# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through April 17, 2015

Bill Walker

Governor

Larry Hartig

Commissioner

### IMPORTANT NOTE TO READER

THE REGULATIONS REPRODUCED HERE HAVE BEEN PROVIDED BY THE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PUBLIC

COURTESY. WHILE EVERY EFFORT HAS BEEN MADE TO ASSURE THE

ACCURACY OF THE REPRODUCED VE RSION, THE DEPARTMENT OF

ENVIRONMENTAL CONSERVATION CANNOT GUARANTEE ITS ABSOLUTE

ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED

WITH THE LIEUTENANT GOVERNO R ARE AVAILABLE FROM THE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

THE REGULATIONS HAVE AN EFFECT IVE DATE OF APRIL 17, 2015, ARE IN REGISTER 214, AND WILL APPEAR IN O FFICIAL PUBLISHED FORM IN THE

JULY 2015 SUPPLEMENT TO THE AL ASKA ADMINISTRATIVE CODE.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

1 Chapter 50. Air Quality Control

.

Article 1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110) 2. Program Administrati on (18 AAC 50.200 - 18 AAC 50.260) 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390) 4. User Fees (18 AAC 50.400 - 18 AAC 50.430) 5. Minor Permits (18 AAC 50.502 – 18 AAC 50.560) 6. (Reserved) 7. Conformity (18 AAC 50.700 - 18 AAC 50.750) 8. (Reserved) 9. General Provisions ( 18 AAC 50.900 - 18 AAC 50.990)

Editor's note: The regulations in this chapter, e ffective January 18, 1997, and distributed in Register 141, are a comprehensive reorganization and revision of the department's regulations dealing with air quality control. Exce pt for the provisions of 18 AAC 50.110 and 18 AAC 50.700 - 18 AAC 50.735, they replace all previous regulations in this chapter that were repealed simultaneously with the adoption of thes e regulations. The history line at the end of each section does not reflect the history of the replaced provisions before January 18, 1997. The numbering of sections is not related to the numbering befo re January 18, 1997. Previous amendments of this chapter are on file in the Office of the Lieutenant Gove rnor and are found at Register 42, 5/26/72; Regi ster 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register 88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Regist er 118, 5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Regist er 125, 2/19/93; Register 126, 4/7/93; Register 127, 7/8/93; Regi ster 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; Register 131, 8/5/94; Register 131, 8/10/94; and Regist er 133, 1/4/95.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

2 Article 1. Ambient Air Quality Management.

Section 05. Purpose and applicability of chapter 10. Ambient air quality standards 15. Air quality designations, cl assifications, and control regions

20. Baseline dates and maximum allowable increases 25. Visibility and othe r special protection areas 30. State air quality control plan 35. Documents, procedures, and methods adopted by reference 40. Federal standards adopted by reference

45. Prohibitions

50. Incinerator emission standards 52. (Repealed) 55. Industrial processes and fuel-burning equipment 60. Pulp mills 65. Open burning

70. Marine vessel visible emission standards 75. Wood-fired heating devi ce visible emission standards 80. Ice fog standards 85. Volatile liquid storage tank emission standards 90. Volatile liquid loading rack s and delivery tank emission standards 100. Nonroad engines 110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapter. (a) The purpose of this chapter is to identify, prevent, abate, and c ontrol air pollution in a manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act).

(b) The requirements of this chapter a pply to any person who allows or causes air pollutants to be emitted into the ambient air. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

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

AS 46.14.010

18 AAC 50.007. Local government powers or obligations under a local air quality control program. Nothing in 18 AAC 50.010 – 18 AAC 50.110 alters a local government’s powers or obligations under a local air quality control pr ogram established under AS 46.14.400 and other local laws, as applicab le. (Eff. 2/28/2015, Register 213)

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

AS 46.14.010Register 214, July 2015 ENVIRONMENTAL CONSERVATION

3 18 AAC 50.010. Ambient air quality standards. The standards for concentrations of air pollutants in the ambient air, measured, de termined, or predicted by an analytical method

described in 18 AAC 50.035 or 18 AAC 50.215, are established as follows:

(1) for particulate matter, as follows:

(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 a bove 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;

(B) for PM-2.5:

(i) an annual arithmetic mean concentration of 15.0 micrograms per cubic meter, with this standard being attained when the three-year average of the annual arithmetic mean c oncentration is less than or equal to 15.0 micrograms per cubic meter; for pur poses of this sub-paragraph, a figure must be rounded to the nearest .1 microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(a), adopted by reference in 18 AAC 50.035(b);

(ii) a 24-hour average con centration of 35 micrograms per cubic meter, with this standard being attained when the three-year average

of the annual 98 th percentile 24-hour concentrat ion is less than or equal to 35 micrograms per cubic meter; for the purposes of the sub-paragraph, a figure must be rounded to the nearest one microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(b), adopted by reference in 18 AAC 50.035(b);

(2) for sulfur oxides, measured as sulfur dioxide:

(A) annual arithmetic mean of 80 micrograms per cubic meter;

(B) 24-hour average of 365 micrograms per cubic meter not to be exceeded more than once each year; and

(C) three-hour averag e of 1300 micrograms per cubic meter not to be exceeded more than once each year;

(D) one-hour average sulfur dioxide concentration of 196 micrograms per cubic meter, with this standard being attained when the thre e-year average of the annual, 99th percentile, daily maximum, one-hour sulf ur dioxide concentra tion is less than or equal to 196 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix T, adopted by reference in 18 AAC 50.035(b);

(3) for carbon monoxide:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

4 (A) eight-hour average of 10 milligrams per cubic meter not to be exceeded more than once each year; and

(B) one-hour average of 40 milligrams per cubic meter not to be exceeded more than once each year;

(4) for ozone: a daily maximum eight-hour average of .075 parts per million, with this standard being attained when the three-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to .075 parts per million;

(5) for oxides of nitrogen, meas ured as nitrogen dioxide:

(A) annual average nitrogen dioxide concentration of 100 micrograms per cubic meter; with this standard being atta ined when the average of the one-hour nitrogen dioxide concentrations in a calendar year is less than or equal to 100 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix S, adopted by reference in 18 AAC 50.035(b);

(B) one-hour average nitrogen diox ide concentration of 188 micrograms per cubic meter, with this standard being attained when the three-year average of the annual, 98 th percentile, daily maximum, one-hour n itrogen dioxide con centration is less than or equal to 188 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix S, adopted by reference in 18 AAC 50.035(b);

(6) for lead: an arithmetic mean concentration over a three-month period of .15 micrograms per cubic meter, with this standard being attained when the maximum arithmetic three-month mean concentration for a three-year period is less than or equal to .15 micrograms per cubic meter;

(7) for reduced sulfur compounds, e xpressed as sulfur dioxide: 30-minute average of 50 micrograms per cubic meter not to be exceeded more than once each year; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive eight hours not to be exceeded more than on ce each year. (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 4/17/2015, Register 214)

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

AS 46.14.010

18 AAC 50.015. Air quality designations, clas sifications, and control regions. (a) To identify an area by its air quality, all geogra phic areas in the stat e are designated by the federal administrator as "attainment," "nonattainmen t," or "unclassifiable." An area is designated "attainment" for a particular air pollutant if its air quality meets the ambient air quality standard for that air pollutant. If air quality does not meet the ambient standard for a particular airRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

5 pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or nonattainment for a partic ular air pollutant, the area is designated "unclassifiable" for that air pollutant.

(b) The following areas have been designate d by the federal admini strator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004

(2) repealed 4/17/2015.

(3) for PM-2.5: Fairbanks and North Pole urban area.

(c) To establish standards for the preventi on of significant deterior ation of air quality, geographic areas in the state are

(1) divided into four "air qual ity control regions" as follows:

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

(C) South Central Alaska Intrasta te Air Quality C ontrol Region; and

(D) Southeast Alaska Intrastate Air Quality Control Region; and

(2) classified as shown in Table 1 in this subsection for each air pollutant for which the area is designated "unc lassifiable" or "attainment."Register 214, July 2015 ENVIRONMENTAL CONSERVATION

6 Table 1. Air Quality Classifications

Classification Geographic Area

Class I areas Denali Nationa l Park including the Denali Wilderness but excluding the Denali

National Preserve

Bering Sea National Wildlife Refuge designated as a National Wilderness Area

Simeonof National Wildlife Refuge designated as a National Wilderness Area

Tuxedni National Wildlife Refuge designated as a National Wilderness Area

Class II areas All other geogr aphic areas in Alaska not

classified as Class I or Class III

Class III areas No areas in Alaska

(d) The following areas are subject to maintenance plan requirements for carbon monoxide, as required under 42 U.S.C. 7505a, a nd as adopted by reference in 18 AAC 50.030 as part of the state air quality control plan:

(1) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area.

(e) The following areas are subject to ma intenance 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, Regist er 170; am 10/10/2004, Register 171; am 12/9/2010, Register 196; am 10/6/2013, Regi ster 208; am 4/17/ 2015, Register 214)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : The nonattainment area and mainte nance boundaries, the air quality control region boundaries, and the Class I area boundari es are depicted on maps in the state air quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and

nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

7 As of Register 154, July 2000, the regulations attorney made a technical revision under AS 44.62.125(b)(6) in Table 1 at 18 AAC 50.015(c)(2).

18 AAC 50.020. Baseline dates and maximum allowable increases . (a) In an area designated nonattainment in 18 AAC 50.015(b), the pr ovisions of this section do not apply to the nonattainment air pollutant. Howeve r, this section does apply to al l other air pollu tants 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

Northern Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

PM-2.5 November 2, 2012

South Central Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

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)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

8 (b) To establish standards for the preventi on of significant deterior ation of air quality,

(1) minor source baseline dates for de termining the ambient concentration of certain air pollutants are established for each baselin e area listed in Table 2 in (a) of this section;

(2) in areas designated as Class I, II, or III, increase s in air pollutant

concentration over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection;

(3) for any period other than an a nnual period, the applicable maximum allowable increase may be exceeded during one su ch period per year at any one location;

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a met hod described in 18 AAC 50.215; and

(5) a concentration may not exceed the ambient air quality standard described in 18 AAC 50.010 for that pollutant.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

9 Table 3. Maximum Allowable Increases

Classification of area in 18 AAC 50.015(c)

Table 1 Air Pollutant Maximum allowable increase (micrograms per cubic meter)

CLASS I PM-10:

Annual arithmetic mean ............................

24-hour maximum .................................... .................. 4

.................. 8

Sulfur dioxide:

Annual arithmetic mean ............................

24-hour maximum ....................................

3-hour maximum ...................................... .................. 2

.................. 5

................. 25

Nitrogen dioxide:

Annual arithmetic mean ............................ ................ 2.5

PM-2.5:

Annual arithmetic mean.....................

24-hour maximum........................... ..............1

..............2

CLASS II PM-10:

Annual arithmetic mean ............................

24-hour maximum .................................... ................. 17

................. 30

Sulfur dioxide:

Annual arithmetic mean ............................

24-hour maximum ....................................

3-hour maximum ...................................... ................. 20

................. 91

................ 512 Nitrogen dioxide:

Annual arithmetic mean ............................ ................. 25

PM-2.5:

Annual arithmetic mean.....................

24-hour maximum........................... ..............4

..............9

CLASS III PM-10:

Annual arithmetic mean ............................

24-hour maximum .................................... ................. 34

................. 60

Sulfur dioxide:

Annual arithmetic mean ............................

24-hour maximum ....................................

3-hour maximum ...................................... ................. 40

................ 182

................ 700

Nitrogen dioxide:

Annual arithmetic mean ............................ ................. 50

PM-2.5:

Annual arithmetic mean.....................

24-hour maximum........................... ..............8

.............18Register 214, July 2015 ENVIRONMENTAL CONSERVATION

10 (c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this s ection, the baseline concentratio ns within a baseline area are determined according to the provisions in 40 C.F.R. 52.21(b)(13), adopted by reference in 18 AAC 50.040(h).

(f) In this section, “commence” has the m eaning given in 40 C.F.R. 52.21(b), adopted by

reference in 18 AAC 50.040.

(g) For purposes of this secti on, the baseline area is every pa rt of an air quality control region described in 18 AAC 50.015 that is designated as attainment or un classifiable, and in which the major source or major modification es tablishing the minor sour ce baseline date would construct or would have an air quality impact fo r the pollutant for which the baseline date is established, as follows:

(1) equal to or greater than one microgram per cubic meter on an annual average basis for sulfur dioxide, nitr ogen dioxide, or PM-10;

(2) equal to or greate r than 0.3 micrograms per cubic meter on an annual average basis for PM-2.5. (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 4/ 17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.025. Visibility and ot her special protection areas. (a) Visibility special protection areas are established to prevent impairment of visib ility. The following areas are designated visibility sp ecial protection areas:

(1) Mt. Deborah and the Alaska Range Ea st, as viewed from approximately the Savage River Campground area;

(2) Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed from the vicinity of Wonder Lake; and

(3) geographic areas classified as Class I areas under 18 AAC 50.015(c).

(b) A wood smoke control area is a geogr aphic location where a wood-burning activity

has resulted in two or more di scontinuous 24-hour periods when the ambient exposures of PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of air. The Mendenhall Valley area of Juneau is designated a wood sm oke control area.

(c) Special protection areas for sulfur dioxide are established to pr event the violation of the ambient air quality standard and maximum allowable ambient concentration for sulfur dioxide. The following areas are designated as special protecti on areas for sulfur dioxide:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

11 (1) in the Unalaska area, the land and wate r areas within a 3.4-mile radius of the

intersection of 53  53' 4" N latitude and 166  32’ 11" W longitude; and

(2) in the St. Paul Island area, the la nd and water areas south of UTM Northing
6333.00 kilometers (57  8' 29" N latitude) and within 0.6 k ilometers of St. Paul Island. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : Complete descriptions of the special protection areas designated in this section, including maps, are provided in the state ai r quality control plan a dopted by reference in

18 AAC 50.030.

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

Control Plan for implementing and enforcing the provi sions of AS 46.14 and this chapter, as amended through March 12, 2015, are adopted by re ference. The plan includes the following documents which are also adopted by reference:

(1) the department's Alaska Air Quality Small Business Assistance Program

, April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008- 28,sec. 2;

(3) except as provided in 18 AAC 50.090(b), the department's Air Quality Compliance Certification Procedures for Volat ile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , as amended through December 10, 1992;

(4) the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program , as amended through February 23, 2010;

(5) Repealed 6/21/98.

(6) Protocol for Determining th e Best Performing Model , EPA-454/R-92-025, December 1992;

(7) repealed 9/17/2011;

(8) Source Test Report Outline , as amended through November 1984;

(9) the department’s Performance Audits for COMS , revised as of August 20, 2008; (10) the department’s Minor Permit Application Forms , dated August 30, 2004.

(Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 9/4/98, Regi ster 147; am 1/1/2000, Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, RegisterRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

12 161; am 3/27/2002, Register 161; am 5/3/2002, Re gister 162; am 2/20/ 2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Regist er 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Regist er 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; 2/5/2015, Register 213; am 4/17/2015, Register 214)

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

AS 46.14.020 AS 46.14.140

Editor's note : The State Air Quality Control Plan and the other documents adopted by reference in 18 AAC 50.030 may be reviewed at the department's Anchorage, Fairbanks, or

Juneau office and are on file with th e Office of the Lieu tenant Governor.

18 AAC 50.035. Documents, procedures, and methods adopted by reference . (a) The following documents are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska

, Revision 1, revised August 2008;

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), EPA 454/R-92-023, October 1992;

(3) the United States Environmental Pr otection Agency's (EPA) publication AP42, Compilation of Air Pollutant Emission Fact ors, Volume I: Stationary Point and Area

Sources , Fifth Edition with Supplements A – F a nd annual updates, as updated through December 2007;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications

, EPA - 454/R-99-005, February 2000;

(5) Ambient Monitoring Guidelines for Pr evention of Significant Deterioration (PSD) , EPA-450/4-87-007, May 1987;

(6) the department’s Title V Standard Applications and Forms, revised as of March 2012;

(7) AERSCREEN User’s Guide , EPA-454/B-11-011, dated March 2011;

(8) Quality Assurance Handbook for Air Pollutant Measurement Systems; Volume IV; Meteorological Measurements Version 2.0 (EPA-454/B-08-002).

(b) The following procedures and methods se t out in 40 C.F.R., revised as of February 27, 2014, are adopted by reference:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

13 (1) 40 C.F.R. Part 50, Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S, and T;

(2) 40 C.F.R. Part 51, Appendix M;

(3) repealed 4/17/2015;

(4) the following test methods as th ey apply to 40 C.F.R. 63.11(b)(6):

(A) ASTM D1946-90(1994)e1, Standa rd Practice for Analysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter.

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

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

(c) This subsection adopts the methods and pr ocedures listed in this subsection for use by the department in permits for compliance monito ring. Nothing in this subsection is intended to limit the department’s discretion to require in a permit issued under this chapter compliance with the requirements of other methods or pr ocedures on a case by case basis. The following methods and procedures ar e adopted by reference:

(1) ASTM D 129-00, Standard Test Met hod for Sulfur in Petroleum Products (General Bomb Method), approved January 10, 2000;

(2) ASTM D 1266-98, Standard Test Method for Sulfur in Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products (High Temperature Method), approved August 15, 1995;

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X- Ray Fluorescence Spectrometry, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Me thod for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-Ra y Fluorescence Spectros copy, approved April 10, 1998; (6) ASTM D 4045-99, Standard Test Me thod for Sulfur in Petroleum and Petroleum Products by Hydrogenolysis and Ra teometric Colorimetry, approved January 10, 1999; (7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate Analysis of Coal and Coke, approved September 29, 1989;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

14 (9) ASTM D 4749-87 (Reapproved 1994), St andard Test Method for Performing the Sieve Analysis of Coal and Designati ng Coal Size, approved November 27, 1987;

(10) ASTM D 1140-97, Standard Test Me thod for Amount of Material in Soils Finer Than the No. 200 Sieve, approved May 10, 1997;

(11) ASTM D 422-63 (Reapproved 1998), St andard Test Method for ParticleSize Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Ox idative Combustion and Chemiluminescence Detection, approved April 10, 1996;

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998;

(14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining Concentration of Hydrogen Su lfide by Direct Reading, Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988;

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performan ce Specifications, approved February 10, 1998;

(17) ASTM D 4239-00 Standard Test Method s for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature T ube Furnace Combustion Methods, approved April 10, 2000. (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, Regi ster 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am 9/17/2011, Register 199; am 4/8/2012, Regi ster 202; am 9/14/2012, Register 203; am 1/4/2013, Register 205; am 4/17/2015, Register 214)

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

Editor's note : The documents, procedures, and methods adopted by reference in 18 AAC 50.035 may be reviewed at th e department's Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of th e EPA publication AP-42 referred to in this section, contact EPA's InfoCHIEF information line at (919) 541-5285.

For information on how to obtain a copy of the ASTM documents referred to in 18 AAC 50.035, contact the American Society for Testing and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, We st Conshohocken, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

15 18 AAC 50.040. Federal standards adopted by reference. (a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), revised as of March 19, 2014, are adopted by referen ce as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of Information);

(2) the following subparts:

(A) Subpart D (Standards of Perfor mance for Fossil-Fuel-Fired Steam Generators);

(B) Subpart Da (Standards of Perf ormance for Electric Utility Steam Generating Units);

(C) Subpart Db (Standards of Performance for Industrial – Commercial - Institutional Steam Generating Units);

(D) Subpart Dc (Standards of Pe rformance for Small Industrial – Commercial - Institutional Steam Generating Units);

(E) Subpart E (Standards of Pe rformance for Incinerators);

(F) Subparts Ea (Standards of Performance for Municipal Waste

Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994) and Subpart Eb (Standards of Performance for Large Municipal Waste Combustors for Which C onstruction is Commenced After September 20, 1994 or for Which Modification or Rec onstruction is Commenced After June 19, 1996);

(G) Subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerato rs for Which Construction is Commenced After June 20, 1996);

(H) Subpart F (Standards of Perfor mance for Portland Cement Plants);

(I) Subpart I (Standards of Performance for Hot Mix Asphalt Facilities);

(J) Subpart J (Standards of Perfor mance for Petroleum Refineries);

(K) Subpart K (Standards of Perf ormance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or M odification Commenced After June 11, 1973, and Prior to May 19, 1978);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

16 (L) Subpart Ka (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or M odification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Perf ormance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liqui d Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984);

(N) Subpart L (Standards of Performa nce for Secondary Lead Smelters);

(O) Subpart N (Standards of Perfor mance for Primary Emissions from Basic Oxygen Process Furnaces for Which C onstruction is Commenced After June 11, 1973); (P) Subpart Na (Standards of Perfor mance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construc tion is Commenced After January 20, 1983);

(Q) Subpart O (Standards of Performa nce for Sewage Treatment Plants);

(R) Subpart Q (Standards of Perfor mance for Primary Zinc Smelters);

(S) Subpart R (Standards of Perfor mance for Primary Lead Smelters);

(T) Subpart Y (Standards of Perf ormance for Coal Preparation and Processing Plants);

(U) Subpart DD (Standards of Performance for Grain Elevators);

(V) Subpart GG (Standards of Performance for Stationary Gas Turbines);

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants);

(X) Subpart LL (Standards of Perfor mance for Metallic Mineral Processing Plants);

(Y) Subpart UU (Standards of Perf ormance for Asphalt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Perfor mance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manuf acturing Industry for Which Construction Reconstruction, or Modification Commences After January 5, 1981, and on or Before November 7, 2006);

(AA) Subpart XX (Standards of Pe rformance for Bulk Gasoline Terminals);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

17 (BB) Subpart GGG (Standards of Performance for Equipment Leaks of

VOC in Petroleum Refineries for Which C onstruction, Reconstructi on, or Modification Commenced After January 4, 1983 and on or Before November 7, 2006);

(CC) Subpart JJJ (Standards of Perf ormance for Petroleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of

VOC from Onshore Natural Gas Processing Plants);

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas Processing: SO 2 Emissions);

(FF) Subpart OOO (Standards of Pe rformance for Nonmetallic Mineral Processing Plants);

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems);

(HH) Subpart UUU (Standards of Perf ormance for Calciners and Dryers in Mineral Industries);

(II) Subpart WWW (Standards of Perf ormance for Municipal Solid Waste Landfills);

(JJ) Subpart CCCC (Standards of Performance for Commercial and

Industrial Solid Waste Incineration Units fo r Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001);

(KK) the provisions of Subpart AAA (Standards of Performance for New Residential Wood Heaters), exce pt that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in ac cordance with the permanent label required by 40 C.F.R. 60.536;

(LL) Subpart DDDD (Emissions Guid elines and Compliance Times for

Commercial and Industrial Solid Waste Inci neration Units that Commenced Construction on or before November 30, 1999);

(MM) Subpart EEEE (Standards of Performance for Other Solid Waste

Incineration Units for Which Construction is Commenced After December 9, 2004, or for

Which Modification or Reconstruction is Commenced on or After June 16, 2006);

(NN) Subpart FFFF (Emission Guidelines and Compliance Times for

Other Solid Waste Incineration Units That Commenced Construction on or Before December 9, 2004);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

18 (OO) Subpart IIII (Standards of Pe rformance for Stationary Compression Ignition Internal Combustion Engines);

(PP) Subpart JJJJ (Standards of Perf ormance for Stationary Spark Ignition Internal Combustion Engines);

(QQ) Subpart KKKK (Standards of Performance for Stationary Combustion Turbines);

(RR) Subpart LLLL (Standards of Performance for New Sewage Sludge Incineration Units);

(SS) Subpart MMMM (Emissions Guid elines and Compliance Times for Existing Sewage Sludge Incineration Units);

(TT) Subpart Ja (Standards of Perf ormance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007);

(UU) Subpart VVa (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modifi cation Commenced After November 7, 2006);

(VV) Subpart GGGa (Standards of Performance for Equipment Leaks of

VOC in Petroleum Refineries for Which C onstruction, Reconstruc tion, or Modification Commenced After November 7, 2006);

(WW) Subpart OOOO (Standards of Performance for Crude Oil and Natural Gas Production, Transm ission and Distribution);

(3) the provisions of Appendices A - I.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), revised as of Febr uary 27, 2014, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F. R. 61.16 (Availability of Information);

(2) the following subparts:

(A) Subpart E (National Emi ssion Standard for Mercury);

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

19 (C) Subpart V (National Emission Standard for Equipment Leaks (Fugitive Emission Sources));

(D) Subpart Y (National Emission Standard for Benzene Emissions from Benzene Storage Vessels); and

(E) Subpart FF (National Emission Standard for Benzene Waste Operations);

(F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 and, as they apply to activities subjec t to 40 C.F.R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operations);

(3) 40 C.F.R. 61.154;

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants), revised as of Febr uary 27, 2014, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions ), except 40 C.F.R. 63.5(e)(2) – (f)

(2) Subpart B (Requirements for Cont rol Technology Determin ations for Major

Sources in Accordance with Clean Air Act Sections, Sections 112( g) and 112(j)), except that

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not adopted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutant major source that includes one or more s ources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Ai r Act, sec. 112(c)(1)) for which the EPA administrator has failed to promulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S. C. 7412(e) (Clean Air Act, sec. 112(e));

(3) Subpart D (Regulations Govern ing Compliance Extensions for Early Reductions of Hazardous Air Pollutants);

(4) Subpart M (National Perchloroeth lyene Air Emission Standards for Dry Cleaning Facilities);

(5) Subpart N (National Emission Standa rds for Chromium Emissions From Hard and Decorative Chromium Electroplating and Anodizing Tanks);

(6) Subpart Q (National Emission Sta ndards for Hazardous Air Pollutants for Industrial Process Cooling Towers);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

20 (7) Subpart R (National Emission Standard s for Gasoline Distri bution Facilities:

Bulk Gasoline Terminals and Pipeline Breakout Stations);

(8) Subpart T (National Emission Standa rds for Halogenated Solvent Cleaning);

(9) Subpart Y (National Emission Sta ndards for Marine Tank Vessel Loading Operations);

(10) Subpart CC (National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries);

(11) Subpart DD (National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations);

(12) Subpart GG (National Emission St andards for Aerospace Manufacturing and Rework Facilities);

(13) Subpart HH (National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities);

(14) Subpart II (National Emission Sta ndards for Shipbuilding and Ship Repair (Surface Coatings));

(15) Subpart JJ (National Emission St andards for Wood Furniture Manufacturing Operations);

(16) Subpart KK (National Emission St andards for the Printing and Publishing Industry);

(17) Subpart HHH (National Emission St andards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (National Emission St andards for Hazardous Air Pollutants

From the Portland Cement Manufacturing Industry);

(19) Subpart UUU (National Emission St andards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units);

(20) Subpart AAAA (National Emission St andards for Hazardous Air Pollutants: Municipal Solid Waste Landfills);

(21) Subpart EEEE (National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline));

(22) Subpart YYYY (National Emission St andards for Hazardous Air Pollutants for Stationary Combustion Turbines);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

21 (23) Subpart ZZZZ (National Emission St andards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines);

(24) Subpart GGGGG (National Emi ssion Standards for Hazardous Air Pollutants: Site Remediation);

(25) Subpart PPPPP (National Emission St andards for Hazardous Air Pollutants for Engine Test Cells/ Stands);

(26) Subpart LLLLLL (National Emi ssion Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources);

(27) Subpart MMMMMM (National Emi ssion Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources);

(28) Subpart NNNNNN (National Emi ssion Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds);

(29) Subpart OOOOOO (National Emi ssion Standards for Hazardous Air Pollutants for Flexible Polyeurathane Foam Production and Fabrication Area Sources);

(30) Subpart PPPPPP (National Emission St andards for Hazardous Air Pollutants for Lead Acid Battery Ma nufacturing Area Sources);

(31) Subpart QQQQQQ (National Emi ssion Standards for Hazardous Air

Pollutants for Wood Pres erving Area Sources);

(32) Appendix A (Test Methods Pollut ant Measurement Methods from Various Waste Media);

(33) Appendix B (Sources Defined for Early Reduction Provisions);

(34) Subpart BBBBBB (National Emi ssion Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribu tion Bulk Terminals, Bulk Plants, and Pipeline Facilities);

(35) Subpart CCCCCC (National Emi ssion Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities);

(36) Subpart EEEEEEE (National Emi ssion Standards for Hazardous Air

Pollutants: Gold Mine Ore Processi ng and Production Area Source Category);

(37) Subpart DDDDD (National Emi ssion Standards for Hazardous Air Pollutants for Major Sources: Industrial, Comm ercial, and Institutional Boilers and Process Heaters).Register 214, July 2015 ENVIRONMENTAL CONSERVATION

22 (38) Subpart UUUUUU (National Em ission Standards for Hazardous Air

Pollutants: Coal- and Oil-Fired Electr ical Utility Steam Generating Units);

(39) Subpart JJJJJJ (National Emission St andards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers).

(d) The provisions of 40 C.F.R. Part 82, revised as of July 22, 2013, are adopted by reference to the extent that they apply to a Title V source.

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.98, revised as of July 1, 2014, as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), revised as of July 1, 2013, are adopted by reference.

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), revised as of September 6, 2013, are adopted by reference as they apply to a Title V source:

(1) Subpart FFF (Federal Plan Requi rements for Large Municipal Waste

Combustors Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requ irements for Municipal Solid Waste

Landfills That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since May 30, 1991);

(3) Subpart HHH (Federal Plan Requir ements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before June 20, 1996);

(4) Subpart III (Federal Plan Requireme nts for Commercial and Industrial Solid

Waste Incineration Units that Commenced C onstruction on or Befo re November 30, 1999);

(5) Subpart JJJ (Federal Plan Requi rements for Small Municipal Waste

Combustion Units Constructed on or Before August 30, 1999).

(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), revised as of D ecember 9, 2013, are adopted by reference:

(1) 40 C.F.R. 51.166(f) (Exclusions from Increment Consumption);

(2) 40 C.F.R. 51.166(q)(2) (Public Participation);

(3) 40 C.F.R. 52.21(a)(2) (A pplicability Procedures);

(4) 40 C.F.R. 52.21(b) (Definitions), except as follows:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

23 (A) the following provisions are not adopted, and the terms defined in those provisions have the meani ngs given in AS 46.14.990 and 18 AAC 50.990:

(i) 40 C.F.R. 52.21(b)(1) (“major stationary source”);

(ii) 40 C.F.R. 52.21(b)(2) (“major modification”);

(B) the following provisions are not adopted, and the terms defined in those provisions have the meanings give in AS 46.14.990:

(i) 40 C.F.R. 52.21(b)(4) (“potential to emit”);

(ii) 40 C.F.R. 52.21(b)(5) (“stationary source”);

(iii) 40 C.F.R. 52.21(b)(6) (“bui lding, structure, facility, or installation”);

(iv) 40 C.F.R. 52.21(b)(7) (“emissions unit”);

(v) 40 C.F.R. 52.21(b)(8) (“construction”);

(vi) repealed 1/4/2013;

(C) the following provisions are not adopted and the terms defined in those provisions have the m eanings given in 18 AAC 50.990;

(i) 40 C.F.R. 52.21(b)(51) (“reviewing authority”);

(ii) 40 C.F.R. 52.21(b)(20) (“fugitive emissions”);

(D) 40 C.F.R. 52.21(b)(15) (“baseline ar ea”) is not adopted, and the term defined in that provision has th e meaning given in 18 AAC 50.020(g).

(5) repealed 1/4/2013;

(6) 40 C.F.R. 52.21(h) (Stack Heights);

(7) 40 C.F.R. 52.21(i) (Exemptions);

(8) 40 C.F.R. 52.21(j) (Control Technology Review);

(9) 40 C.F.R. 52.21(k) (Source Impact Analysis);

(10) 40 C.F.R. 52.21( l ) (Air Quality Models);

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

24 (12) 40 C.F.R. 52.21(n) (Source Information);

(13) 40 C.F.R. 52.21(o) (Additional Impact Analyses);

(14) 40 C.F.R. 52.21(p) (Sources Im pacting Federal Class I Areas);

(15) 40 C.F.R. 52.21(r) (Source Obligation);

(16) 40 C.F.R. 52.21(v) (I nnovative Control Technology);

(17) repealed 7/25/2008;

(18) repealed 7/25/2008;

(19) repealed 7/25/2008;

(20) 40 C.F.R. 52.21(aa) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 52.21(aa)(12)(ii)( a ) are also acceptable fo r activities using coati ng or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 5 2.21(aa)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the

combustion of fuel.

(21) repealed 4/17/2015.

(i) From the following provisions of 40 C.F. R. 51.165 (Permit Requirements), revised as of July 1, 2013, text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:

(1) 40 C.F.R. 51.165(a)(1) (Defin itions), except as follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990:

(i) 40 C.F.R. 51.165(a)(1)(i) (“stationary source”);

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“bu ilding, structure, facility, or installation”);

(iii) 40 C.F.R. 51.165(a)(1)(ii i) (“potential to emit”);

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit”);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

25 (v) 40 C.F.R. 51.165(a)(1)(xviii) (“construction”);

(B) the following provisions are not adopted, and the terms defined in those provisions have the meaning given in 18 AAC 50.990:

(i) 40 C.F.R. 51.165(a)(1)(xxxviii ) (“reviewing authority”);

(ii) 40 C.F.R. 51.165(a)(1)(ix) (“fugitive emissions”);

(2) 40 C.F.R. 51.165(a)(2)(ii);

(3) 40 C.F.R. 51.165(a)(3);

(4) 40 C.F.R. 51.165(a)(5);

(5) 40 C.F.R. 51.165(a)(6);

(6) 40 C.F.R. 51.165(f) (Actuals PALs), except as follows:

(A) mass balance calculations as authorized under 40 C.F.R. 51.165(f)(12)(ii)(A) are al so acceptable for activities usi ng coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 5 1.165(f)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the

combustion of fuel.

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), revised as of July 1, 2013, are adopted by reference as they apply to a Titl e V source, except as provided in

18 AAC 50.326:

(1) 40 C.F.R. 71.2 (Definitions);

(2) 40 C.F.R. 71.3 (Sources Subject to Permitting Requirements);

(3) 40 C.F.R. 71.5(a) - (c ) (Permit Applications);

(4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and Revisions);

(6) 40 C.F.R. 71.8 (Affected State Review);

(7) 40 C.F.R. 71.10(d) (Delegation);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

26 (8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public Participation, and Admini strative Review);

(9) repealed 4/17/2015.

(k) The provisions of 40 C.F.R. Part 64, revised as of July 1, 2013, are adopted by

reference to the extent that th ey apply to a Title V source. (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, Regi ster 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Regi ster 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 4/17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

Editor's note : The federal standards adopted by reference in 18 AAC 50.040 may be reviewed at the department's Anchor age, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emi ssion standard that is not at a stationary source subject to a Title V permit s hould contact the United States Environmental Protection Agency.

As of Register 199 (October 2011), the regul ation attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 50.040(a).

The July 1, 2011 publication of 40 C.F.R ., Part 60, Subparts LLLL and MMMM contain printing errors: Annotations that follow those pr ovisions incorrectly desc ribe the United States Environmental Protection Agency as having i ndefinitely delayed their effective dates.

18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air to comply with this chapter, except that dilution air may be used at a sulfur recovery plant with a maximum production rate of 20 long tons per da y or less to comply with the 500 ppm sulfur dioxide requirement of 18 AAC 50.055(c).

(b) A person who owns or operates a stationa ry source that emits an air pollutant subject to this chapter shall ensure th at the stationary source complies with this chapte r and any other applicable local, state, or federal law.

(c) A person may not construct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or that will interfere with the attainment or

maintenance of ambient ai r quality standards.

(d) A person who causes or permits bulk mate rials to be handled, transported, or stored, or who engages in an industrial activity or cons truction project shall take reasonable precautions to prevent particulate matter from being emitted into the ambient air.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

27 (e) Dispersion techniques may not be used to comply with this chapter, except for compliance with 18 AAC 50.110.

(f) Subject to (g) of this section, as used in this section, "dispersion technique" means a technique that attempts to reduce the concentra tion of an air pollutant in the ambient air by

(1) using that portion of a stack that exceeds good engineering practice stack height;

(2) varying the emissions rate of an air pollutant according to atmospheric

conditions or ambient concentratio ns of that air pollutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process para meter, exhaust gas parameter, or stack parameter;

(B) combining exhaust gases from seve ral existing stacks into one stack;

or

(C) other select ive handling of exhaust gas streams.

(g) The following are not dispersion t echniques for purposes of this section:

(1) reheating a gas stream to its origin al discharge temperature after use of an emission control system;

(2) combining the exhaust gases from several stacks into one stack if the stationary source was originally designed and constructed with combined exhaust streams;

(3) combining the exhaust gases from se veral stacks into on e stack, if done when an emission control system is installed and result s in a net reduction in the allowable emissions

of the controlled air pollutant; or

(4) any technique that increases the e xhaust gas plume rise if the allowable emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust effluent of an incinerator, including an air cu rtain incinerator, may not be reduced by visible emissions, excluding condensed water vapor, by mo re than 20 percent averaged over any six

consecutive minutes.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

28 (b) Particulate matter emissions from an incinerator may not exceed the particulate

matter standard listed for that incine rator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard

Rated capacity less than 1,000 pounds per hour No limit

Rated capacity greater than or equal to 1,000 but less than 2,000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 per cent carbon dioxide and standard conditions, averaged over

three hours

Rated capacity greater than or equal to 2,000 pounds per hour 0.08 grains per cubic foot of exhaust gas corrected to 12 per cent carbon dioxide and standard conditions, averaged over

three hours An incinerator that burns waste containing more than 10 percent wastewater treatment plant sludge by dry weight from a muni cipal wastewater treatment plant that serves 10,000 or more persons 0.65 grams per kilogram of dry sludge input

(Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.052. Emission standards for certa in municipal solid waste landfills. Repealed. (Eff. 6/21/98, Register 14 6; repealed 10/1/ 2004, Register 171)

18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible emissions, excluding condensed water vapor, from an industrial process or fuel-burning equipment may not reduce visibility through the exhaust effluent by

(1) more than 20 percent averaged over any six consecutive minutes, except as provided in (2) - (9) of this subsection;

(2) more than 30 percent averaged overany six consecutive minutes for fuelburning equipment in operation before Nove mber 1, 1982, and using more than 20 percent woodwaste as fuel;

(3) more than 55 percent for a urea prilling tower in operation before July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on a daily 24-hour average of five -second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance Specification Number 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

29 (4) 20 percent or greater averaged ov er any six consecutive minutes for an asphalt plant constructed or modified after June 11, 1973;

(5) 20 percent or greater averaged over any six consecutive minutes for process emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or modified after November 1, 1982;

(6) 10 percent or greater averaged ov er any six consecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plan t after November 1, 1982;

(7) 10 percent or greater averaged over any six consecutive minutes for process emissions, other than from a k iln, at a portland cement plant constructed or modified after November 1, 1982;

(8) 20 percent or greater averaged over any six consecutive minutes for a kiln constructed or modified at a portland cement plant after November 1, 1982; and

(9) more than 20 percent for more than three minutes in any one hour for a coal burning boiler that began operation before August 17, 1971, except for an additional three minutes in any one hour if

(A) the visible emissions are caus ed by startup, shutdown, soot-blowing, grate cleaning, or other routin e maintenance activities spec ified in an operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors visible emissions by continuous opacity monitori ng instrumentation that

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by refe rence in 18 AAC 50.040; and

(ii) completes one cycle of sampling and analyzing for each successive 15-second period;

(C) the owner or operator of the boi ler provides the department with a demonstration that the particulate matter emissions from the boiler allowed by this opacity limit will not cause or contribute to a violation of the ambient air quality standards for PM-10 in 18 AAC 50.010, or to cause the maximum allowable increases for PM-10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator appr oves a stationary source-specific revision to the state implementation plan, re quired under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity limit otherwise applicable under

this section.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

30 (b) Particulate matter emitted from an indus trial process or fuel-burning equipment may not exceed, per cubic foot of exhaust gas correc ted to standard conditions and averaged over three hours, (1) 0.05 grains, except as provided in (2) - (6) of this subsecti on, (d) - (f) of this section, and 18 AAC 50.060;

(2) 0.1 grains for a steam generating plant fueled by

(A) coal, and in opera tion before July 1, 1972;

(B) coal, and rated less than 250 million Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in operation before July 1, 1972, except as provided in (6) of this subsection;

(4) 0.15 grains for fuel-burning equipment in operation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(5) 0.04 grains for an asphalt plant constr ucted or modified after June 11, 1973;

or (6) 0.04 grains for a urea prilling tower.

(c) Sulfur-compound emissions, expressed as su lfur dioxide, from an industrial process or from fuel-burning equipment may not exceed 500 ppm averaged over a period of three hours, except as provided in (d) - (f) of this section and 18 AAC 50.060.

(d) At a petroleum refinery, emissions from the following sources, constructed or modified after November 1, 1982, may not exceed the following:

(1) for a catalytic cracking unit catalyst regenerator

(A) 1.0 kilogram of particulate matter per 1,000 kilograms of coke burnoff;

(B) 43.0 additional grams of particul ate matter per million joules supplemental heat attributable to fuels burned in a catalyst rege nerator waste heat boiler; and

(C) 500 ppm carbon monoxide by volume of exhaust gas;

(2) for a sulfur recovery plant rate d at more than 20 long tons per day

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; orRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

31 (B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air pollutants are not oxidized before release to the atmosphere; and

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over three hours, equal to whichever of the following is applicable:

(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel gas containing 230 milligrams hydrogen sulfide per dry standard cubic meter;

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm;

(C) for fuel-burning equipment that burns a combination of fuel gas and other fuels, a concentration based on the allo wable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the tota l fuel burned in the equipment.

(e) At a coal preparation plant, emissions from the following sources , if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a thermal drying unit, 70 milligra ms of particulate matter per cubic meter of exhaust gas at standard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per cubic meter of exhaust ga s at standard conditions.

(f) At a portland cement plant, emissions fr om the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms of feed on a dry basi s to the kiln; and

(2) for a kiln, 0.15 kilograms of partic ulate matter per 1,000 k ilograms of feed on a dry basis.

(g) Release of materials other than pr ocess emissions, products of combustion, or

materials introduced to control pollutant emissions from a st ack at a stationary source constructed or modified after November 1, 1982, is prohibited, except as authorized by a construction permit, Title V permit, or air qual ity control permit issued before October 1, 2004. (Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 11/4/99, Regi ster 152; am 5/3/2002, Register 162; am 10/1/2004, Regi ster 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030Register 214, July 2015 ENVIRONMENTAL CONSERVATION

32 18 AAC 50.060. Pulp mills. Average emissions per ton of air dried pulp produced from a sulfite pulp mill may not exceed, in any 24-hour period,

(1) 20 pounds of sulfur oxides (expresse d as sulfur dioxide) from blow pits, washer vents, storage tanks, digester reli ef systems, and recovery systems; and

(2) two pounds of particulat e matter from blow pits, wa sher vents, storage tanks, digester relief systems, and recovery systems. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.065. Open burning. (a) General Requirements. Except when conducting open burning under (g), (h), or (i) of this se ction, a person conducting open burning shall comply with the limitations of (b) - (f) of this section and shall ensure that

(1) the material is kept as dry as possible through the use of a cover or dry

storage;

(2) before igniting the burn, noncombustible s are separated to the greatest extent practicable;

(3) natural or artificially induced draft is present;

(4) to the greatest extent practicable, combustibles are separated from grass or peat layer; and

(5) combustibles are no t allowed to smolder.

(b) Black Smoke Prohibited . Except for firefighter trai ning conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastic s, tars, oils, oily wastes, contaminated oil cleanup materials, or other ma terials in a way that gi ves off black smoke is prohibited without written department approval. Department approval of open burning as an oil spill response countermeasure is subject to the department's In Situ Burning Guidelines for

Alaska , adopted by reference in 18 AAC 50.035. Op en burning approved under this subsection is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced during oil or gas well flow tests may occur only when there are no practical mean s available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable manner;

(2) the person who conducts open burning shall establish reasonable procedures

to minimize adverse environmental effects a nd limit the amount of smoke generated; and

(3) the department will, in its discre tion, as a condition of approval issued under this subsection, require pub lic notice as described in (j) of this section.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

33 (c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides, ha logenated organic co mpounds, cyanic compounds, or polyurethane products in a way that gives o ff toxic or acidic gases or pa rticulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescib le garbage, animal carcasses, or petroleum-based materials, includi ng materials contaminated with petroleum or petroleum derivatives, is prohibite d if it causes odor or black smoke that has an adverse effect on nearby persons or property.

(e) Air Quality Advisory . Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in that area for that day. This advisory will be based on a determination that there is or is likely to be inadequate air ventilation to maintain th e standards set by 18 AAC 50.010. The department

will make reasonable efforts to ensure that the ad visory is broadcast on local radio or television.

(f) Wood Smoke Control and PM-2.5 Nonattainment Areas . Open burning is prohibited between November 1 and March 31 in each wood smoke control area identified in 18 AAC 50.025(b) and in each PM-2.5 nonattainment area identified in 18 AAC 50.015(b)(3). In a PM-2.5 nonattainment area, a local air qua lity open burn permit program may replace the seasonal open burning prohibition in this section if the program

(1) does not cause or contribute to vi olations of the PM-2.5 ambient air quality standards set out in 18 AAC 50.010; and

(2) is part of a local ai r quality plan included in the State Air Quality Control

Plan , adopted by reference in 18 AAC 50.030.

(g) Controlled Burning . Controlled burning to manage forest land, vegetative cover, fisheries, or wildlife habitat, other than burni ng to combat a natural w ildfire, requires written department approval if the area to be burned exceed s 40 acres yearly. The department will, in its discretion, require public notice as de scribed in (j) of this section.

(h) Firefighter Training: Structures . A fire service may open burn structures for firefighter training without ensuring maximum combustion efficiency under the following

circumstances:

(1) before igniting the struct ure, the fire service shall

(A) obtain department approval for the location of the proposed firefighter training; approva l will be based on whether the proposed open burning is likely to adversely affect public health in the neighborhood of the structure;

(B) visually identify materials in th e structure that might contain asbestos, test those materials for asbestos, and rem ove all materials that contain asbestos;

(C) ensure that the st ructure does not containRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

34 (i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fe rtilizers, pesticides, paints, glues, sealers, tars, solvents, household cleaners, or photographic reagents;

(iv) stored linoleum, plastics, rubber, tires, or insulated wire;

(v) hazardous waste;

(vi) lead piping;

(vii) plastic piping with an outsi de diameter of four inches or

more; or

(viii) urethane or anothe r plastic foam insulation;

(D) provide public notice consistent with (j) of this section; and

(E) ensure that a fire-service represen tative is on-site before igniting the

structure;

(2) the fire service shall ignite and conduct training on only one main structure and any number of associated smaller structures at a time; examples of associated smaller structures are garages, sheds, and other outbuildings; and

(3) the fire service shall respond to comp laints in accordance with (k) of this

section.

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the department, a fire service may open burn up to 2 50 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefight er training without ensuring ma ximum combustion efficiency. To conduct this training without prior written department appr oval, the fire service shall

(1) provide public no tice consistent with (j) of this section before burning more than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and

(2) respond to complaints in acco rdance with (k) of this section.

(j) Public Notice . A person required to provide pub lic notice of open burning shall issue the notice through local news media or by other appropriate means if the area of the open burning does not have local news media. The pub lic notice must be issued as directed by the department and must

(1) state the name of th e person conducting the burn;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

35 (2) provide a list of ma terial to be burned;

(3) provide a telephone number to cont act the person conducting the burn before and during the burn;

(4) for a surprise fire drill, state

(A) the address or locati on of the training; and

(B) the beginning and endi ng dates of the period during which a surprise fire drill may be conducted (this period may not exceed 30 days); and

(5) for open burning other than a surprise fi re drill, state the expected time, date, and location of the open burning.

(k) Complaints . A person required to provide pub lic notice of open burning shall

(1) make a reasonable effort to respond to complaints received about the burn;

(2) keep, for at least 30 da ys, a record of all compla ints received about the burn, including to the extent feasible;

(A) the name, address, and te lephone number of each person who complained; (B) a short summary of each complaint; and

(C) any action the person conducting the open burning took to respond to each complaint; and

(3) upon request, provide the department with a copy of the records kept under (2) of this subsection. (Eff. 1/18/97, Register 141; am 2/ 28/2015, Register 213)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 AS 46.03.710 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

18 AAC 50.070. Marine vessel visible emission standards. Within three miles of the Alaska coastline, visible emissions, excluding co ndensed water vapor, may not reduce visibility through the exhaust effluent of a marine vessel by more than 20 percent except as follows:

(1) while at berth or at anchor, visibi lity may be reduced by up to 100 percent for periods aggregating no more than

(A) three minutes in any one hour; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

36 (B) an additional three minutes duri ng initial startup of a vessel; for purposes of this subparagraph, "initial startu p" includes the period during which a vessel is testing equipment in preparati on to casting off or weighing anchor;

(2) during the hour immediately after wei ghing anchor or casting off, visibility may be reduced under one, but not both, of the following options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour;

(3) during the hour immediately before the completion of all maneuvers to anchor or make fast to the shore, visibility may be reduced under one, but not both, of the following options: (A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; and

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced by up to 100 percent for periods aggregating no mo re than three minutes in any one hour. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)

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

AS 46.14.010

18 AAC 50.075. Wood-fired heating device visible emission standards. (a) A person may not operate a wood-fired heatin g device in a manner that causes

(1) black smoke; or

(2) visible emissions that exceed 50 percent opacity for more than six minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245 or 18 AAC 50.246, except during the first 15 minutes af ter initial firing of the device; visible emissions are measured following opacity reading proce dures as required under 40 C.F.R., Part 60, Appendix A, Method 9, adopted by reference in 18 AAC 50.040, as modified in Volume III, sec. IV-3, Appendix IV-3, of the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030; alternatively, visible emissions ma y be measured using the alternative method to Method 9, ALT-082, approved and revised by EPA as of May 17, 2012.

(b) A person may not operate a wood-fire d heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

37 (c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a provision of th e Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030.

(d) A person may operate a wood-fired heating device in an area for which the department has declared a PM-2.5 air quality episode under 18 AAC 50.246 or under emergency episode provisions included in a local air quality plan incorporated in the State Air Quality

Control Plan , adopted by reference in 18 AAC 50.030, only if

(1) visible emissions or opacity from the wood fired heating device is below the opacity limits identified in the episode a nnouncement for that area as defined in the State Air Quality Control Plan , adopted by reference in 18 AAC 50.030; or

(2) the owner or operator of the w ood-fired heating devi ce obtains a written temporary waiver from the department or local air quality control program from the opacity limits identified in the episode announcement; the department or local air quality program may grant a temporary waiver after considering

(A) financial hardship informa tion provided by the owner or operator;

(B) technical feasibility informa tion provided by the owner or operator;

(C) potential impact to locations wi th populations sensitive to exposure to PM-2.5; locations under this subpa ragraph include hospitals, schools, child care facilities, health clinics, long-term care facilities, assi sted living homes, and senior centers;

(D) mitigation measures implemented by the owner or operator to prevent adverse health impacts to individuals sensitive to exposure to PM-2.5; and

(E) the contribution of the de vice to the exceedance of the PM-2.5 concentration triggering the episode announcemen t. (Eff. 1/18/97, Register 141; am 5/6/2009, Register 190; am 2/ 28/2015, Register 213)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor’s note: The alternative to EPA Method 9, ALT-082, addressed in 18 AAC 50.075(a)(2) is available at the department’s Anc horage, Fairbanks, and Juneau offices, and can be obtained by contacting the Department of Environmental Conservation, Division of Air Quality, at (907) 465-5100. The document is also available from the United States Environmental Protection Agency, Technology Transfer Network, Emission Measurement Center, at http://www.epa.gov/ttn/emc/tmethods.htmlRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

38 18 AAC 50.076. Solid fuel-fired heating devi ce fuel requirements; registration of

commercial wood sellers. (a) A person operating a solid fuel -fired heating device in an area identified in 18 AAC 50.015(b)(3) ma y use only the following fuels:

(1) for wood-fired heating devices, and subject to additional limitations under (b) of this section,

(A) wood, if not prohibite d under (c) of this section;

(B) the following wood products, if made wholly from wood not prohibited under (c) of this section:

(i) wood pellets;

(ii) manufactured compressed wood logs;

(iii) bricks;

(iv) pucks;

(C) manufacturer-recommended starter fuels, including home heating oil, propane, natural gas, or wood-based materi al for dual fuel-fired hydronic heaters;

(D) biomass fuels approv ed by the manufacturer;

(2) for coal-burning devices,

(A) coal;

(B) coal pellets;

(3) for all solid fuel-fired heating de vices, a fuel that is approved by the manufacturer and not prohibited under (c) of th is section.

(b) Not earlier that October 1, 2015, and betw een October 1 and March 31 of each year, a person operating a wood-fired heating device in an area identified in 18 AAC 50.015(b)(3) may use only the following fuels:

(1) dry wood, if not prohibit ed under (c) of this section;

(2) the following wood products, if made wholly from wood not prohibited under (c) of this section;

(A) wood pellets;

(B) manufactured compressed wood logs;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

39 (C) bricks;

(D) pucks;

(3) manufacturer-recommended starte r fuels, including home heating oil, propane, natural gas, or wood-based materi al for dual fuel-fired hydronic heaters;

(4) biomass fuels appr oved by the manufacturer;

(5) a fuel that is appr oved by the manufacturer, and that is not wet wood or a fuel prohibited under (c) of this section.

(c) A person operating a solid fuel-fired devi ce may not burn or incine rate in the device

(1) wood that has paint, stai ns, or other types of coating;

(2) wood that has been treated with preservatives, includ ing copper chromium arsenate, creosote, or pentachlorophenol;

(3) asphalt, rubber, or tar products, including materials contaminated with petroleum, petroleum derivatives, o ily wastes, or oil cleanup materials;

(4) chlorinated or halogenated or ganic compounds, including plastics, polyurethane products, pesticides , herbicides, or fungicides;

(5) compounds containing cyanide or asbestos;

(6) animal carcasses; or

(7) putrescible garbage.

(d) A commercial wood seller must register und er (e) of this secti on with the department to sell or provide wood to a person located in an area that is identifie d in 18 AAC 50.015(b)(3),

if

(1) under 42 U.S.C. 7513 and 7602, EPA ha s designated the area as a “serious” nonattainment area with respect to PM-2.5;

(2) the department issues a finding th at wood smoke is a significant component of the PM-2.5 amount that resulted in designatio n of the area identified in 18 AAC 50.015(b)(3) as “nonattainment”; and

(3) not later than 60 days before the date on which the requirements of this subsection and (e) – (g) of this section are to apply, the departmentRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

40 (A) prepares a notice identifying th e need for applying the requirements of this subsection and (e) – (g) of this sect ion with regard to the sale or provision of wood to a person located in the area; and

(B) issues the notice described in (A) of this paragraph by

(i) publication in a newspa per of general circulation;

(ii) posting in the office of the local air pollution control program;

and (iii) posting on the Alaska Online Public Notice System (AS 44.62.175).

(e) Before selling or providing wood to a pers on located in the areas that is identified in 18 AAC 50.015(b)(3), a commercial wood seller subject to (d) – (g) of this section must

(1) submit a registration application in a format provided by the department;

(2) have available for use a moisture content meter that the department has approved under (g)(1) of this section;

(3) have a valid business license issued under AS 43.70; and

(4) renew the registration every three years by submitting, at least 30 days before the expiration date of the existing registration, an application for renewal to the department in a format provided by the department.

(f) Upon receipt of a complete regist ration application and the department’s

determination that the commercia l wood seller is in compliance with (e)(2) and (3) of this section, the department will

(1) issue a unique registration iden tification number to the commercial wood seller; (2) issue the commercial wood seller a batch of uniquely numbered three-part

moisture content disclosure forms fo r use under (g) of this section; and

(3) add the commercial wood seller to a list of registered commercial wood sellers that the department maintain s and makes available to the public.

(g) A commercial wood seller who is register ed as required under (d) – (f) of this section

(1) shall test, using a commercially av ailable moisture test meter that the department has approved for accuracy, the moisture content of a load of w ood at the time of sale or provision to the consumer, or if the consumer purchases one or more loads of wood for later delivery or arranges for the later delivery of one or more loads of wood, shall test the moisture content of each load at the time of delivery, unle ss the wood sold or deliver ed is subject to (2), (3) or (4) of this subsection; the department will maintain a list of commercially availableRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

41 moisture test meters that the department has approved for accuracy; for split wood, wood rounds, or logs that are cut at the time of or before sale and that are ma rketed, sold, or provided as dry wood, the commercial wood seller shall

(A) measure moisture content in at least three pieces of wood for each cord of wood purchased;

(B) randomly select the wood to be tested from differing locations throughout the entire load;

(C) ensure that each se lected piece of wood undergoes a fresh cut and is tested in the center of the fresh cut end; and

(D) document the measured moisture content on the moisture content disclosure form that the department provi des under (f)(2) of th is section, and fully complete and sign the form;

(2) if selling or providing frozen w ood, shall note on the moisture content

disclosure form that the wood is frozen and assu med to be wet wood with greater than 20 percent moisture content, and shall fully complete and si gn the rest of the form; for purposes of this paragraph, “frozen wood” means wood that is

(A) cut at a temperature below 32 degrees Fahrenheit for immediate sale or provision to the consumer; or

(B) delivered at a temperature below 32 degrees Fahrenheit, if the consumer purchase one or more loads of wood for later delivery or arranges for the later delivery of one or more loads of wood;

(3) if marketing, selling, or providing wet wood, shall note on the moisture

content disclosure form that the wood is we t and assumed to be gr eater than 20 percent moisture content, and shall fully comp lete and sign the rest of the form;

(4) if marketing, selling, or providing wood that was split before freezing, may market, sell, or provide the wood as dry wood only if

(A) the split wood is covered and stacked for ventilation;

(B) after splitting, covering, and stacking the wood, the commercial wood seller tests the wood as required under (1)(A) – (D) of this subsecti on and the test results demonstrate that each piece of wood tested is dry wood;

(C) the commercial wood seller record s and saves the test results and the date of the test; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

42 (D) upon actual sale, provision, or de livery, if the temperature is below 32 degrees Fahrenheit, the commercial wood seller documents the previously recorded test

results and the date on the moisture content di sclosure form and fully completes and signs the rest of the form;

(5) shall obtain the consum er’s signature on the moisture content disclosure form, or if the consumer is unavailable, shall mark on the form that the consumer is unavailable;

(6) shall provide the co nsumer with a copy of the signed moisture content disclosure form;

(7) shall submit to the department, not later than the 15 th day of each month, the department’s copy of each moisture content disclosure form completed during the previous month;

(8) shall retain the seller’s own c opy of each completed moisture content disclosure form for two y ears after the date of the sale, provision, or delivery;

(9) shall account for each moisture content disclosure form received from the department; when making a monthly subm ission under (7) of this subsection, the

commercial wood seller shall

(A) submit any moisture content disclo sure form not given to a consumer due to damage or errors; and

(B) report the unique number of any mo isture content disclosure form that is lost;

(10) shall return any unused moisture c ontent disclosure forms if the commercial wood seller’s registration expires or is revoked;

(11) is subject to one or more of the following if th e commercial wood seller fails to comply with a provision of this subsection:

(A) remedial training on the requiremen ts of (d) – (f) of this section and this subsection;

(B) a notice of violation;

(C) until the department determines that the commercial wood seller is in compliance, removal of the seller from the list that the department maintains under (f)(3) of th is section;

(D) revocation of registration;

(E) enforcement under AS 46.03.020, 46.03.760, or 46.03.790; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

43 (12) may request an informal or adj udicatory hearing as pr escribed in 18 AAC

15.185 and 18 AAC 15.195 – 18 AAC 15.340 if the department denies registration, denies renewal of a registration, or takes an action under (11)(A) –(D) of this subsection.

(h) In this section, “commercial wood seller”

(1) means a person who sells wood for use in space heating;

(2) does not include a person whos e sales of wood consist wholly of

(A) wood products permissible under (a)(1 )(B) or (b)(2) of this section; or

(B) bundles of split dry wood that are sized not more than 0.75 cubic feet a bundle. (Eff. 2/28/2015, Register 213)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor’s note: A copy of the list of commercially avai lable moisture test meters that the Department of Environmental Conservation has approved under 18 AAC 50.076(g) for use by commercial wood sellers is available at the depart ment’s offices in Anchorage, Fairbanks, and Juneau, and can be obtained by contacting the Department of Environmental Conservation, Division of Air Quality, at (907) 465-5100, or can be obtained from the Internet at http://burnwise.alaska.gov/moisture_disclosure_program.htm.

The list of registered commercial wood se llers described in 18 AAC 50.076(f) is available at the department’s offices in Anchor age, Fairbanks, and Juneau, and can be obtained by contacting the Department of Environmental Conservation, Divi sion of Air Quality, at (907) 465-5100, or can be obtained from the Internet at http://burnwise.alaska.gov/moisture_disclosure_program.htm.

18 AAC 50.077. Standards for wood-fired heating devices. (a) This section applies to a person who

(1) owns or operates a wood-fired heati ng device in an area id entified in 18 AAC 50.015(b)(3), if the wood- fired heating device

(A) is installed on or after February 28, 2015; and

(B) is not otherwise ex empted in this section;

(2) intends to supply, sell, lease, di stribute, convey, or install a wood-fired heating device for operation in an area identified in 18 AAC 50.015(b)(3), if

(A) the wood-fired heating deviceRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

44 (i) is installed on or after February 28, 2015; and

(ii) is not otherwise ex empted in this section: or

(B) under 42 U.S.C. 7513 and 7602, EPA designates the area as a “serious” nonattainment area with respect to PM-2.5, and the wood-fired heating device

(i) is being sold, leased or conve yed as part of an existing building or other property and the device was insta lled in that building or on that property before February 28, 2015;

(ii) lacks valid EPA certification under 40 C.F.R. 60.533 before February 28, 2015 or a qualifying “white tag” under EPA’s Phase 2 voluntary partnership program for hydronic he aters before February 28, 2015;

(iii) is being sold, leased, or conveyed as part of an existing building or other property on or after the date of EPA’s designation of the area as

a “serious” nonattainment area: and

(iv) is not otherwise ex empted in this section.

(b) Except as provided under (f), (g), or (h) of this secti on, a person may not operate or install a wood-fired hydronic heater in an area identified in 18 AAC 50.01 5(b)(3), and may not supply, sell, lease, distribute, or convey a wood-fired hydronic heat er for operation or installation

in an area identified in 18 AAC 50.015(b)(3), unless

(1) the model received a qualifying “wh ite tag” under EPA’s Phase 2 voluntary partnership program for hydronic heaters, meets the particulate matter annual average emission limit in (2) of this subsection, and has a rated size under 350,000 Btu per hour; or

(2) a laboratory with current EPA a ccreditation under 40 C.F.R. 60.535 has tested the model to meet an average emission leve l of 0.32 pounds per million Btu of heat output, a particulate matter annual average emission limit of 2.5 grams per hour, and a maximum

individual test-run emission rate of 18.0 grams of fine particles per hour; the test results must

have been

(A) obtained using the test procedures applicable to the specific device in EPA’s Phase 2 voluntary partnership program for hydronic heaters; t hose procedures are

set out in

(i) Attachment 2 to the EPA Hydronic Heater Program Phase 2 Partnership Agreement , dated October 12, 2011, consisting of EPA’s Test method 28 WHH for Measurement of Particulat e Emissions and Heating Efficiency of Wood-Fired Hydronic Heating Appliances; the test method is adopted by reference;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

45 (ii) ASTM International E 2618-09, Standard Test Method for Measurement of Particulate Emissions and Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Devices , approved February 15, 2009 and adopted by reference;

(iii) ASTM International E 2515-11, Standard Test Method for Determination of Particulate Matter Em issions Collected by a Dilution Tunnel

, approved November 1, 2011 and adopted by reference; and

(B) submitted to and approved by the department as described in (e) of this section, if the wood-fire d hydronic heater is not alr eady listed under (e) of this section by the department.

(c) Except as provided under (f ), (g), or (h) of this sect ion, a person may not operate or

install a woodstove in an area identified in 18 AAC 50.015(b)(3), and may not supply, sell, lease, distribute, or convey a woodstove for operation or installation in an ar ea identified in 18 AAC 50.015(b)(3), unless

(1) the model

(A) has a valid ce rtification under 40 C.F.R. 60.533 from EPA;

(B) meets the particulate matter annual average emission limit in (2) of this subsection; however, this subparagra ph applies only to a woodstove that is installed on or after August 31, 2015; and

(C) has a rated size und er 350,000 Btu per hour; or

(2) a laboratory with current EPA a ccreditation under 40 C.F.R. 60.535 has tested the model to meet a particulate matter annual average emission limit of 2.5 grams per hour; the test results must have been

(A) obtained using the

(i) test procedures applicable to the specific device; those procedures are set out in 40 C.F.R. Part 60, Appendix A, Methods 28 and 28 A, adopted by reference in 18 AAC 50.040; and

(ii) emission concentration measurement procedures applicable to the specific device; thos e procedures are set out in 40 C.F.R. Part 60, Appendix A, Methods 5G and 5H, adopted by reference in 18 AAC 50.040; and

(B) submitted to and approved by the department as described in (e) of this section, if the woodstove is not already listed under (e) of this section by the department.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

46 (d) Except as provided under (f), (g), or (h) of this secti on, and if a wood-fired heating device has a rated size of 350,000 Btu or greater pe r hour, a person may not operate or install the wood-fired heating device in an area identifi ed in 18 AAC 50.015(b)(3), and may not supply, sell, lease, distribute, or conve y the wood-fired heating device for operation or installation in an area identified in 18 AAC 50.015(b)(3), unless a laboratory with current EPA accreditation under

40 C.F.R. 60.535 has tested the model to meet a particulate matter annual average emission limit of 2.5 grams per hour; the test results must have been

(1) obtained using the test procedures applicable to the specific device; those procedures are set out in

(A) ASTM International E 2618-09, Standard Test Method for Measurement of Particulate Emissions and He ating Efficiency of Outdoor Solid FuelFired Hydronic Heating Devices, adopted by reference in (b)(2)(A)(ii) of this section;

(B) ASTM International E 2515-11, Standard Test Method for Determination of Particulate Matter Em issions Collected by a Dilution Tunnel , adopted by reference in (b)(2)(A)(iii) of this section; and

(2) submitted to and approved by the department as described in (e) of this section, if the wood-fired heati ng device is not already listed under (e) of this section by the department.

(e) The department may review, without a prior submission by the manufacturer, test results under (b)(2), (c)(2), or (d ) of this section. If the depart ment determines that the model tested complies with the requirement s of (b)(2), (c)(2), or (d) of this section, as applicable, the department will approve the test results and place the model on the list that the department prepares under this subsection. If a wood-fired heating device s ubject to this section is not already on that list, and is not a wood-fired hydroni c heater allowable under (b)(1) of this section or a woodstove allowable under (c)(1) of this se ction, the installation or operation of the woodfired heating device or the suppl ying, sale, lease, distribution, or conveyance of the wood-fired heating device for operation or installation may not occur unless the ma nufacturer submits, and the department reviews and appr oves, proof of compliance with the requirements of (b)(1) or (c)(1) of this section, as app licable, or test results dem onstrating compliance with the requirements of (b)(2), (c)(2), or (d) of this se ction, as applicable. The department will make a list of the wood-fired heating devi ces that the department has a pproved under this subsection or that are allowable under (b)(1) or (c)(1) of this section and will make the list available to the public.

(f) A person described in (a)(2) of this sec tion may supply, sell, l ease, distribute, convey, or install a wood-fired heating device if that person has confirmed in writing with the buyer or operator of the device that the device will be inst alled and used in an area other than an area identified in 18 AAC 50.015(b)(3).

(g) Subsections (b) – (d) of this section do not apply to a wood-fired heating device that is

located in an area that is iden tified in 18 AAC 50. 015(b)(3), ifRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

47 (1) under 42 U.S.C. 7513 and 7602, EPA has designated the area as a “moderate” nonattainment area with respect to PM-2.5; and

(2) the wood-fired heating device is bei ng sold, leased, or conveyed as part of an existing building or other property and the device was installed in that building or on that property before February 28, 2015.

(h) Subsections (b) – (d) of this section do not apply to the conve yance of a wood-fired heating device under (a)(2)(B) of th is section if the owner requ ests and receives a temporary waiver from the department or a local air quality program. The de partment or local air quality

program may grant a temporar y waiver after considering

(1) financial hardship informa tion provided by the owner or operator;

(2) technical feasibility informati on provided by the owne r or operator; and

(3) potential impact to locations wi th populations sensitive to exposure to PM2.5; locations under this paragraph include hospitals, schools, child ca re facilities, health clinics, long-term care facilities, assisted living homes, and senior centers.

(i) A person who disputes a decision by th e department under this section may request

review under 18 AAC 15.185 or 18 AAC 15.195 – 18 AAC 15.340. (Eff. 2/28/2015, Register 213)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor’s note: For the convenience of consumers, the United States Environmental Protection Agency (EPA) keeps a list of wood-fired hydronic h eaters with qualifying “white tags” under EPA’s Phase 2 voluntary partnership program for hydronic heaters. That list is part

of EPA’s Partners – Program Participation – Li st of Qualified Hydronic Heaters , and is available on the Internet at http://www.ep a.gov/burnwise/owhhlist.html. For additional information whether a heater appearing on that list is in compliance with 18 AAC 50.077, please contact the Department of Environmental C onservation at: Department of Environmental Conservation, Division of Air Quality, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, AK 99811; telephone (907) 465-5100.

For the convenience of consumers, the United States Environmental Protection Agency (EPA) keeps a list of wood heaters certifie d under 40 C.F.R. 60.533. Th at list, entitled List of EPA Certified Wood Heaters (Heaters certified as meeting the 1988 Standards of Performance for New Residential Wood Heaters) , is available on the Internet at http://www.epa.gov/Compliance/re sources/publications/monitoring/ caa/woodstoves/certifiedwod .pdf. For additional information whether a heater app earing on that list is in compliance with 18 AAC 50.077, please contact the De partment of Environmental Conservation, Division of Air Quality, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, AK 99811; telephone (907) 465-5100.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

48 The test methods adopted by reference in 18 AAC 50.077 may be reviewed at the department’s Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of the ASTM International documents adopt ed by reference in 18 AAC 50.077, contact ASTM International, Publications Department, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania, 19428-2959; teleph one (877) 909-2786; fax (610) 832-9555.

The list of wood-fired heating devices main tained under 18 AAC 50.077(e) is available at the department’s offices in Anchorage, Fairbank s, and Juneau, is availa ble on the Internet at http://burnwise.alaska.gov/, or can be obtained by contacting the Department of Environmental Conservation, Division of Air Quality, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, AK 99811; telephone (907) 465-5100.

18 AAC 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate an indus trial process, fuel-burning equipment, or incinerator in an area of potenti al ice fog to obtain a permit a nd to reduce water emissions. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

18 AAC 50.085. Volatile liquid stor age tank emission standards. (a) The owner, operator, or permittee of a volatile liquid storage tank located in th e Port of Anchorage that has a volume of 9,000 barrels (378,000 gallons) or more shall reduce organic vapors emitted to the atmosphere by using

(1) an internal floating roof installed before June 1, 1992;

(2) an internal floating roof that meets the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040;

(3) a closed vent system and control device that collects and reduces organic vapors emitted to the atmosphere by at least 95 pe rcent (six-hour average), as specified in the department's Air Quality Compliance Certification Pr ocedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030; or

(4) a system that the department determin es is as effective as those described in (2) or (3) of this subsection, usi ng procedures in the document referr ed to in (3) of this subsection. (b) The owner, operator, or permittee of a volatile liquid storage tank with an internal floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after June 1, 1995 that the tank is emptied and degassed.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

49 (c) The owner, operator, or permittee of a volatile liquid storage tank that is located in the Port of Anchorage, that ha s a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallo ns), and that is not equipped with a control device described in (a)(1) - (4) of this section, shall, no later than th e first time on or after June 1, 1995 that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing conservation vents on the tank as specified in the document referred to in (a)(3) of this

section. (d) When conducting source testing, the depart ment will, and the owner, operator, or permittee shall, use the procedures specified in th e document referred to in (a)(3) of this section to determine compliance with th is section. In accordance with those procedures, the owner, operator, or permittee of a vol atile liquid storage tank subj ect to this section shall

(1) periodically inspect air pollution contro l equipment;

(2) repair any deficiencies detected;

(3) report to the department the result s of all inspections and repairs; and

(4) keep records of those inspections a nd repairs for at least five years. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

Editor's note : A complete description of the Port of Anchorage is in th e state air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.090. Volatile liquid loading racks and delivery tank emission standards. (a) The owner, operator, or permittee of a statio nary source that is located in the Port of Anchorage and that has a volatile liquid loadi ng rack with a design throughput of 15 million gallons (357,143 barrels) or more per year shall reduce organic vapors emitted to the atmosphere by (1) operating a vapor collection system and liquid product loading equipment that

(A) loads volatile liquid through the bottom of the delivery tank or through a submerged loading arm that extends to within six inches of the bottom of the delivery tank;

(B) collects all organic vapors disp laced during the loading of vaporladen delivery tanks;

(C) prevents any organic vapors coll ected at one delivery tank loading position from passing to another de livery tank loading position;

(D) processes the vapors collected under (B) of this paragraph withRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

50 (i) a control device that emits no more than 10 milligrams of organic vapors per liter of volatile li quid loaded (six-hour average); or

(ii) a system that the department determines is as effective as the

control device described in (i) of this subparagraph; in making a determination under this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030;

(E) prevents the gauge pressure in any delivery tank connected to the vapor collection system from exceeding 18 inches of water; and

(F) does not contain a pressure relief valve designed to open at a gauge pressure of less than 18 inches of water, excep t that for a system using vapor balancing to a storage tank, a pressure relief valve on the storage tank or on any portion of the vapor collection system between a storage tank and th e control device may be designed to open at a gauge pressure less than 18 inches of water, but may not open at the normal system operating pressure;

(2) preventing the loadi ng of liquid product into a ny vapor-laden delivery tank

unless the tank (A) is connected to a vapor collection system that meets the requirements of (1) of this subsection; and

(B) has been certified vapor-tight u nder (b) of this se ction within the preceding 12 months; and

(3) preventing leaks in the vapor collect ion system or liquid loading equipment

that result in the release of a volatile liquid organic or a volatile organic vapor in a concentration exceeding 10,000 ppm by volume, measured as methane.

(b) The owner or operator of a delivery tank that is to be lo aded with volatile liquid at a loading rack described in (a) of this section shall

(1) perform annual tests to certify that th e delivery tank is vapo r-tight; the owner or operator shall perform an a nnual test in accordance with 40 C.F.R. Part 60, Appendix A-8, Method 27, adopted by reference in 18 AAC 50.040(a), except that

(A) the time period of the pre ssure test (t) is five minutes;

(B) the initial pressure (P) is 450 millimeters, or 17.7 inches, of water;

(C) the allowable pressure change is 75 millimeters, or three inches, of water; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

51 (D) the test shall be performed fo r the volatile liquid as it would be for gasoline;

(2) mark the delivery tank w ith the month and year that the tank was last certified vapor-tight according to the test required under (1) of this subsection as follows;

(A) for a delivery tank this is the tank portion of a tank truck or tank trailer, the delivery tank must be marked in accord ance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;

(B) for a delivery tank that is th e tank portion of a rail tank car,

(i) the delivery tank must be ma rked with letters and numerals at least four inches high;

(ii) the color of the letters a nd numerals must contrast with the color of the tank;

(iii) the delivery tank must be marked on both sides; a marking need not appear in an exact location; however, each marking must be clearly visible; (iv) the marking must be “V – month/year”;

(3) provide the owner, operator, or perm ittee of the loading r ack with a copy of

the most recent test results unde r (1) of this subsection; and

(4) keep a copy of the most recent test results with the delivery tank.

(c) When conducting source testing, the depart ment will, and the owner, operator, or permittee shall, use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks

, adopted by reference in 18 AAC 50.030, to dete rmine compliance with this section. In accordance with those procedures, the ow ner, operator, or permittee shall

(1) periodically inspect air pollution contro l equipment;

(2) repair any deficiencies detected;

(3) report to the department the result s of all inspections and repairs; and

(4) keep records of all inspections and repairs fo r at least five years. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030Register 214, July 2015 ENVIRONMENTAL CONSERVATION

52 Editor's note : A complete description of the Port of An chorage is in the stat e air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad engines are not included when dete rmining the classification of a stationary source or modification under AS 46.14.130. Nothing in this secti on exempts nonroad engines from compliance with other applicable air po llution control requirements. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.14.020

18 AAC 50.110. Air pollution prohibited. No person may permit any emission which is injurious to human health or welfare, animal or plant lif e, or property, or which would unreasonably interfere with the enjoyment of life or property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 214, July 2015 ENVIRONMENTAL CONSERVATION

53 Article 2. Program Administration

.

Section 200. Information requests 201. Ambient air qual ity investigation

205. Certification 210. (Repealed) 215. Ambient air quality analysis methods

220. Enforceable test methods 225. Owner-requested limits 230. Preapproved limits 235. Unavoidable emergencies and malfunctions

240. Excess emissions 245. Air episodes and advisories

250. Procedures and criteria for re vising air quality classifications

260. Guidelines for best available retrof it technology under the regional haze rule

18 AAC 50.200. Information requests. If requested by the department to determine compliance with AS 46.03, AS 46.14, and this chapte r, the owner, operator, or permittee of a stationary source shall maintain records of, and report to the department information on, the

nature and amount of emissions from the statio nary source and other information designated by the department. (Eff. 1/18/97, Regi ster 141; am 10/1/2004, Register 171)

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

AS 46.14.020

18 AAC 50.201. Ambient air quality investigation . (a) Upon a finding by the department that emissions from an existing sta tionary source have a re asonable likelihood of causing or significantly contributing to ambient concentrations of one or more air pollutants that exceed an ambient air quality standard, maximum allowable increase, or the limitations of 18 AAC 50.110, the department may require the owne r, operator, or permittee to evaluate the effect of the stationary sour ce’s emissions of those air pollu tants on ambient air or on the

limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the department, must satisfy the eval uation requirements of this secti on, and any prior analysis must accurately represent the stationary source’s emissions.

(b) Based on an evaluation submitted under (a) of this section or other information in the department's possession and subject to AS 46.14.010( e), the department may require an existing stationary source to reduce em issions or implement another control strategy to reduce the ambient impact of those emissions as necessary to ensure that the concen tration of air pollutants

in the ambient air does not exceed the ambien t air quality standards, maximum allowable increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed as a source-specific permit cond ition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the aff ected owner, operator, or permittee and provide the affected public an opportunity for comment a nd hearing. To the extent practicable, given theRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

54 costs of determining an equita ble allocation, any emission reducti on or control strategy imposed under this section will be equita bly allocated among stationar y, mobile, and area sources and source categories based upon their relative contri bution to the ambient impacts of concern, the cost of additional controls, and other equitable factors.

(c) When determining whether to impose a redu ction or control strategy under (b) of this section, the department will consid er the uncertainties of ambien t air quality analysis, the costs and benefits of resolving the uncertainties, th e nature of the ambient impact area, and the proximity and magnitude of adjacent impacts.

(d) The provisions of this section do not a pply if the area affected by the emissions of an air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015.

(e) The provisions of this section do not limit the department’s ability to require or conduct ambient air quality analysis or control u nder the construction permit program established under AS 46.14.120 and this chapter. (Eff. 1/18/ 97, Register 141; am 10/ 1/2004, Register 171)

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

AS 46.14.020 AS 46.14.120

18 AAC 50.205. Certification. (a) Any permit applicati on, report, affirmation, or compliance certification required by the department under a permit program established under AS 46.14 or this chapter must include the signatu re of a responsible official for the permitted stationary source following the statement: "B ased on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document

are true, accurate, and complete."

(b) The department may accept an electronic signature on an electr onic application or other electronic record requi red by the department under a pe rmit program established under AS 46.14 or this chapter if

(1) a certifying authority register ed under AS 09.25.510 verifies that the electronic signature is authentic; and

(2) the person providing the electronic sign ature has made an agreement, with the certifying authority described in (1) of this subsection, that the person accepts or agrees to be bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140 AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

55 18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall

obtain the data in accordance with

(1) the department's Alaska Quality Assurance Pr oject Plan for the State of Alaska Air Monitoring & Quality Assurance Program , adopted by reference in 18 AAC 50.030, for PM-2.5, PM-10, total suspended particulates (TSP), lead, carbon monoxi de, nitrogen dioxide, sulfur dioxide, ozone, and ammonia;

(2) a reference method or an equivale nt method described in 40 C.F.R Part 50, Appendices D and P, adopted by referen ce in 18 AAC 50.035(b), for ozone;

(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

(4) an alternative method th at is representative, accura te, verifiable, capable of replication, and approved by the department.

(b) Except as provided in (c) of this section, a person who su bmits an analysis performed to predict ambient air quality conditions shall

(1) ensure that estimates of ambient con centrations and impairment to visibility are based on applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Qual ity Models), adopted by reference in 18 AAC 50.040(f); and

(2) for comparing predicted or measured ambient concentrations of an air pollutant to a maximum allowable incr ease established under 18 AAC 50.020, exclude

(A) concentrations attributable to a temporary construction activity for a new or modified source; and

(B) the concentrations described under 40 C.F.R. 51.166(f), adopted by reference in 18 AAC 50.040(h).

(c) A person may substitute or modify a refi ned air quality model re ferenced in (b)(1) of this section only after

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), Section 3.2.2 (Use of Alternative Models – Recommendations), adopted by reference in 18 AAC 50.040(f), that the alternative air qu ality model is more appropriate than a preferred air quality model; and

(2) obtaining approval from the regiona l administrator and the commissioner.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

56 (d) A stationary source or modification will be considered to cause or contribute to a violation of an ambient air quality standard or ma ximum 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 subsection at any local ity that does not or would not m eet 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 th e significant impact level as follows:

(1) for the 24-hour PM-2.5 significant impact level, the annual average PM-2.5 significant impact level, the one- hour nitrogen dioxide significant impact level, or the one-hour sulfur dioxide significant impact level, the person shall compare

(A) the highest modeled concentration when using either one year of meteorological data or scr eening meteorological data; or

(B) the highest multi-year average concentration when using a multi-year meteorological data set;

(2) for all other pollutant s and averaging periods, the person shall use the highest

modeled concentration.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (mic rograms per cubic meter)

Averaging period

Annual 24 hours 8 hours 3 hours 1hour

Sulfur

dioxide 1.0 5 N/A 25 8

PM-10 1.0 5 N/A N/A N/A

PM 2.5 0.3 1.2 N/A N/A N/A

Nitrogen

dioxide 1.0 N/A N/A N/A 8

Carbon

monoxide N/A N/A 500 N/A 2,000

Note to Table 5: In this tabl e, “N/A” means not applicable.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

57 (e) A person may use the AERSCREEN di spersion model as an allowed screening technique under Section 4.2.1 of 40 C.F.R. Pa rt 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 18 AAC 50.040(f), for estimating the ambient impacts from onshore sources, if the analysis conducted w ith AERSCREEN is consistent with EPA’s

AERSCREEN Model User’s Guide , adopted by reference in 18 AAC 50.035(a). (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, Regist er 205; am 4/17/2015, Register 214)

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. Enforceable test methods . (a) The department may require an owner, operator, or permittee to conduct air pollutant emission tests to determine compliance with AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other requirement specifies a time period within which testing must be completed, the owner, operator, or permittee shall conduct the test ing within the specified peri od regardless of whether the department explicitly calls fo r testing under th is subsection.

(b) Unless otherwise specified by an applic able requirement or test method, an air pollutant emission test must be performed

(1) at a point or points that characterize the actual discharge into the ambient air;

and

(2) at the maximum rated burning or operating capacity of the emission unit or another rate determined by the department to ch aracterize the actual discharge into the ambient

air.

(c) Reference test methods to be used by the owner, operator, or permittee for an applicable requirement of AS 46.14 or this chapter are as follows:

(1) except as provided in (2) of this subsection,

(A) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(a) must be conducted in acco rdance with the source test methods and procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040(a);

(B) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(b) must be conducted in acco rdance with the source test methods and procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 50.040(b);

(C) source testing for complian ce with requirements adopted by reference in 18 AAC 50.040(c) must be c onducted in accordance with the source test methods and procedures specifi ed in 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

58 (D) source testing for reduction in vi sibility through the exhaust effluent must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air Quality Visible Emissions Evaluation Procedures," of the state air quality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide , lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal wast e 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); and

(F) source testing for emissions of PM-10 and PM-2.5 must follow the procedures set out in Appendix M to 40 C.F. R. Part 51, adopted by reference in 18 AAC 50.035;

(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); and

(3) standard exhaust gas volumes must in clude only the volume of gases formed from the theoretical combustion of the fuel, pl us the excess air volume normal for the specific emission unit type, corrected to standard conditions.

(d) In deciding whether to require a test under (a) of this secti on, the department will

consider

(1) the compliance status of the emissi on unit and the margin of compliance with each applicable requirement as demonstrated by prior compliance tests or other reasonably accurate data or calculations;

(2) the potential variability of emissi ons from the stationary source; and

(3) the date and results of prior compliance tests, if any.

(e) The owner, operator, or permittee shall submit the results of testing conducted under this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of th e state air quality control plan, adopted by reference in 18 AAC 50.030.

(f) In source testing for compliance with the particulate matter standards in 18 AAC 50.050 or 18 AAC 50.055, the three-hour aver age is determined us ing the average of

three one-hour test runs. Th e source test must account for those emissions caused by soot blowing, grate cleaning, or other r outine maintenance activities by en suring that at least one test run includes the emissions caused by the rou tine maintenance activity and is conducted under conditions that lead to representative emissions from that activity. The emissions must be quantified using the following equation:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

59 Where: E = the total particulate emissions of the source in grains per dry standard cubic foot (gr/dscf).

E M = the particulate emissions in gr/dscf measured during the test that included the routine maintenance activity.

E NM = the arithmetic average of particulat e emissions in gr/dscf measured by the

test runs that did not include routine maintenance activity. A = the period of routine maintenance activity occurring during the test run that included routine maintenance activity, expressed to the nearest

hundredth of an hour. B = the total period of the test run, less A. R = the maximum period of source opera tion per 24 hours, expressed to the

nearest hundredth of an hour. S = the maximum period of routine ma intenance activity per 24 hours, expressed to the nearest hundredth of an hour. (Eff. 1/18/97, Register 141; am 10/1/2004, Re gister 171; am 9/17/2011, Register 199; am 9/14/2012, Register 203; am 4/17/2015, Register 214)

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

18 AAC 50.225. Owner-requested limits. (a) The owner or ope rator of an existing or proposed stationary source may request an enforc eable limit on the ability to emit air pollutants to avoid all permitting obligations under AS 46.14.130. A limitation approved under this section is an enforceable limitation for the purpose of determining

(1) stationary source-specific allowable emissions; and

(2) a stationary source’s potential to emit.

(b) To request approval under this section of limits on the ability to emit, the owner or operator shall submit to the department

(1) a completed stationary source identification form;

(2) a list of all emission un its at the stationary source;

(3) a calculation of the st ationary source’s actual emi ssions and potential to emit air pollutants; 

###            

A x R

BS

- R

S)

- (R E + A x R S

x B) + (A E = E NM MRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

60 (4) a description of each proposed li mit, including for each air pollutant a

calculation of the effect the limit will have on the stationary source's potential to emit and the allowable emissions;

(5) a description of a verifiable method to attain and maintain each limit, including monitoring and recordkeeping requirements;

(6) citation to each requirement that the person seeks to avoid, including an explanation of why the requirement would appl y in the absence of the limit and how the limit allows the person to avoid the requirement;

(7) repealed 10/6/2013;

(8) a statement that the owner or operator of the stationary sour ce will be able to comply with each limit; and

(9) a certification, beari ng the signature of the pers on requesting the limits, that states: "Based on information and belief formed after reasonable inquiry, I certify that the

statements and information in this re quest are true, accurate, and complete.”

(c) Within 30 days after receiving a request und er (b) of this secti on, the department will

(1) make a preliminary decisi on to approve the request; or

(2) deny the request and notify the owne r or operator of the reasons for the

denial.

(d) If the department makes a preliminary de cision to approve a reque st under (c) of this section, the department will solicit public co mment on the preliminary decision as follows:

(1) the department will publish a notice in a newspaper of general circulation within the area where the stationary source is or will be located; the depa rtment will publish this notice in two consecutive issues of the newspape r and in other media the department considers appropriate; the notice will include

(A) the name and address of the a pplicant and the location or proposed location of the stationary source;

(B) a summary describing the propose d limit, including reference to the requirement that the limit avoids;

(C) a statement that the department will accept public comment on the proposed limit for 30 days after first publishing notice; and

(D) the name and address of the person to whom comments should be

sent;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

61 (2) the department will make available fo r public review, in at least one location within the area affected by the stationary source, the materials submitted by the owner or operator and a copy of the proposed limit;

(3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public heari ng on the application as described in 18 AAC 15.060(d) - (h); and

(4) the department will accept public comments and testimony on the proposed limit for 30 days after publishing the notice required by (1) of this subsectio n; if the department

determines additional time is needed to allow full public pa rticipation, it will

(A) extend the public comment period by up to an additional 60 days; and

(B) publish notice of the extension as provided under (1) of this subsection.

(e) After the public comme nt period provided under (d) of this section, the department will consider the comments received during the public comment period and will make a final decision whether to approve, approve with conditions , or deny the request for cause. This final decision, or a decision to deny th e request under (c)(2) of this section, is a permit action for the purpose of review under AS 46.14.200. The absence of a department decision within 30 days after the close of the public comment period provide d in (d) of this section will be considered a permit action to deny the request for the purpose of review under AS 46.14.200.

(f) If the department approves a request for a limit, it will issue a letter of approval that

(1) describes the terms and conditions of the approval, including specific testing, monitoring, recordkeeping, or reporting requirements;

(2) lists all equipment covered by the approval;

(3) describes the requirement that the lim it allows the owner or operator to avoid;

and

(4) contains the statement "I understand and agree to the terms and conditions of this approval" followed by a space for the owner's or operator's signature.

(g) A limit approved under this section beco mes effective the day after the department receives a copy of the le tter of approval bearing the owner's or operator's signature in the space provided. On and after the date the limit becomes effective and until the limit is revised or revoked under (h) of this sect ion, the owner and operator shal l comply with all terms and conditions of the approval.

(h) The owner or operator may request the de partment to revise the terms or conditions of the approval issued under this section by su bmitting a new request under (b) of this section. The owner or operator may request the depart ment to revoke the approval in writing byRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

62 explaining the reason for the request and applying for each permit listed in the original approval under (f) of this section as if the limit had never been approv ed. The limit remains in effect until the owner or operator

(1) obtains a new limit that allows the owne r or operator to continue to avoid the requirement; or

(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other require ment that was avoided.

(i) If an owner or operator requests a limit under this section for a stationary source that already has one or more limits approved under this section, the owner or op erator shall provide a copy of all existing limits with the information provided under (b) of this section. This copy is required regardless of whether the new limit will apply to emission units regulated under any existing limits. If the department make a pre liminary decision to approve the new limit, the department will combine the new limit and all ex isting limits into a single decisional document and process it in accordance with (d ) – (g) of this sect ion. All existing limits remain in effect until the effective date of the new decision, unless revoked earlier in accord ance with (h) of this section. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/25/2008, Regist er 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203; am 10/6/2013, Register 208)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.03.030 AS 46.14.120

18 AAC 50.230. Preapproved emission limits . (a) This section sets out limits for certain stationary sources that become effective the day after the department receives a request containing all the required information. Unde r these "preapproved" emission limits or PAELs, no additional department approval is required. The owner and ope rator shall comply with the

limit while that limit is in effect. The limit rema ins in effect until revoked in accordance with (e)

of this section.

(b) The owner or operator of a stationary source containing one or more emission units described in (c) or (d) of this section may request that the preappr oved limits in those subsections be applied to that stationary s ource. To make the request, the ow ner or operator shall submit to the department the information re quired for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines may be established by rest ricting the amount of fuel that may be burned in an engine. To implement these limits, the owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limits will apply;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

63 (B) a list of all diesel engines at th e stationary source to which the limits will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 12 months;

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would ha ve the potential to emit if subjected to the limits on fuel use proposed under (C) of th is paragraph, determined by dividing the number provided under (C) of this paragraph by 3,309;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all emission units at the stationary s ource that are not list ed under (B) of this paragraph;

(F) a calculation of the stationary source’s total potential to emit nitrogen oxides, determined by adding the values deri ved under (D) and (E) of this paragraph;

(G) a list setting out eac h of the conditions requ ired under (2) of this subsection;

(H) a certification bearing the owner's or operator's signature stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true , accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this subsection and agrees to those conditions in order to limit nitrogen oxide emissions from the equipm ent listed under (B) of this paragraph to

no more than the value calculated under (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(h)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) of this subsection during any consecutive 12 months to no more than the amount proposed under (1)(C) of this subsection;

(B) record the amount of fuel c onsumed in the equipment listed under(1)(B) of this subsection each month and calculate the total fuel consumed in the equipment during the preceding 12 months;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

64 (C) keep all receipts for fuel purch ases and all records and calculations under (B) of this paragraph avai lable for department inspection for at least five years;

and

(D) no later than January 31 of each year, submit to the department a copy

of the records and calculations required by (B) of this para graph for the preceding year.

(d) The owner or operator of a gasoline distribution facility may limit the maximum daily throughput of gasoline for the stationary source to less th an 19,900 gallons. If the limit in this subsection is applied, the department will cons ider the stationary source to be a bulk gasoline plant under the standards adopted by referen ce in 18 AAC 50.040(a)(2 )(M) and (AA). The owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stat ionary source to which the limit will apply;

(B) a list of each tank containing gasoline at the stationary source, including the working capacity of each tank;

(C) a list of the condi tions required under (2) of this subsection; and

(D) a certification beari ng the signature of the owner or operator stating

that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and complete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this section and agrees to thos e conditions in order to be classified as a bulk gasoline plant; and

(E) the administration fe e in 18 AAC 50.400(h)(3); and

(2) agree to

(A) limit the quantity of gasoline transferred from tanks at the stationary source each day to less than 19,900 gallons;

(B) record the amount of gasoline tran sferred from tanks at the stationary source each day;

(C) keep all receipts for fuel sa les and all records under (B) of this paragraph available for department insp ection for at least five years; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

65 (D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of th is paragraph for the preceding year.

(e) The owner or operator may terminate a limit under this sec tion by notifying the department, in writing, of the proposed date fo r termination of the limit. On and after the proposed date, the limit is no longer in effect unl ess the limit made it possible for the owner or operator to avoid any preconstruction review proc edures or to avoid the requirement for an operating permit. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until th e owner or operator obtains

(A) a new construction permit under this chapter as if the limit had never existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit that allows the owner or ope rator to continue to avoid preconstruction review; or

(2) did not make it possible to avoid pr econstruction review, but made it possible to avoid a Title V permit or minor permit to operate , the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 10/1/ 2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194)

Authority: AS 44.46.025 AS 46.14.030 AS 46.14.170

AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.240

AS 46.14.020

18 AAC 50.235. Unavoidable emergencies and malfunctions . (a) If an unavoidable emergency, malfunction, or nonroutine repair caus es emissions in excess of a technology-based emission standard, the owner, operator, or permittee shall

(1) take all reasonable steps to minimi ze levels of emissions that exceed the standard; and

(2) give written notice to the appropriate department office within two working days after the event commenced or was discovered; notice under this paragraph must include a description of the event, the cause of the event, steps taken to mitigate emissions, and corrective

measures taken or to be taken.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

66 (b) A person who asserts the affirma tive defense recognized in AS 46.14.560 must

demonstrate that

(1) an unavoidable emergency, malfuncti on, or nonroutine repair of an emission unit occurred, and the pers on can identify the cause;

(2) the stationary source was being prope rly operated when the event described in (1) of this subsection occurred; and

(3) the person took the steps re quired under (a) of this section.

(c) In any enforcement action, the person seek ing to assert the affi rmative defense under AS 46.14.560 and this section has the burden of proof.

(d) For the purposes of this section, an emergency or malfunction is unavoidable

(1) if it arises from a sudden and reasonably unforeseeable event beyond the person's control, including an act of God, that requires immedi ate corrective ac tion to restore normal operation; and

(2) to the extent it was not the result of improper design, lack of preventive maintenance, careless or improper operation, or operator error. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146 ; 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

18 AAC 50.240. Excess emissions. (a) In an enforcement ac tion, the owner, operator, or permittee has the burden of proving that excess emissions were unavoidable. This

demonstration is a condition to obtaining relief under (d), (e ), and (f) of this section.

(b) Excess emissions determined to be una voidable under this sect ion will be excused and are not subject to penalty. This section does not limit the depa rtment's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential th reat to human health or safety or that the owner, operator, or permittee believes to be una voidable must be reported to the department as soon as possible. Unless otherwise specified in the stationary source's permit, other excess emissions must be reported with in 30 days after the end of th e month during which the emissions occurred or as part of the ne xt routine emission monitoring repor t, whichever is sooner. If requested by the department, the owner, operato r, or permittee shall submit a full written report that includes the known causes, th e corrective actions taken, and th e preventive measures to be

taken to minimize or eliminate the chance of recurrence.

(d) Excess emissions due to startup or shut down will be considered unavoidable if the owner, operator, or permittee reports them as re quired under (c) of this s ection and demonstrates

thatRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

67 (1) the excess emissions could not have been prevented through careful planning and design; and

(2) if a bypass of control equipmen t occurred, the bypass was necessary to prevent loss of life, personal inju ry, or severe property damage.

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as re quired under (c) of this s ection and demonstrates

that the excess emissions could not have b een avoided through r easonable design, better scheduling for maintenance, or bette r operation and maintenance practices.

(f) Excess emissions due to upsets will be cons idered unavoidable if the owner, operator, or permittee reports them as required under (c ) of this section a nd demonstrates that

(1) the event was not caused by poor or inadequate design, operation, or maintenance or by any other reasonably preventable condition;

(2) the event was not of a recurring pa ttern indicative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should ha ve known that an emission standard or permit condition was being exceeded, the operato r took immediate and appropriate corrective action in a manner consistent with good air po llution control practice for minimizing emissions during the event, taking into account the total emissions im pact of the corrective action, including slowing or shutting down the source as necessary to minimize emissions.

(g) A demonstration under (d), (e), or (f) of this secti on must be supported by records

made at the time the excess emissions occurr ed. (Eff. 1/18/97, Regi ster 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

AS 46.14.030

18 AAC 50.245. Air quality episodes and advi sories for air pollutants other than

PM-2.5. (a) The department or a local air quality control program may d eclare an air quality episode and prescribe and publicize curtailment action if the concentration of an air pollutant in the ambient air has reached, or is likely in the immediate future to reach, any of the

concentrations established in Table 6 in this subsection.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

68 Table 6. Concentrations Triggering an Air Quality Episode for Air Pollutants Other Than PM-2.5

Episode Type Air Pollutant Concentration in micrograms per cubic meter {and in ppm where applicable}

Air alert Sulfur dioxide 365 (24-hour average) {0.14 ppm}

PM-10 150 (24-hour average)

PM-10 from wood burning (wood smoke control areas) 92 (24-hour average)

Carbon monoxide 10,000 (8-hour average) {8.7 ppm}

Air warning Sulfur dioxide 800 (24-hour average) {0.31 ppm}

PM-10 350 (24-hour average)

Carbon monoxide 17,000 (8-hour average) {15 ppm}

Air emergency Sulfur dioxide 1,600 (24-hour average) {0.61 ppm}

PM-10 420 (24-hour average)

PM-10 from wood burning (wood smoke control areas) During an air alert, a concentration measured or predicted to exceed 92 (24-hour average), and to continue to increase beyond the concentration that triggered the air alert

Carbon monoxide 34,000 (8-hour average) {30 ppm}

(b) The department or a local air qua lity control program will declare an air quality advisory if, in its judgment, air quality or at mospheric dispersion condi tions exist that might threaten public health.

(c) If the department or a local air quality control progr am declares an air quality advisory under (b) of this section, the depart ment or a local air qua lity control program will

(1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationa ry source’s emissions might im pact the area subject to the advisory; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

69 (2) publicize actions to be ta ken to protect public health.

(d) Nothing in this section alters a lo cal government’s powers or obligations under a local air quality control program establis hed under AS 46.14.400 and other local laws, as applicable. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 2/28/2015, Register 213)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.246. Air quality episodes and advisories for PM-2.5. (a) The department or a local air quality control program may decl are an air quality episode and prescribe and publicize the actions to be taken if the concentrations of PM-2.5 in the ambient air has reached, or is likely in the immediate future to reach, any of the concentrations esta blished in Table 6a in this subsection. The episode thresholds and actions prescribed for any area that has a local air quality plan included in the State Air Quality Control Plan adopted by reference in 18 AAC

50.030 must be consistent with the emergency episode provisions included in that plan.

Table 6a

Concentrations Triggering an Air Quality Episode for PM-2.5

Episode Type Air Pollutant Concentration in

micrograms per cubic meter

Air alert PM-2.5 35.5 (24-hour average)

Air warning PM-2.5 55.5 (24-hour average)

Air emergency PM-2.5 150.5 (24-hour average)

(b) The department or a local air quality control program authorized by the department under AS 46.14.400 will declare a PM-2.5 air quality advisory if, in its judgment, PM-2.5 air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department or a local air quality control program declares a PM-2.5 air quality advisory under (b) of this section, the depart ment or a local air qua lity control program will

(1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationa ry source’s emissions might im pact the area subject to the advisory; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

70 (2) publicize actions to be taken to protect public health.

(d) Nothing in this section alters a lo cal government’s powers or obligations under a local air quality control program establis hed under AS 46.14.400 and other local laws, as applicable. (Eff. 2/ 28/2015, Register 213)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

AS 46.14.010 AS 46.14.030

18 AAC 50.250. Procedures and criteria for revising air quality classifications. (a) Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of

the state can be revised. This section sets out the procedures and criteria for revising an air quality classification.

(b) A geographic area that exceeds 10,000 acr es and is one of the following may be classified only as Class I or Class II:

(1) a national park or national wilder ness area established after August 7, 1977;

or (2) a national monument, national primitive area, national preserve, national recreation area, national wild and scenic river, national wildlife refuge or range, or a national

lakeshore or seashore.

(c) The department will, on its own mo tion, or upon receipt of a petition under AS 44.62.220, propose to change the air quality cl assification of a geogr aphical area. The department will, in its discretion, combine or coordinate any public meetings or hearings conducted under (e) of this section with those conduc ted under AS 44.62.180 - 44.62.290. The department will make the report prepared under (d) of this section available to the public during the public comment period provided under AS 44.62.210.

(d) Before proposing a change to a geographi c air quality classifi cation, the department will prepare, and a person submitting a petiti on under AS 44.62.220 must provide, a report that

includes

(1) an accurate description of the boundaries of the geographic area for which the change in air quality classification is proposed;

(2) the classification in effect for the area and the propos ed classification;

(3) a statement of the reasons why the ch ange to the air quality classification is proposed and is in th e public interest;

(4) a detailed evaluation of new emissions and ambient air quality impacts expected to occur in the area to be reclassified and in adjacent ar eas as a result of a modification to a stationary source in that area or from cons truction and operation of a new stationary source

in that areaRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

71 (A) for which a complete permit application under AS 46.14.160 is pending before the department at the time the report is prepared; or

(B) that has been proposed, would be subject to this chapter and AS 46.14.120 or 46.14.130, and could not be perm itted under those provisions without a change in the air quality classification for the area;

(5) an evaluation of the effects on air qua lity in other geogra phic areas classified in 18 AAC 50.015(c) of any proposed new or modifi ed stationary source in the area to be reclassified; and

(6) a detailed analysis of the health, environmental, economic, social, and energy effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that changes the air quality classifica tion of an area of the state,

(1) for any change,

(A) the federal administrator must have approved the change;

(B) the department must have confe rred with the elected leadership of local and other substate general purpose gove rnments in the area covered by the proposed redesignation;

(C) the department must have notif ied each affected federal land manager of the proposed change and provided at leas t 30 days to comment on the report described in (d) of this section;

(D) the department must have published in a newspaper of general circulation in the state a summary of the co mments and recommendations of any affected federal land manager received under (B) of th is paragraph and an explanation of the reasons for implementing a change that is in consistent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, ec onomic, social, and energy effects of the change are in the public interest; and

(ii) implementing the change will not cause or contribute to a violation of the ambient air quality st andards or maximum allowable increase;

(2) for any change to the classification of lands within the exterior boundary of a reservation of a federally-rec ognized Indian tribe, the govern ing body of the tribe must have approved the change; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

72 (3) for a reclassification of an area to Class III, the change must meet the applicable requirements of 42 U.S.C. 7474, adopted by reference as amended through December 19, 1996.

(f) In this section, “federal land mana ger” has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and a dopted by reference. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030

AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retr ofit technology u nder the regional

haze rule (a) For the purposes of this secti on, the following are adopted by reference:

(1) 40 C.F.R. 51.301(Definitions), revised as of July 1, 2007, except that

(A) “fugitive emissions” has the meaning given in 18 AAC 50.990;

(B) “major stationary source” has the meaning given in AS 46.14.990 and 18 AAC 50.990;

(C) “potential to emit” has the meaning given in AS 46.14.990;

(D) “stationary source” has th e meaning given in AS 46.14.990;

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under the regional haze rule), as revised as of July 1, 2007.

(b) Sources subject to BART shall be identi fied consistent with Section III of the BART guideline. No later than 5 days after December 30, 2007, the De partment shall notify the owner or operator of each source subject to BART in writing and shall identify the affected Class I areas. A notice provided to the owner or operator prior to Dece mber 30, 2007 shall satisfy this obligation. Unless the department exempts a s ource in accordance with S ection III of the BART guideline, each source subject to BART shall comply with (d) through (h) and ( l ) through (o) of

this section.

(c) An owner or operator no tified under (b) of this sect ion may request an exemption from BART. Exemptions from BART approved by the department in wr iting prior to December 30, 2007 shall have the same effect as those appr oved under this subsection. An exemption from BART must be requested and processed as follows:

(1) the owner or operator shall:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

73 (A) notify the department no later th an 10 days after the latter of December 30, 2007 or notification under (b) of this section that they intend to request exemption from BART through visibility impact analysis modeling; and

(B) submit, no more than 30 days af ter the later of December 30, 2007 or the date of the department’s notice under (b) of this section, a visibility impact analysis modeling protocol that will meet the requireme nts of (h)(3) of this section for refined visibility impact analysis modeling:

(2) no later than 30 da ys after receiving a submis sion under (1)(B) of this subsection, the department will:

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval;

(3) upon approval of the modeling prot ocol, the owner or operator shall

(A) conduct a visibility impact an alysis in accord ance with (h)(3) of this section; and

(B) submit the visibility impact an alysis report, including all supporting documentation, to the department no later than 60 days after the department approves a modeling protocol for the visibility impact an alysis; if a modeling protocol is submitted and approved prior to December 30, 2007, the visi bility impact analysis report required

under this section shall be submitted no later than 90 days after December 30, 2007;

(4) the department will approve an exemption if the owner or operator meets the requirements of (1) and (3) of this subsection and the information submitted adequately demonstrates that the BART-eligible source is no t reasonably anticipated to cause or contribute to any impairment of visibility in a Class 1 Area identified in the no tice provided under (b) of this section;

(5) if the department does not approve an exemption based on the visibility impact analysis submitted under (c)(1) and (c)(3) of this section, the owne r or operator shall:

(A) submit a BART control analysis under (d) and (e) of this section; or

(B) submit an application under 18 AAC 50.225 for owner-requested limits (ORL); that application must be submitted no later than 30 days after the date of the disapproval; upon approval of an ow ner requested limit under 18 AAC 50.225, the owner or operator shall comp ly with the terms and conditi ons of the approval; if the owner requested limit is subsequently resc inded, the owner or ope rator shall conduct a BART control analysis in accordance with (d) – (o) of this section;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

74 (6) the department will notify the owner or operator, the Environmental Protection Agency, and each affected federal la nd manager, in writing, of a department approval or disapproval under this subsecti on; if the decision is to appr ove an exemption, either through visibility impact analysis or an owner-reques ted limit, the department will explain what requirements of this section no longer apply to the BART-eligible source.

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) of this section or if the depa rtment denies the exemption requ est under (c) of this section, the owner or operator shall submit a BART a ssessment modeling protocol that meets the requirements of (h)(3) of this section for contro l technology visibility im pact analysis modeling no more than 30 days after the latest of December 30, 2007

, the date of the department’s notice under (b) of this section, or th e date of the department’s no tice disapproving the exemption request under (c) of this secti on. No more than 30 days after submission of a modeling protocol under this subsection, the department will

(1) approve the modeling protocol; or

(2) disapprove the modeling protocol a nd notify the owner or operator of the reasons for the disapproval.

(e) For purposes of analyzi ng the visibility impact from potential control technologies, the owner or operator of each sour ce subject to BART shall submit to the department an analysis of control options consistent with Section IV of the BART guidelines;

(1) no more than 210 days after the late r of December 30, 2007 or the date of the department’s notice under (b) of this section, if the owner or operator did not submit an exemption modeling protocol under (c)(1) of this section; or

(2) no more than 180 days after the date of the department’s notice disapproving an exemption request submitted under (c) of this section.

(f) The pollutants of concer n for purposes of BART are SO 2 , NO x , and PM 10

.

(g) If an owner or operator elects to a pply, or has already app lied, the most stringent

controls available consistent wi th the analysis conducted under (e ) of this section, they are not required to conduct a visibility im pact analysis for the emission units and pollutants to which the controls are to be or have been applied.

(h) A visibility impact analysis must:

(1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls;

(2) determine the maximum change in visibility impacts in daily deciviews, between the current or pre-cont rol technology and each potential BA RT control option consistent with the approved modeling protocol compared to the annual average defa ult natural visibility

condition as listed in EPA’s Guidance for Estimating Natural Vi sibility Conditions Under theRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

75 Regional Haze Rule , EPA-454/B-03-005, dated September 2003 and adopted by reference, at

each Class I area identified in th e notice under (b) of this section.

(3) be conducted in a ma nner consistent with either:

(A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol for BART Exemption Sc reening Analysis for Class I Areas in the Western United

States , dated August 15, 2006 and adopted by reference, as amended by the Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by reference; or

(B) a modified protocol that was first submitted as a draft and made available for at least a 15-day review by EPA and each affected federal land manager, and subsequently approved in writing by the department.

(i) The department will request from the owner or operator any additional information necessary to complete review of the analysis of control options for a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or operator. The owner or operator shall provide such information no later than the deadline established by the department.

(j) The department will review each analysis of control options and issue a preliminary

BART determination for each emission unit at each source subject to BART. In the preliminary BART determination, the department will include:

(1) the pollutant-specific emission li mits for each emission unit at each source subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j);

(k) No more than 120 days after receipt of BART analysis under (e) of this section, the department will publish a notice of its preliminary BART determination and provide at least 30 days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 18 AAC 50.040(j) except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(2) the department will hold a public hear ing only if one is requested within 15 days after publication of the notice.

( l ) Within 15 days after the deadline fo r receipt of public comments, and after consideration of comments and testimony recei ved, the department will make a final BART determination and provide written notice to each owner or operator, EPA, each affected federalRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

76 land manager, and any person who commented on th e preliminary BART determination. In the final BART determination, the department will include

(1) the pollutant-specific emission li mits for each emission unit at each source subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(m) An informal review of the final BART determination may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of th e final BART determination may be requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

(n) As expeditiously as practi cable, but in no case more than five years after the date of EPA approval of the regional haze state implem entation plan required under 42 U.S.C. 7410 and 7491, the owner or operator of a source that is subj ect to a final BART determination under this section shall comply with the requiremen ts established in that determination.

(o) The owner or operator of a source requi red to install control equipment to comply

with the BART determination shall:

(1) maintain the control equipment and establish procedures to ensure that the equipment is properly operated and maintained; and

(2) conduct monitoring, r ecordkeeping, and reporting in accordance with the

methods set out in the final BART determination.

(p) Department services under this sect ion are designated regulatory services for preapplication assistance and will be billed to the operating permit covering the source subject to BART as set out in 18 AAC 50. 400(j)

(q) In this section,

(1) “BART” has the meaning given the term “Best Available Retrofit Technology” in 40 C.F.R. 51.301, adopted by re ference in (a) of this section;

(2) “ BART-eligible source” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(3) “BART guidelines” means 40 C.F.R. Part 51, Appendix Y (Guidelines for BART determinations under the regional haze rule), adopted by reference in (a) of this section.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

77 (4) “cause or contribute to impairment of visibility” means to release emissions that produce a 0.5 or greater change in the da ily deciview when comp ared against natural conditions; for the purposes of this paragraph, “n atural conditions” includ es naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration;

(5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(6) “existing stationary facility” ha s the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(7) “federal land manager” has th e meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(8) “maximum change” means the greatest relative change in visibility between pre-BART controls and post-BART cont rols for purposes of this section;

(9) “sources subject to BART” means a source identified by the department in

accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” me ans an air quality modeling analysis conducted for the purposes of determining visibili ty impacts. (Eff. 12/30/2007, Register 184; am 7/1/2010, Register 194; am 10/6/2013, Register 208)

Authority: AS 46.03.710 AS 46.14.010 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.030

Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I areas in the Western United States , and the Summary of WRAP RMC BART Modeling for Alaska, Draft #7 , adopted by reference in 18 AAC 50.260(h), may be reviewed at the department's Anchorage, Fairbanks, or Juneau o ffice. To obtain a copy of these or any other documents adopted by reference in this secti on, contact the Department of Environmental Conservation, Air Quality Di vision at (907) 465-5100.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

78 Article 3. Major Stationary Source Permits.

Section 300. (Repealed) 301. Permit continuity 302. Construction permits 305. (Repealed) 306. Prevention of significant deterioration (PSD) permits 310. (Repealed) 311. Nonattainment area major stationary source permits 315. (Repealed)

316. Preconstruction review for c onstruction or reconstruction of a major source of hazardous air pollutants 320. (Repealed) 321. Case-by-case maximum achievable control technology determinations 322. (Repealed) 325. (Repealed) 326. Title V operating permits 330. (Repealed) 335. (Repealed) 340. (Repealed) 341. (Repealed) 345. Construction and operating permits: standard permit conditions 346. Construction and operating permits: other permit conditions 350. (Repealed) 355. (Repealed) 360. (Repealed) 365. (Repealed) 370. (Repealed) 375. (Repealed) 380. (Repealed) 385. (Repealed) 390. (Repealed)

18 AAC 50.300. Construction pe rmits: classifications. Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 2/2/2002, Register 161; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.301. Permit continuity. (a) An air quality permit that is effective under this chapter as of October 1, 2004 remains in effect until it

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.280; or

(3) is replaced by a permit issued under this chapter.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

79 (b) For a permit under this chapter, if the applicant has submitted a complete application before October 1, 2004, but the department has not yet issued the permit by that date, the

(1) applicant may request in writing that the department process the application under the regulations in effect befo re or after October 1, 2004; and

(2) department will process the appli cation in accordance with the applicant’s request. (Eff.10/1/ 2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230

AS 46.14.010 AS 46.14.130 AS 46.14.280

AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a construction permit before beginning actual cons truction of a new major stationary source, a major modification, a PAL major modification, or a new stationary source or modification subject to the construction permitting requirement s of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or operator must obtain one or more of the following types of construction permits, as applicable:

(1) a prevention of significant deteri oration (PSD) permits under 18 AAC 50.306;

(2) a nonattainment area major stat ionary source permit under 18 AAC 50.311;

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous air pollutants.

(b) If a stationary source or modificati on requires permits under mo re than one section in this chapter, the owner or operator may file a single permit application, and the department will issue a single permit incorporating all applicable construction permit requirements.

(c) If a term or condition is established in a PSD permit listed in (a)(1 ) of this section, or established in a PSD permit incor porated into a permit under (b) of this section, and is identified in the permit as solely necessary to meet a Titl e V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3), the term or condition is considered a Title V term or condition upon incorporation into a Title V permit. A subseque nt revision to the term or condition may be made solely through the app licable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff.10/1/2004, Re gister 171; am 12/9/2010, Register 196; am 9/ 14/2012, Register 203)

Authority : AS 46.03.020 AS 46.14.030 AS 46.14.140 AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020Register 214, July 2015 ENVIRONMENTAL CONSERVATION

80 18 AAC 50.305. Construction permit provisions requested by the owner or
operator. Repealed. (Eff. 1/18/ 97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.306. Prevention of significan t deterioration (PSD) permits. (a) An owner or operator must obtain a prevention of significant deterioration (PSD) permit under this section before beginning actual construction of a new major stationary source, a major modification, or a PAL major modification.

(b) To satisfy the requirement of (a) of th is section, the owner or operator must comply with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the following changes:

(1) in 40 C.F.R. 52.21,

(A) the term “administrator” means

(i) “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and

(ii) “department” elsewhere;

(B) the term “national ambient air qua lity standard” means an ambient air quality standard set out in 18 AAC 50.010 for this state;

(C) the term “ambient air incremen t” or “maximum allowable increase”

means a maximum allowable increase set out in Table 3 in 18 AAC 50.020(b), calculated as described in 18 AAC 50.020;

(2) exclusions from increment consumption apply to the maximum extent allowed under 18 AAC 50.215(b)(2);

(3) in 40 C.F.R. 52.21(i)(1)(xi), each re ference to the date “July 15, 2008” is replaced with “December 9, 2010”.

(c) The department will issue each permit under this section following the procedures and other requirements of AS 46.14, and of 40 C.F.R. 51.166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18 AAC 50.040, with the following additions and exemptions:

(1) the date of receipt of the application is the date that the department has received all required informati on under AS 46.14.160 and this section;

(2) the department will provide at least 30 days for the public to comment, and upon its own motion or upon a request in accord ance with 18 AAC 15.060, will hold a public hearing on the application as de scribed in 18 AAC 15.060(d) - (h);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

81 (3) if requested by the owner or operator of a stationary source or modification that requires both a PSD permit and a Title V perm it or permit modification, the department will integrate review of the operating permit a pplication or amendment required by 18 AAC 50.326 and the PSD permit application required by this se ction; a PSD permit application designated for integrated review will be processed in accordance with procedures and deadlines described in

18 AAC 50.326.

(d) In each PSD permit issued under this sect ion, the department will include terms and

conditions (1) as necessary to ensure that the permittee will construct and operate the proposed stationary source or m odification in accordance with th is section, incl uding terms and

conditions consistent with AS 46.14. 180 that require the permittee to

(A) install, use, and main tain monitoring equipment;

(B) sample emissions according to the methods prescribed by the department, at locations and intervals specifi ed by the department, and by procedures specified by the department;

(C) provide source test reports, m onitoring data, emissions data, and information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on pr ocess operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420.

(e) A person described in AS 46.14.200 ma y request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 – 18 AAC 15.340. (Eff.10/1/2004, Re gister 171; am 7/25/2008, Re gister 187; am 12/9/2010, Register 196; am 1/4/2013, Register 205)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.311. Nonattainment area major stationary source permits. (a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, before commencing construction of a major stati onary source, major modi fication, or PAL major modification for a nonattainment pollutant in a no nattainment area, an owner or operator must obtain a construction permit from the department.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

82 (b) The application for a permit under this section must include

(1) for the nonattainment air pollutant, a

(A) demonstration, including substan tiating information, that emissions of the pollutant will be controlled to a rate that represents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissions from other stationary sources within the nonattainmen t area will equal or exceed the expected

maximum emissions increase from the construc tion and operation of th e stationary source or modification; and

(C) description of the proposed reduc tions in actual emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description must

include (i) from each stationary source providing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(4); and

(ii) a certification that proposed re ductions in actual emissions will

occur before the onset of emission incr eases from the stationary source or modification;

(2) a demonstration that other statio nary sources owned or operated by the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clea n Air Act, and applicable federal regulations; or

(B) an order issued under AS 46.03 that controls air emissions from those stationary sources; and

(3) a demonstration that the benefits of construction, operation, or modification of the stationary source will significantly outw eigh the environmental and social costs incurred, considering factors such as al ternative sites, sizes, production processes, and environmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by reference, the department will provide notic e and opportunity for a 30 - day public comment period on the department’s proposed permit or pr oposed denial. The department will issue a permit only if the department finds that the appl icant has shown that the stationary source or modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by

reference in 18 AAC 50.040.

(d) In each construction permit issued unde r this section, the department will include

terms and conditionsRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

83 (1) as necessary to ensure that the proposed stationary source or modification will meet the requirements of this section, incl uding terms and conditions consistent with

AS 46.14.180 for

(A) installation, use, and mainte nance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department, at locations and intervals specifi ed by the department, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analysis of any test samples;

(D) keeping records; and

(E) making periodic reports on pr ocess operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170

AS 46.03.850 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140

18 AAC 50.315. Construction permits: review and issuance . Repealed. (Eff. 1/18/97, Register 141; am 6/ 21/98, Register 146; am 7/11/ 2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.316. Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants. (a) Applicability. The owner or operator of a major source of hazardous air pollutants subject to a standard under 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040, must obt ain a construction permit before

(1) constructing a new major source of h azardous air pollutants subject to that standard; (2) reconstructing a major source of h azardous air pollutants subject to that standard; or

(3) reconstructing a major source of hazar dous air pollutants in a way that causes the source to become an affected source that is major-emitting under 40 C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63.5(d) - (e), adopted by reference in 18 AAC 50.040, means “departmen t” for the purposes of this section.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

84 (c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepar ed and submitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After receiving a co mplete application,

(1) the department will prepare a report that contains a preliminary decision to approve or deny the permit application; the depa rtment will make a decision to issue the permit only if the department determines that the criter ia of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040, are met;

(2) if the department makes the pr eliminary decision to deny the permit application, the owner, operator, or permittee may submit additional information for the department to consider before the depa rtment makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates by which the applicant must submit any addi tional information under this paragraph;

(B) within 60 days after receiv ing the additional information, the department will

(i) make a preliminary decision to approve or approve with conditions; or

(ii) take a final permit action and deny the permit application for

cause;

(3) if the department makes a pre liminary decision to approve the permit application, the department will

(A) prepare a draft permit;

(B) provide at least 30 days for the public to comment, and upon its own motion or upon a request in accordance w ith 18 AAC 15.060, will hol d a public hearing on the application as describe d in 18 AAC 15.060(d) - (h); and

(C) make available for public review the materials submitted by the applicant and a copy of the pr oposed permit in at least one location within the area known or expected to be affected by th e stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will issue the permit consistent with AS 46.14.170.

(d) Permit Content. In a permit under this section, the department will include terms

and conditions that

(1) reference specific applicable requir ements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

85 (2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 -

18 AAC 50.420.

(e) Notification. For each notification that the owne r or operator is re quired to send to the administrator under 40 C.F.R. 63.9, adopt ed by reference in 18 AAC 50.040, the owner or operator shall also send a copy of the notification to the department. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.320. Construction permits: content and duration. Repealed. (Eff. 1/18/97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.321. Case-by-case maximum achievable control technology

determinations. (a) Purpose. This section implements EPA requirements for case-by-case

maximum achievable control t echnology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in

18 AAC 50.040.

(b) Applicability. This section applies to any owne r or operator who constructs or reconstructs a major source of hazardous ai r pollutants after October 1, 2004, unless the

(1) major source of hazardous air polluta nts has been specifically regulated or exempted from regulation by a standard under 42 U. S.C. 7412(d), (h), or (j ) (Clean Air Act secs. 112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempt ed under (c) of this section.

(c) Exclusions from this section. The requirements of this section do not apply to

(1) an electric utility steam generating un it unless, and until such time as that unit is added to the source category lis t under 42 U.S.C. 7412(c)(5) (Clean Air Act, sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9 ) (Clean Air Act, se c 112(c)(9)); or

(3) research and development activities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous ai r pollutants unless the department has made a final and effective case-by-case determination unde r (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlledRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

86 to a level no less stringent than the maximum achievable control tec hnology emission limitation

for new sources.

(e) Procedures for MACT determinations. To satisfy the require ments of (d) of this section the owner or operator must obtain a noti ce of MACT approval under the procedures of 40 C.F.R. 63.43(d) – (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the department will coordinate processing of the not ice of MACT approval with the processing of any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) the definitions of 40 C.F.R. 63.4 1 are adopted by refe rence, except that “permitting authority” means the department;

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F. R. 63, Subpart A, except that “construction,” “emission standard,” “hazardous air pollutant,” “ operator,” “owner,” “potential to emit,” and “stationary source” have the meanings given in AS 46.14.990 and “fugitive emissions” has the meaning given in 18 AAC 50.990. (Eff. 10/1/2004, Register 171; am 12/ 1/2004, Register 172; am 10/6/2013, Register 208)

Authority: AS 46.14.010(a) AS 46.14.020

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.325. Operating permits: classifications. Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; re pealed 10/1/2004, Register 171)

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. Except as provided in (b) – (k) of this se ction, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Pa rt 71, as adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are adopted by reference, except that

(1) “permitting authority” and “delegate agency” mean the department;

(2) “applicable requirement” also means any obligation created by AS 46.14, this chapter, or a term or condition of a prec onstruction permit issued by the department”;

(3) “part 71 permit” means a Title V permit;

(4) “part 71 program” means the permit program under this section;

(5) “part 71 source” means any source subject to the permitting requirements under this section;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

87 (6) “emissions unit” has the meaning given in AS 46.14.990;

(7) “stationary source” has th e meaning given in AS 46.14.990;

(8) “administrator” means the administra tor of EPA, except that “administrator” or “regional administrator” means the department at

(A) 40 C.F.R. 71.3(e); and

(B) 40 C.F.R. 71.6(a)(7).

(c) Applications. To be timely, an application must satisfy AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i) - (ii) do no t apply. To be timely, an application for renewal must also satisfy 40 C.F.R. 71.5(a)(1)(iii). Appli cation fees must be paid in accordance with 18 AAC 50.400 – 18 AAC 50.430. To establish confidentiality for information submitted to the department, the owner and operator must satisfy the require ments of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50. 205 apply to a permit application, report, or compliance certification under this section, and 40 C.F.R. 71.5(d) does not apply. After March 13, 2013, an applicant for an operating permit, modifi cation or revision to an operating permit, or renewal of an existing operating permit must use the department’s Title V Standard Application

and Forms , adopted by reference in 18 AAC 50.035(a). The owner or operator of an existing Title V source who is planning a modification th at requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I a nd Title V permits, in which the department will consolidate all required public notices, hearings, and comment periods; the applicant may provide either one application for both requested permits, or two separate applications; or

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040; to qua lify for this option, the application must satisfy the requirements for both the Title I and Titl e V applications; for applications that qualify, the department will issue or deny the Title I permit following the required procedures for the Title I permit, and all of the procedures of this section; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications – insignificant emission units. The provisions in 40 C.F.R. 71.5(c)(11) for insignificant emission units and activities do not apply an d are replaced by (d) - (i) of this section. Emissi on units and activities described in (e) - (i) of this section are insignificant and need not be included in an operating permit application except as follows:

(1) an emission unit is not insignificant and must be included in an operating permit application if the emission unit is subject to

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - (d);

(B) an emission unit-specific requirement established underRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

88 (i) 18 AAC 50.201;

(ii) a construction permit issu ed under this chapter; or

(iii) a permit issued before January 18, 1997; or

(C) a stationary source-specifi c or emission unit-specific emission limitation;

(2) the application must list each requirement of 18 AAC 50.040(e), 18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, a nd 18 AAC 50.090 that applies to insignificant emission units at the stationary source;

(3) the application must list each emissi on unit at the stationary source that is identified as insignificant under (e) or (g) of th is section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriatel y listed as insignificant;

(4) the application may not omit informa tion needed to evaluate the fee required under 18 AAC 50.410;

(5) the application must include comp liance certification based on reasonable inquiry for insignificant emission units; a complia nce certification made during the permit term according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant emission units;

(6) the application must propose conditi ons for monitoring, record keeping, and reporting if the conditions are neces sary to assure compliance with requirements identified in (2)

of this subsection.

(e) Applications – insignificant emissi on units: emission rate basis. Except as provided in (d) of this secti on, an emission unit is insignificant based on emission rate if its actual emissions of each air pollutant are less than the rates listed in this subsection. If requested by the department, an applicant or permittee sha ll demonstrate that an emission unit listed as insignificant under this subsect ion has actual emissions less than the following rates:

(1) five TPY of carbon monoxide;

(2) two TPY of nitrogen oxides;

(3) two TPY of sulfur oxides;

(4) two TPY of volatile organic compounds;

(5) 0.75 TPY of PM-10;

(6) 0.005 TPY of lead;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

89 (7) 0.15 TPY of fluorides;

(8) 0.35 TPY of sulfuric acid mist;

(9) 0.5 TPY of hydrogen sulfide;

(10) 0.5 TPY of total reduced sulf ur, including hydrogen sulfide;

(11) 0.000000175 TPY of municipal waste co mbustor organics, measured as total tetra- through octa- chlorinated dibe nzo-p-dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combus tor metals, measured as particulate

matter;

(13) two TPY of municipa l waste combustor acid gase s, measured as Sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substan ces in aggregate, the sum of Class I and

Class II substances as defined in the Clean Air Act and 40 C.F. R. Part 82, adopted by reference in 18 AAC 50.040;

(15) for greenhouse gases, 3,750 TPY of CO 2 equivalent emissions (CO 2 e);

(16) 0.5 TPY for any regulated air polluta nt not listed in (1 ) – (15) of this

subsection.

(f) Applications – insignificant emi ssion units: category basis. Except as provided in (d) of this section, the fo llowing categories of emissi on units are insignificant:

(1) mobile transport tanks on vehicles , except for those containing asphalt or volatile liquids;

(2) lubricating oil storage tanks;

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and a queous salt solutions if covered in a manner that minimizes or prevents unintended emissions; this category does not include equipment used to mix or package powdered detergent, spray dryers, or any equipmen t that must have an emission control device to comply w ith the requirements of 18 AAC 50.045(d) or 18 AAC 50.055;

(4) pressurized storage of oxygen, nitrogen, carbon dioxide , air, or inert gasses;

(5) vents from continuous emissions monitors and ot her analyzers;

(6) sampling connections used exclusivel y to withdraw materials for laboratory analyses and testing;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

90 (7) sample gathering, prep aration, and management;

(8) equipment and instrumentation used fo r quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipment;

(10) individual laboratory hoods;

(11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufactur ing, industrial, or co mmercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activi ties such as routin e housekeeping, grounds keeping, lawn and landscaping activities, genera l repairs, cleaning, pa inting, welding, plumbing, re-tarring roofs, applying insula tion to buildings in accordance with applicable environmental and health and safety requirements, and paving or striping parking lots if these activities are not conducted as part of a manufacturing process, are not related to the prim ary business activity of the stationary source, and do not otherwise requi re a permit revision; th is category does not include process control flares, spra y paint equipment for rail cars or ai rcraft, or boilers or internal combustion engines used to provi de electric power or heat;

(14) portable solid waste containers such as dumpsters for municipal solid waste or office wastes;

(15) structural changes that do not give rise to air pollutant emissions; this category does not include emissions from construction activities;

(16) portable welding, brazing, cutti ng, and soldering operations used in incidental maintenance;

(17) recreational firepla ces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption including cafeterias, kitchen facilities, and barbecues locat ed at a source for providing f ood service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations;

(21) washers, dryers, extractors, and tumb lers for fabrics using water solutions of bleach or detergents;

(22) janitorial servic es and consumer use of janitorial products;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

91 (23) office activities;

(24) materials and equipment used by, and activity related to, operation of an infirmary if the infirmary is not the stationary source’s business activity; this category does not include medical waste incineration at military bases;

(25) personal ca re activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wastewater trea tment facilities;

(28) cleaning and sweeping of streets and paved surfaces;

(29) fuel and exhaust emissions from vehicles in parking lots;

(30) flares used to indicate danger to the public;

(31) firefighting and similar safety equipment and equipment used to train firefighters not subj ect to 18 AAC 50.065;

(32) non-commercial smokehouses;

(33) drop hammers or hydraulic pre sses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and storag e of plastic pellets;

(37) plastic pipe welding;

(38) tire buffing where a water spray is used with the particulate collection system to prevent smoke generation;

(39) wet sand and gravel screening;

(40) wax application;

(41) ultraviolet curing processes;

(42) hand-held applicator equi pment for hot melt adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

92 (45) portable drums and totes;

(46) hand-held equipment for buffin g, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

(47) oxygen, nitrogen, or rare gas ex traction and liquefaction equipment; this category does not include associated power generation equipment;

(48) equipment used exclusively to sl aughter animals; this category does not include other equipment at slaughterhouses such as rendering cookers, bo ilers, heating plants, incinerators, and electrical power generating equipment;

(49) ozonation equipment;

(50) demineralization and oxygen sc avenging (deaeration) of water;

(51) pulse capacitors;

(52) laser trimmers using dust collection to prevent fugitive emissions;

(53) gas cabinets using only gasses that are not regulated air pollutants;

(54) Carbon dioxide lasers used only on metals and other materials that do not emit hazardous air pollutants in the process;

(55) photographic process equipment by which an image is reproduced upon

material sensitized to radian t energy such as blueprint activity, photocopying, mimeograph, telefacsimile, photographic deve loping, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrost atic testing equipment;

(58) batteries and battery charging areas; this category does not apply to manufacturing or rebuilding facilities;

(59) salt baths using nonvolatile salts that do not result in emissions of any regulated air contaminants;

(60) shock chambers;

(61) mechanical wire strippers;

(62) humidity chambers;

(63) solar simulators;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

93 (64) environmental chambers that do not use hazardous air pollutant gasses;

(65) steam vents and safety relief va lves not emitting process chemicals;

(66) air compressors, pneumatically opera ted systems, and related hand tools;

(67) digester chip feeders;

(68) process water and wh ite water storage tanks;

(69) demineralizer tanks;

(70) hydrogen peroxide tanks;

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and cooling systems;

(72) winders;

(73) chipping;

(74) debarking;

(75) pulp mill sludge dewatering and handling;

(76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devi ces and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical circuit breakers, transf ormers, or switching equipment installation or operation;

(80) electric or steam-hea ted drying ovens or autoclav es, excluding the articles or substances being processed in the ovens or au toclaves and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sump s, and lift stations associated with

wastewater treatment systems at publicly owned treatment works;

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those tanks and equipment do not emit volatile or ganic compounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vent s; this category does not include venting at oil and gas produc tion facilities;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

94 (84) lubricating pumps, sumps, and systems;

(85) well service equipment;

(86) aircraft ground support equipment (AGE), lights, and heating, ventilation, and air conditioning (HVAC) support; this category does not include portable power generators;

(87) engine crankcase vents a nd equipment lubricating sumps;

(88) tanks containing separated water produced from oil and gas operations;

(89) skimmer pits, oil-water separators , and maintenance of filter separators;

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater conveyance facilities;

(91) site assessment work, including the evaluation of waste disposal or remediation sites;

(92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;

(94) vent emission from ga s streams used as buffer or seal gas in rotating pump and compressor seals;

(95) natural gas odor izing activities;

(96) pneumatic starters on reciprocating engines, turb ines, compressors, or other equipment;

(97) pipeline maintena nce pigging activities;

(98) truck, car, or aircra ft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean-out of tanks and equipment for the purpose of worker entry or in preparation for main tenance or decommissions;

(100) fugitive emissions of jet fuels asso ciated with aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be moved by hand from one location to another;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

95 (102) natural gas and liquefied petr oleum gas (LPG) vehicle fleet fueling facilities;

(103) military field exercises, except emissions from permanent stationary

sources;

(104) fire suppression;

(105) storage of water-trea ting chemicals to be used in a drinking water system or a boiler water feedwater system.

(g) Applications – insignificant emission units : size or production rate basis. Except as provided in (d) of this section, the following emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage tanks and storage vessels with less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage tanks with not greater than 1,100-gallon capacity, with lids or other closure no t for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liquid storage with 10,000- gallon capacity or less, with lids or other clos ure and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of me rcury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum gas (LPG) storage tanks with ve ssel capacity under 40,000 gallons;

(5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per hour exclusively using natural gas, butane, propan e, or liquefied petroleum gas (LPG); emission units under this paragraph do not incl ude internal combustion engines;

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel cont aining less than 0.5 per cent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for ot her fuels; emission units under this paragraph do not include in ternal combustion engines;

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not include internal combustion engines;

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per hour if burning used oil; emission units under this paragraph do not incl ude internal combustion engines;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

96 (9) a combustion emission unit with a rated capacity less than 450,000 Btu per hour if burning wood waste or wast e paper; emission units under this paragraph do not include internal combustion engines;

(10) welding using not more than 50 pounds per day of welding rod;

(11) foundry sand molds, unheated and us ing binders with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallons of coating per year;

(13) printing and silkscreening usin g less than two gallons per day of any combination of inks, coatings, adhesives, fountai n solutions, thinners, retarders, or nonaqueous solutions if they do not cont ain hazardous air pollutants;

(14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with ba rometric jets or condensers, and that do not use chromium-based corrosion inhibitors;

(15) combustion turbines rated at less than 160 horsepower;

(16) batch distillation equipment with a batch capacity not greater than 55 gallons and used only for solvents that do not contain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square f eet of air-vapor interface; and

(B) using solvent

(i) that does not contain a hazardous air pollutant; and

(ii) with a vapor pressure not more than 30 millimeters (mm) of mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than tw o gallons per day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pu mping equipment with lids or other appropriate closure for storage or dispensing of aqueous soluti ons of inorganic salt s, bases, and acids;

(20) cleaning and stripping activities and equipment us ing solutions having less than one percent volatile organic compounds (VOCs) by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other cl osures used exclusively to pump, load, unload, or store organic material that has an in itial boiling point (IBP) not less than 150 degreesRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

97 Celsius and a vapor pressure not more than 5 m illimeters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspension containing less than one percent volatile organi c compounds (VOCs);

(23) storage and handling of water-based lubricants for metal working if the organic content of the lubrican t is less than 10 percent;

(24) municipal or industria l wastewater chlorination faci lities of not greater than 1,000,000 gallons per day capacity;

(25) diesel engines of 250 horsepower or less being used to provide power for well servicing equipment.

(h) Applications – insignificant emissi on units: case-by-case basis. This subsection lists emission units or activities that may be in significant on the basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard

under 18 AAC 50.050 – 18 AAC 50.090 must be liste d on the permit application. Except as provided in (d) of this section, the department may determine the following emission units to be insignificant on a case-by-case basis:

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water Pollution Control Act, National Pollutant Discha rge Elimination System), and that are used solely for settling suspended solids a nd skimming oil and grease; and

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee.

(i) Applications – insignificant emission units: administratively insignificant

emission units. The following emission units might ha ve significant emissions, but are considered administratively insignificant emi ssion units for the purpose of operating permit applications:

(1) the propulsion of mobile sources;

(2) general vehicle maintena nce, including vehicle exhaus t from repair stationary sources; and (3) agricultural activities on the proper ty of a stationary source that are not subject to review by the department under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502

and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions issued under this section will be developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except

as follows: (1) with respect to any fee requirement or reference, the applicable provisions of 18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

98 (2) the department will include the expiration date in the permit; the permit duration and expiration provision s of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this s ection will also be subject to the standard operating permit conditions and other permit co nditions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviations is subject to the de partment’s Standard Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)( 1 ) – (B)( 4 ); the provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the standard permit conditions of 18 AAC 50.345;

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title V permit, consistent with AS 46.14.020(b) and 46. 14.180, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chapter;

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not federally enforceable unless required by the Clean Air Act; that term or condition is not subject to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each term or condition that is not federally enforceab le and not subject to affected state review;

(6) inspection and entry requirements ar e subject to AS 46.14.515; the provisions of 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordance with this section, and with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this section

will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests that the department send th e notice by postal mail, the department will send the notice to the person by postal mail;

(2) the department will onl y issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7( a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after th e 45-day review period in AS 46.14.220 and the department has not issued the final permit, the de partment will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

99 (B) objections that were raised du ring the public comment period for the permit, unless the petitioner s hows that raising th e objection during the public comment period was impracticable or that grounds fo r the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that ma kes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been dele gated does not apply, including the phrase “in the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the phrase “When a part 71 program has been delegate d in accordance with the provisions of this section,” in 40 C.F.R. 71.10;

(5) a permit under this sec tion becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final de cision to approve or deny an application for a Title V permit, the department will notif y the applicant and any person who commented on the application; a person described in AS 46.14.200 may request an adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an app lication, the department will include the reasons for denial;

(7) the department will keep for five y ears any record and submit to the federal administrator any information that the federal ad ministrator may reasonably require to ascertain whether the state Title V permit program comp lies with the requirements under 42 U.S.C. 7661 – 7661f (Title V, Clean Air Act).

( l ) Significant permit modifications. If an existing Title V permit prohibits construction or a change in operation for which a permit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant permit modification to the Title V permit before commencing operation that incorporates the construction or change. (Eff. 10/1/2004, Re gister 171; am 12/1/ 2004, Register 172; am 9/17/2011, Register 199; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190

AS 46.14.010 AS 46.14.150 AS 46.14.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

18 AAC 50.330. Operating permits: exemptions . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335. Operating permits: application . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Regi ster 168; repealed 10/1/2004, Register 171)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

100 18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction, minor and op erating permits: standard permit

conditions. (a) Subsections (b) – (o) of this secti on set out standard permit conditions that the department will include in each operating permit. The department may include the conditions set out in (c)(1) and (2) and (d) – (o) of this sec tion in each minor permit and construction permit. The conditions set out in (m) – (o) of this sect ion do not apply to visibl e emissions observations by smoke readers, except in connection with required pa rticulate matter testing.

(b) Compliance with permit terms and conditions is considered to be in compliance with those requirements that are

(1) included and specifically identified in the permit; or

(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance with a permit term or condition constitutes a viol ation of AS 46.14, this chapter, and, except for those terms or conditions designated in the perm it as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and re issuance, or modification in accordance with AS 46.14.280; or

(3) denial of an operating permit renewal application.

(d) It is not a defense in an enforcemen t action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a permit

term or condition.

(e) Each permit term and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modification, revocation and reissuance , or termination or a notification of planned cha nges or anticipated noncomplia nce does not stay any permit

condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

101 (h) The permittee shall allow the departme nt or an inspector authorized by the department, upon presentation of credentials and at reasonable times with the consent of the

owner or operator to

(1) enter upon the premises where a source subject to the permit is located or where records required by the permit are kept;

(2) have access to and copy any records required by the permit;

(3) inspect any stationary source, equipment, practices, or operations regulated by or referenced in the permit; and

(4) sample or monitor substances or pa rameters to assure compliance with the permit or other applicable requirements.

(i) The permittee shall furnish to the de partment, within a reasonable time, any information that the department requests in writing to determine whether cause exists to modify, revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon request, the permittee shall furnish to the department copies of reco rds required to be kept by the permit. The department may require the permittee to furnish copies of those records directly to

the federal administrator.

(j) The permittee shall certify any permit a pplication, report, affirmation, or compliance certification submitted to the department a nd required under the permit by including the signature of a responsible official for the pe rmitted stationary source following the statement:

“Based on information and belief formed after r easonable inquiry, I certify that the statements

and information in and attached to this docum ent are true, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other documents must be certified upon

submittal.

(k) In addition to any source testing explic itly required by the permit, the permittee shall conduct source testing as requested by the departme nt to determine complia nce with applicable permit requirements.

( l ) The permittee may request an extension to a source test deadlin e established by the department. The permittee may delay a source te st beyond the original deadline only if the extension is approved in writing by the department’s appropriate di vision director or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how th e emission unit will operate during the test and how the permittee will document that operation. The permittee shall submit a complete plan within 60 days after receiving a request under (k) of this section and at least 30 days before the scheduled date of any test unless the department agrees in writing to some other time period. Retesting may be done without resubmitting the plan.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

102 (n) At least 10 days before conducting a source test, the permittee shall give the department written notice of the date and the time the source test will begin.

(o) Within 60 days after completing a source test, the permittee shall submit two copies

of the results in the format set out in the Source Test Report Outline , adopted by reference in 18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section. If requested in writing by the department, the permittee must pr ovide preliminary results in a shorter period of time specified by the depart ment. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the re quirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. The department’s Standard Permit Condition II – Air Po llution Prohibited, as revi sed as of September 27, 2010, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Ti tle V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of September 27, 2010;

(2) Standard Permit Condition II I – Excess Emissions and Permit Deviation Reports, as revised as of September 27, 2010;

(3) Standard Permit Condition IV – No tification Form, as revised as of September 27, 2010;

(4) Standard Operating Permit Conditi on V – Insignificant Sources, as revised as of September 27, 2010;

(5) Standard Operating Permit Conditi on VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Cond ition VII – Operating Reports, as revised as of September 27, 2010.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

103 (7) Standard Operating Permit Cond itions XIV – Document Submittals and Electronic Copies, as revised as of August 20, 2008;

(8) Standard Operating Pe rmit Condition XV – Emission Inventory Reporting, as revised as of September 27, 2010;

(9) Standard Operating Perm it Condition XVI – Emission Inventory Reporting Form, as revised as of September 27, 2010.

(c) Unless the department determines that emission unit-specific orstationary sourcespecific conditions more adequately meet the requ irements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

104 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Sta ndard Operating Permit Condition

-Gas-fired fuel burning equipment, except

flares Standard Operating Permit Condition VIII –

Visible Emissions and Particulate Matter Monitoring Plan for Ga s-Fired Fuel Burning Equipment, August 25, 2004

–Stationary diesel engines

–Liquid-fired stationary turbines

–Other liquid-fired fuel burning equipment Standard Operating Permit Condition IX –

Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units, September 27, 2010

–Coal fired boilers

–Coal handling equipment

–Construction of gravel pa ds or roads that are

part of a permitted stationary source, or other

construction that has the potential to generate fugitive dust that reaches ambient air

–Commercial, industrial, municipal solid waste,

air curtain, and medical waste incinerators

–Sewage sludge incinerators not using wet

methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the co ntrol of the operator

with frequent vehicle traffic

–Other sources the department finds are likely

to generate fugitive dust Standard Operating Permit Condition X – Reasonable Precautions to Prevent Fugitive Dust, September 27, 2010

–Fuel burning equipment burning liquid fuel St andard Operating Permit Condition XI – SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII –

SO 2 Material Balance Calculation, August 25,

2004

–Coal fired boilers Standard Operating Permit Condition XIII – Coal Fired Boilers, August 20, 2008Register 214, July 2015 ENVIRONMENTAL CONSERVATION

105 (d) Repealed 10/1/2004. (Eff. 5/3/ 2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.250

AS 46.14.020 AS 46.14.140

18 AAC 50.350. Operating permits: content. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Regi ster 162; repealed 10/1/2004, Register 171)

18 AAC 50.355. Changes to a permitted facility . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360. Facility changes that violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; re pealed 10/1/2004, Register 171)

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/ 21/98, Register 146; repe aled 10/1/2004, Register 171) 18 AAC 50.380. General operating permits . Repealed. (Eff. 1/18/ 97, Register 141; am 6/14/98, Register 146; repeal ed 10/1/2004, Register 171)

18 AAC 50.385. Permit-by-rule for certain small storage tanks . Repealed. (Eff. 6/21/98, Register 146; repeal ed 10/1/2004, Register 171)

18 AAC 50.390. Permit-by-rule for drillin g rigs and associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, Register 171)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

106 Article 4. User Fees

.

Section

400. Permit administration fees 401. Fees for a notice of MACT approval 403. Negotiated service agreements 405. Transition process for permit fees

410. Emission fees 420. Billing procedures 430. Fee appeal procedures

499. Definition for us er fee requirements

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of

a Title V source described under 18 AAC 50.326 sha ll pay to the department the annual permit

administration fees listed in this subsection. Pe rmittees will be invoiced in July for each period from July 1 through the following June 30. Each annual permit fee is one -fifth of the total original permit cost or total co st of permit renewal. For an initial Title V permit, the annual permit fee is collected starting the first July after the permit is issued. The following permit administration fees apply to Title V sources:

(1) for renewal of a permit for an oil- and-gas source with th e potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $2,675; and

(B) annual compliance review fee is $1,895;

(2) for renewal of a permit for a large pow er plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $3,080; and

(B) annual compliance review fee is $1,735;

(3) for renewal of a permit for a small power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,390; and

(B) annual compliance review fee is $1,485;

(4) for renewal of a permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and th at is an oil-and-gas source or thermal soil remediation unit, the

(A) annual permit fee is $2,045; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

107 (B) annual compliance review fee is $1,350;

(5) for renewal of a permit for a small power plant, with the potential to emit

more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,565; and

(B) annual compliance review fee is $1,115;

(6) for a Title V source that is operati ng under the department’s general operating permit for diesel engines, the a nnual compliance review fee is $730;

(7) for renewal of a permit for a Title V source, other than one described in (1) – (6) of this subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $2,090; and

(B) annual compliance review fee is $1,345.

(b) If the permittee, owner, or operator of a Title V source is subject to an annual permit fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance revi ew fees and annual perm it fees for original permits are not refundable.

(c) Before the department takes action on any permit application received, and if the minor permit is to be issued using the fast-t rack procedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationa ry source subject to 18 AAC 50.326 or 18 AAC 50.502 and not subject to (j)(3) – (8 ) of this section who request s a minor permit must pay a nonrefundable one-time permit fee of $2,665. Howeve r, if fast-track procedures are not available under 18 AAC 50.542(b)(1), the permitt ee, owner, or operator must pay, for a stationary source other than one described in 18 AAC 50.502(b), time and other direct costs under (j) of this section.

(d) If the department prepares a new ge neral operating permit or a new general minor permit, the department will determine the cost of that permit by multiplying the number of hours the department spent to devel op the permit by the hourly rate of salary and benefits of the department employees who developed the permit. This cost will be divided by the number of permittees who receive or are expected to receive the permit to determine the permit

administration fee.

(e) The permittee, owner, or operator of a stationary source shall pay an annual compliance fee of $325, to be paid for each period from July 1 through the following June 30, for a stationary source that is not classified as needing a Title V permit and that isRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

108 (1) subject to a minor permit under 18 AAC 50.502; the compliance review fee must be paid in addition to the one-time permit fe es in (c) of this sec tion or a general minor permit fee in (d) of this section; or

(2) required to have a minor perm it under 18 AAC 50.502(b), that is operating under an operating or general permit issued before October 1, 2004.

(f) Before the department take action on any request of application received, the permittee, owner, or operator of a stationary source who requests a minor permit, review, action, or activity described in this subsection must pay a nonrefundable one-time permit fee as follows:

(1) to change a Title I permit or appr oval to operate by administrative amendment under AS 46.14.285, a permit fee of $465;

(2) to change a Title V permit or approval to operate by administrative amendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e), a permit fee of $225, except as provided in (3) of this
subsection; (3) to change a Title V permit by administrative amendment to incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $220;

(4) to change an approval to operate under 18 AAC 50.225 by administrative amendment under AS 46.14.285, a permit fee of $465.

(g) After the department completes a revi ew, action or activity described in this subsection, and sought by the permittee, owner, or ope rator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50. 502, the permittee, owne r , or operator will be invoiced for and shall pay a nonrefundable one-time fee as follows:

(1) for department review under 18 AAC 50.345(m) of a source test plan, a fee of $665;

(2) for department review under 18 AAC 50.345(o) of the results of a source test, a fee of $660;

(3) for department intake and proces sing of an excess emission report or permit deviation report submitted in accordance with a stationary source’s permit, a fee of $15;

(4) for a fee review under 18 AAC 15.190, a fee of $210; the department will waive the fee charged under this paragraph if the outcome of the fee review is a reduction of 50 percent or more in the amount of the disputed fee.

(h) The permittee, owner, or operator of a stationary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a pr eapproved emission limit under 18 AAC 50.230 must pay the following fees:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

109 (1) for an ORL,

(A) a one-time administrative fee of $2,290, to be paid before the department takes action on any request received; and

(B) an annual compliance review fee of $235, unless the permittee, owner, or operator is required to pay an annu al compliance review fee under (a) or (e) of

this section.

(2) for a preapproved emission limit fo r diesel engines under 18 AAC 50.230(c),

(A) a one-time administrative fee of $85, to be paid before the limit takes
effect; and

(B) an annual compliance review fee of $45;

(3) for a preapproved emission limit for a gasoline distribution f acility considered under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A) a one-time administrative fee of $65, to be paid before the limit takes
effect; and

(B) an annual compliance review fee of $60.

(i) Except as provided in (j )(20) of this section, the fee for department review of a request for open burning under 18 AAC 50.065 is $200.

(j) Unless the designated regulator y service is subject to a fixe d fee set out in (a) – (i) of this section, or to the terms of a negotiated serv ice agreement under AS 37.10.052(b) and 18 AAC 50.403, the permittee, owner, or operator shall pay an hourly pe rmit administration fee for a designated regulatory servi ce. The department will calculate the total amount due under this subsection by multiplying the number of hours spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory service, a nd by adding to the resulting am ount any other direct costs. Designated regulatory services subject to this subsection include regulatory services for

(1) an original permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one po llutant, and that is an oil-and-gas source or thermal soil remediation unit;

(2) an original permit for a small power plant with the potential to emit more than 100 and less than 250 tons per year of any one pollutant;

(3) an asphalt plant de scribed in 18 AAC 50.502(b)(1);

(4) a thermal soil remediation unit described in 18 AAC 50.502(b)(2);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

110 (5) a rock crusher described in 18 AAC 50.502(b)(3);

(6) an incinerator desc ribed in 18 AAC 50.502(b)(4);

(7) A Port of Anchorage stationary source;

(8) a coal preparation plant;

(9) a minor permit under 18 AAC 50.502(c )(1), if a construc tion permit is not required under AS 46.14.130(a) for that stationary source;

(10) a minor permit under 18 AAC 50.502(c)(3);

(11) a minor permit establishing or re vising a plantwide applicability limitation (PAL) without an ambien t air quality analysis;

(12) a minor permit establishing or re vising a plantwide applicability limitation (PAL) with an ambient air quality analysis;

(13) an adjudicatory heari ng under 18 AAC 15.195 – 18 AAC 15.340, if requested under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the de partment will hold in abeyance a fee charged under this paragraph during the course of the adjudicatory hearing;

(14) a minor modification to a Title V permit under 40 C.F.R. 71.7(e)(1), adopted by reference in 18 AAC 50.040;

(15) a significant modification to a Title V permit under 40 C.F.R. 71.7(e)(3), adopted by reference in 18 AAC 50.040;

(16) revision or rescission of te rms or conditions of a Title I permit;

(17) department observation of a source test conducted;

(18) pre-application assistance, including services under 18 AAC 50.260;

(19) department review of a modeling protocol;

(20) department review of a re quest for open burning under 18 AAC 50.065, if the department determines that smoke incursion into a public place, into an airport, into a Class I area, into a nonattainment area for carbon monoxide or PM-10, or into a maintenance area for carbon monoxide or PM-10 is likely;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

111 (21) compliance and enforcement activi ties, including preparation of a notice or violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enfor cement activities do not include activities after the filing of a complaint in court;

(22) completion of a permitting action that was requested before January 29, 2005, except as provided in 18 AAC 50.405; and

(23) the reopening of permit terms or conditions at the request of the permittee, owner, or operator before issuance of a permit.

(k) In this section,

(1) "airport" has the m eaning given in AS 02.25.100;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal-fired boiler;

(ii) the purpose of which is to generate electricity, and that contains a combustion turbine electric ge nerator or natural ga s-fired steam plant;

or

(iii) that has a potential to emit a total greater than or equal to 500 tons per year of regulated air pollutant s in the aggregate, and that contains emission units used to provide power to a mine or military base;

(B) does not include a Title V source that operates under the department's general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source not described in (2)(A) of this subsection, the purpose of which is the expl oration for, extracti on of, processing of, transportation of, or storage of crude oil, natural gas, or othe r petroleum products, or related activities; "oil-and-gas source" does not include a petroleum refi nery or liquefied natural gas (LNG) plant;

(4) "public place" has the meaning given in AS 46.06.150;

(5) "small power plant"

(A) means a Title V source not desc ribed in (2)(A) or (3) of this

subsection

(i) the purpose of which is to generate electricity, and that

contains one or more diesel -fired internal combustion engines to generate powerRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

112 (ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total less than 5 00 tons per year of regulated air pollutants in the aggregate, and that c ontains emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operates under the department's general permit for diesel engines. (Eff. 1/ 18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Re gister 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 7/1/2010, Register 194; am 9/14/2012, Register 203)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, Register 171; repealed 1/29/2005, Register 173)

18 AAC 50.403. Negotiated service agreements. If a fixed permit administration fee has not been set under 18 AAC 50.400(a) - (i) for a designated regulatory service, the permittee, owner, or operator of a stationary source ma y request a negotiated service agreement under AS 37.10.052(b) for that designate d regulatory service. If re questing a negotiated service agreement for one or more of the following desi gnated regulatory services , the permittee, owner, or operator must submit a retainer payment of $5,300 per designated regulatory service before the department begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2)(B);

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3) a major modification of a major stationary source;

(4) a construction permit under 18 AAC 50.302 for a new stationary source or modification subject to the construction permitti ng requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5) a permit for the construction of a ne w stationary source or addition of an emission unit at a stationary source , if the stationary source is

(A) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

113 (6) a major modification of a major st ationary source, for which a limit is requested specifically to a void review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);

(8) the renewal of a Title V permit for a Title V source for which fees are not established under 18 AAC 50.400(a);

(9) a notice of MACT approval under 18 AAC 50.321. (Eff. 1/29/2005, Register 173; am 12/3/2005, Register 176; am 7/1/2010, Register 194)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.405. Transition process for permit fees. For a permit issued under this chapter, if the applicant has submitted an appli cation before January 29, 2005 and the department has not yet worked on that permit application, at th e request of the applicant, the department will process the permit under the pr ovisions of 18 AAC 50.400 - 18 AAC 50.499 in effect on January 29, 2005. Any retainer submitted before January 29, 2005 will be applied to any fees effective after January 29, 2005. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 46.03.020 AS 46.14.240

AS 44.46.025 AS 46.14.140

18 AAC 50.410. Emission fees. (a) For each period from July 1 through the following June 30, the permittee, owner, or operator shall pay to the department an annual emission fee based on the stationary source’s a ssessable emissions for that year for each stationary source that is subject to a permit under this chapter. The emissions fee is assessed per ton for each air pollutant for which projected emissions are 10 to ns per year or greater, except as limited under AS 46.14.250(e).

(b) Except as provided in (c), (f), and (g) of this section, emission fees will be assessed

as follows:

(1) for stationary sources require d to obtain an operating permit under AS 46.14.130(b), an emission fee rate of $28.57 pe r ton; of that per ton amount, $19.32 will be allocated to the clean air protection fund under AS 46.14.260, and $9.25 will be allocated to the emission control permit receip ts account under AS 46.14.265;

(2) for stationary sources not subject to (1)(A) of this subs ection but otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $9.25 per ton, which

will be allocated to the emissions c ontrol permit receipts account under

AS 46.14.265.

(c) The quantity of emissions for which fees will be assessed is the lesser of the stationary source’sRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

114 (1) potential to emit; or

(2) projected annual rate of emissions, as that term is used in AS 46.14.250, if demonstrated by (A) an enforceable test me thod described in 18 AAC 50.220;

(B) material balance calculations;

(C) emission factors from EPA’s Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources , adopted by reference in 18 AAC 50.035; or

(D) other methods and calculations approved by the department.

(d) For a stationary source that needs an operating permit only because that source

contains an emission unit that is subject to a federal emission st andard under 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are s ubject to emission fees under (b)(1) of this section.

(e) In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall account for emissi ons from equipment classified under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a minor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508( 6) but not required to obtain an operating permit under AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal year following the state fiscal year in which th e permit was issued. The emission fee is based on assessable emissions for the state fiscal year being assessed and is billed in July of that year. The

entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The annual emission fee rate is $9.25 per ton.

(g) Notwithstanding (a) - (d) of this section, for the projec ted annual rate of emissions for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the

emission fee is allocated to the emission control permit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notif ication for operation that will occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under a single application or notific ation, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and

(3) at the following rates for a single por table oil and gas operation for which the owner or operator submits a new application or notification for ope ration under the general minor permit on or after December 3, 2005:Register 214, July 2015 ENVIRONMENTAL CONSERVATION

115 (A) for a portable oil and gas opera tion north of 69 degrees, 30 minutes North latitude,

(i) $1,336 for operation at one or more ice pads during a winter drilling season;

(ii) $4,008 for operation during a stat e fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operati on outside the area described in (A) of this paragraph,

(i) $1,245 for drilling five or fewer wells under the same application or notification during a state fiscal year;

(ii) $2,490 for drilling no fewer than six and no more than 10 wells under the same application or no tification during a state fiscal year;

(iii) $3,735 for drilling 11 or more wells under the same application or notification during a state fiscal year.

(h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Regist er 176; am 12/14/2006, Register 180; am 6/18/2009, Register 190; am 7/1/2010, Register 194)

Authority : AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with AS 46.14.250. The department will bill fixe d permit administration fees under AS 46.14.240 and 18 AAC 50.400(a) - (i)

(1) on or before the 15th of July; or

(2) quarterly on or before January 15, April 15, July 15, and October 15 if requested in writing by the pers on required to pay the fee.

(b) On or before the 15th of each month, th e department will bill permit administration fees for designated regulatory services rendered during the preceding month under 18 AAC 50.400(j). However, for reviews of excess emission reports, the department will bill on a semiannual basis if requested in writing by the person required to pay the fee.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

116 (c) Fees assessed under this chapter are due with in 60 days after the billing date. A payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430. Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emissi on fee under 18 AAC 50.410 may pay that fee in equal quarterly installments if

(1) the fee exceeds $1,000; and

(2) a written request is submitted to th e department with the first installment

before the due date describe d in (c) of this section.

(e) If installment payments are requested under (d) of this secti on, the remaining three installments, including interest ac crued as described in (c) of th is section, must be paid on or before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emissions through a permit revision shall pay to the department an emission fee for the increase in assessable emissions; the fee is due within 60 days after the effectiv e date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permit revision may request a prorated refund or credit to the stationa ry source's fee account toward

future fees.

(g) The owner, operator, or permittee who terminates operations or whose permit has lapsed or is terminated by the department may request a refund calculated by the department for

fees collected in excess of the amount due for the stationary s ources' actual emissions.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission fees or permit administration fees will be sent to the last known address of the stationary source that is subject to the fee. In an invoice, th e department will include an itemized list of charges and credits for the billing peri od and a calculation of total credit balance or amount due on the account. For permit administration fees fo r designated regulatory services under 18 AAC 50.400(j), the department will also in clude as part of the itemized list the

(1) date on which the task was perf ormed and a description of the task;

(2) name of the individual who performed the task; and

(3) time spent on the task on that date and the charge for the task, determined under 18 AAC 50.400(j). (Eff. 1/18/97, Regist er 141; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Regi ster 173; am 7/1/2010, Register 194)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

117 Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240 AS 46.14.255

18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapte r or who disputes the comput ation of charges may request

review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

(c) Repealed 7/11/2002. (Eff. 1/18/97, Register 141; am 7/ 11/2002, Register 163)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240

18 AAC 50.499. Definitions for user fee requirements. In 18 AAC 50.400 – 18 AAC 50.499, unless the context requires otherwise,

(1) “designated regulatory service” has the meaning given in AS 37.10.058;

(2) “direct cost” has the meaning given in AS 37.10.058;

(3) “hourly rate of salary and bene fits” has the meaning given in AS 37.10.058. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058Register 214, July 2015 ENVIRONMENTAL CONSERVATION

118 Article 5. Minor Permits.

Section

502. Minor permits for air quality protection 508. Minor permits requested by the owner or operator 509. Construction of a pollution c ontrol project without a permit 540. Minor permit: application 542. Minor permit: review and issuance 544. Minor permits: content 546. Minor permits: Revisions 560. General minor permits

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is required as described in (b) - (f ) of this section, except that a permit is not required under this

section

(1) before construction, modification, or relocation of a ne w major stationary source or major modification that requi res a permit under 18 AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under this section for an air pollu tant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by referen ce in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issu ed as part of the major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a statio nary source from the requirement for a minor permit for construction, modifi cation, or relocation;

(3) before relocation if the stationa ry source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this sec tion, the owner or operator must obtain a minor permit under this section before construc tion, operation, or reloca tion of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five to ns per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capac ity of at least five tons per hour;

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

119 (5) a coal preparation plant; or

(6) a Port of Anchor age stationary source.

(c) The owner or operator must obtain a minor permit under this section before

(1) beginning actual constr uction of a new stationary source with a potential to emit greater than

(A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(C) 40 TPY of sulfur dioxide;

(D) 0.6 TPY of lead;

(E) 100 TPY of carbon monoxide with in 10 kilometers of a carbon monoxide nonattainment area; or

(F) 10 TPY of direct PM-2.5 emissions; or

(2) beginning actual constr uction or, if not already au thorized in a permit under this chapter, be ginning relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit developed for the portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emi ssion unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater th an an amount listed in (1) of this subsection that will cause for that po llutant an emissions increase calculated at the discretion of the owner or operato r as either an increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10Register 214, July 2015 ENVIRONMENTAL CONSERVATION

120 (ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides;

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon m onoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions; or

(B) actual emissions and a net em issions increase greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides;

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon m onoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions.

(d) An owner or operator may satisfy th e requirement for a minor permit under this section through a stationary source-sp ecific permit issued under 18 AAC 50.540 – 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source li sted in (b) of this section

(1) if operating under an operating perm it issued before October 1, 2004 may

(A) continue to operate under that permit, which remains in effect regardless of the stated expi ration date in the permit, unless the department takes an action under AS 46.14.280; or

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for and opera te under a general operating permit that was issued before October 1, 2004 and that has no t expired or been revoked by the department as of the date the department receives a comple te application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expira tion date in the permit, unless the department takes action under AS 46.14.280; or

(B) apply for a new permit under this section at any time.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

121 (e) For the purposes of (c)(3)(B ) of this section, actual emissions shall be calculated by comparing projected actual emissions to the ba seline actual emissions. In determining the projected actual emissions, before beginning ac tual construction, the ow ner or operator of the stationary source shall

(1) consider all relevant information, in cluding historical op erational data, the owner’s or operator’s own repres entations, the owner’s or operat or’s expected business activity and the owner’s or operator’s highest projections of business activity, the owner’s or operator’s filings with the state or federal regulato ry authorities, and co mpliance plans under AS 46.14.120; and

(2) include fugitive emissions to the exte nt quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's em issions following the project that an existing unit could have accommodated during th e consecutive 24-month period used to establish the baseline

actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permit applic ability for a modification on a calculation of actual emissions, if the project does not need a minor permit based on that calculation, and if a reasonable pos sibility exists that the proj ect may result in an emissions increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the project, the owner or operator

shall document and maintain a reco rd of the following information:

(A) a description of the project;

(B) identification of eac h emission unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a description of th e applicability test used to determine that the project is not a modification subject to (c )(3) of this section for any regulated NSR pollutant, including the baseline actual emi ssions, the projected actual emissions, the amount of emissions excluded under (e)(3) of this section, an expl anation for why that amount was excluded, and any nettin g calculations, if applicable;

(2) if the emission unit is an existing el ectric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information listed in (1) of this subsection to the department;

(3) the owner or operator shall monito r the emissions of any regulated NSR pollutant that could increase as a result of th e project and that is emitted by any emission unit identified in (1)(B) of this subsection, and shal l calculate and maintain a record of the annualRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

122 emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at that emission unit;

(4) if the emission unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under (3) of this subsection setting out the unit's annual emissions during the calendar year th at preceded submission of the report.

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or ope rator shall submit a report to the department if the annual emissions, in tons per year, from the project id entified in (1) of this subsection, exceed the baseline actual emissions, as documented and ma intained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this section for that regulate d NSR pollutant, and if

those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the repor t shall be submitted to the department within 60 days after the end of that year; the report must contain the following:

(A) the name, address, and telephon e number of the stationary source;

(B) the annual emissions as calcula ted under (3) of this subsection;

(C) any other information that the ow ner or operator wishes to include in the report.

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

(h) For the purposes of this section

(1) “baseline actual emissi ons” has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50. 040, except that in that definiti on the term “major stationary

source” is revised to read “s tationary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating un it” has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) “net emissions increase” has th e meaning given in 40 C.F.R. 52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net emissions incr ease” applies to

(A) any increase in emissions of an air pollutant at a stationary source with existing emissions of that air pollutant greater than the amounts listed in (c)(1) of this section; notwithstandi ng 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)( a ), “net emissions increase” is not re stricted to a significant emissionsRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

123 increase or significant net emissions increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40), or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit under (c)(3) of this sec tion, rather than whether the modification is a major modification;

(4) “projected actual em issions” means the maximum annual rate, in tons per year, at which an existing emission unit is project ed to emit a regulated NSR pollutant in any one of the five 12-month periods following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full

utilization of the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section.

(5) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 52.21(b)(50), adopted by reference in 18 AAC 50.040(h).

(i) For the purposes of this section, fugitive emissions will not be included for determining if a minor permit is required, unless the source bel ongs to any of the stationary source categories listed in 40 C.F.R. Part 51.165( a)(1)(iv)(C), adopted by reference in 18 AAC 50.040(i). (Eff. 10/1/2004, Regist er 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Regi ster 196; am 1/4/ 2013, Register 205; am 11/9/2014, Register 212)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.508. Minor permits requested by the owner or operator. An owner or operator may request a minor permit from the department for

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provis ions of 40 C.F.R. 52.21(aa) , adopted by reference in 18 AAC 50.040, apply to a PAL establishe d or revised under this chapter;

(4) establishing actual emission reductions from an existing stat ionary source if requested by that source’s owner or operator to offset an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary source;

(B) major modification; orRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

124 (C) PAL major modification;

(5) establishing an owne r requested limit (ORL) to avoid one or more permit classifications under AS 46.14.130 at a stationary sour ce that will remain subject to at least one permit classification; a limitation approved under an ORL is an enforceable limitation for the purpose of determining

(A) stationary source-specific allowable emissions; and

(B) a stationary source’s potential to emit; or

(6) revising or rescinding the terms and conditions of a Title I permit issued under this chapter, except as provided under 18 AAC 50.510. (E ff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.509. Construction of a pollution control project without a permit. Repealed. (Eff. 10/1/2004, Register 171; repealed 7/25/2008, Register 187)

18 AAC 50.510. Minor permit – Title V permit interface. A term or condition established in a minor permit issued under 18 AAC 50.542 and identified in the minor permit as solely necessary to meet a Title V operating permit requirements to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040(j), is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the te rm or condition may be made solely through the applicable Title V operating permit amendmen t or modification provisions of 18 AAC 50.326. (Eff. 12/9/2010; Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.540. Minor permit: application. (a) Application information. An application for a stationary source-specific mi nor permit must provide all of the information required by this section, including all information required by the applicable listed forms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department ’s determination. Applications must be on department forms.

(b) General information. Each application must include the information prescribed by

the Stationary Source Id entification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

125 (c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit application unde r 18 AAC 50.502 must include

(1) the information required in the follo wing forms, included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Summary Form ; and

(2) for a permit for construction, modifi cation, or relocation of a stationary source, a demonstration in accordance with 18 AAC 50.215(b) – (e) that the proposed potential emissions from the stationary source will not inte rfere with the attainment or maintenance of the ambient air quality standards, except as provided under ( l ) of this section; the ambient demonstration must follow an approved modeling pr otocol if the department requests a modeling protocol for demonstrating compliance with ambien t air quality standards; unless the department has made a finding in writing that the stationary source or modificat ion does not need an ambient analysis to determine that construction and operation will not result in a violation of an ambient air quality standard, the a pplication must include an ambient analysis for

(A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, annual averag e PM-2.5, PM-10, and nitrogen dioxide for a portable oil and gas operation;

(C) sulfur dioxide for a stationary source in an sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(D) an air pollutant for which the de partment requests an analysis for a stationary source classi fied under 18 AAC 50.502(b).

(d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilometers of a carbon monoxide nonattainment area, an application must include a demonstration that the potential to emit carbon monoxide emissions from construction and operati on of the stationary source or emissions

increase from the modification wi ll not cause or cont ribute to a violation of the ambient air quality standards for carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stati onary source, the application must include the information required in the department’s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by

reference in 18 AAC 50.030.

(f) Repealed 7/25/2008.

(g) Repealed 7/25/2008.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

126 (h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information listed in 40 C.F.R. 52.21(aa)(3), adopted by refe rence in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambien t air quality standards, the department will require the application to include a demonstration that emission s under the PAL will not cause or contribute to a violation of ambient air quality standards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or operational limitations necessary to provide

actual emission reductions of the nona ttainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representi ng that quantity of emission reduction.

(j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.5 08(5) must include the information and materials required under 18 AAC 50. 225(b)(2) – (6) and (8).

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must

include

(1) a copy of the Title I permit that es tablished the permit term or condition;

(2) an explanation of why the permit te rm or condition should be revised or rescinded;

(3) the effect of revising or re voking the permit term or condition on

(A) emissions;

(B) other permit terms;

(C) the underlying ambient demonstration, if any; and

(D) compliance monitoring; and

(4) for a condition that allows an owner or operator to avoid a permit classification, the information required of an appli cant for that type of permit, unless the revised

condition would also allow the owner or operator to avoid th e classification.

( l ) One-hour nitrogen dioxide exemption. A permit applicant is not required to demonstrate compliance with the one-hour nitrog en dioxide standard in 18 AAC 50.010(5)(B), unless the department finds that the emissions have a reason able likelihood of causing or significantly contributing to ambient concentrati ons that exceed the one-hour nitrogen dioxide standard, and makes a written request for a de monstration. (Eff. 10/ 1/2004, Register 171; amRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

127 12/1/2004, Register 172; am 12/3/2005, Regist er 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 12/ 9/2010, Register 196; am 9/14/ 2012, Register 203; am 1/4/2013, Register 205)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance procedure options. The department will use either the fast-track procedures in (b) and (c) of this section, or the procedures in (d) of this section to issue a stationary source-specific minor permit. The fast-track procedures are avai lable for a permit classification under 18 AAC 50.502 if the application qualif ies under (b) and (c) of this section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c ) for carbon monoxide emissions;

(B) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(C) in the Nikisk i Industrial Area;

(D) on an offshore platform;

(E) in the Municipality of Anchorage;

(F) in the City of Fairbanks;

(G) within Fort Wainwright; or

(H) within Eielson Air Force Base; or

(2) a person requests a public comment period under (b)(1) of this section.

(b) Fast-track procedures. Fast-track procedures for minor permits under

18 AAC 50.502 are as follows:

(1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System es tablished under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the depart ment, including any person who requests to be notified, and by other means the department finds necessary for informing the public; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; in the not ice, the department will

(A) include a summary of the inform ation provided by the applicant, andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

128 (B) give any person 15 days to re quest a 30-day public comment period under (d) of this section; if a comment period is requeste d, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by the de partment, the owner or oper ator shall apply online;

(3) for an air pollutant for which a pe rmit is required under 18 AAC 50.502(c), or for an air pollutant for which the department re quests an analysis for a stationary source classified under 18 AAC 50.502(b), the application must include a screeni ng ambient air quality analysis in accordance with (c) of this sect ion, unless the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard;

(4) the fast-track procedures are availa ble only if all predicted air pollutant concentrations meet the compliance crit eria in (c)(2) of this section;

(5) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days afte r receiving the application.

(c) Screening ambient air quality analysis. A screening ambient air quality analysis under (b)(3) of this section

(1) must

(A) follow a modeling protocol devel oped by the department or otherwise approved by the department that is suitable for fast-track pe rmitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately re view the resulting mode ling demonstration in the time available for fast-track permitting;

(B) use a model and screening me teorological data approved by the department for the fast-track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and av eraging period if

(A) for a new stationary source or modification, the predicted ambient air concentration from the stationary source, excluding offsite or background contributions, does not exceed 50 percent of each ambient air standard for PM-2.5, 67 percent of the ambient standard for PM-10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen dioxide;

(B) for a modification, the predicte d concentration resulting from the proposal is less than the significant impact level in Table 5 in 18 AAC 50.215(d);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

129 (C) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification, and the sum of the highest am bient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the increase

is less than the concentration descri bed in (A) of this paragraph; or

(D) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification, and the sum of the highest am bient air concentration from the previous analysis, plus the previous background concen tration, plus the highest predicted ambient air concentration resulting from the increase is less than the ambient air quality standard

in 18 AAC 50.010

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit unde r 18 AAC 50.508 or to issue a permit under 18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not

available:

(1) no later than 30 days af ter an application is determ ined or considered to be complete under AS 46.14.160 or additional informa tion is submitted in accordance with AS 46.14.160(c), the department will make a pr eliminary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department’s preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit

comments; (B) the department will give notice

(i) using the Alaska Online P ublic Notice System established under AS 44.62.175;

(ii) by mail or electronic mail to persons on a list maintained by the department, including any person w ho requests to be notified; if a person requests to be sent notice by postal mail in stead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing the public;

(C) the department will make availa ble for public inspection in at least

one location in the affected area

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

130 (iii) the reasons for the depart ment’s preliminary approval or denial; and

(iv) if the department proposes to approve the ap plication, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a c onstruction permit issued under 18 AAC 50.306 – 18 AAC 50.316, th e department will provide an opportunity for public hearing in accordan ce with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decision to approve the application only if the app lication includes a ll information requi red by 18 AAC 50.540, and the department finds that the approval crite ria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure compliance with this chapter;

(2) the department will notify the app licant, and any person who commented on the department’s preliminary decision, of the de partment’s final decision to approve or deny the permit application; a person described in AS 46.14.200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; in a notif ication of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V p ermit by administrative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by administrative

amendment if

(1) the minor permit is issued using pro cedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditi ons that satisfy the requirements of both

18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department will

(1) deny a minor permit application for a stationary source or modification classified under 18 AAC 50.502 if the department finds that construction and operation will

result in a violation of

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090; or

(B) an ambient air quality standard;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

131 (2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and operati on of the stationary

source will cause an ambient concentration th at exceeds a carbon monoxide concentration in

Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045 – 18 AAC 50.090;

(4) repealed 7/25/2008;

(5) repealed 7/25/2008;

(6) approve a minor permit for establishing or revising a PAL, if the department

finds that the emission unit satisfies the criter ia for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if th e department required an ambient air quality analysis, that

emissions under the PAL will not cause or contribut e to a violation of an ambient air quality standard;

(7) approve a minor permit for a limita tion requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5), if the de partment finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chapter.

(g) Duration . A minor permit issued under this s ection remains in effect until changed by another Title I permit or by an acti on by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopt ed by reference in 18 AAC 50.040, for a plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writ ing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 171; am 12/1/2004, Regi ster 172; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 1/4/2013, Register 205)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

132 Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fe es in accordance with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions establis hed under 18 AAC 50.201, as applicable;

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source;

(5) include the standard permit condi tions in 18 AAC 50.345, as applicable;

(6) include conditions as necessary to protect ambient air quality; and

(7) include, as needed, conditions requi red under 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operator request to add the conditions of a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e).

(b) In each minor permit under 18 AAC 50.502(b), the department will include

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will meet the requirements of AS 46.14 and this ch apter, including terms

and conditions under AS 46.14.180 for

(A) installation, use, and mainte nance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, a nd by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) a permit condition requiri ng the owner or operator toRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

133 (A) perform regular maintenance cons idering the manufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance that would have a significant effect on emissions; the records may be ke pt in an electronic format; and

(C) keep a copy of either the manufacturer’s or the operator’s maintenance procedures.

(c) In each minor permit under 18 AAC 50.502(c), the department will include

(1) terms and conditions as necessary to ensure that the proposed stationary

source or modification will not cause or contribu te to a violation of any ambient air quality

standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and cond itions under AS 46.14.180 for

(A) installation, use, and mainte nance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, a nd by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and conditions requiring perfor mance tests for emission limits under 18 AAC 50.050 – 18 AAC 50.090; and

(3) terms and conditions requiring mainte nance of equipment according to the manufacturer’s or operator’s maintenance proc edures, including requireme nts to keep a copy of either the manufacturer’s or the operator’s maintenance procedures.

(d) For each stationary source that is not subject to Title V permitting under 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still accurately described by the application and minor permit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under th is chapter. In the minor permit, the department will set out a time period between required affirmations as appropriate to the stationary sour ce regulated by the minor permit.

(e) Repealed 7/25/2008.

(f) In a minor permit that establishes or revises a plantwide applicability limitation (PAL), the department will includeRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

134 (1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 18 AAC 50.040; and

(2) conditions as the department consid ers necessary to pr event emissions under the PAL from causing or contributing to a violation of an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to en sure that the stationary source will meet the criteria in 18 AAC 50.542(f )(7), including terms and condi tions imposed under AS 46.14.180 for

(A) installation, use, and mainte nance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations, intervals, a nd by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions.

(h) In each minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5), the department will include terms and conditions that

(1) describe the ORL, including specif ic testing, monitoring, recordkeeping, and reporting requirements;

(2) list all equipment covered by the ORL; and

(3) describe each permit classification under AS 46.14.130 that the ORL allows the owner or opera tor to avoid.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or conditions of a Title I permit, the department w ill include terms and conditions as necessary to ensure that the permittee will construct and operate the proposed stationary source or

modification in accordance with this chapter. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until th e owner or operator obtains

(A) a new construction permit or minor permit under this chapter as if the limit had never existed; or

(B) under this section or under 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; orRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

135 (2) made it possible to avoid a Title V pe rmit, the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff.10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Regi ster 188; am 12/9/ 2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor permit, either at the request of the permittee or on the department’s ow n initiative, in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the department may revise non-substantive elements of a minor permit without further admi nistrative procedures. (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.560. General minor permits. (a) Criteria. The department may issue a general minor permit to allow cons truction or operation of stati onary sources or emission units

that (1) require a minor permit;

(2) involve the same or similar types of operation;

(3) involve the same type of emissions; and

(4) are subject to similar air quality control requirements.

(b) General minor permit issuance procedures. To issue a general minor permit, the department will provide notice and opportuni ty for public comment on the department’s proposed permit byRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

136 (1) posting a public notice on the Alas ka Online Public Notice System established under AS 44.62.175;

(2) sending a copy of th e notice by mail or electroni c mail to persons on a list maintained by the department, including any person who has requested to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public in spection in the affected area

(A) a description of th e stationary sources that would qualify under the general minor permit;

(B) the results of any department analysis on the effect on air quality;

(C) the reasons for the depa rtment’s proposed action;

(D) a copy of the proposed permit a nd of the proposed application or notification form;

(E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and

(F) the time and place of any public h earing; the department will schedule any public hearing no sooner than 30 days after the date th e first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each genera l minor permit. This may include an online or electronic form. The forms will identify the information that an applicant must provide to operate under the general minor permit, including

(1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to show that the stationary source meets the qualifying criteria or a term or condition of the general minor permit, the department will require that location information required under this subsection or under (d ) – (g) of this section include a map and scale drawing;

(2) any information that is necessary to determine that the stationary source qualifies for the general minor permit;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

137 (3) identification of all equipment to be operated under the general minor permit;

and (4) a certification by the applicant that the stationa ry source is capable of complying with all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or operate under a general minor permit, the ow ner or operator must submit the appropriate completed application or notification form for the specific stationary source type. In a general minor permit, the department will specify whether the applicant must submit a complete notification form and operate in compliance with the general minor permit, or whether the applicant must also obtain department approval under (e) of this secti on to operate under the general minor permit. If the general minor perm it requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of the application that

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general minor permit. Approval to construct or operate under the general minor pe rmit is granted when the department finds the application complete. If the ge neral minor permit does not require department approval, and if the stationary source meets all of the qualifying criteria and operates in compliance with the general minor permit, the owner or operator may construct or operate under the permit immediately after the department receives a co mpleted notification form. The general minor permit authorizes constructi on or operation only for

(1) equipment identified in the application or notification; and

(2) a location identifi ed under (c), (f), or (g) of this section.

(f) General minor permit content. In a general permit the department will set out

(1) criteria that must be met in order for a stationary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before comme ncing construction or operation under the general minor permit, if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notification form and procedures for a change in location; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

138 (5) any other terms and conditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the ge neral minor permit.

(g) Relocation. A portable stationary source is aut horized to operate under a general minor permit at additional locations not identified in the permit app lication or notification if the

(1) permittee notifies the department by submitting a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to m eet all of the permit’s qualifying criteria at each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140 AS 46.14.211

AS 46.14.020 AS 46.14.150 AS 46.14.250

AS 46.14.120 AS 46.14.170Register 214, July 2015 ENVIRONMENTAL CONSERVATION

139 Article 6. (Reserved)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

140 Article 7. Transportation Conformity

.

Section 700. Purpose 705. Applicability 710. (Repealed) 712. Agency Responsibilities 715. Interagency consultation procedures

720. Public involvement 725. (Repealed) 730. (Repealed) 735. Frequency of transportati on conformity determinations

740. Written commitments 745. Resolving conflicts 750. Exempt projects

18 AAC 50.700. Purpose. (a) The purpose of 18 AAC 50.700 – 18 AAC 50.750 is to ensure that a transportation plan, transpor tation improvement program, revisions to the State Air Quality Control Plan adopted by reference in 18 AAC 50.030, including those por tions in it that are federally approved and recognized as the stat e implementation plan, or other federal action that affects transportation within a carbon m onoxide, 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 ac tion is non-federally funded but is a regionally significant project th at is funded, adopted, or ap proved by a current or prior recipient of funds under 23 U.S.C. (hi ghways) 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 consultation procedures for demonstrating and as suring 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 4/17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.030Register 214, July 2015 ENVIRONMENTAL CONSERVATION

141 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 monoxi de, nitrogen dioxide, ozone, PM-2.5, or PM-10 nonattainment or maintenance area in the state; and

(B) funded or requires approval und er 23 U.S.C. or 49 U.S.C. 5301 – 5340;

(2) a transportation plan, transporta tion 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 curren t 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 implementa tion plan, that affect transportation

.

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

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 fo r 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 de scribed in (a) of this section; or

(3) funds, adopts, or appr oves 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 4/17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: in corporation by reference of federal regulations. Repealed. (Eff. 1/4/95, Register 13 3; am 9/4/98, Register 147; am 4/1/2010, Register 193; repealed 4/17/2015, Register 214)

18 AAC 50.712. Agency responsibilities. Representatives of the department, the Department of Transportation and Public Faci lities, metropolitan pla nning organizations, and local and regional air quality a nd transportation agencies recogni zed by the state shall undertake an interagency consultation process with each othe r and with the local or regional offices of the United States Environmental Protection Agen cy and the United States Department of Transportation, Federal Highway Administration (FHWA) and Federal Transit AdministrationRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

142 (FTA) on the development of the state implementa tion plan, transportation plans, transportation improvement programs, and associated confor mity 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.1.3. (Eff. 4/17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.715. Interagency consultation procedures. (a) Before issuing a final transportation conformity determination or tr ansportation–related stat e implementation plan revision under 18 AAC 50.700 – 18 AAC 50.750, the s ponsoring agency described in 18 AAC 50.705(b), shall

(1) contact the office of the local govern ing body to determine if that office is aware of any plans for construc tion of a regionally significant pr oject that is not funded under 23 U.S.C. (highways) or 49 U.S.C. 5301 - 5340, including any project for which alternative locations, design concept and scope, or the no-build option are sti ll being considered;

(2) prepare a preliminary in teragency discussion draft, a public review draft, and a final draft of the conformity determination or transportation-related state implementation plan revision through the interagency cons ultation process described in (b ) - (g) of this section with

staff of

(A) the department;

(B) the local air quality pl anning agency or government;

(C) the Department of Transpor tation and Public Facilities;

(D) the local trans portation committee, agency, or government;

(E) any agency created under stat e 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);

(I) the metropolitan planning orga nization and any other regional transportation planni ng organization; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

143 (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 pl an revision available for public review and comment as required in 18 AAC 50.720.

(b) A staff member of the sponsoring agency shall

(1) consult with staff of the agencies lis ted in (a)(2) of this section to prepare a preliminary interagency discussion draft of th e 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 informati on relevant to the preliminary interagency

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

(3) consider the comments of staff fro m participating agencies and respond in writing to those comments in a timely, substant ive 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.

(c) In preparing the preliminary interagenc y discussion draft, a staff member of the sponsoring agency shall consult with the staff of the agencies liste d in (a)(2) of this section to

(1) evaluate and choose a traffic demand model and associated methods and assumptions to be used in a hot-spot an alysis or a regional emissions analysis;

(2) determine which minor arterials and other projects should be considered regionally significant projects for purposes of a regi onal emissions analysis, in addition to those functionally classified as principal arterial or higher or fixed guide-wa y systems or extensions

that offer an alternative to regional highway travel;

(3) determine which projects should be cons idered to have a significant change in design concept and scope from the transportatio n plan or transportati on improvement program;

(4) discuss whether a project that is otherwise exempt from the requirements of

18 AAC 50.700 – 18 AAC 50.750 under 40 C.F.R. 93.126 and 93.127, revised as of July 1, 2013, and adopted by reference, should be treated as nonexempt if potential regional emissions impacts or other adverse emissions impacts might exist for any reason;

(5) determine, as required under 40 C.F. R. 93.113(c)(1), revised as of July 1, 2013, and adopted by reference, whether past obst acles to implementati on of a transportation

control measure that is behind the schedule esta blished in the state implementation plan have been identified and are being overcome, and whethe r state and local agencies with influence over approvals or funding for transportation contro l measures are giving maximum priority toRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

144 approval or funding for transportation control meas ures 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; the interagency cons ultation process must also consider whether delays in transportation control measure impl ementation necessitate a revision to the state implementation plan to remove or to substitu te a transportation c ontrol measure or other emission reduction measures;

(6) determine, as required under 40 C. F.R. 93.121, revised as of July 1, 2013 and adopted by reference, (A) that a regionally significant project

(i) is included in a regional emissions analysis supporting the currently conforming transportation improvement program’s conformity determination, even if the project is not included in the transportation improvement program for the purposes of project selection or endorsement; and

(ii) design concept and scope ha ve not changed significantly from

those included in the tran sportation plan, transportati on improvement program, or regional emissions analysis; or

(B) that, based on the requirements for a project that is not from a conforming transportation plan and transporta tion improvement program, as specified in 40 C.F.R. 93.118 and 93.119, revised as of Ju ly 1, 2013, and adopted by reference,

(i) there is a currently conf orming transportation plan and transportation improvement program, and a new regional emissions analysis that includes the regionally si gnificant project; and

(ii) the currently conforming tran sportation plan and transportation improvement program will still conform if the regionally significant project is implemented;

(7) identify, as require d under 40 C.F.R. 93.123(b), revised as of July 1, 2013, and adopted by reference, pr ojects 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); and

(B) that have vehicle and roadwa y emission and dispersion characteristics essentially identical to those at sites th at have air quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis;

and

(8) notify staff of participating agenci es of any revision or amendment to a transportation plan or transporta tion improvement program that mere ly adds or deletes an exempt project listed in 40 C.F.R. 93.126, revised as of July 1, 2013 and adopted by reference; andRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

145 (9) develop a list of tran sportation control measures for inclusion in the state implementation plan and distribute th at list to those agencies descri bed in (a)(2) of this section.

(d) In addition to the consultation described in (c) of this section, a staff member of the sponsoring agency shall consult with staff of the st ate and local agencies li sted 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;

(2) consider an emissions analysis for transportation activitie s that extend beyond the boundaries of a local governing body, nonattainme nt area, maintenance area, or air basin;

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model de velopment by th e local governing body, such as

household or travel tr ansportation surveys;

(4) ensure that plans fo r construction of regionally significant projects that are not FHWA or FTA projects, incl uding projects for which altern ative locations, designs concept and scope, or the no-build option are still being consid ered 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 transporta tion projects and their desi gn concept and scope, including those projects where detailed de sign 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 Fe deral Transit Laws” within the meaning given the term in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference, shall disclose to the metropolitan pl anning organization information regarding all nonFHWA and non-FTA regiona lly significant projects; any ch anges in these plans shall be disclosed within 10 business days; and

(6) choose conformity tests and methodol ogies for isolated rural nonattainment

and maintenance areas.

(e) If the metropolitan pl anning area does not include the entire nonattainment or maintenance area, the interage ncy consultation must include staff of the local governing body and the Alaska Department of Tr ansportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattai nment or maintenance

area. (f) After completing the interagency consul tation process, the sponsoring agency shall prepare the public review draft of the conformity determination, based on changes made to the preliminary draft during the c onsultation process, and shall make the public review draft available for public review and co mment as required in 18 AAC 50.720.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

146 (g) After opportunity for public review a nd comment on the public review draft of the conformity determination, the sponsoring agency shall

(1) prepare a final draft of the conformity determination in consultation with staff of the participating agencies; and

(2) after the consultation described in (1) of this subsection, issue the final conformity determination to the agencies liste d in (a)(2) of this se ction and provide the supporting information upon request.

(h) Repealed 4/17/2015.

(i) In this section, “business day” means a day other than Saturday, Sunday, or a state or federal holiday. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 4/17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Public involvement . (a) The sponsoring agency described in 18 AAC 50.705(b) shall establish a public involvement process to provide opportunity for public review and comment on the public review draft of the conformity determin ation or trans portation-related state implementation plan revision before the agen cy issues a final conformity determination or transportation-related state implementation pl an revision. As requi red under 40 C.F.R. 93.112, revised as of July 1, 2013, and adopted by refere nce, 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.

(b) The sponsoring agency shall

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

(A) receive written comments on the public review draft of the conformity determination or transpor tation-related state implementation plan revision; and

(B) hold a public hearing or meeting

(i) for a transportation plan, transportation improvement program, or transportation-related state implementati on plan revision;

(ii) for a project th at is not included in a transportation plan, 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 main tenance area listed under 18 AAC 50.015(d); orRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

147 (iii) if a written comment re ceived under (A) of this paragraph requests a public hearing or meeti ng for a regionally significant project;

(2) consider all comments received a nd prepare a written summary analysis of significant comments; and

(3) specifically address in the summary analysis all public comments concerning known plans for a regionally signifi cant project that may not have been properly reflected in the emissions analysis used to support a proposed co nformity finding for a transportation plan or TIP, regardless of whether the regionally signi ficant project is rece iving federal funding or approval.

(c) Opportunity for public involvement under this sect ion 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.

(d) If a project for which the pr ovisions of (a) – (c) of this section apply is also subject to a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with the public involvement process under that law constitutes compliance with (a) – (c) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am 4/ 17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.725. General conformity: incorporation by reference of federal regulations . Repealed. (Eff. 1/4/95, Register 133; repealed 4/17/2015, Register 214)

18 AAC 50.730. General conformity: mi tigation of air quality impacts . Repealed. (Eff. 1/4/95, Register 133; re pealed 4/17/2015, Register 214)

18 AAC 50.735. Frequency of transportation conformity determinations. (a) The conformity status of a federal action lapses five years after th e 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 redeterminati ons for transportation plans, transportation improvement programs, and othe r 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, Regist er 133; am 4/17/2015, Register 214)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

148 Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.740. Written commitments. (a) A conformity determination on the transportation plan or trans portation improvement program ma y not include emission reduction credits from any control measures that are not included in the tr ansportation plan or transportation improvement program and that do not require regulatory action in the regional emission analysis, unless the metropolitan planning organization, the Department of Transportation and Public Facili ties, 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 tran sportation plan or tran sportation improvement program may be approved, a metropolitan pl anning organization or the Department of Transportation and Public Facilities must ensure that project-level mitigation or control measures included in the project design concepts and scop es are appropriately id entified 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 dete rmination for a transportation project may be approved, the project sponsor must include wri tten 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 oper ation of the project that are iden tified 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 mu st be obtained before those project level 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 ow ns an equity interest in the transportation project, or holds the permits the department determines are essential to construct or operate the transportation proj ect. (Eff. 4/17/2015, Register 214)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.745. Resolving conflicts. (a) If during the intera gency 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 reso lved 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 conflic t resolution under th is section must have the gove rnor’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 determina tion that the conflict cannot be re solved. The 14-day period starts when the metropolitan planning organization or th e 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.Register 214, July 2015 ENVIRONMENTAL CONSERVATION

149 (c) If the department does not make a refe rral to the governor during the 14-day period described in (b) of this section, the sp onsoring agency described in 18 AAC 50.705(b), metropolitan planning organization, or Department of Transportation and Public Facilities may 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 cons ultation 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 Fa cilities 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 ma kes 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 P ublic Facilities shall provide the metropolitan planning organization and the department with a c opy of the referral to the governor under (d) of this section. If the Department of Transportation and Public Facili ties 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 the conflict under this section and deciding whether to concur in th e conformity determination to a state official or agency other

than

(1) the department;

(2) the Department of Transpor tation and Public Facilities; or

(3) a state transportation board or commission. (Eff. 4/ 17/2015, Register 214)

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 refe rence, 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 particular action of the type listed in Table 2 of 40 C.F.R. 93.126 is not exempt if the ag encies listed in 18 AAC 50.715(a)(2) concur that it ha s potentially adverse emissions impacts for any reason. Metropolitan planning organizations must ensure that exempt pr ojects do not interfere with transportation control measure implem entation. (Eff. 4/ 17/2015, Register 214)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

150 Authority: AS 46.03.020 AS 46.14.030Register 214, July 2015 ENVIRONMENTAL CONSERVATION

151 Article 8. (Reserved)Register 214, July 2015 ENVIRONMENTAL CONSERVATION

152 Article 9. General Provisions

.

Section 900. Small business assistance program 910. (Repealed)

990. Definitions

18 AAC 50.900. Small business assistance program. (a) The purpose of the small business assistance program established under AS 46.14.300 is to help small businesses in the state comply with state and federal air quality laws. The department’s The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, onl y the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to re ceive the services of the small business assistance program.

(c) The owner or operator of an eligible sma ll business facility may request a change to a requirement under this chapter that

(1) is a work practice or technol ogical method of compliance; or

(2) sets a schedule of milestones pr eceding a date for implementing a work practice or technological me thod of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed change and how the change can adequately substitute for or re place the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submitted as an application for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, and subject to 18 AAC 50.326.

(e) The department will schedule a proposed amendment to this chapter submitted under (d)(1) of this section for pub lic hearing as provided in AS 44.62.230 if the change would not

cause a violation ofRegister 214, July 2015 ENVIRONMENTAL CONSERVATION

153 (1) the Clean Air Act;

(2) a federally-enforcea ble requirement; or

(3) state law. (Eff. 1/18/97, Re gister 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300

Editor's note : More information on the servic es provided by the small business assistance program referred to in this section, in cluding details on determining eligibility, may be obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, Alaska 99801-1795, (907) 465-5100. A copy of the progr am description as it appears in the state air quality control plan, adopted by refere nce in 18 AAC 50.030, is available from the department's central and regional offices. A copy of the state air quality control plan may be viewed at any department office or at the Office of the Lieutenant Governor.

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.990. Definitions . In this chapter

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) “administrator” means the administra tor of the United States Environmental Protection Agency, except as otherwis e provided in 18 AAC 50.306 – 18 AAC 50.326;

(3) "air pollutant" has th e meaning given in AS 46.14.990;

(4) "air curtain incinerator" mean s a device in which large amounts of combustible materials are burned in a rectangul ar containment equipped with an overfire air

system;

(5) "air pollution" has th e meaning given in AS 46.03.900;

(6) "air pollution control equipment" means equipment or a portion of equipment designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement " means any obligation created by AS 46.14, this chapter, or a term or c ondition of a preconstruction permit i ssued by the department before January 18, 1997;

(8) "allowable emissions" has the m eaning given in 40 C.F.R. 52.21(b), except that for the purposes of estab lishing or revising a plantwide a pplicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,Register 214, July 2015 ENVIRONMENTAL CONSERVATION

154 (A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitation th at is enforceable as a practical matter on the emission unit’s potential to emit; and

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the words “or enforceable as a practical matter” are added after “federally enforceable”, as provided in 40 C.F.R. 51.166(w)(2)(ii)( b );

(9) "ambient air" has the meaning given in AS 46.14.990;

(10) "ambient air qual ity standards" has the m eaning given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregat e and mixing asphalt cements; “asphalt plant” includes any combination of dryers, systems for screening, handling, storing, and wei ghing dried aggregate, systems for loading, transferring, and storing mine ral filler, systems for mixing, transferring, and storing asphalt concrete, and emission contro l systems within the stationary source;

(13) "assessable emission" has th e meaning given in AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by re ference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installation” has the meaning given in AS 46.14.990;

(18) “casting off” means the first rel ease of a line securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” a nd “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Cl ass II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 15, 1990;

(21) repealed 7/25/2008;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

155 (22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; “coal preparati on plant” includes any combination of thermal dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers and crushers, coal storage systems, and coal tr ansfer systems within the stationary source;

(23) "commissioner" means the commissi oner of environmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a st orage tank due to changes in temperature and

pressure;

(25) "construct" or "const ruction" has the meaning given to “construction” in AS 46.14.990;

(26) "construction permit" ha s the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank porti on of a tank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank of less than 2,500 gallons us ed to test or certify metering devices;

(28) "department" means the Depart ment of Environmental Conservation;

(29) "emission" has the meaning given in AS 46.14.990;

(30) "emission limitation" has the meaning given in AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) “emissions unit” has the meaning given in AS 46.14.990;

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) repealed 4/1/2010;

(36) “expected number” as that term is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AAC 50.035;

(37) "federal administrator" has th e meaning given in AS 46.14.990 and includes the federal administrator’s designee;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

156 (38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression orga nization within the Department of Natural Resources, United States Forest Se rvice, or United States Bureau of Land Management/Alaska Fire Service;

(39) "fuel-burning equipment" means a combustion device capable of emission; “fuel-burning equipment” includes flares; “fue l-burning equipment” does not include mobile internal combustion engines, incinerators, ma rine vessels, wood-fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the mean ing given in 40 C.F.R. 51.166(b)(20), as revised as of July 1, 2012, and adopted by reference;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that tr ansfers gasoline from storag e tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of Ju ly 1, 2007 and adopted by reference; or

(B) for all other stack heights, mean s the actual physical height of the stack;

(43) “grate cleaning” means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990;

(45) “hazardous air pollutant major s ource” has the meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a wa ste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" mean s any humanly perceptible change in visibility from that which would have existe d under natural conditi ons; in this paragraph, “change in visibility” includes light extinction, a tmospheric discoloration, and any other change in visual range, contrast, or coloration;

(48) "incinerator" means a device used for the thermal oxidation of garbage or other wastes, other than a wood- fired heating device, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

157 (49) "industrial process" means the extrac tion of raw material or the physical or

chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or “LAER” has the meaning given in 40 C.F.R. 51.165(a)(1)(xiii), adopt ed by reference in 18 AAC 50.040;

(51) "maintenance area" means a ge ographical area that EPA previously designated as a nonattainment area and subsequen tly designated as an "a ttainment area" under 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52) “major stationary source” means

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change that meets the definition of “m ajor stationary source” under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change that meets the definition of “m ajor stationary source” under 40 C.F.R. 51.165(a)(1)(iv);

(53) “major modification” means

(A) for the purposes of 18 AAC 50.306, a change that meets the definition of “major modification” under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of “major modification” under 40 C.F.R. 51.165(a)(1)(v);

(54) “make fast to the shore” means to s ecure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control t echnology” or “MACT” means a maximum achievable control technology emission limita tion defined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximu m monthly average temperature reported by the National Weather Service;

(58) “minor permit” means a permit issued under 18 AAC 50.502 – 18 AAC 50.560;

(59) "modification" or "modify" has th e meaning given to “modification” in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));Register 214, July 2015 ENVIRONMENTAL CONSERVATION

158 (60) “Nikiski Industrial Area” means th e area of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 No rth, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administ rator as nonattainment in 40 C.F.R. 81.302;

(62) “nonattainment area” means, for a pa rticular air pollutant, an area designated as nonattainment for that air pollutant;

(63) "nonroad engine" has the meaning gi ven in 40 C.F.R. 89.2, as revised as of September 18, 2007, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning"

(A) means the burning of a material that results in the products of combustion being emitted directly into the ambient air without passing through a stack, flare, vent, or other opening of an emissi on unit from which an air pollutant could be emitted; (B) does not include

(i) a campfire;

(ii) a barbecue;

(iii) a ceremonial fire;

(iv) use of a candle;

(v) the use of a cigar, cigarette, or pipe;

(vi) the use of celebratory fireworks;

(66) "operator" has the meaning given in AS 46.14.990;

(67) "organic vapors" means any organic compound or mixture of compounds evaporated from volatile liquid or any organi c compound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means ow ner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL major modification” ha s the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

159 (71) "particulate matter" means a materi al, except water, that is or has been airborne and exists as a liquid or solid at sta ndard conditions;

(72) "permit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.990;

(74) "petroleum refinery" means a stati onary source engaged in the distillation of petroleum or re-distillation, cracking, or re forming of unfinished petroleum derivatives;

(75) “plantwide applicability limitati on” or “PAL” means an emission limitation expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter wi th an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008;

(78) “Port of Anchorage stationary s ource” means a stationary source located in the Port of Anchorage that cont ains one or more emission units subject to a standard in 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meani ng given to the term "potential to emit" in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) "ppm" means parts per million;

(82) "practical means available" m eans, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an envi ronmentally acceptable procedure exists, that procedure will be required;

(83) “project” means a physical change or change in the method of operation of an existing stationary source;

(84) “PSD” means prevention of significant deterioration;

(85) “PSD permit” means a permit required under 18 AAC 50.306;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

160 (86) "putrescible garbage" means mate rial capable of bei ng decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximu m sustained capacity of the equipment based on the fuel or raw material, or combination of fuels or raw ma terials, that is actually used and gives the grea test capacity;

(88) "reconstruct" and “r econstruction” have the mean ing given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, except that for purposes of 18 AAC 50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301, adopted by reference in 18 AAC 50.260(a);

(89) "reduction in visibility" means the obscuring of an observer's vision;

(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;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;

(92) repealed 11/9/2014;

(93) "responsible official" means

(A) for a corporation, a pr esident, secretary, treasure r, or vice-president of the corporation in charge of a principa l business function, or any other person who performs similar policy or decision making functions for the co rporation, or a dulyauthorized representative of that person if th e representative is responsible for the overall operation of one or more manufacturing, produc tion, or operating facil ities applying for or subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more th an 250 persons or have gross annual sales or expenditures exceed ing $25 million in second quarter 1980
dollars; or

(ii) the delegation of authority to the representative is approved in advance by the department;

(B) for a partnership or sole prop rietorship, a general partner or the proprietor, respectively; and

(C) for a public agency, a principal executive officer or ranking elected official; for the purposes of this chapter, a principal executive officer of a federal agency

includes the chief executive officer with re sponsibility for the overall operations of a principal geographic unit in this state;

(94) “reviewing authority” means the department;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

161 (95) “rig day” means each calendar day th at a single drill rig is drilling or testing an oil or gas well in normal operation or standby service; “rig day” does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means act ivities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means pe rforming all activities necessa ry to cease operation of a

source;

(98) "small business facility" ha s the meaning given in AS 46.14.990;

(99) "smolder" means to burn and smoke without flame;

(100) “soot-blowing” means using steam or compressed air to remove carbon

from a furnace or from a boile r’s heat transfer surfaces;

(101) "stack" has the meaning given in AS 46.14.990;

(102) "standard conditions" means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of i gniting the engine; and

(B) for all other sources, the setti ng into operation of a source for any

reason;

(104) "state air quality control plan" means the plan adopted by reference in 18 AAC 50.030;

(105) “stationary source” has the meaning given in AS 46.14.990;

(106) "technology-based emission standard" means

(A) a best available control techno logy standard with the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emi ssion rate (LAER) standard;

(C) a maximum achievable control t echnology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);Register 214, July 2015 ENVIRONMENTAL CONSERVATION

162 (D) a standard adopted by referenc e in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for wh ich the stringency of the standard is based on determinations of what is technologica lly feasible, consideri ng relevant factors;

(107) “temporary construction activity” means construction that is completed in

24 months or less from the date construction be gins; “temporary construc tion activity” includes any period of inactivity du ring that 24-month period;

(108) “thermal soil remediation unit” means a stationary source that causes petroleum contamination to be desorbed fr om soils by heating the soil in a kiln;

(109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;

(B) construction permit issued before October 1, 2004; or

(C) permit to operate issued before January 18, 1997;

(110) “Title V permit” means a permit required by AS 46.14.130(b);

(111) “Title V source” means a stationary source classified as needing a permit under AS 46.14.130(b);

(112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by referen ce in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a

normal and usual manner.

(116) "vapor collection system" means all equipment, ducts, piping, valves, and fittings necessary to prevent organic vapors disp laced at a loading rack from being emitted into the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with volatile liquid during the immedi ately preceding load;

(118) "volatile liquid" means a liqui d compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

163 (119) "volatile liquid load ing rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid stor age tank" means any stationa ry storage vessel that contains a volatile liquid;

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 51.100(s), as revise d as of November 21, 2013, and adopted by reference;

(122) “weighing anchor” means to begin heaving in the anchor with intent to retrieve it and get underway, re gardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device"

(A) means a device designed or used for wood combustion so that usable heat is derived for the interior of a building;

(B) includes

(i) wood-fired or pellet-fired stoves;

(ii) woodstoves;

(iii) fireplaces;

(iv) wood-fired forced air furnaces;

(v) masonry heaters;

(vi) wood-fired or pelle t-fired cooking stoves;

(vii) wood-fired hydronic heaters; and

(viii) combination fuel furnaces or boilers that burn wood;

(C) does not include a device that is primarily a part of an industrial process and incidentally provides usable heat for the interior of a building.

(124) “portable oil and gas operation” means an operation that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portabl e oil and gas operation” does not include well servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of a flare;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

164 (125) “well servicing activities” m eans the use of portable equipment for servicing existing oil and gas wells that only stays on site for shor t and varying periods of time; “well servicing activities” includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) well hot oil units;

(E) well wireline units.

(126) “PAL pollutant” means the polluta nt for which a plan twide applicability limitation (PAL) is established at a major stationary source;

(127) “regional administrator” mean s the administrator of Region X of EPA;

(128) “PM-2.5” means particulate matte r with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers;

(129) “ozone” means a colorless gas th at has a pungent odor and the molecular

form O 3 ;

(130) “transportation improvement plan ” has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(131) “CO 2 equivalent emissions (CO 2 e)” has the meaning given in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040;

(132) “greenhouse gases” has the meaning given in 40 C.F.R. 52.21, adopted by

reference in 18 AAC 50.040.

(133) “campfire” means an open fire that is

(A) less than three feet in diameter;

(B) used for cooking, personal warmt h, lighting, ceremonial, or aesthetic

purposes;

(C) hand built; and

(D) not associated with a debris disposal activity;

(134) “dry wood” means wood with a mois ture content of 20 percent or less;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

165 (135) “hydronic heater”

(A) means an outdoor or indoor fu el burning device, that may be equipped with a heat storage unit, and th at heats building space by means of the distribution, typically through pipe s, of fluid that is typically water or a mixture of water and antifreeze and that is heated in the device;

(B) does not include a forced-air furnace;

(136) “manufactured compressed wood l og” means a log that has been made from 100 percent compressed sawdust, wood chips, or other organic materi al and that does not have additives;

(137) “masonry heater” mean s a heating appliance that

(A) is constructed of concrete or soli d masonry that is designed to absorb and store heat from a solid fuel fire built in the firebox by routing the exhaust gases through internal heat exchange channels in which the flow path downstream of the firebox may include flow in a horizontal or downward direction before entering the chimney; and

(B) delivers heat by radiation from the masonry surface of the heater;

(138) “solid fuel-f ired heating device”

(A) means a device used for wood or co al combustion so th at usable heat

is derived for the inte rior of a building;

(B) includes

(i) wood-fired heating devices;

(ii) coal-fired stoves;

(iii) coal-fired forced air furnaces;

(iv) coal-fired cooking stoves;

(v) coal-fired hydronic heaters; and

(vi) combination fuel furnaces or boilers that burn wood and coal;

(C) does not include a device that is pr imarily part of an industrial process and incidentally provides usable heat for the interior of a building;

(139) “wet wood” means wood with a mois ture content of more than 20 percent;Register 214, July 2015 ENVIRONMENTAL CONSERVATION

166 (140) “woodstove” has the meaning gi ven in “wood heater” in 40 C.F.R. 60.531;

the definition of “wood heater” in 40 C.F.R. 60. 531, as revised as of July 1, 2014, is adopted by

reference.

(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 give n 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 De partment of Transportation, Federal Transit Administration;

(145) “hot-spot analysis” has the mean ing given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(146) “isolated rural nona ttainment and maintenance areas” has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by reference;

(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 cont rol measure” has the meaning given in 40 C.F.R. 93.101, revised as of July 1, 2013, and adopted by re ference. (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, Re gister 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, Regist er 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, Regi ster 208; am 11/9/2014, Register 212; am 2/28/2015, Register 213; am 4/17/2015, Register 214)

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