Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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,
R egister 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18 AAC 50.015(b)(2) is repealed: (2) repealed ___/___/____;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) Eagl e 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
1Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 10/10/2004, Register 171; am 12/9/2010, Register 196; am 10 / 6 / 2013 , Register 208 ; am ___/___/____, Reg ister ____) 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 polluta nt. However, thi s 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

2Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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

3Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

South Central Alaska
Intra state 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

4Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

The in troductory 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
16 1; 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)

. 5Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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
Februa ry 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 50.0 35(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, Regis ter 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 6Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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 o f 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 s ource:



### . . .

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],

7Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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 provis ions 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. P art 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:



### . . . 8Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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 5 0.040(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. 9Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (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, Reg ister 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 d epartment' 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 d ata; 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 TABL E 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 l isted in Table 5 of this
10Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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, ad opted 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 11Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (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 A S 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 50.75 0 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 t h at 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, pr ogram, 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. 53 01

- 5340 ( public transportation )

. (b) The provisions of 18 AAC 50.700

- 18 AAC 50.75 0 set out the policy, criteria , and
12Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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 a dopted 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 t o read:
18 AAC 50.705. Applicability
. (a) T he 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 o r maintenance area in the state; and ( B) funded or requires approval under 23 U.S.C. or 49 U.S.C. 5301

- 5 340; (2) a transportatio n plan, transportation improvement program, or other federal transportation project that is non

- federally funded but that is a reg ionally significant project
fund ed, 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 s tate i mplementation p lan, t hat affect transportation. (b) The sponsoring agency has the obligation to meet the applicable requirements of
13Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION
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 transpor tation 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 REFER RED 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:
14Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION
18 AAC 50.712
. Agency responsibilities. Representatives of the department, the Depa rtment of Transportation and Public Facilities, metropolitan planning organizations, and local and regional air quality and transportation agencies recognized by the s tate shall undertake an interagency consultation process with each other and with the loc al or regional offices of the
United States Environmental Protection Agency and the United States Department of Transportation , Federal H ighway Administration (FHWA) and Federal Transit Administration (FTA) on the development of the s tate implementation p la n , transportation plan s, transportation improvement programs , and associated conformity determinations in accordance with the responsibilities and procedures of 18 AAC 50.700

- 18 AAC 50.75 0 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
- r ela ted s tate implementation plan r evision under
18 AAC 50.700
- 18 AAC 50. 7 5 0 [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) c ontact 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 [ H IGHWAYS] ) 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
15Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION option are still being considered; (2) prepare a preliminary interagency discussion draft, a public review draft, and a final draft of the conformity determin ation or transportation
- related s tate implementation plan revision through the interagency consulta tion 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 [A LASKA] 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 Environ mental 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 s tate implementation plan revision available for public review and
16Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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 transportation
related s tate implementation plan revision , including necessary supporting information; (2) ensure that all documents , including transportation
- related s tate 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 agencie s 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 decisi on or action or transportation
- related s tate 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 st aff 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;
17Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (2) determine wh ich 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 sco pe 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 emis sions 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 implemen tation 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 50.75 0 and the State Air Quality Control Plan , Volume II, Section III.I.3 [TCMs];
18Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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 includ ed 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 p rogram [TIP] , and a new regional emissions analysis that includes the regionally significant project; and
19Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (ii) the currently conforming transportation plan and transportation improvement program [TIP] will still conform if the regionally significant proje ct 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 nonattain ment 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 o r 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
20Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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 tra nsportation 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 transportati on model development by the local governing body, such as household or travel transportation surveys ; (4) en sure that plans for construction of regionally significant projects that

are n ot FHWA or FTA projects, including projects for which alternative loc ations, 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 en sure that any changes to those plans are disclosed within 10 business days ; (5) request that participants in the interagency consultation process identify
all non
- FH WA 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
21Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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

co nformity 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 22Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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 46.14.0 30

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 involve ment 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 determina tion or transpor tation
- 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), r evised as of July 1, 2013 and adopted by reference,
and 2 3 C.F.R. 450.316(a), revised as of July 1 , 20 14 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: 23Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (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 wi thin a designated nonattainment area listed under 18 AAC 50.015(b) or de signated 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) Oppo rtunity 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
24Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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 t o 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 dep artment 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 ado pted by
reference

. (Eff. 1/4/95, Register 133; am ___/___/____, Register ____) Authority: AS 46.03.020 AS 46.14.030

25Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

18 AAC 50 is amended by adding new section s to read:
18 AAC 50.7 40. 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 actio n in the regional emissions analysis , unless the metropolitan planning organization , the Department of Transportation and Public Facil ities , FH W A , or FTA obtai ns , 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 analysi s. 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 constructio n 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
26Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION mitig ation 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 46.1 4.030

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 head s 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 departmen t 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 an d 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 dep artment does not make a referral to the g o vernor 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 27Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION 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
dete rmination 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
g overnor, 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 28Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (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 50.75 0 , 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 transpor tation improvement program . A particula r action of the type listed in T able 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 org anization s 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] uni t " 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];

29Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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 1 8 AAC 50.710 ];

18 AAC 50.990 is amended by adding new paragraphs to read: (1 41 ) " design concept " has the me aning given in 40 C.F.R. 93.101, revised as of July 1, 2013 and adopted by reference; (1 4 2 ) "design scope" has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013 and adopted by reference ; (1 4 3 ) "FHWA" means the United States Department of Transportation, Federal Highway Administration; (144 ) "FTA" means the United States Department of Transportation, Federal Transit Administration; (1 45 ) "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 adopt ed by reference;
30Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION (1 47 ) " metropolitan planning organization " has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013 and adopted by reference ; (1 48 ) "t ransportation control measure " has the meaning given in 40 C.F.R. 93.101, revised as of Ju ly 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 9/14/20 12, 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 A S 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

31