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NOTICE OF CANCELLATION OF PUBLIC HEARING 

ON PROPOSED CHANGES IN THE AIR QUALITY FEES REGULATIONS OF

THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Title: 18 AAC 50 Air Permits Administration and Emission Fees

The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18, Chapter 50 of 

the Alaska Administrative Code, dealing with air quality permitting and emission fees. In accordance with 

AS 46.14.240(b) and AS 37.10.052(a), DEC is required to evaluate fixed permit administration fees every four years and 

provide the results of the study in a report under AS 37.10.050(c). In accordance with AS 46.14.250(g), DEC is required 

to evaluate emission fee rates every four years and provide the results of the study in a report. The proposed regulation 

changes in this notice are based on the results of the study on permit administration fees and emission fee rates conducted 

for the Air Permit Fee Rate Evaluation Report.

The regulation changes are as follows:

• Amend 18 AAC 50.230 to correct cross references to provisions of 18 AAC 50.400.

• Amend 18 AAC 50.260 to correct cross references to provisions of 18 AAC 50.400.

• Repeal and readopt 18 AAC 50.400 to revise permit administration and compliance fees in accordance with the fee 

study results and add definitions. The analysis of the fee study resulted in a proposed reduction of the number of 

fee categories from 66 to 24, which will reduce administrative costs and fee complexity.

• Amend 18 AAC 50.403 to clarify negotiated settlement agreement fees.

• Repeal 18 AAC 50.405 which addressed a transition process for permit fees before 2005.

• Amend 18 AAC 50.410 to revise emission fees in accordance with the fee study results.

• Amend 18 AAC 50.420 to revise language addressing billing procedures.

Posting

The above list of proposed changes to the regulations only provides a summary of their subject matter. For a copy of the 

proposed regulation changes and the 2014 Fee Study Report, please contact Rebecca Smith at 907-465-5121 between 8:00 

a.m. and 4:30 p.m., Monday through Friday, or refer to this DEC webpage: 

http://dec.alaska.gov/Applications/Air/airtoolsweb/AirPermitsApprovalsAndPublicNotices/ or

http://dec.alaska.gov/air/ap/regulati.htm. The proposed regulations are intended to meet the requirements of Section 110 

(Title 42 U.S.C. Chapter 85 §7410) of the Clean Air Act and, once adopted, will be submitted to the U.S. Environmental 

Protection Agency for approval and eventual inclusion in Alaska’s State Air Quality Control Plan.

Questions

You may submit written questions relevant to the proposed action to DEC using the electronic question form at 

http://decjnuwebt/Air/ap/feesFY14QuestionsAndAnswers.htm or by electronic mail to dec.aq.airdocket@alaska.gov or by 

sending the questions to Rebecca Smith, Division of Air Quality, DEC, 410 Willoughby Avenue, Suite 303, P.O. Box 

111800, Juneau, Alaska 99811-1800. The written questions must be received at least 10 days before the end of the public 

comment period; question deadline is June 19, 2015, and comment deadline is June 30, 2015. The department will 

aggregate its response to substantially similar questions and make the questions and response available on 

http://decjnuwebt/Air/ap/feesFY14QuestionsAndAnswers.htm. The department may, but is not required to, answer 

written questions received after the June 19, 2015, deadline for submitting questions.

BRIEF DESCRIPTION

The Alaska Department of Environmental Conservation (ADEC) is proposing changes to its air quality 

regulations to revise the air quality permit administration and compliance fees, air quality emission fees, add 

definitions, and update cross references.
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Comments

You may comment on the proposed regulation changes, including the potential costs to private persons of complying and 

alternative practical methods of complying with the proposed changes, by submitting written comments to: Rebecca 

Smith, Division of Air Quality, Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, P.O. 

Box 111800, Juneau, Alaska 99811-1800; by e-mail to rebecca.smith@alaska.gov; through the Air Quality Division’s 

electronic comment submission web page at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments; by email to the Air Quality Comments Docket at dec.aq.airdocket@alaska.gov, or by facsimile at (907) 465-5129. Comments 

must be received by 5:00 p.m. on June 30, 2015. Comments received after this date and time will not be considered in 

final action on these rules and the air quality plan.

Hearings

 

The Department published a public notice regarding these proposed changes on May 23, 2015. In the public notice, the 

Department announced that a public hearing for these proposed regulations was tentatively scheduled for June 24, 2015, 

from 12:00 p.m. to 1:30 p.m. at the Department of Environmental Conservation Building, 619 E. Ship Creek Ave., Ste. 

249, Conference Room A, Anchorage, AK 99501. The Department did not receive a request to hold the public 

hearing by 5:00 p.m. on Friday, June 19, 2015, as required in the original public notice. Therefore, the public 

hearing will not be held. 

If you are a person with a disability who may need a special accommodation in order to participate in this public process, 

please contact Natalie Wolfe at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY or dial 711 seven days prior 

to any open house or a public hearing to ensure that any necessary accommodations can be provided. 

After the public comment period ends on June 30, 2015, DEC will either adopt these or other provisions dealing with the 

same subject, without further notice, or decide to take no action on them. The language of the final regulations may be 

different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF 

YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public 

inspection.

Statutory Authority: AS 37.10.050, AS 37.10.052, AS 37.10.058, AS 44.46.025, AS 46.03.020, AS 46.14.140, AS 

46.14.240, AS 46.14.250, AS 46.14.255

Statutes Being Implemented, Interpreted, or Made Specific: AS 46.14.010, AS 46.14.020, AS 46.14.030, AS 

46.14.120, AS 46.14.140, AS 46.14. 240, AS 46.14.250, AS 46.14.255

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.