1 

### NOTICE OF CANCELLATION OF PUBLIC HEAR ING

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 emi ssion 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 R ate 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 administrativ e costs and fee complexity.

• Amend 18 AAC 50. 4 03 to clarify negotiate d settlement agreement fees

.

• Repeal 18 AAC 50

. 4 05 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 50.4 2 0 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 o f 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 Aven ue, 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 ( A DEC) is propos ing changes to its air quality regulations to r evise the air quality permit administration and compliance fees , air quality emission fees

, add
definitions, and update cross references.2 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 e

mail 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

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

, the Department announced that a pub l ic hearing for these proposed regulations was tentatively scheduled f or 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 Depa r t ment 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 accommodati ons 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 regulation s 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.