 125. (Repealed) 126. (Repealed) 127. 1%cedures

for incomplete elate ments from candidates

for state elective olIicc 130. (Repeoled) 135. Civil penalty assessments

for late filing
by municipal officers 140. Procedures

for incomplete state menla from candidates

for elective municipal office 143. Corrected incomplete statements 145. (Repealed) 200. Definitions Chapter

50. Alaska Public Offices Commission: Conflict

of Interest, Campaign Disclosure, Legislative Financial Disclosure,

and Regulation

of Lobbying. An it Ic I. Public Official Financial D,sclosur

(2 AAC 50,010

2 AAC 50.200i 2. Campaign Disclosure

t2 MC 50,250

2 MC 50.405 3. Alnslca Public Oflins Cnmmission complaints

and Investigotiona

(2 MC 50.450 2MG 50.470’ 4. Iteguletion

of Lobbying

(2 MC 50. .05

2 MC 50.545 5. Legislative Financial Disclosure

2 AAC 50705

2 MC 50.890 6. Genenil l’rovisinns

12 AAC 50.905

2 MC 50.9)i ArticJe

1. Public Official Financial Disclosure. 2 AM) 50.010. Reporting sources

of income from retail busi nesses. For the purposes

of reporting

a source

of income under 2902A.AC50,015AInhINs’rlMTIoN2AAC50.025AS39.50.030(b),afilershallreport thename(1)andaddressofasourceof incomethatisaretail business;and(2)ofacustomerofaretail businessthatisasourceofincome,ifthe customer(A)conductedbusinesswiththeretailbusiness throughalineofcreditthatextendedthroughtwoormorebillingcycles;(B)hadanongoingcontracttopurchasegoodsorservicesfromtheretailbusiness;or(C)paid theretailbusinessmorethan$1000foragoodorserviceafterreceivingadiscountthatwasnotavailabletothegeneralpublic.(El!.8/20/75,Register55;am5/16/76,Register58;am1/26/86,Register97;am7/20/95,Register135;am1)1)2001,Register156)Authority:AS15.13.030AS39.50.030AS39.50.0502AAC50.015.Reportingsourcesofincomefrompoliticalcampaigns andgiftsforofficeexpenses.RepeaLed.(Eff.1)26/86,Register97;am7/20/95,Register135;repealed1/1/2001,Register156)2AAC50.020.Reportinginterestsinrealproperty.ForthepurposesofreportingtheidentityandnatureofaninterestinrealpropertyunderAS39.50.030(b),afilershallreportadescriptLon ofthenatureoftheinterestheldinthepropertynndthe addressorotherlegaldescriptionoftheproperty.(El!.5/16/76,Register58;am7/20/95,Register135;am1/1/2001,Register156)Authority:AS15.13.030AS39.50.030\S.19.,0.0502AAC50.025.Reportingsourcesofincomefromrentalproperty.ForthepurposesofreportingasourceofincomeunderAS39.50.030(b)fromrentalpropertylocated(1)withinthestate,afilershaLlreportthenameofapersonthatpaidmorethan$1000inrentduringtheprecedingcalendaryear;and(2)outsidethestateandmanagedbya(A)filer orthefiler’sfamilymember,thefilershallreportthenameofapersonthatpaidmorethan$1000inrentduring theprecedingcalendaryear;or(B)personotherthanafilerorthefiler’sfamilymember,thefilershallreportthenameofthemanager.(El!.7/20/95,Register135;am1/1)2001,Register156)Authority:AS15.13.030AS39.50.030AS39.50.0502 AAC 50.030 Ajjsi<.ADMINIwFIt%rn’E
CooK

2 AAC 50.060 2 AAC 50.030. Duty

to report tanDy member financial

.f fairs. For the p4irposes

of reporting information

on the financial affairs of a filer’s family member,
the filer shall (1) make an affirmative good faith effort

to ascertain
the informa tion; and (2) report the information
that the filer knows. (Eff. 6116/76, Register

58; am 7/20/95, Register 135; am 1)1)2001, Register 156) Authority:

AS 15.13.030

AS 39.50.010

AS 39.50.050 2 AM) 50.035. Duty
to report concluded business interests. For the purposes

of reporting information under AS 39.50.030(b)

on

a business ownership interest that

is no longer held but was held during the preceding calendar year by

a filer or the filers family member,
the fiLer shalL (1) make
an affirmative good faith effort

to ascertain
the informa tion; and (2) report the information
that the filer knows. (Eff. 7/20/95, Register 135; am 1/1/2001, Register 156) Authority

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 AM) 50.040. Loans, loan guarantees,

and indebtedness. (a) For the purposes

of reporting

a creditor under AS 39.50.030(b),

a filer need not report

a retail charge account creditor, revolving charge account creditor,

or credit card creditor (b) As used

in AS 39.50.030(b)

and this section, “loan
or loan guarantee” includes

a business

or personal (1) loan signed

or cosigned

by
a filer or the filer’s family member; and (2) loan guarantee made
on behalf

of
a filer or the filer’s family member. (Eli’. 5/16/76, Register

58; am 5/14/80, Register

74; am 1126186, Register

97; am 7/20/95, Register 135; am 11112001, Register 156) Authority:

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 AAC 50.060. Retail charge accounts, Repealed.
(Eff. 5/16/76, Register

58; repealed 7/20/95, Register 135) Editor’s note:
As of Raging, 135, Oc. tober 1995. the substance

of fon,,er 2AAC 50.060

is inciuded

in
2 AAC 50.040. 2 AM) 60.060. Write-in candidates.

A public statement

by an individual

not appearing

on the ballot that he will seek elective office constitutes

a declaration

of candidacy under AS 39.50.020.
(Eff. 5/16/76, Register

58; am 5/14180, Register
74) 2922 AAC 50.070AUIIINISFILA’ru1N

2 AAC 50.096Authority:AS1513030(101AS19.50.020 2 AAC 50.070. Income.

As used inAS 39.50 and

2 AAC 50.010 2 AAC 50,200, ‘income includes money

or anything

of value received (1) in exchange

for labor
or services; (2) from the sale of goods

or property; (3) as profit from

a financial investment; (4) as alimony; (5) as chiid support; (6) as

a government entitlement; (7) as an honorarium;

or (8) as

a gift. (Eff. 5/16/76, Register

58; am 7/20/95, Register
135; am 1)1)2001, Register 156)Authority:AS15.13.030AS39.50.030ASJ9.50.050 2 AAC 50A175. Reporting sources

of income from gifts. For the purposes

of reporting

a source

of income under AS 39.50.030(b),

a filer shall report the name
of the donor
of a gift or
a series
of gifts

if the (1) value
of the gift or the cumulative value
of the series
of gifts from the donor

is over $250; (2) gift or series
of gifts

is received

by the filer or the filer’s family member;
and (3) donor

is not related

to the recipient

as

a spouse, spousal equivalent, parent, child, sibling, grandparent,
aunt, uncle, niece,

or nephew. (Eff. 7/20/95, Register
135; am 1)112001, Register 156)Authority:AS15.13.030/sS39.50.030AS39.50.060 2 AAC 50.060. Controlling interest

in a corporation.

As used inAS 39.50 and

2 AAC 50.010—2
AAC 50.200, “controlling interest” in
a corporation means ownership

of more than 50 percent interest

or more than 50 percent

of the outstanding shares

at any time during the preceding calendar year. (ElF. 5/16/76, Register

58; am 7/20/95, Regis ter 135; am 1)112001, Register 156)Authority:AS15.13.030

AS39.50.050AS39.50.200 2 AAC 50.09a Municipalities

as instnnnentalities

of the state.

In AS 39.50.200(5), “instrumentality

of the state” includes municipalities.

(5ff, 5/16176, Register
58)Aathorit3nAS15.13.030(15)AS39,50.200(5) 2 AAC 50,095. Reporting sources

of income from self-employ ment For the purposes

of reporting

a source

of income under AS 39.50.030(5)
from self-employment,

a filer shall list the name
of a non-retail customer, client,

or patient

of a 2932 AAC 50.100 ALASKA ADMiNiStk.TR’K

Coin

2 AAC S0.100 (1) sole proprietorship, partnership,

or professional corporation

in which the filer or the filer’s family member

is an owner, partner,

or shareholder;

or (2) corporation

in which the filer, the filer’s family member,

or
a combination

of these individuals owns

a controlling interest. (Eff. 7/20/95, Register 135; am 1/1/2001, Register 156) Authority:

AS 1513030

AS 39.50.050

AS 39.50.200 AS 39.50030 2 AAC 60.100. Exemption from reporting name
of individual as
a source

of income,

(a) A filer who seeks an exemption from the requirement

to report the name

of

a source

of income under AS 39.541030(b)

or
2 AAC 50.010

—

2 AAC 50.200 shall request the exemption from the commission. (b) ‘lb request

an exemption under
(a) of this section,

a filer shall file a written request
for exemption with the statement

for which the exemption

is requested.
The written request
for exemption must be on a form prescribed

by the commission

and must, for

a name for which
an exemption

is requested, (1) state the facts that support
the exemption;

and (2) identi&
the exemption circumstances under
(c)— (j) of this section that applies

to the request. (c) A filer may request

a mental health practice exemption

if during the preceding calendar year the (1) filer or the filer’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation

in which

a mental health practitioner, including

a psychiatrist, psychologist,

or therapist, worked; (2) source

of income was an individual
who received mental health services from the mental health practitioner;

and (3) income was received

as payment

for the mental health ser vices. (d) A filer may request

a sensitive medical practice exemption

if during the preceding calendar year (1) the filer or the filer’s family member was an owner, partner,

or shareholder

in

a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation; (2) at least 67 percent

of the patients

of the sole proprietorship, partnership, limited liability partnership, professional corporation, or corporation consisted

of individuals
who (A) received medical services related

to abortion, contraception, reproductive health,

a sexual disorder,

or
a terminal illness from the sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation; 2942AAC50.100Al,IINIsrwTIoN2AAC50.100(B)wereminors,andwho,unknowntotheirparentsorlegalguardians,receivedmedicalservicesfromthesoleproprietorship.partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or(C)weremarried,andwho,unknowntotheirspouses,receive]medicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(3)thesourceofincomewasanindividualwhoreceivedmedicalservicesofanynaturefromthesoleproprietorship,partnership,limitedliabilitypartnership,professionaLcorporation,orcorporation;and(4)theincomewasreceivedaspaymentforthemedicalservices.(e)AfilermayrequestasensitivemedicalprocedureexemptionifduringtheprecedingcaLendaryearthe(1)filerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)sourceofincomewas anindividualwhoreceivedmedicalservicesrelatedtoabortion,contraception,reproductivehealth,asexualdisorder,oraterminalillnessfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;and(3)incomewasreceivedaspaymentforthemedicalservices.(0AfiLermayrequestanembarrassingmedicalprocedureexeinptLonifduringtheprecedingcaLendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)thesourceofincomewasa(A)minorwho,unknowntoaparentorlegalguardianoftheminor,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or(B)marriedindividualwho,unknowntotheindividual’sspouse,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(3)theincomewas receivedaspaymentforthemedicalservices;and(4)reportingthenameofthesourceofincocnewouldtendtocauseareasonablepersoninthesituationofthesourceofincomesubstantialconcern,anxiety,orembarrassment.(g)Afilermayrequestalegalservicespracticeexemptionifduringtheprecedingcalendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliability2952 AAC 50.102 AlASKA AnMlNIgn&r1vK
CODE

2 AAC 50.102 partnership, professional corporation,

or corporation where
an attor ney worked; (2) at least 67 percent

or more of the clients

of the sole proprietor ship, partnership, limited liability partnership, professional corpo ration,

or corporation consisted

of individuals
who were (A) minors, and who, unknown

to their parents

or legal guard ians, received professional
legal services from the attorney;

or (B) married,
and who, unknown

to their spouses, received professional
legal services from the attorney; (3) the source

of income was an individual
who received legal services

of any nature from the sole proprietorship, partnership, limited liability partnership, professional corporation,

or corpora tion; and (4) the income was received

as payment

for the professional
legal services. (h) A filer may request

a legal services exemption

if (1) the filer or the filers family member was an owner, partner,

or shareholder

in

a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation where
an attor ney worked; (2) the source

of income was

a (A) minor who, unknown

to
a parent

or legal guardian

of the minor, received professional legal services from the attorney;

or (B) married individual
who, unknown

to the individual’s spouse, received professional
legal services from the attorney; (3) the income was received

as payment

for the professional
legal services; and (4) reporting
the name
of the source
of income would tend
to cause a reasonable person

in the situation

of the source

of income substan tial concern, anxiety,

or embarrassment. (i) A filer may request

a filer prohibition exemption

if the filer

is prohibited

by law from reporting
the name
of a source
of income. (j) Afiler may request

a right
of source exemption

if the filer believes that reporting

the name
of
a source
of income would violate

a right of the source under the state
or federal constitution.

(Eff. 9/9/78, Register 67; am 5/14/80, Register

74; am 1/26/86, Register

97; am 7/20/95, Register 135; am 1/1/2001, Register 156) Authority:

AS 15.13.030

AS 39.50.035

AS 39.60.OSG AS 3960.030 2 AAC 50.102. Commission consideration

of exemption

re quests.

(a) For an exemption circumstance under

2 AAC 50.100(c), (d), (e), (g), or (i), and no later than
30 days after the commission receives

a written exemption request that complies with

2 AAC 50.100(b),

the staff of the commission shall 2962AAC50102Aimiisisric.vrits2AM..50.102(1)granttherequest,ifthefactsstatedintherequestatilvIheexemptioncircumstanceuponwhichtherequestrelies;intl(2)sendtothefiler,attheaddressonfilewiththeComm’s.Oil.awrittennoticeofthestaffsdecisiontograntordenythee’cciliIltlun.(hiIfunder(a)ofthissectionthestaffofthecommissiongrant,arequest,thefilerneednotreportthenameofthesourceofthein”onwforwhichtherequestismade.Ifthestalldeniestherequest,[liefilershall,nolaterthan30daysafterthedateofthestaffswrittennoun’under(a)ofthissection,(1)reportthenameofthesourceofincomeasrequiredunderAS39.50.030;or(2)fiLewiththecommissionanoticeofappeal,which(A)mustcontaintheinformationdescribedin2AAC50101)hi;(8)mustexpininwhythefilerbelievesthatthestafferredii,denyingthefiler’srequestforexemption;and(C)mayincludeadditionalinformationthatthefilerconsnlcrsappropriate.(c)Ifthefilerdoesnotfileatimelywrittennoticeofappealunderh)ofthissection,thedecisionbythestaffofthecommissionisfinal,andmaynotbeappealedtothecommission.(d)IfthefilerfiLesatimelynoticeofappealunder(b)ofthissection.thecommissionwiLlheartheappealatthenextscheduledmeetingofthecommission,unlessthecommission,initsdiscretion,findsgoodcausetoheartheappealatadifferentmeeting.Atthehearing,anattorneymayrepresentthefiler.Unlessthecommissionprovidesotherwise,thefilershallpresentthefiler’scasefirst,andthestalTofthecommissionshaLlpresentitscasenext.Alterthehearing.thecommissionwillgrantordenytherequestforanexemption.(e)Foranexemptioncircumstanceunder2AAC50.100(1),(h),or(flandnolaterthan30daysafterthecomlilissionreceivesaWrittenexemptionrequestthatcomplieswith2AAC50.100(1),thestaffofthecommissionshalL(1)determinewhetherthefactsstatedinthe requestsatisfytherequirementsoftheexemptioncircumstanceuponwhichtherequestrelies;(2)makeapreliminaryfinding,whichrecommendsthatthecommissiongrantordenytherequest;(3)sendtothefiler,attheaddressonfilewiththecommission,awrittennoticeofthepreliminaryfinding;and(4)submitthepreliminaryfindingtothecommissionforactionunder(I)ofthissection.If)Afterthestaffofthecommissionhassubmittedapreliminaryfindingmadeunder(e)ofthissection,thecommissionwill(1)reviewthepreliminaryfindingatthenextscheduledmeetinuofthecommission,unlessthecommission,initsdiscretion,findsgoodcausetoreviewthefindingatadifferentnieeting;and297I2AAC50.105AIjshAAis’NISTI{AT Cr,r*

2 AAC 50.105 (2) accept, reject,

or modify the preliminary finding. (g) No later than 30 days after reviewing

a notice

of appeal under (d) of this section

or
a preliminary finding under

(U of this section,
thecommission

will send
to the filer,
at the address

on file with the commission, written noticeof the commission’s
final decision and an order granting

or denying
the request
for exemption. (h) If under
(g) of this section the commission (1) grants

a request
for exemption,

the filer need not report the name
of the source of income;
and (2) denies

a request
for exemption,

the filer shall (A) report the name
of the source

of income

as required under AS39.50.030

no later than 30 days after the date of the commis sion’s order;

or (B) file

a notice

of appeal under AS 44.62.560. (I) If while considering

a request

for exemption

the commission

or the staff
of the commission determines
that information
that the commission

or the staff has received

is protected

by

a state
or federal constitutional
right
or is legally privileged,

the commission

and the staff will keep the information confidential, without regard

to whether the filer claims the right
or privilege. (j) A filer does not violate
AS 39.50

or

2 AAC 50.010—

2 AAC 50.200
for failure

to report the name
of a source

of income

if the filer has requested

an exemption under

2 AAC 50.100 and (1) the commission

has not issued

a written final decision and order regarding

a preliminary finding that the staff of the commis sion has submittal under
(e) of this section:

or (2)

a notice

of appeal that the filer has submitted under
(b) or (h of this section

is under review. (Eff. 7/20/95, Register 135)Authority:AS15.13.030AS39.50.035AS39.50.050AS39.50.030 2 AAC50.105. Filing.

(a) The public officials named

in AS 39.50.200(a)

who are required

to file

a statement under AS 39.50.020 shall file the statement with an office
of the commission by hand delivery, mail,
or facsimile. (b) A candidate

for state elective office who

is required

to file

a statement with the director

of elections under AS 39.50.020 shall file the statement

as the director

of elections provides. (c) A municipal officer

or
a candidate

for elective municipal office who

is required

to file

a statement with the municipal clerk
or another municipal official under AS 39.50.020 shall file the statement

as the clerk
or municipal official provides. (d) If an individual
who

is subject

to (a) of this section files

a statement

by hand delivery

or facsimile,
the date of filing

is the date on which

an office
of the commission receives
the statement.

If the individual
files

a statement

by mail, the date of filing

is the date of the 29S2AAC50.107AIIMINIS’r,u’rIoN2AAC50.110postmark.Ifastatementfiledbynailhasapostmarkonwhichthedateismissingorillegible,thedateofthepostmarkisrebuttablypresumedtobe10calendardaysbeforethetinteonwhichthestatementisreceived.(e)IfafilerisrequiredtofilemorethanonestatementunderAS39.50.020,thefilershallfileastatementateachplacedesignatedinAS39.50.020.Afilermayfileacopyofacurrentstatement.Thefilershallsignthecopy.(ElY.9/9/78,Register67;am5/14/80,Register74;am1/26/86,Register97;am7/20/95,Register135;am11112001,Register156)AuthodtyAS15.1I.030AS19.50.020AS39.50.0502AAC50.101.Takingoffice.AsusedinAS39.50.0’20(a),“within30daysaftertakingoffice”meanswithin30daysaftertheearlierofthefollowingdays:(1)thedayonwhichthefilerfirstearnscompensationforwork;(2)thedayonwhichthefilertakestheoathofoffice,(ElY.7/20/95,Register135)Authority:AS15.13.030AS39.50,020AS39.50.0502AAC60.108.Noticeoffilingrequirement.(a)Ifthestall’ofthecommissiondeterminesthatanexecutivebranchpublicofficialorajudicialofficermustfileastatementunderAS39.50.020,thestaffshallsendawrittennoticetotheindividualattheaddressonfilewiththecommission.(b)ThestaffofthecommissionshallprovideeachmunicipalityacopyofthestatementformandinstructionmanualforeachmunicipalofficerandcandidatesubjecttoAS39.50.(ElY.7120/95,Register135;am1/112001,Register156)Authority.AS15.13030AS39.50220AS39.50,0502AAC50.110.Civilpenaltyforlateorincompletestatementsfromfilersotherthanmunicipalofficers.(a)Exceptasprovidedunder2AAC50.143,thestaffofthecommissionshallassessacivilpenaltyunderAS39.50.135againstafilerotherthanamunicipalofficeroneachdaythatthefiler’sstatementislate.Astatementislateorincompleteifitisnotcompleteandfiled(1)30daysafterthecommissionsendsnoticeunder2AAC50.108,foraninitialstatementfromanexecutivebranchpublicofficialorjudicialofficer;and(2)March15,foranannualstatement.(b)Fors statementrequiredbecauseafilerisanexecutivebranchpublicofficial,candidaterorstateelectiveoffice,orjudicialofficer,the2992 AAC 50.112 AI.s,s Ajw,lINLcrRxrwE

Coot

2 AAC 50.112 staff of the commission shall assess the civil penalty against the filer as follows: (1) $5 per late day through
the first
15 days of lateness; (2) $10 per late day for the 16th and subsequent days of lateness. Cc) Notwithstanding

(b) of this section, the staff of the commission may recommend
that the commission assess $10 per day for each day that

a statement

is late
if a filer other than

a municipal officer has (1) failed

to comply substantially
with AS 39.50
or
2 AAC 50.010—

2 AAC 50.200

by failing

to report

in the filer’s statement

a major source

of income, interest

in real property, business interest, loan, trust,

or other substantial financial interest;

or (2) continuously failed

to comply with AS 39.50

or
2 MC 50.010—

2 AAC 50.200

by failing

to respond fully and within the time prescribed

to
a written request from the commission

or the staff for further information. (d) A civil penalty assessed under
(b) or (c) of this section

is due each day that

it is assessed. (Eff. 9/9/78, Register

67; am 5/14/80, Register 74; am 1125/86, Register

97; am 7/20/95, Register 135; am 111)2001, Register 156) Authority:

AS 15.13.030

AS 39.60.050

AS 39.50.135 AS 39,50.020 2 AAC 60.112. Dispute

as to amount

of civil penalty.

(a) If a filer disputes
the amount

of
a civil penalty assessed under

2 AAC 50.110(b)

or
2 AAC 50,135(e),

the filer may submit

to the commission an affidavit stating thcts
in mitigation within

30 days of the date of the notice described

in
2 AAC 50.115(e),

2 AAC 60.120(e),

or

2 AAC 50.135(e).

At its next meeting after the filer submits
the affidavit,
the commission

will consider
the affidavit and other evidence relevant

to the amount

of the civil penalty, unless the commission,

in its discre tion, finds reason

to consider
the affidavit

at
a different meeting. The commission

will permit the filer
to speak

at the meeting. After considering

the affidavit and other evidence,
the commission

will (1) affirm the civil penalty

if the commission determines
that the statement
was late without good cause;

or (2) reduce

or waive the civil penalty

if the commission determines that the statement
was late for good cause. (b) No later than 60 days after

a meeting described

in (a) of this section, the staff of the commission shall send

a written notice

of the decision

by the commission

to the filer at the address

on file with the commission. Cc) If the commission decides

to impose some
or all of a civil penalty assessed under

2 AAC 50.110(b)

or
2 AAC 50.135(e),

the ifier shall (1) pay the penalty

no later than
30 days after the date of the notice described

in (b) of this section;

or 3002 AAC 50.115 AoMINIrruNrloN

2 MC 50.115 (2) file

a notice ofappeal underAS 39.50.135 orAS 44.62.560.
(KiT. 7/20/95, Register 135) Authority:

AS
IS 13O:k)

AS19.50.054) AS(9.50.020 2 AAC 50.115. Procedures

for late statements from executive branch public omcials.

(a) lithe annual statement

of an executive branch public official

is late for eight days, the staff of the commission shall send

a written notice

to the executive branch public official

at the address

on file with the commission.

The notice must state (1) that the statement

has not been filed; (2) the date on which the statement
was due; (3) that refusal

or failure

to file (A)
is punishable

as
a misdemeanor offense; and (B) on or before the 30th day of lateness will cause the commis sion
to (i) request
the governor

to remove
the executive branch public officiaL from office under AS 39.50.060— 39.50.080,11

the executive branch public official

is not the governor

or the lieutenant governor; (ii) request
the state agency that administers

the salary, per diem, and travel expenses

of the executive branch public official to withhold those payments under AS 39.50.070, 39.50.080,

or 39.50. 130; (iii) request
the attorney general

to initiate misdemeanor proceedings under AS 39.50.060— 39.50.080

or 39.50.130:
and (iv) take other action

as appropriate

to carry out AS 39.50.060— 39.50.080

or 39.50.130; (4) the amount

of the civiL penalty assessed

to date under

2 AAC 50.110; (5) that the civil penalty assessed under

2 AAC 50.110 increases until the statement

is filed; and (6) the right of appeal under AS 39.50.135
and

2 AAC 50.112. b) If the nnnual statement

of an executive branch public officiaL

is late for 22 days, the staff of the commission shall send

a written notice to the executive branch public official

at the address

on tile with the commission.

The notice must include
the information included

in
a notice sent under
(a) of this section. (c) If the annual statement

of an executive branch public official has been late for 30 days, the staff of the commission
shall (1) send

a written notice

to the executive branch public offitinl

at the address

on file with the commission;

the notice must include the information included

in
a notice sent under
(a) of this section; (2) noti& the commission
that the statement

has been late for 30 days; and

3012 AAC 50120 AlASKAAOMINISTICATIVK

CooF

2 AAC 50.120 (3) under the direction

of the commission,
take other action

as appropriate

to carry out AS 39.50.060— 39.50.080
and 39.50.130. (d) If the aonual statement

of an executive branch public official

is late for 30 days, the commission

will (1) request
the governor

to remove the official from office under AS 39.50060— 39.50.080 unless the official

is the governor

or lieutenant governor; (2) request the state agency that administers

the salaty, per diem, and travel expeoses

of the executive branch public official

to with hold those payments under AS 39.50.070. 39.50.080,

or 39.50.130; (3) request the attorney general

to initiate misdemeanor proceed ings under AS 39.50.060— 39.50.080

or 39.50.130;
and (4) take other action

as appropriate

to carry out AS 39.50.060— 39.50.080

or 39.50.130. (e If an executive branch public official files

a statement after the date applicable

to that official under AS 39 .SO. 02 (a),

the staff of the commission shall send

a written notice

to the executive branch public official

at the address

on file with the commission.

The notice must state the (1) amount

of the civil penalty assessed under

2 AAC 50.110; and (2) right
of appeal under AS 39.50.135
and

2 AAC 50.112. (Eff. 9/9/78, Register

67; am 10/18/81, Register

80; am 1)26/86, Register 97; am 7/20/95, Register 135)Authority:AS15.13.030AS39.50.060AS39.50.080AS39.50.020AS39.50.070AS39.50.130AS39.50.050 2 AAC 50,120. Procedures

for late statements from judicial officers.

(a) If the annual statement

of

a judicial officer

is late for eight days, the staff of the commission
shall send

a written notice

to the judicial officer

at the address

on file with the commission.

The notice must state (1) that the statement
has not been filed; (2) the date on which the statement
was due; (3) that refusal

or failure

to file (A)
is punishable

as

a misdemeanor offense; and (B) on or before the 30th day of lateness will cause the commis sion
to (i) request the administrator

of the court system

to withhold salary, per diem, and travel expense payments

to the judicial officer under AS 39.50.110; (ii) request the Commission

on Judicial Conductto refer the matterto the supreme court with

a recommendation

that the judicial officer
be removed from office under AS 39.50.110; (iii) request
the attorney general

to initiate misdemeanor proceedings under AS 39.50.060

or 39.50.110;
and 302

I2 AAC 50.125 At,iisis’rwvru’s

2 AAC 50.125 (iv) take other action

as appropriate

to carry outAS :39.50.060 or 39.50.110; (4) the amount

of the civil penalty assessed

to date under

2 AAC 50.110; (5) that the civil penalty assessed under

2 AAC 50.110 increases until the statement

is filed; and (6) the right
of appeal under AS 39.50.135
and

2 AAC 50.112. (b) If the annual statement

of
a judicial officer

is late for 22 days. the staff of the commission shall send

a written notice

to thejudicial officer at the address

on file with the commission.

The notice must include the information included

in
a notice seat under
(a) of this section. (c) If the annual statement ofajudicial officer

is late for 30 days, the staff of the commission
shall (1) send

a written notice

to the judicial ufficer

at the address

on File with the commission:

the notice must include the information included

in
a notice sent under
(a) of this section; (2) notify the commission
that the statement

has been late for 30 days; and (3) under the direction

of the commission,
take other actioa

as appropriate

to carry out AS 39.50.060
and 39.50.110. (d) If the annual statement ofajudicial officer

is late for 30 days, the commission

wilL (1) request
the administrator

of the court system

to withhold salary, per diem, and travel expense payments

to the judicial officer under AS 39.50.110; (2) request
the Commission

on .Judicial Conduct

to refer the matter

to the supreme court with

a recommendation

that thejudicial officer

be removed from office under AS 39.50.110; (3) request the attorney general

to initiate misdemeaoor proceed ings under AS 39.56.060

or 39.50.110;
and (4) take other action

as appropriate

to carry out AS 39.50.060

or 39.50. 110. (e) Ifajudicial officer files

a statement after the date applicable

to that officer under AS 39 .5 0 020(a),

the staff of the commission shall send

a written notice

to the judicial officer

at the address

on fiLe with the commission.

The notice must state the (1) amount

of the civil penalty assessed under

2 AAC 50.110; and (2) right
of appeal under AS 39.50.135
and

2 AAC 50.112. (REF. 9/9fl8, Register

67; am IWIS/S1, Register

80; am 1/’26/86, Register 97; am 7/20/95, Register 135)Authority:AS15.13.010,‘iS39.50.050AS3950.110 AS39.50,020

AS3950.060 2 AAC 50.125. Procedures followed upon

a refusal

or failure by

a state elected official

to file the conflict-of-interest

state ment when due. Repealed 10/18/81. 3032 A,A 50.12(i

A ASKA A1)MINJSI’ItA’riVK

GooF

2 AAC 50,135 2 AAC 50.126. Procedures

for failure

or refusal

of an incum bent state elected official

to file the annual conflict-of-interest statement

by the April

15 due date. Repealed.
(Eft 10/18/81, Regi ter 80, repealed 7/20/95, Register 135) 2 AAC 50.127. Procedures

for incomplete statements from candidates

for state elective office.

(a) Seven days before the primary election withdrawal
date set in AS 15.25.055
and seven days before the general election withdrawal
date set in AS 15.25.200,

the stafi of the commission
shall provide

to the commission

a list of the candidates

for state elective office whose statements

are incomplete. (b Upon receipt

of

a list described

in (a) of this section,
the conlniisslon

will schedule

a meeting

to consider
the list. The staff of the commission
shall notify

a candidate

for state elective office who

is on the list about the time, date, and place
of the meeting. (c II, at or after the meeting scheduled under
(b) of this section, the commission determines
that

a candidate

for state elective office has not supplied required information

on
a major source

of income, interest

in real property business interest, loan,
or trust, the commission

will recommend
that the lieutenant governor remove the candidate’s name from the ballot.

If the candidate’s name cannot

be removed from the ballot, the commission

will recommend
that the lieutenant governor not certify the candidates nomination

foT office
or election

to office. (d) If informntion discovered after the withdrawal-of-candidacy deadline indicates that

a candidate

for state elective office has failed

to comply substantially
with the requirements

of AS 39,50

or

2 AAC 50.010 —2 AAC 50.200, the staff of the commission shall undertake

a preliminary investigation under

2 A.AC 50.460. The staff shall report its findings

to the commission.

The commission

will determine

the appropriate penalty. (EfT. 1126)86, Register

97; am 7/20/95, Register 135; am 111/2001, Register 156) Authority:

AS 1513.030

AS 39.50.060

AS 39.50.130 AS 39,50.020

AS 39.50.120

AS 39.50.135 AS 33.50.050 2 AAC 50.130. Filing
by

a municipal officer. Repealed
(Eff 9/9/78, Register

67; am 5/14/80, Register

74; repealed 7/20/95, Register 135) 2 AAC 50.135. Civil penalty assessments

for late filing by municipal officers.

(a) The statement

of

a municipal officer

is delinquent

if the municipal clerk
or designated municipal official does not recoive the statement

on or before March

15, for an annual statement. cli) The statement continues

to be deLinquent
and subject

to
a civil penalty until received

by the municipal clerk
or designated official. 3042AAC50135AIItiiNIs’rnsrcoN2AAC50.135Ic)Themunicipalclerkordesignatedofficialshallnoti&thecornmissionwithinlivedays(1)bytelegramortelephoneofthenameandaddressofanymunicipalofficerwhohasrefusedorfailedtofileastatementbytheduedate;and(2)veri&thatallothermunicipalofficershavefiled.(ci)Withinfivedaysafterreceivinganotificationunder(c)ofthissection,thestaffofthecommissionshallsendawrittennoticetothemunicipalofficer.Thenoticemuststate(1)thatthestatementhasnotbeenfiled;(2)thedateonwhichthestatementwasdue;(3)thatrefusalorfailuretotile(A)ispunishableasamisdemeanoroffense;and(B)onorbeforethe30thdayoflatenesswillcausethecommissiontoIi)requestthenttorneygeneraltoinitiatemisdemeanorproceedingsunderAS39.50.060;and(ii)takeotheractionasappropriatetocarryoutAS39,50.060;(4)theamouatofthecivilpenaltyassessabletodateunder(e)ofthissection;(5)thatthecivilpenaltyassessableuader(e)ofthissectionincreasesuntilthestaterneatisfiled;and(6)therightofappealunderAS39.50.135and2AAC50J12.(e)ThemunicipalclerkordesignatedofficialshallnotirthecommissionbytelegramortelephoneofthenameandaddressofanymunicipaLofficerwhofiledadelinquentstatementandthedateonwhichtheIntostatementwasreceivedbytheclerkordesignatedofficial.Uponnotificationofthereceiptofadelinquentstatement,commissionstaffshall(1)assessa civilpenaltyof(A)$1adayforthefirstsevendaysastatementisdelinquent;and(B)$5adayfortheeighthdayandsubsequentdaysofdelinquency;and(2)withinfivedaysafternotificationbythemunicipalclerkordesignatedofficialofreceiptofadelinqueatstatement,sendanoticeofthecivilpenaltyassessedagainstthemunicipalofficerandaformforappealingtheassessment.(I)Ifamunicipalofficerdisputestheamountofacivilpenaltyassessedunder(e)ofthissection,themunicipalofficer,usingtheaffidavitappealformprovidedunder(e)ofthissection,maysubmittothecommissionanaffidavitstatingfactsinmitigationwithin30daysofthedateofthenoticedescribedin(e)ofthissection.Thecommissionwillreviewtheaffidavitundertheproceduressetoutat2AAC50.112.(g)Repealed7/20/95.(h)Repealed7/20/95.3052 A.AC 50.140 ApAsI MpNisTnnIvI
Coni

2 AAC 50.140 (i) Repealed 7/20/95. (1) Notwithstanding

Ce) of this section,
the staff of the commission may recommend
that the commission assess $10 per day for each day that

a statement

is late if a municipal officer has (1) failed

to comply substantially
with AS 39.50
or
2 AAC 50.010 2 MC 50.200

by failing

to report

in the officer’s statement

a major source

of income, interest

in real property, business interest, loan, trust,

or other substantial financial interest;

or (2) continuously (ailed

to comply with AS 39.50cr

2 AAC 50.010 2 AAC 50.200

by failing

to respond fully and within the time prescribed

to
a written request from the commission

or staff for further information

(EfE 9/9/78, Register

67; am 5114/80, Register 74, am 1/26/86, Register

97; am 7/20/95, Register 135; am 1/112001. Register 156) Authority:

AS 15.13.030

AS 39.50.050

AS 39.50.135 AS 39.50.020 2 AAC 50.140. Procedures

for incomplete statements from candidates

for elective municipal office.
(a) Seven days before the deadline

for withdrawal

of candidacy,

the staff of the commission shall provide the commission

n List of the candidates

for elective municipal office whose statements

are incomplete. (b) Upon receipt

of the list described

in (a) of this section,
the commission

will schedule

a meeting

to consider
the list. The staff of the commission shall noti’

a candidatefor elective muaicipsl office who

is on the list about the time, date, and place
of the meeting. Ic) If, at or after

a meeting scheduled under

) of this section, the commission determines
that

n candidate

for elective municipal office has not supplied required information

on

e major source

of income, interest

in real property, business interest, loan,
or trust, the commis sion will recommend
that the appropriate municipal clerk
or desig nated municipal official refuse

or return the candidate’s filing fees and filing for office and remove
the candidate’s name from the filing records. Cd) If information discovered after the withdrawal-of-candidacy deadline indicates that

a candidate

for elective municipal office has failed

to comply substantially
with the requirements

of AS 39.50

or 2 AAC 50.010—

2 AAC 50.200, the staff
of the commission
shall undertake

a preliminary investigation under

2 MC 50.460. The staff shall report

its findings

to the commission.

The commission

will determine

the appropriate penalty. (Eff. 9/9/78, Register

61; am 1/26/86, Register

97; am 7/20/95, Register 135; am 11)12001, Register 156) Authority:

AS 15.13.030

AS 39.50.050

AS 39.50.060 AS 39.60.020

3062 AAC 50.143AmIINISTKATIU,J

2AAC50.200 2 SAC 50.143. Corrected incomplete statements.

If thestaff of the commission discovers

an obvious deficiency

on the lace of

a statement,

the staff shall notify the filer of the deficiency.

If the filer corrects
the deficiency

byfiling

a statement that contains
the required information

no later than

15 ‘lays after the date of the staff’s notice, the staff (1) shall consider
the correction

to be

a fact
in mitigation

as described

in AS 39.50.135;
and (2) may not assess

a civil penalty under

2 AAC 50.110

or
2 AAC 50.135. (Eff. 7/20/95, Register 135)Authority:AS15.13.030AS39.50.060AS395)0.135AS30.50.030 2 SAC 50.145. Substantial

or continuing noncompliance.

Re pealed. (Eff. 1/26/86, Register

97; repealed 7/20/95, Register 135)Editor’snasaAsolTirgister135,Oc-50.145isboiLednt2MC50.110(c)nod2tobor1995.Lhesubstanceofformer2MCAAC50,135(j). 2 SAC 50300. Definitions.

As used

in AS 39.50 and

2 AAC 50.010—

2 AAC 50.200, unless the context requires otherwise, (1) 4 candidate” means

a candidate

for (A) state elective office; and (8) elective municipal office; (2) “child” has the meaning given

in AS 39.50.200(a); (3) “commission” means the Masks Public Offices Commission created under AS 15.13.O 2 0(a); (4) “executive branch public official” means

a public official within the definition given

in AS 39.50.200(a), except
for

a judicial officer

or a municipal officer; (5) ‘filer” means

a public official

as defined

in AS 39.50.200(a); (6) “gift” (A) means

a payment

or item
to the extent that consideration

of equal

or greater value

is not received; (B) includes U) forgiveness

of a loan, payment

of a loan by
a third party,
or an enforceable promise

to make

a payment except when full and adequate consideration

is received; (ii) the provision

of accommodations; (iii) the provision

of a ticket for travel

or for an entertainment event; (iv) the provision

of food
or beverages other than food or beverages

for immediate consumption; (v) the granting

of
a discount

or rebate not extended

to the public generally

for

a good
or service; and (vi) the provision

or loan of goods

or services

for personal

or professional

use, including office expenses connected with hold3072 AAC 50.200 Ai.asic 2ADM!NISTRATIVK
ConK

2 AAC 50.200 ing public office, unless made

in exchange

for consideration

of equal
or greater value; and (C) does not include (1)

a political contribution; (ii)

a commercially reasonable
loan made

in the ordinary course

of business

in exchange

for consideration

of equal

or greater value;

or (iii) an inheritance; (7) “judicial officer” has the meaning given

in AS 39.50.200(a),

but does not include

a judicial officer who holds

a judiciaL office for less than 30 days; (8) “municipal officer” has the meaning given

in AS 39.50.200(a); (9) “source

of income” has the meaning given

in AS 39.50.200(a); (10) “spousal equivalent”

has the meaning given

in AS 39.50.200(a); (11) “statement” means

a statement

or report

of income sources and business interests required under AS 39.50; (12) “family member” means

a spouse, spousal equivalent,

or dependent child,
or the filer’s nondependent
child who lives with the filer; (13) “public official” has the meaning given

in AS 39.50.200(a). ir. 9/9/78, Register

67; am 7/20/95, Register
135; am 11112001, Register 156) Authority:

AS 15.13.030

AS 39.50.050ALASK

AD INISTRATIVE CODE Title

2 AdministrationAPRIL2005SUPPLEMENTINCLUDINGREGISTERS164THROUGH173 I LexisNexis[0456-462 AAC 50.010 ADMINISTRATIVE
CODE SUPPLEMENT

2 AAC 50.025 Chapter

50. Alaska Public Offices Commission: Conflict

of Interest, Campaign Disclosure, Legislative Financial Disclosure,

and Regulation

of Lobbying. Article 1. Public Official Financial Disclosure

(2 AAC 50.010 —2 MC 60.200) 2. Campaign Disclosure

(2 AAC 50.250—
2 AAC 50.405) 3. Masks Public Offices Commission Complaints

and Investigations

(2 AAC 60.450— 2 AAC 50.470) 5. Legislative Financial Disclosure

(2 AAC 50.705—

2 AM] 50.890) 6. General Provisions

(2 AAC 50.905—

2 A.AC 50.920) Article

1. Public Official Financial Disclosure. Section

Section 10. Reporting sources

of income from re- 100. Exemption from reporting name
of tail businesses

individual

as
a source

of income 25. Reporting sources

of income from 102. Commission consideration

of exemp rental property

tion requests 75. Reporting sources

of income from 200. Definitions 2 SAC 50.010. Reporting sources

of income from retail busi nesses. For the purposes

of reporting

a source

of income under AS 39.50.030(b),

a ifier shall report the name (1) and address

of a source

of income that

is a retail business;
and (2) of a customer

of a retail business that

is a source

of income,

if the customer (A) conducted business with the retail business through

a line of credit that extended through two or more billing cycles; (B) had an ongoing contract

to purchase goods
or services from the retail business;

or (C) paid the retail business more than $5,000
for

a good
or service ter receiving

a discount that was not available

to the general public. (Eff. 8/20/75, Register

55; am 5/16/76, Register

58; am 1/26/86, Register

97; am 7/20/95, Register 135; am 1/112001, Register 156; am 2/20/2005, Register 173) Authority:

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 SAC 50.025. Reporting sources

of income from rental prop erty. For the purposes

of reporting

a source

of income under AS 39.50.030(b)
from rental property located (1) within the state,

a ifier shall report the name
of a person that paid more than $5,000

in rent during the preceding calendar year; and2 AAC 50.075 ADMINISTRATION

2 AAC 50.100 (2) outside the state and managed

by

a (A) filer or the filer’s family member,
the filer shall report the name
of
a person that paid more than $5,000

in rent during the preceding calendar year;
or (B) person other than

a filer or the filer’s family member,
the filer shall report the name
of the manager. (Eff. 7/20/95, Register 135; am 1/112001, Register 156; am 2/20/2005, Register 173) Authority:

AS 15.13.030

AS 39.50.030

AS 39.50.050 2 SAC 50.075. Reporting sources of income from gifts. For the purposes

of reporting

a source

of income under AS 39.50.030(b),

a filer shall report the name
of the donor
of a gift or
a series
of gifts
if the (1) value
of the gift or the cumulative value
of the series
of gifts from the donor

is over $250; (2) gift or series of gifts

is received

by the filer or the filer’s family member; and (3) donor

is not related

to the recipient

as
a spouse, domestic partner, parent, child, sibling, grandparent,
aunt, uncle, niece,

or nephew. (Elf. 7/20/95, Register 135; am 111/2001, Register
156; am 2/20/2005, Register 173) Authority:

AS 15.13.030

AS 39,50.030

AS 39.50.050 2 SAC 50.100. Exemption from reporting name
of individual as
a source

of income.

(a) A filer who seeks
an exemption from the requirement

to report the name

of

a source

of income under AS 39.50.030(b)

or
2 AAC 50.010—

2 AAC 50.200 shall request
the exemption from the commission. (b) ‘Lb request

an exemption under
(a) of this section,

a ifier shall file a written request
for exemption with the statement

for which the exemption

is requested.
The written request
for exemption must be on a form prescribed

by the commission

and must, for
a name for which
an exemption

is requested, (1) state the facts that support
the exemption;

and (2) identil’
the exemption circumstances under
(c)— (j) of this section that applies

to the request. (c) A ifier may request

a mental health practice exemption

if during the preceding calendar year the (1) filer or the ifier’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation

in which

a mental health practitioner, including

a psychiatrist, psychologist,

or therapist, worked; (2) source

of income was an individual
who received mental health services from the mental health practitioner

and 612AAC50.100ADMINISTRATIVECODESUPPLEMENT2AAC50.100(3)incomewas receivedaspaymentforthementalhealthservices.(d)Afilermayrequestasensitivemedicalpracticeexemptionifduringtheprecedingcalendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)atleast67percentofthepatientsofthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporationconsistedofindividualswho(A)receivedmedicalservicesrelatedtoabortion,contraception,reproductivehealth,asexualdisorder,oraterminalillnessfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(B)were minors,andwho,unknowntotheirparentsorlegalguardians,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or(C)weremarried,andwho,unknowntotheirspouses, receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(3)thesourceof incomewasanindividualwhoreceivedmedicalservicesofanynaturefromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;and(4)theincomewasreceivedaspaymentforthemedicalservices.(e)Afilermayrequestasensitivemedicalprocedureexemptionifduringtheprecedingcalendaryearthe(1)filerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)sourceofincomewasanindividualwhoreceivedmedicalservicesrelatedtoabortion,contraception,reproductivehealth,asexualdisorder,oraterminalillnessfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;and(3)incomewasreceivedaspaymentforthemedicalservices.(0Afilermayrequestanembarrassingmedicalprocedureexemptionifduringtheprecedingcalendaryear(1)thefilerorthefiler’sfamilymemberwasanowner,partner,orshareholderinasoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;(2)thesourceofincomewasa(A)minorwho,unknowntoaparentorlegalguardianoftheminor,receivedmedicalservicesfromthesoleproprietorship,partnership,limitedliabilitypartnership,professionalcorporation,orcorporation;or622 AAC 50.100 ADMINISTRATION

2 AAC 50.100 (B) married individual
who, unknown

to the individual’s spouse, received medical services from the sole proprietorship, partnership, limited liability partnership, professional corpora tion,
or corporation; (3) the income was received

as payment

for the medical services; and (4) reporting
the name
of the source
of income would tend
to cause a reasonable person

in the situation

of the source

of income substan tial concern, anxiety,

or embarrassment. (g) A filer may request

a legal services practice exemption

if during the preceding calendar year (1) the filer or the filer’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation where
an attor ney worked; (2) at least
67 percent

or more
of the clients

of the sole proprietor ship, partnership, limited liability partnership, professional corpo ration,

or corporation consisted

of individuals
who were (A) minors, and who, unknown

to their parents

or legal guard ians, received professional legal services from the attorney;

or (B) married,
and who, unknown

to their spouses, received professional
legal services from the attorney; (3) the source

of income was an individual
who received legal services

of any nature from the sole proprietorship, partnership, limited liability partnership, professional corporation,

or corpora tion; and (4) the income was received

as payment

for the professional
legal services. (h) A filer may request

a legal services exemption

if (1) the filer or the filer’s family member was an owner, partner,

or shareholder

in
a sole proprietorship, partnership, limited liability partnership, professional corporation,

or corporation where
an attor ney worked; (2) the source

of income was

a (A) minor who, unknown

to
a parent

or legal guardian

of the minor, received professional
legal services from the attorney,

or (B) married individual who, unknown

to the individual’s spouse, received professional legal services from the attorney; (3) the income was received

as payment

for the professional legal services; and (4) reporting
the name
of the source

of income would tend
to cause a reasonable person

in the situation

of the source of income substan tial concern, anxiety,

or embarrassment. (i) A filer may request

a filer prohibition exemption

if the filer

is prohibited

by law from reporting the name
of a source

of income. 632 AAC 50.102 ADMINISTRATIVE
CODE SUPPLEMENT

2 AAC 50.102 U) A filer may request

a right
of source exemption

if the filer believes that reporting
the name
of a source

of income would violate

a right
of the source under the state
or federal constitution. (k)
A filer may request

a HIPAA exemption

if the filer believes that reporting

the name
of
a source

of income would disclose protected health information
that the filer
is prohibited from disclosing under
42 U.S.C. 1320d- 1320d-8 (Health Insurance Portability
and Accountabil ityAct(HIPAA)of1996).(Eff.

9/9/78, Register

67; am 5(14/80, Register 74; am 1/26/86, Register

97; am 7/20/95, Register
135; am 1/112001, Register
156; am 2/20/2005, Register 178) Authority:

AS 15.13.030

AS 39.50.035

AS 39.50.050 AS 39.50.030 2 SAC 50.102. Commission consideration

of exemption

re quests.

(a) For an exemption circumstance under

2 AAC 50.100(c), (d), (e), (g), (i), or (lQ, and no later than 30 days after the commission receives

a written exemption request that complies with

2 AAC 50.100(b),

the staff of the commission shall (1) grant the request,

if the facts stated

in the request satis& the exemption circumstance
upon which the request relies; and (2) send
to the filer,
at the address

on file with the commission,

a written notice
of the staff’s decision

to grant
or deny the exemption. (b) If under
(a) of this section the staff of the commission grants

a request,
the filer need not report the name
of the source

of the income for which the request

is made.

If the staff denies the request,
the filer shall,
no later than 30 days after the date of the staff’s written notice under
(a) of this section, (1) report the name
of the source

of income

as required under AS 39.50.030;

or (2) file with the commission

a notice
of appeal, which (A) must contain the information described

in 2 AM] 50.100(b); (B) must explain why the filer believes that the staff erred
in denying
the filer’s request
for exemption;

and (C) may include additional information
that the filer considers appropriate. (c) If the filer does not file

a timely written notice
of appeal under
(b) of this section, the decision

by the staff of the commission

is final, and may not be appealed

to the commission. (d) If the filer files

a timely notice
of appeal under
(b) of this section, the commission

wiil hear the appeal

at the next scheduled meeting

of the commission, unless the commission,

in its discretion, finds good cause

to hear the appeal

at
a different meeting.

At the hearing,

an attorney may represent

the filer. Unless the commission provides otherwise,

the filer shall present the filer’s case first, and the staff of the commission
shall present

its case next. After the hearing,
the commission

will grant
or deny the request
for an exemption. 642 AAC 50.102 ADMINISTRATION

2 AAC 50.102 (e) For an exemption circumstance under

2 AAC 50.100(f),

(h), or (j), and no later than 30 days after the commission receives

a written exemption request that complies with

2 AAC 50.100(b),

the staff of the commission shall (1) determine whether
the facts stated

in the request sati$’ the requirements

of the exemption circumstance
upon which the request relies; (2) make

a preliminary finding, which recommends

that the commission grant
or deny the request; (3) send
to the filer,
at the address

on file with the commission,

a written notice
of the preliminary finding; and (4) submit the preliminary finding

to the commission

for action under

(0 of this section. U) After the staff of the commission

has submitted

a preliminary finding made under
(e) of this section, the commission

will (1) review the preliminary finding

at the next scheduled meeting of the commission, unless the commission,

in its discretion, finds good cause

to review the finding

at
a different meeting and (2) accept, reject,

or modi& the preliminary finding. (g) No later than 30 days after reviewing

a notice
of appeal under (d) of this section

or
a preliminary finding under

(0 of this section,
the commission

will send
to the filer,
at the address

on file with the commission, written notice
of the commission’s
final decision and an order granting

or denying
the request
for exemption. (h) If under
(g) of this section the commission (1) grants

a request
for exemption,

the filer need not report the name
of the source

of income; and (2) denies

a request
for exemption,

the filer shall (A) report the name
of the source

of income

as required under AS 39.50.030

no later than 30 days after the date of the commis sion’s order,

or (B) ifie

a notice
of appeal under AS 44.62.560. (i) If while considering

a request
for exemption

the commission

or the staff of the commission determines
that information
that the commission

or the staff has received

is protected

by
a state
or federal constitutional
right
or is legally privileged,

the commission

and the staff will keep the information confidential, without regard

to whether the filer claims the right
or privilege. (j) A filer does not violate
AS 39.50

or
2 AAC 50.010—

2 AAC 50.200 for failure

to report the name
of a source

of income

if the filer has requested

an exemption under

2 AAC 50. 100 and (1) the commission

has not issued

a written final decision and order regarding

a preliminary finding that the staff of the commiq sion has submitted under
(e) of this section;

or (2)

a notice
of appeal that the ifier has submitted under
(b) or (h) of this section

is under review. (Eff. 7/20/95, Register
185; am 2(20(2005, Register 173)

652 AAC 50.200ADMINISTRATIVE
ConESUPPLEMENT

2 AAC 50.200Authority:AS15.13.030

AS39.50.035AS39.50.050AS39.50.030 2 AAC 50.200. Definitions.

As used

in AS 39.50 and

2 AAC 50.010—
2 AAC 50.200, unless the context requires otherwise, (1) “candidate” means

a candidate

for (A) state elective office; and (B) elective municipal office; (2) “child” has the meaning given

in AS 39.50.200(a); (3) “commission” means the Alaska Public Offices Commission created under AS 15.13.020(a); (4) “executive branch public official” means

a public official within the definition given

in AS 39.50.200(a), except for

a judicial officer

or a municipal officer; (5) “filer” means

a public official

as defined

in AS 39.50.200(a); (6) “gift” (A) means

a payment

or item
to the extent that consideration

of equal

or greater value

is not received; (B) includes (i) forgiveness

of a loan, payment

of a loan by
a third party,

or an enforceable promise

to make

a payment except when flaIl and adequate consideration

is received; (ii) the provision

of accommodations; (iii) the provision

of a ticket for travel

or for an entertainment event; (iv) the provision

of food
or beverages other than food
or beverages

for immediate consumption; (v) the granting

of a discount

or rebate not extended

to the public generally

for

a good or service; and (vi) the provision

or loan of goods
or services
for personal

or professional

use, including office expenses connected with hold ing public office, unless made

in exchange

for consideration

of equal
or greater value; and (C) does not include (i)

a political contribution; (ii)

a commercially reasonable
loan made

in the ordinary course

of business

in exchange

for consideration

of equal

or greater value;

or (iii) an inheritance; (7) “judicial officer” has the meaning given

in AS 39.50.200(a),

but does not include

a judicial officer who holds

a judicial office for less than 30 days; (8) “municipal officer” has the meaning given
in AS 39.50.200(a); (9) “source

of income” has the meaning given

in AS 39.50.200(a); (10) repealed 2/20/2005; (11) “statement” means

a statement

or report

of income sources and business interests required under AS 39.50; 66.2AAC50.250ADMINISTRATION2AAC50.250(12)“familymember”meansaspouse,domesticpartner,ordependentchild;(13)“publicofficial”hasthe meaninggiveninAS39.50.200(a).(14)“domesticpartner”hasthemeaninggiveninAS39.50.200(a).(Eff.9/9/78,Register67;am7/20/95,Register135;am11112001,Register156;am2/20/2005,Register178)AuthoritylAS15.13030AS39.50.050

# ATTACHMENT # 2

# ALASKA ADMINISTRATIVE CODE

TITLE 9- LAW Chapter 52
. Executive Branch Code of Ethics

Register 1 31
October 1994
with April 2005 Supple ment Including Registers 132 through 173

Published by Butterworth Legal Publishers
&
Lexis Nexis9 A,AC 52.010

LAW

9 AAC 52.040 CHAPTER

52. EXECUTIVE BRANCH CODE OF ETHICS.
110, Ethics files 120. Declaration

of potential violation

by member

of

a board

or commission 130, Designated supervisor’s report 140. Complaints 150, Personnel board notification 160. Confidentiality 170. Civil penalties

for multiple violations 180. Attorney general review

of agency policies 990. Definitions 9 AAC 52.010. APPEARANCE

OF IMPROPRIETY.

An appear ance
of impropriety
does not establish that an ethical violation exists. (Iff. 4/25/94, Register
130) Authority:

AS 39.52.110

AS 39.52.950 9 AAC 52.020. IMPROPER MOTIVATION.

A public officer may not take or withhold official action
on

a matter

if the action

is based
on an improper motivation.
(Eff. 4/24/94, Register
130) uthority:

AS 39.52.110

AS 39.52.950 9 AAC 52.030. WHEN MEMBERSHIP

IS SIGNIFICANT.

(a) If a public officer

is required

by statute

to be
a member

of a class and the public officer takes
or withholds official action

in
a matter that affects all members

of that class, the action

is not

a violation

of the Ethics Act or this chapter unless the officer receives significant financial

or per sonal benefit from the action

or takes
or withholds

the action based
on an improper motivation. (h) A public officer’s interest

in
a matter

by reason

of the officer’s membership

in
a large organization

or class

is significant

if the officer or an immediate family member

of the officer has

a significant personal financial interest

in the matter. (Eff. 4/24/94, Register
130) Authority:

AS 39.52.110

AS 39.52.950 9 AAC 52.040. UNWARRANTED BENEFITS

OR TREATMENT. (L) As used

in AS 39.52.120(a), “unwarranted benefits

or treatment” incLudes

Section Section ID. Ap’aranco

01 impropriety 20.

I npriqwr motivation 10. When membership

is significant ‘10. Unwarranted benefits

or treatment r.a. Use of state time, property, equip ment,
or other facilities 60. Gifts 70. Information disseminated

to the pub lic SO. State grants, contracts, leases, and loans 90. Outside employment

or service IlK). Restrictions

on employment
after leaving state service9kAC52.050ALASKAADMINISTRATIVECODE9AAC52.060(1)adeviationfromnormalproceduresfortheawardofabenefit,regardlessofwhethertheprocedureswereestablishedformallyorinformally,ifthedeviationisbasedontheimpropermotivation;and(2)anawardofabenefitifthepersonreceivingthebenefitwassubstantiallylessqualified,inlightoftheformalorinformalstandardssetoutfortheaward,thananotherpersonwhowasorreasonablyshouldhavebeenconsideredfortheawardiftheawardisbasedonanimpropermotivation.(b)Apublicofficermaynotgrantorsecureanunwarrantedbenefitortreatment, regardlessofwhethertheresultis inthebestinterestofthestate.(c)SubjecttotherequirementsofAS39.52.110,39.52.120,39.52.150,andAS39.90.020,neithertheEthicsActnorthischapterprohibitsapublicofficerfrom(1)consideringapersonwhohasarelationshipwithanofficerforastatecontractorjobifthepersonisconsideredonanequalbasiswithotherapplicants;or(2)consideringanindividual’spoliticalaffiliationor politicalsupportindeterminingwhethertoappointtheindividualtoastateboardorcommissionortohiretheindividualforanexemptorpartiallyexemptstatejob.(Eff.4/24/94,Register130)Authority:AS39.52.120AS39.52.9509AAC52050.USEOF’STATETIME,PROPERTY,EQUIPMENT,OROTHERFACILITIES.Apublicofficerwhousesstatetime,property,equipment,orotherfacilitiestobenefittheofficer’spersonalorfinancialinterestisnotinviolationofAS39.52.120(b)(3)iftheofficer’sdesignatedsupervisordeterminesthattheuseisinsignificant,theattorneygeneralhasnotissuedageneralopinionagainsttheuse, andtheattorneygeneraldoesnotadvisetheofficeragainsttheuse.(Eff.4/24/94,Register130)Authority:AS39.52.110AS39.52.120AS 39.52.9509AAC52.060.GIflS.(a)AsusedintheEthicsActandthischapter,agiftisatransferorloanofpropertyor provisionofservicestoapublicofficerfor lessthanfullvalue.Unlessrebuttedbyotherevidence, andoccasionalgiftworth$50or lessispresumednottobegivenundercircumstancesinwhichitcouldbereasonablyinferredthatthegiftisintendedto influenceanofficer’sperformanceofofficialduties,actions,orjudgment.(b)ForpurposesofAS39.52.130,travelorlodgingofanyvaluereceivedbyapublicofficerinconnectionwithatripthatthepublicofficertakesaspartoftheofficer’sofficialdutiesisnotanimpropergift409AAC52.070LAW9AAC 52.080ifthemonetaryvalueofthetravelorlodgingiscomparabletothecostthatthestatewouldhave hadtopay forthetravelorlodgingand(1)theheadoftheofficer’sagencydeterminesthatthegiftistothestate,nottotheofficer;or(2)thetravelorlodgingisincidentaltransportationbyorhospitalSityattheresidenceofanindividual.(Eff.4/24/94,Register130)Authority:AS39.52.130AS39.52.9509AAC52.070.INFORMATIONDISSEMINATEDTOTHEPUBLIC.(a)ForpurposesofAS39.140,informationhasbeendisseminatedtothepublicifithasbeenpublishedthroughnewspaperpublication;broadcastmedia;apressrelease;anewsletter;alegalnotice;anonconfidentialcourtfiling;apublishedreport;apublicspeech;orpublictestimonybeforethelegislature,aboard,oracommission.(b)Informationthatisavailabletothepublicbutthathasnotbeenpublishedasdescribedin(a)ofthissectionhasnotbeendisseminatedtothepublic.(Eff.4/24/94,Register130)Authority:AS39.52,140AS39.52.9509AAC52.080.STATEGRANTS,CONTRACTS,LEASES,ANDLOANS.(a)ForpurposesofAS39.52.150(b),astategrant,contract,orleaseiscompetitivelysolicitedifthegrant,contract,orlease(1)isawardedbycompetitivesealed biddingunderAS36.30.100—36.30.190orcompetitivesealedproposalsunderAS36.30.200—36.30.270;or(2)isawardedbyproceduressubstantiallysimilartocompetitivesealedbiddingorcompetitivesealedproposalsandAS36.30doesnotapplytotheawardingofthegrant,contract,orlease.(b)Ifastategrant,contract,lease,orloanisawardedbyorforapubhccorporation,board,orcommissionwithinadepartmentbutnotbyorfortheofficeofthecommissionerofthatdepartment,thenanemployeeoftheofficeofthecommissionerinthatdepartmentisnotconsideredtobeemployedbytheadministrativeunit awardingthegrant,contract,lease,orloan.(c)ForpurposesofAS 39.52.150(b)(,1),ifthepublicofficer wasnotemployedbytheadministrativeunitatthetimeastategrant,contract,urleasewascompetitivelysolicited,theofficer’ssubsequentemploymintbythatadministrativeunitdoesnotconstituteaviolationofAS39.52.150unlesstheofficertakesorwithholdsofficialactionwithrespecttotheadministrationofthegrant,contract,orlease.(d)ForpurposesofAS39.52.150(c),aloanisnotsubjecttofixedeligibilitystandardsiftheawardoftheloanissubjecttoreviewforulequacyofsecurityorotherdiscretionaryjudgmentconcerningrepaymentability.(Eff.4/24/94,Register130)419AAC 52.090ALASKAADMINISTRATIVECODE9AAC52.120Authority:AS39.52.150AS39.52.9509AAC52.090.OUTSIDEEMPLOYMENTORSERVICE.ForpurposesofAS39.52.170,apublicemployee’soutsideemploymentorservice,includingvolunteerservice,isincompatibleorinconflictwiththeproperdischargeofofficialdutiesiftheemployee’sdesignatedsupervisorreasonablydeterminesthattheoutsideemploymentorservice(1)takestimeawayfromtheemployee’sofficialduties;(2)limitsthescopeoftheemployee’sofficialduties;or(3)isotherwiseincompatibleorinconflictwiththeproperdischargeoftheemployee’sofficialduties.(Eff.4/24/94,Register130)Authority:AS39.52.170AS39.52.9509AAC52.100.RESTRICTIONSONEMPLOYMENTAFTERLEAVINGSTATESERVICE.(a)ForpurposesofAS39.52.180(a),“matter”doesnotincludethegeneralformulationof policy byapublicofficial.(b)ForpurposesofAS39.52.180(a),routine processingofdocuments,generalsupervisionofemployeeswithoutdirectinvolvementinamattei;orministerialfunctions notinvolvingthemeritsofamatterunderconsiderationbyanadministrativeunitdonotconstitute personalorsubstantialparticipationinamatterbyapublicofficer.(Eff.4/24/94,Register130)Authority:AS39.52.180AS39.52.9509AAC52.110.ETHICSFILES.(a)AdesignatedsupervisorshallmaintainanethicsfilecontainingEthicsActreports,advisoryopinions,advisoryopinionrequests,complaints,disclosures,anddeterminationsrelevanttothatsupervisor’sagency oradministrativeunit.(b)AdesignatedsupervisorshallsegregateconfidentialmaterialFfromotherethicsfilematerialthatisavailable forpublicinspection.(c)Anexecutivedirectorofaboardorcommissionmaymaintaintheethicsfileofthechairoftheboardorcommission.Theethicsfileofthechairofaboardorcommission maybecombinedwiththeethicsfileofthedesignatedsupervisorofthestaffoftheboardorcommission.(Eff.4/29/94,Register130)Authority:AS39.52.210AS39.52.230AS39.52.220AS39.52.9509AAC52.120.DECLARATIONOFPOTENTIALVIOLATIONBYMEMBEROFABOARDORCOMMISSION.(a)AdeclarationbyamemberofaboardorcommissionofthefactsandcircumstancesaboutamatterthatmayresultinaviolationofAS39.52.110—429AAC52.130LAW9AAC52.110AS39.52.190orthischaptermayserveasthedisclosureinwritingtothedesignatedsupervisorrequiredbyAS39.52.220if(1)the declarationismadeatarecordedpublicmeetingofeachboardandcommissiononwhichthememberserves;(2)atapeortranscriptofeachmeetingispreservedinaccordancewiththerecordsretentionscheduleoftheboardorcommission;and(3)amethodforidentifyingeachportionoftapeortranscriptcontainingthedeclarationisusedandtheidentificationsarepreserved.(b)AmemberofaboardorcommissionwhotakesorwithholdsanactionthatviolatestheEthicsActorthischapterwillnotbeheldliableundertheEthicsActfortheactionif(1)theactionistakenorwithheldinaccordancewithadetermination bythechairasdesignatedsupervisorortheboardundertheproceduressetoutinAS39.52.220;(2)thememberfullydisclosesallfactsreasonablynecessarytothedeterminationofthechairortheboard;and(3)theattorneygeneralhasnotadvisedthemember,chair,board,orcommissionthattheactionviolatestheEthicsActorthischapter.(Eff.4/29/94,Register130)Authority:AS39.52.220AS39.52240(d)AS39.52.9509AAC52.130.DESIGNATEDSUPERVISOR’SREPORT.(a)AdesignatedsupervisorshallsubmitthequarterlyreportdescribedinAS39.52.260duringthe45daysfollowingtheendofeachcalendarillutrter.(b)Anexecutivedirectorofaboardorcommissionmayfileaquarterlyreportonbehalfofthechairoftheboardorcommission.Thequarterlyreportfiledonbehalfofachairandthequarterlyreportofadesignatedsupervisorofthestaffofaboardorcommissionmaybecombinedintoonereport.(c)Ifaboardorcommissiondoesnotmeetduringacalendarquarter,andthedesignatedsupervisoroftheboardorcommissionnotifiestheattorneygeneralthatnomeeting,oractivityreportabletindertheEthicsActorthischapter,occurredduringthecalendarquarter,thanneitherthechairnorthedesignatedsupervisorofthestaffmustfileareportfortheboardorcommissionforthequarter.(Eff.4/24/94,Register130)Authority:AS39.52.260AS39.53.9509AAC52.140.COMPLAINTS.(a)Theattorneygeneralwill,intheattorneygeneral’sdiscretion,conductapreliminaryethicsinvestigationbeforeinitiatingoracceptingacomplaint.Apreliminaryethicsinvestigationandinformationdiscoveredinthecourseofapreliminary439 AAC 52.150 ALASKA ADMINISTRATIVE

CODE

9 AAC 52.160 ethics investigation

is confidential

to the same extent

as information discovered

in an ethics investigation conducted after the acceptance

of a complaint. (b) The attorney general will,
in the attorney general’s discretion, refer

a complaint

to the subject’s designated supervisor under AS 39.52.310(e)

and,
at the same time, accept the complaint

for an ethics investigation under AS 39.52.310(0

and (g). (c) If the attorney general refers

a complaint under AS 39.52.310(e) and the designated supervisor determines
that

a violation

of the Ethics Act or this chapter
has occurred,

the designated supervisor shall forward those findings

to the attorney general
for review under AS 39.52.310— AS 39.52.350. (d) If an ethics complaint does not allege

a violation

of the Ethics Act or this chapter

by the governoi; lieutenant governor;

or attorney general but,
in the course

of an ethics investigation, evidence

of

a potential violation

by the governol; -lieutenant governol;

or attorney general

is discovered,
then the attorney general will refer the matter

to the personnel board. The personnel board shall retain independent counsel

in the same manner

as if the complaint initially alleged those violations. (Eff. 4/24/94, Register
130) Authority:

AS 39.52.310

AS 39.52.950 9 AAC 52.150. PERSONNEL BOARD NOTIFICATION.

If inde pendent counsel appointed under AS 39.52.310(c) recommends action under AS 39.52.330,

the independent counsel shall notify the personnel board that action

to correct

or prevent

a violation

of the Ethics Act or this chapter has been recommended.

(Eff. 4/24/94, Register
130) Authority:

AS 39.52.330

AS 39.52.950 9 AAC 52.160. CONFIDENTIALITY.

(a) The attorney general will keep confidential

the information obtained

in the course

of an ethics investigation
that

is not relevant

to an accusation

or subsequent ethics proceedings. (b) The attorney general will,
in the attorney general’s discretion, forward information obtained

in the course

of an ethics investigation

to the subject’s designated supervisor

or other appropriate superior
for potential disciplinary action under
AS 39.52.420. Information

for warded under this subsection remains confidential,

and the subject’s designated supervisor

or other appropriate superior may share the information
only with

a person who needs

to know the information

to consider potential disciplinary action. (c) A subject may not partially waive the confidentiality protection

of AS 39.52.840

or this chapter. (d) Nothing

in AS 39.52.340

or this section prevents

a person from disclosing

to
a third person information

the person learned indepen 441) AAC 52.170

LAW

9 AAC 52.990 (lent
of the investigation conducted

by the attorney general, unless prohibited

by other laws. (e) Nothing

in this section prevents either the attorney general from withholding

or

a person From objecting

to the release

of information

or materials

in the possession

of the attorney general

on

a legal ground otht’r

th LH 1)110 prov

U loll by AS 39.52.340. (f) If, after
an ethics investigation,

the attorney general does not initiate formal proceedings,
then information

anti material discovered in the course

1)1 the ethics investigation,

as well
as the existence

of the ethics investigation,
must remain confidential unless disclosure

is oth erwise permitted under the Ethics Act or this chapter. (g) If tile Lttorney general determines
that

a crime may have been committed

or may be committed,

the attorney general will,

in the attorney general’s discretion, release information obtained

in
a confi dential ethics matter

to an appropriate

law enforcement agency. (Eff. 4/24/94, Register
130) Authority:

AS 3952.340

AS 39.52.420

AS 39.52.950 9 AAC 52.170. CIVIL PENALTIES
FOR MULTIPLE VIOLA TIONS.

If one act violates more than one provision

of the Ethics Act, a civil penalty may be imposed

for each provision violated.

A civil penalty may be imposed each time

a provision

of the Ethics Act

is violated. (Eff. 4/24/94, Register
130) Authority:

AS 39.52.440

AS 39.52.950 9 AAC 52.180. ATTORNEY GENERAL REVIEW

OF AGENCY POLICIES.

The attorney general will approve

a written policy (IC scribed

in AS 39.52.920

if it is consistent with and furthers
the purposes of the Ethics Act and this chapter.

As

a condition

of approval,

the attorney genera] will require that the policy
be distributed

to employ- ees of the agency and to new employees

of the agency upon employ ment, and require that the policy
be centrally posted

in the agency’s offices. (Eff. 4/24/94, Register
130) Authority:

AS 39.52.920

AS 39.52.950 9 AAC 52.990. DEFINITIONS.

(a) In AS 39.52.419, “blind trust’ ineansatnist established tinder AS 39.50.040. (b) In the Ethics Act and
in this chapter (I) “hoard

or commission”

has the meaning given

in AS 39.52.960 and does not include

an entity created 111111cr only

a federal statute

or other non—state action; (2) “Ethics Act” means Alaska Executive Branch Ethics Act (AS 39.52);

45

# 9 AAC 52.990 ALASKA ADMINISTRATIVE



# CODE

9 AAC 52.990 (3) “executive director” includes

an executive secretary

to
a board or commission under AS 08 or the marine pilot coordinator under AS 08.62.050; (4) “improper motivation” means

a motivation

not related

to the best interests

of the state, and includes giving primary consideration to

a person’s (A) kinship

or relationship
with

a public officer; (B) financial association
with

a public officer; (C) potetial

for conferring

a future benefit

on

a public officer;

or (D) political affiliation; (5) “person”
has the meaning given

in AS 39.52.960
and includes governmental entities; (6) “personal gain” means

a benefit

to

a person’s

or immediate family member’s personal interest

or financial interest; (7) “public employee”

has the meaning given

in AS 39.52.960
and includes

a permanent employee

of an agency

on non-seasonal
leave without pay status, but does not include

an individual

on layoff status, a seasonal employee

of an agency during the period

of time that the employee

is not employed

by the agency,

or

a temporary employee

of an agency during the period

of time that the employee

is not em ployed

by the agency; (8) “state contract” includes employment
with the state, regardless of whether that employment

is evidenced

by

a written agreement, but does not include

a license

or other authorization
from the state
to do business

or to perform

a particular activity

in the state; and (9) “subject” means

an individual
who either (A)
is being investigated

for

a potential violation

of the Ethics Act or this chapter;

or (B)
is the individual against whom

a complaint

is filed under the Ethics Act or this chapteit (Eff. 4/24/94, Register 130) Authority:

AS 39.52.120(a)

AS 39.52.950 AS 

# 29.52.410

AS 39.52.960



# I

# ALASKA ADMINISTRATIVE CODE Title

9 Law APRIL 2005 SUPPLEMENT INCLUDING REGISTERS

132 THROUGH

173 

# LexisNexis 40470-349 AAC 52.010ADMINISTRATIVECODESUPPLEMENT

9 AAC 52.070 Chapter

52. Executive Branch Code
of Ethics.SectionSection10.Appearanceofimpropriety110.Ethicsfiles60.Gifts120.Declarationofpotentialviolationby70.Informationdisseminatedtothememberofaboardorcommissionpublic 9 AAC 52.010. Appearance

of impropriety.

An appearance

of impropriety
does not establish that an ethical violation exists. (Efi’. 4/24)94, Register 130)Publisher’snote:ThehistorylinefordirectionsfromtheDepartmentofLaw,inthisregulationissetoutabove,as ofordertocorrecttheeffectivedate,Register135(October1995),pursuantto 9 AAC 52.060. Gifts.

(a) As used
in the Ethics Act and this chapter,

a gift
is a transfer

or loan of property

or provision

of services to
a public officer for less than iiLill value. Unless rebutted

by other evidence,

an occasional
gift worth $50 or less
is presumed

not to be given under circumstances

in which

it could
be reasonably inferred that the gift
is intended

to influence

an officer’s performance

of official duties, actions,

or judgment. (b) For purposes

of AS 39.52.130, travel

or lodging

of any value received

by

a public officer

in connection with

a trip that the public officer takes

as part of the officer’s official duties

is not an improper
gift if the monetary value
of the travel

or lodging

is comparable

to the cost that the state would have had to pay for the travel

or lodging and (1) the head
of the officer’s agency determines
that the gift
is to the state, not to the officer;

or (2) the travel

or lodging

is incidental transportation

by or hospi tality

at the residence

of an individual.
(Eff. 4/24/94, Register 130)Authority:AS39.52.130AS39.52.950Publisher’snote:ThisregulationissetmentofLaw,inordertocorrectatypooutabove,as ofRegister133(April1995),graphicalerrorinthesecondsentenceinpursuanttodirectionsfromtheDepart-(a). 9 AAC 52.070. Information disseminated

to the public. (a) For purposes

of AS 39.52.140, information

has been disseminated to the public

if it has been published through newspaper publication; broadcast media;

a press release;

a newsletter;

a legal notice;

a nonconfldential

court filing;

a published report;

a public speech;

or public testimony before the legislature,

a board,

or
a commission. (b) Information
that

is available

to the public but that has not been published

as described

in (a) of this section has not been disseminated to the public. (Eff. 4/24/94, Register 130) 209AAC52.110LAW9AAC52.120Authority:AS39.52.140AS39.52.950Publisher’snote:ThisregulationissetmeatofLaw,inordertocorrectatypooutabove,asofRegister153(April2000),graphicalerrorin9AAC52.070(a).pursuanttodirectionsfromtheDepart9AAC52.110.Ethicsfiles.(Eff.4/24/94,Register130)Publisher’snote:ThehistorylinefordirectionsfromtheDepartmentofLaw,inthisregulationissetoutabove,asofordertocorrecttheeffectivedate.Register135(October1995),pursuantto9AAC52,120.Declarationofpotentialviolationbymemberofaboardorcommission.(Eff.4/24/94,Register130)Publisher’snote:ThehistorylinefordirectionsfromtheDepartmentofLaw,inthisregulationissetoutabove,asofordertocorrecttheeffectivedate.Registert35(October1995),pursuantto