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18 AAC 50.010(1)(A) is amended to read:

(A) for PM-10: a 24-hour average of 150 micrograms per cubic meter, 

with this standard being attained when the expected number of days in a calendar year 

with a 24-hour average concentration above 150 micrograms per cubic meter, as 

determined in accordance with 40 C.F.R. Part 50, Appendix K, adopted by 

reference in 18 AAC 50.035(b), is less than or equal to one [DAY];

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 4/1/2010, 

Register 193; am 9/17/2011, Register 199; am 1/4/2013, Register 205; am ___/___/____, 

Register ____)

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

AS 46.14.010

18 AAC 50.015(b)(2) is repealed:

(2) repealed ___/___/____;

18 AAC 50.015(e) is amended to read:

(e) The following areas are [AREA IS] subject to maintenance plan requirements for 

PM-10, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as 

part of the state air quality control plan:

(1) Eagle River area of Anchorage;

(2) Mendenhall Valley area of Juneau.

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

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10/10/2004, Register 171; am 12/9/2010, Register 196; am 10/6/2013, Register 208; am 

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.020(a) is amended to read:

(a) In an area designated nonattainment in 18 AAC 50.015(b), the provisions of this 

section do not apply to the nonattainment air pollutant. However, this section does apply to all 

other air pollutants listed in Table 2 in this subsection.

Table 2. Baseline Areas and Dates

Baseline Area Air Pollutant Minor Source Baseline Date

Cook Inlet Intrastate Air

Quality Control Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

PM-2.5 September 14, 2012

Nitrogen dioxide February 8, 1988

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Northern Alaska Intrastate 

Air Quality Control 

Region

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

PM-2.5 November 2, 2012 [TO BE 

ESTABLISHED UNDER 40 C.F.R. 

52.21(b)(14)(ii), ADOPTED BY 

REFERENCE IN 18 AAC 50.040(h)]

Nitrogen dioxide February 8, 1988

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South Central Alaska 

Intrastate Air Quality 

Control Region

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

PM-2.5 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h)

Southeast Alaska 

Intrastate Air Quality 

Control Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986

PM-10 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h)

PM-2.5 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h)

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

7/25/2008, Register 187; am 1/4/2013, Register 205; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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The introductory language of 18 AAC 50.030 is amended to read:

18 AAC 50.030. State air quality control plan. Volumes II and III of the State Air 

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

chapter, as amended through February 5, 2015 [FEBRUARY 22, 2013], are adopted by 

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

. . .

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000, 

Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register 

161; am 3/27/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 

6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/14/2006, Register 180; am 

12/30/2007, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187; am 

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

Register 193; am 10/29/2010, Register 196; am 4/13/2011, Register 198; am 9/17/2011, Register 

199; am 8/1/2012, Register 203; am 5/8/2013, Register 206; am 2/5/2015, Register 213; am 

___/___/____, Register ____)

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

AS 46.14.020 AS 46.14.140

18 AAC 50.035(a) is amended by adding a new paragraph to read:

(8) Quality Assurance Handbook for Air Pollutant Measurement Systems; 

Volume IV: Meteorological Measurements Version 2.0 (EPA-454/B-08-002).

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The introductory language to 18 AAC 50.035(b) is amended to read:

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

February 27, 2014 [JULY 1, 2011], are adopted by reference:

. . .

18 AAC 50.035(b)(1) is amended to read:

(1) 40 C.F.R. Part 50, Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S, and T;

18 AAC 50.035(b)(3) is repealed:

(3) repealed ___/___/____;

18 AAC 50.035(b) is amended by adding new paragraphs to read:

(5) 40 C.F.R. Part 60, Appendices A - F;

(6) 40 C.F.R. Part 63, Appendix A.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, 

Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 

176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am 

9/17/2011, Register 199; am 4/8/2012, Register 202; am 9/14/2012, Register 203; am 1/4/2013, 

Register 205; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

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The introductory language of 18 AAC 50.040(a) is amended to read:

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

Stationary Sources), as revised as of March 19, 2014 [APRIL 24, 2013], are adopted by 

reference as they apply to a Title V source:

. . .

The introductory language of 18 AAC 50.040(b) is amended to read:

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

Hazardous Air Pollutants), as revised as of February 27, 2014 [JULY 1, 2012], are adopted by 

reference as they apply to a Title V source:

. . .

The introductory language of 18 AAC 50.040(c) is amended to read:

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

Hazardous Air Pollutants), as revised as of February 27, 2014 [APRIL 24, 2013], are adopted 

by reference as they apply to a Title V source:

. . .

18 AAC 50.040(d) is amended to read:

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 22, 2013 [JULY 1, 2012],

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

18 AAC 50.040(e) is amended to read:

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.98, as revised as of July 1, 2014

[MARCH 18, 2013], as they apply to a Title V source and for purposes of a Title V permit, are 

adopted by reference.

18 AAC 50.040(f) is amended to read:

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

as revised as of July 1, 2013 [JULY 1, 2012], are adopted by reference.

The introductory language of 18 AAC 50.040(g) is amended to read:

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

Plans for Designated Facilities and Pollutants), as revised as of September 6, 2013 [JULY 1, 

2012], are adopted by reference as they apply to a Title V source:

. . .

The introductory language of 18 AAC 50.040(h) is amended to read:

(h) The following provisions of 40 C.F.R. 51.166 (Prevention of Significant 

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

Implementation Plans), as revised as of December 9, 2013 [APRIL 1, 2013], are adopted by 

reference:

. . .

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18 AAC 50.040(h)(21) is repealed:

(21) repealed ___/___/____.

The introductory language of 18 AAC 50.040(i) is amended to read:

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

as of July 1, 2013 [JULY 1, 2012], text setting out provisions that a state implementation plan 

shall or may contain is adopted by reference as follows:

. . .

The introductory language of 18 AAC 50.040(j) is amended to read:

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

July 1, 2013 [JULY 1, 2012], are adopted by reference as they apply to a Title V source, except 

as provided in 18 AAC 50.326:

. . .

18 AAC 50.040(j)(9) is repealed:

(9) repealed ___/___/____.

18 AAC 50.040(k) is amended to read:

(k) The provisions of 40 C.F.R. Part 64, as revised as of July 1, 2013 [JULY 1, 2012],

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

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(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, 

Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 

171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 

9/14/2012/ Register 203; am 1/4/2013, Register 205; am 10/6/2013, Register 208; am 11/9/2014, 

Register 212; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.215(a)(3) is amended to read:

(3) EPA's Meteorological Monitoring Guidance for Regulatory Modeling 

Applications, adopted by reference in 18 AAC 50.035(a), and the department's Quality 

Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program, 

adopted by reference in 18 AAC 50.030, for meteorological data; or

The introductory language of 18 AAC 50.215(d) is amended to read:

(d) A [TABLE 5 ESTABLISHES THE SIGNIFICANT IMPACT LEVEL, 

EXPRESSED AS MICROGRAMS PER CUBIC METER, FOR EACH POLLUTANT AND 

AVERAGING PERIOD. IF THE AMBIENT IMPACTS FROM EMISSIONS FROM A] 

stationary source or modification [ARE LESS THAN THE CONCENTRATIONS IN TABLE 5, 

THE EMISSIONS ARE NOT] will be considered to cause or contribute to a violation of an 

ambient air quality standard or maximum allowable increase for a Class II area if the source or 

modification would, at a minimum, exceed a significant impact level listed in Table 5 of this 

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subsection at any locality that does not or would not meet the applicable ambient air 

quality standard or maximum allowable increase for a Class II area. A person shall conduct 

the comparison of a modeled impact to the significant impact level as follows:

. . .

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

7/25/2008, Register 187; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 

9/17/2011, Register 199; am 9/14/2012, Register 203; am 1/4/2013, Register 205; am 

___/___/____, Register ____)

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

AS 46.14.030 AS 46.14.180

18 AAC 50.220(c)(1)(E) is amended to read:

(E) source testing for emissions of total particulate matter, sulfur 

compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, 

fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases 

must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by 

reference in 18 AAC 50.035(b) [18 AAC 50.040]; and

18 AAC 50.220(c)(2) is amended to read:

(2) emissions of any air pollutant may be determined using an alternative method 

approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, 

adopted by reference in 18 AAC 50.035(b) [18 AAC 50.040(c)]; and

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(Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 9/17/2011, Register 199; am 

9/14/2012, Register 203; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

The heading of 18 AAC 50, Article 7 is changed to read:

Article 7. Transportation Conformity.

18 AAC 50.700 is repealed and readopted to read:

18 AAC 50.700. Purpose. (a) The purpose of 18 AAC 50.700 - 18 AAC 50.750 is to 

ensure that a transportation plan, transportation improvement program, revisions to the State Air 

Quality Control Plan adopted by reference in 18 AAC 50.030, including those portions in it that

are federally approved and recognized as the state implementation plan, or other federal action 

that affects transportation within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5, or PM-10 

nonattainment or maintenance area located in the state will not hinder the attainment or 

maintenance of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally funded or federally approved; 

or

(2) the plan, program, project, or action is non-federally funded but is a 

regionally significant project that is funded, adopted, or approved by a current or prior recipient 

of funds under 23 U.S.C. (highways) or 49 U.S.C. 5301 - 5340 (public transportation).

(b) The provisions of 18 AAC 50.700 - 18 AAC 50.750 set out the policy, criteria, and 

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consultation procedures for demonstrating and assuring conformity of transportation activities 

described under (a) of this section, for inclusion in the State Air Quality Control Plan adopted by 

reference in 18 AAC 50.030. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705 is repealed and readopted to read:

18 AAC 50.705. Applicability. (a) The provisions of 18 AAC 50.700 - 18 AAC 50.750

apply to

(1) a transportation plan, transportation improvement program, or other federal 

transportation project that is

(A) located within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5,

or PM-10 nonattainment or maintenance area in the state; and

(B) funded or requires approval under 23 U.S.C. or 49 U.S.C. 5301 -

5340;

(2) a transportation plan, transportation improvement program, or other federal 

transportation project that is non-federally funded but that is a regionally significant project 

funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C.

or 49 U.S.C. 5301 - 5340; or

(3) revisions to the State Air Quality Control Plan adopted by reference in 

18 AAC 50.030, including the state implementation plan, that affect transportation.

(b) The sponsoring agency has the obligation to meet the applicable requirements of 

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18 AAC 50.700 - 18 AAC 50.750. For purposes of 18 AAC 50.700 - 18 AAC 50.750, the 

sponsoring agency is the agency that

(1) receives or manages federal money for the transportation plan, transportation 

improvement program, or other federal transportation project as described in (a) of this section;

(2) develops the transportation plan, transportation improvement program, or 

other federal transportation project as described in (a) of this section; or

(3) funds, adopts, or approves a non-federal, regionally significant project and is 

a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 5301 - 5340. (Eff. 1/4/95, 

Register 133; am 9/4/98, Register 147; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710 is repealed:

18 AAC 50.710. Transportation conformity: incorporation by reference of federal 

regulations. Repealed. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, 

Register 193; repealed ___/___/____, Register ____)

[EDITOR'S NOTE: THE REGULATIONS OF THE FEDERAL HIGHWAY 

ADMINISTRATION AND THE FEDERAL TRANSIT AUTHORITY CONCERNING 

FISCAL CONSTRAINT REFERRED TO IN 18 AAC 50.710(8) MAY BE FOUND AT 

23 C.F.R. 450.216(m), 23 C.F.R. 450.322(f)(10), AND 23 C.F.R. 450.324(h).]

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

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18 AAC 50.712. Agency responsibilities. Representatives of the department, the 

Department of Transportation and Public Facilities, metropolitan planning organizations, and 

local and regional air quality and transportation agencies recognized by the state shall undertake 

an interagency consultation process with each other and with the local or regional offices of the 

United States Environmental Protection Agency and the United States Department of 

Transportation, Federal Highway Administration (FHWA) and Federal Transit Administration

(FTA) on the development of the state implementation plan, transportation plans, transportation 

improvement programs, and associated conformity determinations in accordance with the 

responsibilities and procedures of 18 AAC 50.700 - 18 AAC 50.750 and the State Air Quality 

Control Plan, Volume II, Section III.I.3. (Eff. ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.715(a) is amended to read:

18 AAC 50.715. Interagency [TRANSPORTATION CONFORMITY: 

INTERAGENCY] consultation procedures. (a) Before issuing a final transportation

conformity determination or transportation-related state implementation plan revision under 

18 AAC 50.700 - 18 AAC 50.750 [18 AAC 50.700 - 18 AAC 50.720], the sponsoring

[RESPONSIBLE] agency described in 18 AAC 50.705(b) [18 AAC 50.705(c)(1),] shall

(1) contact the office of the local governing body to determine if that office is 

aware of any plans for construction of a regionally significant project that is not funded under 

23 U.S.C. (highways [HIGHWAYS]) or 49 U.S.C. 5301 - 5340 [49 U.S.C. 5301 - 5338], 

including any project for which alternative locations, design concept and scope, or the no-build 

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option are still being considered;

(2) prepare a preliminary interagency discussion draft, a public review draft, and 

a final draft of the conformity determination or transportation-related state implementation 

plan revision through the interagency consultation process described in (b) - (g) of this section 

with staff of

(A) the department;

(B) the local air quality planning agency or government;

(C) the [ALASKA] Department of Transportation and Public Facilities;

(D) the local transportation committee, agency, or government;

(E) any agency created under state law that sponsors or approves 

transportation projects;

(F) the United States Environmental Protection Agency;

(G) the United States Department of Transportation, Federal Highway 

Administration (FHWA);

(H) the United States Department of Transportation, Federal Transit 

Administration (FTA); [AND]

(I) the metropolitan planning organization and any other regional 

transportation planning organization; and

(J) any participant listed in the State Air Quality Control Plan, 

Volume II, Section III.I.3; and

(3) make the public review draft of the conformity determination or 

transportation-related state implementation plan revision available for public review and 

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comment as required in 18 AAC 50.720.

18 AAC 50.715(b) is amended to read:

(b) A staff member of the sponsoring [RESPONSIBLE] agency shall

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a 

preliminary interagency discussion draft of the conformity determination or transportationrelated state implementation plan revision, including necessary supporting information;

(2) ensure that all documents, including transportation-related state 

implementation plan revisions, and information relevant to the preliminary interagency 

discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participating agencies and respond in 

writing to those comments in a timely, substantive manner before making a final decision on the 

preliminary interagency discussion draft; written agency comments and written responses must 

be included in the record of any conformity decision or action or transportation-related state 

implementation plan revision.

18 AAC 50.715(c) is amended to read:

(c) In preparing the preliminary interagency discussion draft, a staff member of the 

sponsoring [RESPONSIBLE] agency shall consult with the staff of the agencies listed in (a)(2) 

of this section to

(1) evaluate and choose a traffic demand [AND REGIONAL EMISSIONS] 

model[,] and associated methods and assumptions to be used in a hot-spot analysis or a regional 

emissions analysis;

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(2) determine which minor arterials and other projects should be considered 

regionally significant projects for purposes of a regional emissions analysis, in addition to those 

functionally classified as principal arterial or higher or fixed guide-way systems or 

extensions that offer an alternative to regional highway travel;

(3) determine which projects should be considered to have a significant 

change in design concept and scope from the transportation plan or transportation 

improvement program [REGIONALLY SIGNIFICANT PROJECTS AS DEFINED IN 40 

CFR 93.101, ADOPTED BY REFERENCE IN 18 AAC 50.710];

(4) [(3)] discuss whether a project that is otherwise exempt from the requirements 

of 18 AAC 50.700 - 18 AAC 50.750 [18 AAC 50.700 - 18 AAC 50.720] under 40 C.F.R. 

93.126 and 93.127, revised as of July 1, 2013 and [40 C.F.R. 93.126 AND 40 C.F.R. 93.127,] 

adopted by reference [IN 18 AAC 50.710], should be treated as nonexempt if potential regional 

emissions impacts or other adverse emissions impacts might exist for any reason;

(5) [(4)] determine, as required under [BY] 40 C.F.R. 93.113(c)(1), revised as of 

July 1, 2013 and adopted by reference [IN 18 AAC 50.710], whether past obstacles to 

implementation of a transportation control measure [(TCM) DEFINED IN 40 C.F.R. 93.101, 

ADOPTED BY REFERENCE IN 18 AAC 50.710,] that is behind the schedule established in the 

state implementation plan have been identified and are being overcome, and whether state and 

local agencies with influence over approvals or funding for transportation control measures

[TCMs] are giving maximum priority to approval or funding for transportation control 

measures to be initiated by the sponsoring agency in accordance with 18 AAC 50.700 -

18 AAC 50.750 and the State Air Quality Control Plan, Volume II, Section III.I.3 [TCMs]; 

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the interagency consultation process must also consider whether delays in transportation 

control measure [TCM] implementation necessitate a revision to the state implementation plan

to remove or to substitute a transportation control measure [TCM] or other emission reduction 

measures;

(6) [(5)] determine, as required under [BY] 40 C.F.R. 93.121, revised as of July 

1, 2013 and adopted by reference [IN 18 AAC 50.710],

(A) that a regionally significant project

(i) is included in a regional emissions analysis supporting the 

currently conforming transportation improvement program's [TIP's]

conformity determination, even if the project is not included in the 

transportation improvement program [TIP] for the purposes of project 

selection or endorsement; and

(ii) design concept and scope have not changed significantly from 

those included in the transportation plan, transportation improvement program

[TIP], or regional emissions analysis; or

(B) that, based on the requirements for a project that is not from a 

conforming transportation plan and transportation improvement program [TIP], as 

specified in 40 C.F.R. 93.118 and 93.119, revised as of July 1, 2013 and [40 C.F.R. 

93.118 AND 40 C.F.R. 93.119,] adopted by reference [IN 18 AAC 50.710],

(i) there is a currently conforming transportation plan and 

transportation improvement program [TIP], and a new regional emissions 

analysis that includes the regionally significant project; and

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(ii) the currently conforming transportation plan and 

transportation improvement program [TIP] will still conform if the regionally 

significant project is implemented;

(7) [(6)] identify, as required by under [BY] 40 C.F.R. 93.123(b), revised as of 

July 1, 2013 and adopted by reference [IN 18 AAC 50.710], projects located at sites

(A) within a PM-10 or PM-2.5 nonattainment or maintenance area

identified in 18 AAC 50.015(b)(3) or (e) [18 AAC 50.015(b)(2), OR WITHIN A PM-2.5 

NONATTAINMENT AREA, IF ANY, IDENTIFIED IN 18 AAC 50.015(b)(2)]; and

(B) that have vehicle and roadway emission and dispersion characteristics 

essentially identical to those at sites that have air quality violations verified by 

monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis; 

(8) [AND (7)] notify staff of participating agencies of any revision or amendment 

to a transportation plan or transportation improvement program [TIP] that merely adds or 

deletes an exempt project listed in 40 C.F.R. 93.126, revised as of July 1, 2013 and adopted by 

reference; and

(9) develop a list of transportation control measures for inclusion in the state 

implementation plan and distribute that list to those agencies described in (a)(2) of this 

section [IN 18 AAC 50.710].

18 AAC 50.715(d) is amended to read:

(d) In addition to the consultation described in (c) of this section, a staff member of the 

sponsoring [RESPONSIBLE] agency shall consult with staff of the state and local agencies 

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listed in (a)(2) of this section to

(1) evaluate events that will trigger new conformity determinations in addition to 

those triggering events established in 40 C.F.R. 93.104, revised as of July 1, 2013 and adopted 

by reference [IN 18 AAC 50.710];

(2) consider an emissions analysis for transportation activities that extend beyond 

the boundaries of a local governing body, nonattainment area, maintenance area, or air basin; 

[AND]

(3) determine the design, schedule, and funding of research and data collection 

efforts and regional transportation model development by the local governing body, such as 

household or travel transportation surveys;

(4) ensure that plans for construction of regionally significant projects that

are not FHWA or FTA projects, including projects for which alternative locations, design 

concept and scope, or the no-build option are still being considered and including all those

projects by recipients of funds designated under 23 U.S.C., are disclosed to the 

metropolitan planning organization on a regular basis and to ensure that any changes to 

those plans are disclosed within 10 business days;

(5) request that participants in the interagency consultation process identify 

all non-FHWA and non-FTA transportation projects and their design concept and scope, 

including those projects where detailed design features have not yet been decided, to 

determine which projects are regionally significant projects for regional emissions 

modeling; a person who is "a recipient of funds designated under title 23 U.S.C or the 

Federal Transit Laws" within the meaning given the term in 40 C.F.R. 93.101, revised as of 

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July 1, 2013 and adopted by reference, shall disclose to the metropolitan planning 

organization information regarding all non-FHWA and non-FTA regionally significant 

projects; any changes to these plans shall be disclosed within 10 business days; and

(6) choose conformity tests and methodologies for isolated rural 

nonattainment and maintenance areas.

18 AAC 50.715(f) is amended to read:

(f) After completing the interagency consultation process, the sponsoring

[RESPONSIBLE] agency shall prepare the public review draft of the conformity determination, 

based on changes made to the preliminary draft during the consultation process, and shall make 

the public review draft available for public review and comment as required in 18 AAC 50.720.

The introductory language of 18 AAC 50.715(g) is amended to read:

(g) After opportunity for public review and comment on the public review draft of the 

conformity determination, the sponsoring [RESPONSIBLE] agency shall

. . .

18 AAC 50.715(h) is repealed:

(h) Repealed ___/___/____.

18 AAC 50.715 is amended by adding a new subsection to read:

(i) In this section, "business day" means a day other than Saturday, Sunday, or a state or 

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federal holiday. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193;

am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720(a) is amended to read:

18 AAC 50.720. Public [TRANSPORTATION CONFORMITY: PUBLIC] 

involvement. (a) The sponsoring [RESPONSIBLE] agency described [REFERRED TO] in

18 AAC 50.705(b) [18 AAC 50.705(c)] shall establish a public involvement process to provide 

opportunity for public review and comment on the public review draft of the conformity 

determination or transportation-related state implementation plan revision before the agency 

issues a final conformity determination or transportation-related state implementation plan

revision. As required under 40 C.F.R. 93.112, revised as of July 1, 2013 and adopted by 

reference [IN 18 AAC 50.710], the public involvement process must be consistent with the 

requirements of 40 C.F.R. 93.105(e), revised as of July 1, 2013 and adopted by reference,

and 23 C.F.R. 450.316(a), revised as of July 1, 2014 and adopted by reference [23 C.F.R. 

450.322(i), AND 23 C.F.R. 450.324(b), AS REVISED AS OF APRIL 1, 2009].

The introductory language of 18 AAC 50.720(b) is amended to read:

(b) The sponsoring [RESPONSIBLE] agency shall

. . .

18 AAC 50.720(b)(1) is amended to read:

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(1) subject to (d) of this section,

(A) receive written comments on the public review draft of the 

conformity determination or transportation-related state implementation plan 

revision; and

(B) hold a public hearing or meeting

(i) for a transportation plan, [OR] transportation improvement 

program, or transportation-related state implementation plan revision;

(ii) for a project that is not included in a transportation plan, [OR]

transportation improvement program, or transportation-related state 

implementation plan revision, but that is within a designated nonattainment area 

listed under 18 AAC 50.015(b) or designated maintenance area listed under 

18 AAC 50.015(d); or

(iii) if a written comment received under (A) of this paragraph 

requests a public hearing or meeting for a regionally significant project;

18 AAC 50.720(c) is amended to read:

(c) Opportunity for public involvement under this section must include access to 

information, emissions data, analyses, models, and modeling assumptions used to perform a 

conformity determination or transportation-related state implementation plan revision.

(Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

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18 AAC 50.725 is repealed:

18 AAC 50.725. General conformity: incorporation by reference of federal 

regulations. Repealed. (Eff. 1/4/95, Register 133; repealed ___/___/____, Register ____)

18 AAC 50.730 is repealed:

18 AAC 50.730. General conformity: mitigation of air quality impacts. Repealed. 

(Eff. 1/4/95, Register 133; repealed ___/___/____, Register ____)

18 AAC 50.735 is repealed and readopted to read:

18 AAC 50.735. Frequency of transportation conformity determinations. (a) The 

conformity status of a federal action lapses five years after the date that a final conformity 

determination is reported to the department unless

(1) the federal action is completed before five years has elapsed; or

(2) the federal agency has commenced a continuous program to implement the 

action within a reasonable time.

(b) Conformity determinations and conformity redeterminations for transportation plans, 

transportation improvement programs, and other FHWA or FTA projects must be made in 

accordance with the requirements of 40 C.F.R. 93.104, revised as of July 1, 2013 and adopted by 

reference. (Eff. 1/4/95, Register 133; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

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18 AAC 50 is amended by adding new sections to read:

18 AAC 50.740. Written commitments. (a) A conformity determination on the 

transportation plan or transportation improvement program may not include emission reduction 

credits from any control measures that are not included in the transportation plan or 

transportation improvement program and that do not require a regulatory action in the regional 

emissions analysis, unless the metropolitan planning organization, the Department of 

Transportation and Public Facilities, FHWA, or FTA obtains, for inclusion in the conformity 

determination, written commitments as defined in 40 C.F.R. 93.101, revised as of July 1, 2013 

and adopted by reference, from the appropriate entities to implement those control measures. 

Before a conformity determination on the transportation plan or transportation improvement 

program may be approved, a metropolitan planning organization or the Department of 

Transportation and Public Facilities must ensure that any project-level mitigation or control 

measures included in project design concepts and scopes are appropriately identified in the 

regional emissions analysis. The written commitments to implement those mitigation or control 

measures must be fulfilled by the appropriate entities.

(b) Before a project-level conformity determination for a transportation project may be 

approved, the project sponsor must include written commitments as defined in 40 C.F.R. 93.101, 

adopted by reference in (a) of this section, to implement any project-level mitigation or control 

measures in the construction or operation of the project that are identified for that project as part 

of NEPA process completion as defined in 40 C.F.R. 93.101, revised as of July 1, 2013 and 

adopted by reference. Written commitments must be obtained before those project level 

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mitigation or control measures are used in a project-level hot-spot analysis. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities.

(c) In this section, "project sponsor" means any entity that owns an equity interest in the 

transportation project, or holds the permits that the department determines are essential to 

construct or operate the transportation project. (Eff. ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.745. Resolving conflicts. (a) If during the interagency consultation process 

under 18 AAC 50.700 - 18 AAC 50.750 a conflict arises between state agencies or between state 

and local agencies, and the conflict cannot be resolved by the heads of the involved agencies, the 

department will refer the conflict to the governor for resolution. A conformity determination that 

is the subject of conflict resolution under this section must have the governor's concurrence to be 

final.

(b) The department will make the referral to the governor not later than 14 calendar days 

after notification or a determination that the conflict cannot be resolved. The 14-day period starts 

when the metropolitan planning organization or the Department of Transportation and Public 

Facilities confirms receipt of the comments of the department. The department will provide the 

participating agencies under 18 AAC 50.715(a)(2) with a copy of its referral to the governor.

(c) If the department does not make a referral to the governor during the 14-day period 

described in (b) of this section, the sponsoring agency described in 18 AAC 50.705(b), 

metropolitan planning organization, or Department of Transportation and Public Facilities may 

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proceed with the final conformity determination.

(d) Not later than 14 days after the metropolitan planning organization notifies the 

department of the resolution of all comments on a proposed conformity determination or other 

policy decision during the interagency consultation process under 18 AAC 50.700 - 18 AAC 

50.750, and if the Department of Transportation and Public Facilities disputes those comments, 

the Department of Transportation and Public Facilities shall refer the proposed conformity 

determination or other policy decision to the governor for resolution. The 14-day period starts 

when the metropolitan planning organization has confirmed receipt by the department of the 

resolution of the comments of the Department of Transportation and Public Facilities.

(e) If the Department of Transportation and Public Facilities makes a referral to the 

governor, the final conformity determination or other final policy decision must have the 

concurrence of the governor.

(f) The Department of Transportation and Public Facilities shall provide the metropolitan 

planning organization and the department with a copy of the referral to the governor under (d) of 

this section. If the Department of Transportation and Public Facilities does not make a referral to 

the governor during the 14-day period described in (d) of this section, the metropolitan planning 

organization may proceed with the final conformity determination or other final policy decision.

(g) The governor may delegate the role of resolving a conflict under this section and 

deciding whether to concur in the conformity determination to a state official or agency other 

than

(1) the department;

(2) the Department of Transportation and Public Facilities; or

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(3) a state transportation board or commission. (Eff. ___/___/____, Register 

____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.750. Exempt projects. Notwithstanding the other requirements of 18 AAC 

50.700 - 18 AAC 50.750, highway and transit projects of the types listed in Table 2 of 40 C.F.R. 

93.126, revised as of July 1, 2013 and adopted by reference, are exempt from the requirement to 

determine conformity. Those projects may proceed toward implementation even in the absence 

of a conforming transportation plan and transportation improvement program. A particular action 

of the type listed in Table 2 of 40 C.F.R. 93.126 is not exempt if the agencies listed in 18 AAC 

50.715(a)(2) concur that it has potentially adverse emissions impacts for any reason.

Metropolitan planning organizations must ensure that exempt projects do not interfere with 

transportation control measure implementation. (Eff. ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.990(32) is amended to read:

(32) "emissions [EMISSION] unit" has the meaning given in AS 46.14.990;

18 AAC 50.990(90) is amended to read:

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101,

revised as of July 1, 2013 and adopted by reference [IN 18 AAC 50.710];

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18 AAC 50.990(121) is amended to read:

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

51.100(s), as revised as of November 21, 2013 [APRIL 18, 2013], and adopted by reference;

18 AAC 50.990(130) is amended to read:

(130) "transportation improvement program" [OR "TIP"] has the meaning given 

in 40 C.F.R. 93.101, revised as of July 1, 2013 and adopted by reference [IN 18 AAC 50.710];

18 AAC 50.990 is amended by adding new paragraphs to read:

(141) "design concept" has the meaning given in 40 C.F.R. 93.101, revised as of 

July 1, 2013 and adopted by reference;

(142) "design scope" has the meaning given in 40 C.F.R. 93.101, revised as of 

July 1, 2013 and adopted by reference;

(143) "FHWA" means the United States Department of Transportation, Federal 

Highway Administration;

(144) "FTA" means the United States Department of Transportation, Federal 

Transit Administration;

(145) "hot-spot analysis" has the meaning given in 40 C.F.R. 93.101, revised as 

of July 1, 2013 and adopted by reference;

(146) "isolated rural nonattainment and maintenance areas" has the meaning 

given in 40 C.F.R. 93.101, revised as of July 1, 2013 and adopted by reference;

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(147) "metropolitan planning organization" has the meaning given in 40 C.F.R. 

93.101, revised as of July 1, 2013 and adopted by reference;

(148) "transportation control measure" has the meaning given in 40 C.F.R. 

93.101, revised as of July 1, 2013 and adopted by reference. (Eff. 1/18/97, Register 141; am 

6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 

152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 

11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 

12/3/2005, Register 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 

4/1/2010, Register 193; am 12/9/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012, 

Register 203; am 10/6/2013, Register 208; am 11/9/2014, Register 212; am 2/28/2015, Register 

213; am ___/___/____, Register ____)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

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

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