### 40 C.F.R. Part 51 Appendix V 2.1. (b)

Evidence State Has Formally Adopted Plan or Revision :

Adoption Order of Commissioner Larry Hartig signed by Lynn Kent, Deputy Commissioner under delegation from Larry Hartig,
Commissioner on November 9, 2012 , with F iling Certification of Lt.
Governor Mead Treadwell signed by Lt. Governor Mead Treadwell on December 5, 2012

.

Draft copy of changes to r egulations with changes indicated by bold,

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Mead

Treadw ell , signed by Scott Meriwether, Special Assistant, dated December 6, 2012

.

Readoption draft of 18 AAC 50 Air Quality Control Regulations, as adopted on November 2, 2012

.

Adoption draft of 18 AAC 50 Air Quality Control Regulations , As amended through December 5, 2012 ( with hand written register number

in heade r and hand written notes from the Department of Law )

.

# JU2011200663 (Part 2)

ORDER ADOPTING CHANGES TO

REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The attached eighteen pages of regulations, dealing with the Air Quality Control, induding OneHour N0 2 Standards is hereby adopted and certified to be a correct copy of the regulation changes that the Department of Environmental Conservation adopts under the authority of

AS 46.03 and AS 46.14 and after compliance with the Administrative Procedure Act (AS 44.62), specifically induding notice under AS 44.62.190 and 44.62.200 and opportunity for public

comment under AS 44.62.210.

This action is not expected to require an increased appropriation.

In considering the public comments, the Department of Environmental Conservation paid special

attention to the cost to private persons of the regulatory action being taken. The Department of

Environmental Conservation also gave special attention to alternate practical methods in this regulatory action, as required by AS 46.03.024.

The regulation changes adopted under this order take effect on the 30th day after they have been

filed by the lieutenant governor as provided in AS 44.62.180.

DATE: November 9,2012 Anchorage, Alaska

Larry Hartig, Commissioner Department of Environmental Conservation

FILING CERTIFICATION

I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on

### ~ 

# j-: 2012, at

### ~.m., I filed the attached regulations according to the provisions

of AS 44.62.040

- 44.62.120.

Effective:

Register: ,Jaf\l-\.O-V7 

# Y; ;)9(3



# :20 S /**A~ (~I**  ;W ('3

# ~~;:

# ~Lieutenant Governor

## DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Public Comment Draft

March 2 , 201 2

Comment Period Ends April 10 , 201 2 , 5:00 p.m.

Sean Parnell

Governor

Larry Hartig
CommissionerRegister ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

2 18 AAC 50.010(5) is amended to read:

(5) for oxides of nitrogen, measured as nitrogen dioxide:

(A) annual average [ARITHMETIC MEAN] nitrogen dioxide

concentration of 100 micrograms per cubic meter ; with this standard being attained

when the average of the one
- hour nitroge n dioxide concentration s 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 dioxide 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 nitrogen dioxide

concentration is less than or equal t o 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) ; ( 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

___/___/___, Register ___ )

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

AS 46.14.010Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

3 18 AAC 50.020 , Table 2 is amended to read:

Table 2.

Baseline Areas and Dates

Baseline Area [AIR

QUALITY CONTROL

REGION] 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 To be established per 40 C.F.R.

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

18 AAC 50.040(h).

Northern Alaska Intrastate

Air Quality Control

Region Nitrogen dioxide February 8, 1988Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

4 Sulfur dioxide June 1, 1979

PM

- 10 November 13, 1978

PM

- 2.5 To be established per 40 C.F.R.

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

18 AAC 50.040(h).

South Central Alaska

Intra state 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 per 40 C.F.R.

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

18 AAC 50.040(h).

Southeast Alaska Intra

state Air Quality Control

Region Nitrogen dioxide February 8, 1988Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

5 Sulfur dioxide November 10, 1986

PM

- 10 To be established per 40 C.F.R.

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

18 AAC 50.040(h). [ T HE EARLIEST

DATE UPON WHICH THE

DEPARTMENT DECLARES

COMPLETE AN APPLICATION FOR A

FACILITY OR MODIFICATION THAT

INCLUDES INFORMATION REQUIRED

UNDER 18 AAC 50.306 AND SHOWS

AN INCREASE IN ACTUAL PM

- 10

EMISSIONS EQUAL TO OR

EXCEEDING 15 TONS PER YEAR.]

PM

- 2.5 To be established per 40 C.F.R.

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

18 AAC 50.040(h).



## ...Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

6 18 AAC 50.020(b) is amended to read:

(b) To establish standards for the prevention of significant deterioration of air quality,

(1) minor source baseline dates for determining the ambient concentration of

certain air pollutants are established for each baseline area [AIR QUALITY CONTROL

REGIO N] listed in Table 2 in (a) of this section;

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

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

this subsection;

( 3 ) for any peri od other than an annual period, the applicable maximum

allowable increase may be exceeded during one such period per year at any one location; [AND]

( 4 ) the baseline concentrations and maximum allowable increases shall be

measured or predicted by a method described in 18 AAC 50.215 ; and [.]

(5) no concentration shall exceed the ambient air quality standard described

in 18 AAC 50.010 for that pollutant

.



## ...

Table 3 of 18 AAC 50.020 is amended to read:

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)Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

7 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

................. 30Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

8 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

................ 700Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

9 Nitrogen dioxide:

Annual arithmetic mean

........................... ................. 50

PM

- 2.5:

Annual arithmetic mean

........................

24

- hour maximum

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

................. 18



## ...

18 AAC 50.020(e) is amended to read:

( e ) F or purposes of this section
, the baseline concentration s within a baseline

area are determined according to the prov isions in 40 C.F.R. 52.21 ( b) (13) , adopted by

reference in 18 AAC 50.040 (h)

. [ FOR PURPOSES OF THIS SECTION, THE BASELINE

CONCENTRATION OF AN AIR POLLUTANT IS DETERMINED AS FOLLOWS:

(1) FOR PM

- 10 AND SULFUR DIOXIDE, THE BASELINE

CONCENTRATION IS THE AMBIENT CONCENTRATION OF THE AIR POLLUTANT ON

THE APPLICABLE BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE

EMIS SIONS OF A PSD MAJOR STATIONARY SOURCE FOR WHI CH CONSTRUCTION

COMMENCED BE FORE JANUARY 6, 1975, BUT THAT WAS NOT IN OPERA TION BY

THE BASE LINE DATE; HOWEVER, THE BASELINE CONCENTRATION DOES NOT

INCLUDE ACTUAL EMIS SIONS FROM A PSD MAJOR STATIONARY SOURCE OR A

PSD MAJOR MODIFICATION FOR WHICH CONSTRU CTION COMMENCED ON OR

AFTER JANUARY 6, 1975; ANDRegister ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

10 (2) FOR NITROGEN DIOXIDE, THE BASELINE CONCENTRATION IS THE

AMBIENT CONCEN TRA TION OF THE AIR POLLUTANT ON THE APPLI CABLE

BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE EMIS SIONS OF A

PSD MAJOR STA TIONARY SOURCE FOR WHICH CON STRUC TION COMMENCED

BEFORE FEBRUARY 8, 1988, BUT THAT WAS NOT IN OPERATION BY THE BASELINE

DATE. ]



## ...

18 AAC 50.020 is amended by adding a new paragraph to read:

(g) For purposes of this section, the baseline area means every part of an “air quality

control region” described in 18 AAC 50.015 designated as attainment or unclassifiable in which

the major source or major modification establishing the minor source baseline date would

construct or would have an air quality impact for the pollutant for which the baseline date is

established, as follows: equal to or greater than 1 microgram per cubic meter (annual average)

for sulfur dioxide, nitrogen dioxide, or PM

- 10; or equ al to or greater than 0.3 micrograms per

cubic meter (annual average) for PM

- 2.5. The baseline areas established as of {adoption date of

the regulations} are listed in Table 2 of this section

.

(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 ___/___/___, Register ___ )

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

11 The lead

- in language of 18 AAC 50.030 is amended to read:

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

Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, as

amended through {adoption date of the regulations} [JULY 13, 2011 ] , are adopted by reference.

The plan includes the f

ollowing documents which are also adopted by reference :

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

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

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

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

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

11/9/20 08, 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 ___/___/___, Register ___ )

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

AS 46.14.020 AS 46.14.140

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

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

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

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

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

9/17/2011, Register 199 ; am ___/___/___, Register ___ )Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

12 Authori ty: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

The lead

- in language of 18 AAC 50.040( h ) is amended to read:

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

Deteriorati on of Air Quality) and 40 C.F.R. 52 ( Approval and Promulgation of Implementation

Plans ) , as revised as of July 1, 201 1 [ A UGUST 2 , 20 10 ] , are adopted by reference:



## ...

18 AAC 50.040(h) (4) is amended by adding a new paragraph to read:

( D ) 40 C.F.R. 52.21(b)( 15) (“baseline area”) is not adopted, and the term

defined in that provision has the meaning given in 18 AAC 50.020(g).



## ...

18 AAC 50.040(h)(5) is repealed:

(5) repealed __/__/____ [ 40 C.F.R. 52.21(d) (Ambient Air Ceilings) ] ;

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

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

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

___/___/___, Register ___ )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

13 18 AAC 50. 215 ( b ) (2) is amended to read :

( 2 ) for comparing predicted or measured ambient concentrations of an air

pollutant to a maximum allowable increase established under 18 AAC 50.020 [18 AAC

50.020(B)(2)] , exclude

(A) concentrations attributable to a temporary construction activity for a

new or mod ified source: and

(B) the [INCREASE IN] concentrations described under 40 C.F.R.

51.166(f), adopted by reference in 18 AAC 50.040 (h) [ATTRIBUTABLE TO NEW

SOURCES OUTSIDE THE UNITED STATES OVER THE CONCENTRATIONS

ATTRIBUTABLE TO EXISTING SOURCES INCLUD ED IN THE BASELINE

CONCENTRATION ]

.



## ...

The lead

- in language of 18 AAC 50.215(d) and Table 5 are amended to read:

(d) Table 5 establishes the significant impact level (SIL) , expressed as micrograms per

cubic meter, for each pollutant and averaging period

. If the ambient impacts from emissions

from a stationary source or modification are less than the concentrations in Table 5, the

emissions are not considered to cause or contribute to a violation of an ambient air quality

standard or maximum allowable inc rease for a Class II area. The comparison of a modeled

impact to the SIL shall be conducted as follows:

(1) for the 24

- hour PM

- 2.5 SIL
, the annual average PM

- 2.5 SIL, the 1

- hour

nitrogen dioxide SIL, or the 1

- hour sulfur dioxide SIL,

(A) compare the highest modeled concentration when using either 1

-

year of meteorological data or screening meteorological data; orRegister ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

14 (B) the highest multi

- year average concentration when using a multi

year meteorological data set; and

(2) for all other pollutants and averaging periods, use the highest modeled

concentration.

Table 5.

Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic meter)

Averaging Period

Annual 24

- hours 8

- hours 3

- hours 1

- hour

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 [ N/A ]

Carbon

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

Note to Table 5: In this table, “N/A” means not applicable.



## ...

18 AAC 50.215 is amended by adding the following editor’s note:

Editor's note : The Class I SIL s for PM

- 2.5 are in 40 C.F.R. 52.21 (k)(2), adopted by

reference in 18 AAC 50.040(h)

. T here are no Class I SILs for any other air pollutant as of

{adoption date of the regulations}

.Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

15 (E ff. 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 ; 9/17/2011,

Register 199 ; am ___/___/___, Register ___ )

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

AS 46.14.030 AS 46.14.180

18 AAC 50. 3 0 6(b ) (1)(C) is amended to read :

( C ) the term “ambient air increment” 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 ;



## ...

18 AAC 50. 3 0 6(b ) (2) is amended to read:

( 2 ) exclusions from increment consumption apply to the maximum extent

allowed under 18 AAC 50.215(b)(2) [40 C.F.R. 51.166(F), ADOPTED BY REFERENCE IN

18 AAC 50.040 ];

(Eff.10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am

___/___/___, Register ___ )

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 46.14.140Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

16 18 AAC 50.502(c) (1) is amended to read:

(1) beginning actual construction 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; [OR]

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon

monoxide nonattainment area; or

(F) 10 TPY of direct PM

- 2.5 emissions ; or



## ...

18 AAC 50.502(c) (3) is amended to read:

(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 than an amount listed in

(1) of this subsection that will cause for that pollutant an emissions in crease calculated at the

discretion of the owner or operator as either an increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM

- 10 ;

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; [OR]

(iv) 100 TPY of carbon monoxid e for a stationary source within

10 kilometers of a carbon monoxide nonattainment area; or

(v) 10 TPY of direct PM

- 2.5 emissions ; orRegister ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

17 (B) actual emissions and a net emissions increase greater than

(i) 10 TPY of PM

- 10

(ii) 10 TPY of sulfur dioxide;

(iii ) 10 TPY of nitrogen oxides; [OR]

(iv) 100 TPY of carbon monoxide for a stationary source within

10 kilometers of a carbon monoxide nonattainment area ; or [. ]

(v) 10 TPY of direct PM

- 2.5 emissions

.



## ...

18 AAC 50.502 is amended by adding a new subsection to read:

(i) For the purposes of this section, fugitive emissions shall not be included for

determining if a minor permit is required, unless the source belongs to any of the stationary

source categories li sted in 40 C.F.R. Part 5 1.165(a)(1)(iv)(C) , adopted by reference in 1 8 AAC

50.040(i )

.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am

7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/___, Register ___ )

Authority: AS 46.03.0 20 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(c)(2)(B) is amended to read:

(B) sulfur dioxide, PM

- 2.5 [PM

- 10]

, and nitrogen dioxide for a portable

oil and gas operation;



## ...Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

18 18 AAC 50.540(d) is amended to read:

(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 operation of the stationary source or emissions

increase from the modification will not cause or contribute to a viol ation of the ambient air

quality standards [ STANDARD ] for carbon monoxide.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am

7/25/2008, Register 187; am 12/9/2010, Register 196; am 12/9/2010, Register 196 ; am

___/___ /___, Register ___ )

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(c)(2) is amended to read:

(2) is considered to show compliance with the ambient air quality standard for an

air pollutant and averaging period if

(A) for a new stationary source or modification , the predicted ambient air

concentration from the stationary source , excluding offsite or ba ckground contributions,

does not exceed 50 percent of the ambient standard for PM

- 2.5, 67 percent [ 2 /3 ] of

the [ EACH] ambient standard for PM

- 10, or 80 percent of the [EACH] ambient standard

for sulfur dioxide or nitrogen oxides;Register ____, ________ 2012 E NVIRONMENTAL C ONSERVATION DRAFT

19 (B) for a modification, the predicted concentration resulting from the

proposal [INCREASE] is less than the significant impact level [LEVELS] in Table 5 of

18 AAC 50.215(d) ; [OR]

(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 ambient air concentration from the previous

analysi s plus the highest predicted ambient air concentration resulting from the increase

is less than the concentration described in (A) of this paragraph [.] ; or

(D) for a modification, if the owner or operator has completed a

previous ambient analysis that a dequately characterizes the stationary source as it

existed before the modification and, the sum of the highest ambient air

concentration from the previous analysis plus the previous background

concentration plus the highest predicted ambient air concentra tion resulting from

the increase is less than the ambient air quality standard in 18 AAC 50.010

.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am

12/9/2010, Register 196 ; am ___/___/___, Register ___ )

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 46.14.200Mead Treadwell

Lieutenant Governor

State Capitol
Juneau, Alaska 99811

907.465.3520 465.5400 Fax

WWW.LTGOV.ALASKA.GOV 530 West 7th Ave, Suite 1700 Anchorage, Alaska 99501

907.269.7460 269.0263

LT.GOVERNOR@ALASKA.GOV

TO:

FROM:

DATE:

RE: OFFICE OF THE LIEUTENANT GOVERNOR

ALASKA

MEMORANDUM

Gary Mendivil, AAC Contact Department of Environmental Conservation

Scott Meriwether Special Assistant

907.465.4081

December 6, 2012

Filed Permanent Regulations: Department of Environmental Conservation

Regulations re: update to ambient air quality standards: 18 MC 50.010(5); 18 MC
50.020; 18 MC 50.035(b)(1); 18 MC 50.040(h), (i); 18 MC 50.215(b)(2), (d); 18 MC 50.502(c), (i); 18 MC 50.540(c), (d), (1); 18 MC 50.542(c)(2)

Attorney General File: JU2011200663 (Part 2)

Regulation Filed: 12/5/2012

Effective Date: 1/4/2013

Print: 205, April 2013

cc with enclosures: Linda Miller, Department of Law

Kristen Peterson, Administrative Regulation Review Committee Judy Herndon, LexisN exisRegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

1 18 AAC 50.010(5) is amended to read:

(5) for oxides of nitrogen, measured as nitrogen dioxide:

(A) annual average n itrogen dioxide concentration [ARITHMETIC

MEAN] of 100 micrograms per cubic meter
, with this standard being attained when

the average of the one

- hour nitrogen dioxide concentration s 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 nit rogen dioxide 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 nitrogen dioxide

concentration 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) ;

( 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 ___/___/____, Register ____)

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

AS 46.14.010

18 AAC 50.020(a) is amended to read:

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

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

other air pollutants listed in Table 2 in this subsection.Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

2 Table 2.

B aseline Areas and Dates

Baseline Area [AIR

QUALITY CONTROL

REGION] 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, 1978Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

3 PM

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

52.21(b)(14)(ii), adopted by refer ence in

18 AAC 50.040(h)

South Central Alaska

Intra state 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 b y reference in

18 AAC 50.040(h)

Southeast Alaska

Intra state Air Quality

Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

4 PM

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

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

18 AAC 50.040(h) [THE EARLIEST

DATE UPON WHICH THE

DEPARTMENT DECLARES

COMPLETE AN APPLICATION FOR A

FACILITY OR MODIFICATION THAT

INCLUDES INFORMATION REQUIRED

UNDER 18 AAC 50.306 AND SHOWS

AN INCREASE IN ACTUAL PM

- 10

EMISSIONS EQUAL TO OR

EXCEEDING 15 TONS PER YEAR.]

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)

18 AAC 50.020(b) is amended to read:

(b) To establish standards for the prevention of significant deterioration of air quality,

(1) minor source baseline dates for determining the ambient concentration of

certain air pollutants are established for each baseline area [AIR QUALITY CONTROLRegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

5 REGION] listed in Table 2 in (a) of thi s section;

( 2 ) in areas designated as Class I, II, or III, increases 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 annual period, the applicable maximum

allowable increase may be exceeded during one such period per year at any one location; [AND]

( 4 ) the baseline concentrations and maximum allowable increases shall be

measured or predicted by a method 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

.

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

.................. 8Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

6 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

................ 512Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

7 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

........................... ................. 50Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

8 PM

- 2.5:

Annual arithmetic mean

........................

24

- hour maximum

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

................. 18

18 AAC 50.020(e) is amended to read:

(e) For purposes of this section, the baseline concentrations within a baseline area are

determined in accordance with 40 C.F.R. 52.21(b)(13) , adopted by reference in 18 AAC

50.040 (h) [ CONCENTRATION OF AN AIR POLLUTANT IS DETERMINED AS

FOLLOWS:

(1) FOR PM

- 10 AND SULFUR DIOXIDE, THE BASELINE

CONCENTRAT ION IS THE AMBIENT CONCENTRATION OF THE AIR POLLUTANT ON

THE APPLICABLE BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE

EMIS SIONS OF A PSD MAJOR STATIONARY SOURCE FOR WHICH CONSTRUCTION

COMMENCED BE FORE JANUARY 6, 1975, BUT THAT WAS NOT IN OPERA TION BY

THE BASE LINE DATE; HOWEVER, THE BASELINE CONCENTRATION DOES NOT

INCLUDE ACTUAL EMIS SIONS FROM A PSD MAJOR STATIONARY SOURCE OR A

PSD MAJOR MODIFICATION FOR WHICH CONSTRUCTION COMMENCED ON OR

AFTER JANUARY 6, 1975; AND

(2) FOR NITROGEN DIOXIDE, THE B ASELINE CONCENTRATION IS THE

AMBIENT CONCEN TRA TION OF THE AIR POLLUTANT ON THE APPLI CABLE

BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE EMIS SIONS OF ARegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

9 PSD MAJOR STATIONARY SOURCE FOR WHICH CON STRUC TION COMMENCED

BEFORE FEBRUARY 8, 1988, BUT THA T WAS NOT IN OPERATION BY THE BASELINE

DATE ]

.

18 AAC 50.020 is amended by adding a new subsection to read:

(g) For purposes of this section, the baseline area is every part of an air quality control

region described in 18 AAC 50.015 that is designated as attainment or unclassifiable, and in

which the major source or major modification establishing the minor source baseline date would

construct or would have an air quality impact for 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, nitrogen dioxide, or PM

- 10;

(2) equal to or greater 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 ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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

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

(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, Regis ter

176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; amRegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

10 9/17/2011, Register 199 ; am 4/8/2012, Register 202; am 9/14/2012, Register 203 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.1 40

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

The lead

- in language of 18 AAC 50.040(h) is amended to read:

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

Deterioration of Air Quality) and 40 C.F.R. 52 ( Appro val and Promulgation of Implementation

Plans ) , as revised as of July 1, 2011 [AUGUST 2 , 20 10] , are adopted by reference:



### . . .

18 AAC 50.040(h)(4)(B)(vi) is repealed:

(vi) repealed ___/___/____;

18 AAC 50.040(h)(4) is amended by adding a new subpa ragraph to read:

(D) 40 C.F.R. 52.21(b)(15) ("baseline area") is not adopted, and the term

defined in that provision has the meaning given in 18 AAC 50.020(g).

18 AAC 50.040(h)(5) is repealed:

(5) repealed ___/___/____;Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

11 18 AAC 50.040(i)(1)(A) is amend ed to read:

(A) the following provision 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) [ 40 C.F.R. 52.165(a)(1)(ii) ]

("building, structure, facility, or installation");

(ii i ) 40 C.F.R. 51 .165(a)(1)(ii i ) [ 40 C.F.R. 52.165(a)(1)(ii i ) ]

("potential to emit");

(i v ) 40 C.F.R. 51 .165(a)(1)( vii ) [ 40 C.F.R. 52.165(a)(1)(i v ) ]

("emissions unit");

(v) 40 C.F.R. 51.165(a)( 1)(xviii) [ 40 C.F.R. 52.165(a)(1)(ix)

("FUGITIVE EMISSIONS");

(vi) 40 C.F.R. 52.165(a)(1)(xviii) ] ("construction");

18 AAC 50.040(i)(1)(B)(i) is amended to read:

(i) 40 C.F.R. 51.165(a)(1)(xxxvii) [ 40 C.F.R.

52.165(a)(1)(xxxvii) ] ("regulated NSR pollutant");

18 AAC 50.040(i)(1)(B)(ii) is amended to read:

(i i ) 40 C.F.R. 51.165(a)(1)(xxxvii i ) [ 40 C.F.R.

52.165(a)(1)(xxxvii i ) ] (" reviewing authority ");

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000,Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

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

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

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

Au thority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50. 215 ( b ) (2) is amended to read :

( 2 ) for comparing predicted or measured ambient concentrations of an air

pollutant to a maximum allowable increase established under 18 AAC 50.020 [18 AAC

50.020(b )(2)], exclude

(A) concentrations attributable to a temporary construction activity for a

new or modified source: and

(B) the [INCREASE IN] concentrations described under 40 C.F.R.

51.166(f), adopted by reference in 18 AAC 50.040(h) [ATTR IBUTABLE TO NEW

SOURCES OUTSIDE THE UNITED STATES OVER THE CONCENTRATIONS

ATTRIBUTABLE TO EXISTING SOURCES INCLUDED IN THE BASELINE

CONCENTRATION ]

.

18 AAC 50. 215 ( d) is amended to read :

(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic

meter, for each pollutant and averaging period . If the ambient impacts from emissions from a

stationary source or modification are less than the concentrations in Table 5, the emissions areRegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

13 n ot considered to cause or contribute to a violation of an ambient air quality standard or

maximum allowable increase for a Class II area. A person shall conduct the comparison of a

modeled impact to the significant impact level as follows:

(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 [FOR] the

one

- hour sulfur dioxide significant impact level, the person shall compare

(A) the highest mode led concentration when using either one year of

meteorological data or screening meteorological data; or

(B) the highest multi

- year average concentration when using a multi

- year

[MULTIYEAR] meteorological data set; [AND]

(2) for all [AN] other pollutants and averaging periods, the person shall use the

highest modeled concentration.

Table 5.

Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic meter)

Averaging Period

Annual 24 hours 8 hours 3 hours 1 hour

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 1.0 N/A N/A N/A 8 [ N/A ]Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

14 dioxide

Carbon

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

Note to Table 5: In this table, “N/A” means not applicable.

(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 ; 9/17/2011,

Register 199 ; am 9/14/2012, Register 203 ; am ___/___/____, Register ____)

Authority: AS 4 6.03.020 AS 46.14.140 Sec. 30, ch. 74, SLA 1993

AS 46.14.030 AS 46.14.180

18 AAC 50. 3 0 6(b ) (1)(C) is amended to read :

( C ) the term "ambient air increment" 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 ;

18 AAC 50. 3 0 6(b ) (2) is amended to read:

( 2 ) exclusions from increment consumption apply to the maximum extent

allowed under 18 AAC 50.215(b)(2) [40 C.F.R. 51.166( f ), ADOPTED BY REFERENCE IN

18 AAC 50.040 ];

(Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am

___/___/____, Register ____)Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

15 18 AAC 50.502(c) (1) is amended by adding a new subparagraph to read:

(F) 10 TPY of direct PM

- 2.5 emissions; or

18 AAC 50.502(c) (3)(A) is amended by adding a new sub

- subparagraph to read:

(v) 10 TPY of direct PM

- 2.5 emissions; or

18 AAC 50.502(c) (3)(B) is amended by adding a new sub

- subparagraph to read:

(v) 10 TPY of direct PM

- 2.5 emissions.

18 AAC 50.502 is amended by adding a new subsection to read:

(i) For purposes of this section, fugitive emissions will not be included for determ ining if

a minor permit is required, unless the source belongs to any of the stationary source categories

listed in 40 C.F.R. 51.165(a)(1)(iv)(C), adopted by reference in 1 8 AAC 50.040(i ). (Eff.

10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3 /2005, Register 176; am

7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/____, Register ____)

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

The lead

- in language of 18 AAC 50.540(c)(2) is amended to read:

(2) for a permit for construction, modification, or relocation of a stationary

source, a demonstration in ac cordance with 18 AAC 50.215(b)

- (e) that the proposed potentialRegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

16 emissions from the stationary source wi ll not interfere 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 protocol if the department requests a modeling

protocol for d emonstrating compliance with ambient air quality standards; unless the department

has made a finding in writing that the stationary source or modification does not need an ambient

analysis to determine that construction and operation will not result in a v iolation of an ambient

air quality standard, the application must include an ambient analysis for



### . . .

18 AAC 50.540(c)(2)(B) is amended to read:

(B) sulfur dioxide, annual average PM

- 2.5, PM

- 10

, and nitrogen dioxide

for a portable oil and gas operation ;

18 AAC 50.540(d) is amended to read:

(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 includ e a demonstration that the potential to emit carbon

monoxide emissions from construction and operation of the stationary source or emissions

increase from the modification will not cause or contribute to a violation of the ambient air

quality standards [ ST ANDARD ] for carbon monoxide.Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

17 18 AAC 50.5 40 is amended by adding a new subsection to read:

( l ) One

- hour nitrogen dioxide exemption. A permit applicant i s not r e quir ed to

demonstrate compliance with the one

- hour nitrogen dioxide standard in 18 AAC 50.010(5)(B),

unless the department finds that the emissions have a reasonable likelihood of causing or

significantly contributing to ambient concentrations that exceed the one

- hour nitrogen dioxide

standard , and makes a written request for a demonstration

. (Eff. 10/1/2004, Register 171; am

12/1/2004, Register 172; am 12/3/2005, Register 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

___/___/____, Register ____)

Authority: AS 46.03.02 0 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(c)(2) is amended to read:

(2) is considered to show compliance with the ambient air quality standard for an

air pollutant and averaging period if

(A) for a new stationary source or modification, the predicted ambient air

concentration from the stationary source, excluding offsite or bac kground contributions,

does not exceed 50 percent of each ambient standard for PM

- 2.5, 67 percent [ 2 /3] of

the [EACH] ambient standard for PM

- 10, or 80 percent of each ambient standard for

sulfur dioxide or nitrogen dioxide [OXIDES ] ;

(B) for a modification, the predicted concentration resulting from theRegister ___, _______ 2013 ENVIRONMENTAL CONSERVATION

18 proposal [INCREASE] is less than the significant impact level [LEVELS] in Table 5 of

18 AAC 50.215(d); [OR]

(C) for a modification, if the owner or operator has completed a previous

ambient a nalysis that adequately characterizes the stationary source as it existed before

the modification
, and [,] the sum of the highest ambient air concentration from the

previous analysis plus the highest predicted ambient air concentration resulting from the

i ncrease is less than the concentration described 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 modificat ion
, and the sum of the highest ambient air

concentration from the previous analysis
, plus the previous background

concentration
, plus the highest predicted ambient air concentration resulting from

the increase is less than the ambient air quality standard in 18 AAC 50.010

.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am

12/9/2010, Register 196 ; am ___/___/____, Register ____)

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 46.14.200Register205, 

## Afrr'( 2013 ENVIRONMENTAL CONSERVATION

18 AAC 50.010(5) is amended to read:

(5) for 

### oxides of nitrogen, measured as nitrogen dioxide:



## !A2. annual 

### average nitrogen dioxide concentration [ARITHMETIC

MEAN] of 100 micrograms per cubic meter, 

### with this standard being attained 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.FeR. Part 50. Appendix S, adopted by reference in 18 AAC 50.035(b);

(B) one-hour average nitrogen dioxide concentration of 188

micrograms per cubic meter, with this standard being attained when the three-year

average of the annual, 98th percentile, daily maximum, one-hour nitrogen dioxide

concentration 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);

(Eff. 1/18/97, Register 141; am 6121198, Register 146; am 10/112004, Register 171; am 4/112010,

Register 193; am 911712011, Register 199; am _'_1.!L120/3, Register 

### .1Q5)

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

AS 46.14.010

18 AAC 50.020(a) is amended to read:

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

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

other air pollutants listed in Table 2 in this subsection.

1Register 2fJ 

## 5, 

## Itfrt 

## j 2013 ENVIRONMENT AL CONSERVATION



### Table 2.

Baseline Areas and Dates

Baseline Area [AIR

Air Pollutant 

### Minor Source Baseline Date QUALITY CONTROL

REGION]

Cook Inlet Intrastate Air
Nitrogen dioxide February 8, 1988 Quality Control Region

Sulfur dioxide October 12, 1979

PM-IO March 20, 1982

PM·2.5 

### Sentember 142 2012

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

Region

Sulfur dioxide June 1, 1979

PM-lO November 13, 1978

2Register 

### 205, 

## Ilr"/ 2013 ENVIRONMENTAL CONSERVATION

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)

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

Control Region

Sulfur dioxide October 26, 1979

PM-lO 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
Nitrogen dioxide February 8, 1988
Intrastate Air Quality

Control Region

Sulfur dioxide November 10,1986



### 3Register 

### 205, 

# fir;t 2013 ENVIRONMENTAL CONSERVATION

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

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

18 AAC 50.040(h) [THE EARLIEST

DATE UPON WHICH THE

DEPARTMENT DECLARES

COMPLETE AN APPLICATION FOR A

FACILITY OR MODIFICATION THAT

INCLUDES INFORMATION REQUIRED

UNDER 18 AAC 50.306 AND SHOWS

AN INCREASE IN ACTUAL PM-lO

EMISSIONS EQUAL TO OR

EXCEEDING 15 TONS PER YEAR.]

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

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

18 AAC 50.040(hl

18 AAC 50.020(b) is amended to read:

(b) To establish standards for the prevention of significant deterioration of air quality,

(1) minor source baseline dates for determining the ambient concentration of

certain air pollutants are established for each baseline area [AIR QUALITY CONTROL

4Register 

### 2 D 

### 5, 

## Afr; / 2013 ENVIRONMENTAL CONSERVATION

REGION] listed in Table 2 in (a) of this section;

(2) in areas designated as Class I, II, or III, increases 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 annual period, the applicable maximum

allowable increase may be exceeded during one such period per year at anyone location; [AND]

(4) the baseline concentrations and maximum allowable increases shall be

measured or predicted by a method 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.

Table 3.

Maximum Allowable Increases

Classification of area Maximum allowable

in 18 AAC 50.015(c) increase (micrograms

Table 1 Air Pollutant per cubic meter)

PM-lO:

Annual arithmetic mean

........................... .................. 4

CLASS I 24-hour maximum

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



### 5Register 2013, 

### I-}pn'/ 2013 ENVIRONMENTAL CONSERVATION

- I

Sulfur dioxide:

Annual arithmetic mean

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

24-hour maximum

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

3-hour maximum

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

Nitrogen dioxide:

Annual arithmetic mean

........................... ................. 2.5

PM-2.S:



### Annual arithmetic mean

........................ . ................. 1

24-hour maximum

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

PM-lO:

Annual arithmetic mean

........................... ................. 17

24-hour maximum

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

Sulfur dioxide:

Annual ari thmetic mean

........................... ................. 20

24-hour maximum

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

CLASS II 3-hour maximum

...................................... . ............... 512

6Register 

## 205, 

## APr;! 2013 ENVIRONMENTAL CONSERVATION 

# ,

Nitrogen dioxide:

Annual arithmetic mean

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



### PM·2.5:

Annual arithmetic mean

........................ 

### . ................. 4

24-hour maximum

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

PM-lO:

Annual arithmetic mean

........................... .. ............... 34

24-hour maximum

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

Sulfur dioxide:

Annual arithmetic mean

........................... .. ............... 40

24-hour maximum

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

3-hour maximum

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

Nitrogen dioxide:

CLASS III Annual arithmetic mean

........................... . ................ 50

7Register 

### 205, 

## Afr;f 2013 ENVIRONMENTAL CONSERVATION

PM-2.5:

Annual arithmetic mean

...... 

### u................

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

24-hour maximllm

.................................. . ................ 18

18 AAC 50.020(e) is amended to read:

(e) For purposes of this section, the baseline 

### concentrations within a baseline area are

determined in accordance with 40 C.F.R. 52.21(b)(13), 

### adopted by 

### reference in 18 AAC

50.040(h) [CONCENTRATION OF AN AIR POLLUTANT IS DETERMINED AS

FOLLOWS:

(1) FOR PM-lO AND SULFUR DIOXIDE, THE BASELINE

CONCENTRATION IS THE AMBIENT CONCENTRATION OF THE AIR POLLUTANT ON

THE APPLICABLE BASELINE DATE, PLUS THE CONTRIB UTION FROM ALLOWABLE

EMISSIONS OF A PSD MAJOR STATIONARY SOURCE FOR WHICH CONSTRUCTION

COMMENCED BEFORE JANUARY 6,1975, BUT THAT WAS NOT IN OPERATION BY

THE BASELINE DATE; HOWEVER, THE BASELINE CONCENTRATION DOES NOT

INCLUDE ACTUAL EMISSIONS FROM A PSD MAJOR STATIONARY SOURCE OR A

PSD MAJOR MODIFICATION FOR WHICH CONSTRUCTION COMMENCED ON OR

AFTER JANUARY 6,1975; AND

(2) FOR NITROGEN DIOXIDE, THE BASELINE CONCENTRATION IS THE

AMBIENT CONCENTRATION OF THE AIR POLLUTANT ON THE APPLICABLE

BASELINE DATE, PLUS THE CONTRIBUTION FROM ALLOWABLE EMISSIONS OF A

8Register 

### 205, 

# Apr;! 2013 ENVIRONMENTAL CONSERVATION

PSD MAJOR STATIONARY SOURCE FOR WHICH CONSTRUCTION COMMENCED

BEFORE FEBRUARY 8,1988, BUT THAT WAS NOT IN OPERATION BY THE BASELINE

DATE].

18 AAC 50.020 is amended by adding a new subsection to read:

(g) For purposes of this section, the baseline area is every part of an air quality control

region described in 18 AAC 50.015 that is designated as attainment or unclassifiab1e, and in

which the major source or major modification establishing the minor source baseline date would

construct or would have an air quality impact for 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, nitrogen dioxide, or PM-I0;

(2) equal to or greater 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 

# _'_/.!L/ 20(3,**Register~)**

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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

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

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

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

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

9Register 

### 205, 

# Arc; I 2013 ENVIRONMENTAL CONSERVATION

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



### _, 1..:i120/3, Register**~.s)**



### Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

The lead-in language of 18 AAC 50.040(h) is amended to read:

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

Deterioration of Air Quality) and 40 C.P.R. 52 (Approval and Promulgation of Implementation

Plansl, as revised as of 

### .July 1,2011 [AUGUST 2, 2010], are adopted by reference:

18 AAC 50.040(h)(4)(B)(vi) is repealed:

(vi) repealed _1_ILI2013 ;

18 AAC 50.040(h)(4) is amended by adding a new subparagraph to read:

(D) 40 c.P.R. 52.21(b)(15) ("baseline area") is not adopted, and the term

defined in that provision has the meaning given in 18 AAC 50.020(g).

18 AAC 50.040(h)(5) is repealed:

(5) repealed 

## LI!f-J 2013 ;

10Register 20 

### 5, 

## Bfrt'f 2013 ENVIRONMENTAL CONSERVATION

18 AAC 50.040(i)(l)(A) is amended to read:

(A) the following provision 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) [40 C.F.R. 52.165(a)(1)(ii)]

("building, structure, facility, or installation");

(iii) 40 C.FeR. 51.165(a)(1)(iii) [40 C.F.R. 52.165(a)(1)(iii)]

("potential to emit");

(iv) 40 C.F.R. 51.165(a)(1)(vii) [40 C.F.R. 52.165(a)(1)(iv)]

("emissions unit");

(v) 40 C.FeR. 51.165(a)(1)(xviii) [40 C.F.R. 52.165(a)(1)(ix)

("FUGITIVE EMISSIONS");

(vi) 40 C.F.R. 52. 165(a)(1)(xviii)] ("construction");

18 AAC 50.040(i)(1)(B)(i) is amended to read:

(i) 40 C.FeR. 51.165(a)(1)(xxxvii) [40 c.P.R.

52.165(a)(1)(xxxvii)] ("regulated NSR pollutant");

18 AAC 50.040(i)(1)(B)(ii) is amended to read:

(ii) 40 C.F.R. 51.165(a)(1)(xxxviii) [40 C.F.R.

52.165(a)(1 )(xxxviii)] ("reviewing authority");

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

11Regist er 

### 2/Y:;, 

# ¥

2013 ENVIRONMENTAL CONSERVATION

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

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

9/14/2012, Register 203; am 

### _1_llLI20f3, Register 

### 205)

Authority: AS 46.03.020

AS 46.14.010 AS 46.14.020

18 AAC 50.215(b)(2) is amended to read: AS 46.14.030

(2) for comparing predicted or measured ambient concentrations of an air

pollutant to a maximum allowable increase established under 18 AAC 50.020 [18 AAC

50.020(b)(2)], exclude

(A) concentrations attributable to a temporary construction activity for a

new or modified source: and

(B) the [INCREASE IN] concentrations described under 40 C.F.R.

51.166(0, adopted by reference in 18 AAC 50.040(h) [ATTRIBUTABLE TO NEW

SOURCES OUTSIDE THE UNITED STATES OVER THE CONCENTRATIONS

ATTRIBUTABLE TO EXISTING SOURCES INCLUDED IN THE BASELINE

CONCENTRATION]

.

18 AAC 50.215(d) is amended to read:

(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic

meter, for each pollutant and averaging period. If the ambient impacts from emissions from a

stationary source or modification are less than the concentrations in Table 5, the emissions are

12Register 

### 205, 

## Apr;' 2013 ENVIRONMENTAL CONSERVATION I

not considered to cause or contribute to a violation of an ambient air quality standard or

maximum allowable increase for a Class II area. A person shall conduct the comparison of a

modeled impact to the significant impact level as follows:

(l) for the 24-hour PM-2.5 significant impact level, the annual average PM·2.S

significant impact level, the one-hour nitrogen dioxide significant impact level, or [FOR] 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 screening meteorological data; or

(B) the highest multi-year average concentration when using a multi-year

[MULTIYEAR] meteorological data set; [AND]

(2) for all [AN] other pollutants and averaging periods, the person shall use the

highest modeled concentration.

Table S.

S' 'fi t I**19~1** lcan m}!3C eve s s 

### t L I 

### (SIL) Significant impact level (micrograms per cubic meter)

Averaging Period

Pollutant Annual 24 hours 8 hours 3 hours 1 hour

Sulfur dioxide 1.0 5 

### N/A 25 8

PM-I0 1.0 5 

### N/A N/A N/A

PM-2.5 0.3 1.2 

### N/A N/A N/A

Nitrogen 1.0 

### N/A N/A N/A**~** 

### [N/AJ

13Register.205, 

# Apr:' 2013 ENVIRONMENTAL CONSERVATION

I

dioxide

Carbon 

### N/A N/A 500 

### N/A 2,000

monoxide

Note to Table 5: In thls table, "N/ A" means not apphcable.

(Eff. 1118/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am

7/25/2008, Register 187; am 41112010, [I] Register 193; am 10/29/2010, Register 196; 9/17/2011,

Register 199; am 9114/2012, Register 203; am 

## LI!t-I 2D1 

## 3, Register 

### .205)

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 50.306(b)(l)(C) is amended to read:

(C) the term "ambient air increment" or "maximum allowable increase"

means a maximum allowable increase set out in Table 3 in 18 AAC 50.020(b).1



### calculated as described in 18 AAC 50.020;

18 AAC 50.306(b )(2) is amended to read:

(2) exclusions from increment consumption apply to the maximum extent

allowed under 

### 18 AAC 50.215(b)(2) [40 C.P.R. 51. 166(f), ADOPTED 

### BY REFERENCE IN

18 AAC 50.040];

(Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 

## _'_I-.!il 2 0 

### (3, Register 

### .2.oS)

14Register 

### 205,**f}fr~** 

## I 2013 ENVIRONMENTAL CONSERVATION

18 AAC SO.S02(c)(l) is amended by adding a new subparagraph to read:

(F) 10 TPY of direct PM-2.5 emissions; or

18 AAC SO.S02(c)(3)(A) is amended by adding a new sub-subparagraph to read:

(v) 10 TPY of direct PM-2.5 emissions; or

18 AAC SO.S02(c)(3)(B) is amended by adding a new sub-subparagraph to read:

(v) 10 TPY of direct PM-2.S emissions.

18 AAC SO.S02 is amended by adding a new subsection to read:

(i) For purposes of this section, fugitive emissions will not be included for determining if

a minor permit is required, unless the source belongs to any of the stationary source categories

listed in 40 C.F.R. Sl.I6S(a)(l)(iv)(C), adopted by reference in 18 AAC SO.040(i). (Eff.

10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/200S, Register 176; am

7/2S/2008, Register 187; am 12/9/2010, Register 196; am**_(_/~** 

### 20 1 

### 3, Register 

## 125:.)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010

AS 46.14.020 AS 46.14.130

AS 46.14.140 AS 46.14.180

The lead-in language of 18 AAC SO.S40(c)(2) is amended to read:

(2) for a permit for construction, modification, or relocation of a stationary

source, a demonstration in accordance with 18 AAC SO.21S(b)

- (e) that the proposed potential

ISRegister 20 

## 5, 

# Itpr;' 2013 ENVIRONMENTAL CONSERVATION

emissions from the stationary source will not interfere with the attainment or maintenance of the

ambient air quality standards, 

### except as provided under (D 

### of this section; the ambient

demonstration must follow an approved modeling protocol if the department requests a modeling

protocol for demonstrating compliance with ambient air quality standards; unless the department

has made a finding in writing that the stationary source or modification 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 application must include an ambient analysis for

18 AAC SO.S40(c)(2)(B) is amended to read:

(B) sulfur dioxide, 

### annual average PM·2.5, PM-lO, and nitrogen dioxide

for a portable oil and gas operation;

18 AAC S0.540(d) is amended to read:

(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 operation of the stationary source or emissions

increase from the modification will not cause or contribute to a violation of the ambient air

quality 

### standards [STANDARD] for carbon monoxide.

16, Register 

### 205, 

# 11ft! / 20 13 ENVIRONMENTAL CONSERVATION

18 AAC 50.540 is amended by adding a new subsection to read:

(l) One-hour nitrogen dioxide exemption. A permit applicant is not required to

demonstrate compliance with the one-hour nitrogen dioxide standard in 18 AAC 50.010(5)(B),

unless the department finds that the emissions have a reasonable likelihood of causing or

significantly contributing to ambient concentrations that exceed the one-hour nitrogen dioxide

standard, and makes a written request for a demonstration. (Eff. 10/1/2004, Register 171; am

12/1/2004, Register 172; am 12/3/2005, Register 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_/1/20/3, 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(c)(2) is amended to read:

(2) is considered to show compliance with the ambient air quality standard for an

air pollutant and averaging 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 standard for PM-2.5, 67 percent [2/3] of

the [EACH] ambient standard for PM-lO, or 80 percent of each ambient standard for

sulfur dioxide or nitrogen dioxide [OXIDES];

(B) for a modification, the predicted concentration resulting from the

17

# · Register 205 

# /lpn,l 2013 ENVIRONMENTAL CONSERVATION



### proposal [INCREASE] is less than the significant impact 

### level [LEVELS] in Table 5 of

18 AAC 50.215(d); [OR]

(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 ambient air concentration from the

previous analysis plus the highest predicted ambient air concentration resulting from the

increase is less than the concentration described 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 ambient air

concentration from the previous analysis. plus the previous background

concentration, plus the highest predicted ambient air concentration resulting from

the increase is less than the ambient air quality standard in 18 

### AAC 50.010.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am

12/9/2010, Register 196; am**~/}L120(3,** Register 

### 2 ( 

### 5)

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

### 40 C.F.R. Part 51 Appendix V 2.1

. (c)

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03.765

Alaska Statute 46.03.780

Alaska Statute 46.03.790

Alaska Statute AS 46.142009 Alaska State Statutes relating to Air Quality 1 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Article 01. ORGANIZATION

Sec. 44.46.010. Commissioner of environmental conservation.

The principal executive officer of the Department of Environmental Conservation is the

commissioner of environmental conservation.

Sec. 44.46.020. Duties of department.

(a) The Department of Environmental Conservation shall

(1) have primary responsibility for coordination and development of policies, programs, and planning related to the environment of th e state and of the various regions of the state;

(2) have primary responsibility for the adoption and enforcement of regulations setting standards for the prevention and abatement of all water, land, subsurface land, and air pollution,

and other sources o r potential sources of pollution of the environment, including by way of example only, petroleum and natural gas pipelines;

(3) promote and develop programs for the protection and control of the environment of the

state;

(4) take actions that are necessa ry and proper to further the policy declared in AS 46.03.010 ;

(5) adopt regulations for

(A) the prevention and control of public health nuisances;

(B) the regulation of sanitation and sanitary practices in the interest of public health;

(C) standards of cleanliness and sanitation in connection with the construction, operat ion, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commer cially compressed air sold for human respiration.

(b) The department's regulations for tattooing and permanent cosmetic coloring shops and for body piercing shops must include requirements that

(1) the shop be equipped with appropriate sterilizing equipm ent, with availability of hot and cold running water, and with an appropriate waste receptacle;2009 Alaska State Statutes relating to Air Quality 2 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client's most rece nt tattooing and permanent cosmetic coloring or body piercing;

(3) a practitioner in the shop may use only instruments for tattooing and permanent cosmetic coloring or body piercing that have been sterilized in accordance with methods approved by the department.

Sec. 44.46.025. Fees for services.

(a) Except as otherwise p rovided in AS 37.10.050

- 37.10.056, the Department of

Environmental Cons ervation may adopt regulations that prescribe reasonable fees, and establish procedures for the collection of those fees, to cover the applicable direct costs, not including travel except in the case of a designated regulatory service, as that term is defi ned in AS

37.10.058 , of inspections, permit preparation and administrati on, plan review and approval, and other services provided by the department relating to

(1) animals and animal products under AS 03.05; food, drugs, and cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35;

(2) certificates o f inspection for motor vehicles under AS 46.14.400 or 46.14.510;

(3) dri nking water systems under AS 46.03.720 ;

(4) water and wastewater operator training under AS 46.30;

(5) waste management and disposal authorizations under AS 46.03.100 ;

(6) certification of laboratories conducting environmental analyses of public drinking water systems or of oil or hazardous substances, or conducting other analyses required by the department;

(7) certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act);

(8) regulation of point source discharges of pollutants under the program authorized by AS

46.03.020 (12);

(9) regulation of pesticides and broadcast chemicals registered under AS 46.03.320 (a)(4), with a reasonable fee not to exceed $120;

(10) licensing of pesticide applicators under AS 46.03.320 (b), with a reasonable fee not to exceed $25.

(b) The department may no t charge a fee for a service that is provided by a municipality under a delegation by the department to the municipality.2009 Alaska State Statutes relating to Air Quality 3 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (c) The department may adopt regulations that prescribe reasonable fees to cover the direct and indirect costs of air quality permit programs under AS 46.14 and may establish procedures

for the collection of those fees.

(d) Notwithstanding (a) of this section, the department may not charge a fee for inspection, permit preparation and administration, plan review and approval, or other s ervices provided by the department under AS 03.05 or AS 44.46.020 (5) to a school. In this subsection, "school" means a public school or private school for children of school age, as defined in AS 14.03.070

, or a head start center that receives federal financial assistance under 42 U.S.C. 9835.

(e) In (a)(9) and (10) of this section, "reasonable fee" means a fee that does not unduly

interfere in t he conduct of commerce in the state.2009 Alaska State Statutes relating to Air Quality 4 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION

Chapter 46.03. ENVIRONMENTAL CONSERVATION

Article 01. DECLARATION OF POLICY

Sec. 46.03.010. Declaration of policy.

(a) It is the policy of the state to conserve, improve, and protect its natural resources and environment and control water, land, and air pollution, in order to enhance the health, safety, and welfare of the people of the state and their overall economic and social well

- being.

(b) It is the policy of the state to improve and coordinate the environmental plans, functions, powers, and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations, and concerned individuals, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

Article 02. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Sec. 46.03.020. Powers of the department.

The department may

(1) enter into contracts and compliance agreements necessary or convenient to carry out the functions, powers, and duties of the department;

(2) review and appraise programs and activities of state departments and agencies in light of the policy set out in AS 46.03.010 f or the purpose of determining the extent to which the programs and activities are contributing to the achievement of that policy and to make recommendations to the departments and agencies, including environmental guidelines;

(3) consult with and cooperat e with

(A) officials and representatives of any nonprofit corporation or organization in the state;

(B) persons, organizations, and groups, public and private, using, served by, interested in, or concerned with the environment of the state;

(4) appear and participate in proceedings before any state or federal regulatory agency involving or affecting the purposes of the department;

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the accomplishment of the purposes of the department; these activities may be carried out by the personnel of the department or in cooperation with public or private agencies, including educational, civic, and research organizations, colleges, universities, institutes, and foundations;2009 Alaska State Statutes relating to Air Quality 5 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (6) at reasonable times, enter and inspect with the consent of the owner or occupier any property or premises to investigate either actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with a regulation that may b e adopted under AS 46.03.020

- 46.03.040; information relating to secret processes or methods of manufacture discovered during investigation is confidential;

(7) conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books, and documents by the issuance of a subpoena;

( 8) advise and cooperate with municipal, regional, and other local agencies and officials in the state, to carry out the purposes of this chapter;

(9) act as the official agency of the state in all matters affecting the purposes of the department under fed eral laws now or hereafter enacted;

(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way of example and not limitation, regulations providing for

(A) control, prevention, and abatement of air, water, or land or su bsurface land pollution;

(B) safeguard standards for petroleum and natural gas pipeline construction, operation, modification, or alteration;

(C) protection of public water supplies by establishing minimum drinking water standards,

and standards for the construction, improvement, and maintenance of public water supply
systems;

(D) collection and disposal of sewage and industrial waste;

(E) collection and disposal of garbage, refuse, and other discarded solid materials from industrial, commercial, agricu ltural, and community activities or operations;

(F) control of pesticides;

(G) other purposes as may be required for the implementation of the policy declared in AS

46.03.010 ;

(H) handling, transportation, treatment, storage, and disposal of hazardous wastes;

(11) inspect the premises of sellers and suppliers of paint, ves sels, and marine and boating supplies, and take other actions necessary to enforce AS 46.03.715 ;

(12) notwithstanding any other provision of law, take all actions necessary to receive authorization from the administrator of the United States Environmental Protection Agency to

administer and enforce a National Pollutant Discha rge Elimination System program in2009 Alaska State Statutes relating to Air Quality 6 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 accordance with 33 U.S.C. 1342 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended;

(13) require the owner or operator of a facility to undertake monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).



## ...

Sec. 46.03.024. Consideration in adopting pollution regulations.

Notwithstanding another provision of law to the contrary, when adopting a regulation relating to the control, prevention, and abatement of air, water, or land or subsurface land pollution, the department shall give special attention to public comments concerning the cost of compliance with the regulation and to alternate practical methods of complying with the statute being interpreted or implemented by the regulation.



## ...

Sec. 46.03.760. Civil action for pollution; damages.

(a) A person who violates or causes or permits to be violated a provision of this chapter

other than AS 46.03.250

- 46.03.313, or a provision of AS 46.04 or AS 46.09, or a regulation, a

lawf ul order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter or AS 46.04 or AS 46.09 is liable, in a civil action, to the state for a sum to be assessed by the court o f not less than $500 nor more than $100,000 for the initial violation, nor more than $5,000 for each day after that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, which shall be determined by the court according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;

(2) reasonable costs incurred by the state in detection, investigation, and attempted correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for which a violation is charged.

(b) Except as determined by the court under (e)(4) of this section, actions under this section may not be used for punitive purposes, and sums assessed by the court must be compensatory

and remedial in nature.

(c) The court, upon motion of the department or upon its own motion, may defer assessment of all or part of that portion of the sum imposed upon a person under (a)(3) of this section2009 Alaska State Statutes relating to Air Quality 7 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 cond itioned upon the person complying, within the shortest feasible time, with the requirement

for which a violation is shown.

(d) In addition to liability under (a)

- (c) of this section, a person who violates or causes or permits to be violated a provision of AS 46.03.740

- 46.03.750 is liable to the state, in a civil

action bro ught under AS 46.03.822 , for the full amount of actual damages caused to the state by the violation, including

(1) direct and indirect costs associated with the abatement, containment, or removal of the pollutant;

(2) restoration of the environment to its former state;

(3) amounts paid as grants under AS 29.60.510

- 29.60.599 and as emergency first response

advances and reimbursements under AS 4 6.08.070(c); and

(4) all incidental administrative costs.

(e) A person who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.475, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance
issued under AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.47 5, AS 46.14, or under the program authorized by AS 46.03.020(12), is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $500 nor more than $100,000 for the initial violation, nor more than $10,000 for each day af ter that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court accord ing to the toxicity, degradability and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the court, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; for a violation of AS 46.03.463 , the court, in making its determination under this paragraph, shall also consider the volume of the graywater, sewage, or other

wastewater disch arged; this paragraph may not be construed to limit the right of parties other than the state to recover for personal injuries or damage to their property;

(2) reasonable costs incurred by the state in detection, investigation, and attempted

correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for which a violation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.2009 Alaska State Statutes relating to Air Quality 8 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (f) An owner, agent, employee, or operator of a commercial passenger vessel, as defined in

AS 43.52.295 , who falsifies a registration or report required by AS 46.03.460 or 46.03.475 or who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.314,

46.03.460

- 46.03.490, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or t erm or condition of a permit, approval, or acceptance issued under

AS 46. 03.250

- 46.03.314, 46.03.460

- 46.03.490, or AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $5,000 nor more than $100,000 for the initial violation, nor more than $10,000 for each day after that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court according to

th e toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the cou rt, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; this paragraph may not be construed to limit the right of parties other than the state to recover for personal i njuries or damage to their property;

(2) reasonable costs incurred by the state in detection, investigation, and attempted correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for

which a viol ation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.

(g) As used in this section, "economic savings" means that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of facilities necessary to effect compliance with the standard violated.

Sec. 46.03.761. Administrative penalties.

(a) The department may assess an administrative penalty against an entity that violates or causes or permits to be violated a provision of AS 46.03.720 (b) or a term or condition of a

r egulation, order, permit, approval, or certificate of the department issued or adopted under AS

46.03.720 (b).

(b) Before assessing an administrative penalty under this section, the department shall

(1) communicate about the alleged noncompliance with the entity and the governing body of the community or municipality whose re sidents are served by the public water system; communication under this paragraph must be in language designed to be easily understood by the entity and governing body and must clearly describe the nature of the alleged noncompliance;2009 Alaska State Statutes relating to Air Quality 9 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) offer technical assistance to aid in correcting the alleged noncompliance when the department has reason to believe that the entity may lack the resources or expertise to get technical assistance from other sources; and

(3) unless the alleged noncompliance poses an immed iate threat to the public health, give the entity a reasonable amount of time to correct the alleged noncompliance after the department has complied with (1) and (2) of this subsection.

(c) If, after complying with (b) of this section, the department dete rmines that noncompliance still exists and the violation is subject to a penalty under this section, the department may make a preliminary determination to assess the penalty. The department shall provide notice to the entity of its preliminary determinati on. The entity may, within 10 days after receiving the notice, request the department to reconsider its decision. If a timely request for reconsideration is made, the department shall reconsider its preliminary determination and may affirm or modify the de termination. The department shall notify the entity of the decision. If a timely request for reconsideration is not received or if, after reconsideration, the department determines that a penalty should be assessed, the department may assess the penalty. T he department shall provide notice of the assessment and instructions for contesting and appealing the assessment to the entity by personal service or by certified mail, return receipt requested. The notice must inform the entity of the amount of the propo sed penalty and that the entity has 45 days within which to file a notice with the department contesting the proposed penalty. If, within 45 days after receiving the notification issued by the department, the entity fails to file a notice contesting the pr oposed penalty, the proposed penalty is considered a final order. The department may extend the time periods specified in this subsection for good cause.

(d) If an entity sends notice to the department contesting a proposed penalty under (c) of this

secti on, the department shall afford an opportunity for a hearing in accordance with its adjudicatory hearing procedures. After an opportunity for a hearing, the department shall issue an order, based upon findings of fact, affirming, modifying, or rescinding t he administrative penalty. The order must include notice that the entity may appeal the order to the superior court and the address of the appropriate superior court. The order is the final agency action on the penalty.

(e) An entity against whom an admin istrative penalty is assessed under this section may obtain judicial review of the administrative penalty by filing a notice of appeal in the superior court as provided by the Alaska Rules of Appellate Procedure. An order of the department under (d) of thi s section becomes final and is not subject to review by a court if a notice of appeal is not filed with the superior court within the period provided for by the Alaska Rules of Appellate

Procedure.

(f) Unless the notice of appeal is incomplete or otherwise not in conformance with court rules, a notice of appeal under (e) of this section is considered to be filed with the superior court on the day the entity delivers the appropriate documents and fee to the appropriate superior court. Determining wh ether the notice of appeal is complete and otherwise in conformance with court rules is the responsibility of the superior court.2009 Alaska State Statutes relating to Air Quality 10 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (g) An administrative penalty assessed under this section may not exceed (1) $1,000 a day

for each violation if the affected public water supply system serves a population of more than 10,000 persons; (2) $250 a day for each violation if the affected public water supply system serves a population of 10,000 or fewer persons but more than 1,000 persons; and (3) $100 a day

for each violation if the public water supply system serves 1,000 or fewer persons. Each provision, term, or condition violated is a separate and distinct violation. If a violation of a provision, term, or condition continues from day to day, each day is a separat e violation.

(h) In determining the amount of a penalty assessed under this section, the department shall

consider

(1) the effect of the violation on the public health or the environment;

(2) reasonable costs incurred by the state in the detection, inve stigation, and attempted correction of the violation;

(3) the economic savings realized by the entity by not complying with the requirement for which a violation is charged;

(4) any previous history of compliance or noncompliance by the entity with this chapter, AS 46.04, AS 46.09, and AS 46.14;

(5) the need to deter future violations;

(6) the extent and seriousness of the violation, including the potential for the violation to threaten public health or the environment;

(7) whether the entity achieved compliance with the requirement violated within the shortest feasible time; and

(8) other factors considered relevant to the assessment that are adopted by the department in regulation.

(i) If an entity fails to pay an administrative penalty assessed und er this section after the penalty becomes final, the department may bring an action to collect the penalty. The amount of the penalty is not subject to review by the court in such an action.

(j) In a collection action under (i) of this section, the court shall award the prevailing party full reasonable attorney fees and costs incurred in the collection action.

(k) Action under this section by the department does not limit or otherwise affect the authority of the department to otherwise enforce this chapter, AS 46.04, AS 46.08, AS 46.09, AS 46.14, or regulations adopted under those statutes, or to recover damages , restoration expenses, investigation costs, court costs, attorney fees, or other necessary expenses. The court shall set off against a judicial civil assessment subsequently awarded under AS 46.03.760 an amount ordered to be paid under this section by the same entity for the same violation.2009 Alaska State Statutes relating to Air Quality 11 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (l) In this section, "entity" means the owner or operator of a public water system.



## ...

Sec. 46.03.765. Injunctions.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approv al, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent th reat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of complianc e within a reasonable period of time.



## ...

Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46 .14, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the death of fish, animals, or vegetation or otherwise in jures or degrades the environment of the state is liable to the state for damages.

(b) Liability for damages under (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degra ded resource, or to otherwise restore the environment of the state to its condition before the injury.

(c) Damages under (a) of this section shall be recovered by the attorney general on behalf of

the state.

Sec. 46.03.790. Criminal penalties.

(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence

(1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approv al, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14;

(2) fails to provide information or provides false information required by AS 46.03.465

, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation adopted by the department

under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;2009 Alaska State Statutes relating to Air Quality 12 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS

46.03.250

- 46.03.313 applicable to hazardous wastes or a regulation adopted by the department

under AS 46.03.250

- 46.03.313;

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS

46.03.460

- 46.03.475, AS 46.14, or a regulation adopted under AS 46.03.020 (12), 46.03.460, or AS 46.14; or

(5) renders inaccurate a monitoring device or method required to be maintained under AS 46.14, a regulation adopted under AS 46.03.020 (12) or AS 46.14, a permit issued by the department or a local air quality control program under AS 46.14, or a permit issued by the department under the program authorized by AS 46.03.020 (12).

(b) [Repealed, Sec. 5 ch 141 SLA 1990].

(c) Each day on which a violation described in this section occurs is considered a separate

violation.

(d) Notwithstanding (a) of this section, a person who with criminal negligence discharges oil

in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04. 030 , with criminal negligence fails to comply with the plan is guilty of

(1) a class C felony if the oil discharge is 10,000 barrels or more;

(2) a class A misdemeanor if the oil discharge is less than 10,000 barrels.

(e) [Repealed, Sec. 5 ch 141 SLA 1 990].

(f) [Repealed, Sec. 5 ch 141 SLA 1990].

(g) Notwithstanding AS 12.55.035 (b), upon conviction of a violation of a regulation adopted under AS 46.03.020 (12) or of a violation related to AS 46.14 and described in (a) of this section, a defendant who is not an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation.

(h) Notwithstanding (a) and (d) of this section, a person is guilty of a class A misdemeanor if the person negligently

(1) violates a regulation adopted by the department under AS 46.03.020(12);

(2) violates a permit issued under the program authorized by AS 46.03.020(12);2009 Alaska State Statutes relating to Air Quality 13 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) fails to provide information or provides false information required by a regulation adopted under AS 46.03.020 (12);

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with a permit issued under or a reg ulation adopted under AS 46.03.020 (12); or

(5) renders inaccurate a mon itoring device or method required to be maintained by a permit issued under or a regulation adopted under AS 46.03.020(12).

(i) In this section,

(1) "barrel" has the meaning given in AS 46.04.900 ;

(2) "criminal negligence" has the meaning given in AS 11.81.900

.



## ...

Sec. 46.03.850. Compliance order.

(a) When, in the opinion of t he department, a person is violating or is about to violate a provision of this chapter, AS 46.04, or AS 46.14, or a regulation or lawful order of the department, or a permit or certificate, or a term or condition of a permit or certificate issued by

the d epartment under this chapter, AS 46.04, AS 46.14, the department may notify the person of its determination by personal service or certified mail. The determination and notice do not

constitute an order under AS 46.03.820

.

(b) The recipient of the determination shall file with the department, within the time period specified in the notice, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice.

(c) After the report is filed under (b) of this section or the time period specified for it has elapsed, the department may issue a compliance order in conformity with the authority of the department and the public policy declared in AS 46.03.010 . A copy of the compliance order shall be served personally or sent by certified mail to the person affected. A compliance order is effective upon receipt.

(d) Within 30 days after receipt the recipient may request a hearing to review the compliance order. Failure to request a hearing within 30 days after the receipt of a compliance order constitutes a waiver of the recipient's right of review.

(e) The department shall h old a hearing within 20 days after receipt of a request for one under (d) of this section. After the hearing the department may rescind, modify, or affirm the compliance order.

(f) The attorney general shall seek enforcement of a compliance order.2009 Alaska State Statutes relating to Air Quality 14 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Article 10. GENERAL PROVISIONS

Sec. 46.03.860. Inspection warrant.

The department may seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with AS

46.14 or this chapter or a regulation adopted under AS 46.14 or this chapter.



## ...

Sec. 46.03.875. Remedies cumulative.

All remedies provided by this chapter, AS 46.04, or AS 46.14 are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter, AS 46.04, or AS 46.14 does not stop the state from obtaining relief under any other section of this chapter, AS 46.04, or AS 46.14.

Sec. 46.03.880. Applicability of the Administrative Procedure Act.

(a) Except as otherwise specif ically provided in this chapter, AS 44.62 (Administrative Procedure Act) governs the activities and the proceedings of the department.

(b) Notwithstanding AS 44.62.330 (a)(28), adjudicatory hearing procedures to review permit decisions under this chapter need not conform to AS 44.62.330

- 44.62.630 (Administrative Procedure Act).

Sec. 46.03.890. Enforcement authority.

(a) The following persons are authorized to enforce this chapter:

(1) a state employee authorized by the commissioner;

(2) a police officer of the state.

(b) Inspection and enforcement employees of the department designated by the commissioner are peace officers in the performance of their duties under this chapter, AS 46.04, AS 46.09, and AS 46.14.

Sec. 46.03.900. Definitions.

In this chapter,

(1) "air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances or a combination of these;2009 Alaska State Statutes relating to Air Quality 15 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) "air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities and duration that tend to be injurious to human health or welfare, animal or plant life or property or would unreasonably interfere with the enjo yment of life or
property;

(3) "broadcast chemicals" means chemical substances which are released into the air or onto land or water for the purpose of preventing, destroying, repelling, stimulating, or retarding plant or animal life, or chemical substanc es released for meteorological control, oil spill control, or fire control;

(4) "commissioner" means the commissioner of environmental conservation;

(5) "compliance agreement" means a mutual understanding and voluntary, enforceable
agreement on a course of action for a specific set of circumstances entered into by the department and a person to control, prevent, or abate air, water, land, or subsurface land pollution;

(6) "department" means the Department of Environmental Conservation;

(7) "dispose" has the meaning given "disposal" in 42 U.S.C. 6903(3);

(8) "facility" means any offshore or onshore structure, improvement, vessel, vehicle, land, enterprise, or endeavor;

(9) "hazardous waste" means a waste or combination of wastes that because of quantity

, concentration, or physical, chemical, or infectious characteristics may

(A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(B) pose a substantial present or potential hazard to human health or the environment when improperly managed, treated, stored, transported, or disposed of;

(10) "hazardous waste reduction" means decreasing, avoiding, or eliminating wastes that are

hazardous to human health or the envi ronment through source reduction or recycling; the term does not include hazardous waste treatment or hazardous waste disposal;

(11) "industrial waste" means a liquid, gaseous, solid, or other waste substance or a combination of them resulting from proces s of industry, manufacturing trade or business, or from the development of natural resources; however, gravel, sand, mud, or earth taken from its original situs and put through sluice boxes, dredges, or other devices for the washing and recovery of the pre cious metal contained in them and redeposited in the same watershed from which it came is not industrial waste;

(12) "low level radioactive materials" means a radioactive waste other than2009 Alaska State Statutes relating to Air Quality 16 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (A) used nuclear reactor fuel;

(B) waste produced during the repr ocessing of used nuclear reactor fuel; and

(C) elements having an atomic number greater than 92 and containing 10 or more nanocuries per gram;

(13) "manifest" means the form used for identifying the quantity, composition, origin, routing, and destination of a hazardous waste when the hazardous waste is transported;

(14) "mining waste" means solid waste from the extraction, beneficiation, and processing of ores and minerals, including coal, and including phosphate rock and overburden from the mining

of ur anium ore;

(15) "motor vehicle" has the meaning given in AS 28.90.990 ;

(16) "municipal solid waste" means waste material

(A) generated by a household, including a single

- family or multi

- family residence, and collected and disposed of as part of municipal solid waste collection services; or

(B) generated by a commercial, in dustrial, or institutional entity, to the extent that the waste

material

(i) is essentially the same as waste normally generated by a household;

(ii) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste co llection services; and

(iii) contains a relative quantity of hazardous substances not greater than the relative quantity of hazardous substances contained in waste material generated by a typical single

family household;

(17) "other wastes" means garbage , refuse, decayed wood, sawdust, shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other substances not sewage or industrial

waste which ma y cause or tend to cause pollution of the waters of the state;

(18) "person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any

oth er entity whatsoever;

(19) "pesticide" means any chemical or biological agent intended for preventing, destroying, repelling, or mitigating plant or animal life and any substance intended for use as a plant regulator, defoliant or desiccant, including but not limited to insecticides, fungicides, rodenticides, herbicides, nematocides, and biocides;2009 Alaska State Statutes relating to Air Quality 17 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (20) "pollution" means the contamination or altering of waters, land, or subsurface land of the state in a manner which creates a nuisance or makes waters, land , or subsurface land unclean, or noxious, or impure, or unfit so that they are actually or potentially harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life;

(21) "resource recovery" means the recovery of materials or energy from solid wastes for industrial use, agriculture, heat production, power production, or other processes or purposes and

includes the reuse of materials or products to conserve natural resources;

(22) "restricted

- use pesticides" means pesticides that are classified for restricted use under 7 U.S.C. 136a(d)(1)(C) (sec. 3(d)(1)(C), Federal Insecticide, Fungicide, and Rodenticide Act), as amended;

(23) "service" means a function performed or service provided by the state or by a municipality under a duty or power authorized by AS 29 or other provision of law authorizing a municipality to perform functions or provide services, or a comparable functi on performed or service provided by a village; "service" includes functions not previously performed and services not previously provided;

(24) "sewage" means the water

- carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with ground water infiltration and surface water as may be present; the admixture with sewage of industrial wastes or other wastes is "sewage";

(25) "sewer system" or "sewerage system" means pipelines or conduits, pumping station s, and force mains, and all other appurtenant constructions, devices, and appliances used for conducting sewage, industrial waste, or other wastes to a point of ultimate disposal;

(26) "solid waste" means garbage, refuse, abandoned, or other discarded sol id or semi

- solid material, regardless of whether subject to decomposition, originating from any source;

(27) "solid waste disposal facility" means a facility for the discharge, deposit, injection, consolidation, or placement of solid waste into or onto th e land and includes transfer stations and sanitary landfills;

(28) "solid waste processing facility" means a facility for the extraction of materials from solid waste, volume reduction, conversion to energy, or other separation and preparation of solid

wa ste for reuse or disposal and includes incinerators, shredders, balers, and transfer stations;

(29) "standard" means the measure of purity or quality for air, water, and land in relation to their reasonable and necessary use as established by the departme nt;

(30) "storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste;2009 Alaska State Statutes relating to Air Quality 18 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (31) "subdivision" has the meaning given in AS 40.15.900 ;

(32) "treat" has the meaning given "treatment" in 42 U.S.C. 6903(34);

(33) "treatment works" means a plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills, or other works installed for the purpose of treating, neutralizing, stabilizing, or disposing of sewage, industrial waste, or other wastes;

(34) "village" means a place within the unorganized borough or within a borough as to a power, function, or service that is not exercised or provided by the bo rough on an areawide or

nonareawide basis that

(A) has irrevocably waived, in a form approved by the Department of Law, any claim of sovereign immunity that might arise under this chapter; and

(B) has

(i) a council organized under 25 U.S.C. 476 (sec. 16 of the Indian Reorganization Act);

(ii) a traditional village council recognized by the United States as eligible for federal aid to Indians; or

(iii) a council recognized by the commissioner of commerce, community, and economic development under regula tions adopted by the Department of Commerce, Community, and Economic Development to determine and give official recognition of village entities under AS 44.33.755(b);

(35) "waste associated with the exploration, development, or production of crude oil, na tural gas, or geothermal energy" means (A) waste, including drilling muds, cuttings, hydrocarbons, brine, acid, sand, and emulsions or mixtures of fluids produced from and unique to the operation or maintenance of a well, whether naturally occurring or add ed for the operation or productivity of the well; and (B) waste that is derived intrinsically from primary field operations; "waste associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy" does not includ e spent solvents and oils from equipment maintenance activities, discarded chemical products, or fuels;

(36) "waste derived intrinsically from primary field operations" means waste produced from a well, and removed

(A) at the drill site; or

(B) at crude oil production facilities by crude oil or wastewater treatment process before custody transfer of the crude oil;2009 Alaska State Statutes relating to Air Quality 19 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (37) "waters" includes lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets , straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea, and Arctic Ocean, in the territorial limits of the state, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal,

fresh o r salt, which are wholly or partially in or bordering the state or under the jurisdiction of

the state.2009 Alaska State Statutes relating to Air Quality 20 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 46.14. AIR QUALITY CONTROL

Article 01. GENERAL REGULATIONS AND CLASSIFICATIONS

Sec. 46.14.010. Emission control regulations.

(a) After public hearing, the department may adopt regulations under this chapter establishing ambient air quality standards, emission standards, or exemptions to implement a state air quality control program required under 42 U.S.C. 7401

- 7671q (Clean Air Act), as

amend ed, and regulations adopted under those sections. The standards established under this section may be for the state as a whole or may vary in recognition of local conditions.

(b) Unless the governor has determined that an emergency exists that requires em ergency regulations under AS 44.62.250 , the department may adopt the fol lowing types of regulations only after the procedures established in (a), (c), and (d) of this section and compliance with AS

46.14.015:

(1) a regulation that establishes an ambient air quality standard for an air pollutant for which there is no correspon ding federal standard;

(2) a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard;

(3) a regulation that establishes an equivalent emission limitation for a hazardou s air pollutant for which the federal administrator has not adopted a corresponding maximum achievable control technology standard; or

(4) a regulation that regulates emissions from an emissions unit or stationary source or

establishes an emission standar d under the authority of AS 46.14.120 (e) or 46.14.130(c)(2).

(c) In pre paration for peer review under AS 46.14.015 and before adopting a regulat ion described under (b) of this section, the department shall

(1) find in writing that exposure profiles and either meteorological conditions or emissions unit characteristics in the state or in an area of the state reasonably require the ambient air quality standard, or emission standard to protect human health and welfare or the environment; this paragraph does not apply to a regulation under (b)(3) of this section;

(2) find in writing that the proposed standard or emission limitation is technologic ally feasible; and

(3) prepare a written analysis of the economic feasibility of the proposal.

(d) Before adopting a regulation described in (b)(2) of this section, the department shall find in writing that exposure profiles and either meteorological con ditions or emissions unit characteristics are significantly different in the state or in an area of the state from those upon which the corresponding federal regulation is based.2009 Alaska State Statutes relating to Air Quality 21 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (e) When incorporated into more than one permit, emission standards and limi tations, emissions monitoring and reporting requirements, and compliance verification requirements that are generally applicable statewide or are generally applicable to individual emissions unit or stationary source types shall be adopted in regulation un less they have been requested by the owner and operator to whom the permit is issued. The department shall, by regulation, adopt a standard, limitation, or requirement described in this subsection as soon as its general applicability is reasonably foreseea ble.

(f) An emission standard adopted by the department may be applicable to individual emissions units within a stationary source or to all emissions units within a stationary source. For purposes of determining compliance with applicable regulations and with permit limitations, the department may allow numerical averaging of the emissions of each air pollutant from several emissions units within a stationary source if

(1) requested by the owner and operator; and

(2) allowed under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and regulations adopted under those sections.

Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public

at locations throughout the state that the department considers appropriate.

(b) Before the department adopts a regulation described in AS 46.14.010(b), the department shall submit the findings described under (a) of this section, the studies on which the fi ndings are based, and other related data for peer review to a minimum of three separate parties who are not employees of the department and who are determined by the commissioner to be technically qualified in the subject matter under review. The commissio ner shall ensure that the peer review includes an analysis of the factors considered by the commissioner to support the standards proposed to be adopted and recommendations, if any, for additional research or investigation considered appropriate. Peer revi ew reports shall be submitted to the commissioner within 45 days after the department submits a matter for peer review unless the commissioner determines that additional time is required.

(c) The department shall make available to the public at least 30 d ays before the public hearing required under AS 46.14.010 (a), at conveni ent locations, copies of the department's proposed regulation, the findings of the department describing the basis for adoption of the regulation, and the peer review reports, submitted under (b) of this section.

(d) The department shall contract with per sons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals under

AS 36.30.200

- 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform p eer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of the proposed regulation. An interest is2009 Alaska State Statutes relating to Air Quality 22 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 not considered significant under this subsection if it is an interest posse ssed generally by the public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conjectural.

Sec. 46.14.020. Classification of stationary sources or emissions units; reporting.

(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quali ty. The department may make a classification under this subsection applicable to the state as a whole or to a designated area of the state. The department shall base the classifications on consideration of health, economic, and social factors, sensitivity of the receiving environment, and physical effects on property.

(b) The department or a local air quality control program authorized under AS 46.14.400 may require an owner and operator of a stationary source or emissions unit classified under this section to report information to the department or the authorized local program concerning location, size, and height of stacks or area emissions units, processes employed, fuels used, the nature and time periods or duration of emissions, and other information relevant to air quality that is available or reasonably capable of being c alculated and compiled.

Sec. 46.14.030. State air quality plan.

The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement the state plan.

Article 02. EMISSION CONTROL PERMIT PROGRAM

Sec. 46.14.110. Additional contaminant control measures. [Repealed, Sec. 28 ch 74 SLA 1993].

Repealed or Renumbered

Sec. 46.14.120. Permits for construct ion, installation, modification, or operation.

(a) Before constructing, installing, modifying, or establishing a stationary source subject to

AS 46.14.130 (a), the owner and operator shall obtain a construction permit under this chapter.

(b) Except when considered to be in compliance with this chapter under AS 46.14.275 or under a regulation adopted under AS 46.14.140(a)(12), the owner and operato r shall obtain an operating permit under this chapter before operating a stationary source subject to AS 46.14.130 (b).

(c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order issued by the department under this chapter or a court order. A person2009 Alaska State Statutes relating to Air Quality 23 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 operating under the application sh ield available under AS 46.14.140 (a)(12) and 46.14.275, shall comply wit h the terms and conditions of the pending application and applicable regulations.

(d) The department shall ensure that permits issued, modified, amended, renewed, or revoked and reissued under this chapter comply with all applicable federal, state, and lo cal requirements.

(e) If the federal administrator exempts a stationary source from the requirements of 42 U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used by the administrator in reaching that determination a nd, by regulation, shall issue a similar determination unless public health or air quality effects provide a reasonable basis to regulate the stationary source.

(f) The department may exempt or defer a stationary source from the requirement of AS

46.14.130 (b) to the extent allowed under 40 C.F.R. 70.3(b).

(g) Before construc ting, installing, modifying, operating, or establishing a stationary source subject to AS 46.14.130 (c), the owner or operator shall obtain a minor permit under this chapter.

Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following:

(1) a new major stationary source;

(2) a major modification;

(3) a project subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act, sec. 112(i)).

(b) Except for the owner and operator of a stationary source exempted under AS 46.14.120 (e) or (f ), the owner and operator of a stationary source shall obtain an operating permit from the department for

(1) a major source;

(2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or

(3) another stationary source designated by the federal administrator by regulation.

(c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or2009 Alaska State Statutes relating to Air Quality 24 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46. 14.020

(1) as having the potential to violate the ambient air quality standards; or

(2) under a finding by the department that public health or air quality effects provide a reasonable basis to regulate the stationary source.

(d) In this section, "majo r source" has the meaning given in 42 U.S.C. 7661(2).

Sec. 46.14.140. Emission control permit program regulations.

(a) The department shall adopt regulations to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do not affect the public or govern the way the department deals with the public. The regulations must be

reasonable and adequate, and provide flexibility in the operation of a stationary source consistent

with 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and applicable federal regulations. Except for regulations concerning minor permits required under AS 46.14.130 (c), the regulations must include

(1) a standard permit application form that meets the requirements of federal regulations adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b));

(2) monitoring, record keeping, and reporting requirements for facilities that are subject to

AS 46.14.130 (b), which must comply with the requirements established for state operating permit programs in 40 C.F.R. 7 0.6, but which may be modified to take into account this state's unique conditions;

(3) procedures for preparation and submission of a monitoring, reporting, and quality assurance plan and, if required, a compliance schedule describing how a permitted sta tionary source will comply with the applicable requirements of this chapter;

(4) procedures for

(A) specifying when permit applications and renewal requests are to be submitted;

(B) specifying the time duration for department review of permit applicatio ns;

(C) processing and reviewing an application;

(D) providing public notice, including opportunity for public comment and hearing; and

(E) issuing permits, including procedures for issuing permits for temporary operations or open burn activities;2009 Alaska State Statutes relating to Air Quality 25 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) reasonable standard permit conditions, including conditions for

(A) emission standards and limitations;

(B) monitoring, record keeping, and reporting for facilities subject to AS 46.14.130 ;

(C) inspection and entry;

(D) certification of corporate or other business organization reports;

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

(7) provisions addressing late payment or nonpayment of fees, which may inclu de assessment of penalties and interest or refusal to issue, amend, modify, or renew an air quality control permit;

(8) the duration of permits;

(9) procedures for modifying or amending a permit that provide flexibility in the operation of the stationary source, including procedures to allow changes to a permitted stationary source without requiring a permit modification, consistent with the purposes of this chapter and with 42

U.S.C. 7401

- 7671q (Clean Air Act);

(10) reasonable provisions for renewing, reopening, revoking and reissuing, and terminating a permit consistent with the purposes of this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act);

(11) provisions allowing for physical or operational limitations that will reduce a stationary

source's e missions to levels below those that would make the stationary source subject to part or

all of AS 46.14.120 and 46.14.130;

(12) provisions authorizing stationary source operation while a permit application is pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 503(d));

(13) provisions for ensuring that compliance with an operating permit issued under this chapter will be considered to be compliance with 42 U.S.C. 7661a (Clean Air Act, sec. 502) and other provisions of state or federal law specifically provided for by the department consistent

with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under state and federal law;2009 Alaska State Statutes relating to Air Quality 26 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) provisions allowing for certification of inspectors who evaluate compliance with the terms and conditions of a permit, order, regulation, or other provision of law authorized under this chapter; and

(15) definitions of terms incorporating applicable definitions in 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and applicable federal regulations, to the extent that those definitions are not inconsistent with this chapter.

(b) A permit issued under this chapter may not require a person to use

(1) machinery, devices, or equipment of a particular type, from a particular supplier, or produced by a particular manufacturer; or

(2) specific methods, processes, procedures, or d esigns for the management and operation of a stationary source regulated under this chapter except to the extent that the federal administrator

has

(A) adopted a design, equipment work practice, or operational standard under 42 U.S.C. 7412(h), as amended, for the control of a hazardous air pollutant; or

(B) approved an alternative hazardous air pollutant standard under 42 U.S.C. 7412(h)(3), as

amended.

(c) The absence of, or the department's failure to adopt, a regulation under this section does

not reli eve a person from compliance with a permit issued under this chapter and with other provisions of law, including emission control requirements.

Sec. 46.14.150. Time for submission of operating permit applications.

(a) The owner and operator of a stationar y source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source becomes subject to AS 46.14.120 (b).

(b) The department may accept and begin processing appl ications filed earlier than the submission date. Applications filed earlier may be given priority for permit issuance.

Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for completen ess. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provided by the department under AS 46.14.140 (a)(1) and must be certified true and correct by the owner and operator.2009 Alaska State Statutes relating to Air Quality 27 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) The department shall notify the applicant in writing whether the application is complete.

Unless the department notifies the applicant within 60 days of receipt of an application that the application is incomplete, the application is considered to be complete.

(c) If, during the processing of an application after it has been determined or considered to be complete, the department finds that additional information is necessary to evaluate or take action on that application, the information may be requested in writing from the owner and operator. A request for information under this subsection does not render the application incomplete. However, notwithstanding AS 46.14.275, an owner and operator may be found in violation of this chapter for operating without a valid permit if they fail to provide timely

additional information.

Sec. 46.14.170. Administra tive actions regarding permits.

(a) Except as provided in AS 46.14.220 o r in regulations adopted under AS 46.14.140 (a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny

(1) a construction permit within 30 days after the close of the public comment period;

(2) an operating permit, other than a general operating permit or temporary operating permit, within 12 months after receipt of the complete application by the department.

(b) [Repealed, Sec. 82 ch 41 SLA 2009].

(c) Failure by the department to act within the time limits established in or under (a ) or (d) of this section is considered to be a final agency action, but only for the purpose of judicial review to determine whether the court will require that action be taken by the department.

(d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 days after the close of the public comment period or within 30 days after receipt of the complete application by the department if a public comment period is not required under this chapter.

Sec. 46.14.180. Monitoring.

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstrating compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, analytical procedures, and statistical conventions approved by the federal administrator or the department or otherwise generally accepted as scientifically competent. Unless otherwise agreed to by the owner and operator and the department,

(1) the department may not require an owner and operator of an emissions unit to monitor emissions or ambient air quality solely for the purpose of scientific investigation or research; and2009 Alaska State Statutes relating to Air Quality 28 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) monitoring activities must be consistent with the applicable emis sion standards and their permit or permit application requirements.

Sec. 46.14.190. Single permit.

(a) Except as provided in (b) of this section, the department shall issue only a single operating permit to a stationary source, regardless of whether the s tationary source contains a single emissions unit or multiple emissions units.

(b) The department may, upon request of a stationary source owner or operator, issue more than one permit for the stationary source. Substantive and procedural requirements oth erwise applicable to a stationary source remain applicable regardless of whether the stationary source owner and operator apply for one or more permits.

Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected int erest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may request an adjudicatory hearing under t he department's adjudicatory hearing procedures. After the issuance of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General oper ating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be similar in emissions unit structure. A general operating permit must contain provisions that meet the requirements of this chapter that are applicable to operating permits. A general operating permit issued to a particula r person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the general permit is not applicable to the person's stationary source.

Sec. 46.14.211. General minor permits.

After notice a nd opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than one stationary source determined by the department to be similar in structure. If authorized by the department, a permi t issued under this section may be valid for multiple locations in this state. A general minor permit must contain provisions that meet the requirements of this chapter that are applicable to a minor permit.

Sec. 46.14.215. Temporary operations.

For purpos es of AS 46.14.130 (b), the department may issue a single operating permi t under AS

46.14.170 , authorizing a stationary source to operate at spec ific multiple locations in the state2009 Alaska State Statutes relating to Air Quality 29 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 for temporary periods of time. A permit described in this section is valid only for the specific locations identified in the application and authorized by the department. The department may not issue a permit under this section unless the permit contains conditions that will ensure compliance with this chapter at each authorized location, including compliance with ambient air quality standards and applicable increment or visibility requirements adopted under this chapter

. A permit under this section must require the owner and operator to notify the department at least 10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An operati ng permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during t he 45

- day period, the federal administrator files an objection with the department, the department shall notify the applicant of the objection. The department may not issue the permit until the objection is resolved or the permit is revised to meet the obj ection of the federal administrator. Upon request of an applicant, the department shall assist the applicant in an effort to resolve promptly an objection by the federal administrator.

(b) Within 60 days after the close of the 45

- day period under (a) of t his section and in accordance with procedures established in federal regulations adopted under 42 U.S.C. 7661d(b)(2) (Clean Air Act, sec. 505(b)(2)), a person may petition the federal administrator to file an objection to the permit.

Sec. 46.14.230. Durati on of operating permits.

(a) An operating permit under this chapter, including an operating permit that contains a compliance schedule, shall be issued for a fixed term of five years after the date of issue, except as provided for temporary operations und er AS 46.14.215 or unless a shorter term is requested by the permit appli cant.

(b) If a timely and complete application for renewal of an operating permit is submitted to the department, the existing permit issued under this chapter does not expire until the renewal permit has been issued or denied.

Sec. 46.14.235. Federal ter mination, modification, or revocation and reissuance of permits.

The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the depa rtment under this chapter.

Sec. 46.14.240. Permit administration fees.

(a) The owner or operator of a stationary source who is required to apply for a permit under

AS 46.14.130 shall pay to the department all assessed permit administration fees established2009 Alaska State Statutes relating to Air Quality 30 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 under (b) of this section except that the person named in a permit issu ed under AS 46.14.170 shall pay assessed permit administration fees incurred after the date the permit is issued.

(b) The department shall establish by regulation permit administration fees in accordance

with AS 37.10.050

- 37.10.058.

(c) [Repealed, Sec. 60(b), 65 ch 46 SLA 2003].

(d) Costs incurred by the department and other state or local governmental agencies that are assessed against small business facilities that qualify for assistance under AS 46.14.300

- 46.14.310 shall be recovered from emission fees under AS 46.14.250 (h)(2) for the following

services:

(1) providing preapplication consultation, assistance, and completeness review of applications for a permit, an amendment, a permit modification, or a renewal of a permit;

(2) reviewing or assisting in the preparation of specific documents to support a permit for a stationary source ; the documents described in this paragraph include on

- site evaluations.

Sec. 46.14.250. Emission fees.

(a) A person named as permittee in a permit issued under this chapter shall pay to the department all assessed emission fees established under this sec tion.

(b) The department shall establish by regulation an emission fee rate. The rate shall be set on the basis of dollars per ton of air pollutant emitted. The department shall assess emission fees annually on or before July 1 based on a stationary sourc e's estimated assessable emissions for the subsequent fiscal year. The department may allow installment payments of assessed emission

fees.

(c) For a stationary source that begins operation during a fiscal year, the department shall prorate the first year 's fee to cover the time period occurring before the next annual payment date. The owner or operator shall pay the initial emission fee upon commencement of lawful stationary source operation unless authorized to pay by installments under (b) of this secti on. The first year's emission fee may not duplicate a fee paid by a permittee under AS 44.46.025 for the same emissions units for the same time period. If the fees would otherwise be duplicative, the department shall provide a credit toward the emission fee in the amount of the unused balance of

the fee collected under AS 44.46.025 . The unused balance to be credited shall be based on prorating the total original fee under AS 44.46.025 for the time period for which an em ission fee applies.

(d) The department shall design the emission fee rate to distribute the total annual incurred costs described under (h) of this section in a manner so that each permittee is assessed an annual emission fee that reflects an equitable ap portionment of the fees paid by each stationary source type, size, or category. In making an apportionment under (f)(6) of this section, the department shall consider factors such as exemptions or reduced rates for small amounts of emissions, limits2009 Alaska State Statutes relating to Air Quality 31 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 upon a ssessable emissions, exempting small business facilities from the costs of the small business assistance program established under AS 46.14.300 , air pollution prevention efforts, and other factors that may ensure fair distribution of the costs described under (h) of this section.

(e) [Repealed, Sec. 88 ch 56 SLA 2005].

(f) The department shall set the emission fee rate in regulation to implement the policy established in (d) of this section. The department shall base the regulation on the findings of a report, which the department shall make available to the public with prop er notice before adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of stationary sources, their respective emission quantities, and their previous or proposed fee burden;

(4) apparent inequities encountered in the initial fee rate;

(5) total costs incurred or anticipated to be incurred under (h) of this section; and

(6) other factors that ensure fair distribution of the costs described in (h) of this section.

(g) The de partment shall periodically, and at least every four years, evaluate the fee rate set under this section to determine if it is responsive to the policy established in (d) of this section and shall provide its findings in a report.

(h) In this section,

(1 ) "assessable emission" means the quantity of each air pollutant for which emission fees

are assessed and is the lesser of

(A) the stationary source's potential to emit, in tons per year, each air pollutant; or

(B) the projected annual rate of emissions, in tons per year, of each air pollutant by the stationary source based upon previous actual annual emissions if the permittee can demonstrate to the department its previous actual annual rate of emissions through monitoring, modeling, calculations, or oth er method acceptable to the department;

(2) "emission fees" mean fees assessed to recover costs incurred by the department and other state or local governmental agencies for the implementation of minor permits, for the implementation of construction permi ts, and for operating permits to the extent required under 42 U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the permit program established under this chapter that are generally not associated with service provi ded to a specific facility, including the costs incurred by the department or a local air2009 Alaska State Statutes relating to Air Quality 32 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 quality program to comply with AS 46.14.010

- 46.14.015; the costs may include rent, utilities, permit program management, administrative and accounting services, and other costs as identified by the department in regulations; the fees sha ll also be sufficient to recover the cost of the small business assistance program under AS 46.14.300

- 46.14.310.

Sec. 46.14.255. Interest and sanctions for nonpayment.

(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599 , for the day the fee was

due.

(b) If a permittee has failed to pay a fee imposed under AS 46.14.240

- 46.14.250, a penalty, assessment, or damage award imposed under AS 46.03.760 (e) or 46.03.790 for a violation of this chapter, or interest imposed under (a) of this section, the department may, after 30 days' written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested by the permittee, or refuse to amend or modify a permit when the amendment or modification is requested by the permittee.

Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is es tablished. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS

46.14.140 , as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for state participation in the federal emission control permit program.

(b) The money deposited into the clean air protection fund may only be used to cover the reasonable direct and indirect costs required to support the permit program under this chapter and the activities of the small business assistance program that are directed at stationary sources subject to this chapter, not including court costs or other c osts associated with an enforcement

action.

Sec. 46.14.265. Emission control permit receipts account.

(a) The emission control permit receipts account is established in the state treasury. Under

AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140 , other than fees described in AS

46.14.260 (a), shall be deposited in the account. Appropriations from the account are not made from the unrestricted general fund.

(b) Nothing in this section create s a dedicated fund.

Sec. 46.14.270. Special account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS2009 Alaska State Statutes relating to Air Quality 33 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 46.14.255 shall be deposited in the general fund and credited to a special account called the "clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applicable, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unless the delay in final action was due to the failure of the owner and operator to submit, in a timely manner, additional informat ion required or requested to process the application. An owner and operator required to have an operating permit under this chapter are not in violation of the operating permit program established under this chapter before the date on which the owner and

o perator are required to submit an application under AS 46.14.150

.

Sec. 4 6.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

(a) After 30 days' written notice to the permittee, the department

(1) may terminate, modify, or revoke and reissue a construction, operating, or m inor permit if the department finds that

(A) the permit was obtained by misrepresentation of material fact or by failure of the owner and operator to disclose fully the facts relating to issuance of the permit;

(B) the permittee has violated this chapter , a regulation, a judicial or administrative order, or a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C) the permittee has failed to construct or modify a stationary source within the time period specified in a construction permit, if any, required under AS 46.14.130 (a);

(2) may modify, or revoke and reissue a construction, operating, or minor permit if the department finds that

(A) the permit contains a material mistake; or

(B) there has been a material change in the quantity or type of air pollutant emitted from the stationary source; or

(3) shall reopen a permit issued under this chapter

(A) based on a determination of the federal administrator or the department that the permit

mu st be revised to comply with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted

under 42 U.S.C. 7401

- 7671q; or2009 Alaska State Statutes relating to Air Quality 34 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (B) to incorporate changes in law, or to impose equivalent emission limitations, that become applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months

after the c hange in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.

(b) Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by the department if the procedural requirements for permit renewal have been met.

(c) Proceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only th ose parts of the permit for which the department had cause to reopen under this section.

Sec. 46.14.285. Amendment and modification of permit upon request of permittee.

(a) A permittee may request

(1) a permit amendment that provides for administrative c hanges to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emissions;

(2) an expedited authorization for minor changes in permit terms and conditions that provide for flexibility in the operation of a stationary source consistent with 42 U.S.C. 7661a(b)(10) (Clean Air Act, sec. 502(b)(10)), and regulations adopted under that paragraph; the department may adopt regulations tha t include procedures under which the public may participate when an expedited authorization is requested under this paragraph; or

(3) a modification of a permit to authorize significant changes in permit terms and conditions consistent with this chapter a nd regulations adopted under AS 46.14.140

.

(b) The department shall rev iew all requests submitted under (a) of this section and issue or deny the permit amendment or modification or otherwise authorize or deny the request consistent with this chapter and regulations adopted under this chapter.

Sec. 46.14.290. Permit as shield

.

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under it,

if

(1) the applicable requirements are included and specifically identified in the owner or operator's permit; or2009 Alaska State Statutes relating to Air Quality 35 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the requirements are determined in writing not to be applicable to the permitted stationary source; a dete rmination made under this paragraph shall be included in the permit.

(b) This section does not alter or affect

(1) the owner's and operator's obligation to comply with an emergency order issued under

AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);

(2) the liability of an owner and operator for a violation of applic able requirements of law before or at the time of permit issuance; or

(3) the ability of the department to obtain information from an owner or operator of a stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act).

(b) The small business assistance program shall, by regulation, meet the requ irements of 42 U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), including the requirement that a small business advocate be designated.

(c) Except as provided in AS 46.14.310 (b), the department shall provide assistance as described in (b) of this section to a requesting stationary source that is not a small business

concern as d efined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the legislature appropriates money from the general fund for this purpose.

Sec. 46.14.310. Power to limit small business assistance program.

(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program

established in AS 46.14.300 a category or subcategory of small business facilities that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter and federal law without the assistance provided under AS 46.14.300

- 46.14.320.

(b) Nothing in AS 46.14.300 (c) precludes the department from excluding a business facility or category of business facilities th at the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter without assistance from the department.

Sec. 46.14.320. Compliance advisory panel.2009 Alaska State Statutes relating to Air Quality 36 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) There is established in the department a compli ance advisory panel whose members shall serve staggered three

- year terms. A member may not serve more than two three

- year terms consecutively.

(b) The panel consists of

(1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent the general public;

(2) one member selected by the commissioner to represent the department; and

(3) four members who are owners or representatives of owners of small business facilities,

selected as follows:

(A) one shall be selected by the president of the senate and one shall be selected by the speaker of the house;

(B) if there are members of the senate who are not part of the majority caucus of the senate, the leader of the largest nonmajority group shall select a panel member; if all members of the senate are in the majority caucus, then the president of the senate shall select a second panel

member in addition to the selecti on authorized under (A) of this paragraph;

(C) if there are members of the house who are not part of the majority caucus of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel member in addition to the selection authorized under (A) of this paragraph.

(c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS

39.20.180

.

(d) The compliance advisory panel shall

(1) elect a chair and agree upon procedures by which the panel will function;

(2) meet annually and at the call of the chair and give public notice of panel meetings as required under AS 44.62.310

- 44.62.312;

(3) prepare advisory opinions concerning the effectiveness of the small bus iness assistance program, difficulties encountered in making the program efficient and effective, and degree of enforcement and severity of air pollution offenses;

(4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Ac t);2009 Alaska State Statutes relating to Air Quality 37 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) review information designed to assist small business facilities in complying with this chapter to ensure that the information is understandable by the public; and

(6) use the assistance of the small business advocate designated under AS 46.14.300 (b) in the development and dissemination of panel reports and advisory o pinions.

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air quality control program that operates in lieu of and is consistent with all or part of the department's air quality program as established under this chapter. A first or second class borough may administer an air quality control program approved by the department

under this subsection on an areawide b asis and is not subject to the restrictions for acquiring additional areawide powers specified in AS 29.35.300

- 29.35.350. A third class borough may administer a local air quality control program approved by the department under this subsection only in a service area formed under AS 29.35.490 (b) or (c).

(b) With the approval of the department, two or more municipalities or other entities may

crea te a local air quality district for the purpose of jointly administering a local air quality control program within the boundaries of the air quality district.

(c) If the department finds that the location, character, or extent of particular concentration s of population, air pollutant emissions units, the geographic, topographic, or meteorological considerations, or a combination of these factors make impracticable the maintenance of appropriate levels of air quality without an areawide air pollution contr ol program, the department may determine the boundaries within which a local air quality control program is necessary and direct that a local air quality control program spanning those boundaries is the only acceptable alternative to direct state administr ation.

(d) A municipality or a local air quality district seeking department approval for a local air quality control program shall enter into a cooperative agreement with the department that is designed to avoid unnecessary duplication of responsibilitie s. The cooperative agreement must include provisions specifying

(1) the respective duties and authority of the department and the municipality or local air quality district in the administration of the local air quality control program;

(2) the authority of the municipality or the local air quality district to employ staff to administer the local air quality control program;

(3) duties of staff employed under (2) of this subsection;2009 Alaska State Statutes relating to Air Quality 38 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (4) the procedures that must be followed by the municipality or local a ir quality district when requesting money from the clean air protection fund to cover the costs of implementing the municipality's or district's air quality program;

(5) the procedures that will be used by the department in approving a request under (4) o f this subsection and submitting it to the legislature for funding;

(6) respective enforcement responsibilities of the department and the municipality or the local air quality district;

(7) that if the municipality or local air quality control district s eeks authority to take action under (f) of this section, the municipality or local air quality control district will use procedures that are substantially equivalent to those required under AS 46.14.010 and 46.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under t his section shall administer its local air quality control program according to this chapter, regulations adopted under those sections, and its cooperative agreement under (d) of this section. A municipality or local air quality district's program may, upo n a finding by the local agency and an affirmative agreement by the department, establish a more stringent requirement than the stationary emissions unit permit program authorized under this chapter if public health or air quality effects provide a reasona ble basis to regulate the emissions unit with the additional or more stringent requirement and the municipality or district has used procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015 before establishing the more stringent requirement. This subsection does not prohibit a municipality or local a ir quality control district from establishing a mobile source emissions program more stringent than the state program without making findings of public health or air quality effects or using procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015. In this subsection,

"mobile source" does not include tank vessels or other watercraft.

(g) A determination, order, permit, or permit action issued under a local air quality control program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable another department or government entity to establish fee rates or collect fees under AS 46.14.240

or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section requires emissions inspection for a motor vehicle, emiss ion inspection may not be required more than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed under this section is guilty of a violation and, upon conviction, shall be fined an amount not to2009 Alaska State Statutes relating to Air Quality 39 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 e xceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control program under AS 46.1 4.400 and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out

its det ermination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.

(b) If, afte r the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a written finding setting out the nature of the deficiencies and a description of the neces sary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45 days after closure of the public hearing record. The departm ent shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding.

(c) If the municipality or local air quality district fails to take corrective action within th e time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partial ly remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air q uality district.

(d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or may be more efficien tly and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.2009 Alaska State Statutes relating to Air Quality 40 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the s ame air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source while at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissioner determines that another area with more stringent requirements r elating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the potential for air pollutants from the stationary

source to reach the othe r onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42

U.S.C. 7470

- 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by re gulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless oth erwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle.

(c) The depart ment shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a

motor vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law.

(d) If the department adopts regulations requiring the maintenance o f air pollution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards,2009 Alaska State Statutes relating to Air Quality 41 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 testing techniques, and instructions furnished by the department and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if requir ed by the department, must be presented to the Department of Administration before that department may register a motor vehicle.

(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, the department may not require th e vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions inspection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent

of the l egislature that money collected under this subsection be appropriated to control pollution

from motor vehicle emissions.

(g) In addition to the emission control inspection program fee imposed under AS 28.10.423

, the department or a municipality may impose a fee upon a vehicle required to be inspected under

a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitor ing program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS

46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner or op erator, enter upon or through any premises of a stationary source regulated under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sam ple any emissions that the owner and operator of the stationary source is required to sample.

(b) During an inspection under this section, the inspector shall comply with applicable health and safety standards.

Sec. 46.14.520. Confidentiality of trade sec rets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the own er and operator have certified under oath to the department or authorized local program that2009 Alaska State Statutes relating to Air Quality 42 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (1) public disclosure would tend to affect adversely the owner's and operator's competitive position; and

(2) the records, reports, or information, or parts of t he records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provide d in AS 46.14.520 , permits, permit applications, emissions and monitorin g reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipali ty or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter.

(b) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend federal aid for the control of air emissions or the development and adminis tration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds received by the department for the control of air emissions or the development or administration of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural r equirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and ma y impose other conditions the commissioner finds necessary and appropriate.2009 Alaska State Statutes relating to Air Quality 43 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is c onsidered to be acting in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.

Sec. 46 .14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the permittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoi dable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for no ncompliance with a technology

- based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requ irement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial

he alth, or safety.

Sec. 46.14.990. Definitions.2009 Alaska State Statutes relating to Air Quality 44 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a s tandard, other than an emission standard, adopted under AS 46.14.010 , 46 .14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or tempor arily stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the tr ade of transporting cargo; in this subparagraph, "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(5) "commissioner" means the commissioner of environm ental conservation;

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant exhibits, addendums, transmittal l etters, compliance schedules, administrative orders, emergency orders, and court orders;

(8) "department" means the Department of Environmental Conservation;

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used;

(12) "federal administrator" mea ns the administrator of the United States Environmental Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009].2009 Alaska State Statutes relating to Air Quality 45 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean Air Act, sec. 112(b));

(15) "local air qual ity control program" means a program authorized under AS 46.14.400 to imp lement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source o r physical change that meets the definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court ord ers;

(19) "operator" means a person or persons who direct, control, or supervise a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possess ory interest in a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencie s, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C.

7401

- 7671q (Clean Ai r Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated a ir pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, depending on the context in which the term is used;2009 Alaska State Statutes relating to Air Quality 46 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (27) "tank vessel" means a waterborne ves sel, ship, or barge, whether or not self

- propelled, that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading

(A) cargo in sealed drums, barrels, or other packages; or

(B) petroleum or petroleum products solely as fuel for use on that vessel;

(28) "TPY" means tons per year.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air Quality Control Regul ations, As amended through January 4, 2013 (with register number)

.

See section 2.1

. (b) for Lt. Governor’s filing memo dated December 6,

2012

.

Revision Table 20 1 3 , showing effective dates of individual sections of 18 AAC 50 and whether they are subject to SIP approval

.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through January 4, 2013

### 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 VERSION, THE DEPARTMENT OF

ENVIRONMENTAL CONSERVATIO N CANNOT GUARANTEE ITS ABSOLUTE

ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED

WITH THE LIEUTENANT GOVE RNOR ARE AVAILABLE FROM THE

DEPARTMENT OF ENVIRONMENTAL CONSERVATION.

THE REGULATIONS HAVE AN EFFECTIVE DATE OF JANUARY 4, 2013, ARE IN REGISTER 205, AND WILL APPEAR IN OFFI CIAL PUBLISHED FORM IN THE

APRIL 2013 SUPPLEMENT TO THE ALASKA ADMINISTRATIVE CODE.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

1 Chapter 50. Air Quality Control

.

Article 1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110) 2. Program Administration (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 50.735) 8. (Reserved) 9. General Provisions (18 AAC 50.900 - 18 AAC 50.990)

Editor's note: The regulations in this chapter, effective January 18, 1997, and distributed in Register 141, are a comprehensive reorganization and revision of the department's regulations dealing with air quality control. Except 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 these regulations. The history line at the end of each section does not reflect the history of th e replaced provisions before January 18, 1997. Thenumbering of sections is not related to the numbering before January 18, 1997. Previous amendments of this chapter are on file in the Offi ce of the Lieutenant Governor and are found at Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Re gister 84, 11/1/82; Register 88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126, 4/7/93; Register 127, 7/8/93; Re gister 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 Register 133, 1/4/95.Register 205, April 2013 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, classifications, and control regions

20. Baseline dates and maximum allowable increases 25. Visibility and other 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 device visible emission standards 80. Ice fog standards 85. Volatile liquid storage tank emission standards 90. Volatile liquid loading racks 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 apply 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 50.010. Ambient air quality standards. The standards for concentrations of air pollutants in the ambient air, measured, determined, 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 above 150 micrograms per cubic meter is less than or equal to one day;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

3 (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 concentration is less than or equal to 15.0 micrograms per cubic meter; for purposes 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 concentration of 35 micrograms per cubic meter, with this standard being attained when the three-year average

of the annual 98 th percentile 24-hour concentration 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 average 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 three-year average of the annual, 99th percentile, daily maximum, one-hour sulfur dioxide concentration 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:

(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 thr ee-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to .075 parts per million;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

4 (5) for oxides of nitrogen, measured as nitrogen dioxide:

(A) annual average nitrogen dioxide concentration of 100 micrograms per cubic meter; with this standard being attained 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 dioxide 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 nitrogen dioxide concentration 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, expressed 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 once 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)

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, classifications, and control regions. (a) To identify an area by its air quality, all geographic areas in the state are designated by the federal administrator as "attainment," "nonattainment," 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 air 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 particular air pollutant, the area is designated "unclassifiable" for that air pollutant.

(b) The following areas have been designated by the federal administrator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004Register 205, April 2013 ENVIRONMENTAL CONSERVATION

5 (2) for PM-10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage.

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

(c) To establish standards for the prevention of significant deterioration of air quality, geographic areas in the state are

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

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

(C) South Central Alaska Intrastate Air Quality Control 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 "unclassifiable" or "attainment."

Table 1. Air Quality Classifications

Classification Geographic Area

Class I areas Denali National 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 geographic areas in Alaska not

classified as Class I or Class III

Class III areas No areas in AlaskaRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

6 (d) The following areas are subject to maintenance plan requirements for carbon monoxide, 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) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area. (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)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : The nonattainment area and maintenance boundaries, the air quality control region boundaries, and the Class I area boundaries 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.

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 provi sions of this section do not apply to the nonattainment air pollutant. However, this section does apply to all other air pollutants listed in

Table 2 in this subsection.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

7 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 To be established under 40 C.F.R. 52.21(b)(14)(ii), adopted by reference in 18 AAC 50.040(h)

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)

(b) To establish standards for the prevention of significant deterioration of air quality,

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

(2) in areas designated as Class I, II, or III, increases in air pollutantRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

8 concentration over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection; (3) for any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location;

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a method 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 205, April 2013 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

................ 700Register 205, April 2013 ENVIRONMENTAL CONSERVATION

10 Nitrogen dioxide:

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

PM-2.5:

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

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

.........18

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this section, the baseline concentrations 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 meaning given in 40 C.F.R. 52.21(b), adopted by

reference in 18 AAC 50.040.

(g) For purposes of this section, the baseline area is every part of an air quality control region described in 18 AAC 50.015 that is designate d as attainment or unclassifiable, and in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for 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, nitrogen dioxide, or PM-10;

(2) equal to or greater 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)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.025. Visibility and other special protection areas. (a) Visibility special protection areas are established to prevent impairment of visibility. The following areas are designated visibility special protection areas:

(1) Mt. Deborah and the Alaska Range East, 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 geographic location where a wood-burning activityRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

11 has resulted in two or more discontinuous 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 smoke control area.

(c) Special protection areas for sulfur dioxide are established to prevent the violation of the ambient air quality standard and maximum allowable ambient concentration for sulfur dioxide. The following areas are designated as special protection areas for sulfur dioxide:

(1) in the Unalaska area, the land and water 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 land and water areas south of UTM Northing 6333.00 kilometers (57  8' 29" N latitude) and within 0.6 kilometers 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 air quality control plan adopted 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 provisions of AS 46.14 and this chapter, as amended through May 29, 2012, are adopted by reference. 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 Volatile 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 the Best Performing Model , EPA-454/R-92-025, December 1992;

(7) repealed 9/17/2011;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

12 (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, Register 147; am 1/1/2000, Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register 161; am 3/27/2002, Register 161; am 5/3/2002, 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)

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 the Office of the Lieutenant 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 Protection Agency's (EPA) publication AP42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area

Sources , Fifth Edition with Supplements A – F and 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 Prevention 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. (b) The following procedures and methods set out in 40 C.F.R., revised as of July 1,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

13 2010, are adopted by reference:

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

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

(3) 40 C.F.R. Part 58, Appendix B;

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

(A) ASTM D1946-90(1994)e1, Standard 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.

(c) This subsection adopts the methods and procedures listed in this subsection for use by the department in permits for compliance monitoring. 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 procedures on a case by case basis. The following methods and procedures are adopted by reference:

(1) ASTM D 129-00, Standard Test Method 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 Fluorescen ce Spectometry, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X- Ray Fluorescence Spectroscopy, approved April 10, 1998; (6) ASTM D 4045-99, Standard Test Method 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;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for PerformingRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

14 the Sieve Analysis of Coal and Designa ting 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 Oxidative 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 Sulfide 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 Performa nce Specifications, approved February 10, 1998;

(17) ASTM D 4239-00 Standard Test Methods 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, Register 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)

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 the department's Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of the 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 Te sting and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, We st Conshohocken, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.Register 205, April 2013 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), as revised as of July 1, 2011, are adopted by reference as they apply to a Title V source, except that the provisions adopted by reference in (2)(JJ) and (LL) of this subsection are adopted by reference as of October 8, 2009 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 Performance for Fossil-Fuel-Fired Steam Generators for Which Construction is Commenced After August 17, 1971);

(B) Subpart Da (Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978);

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

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

(E) Subpart E (Standards of Performance for Incinerators);

(F) Subparts Ea and Eb (Standards of Performance for Municipal Waste Combustors);

(G) Subpart Ec (Standards of Performance for Hospital, Medical, and Infectious Waste Incinerators);

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

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

(J) Subpart J (Standards of Performance for Petroleum Refineries);

(K) Subpart K (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

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

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

16 Reconstruction, or Modification Commenced After July 23, 1984);

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

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

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

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

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

(T) Subpart Y (Standards of Performance for Coal Preparation 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 Performance for Metallic Mineral Processing Plants); (Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry);

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals); (BB) Subpart GGG (Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries);

(CC) Subpart JJJ (Standards of Performance 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 Performance for Nonmetallic MineralRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

17 Processing Plants);

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

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

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

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

Industrial Solid Waste Incineration Units for 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), except that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the permanent label required by 40 C.F.R. 60.536;

(LL) Subpart DDDD (Emissions Guidelines and Compliance Times for

Commercial and Industrial Solid Waste Incineration 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);

(OO) Subpart IIII (Standards of Performance for Stationary Compression Ignition Internal Combustion Engines);

(PP) Subpart JJJJ (Standards of Performance 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 Guidelines and Compliance Times forRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

18 Existing Sewage Sludge Incineration Units):

(3) the provisions of Appendices A - F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of July 1, 2011, 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 Emission Standard for Mercury);

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene);

(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 subject 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 for Source Categories), as revised as of February 17, 2011, 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 Control Technology Determinations 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 pollutantRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

19major source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air 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 Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants);

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

(5) Subpart N (Chromium Electroplating and Anodizing);

(6) Subpart Q (Industrial Process Cooling Towers);

(7) Subpart R (Gasoline Distribution Facilities: Bulk Gasoline Terminals and Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

(9) Subpart Y (Marine Tank Vessel Loading Operations);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off-Site Waste and Recovery Operations);

(12) Subpart GG (Aerospace Manufacturing and Rework Facilities);

(13) Subpart HH (Oil and Natural Gas Production Facilities);

(14) Subpart II (Shipbuilding and Ship Repair);

(15) Subpart JJ (Wood Furniture Manufacturing);

(16) Subpart KK (Printing and Publishing Industry);

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (Portland Cement Plants);

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units)

(20) Subpart AAAA (Municipal Solid Waste Landfills);

(21) Subpart EEEE (Organic Liquids Distribution (Non-Gasoline));Register 205, April 2013 ENVIRONMENTAL CONSERVATION

20 (22) Subpart YYYY (Stationary Combustion Turbines);

(23) Subpart ZZZZ (Stationary Reciprocating Internal Combustion Engines);

(24) Subpart GGGGG (Site Remediation);

(25) Subpart PPPPP (Engine Test Cells, Stands);

(26) Subpart LLLLLL (Acrylic and Modacr ylic Fibers Production Area Sources);

(27) Subpart MMMMMM (Carbon Black Production Area Sources);

(28) Subpart NNNNNN (Chemical Manufacturing Area Sources: Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyuret hane Foam Production and Fabrication Area Sources);

(30) Subpart PPPPPP (Lead Acid Battery Manufacturing Area Sources);

(31) Subpart QQQQQQ (Wood Preserving Area Sources);

(32) Appendix A (Test Methods);

(33) Appendix B (Sources Define d for Early Reduction Provisions);

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution 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 Emission Standards for Hazardous Air

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

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2011, 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. 52.97, as revised as of July 1, 2011, 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), as revised as of July 1, 2011, 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), as revised as of July 1, 2011, are adopted by

reference: (1) Subpart FFF (Federal Plan Requirements for Large Municipal WasteRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

21 Combustors Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requirements 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 Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before June 20, 1996);

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before November 30, 1999);

(5) Subpart JJJ (Federal Plan Requirements 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), as revised as of July 1, 2011, 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) (Applicability Procedures);

(4) 40 C.F.R. 52.21(b) (Definitions), 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 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) (“building, 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”);Register 205, April 2013 ENVIRONMENTAL CONSERVATION

22 (vi) repealed 1/4/2013;

(C) 40 C.F.R. 52.21(b)(51) (“reviewing authority”) is not adopted, and the term defined in that provision has the meaning given in 18 AAC 50.990;

(D) 40 C.F.R. 52.21(b)(15) (“baseline area”) is not adopted, and the term defined in that provision has the 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);

(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 Impacting Federal Class I Areas);

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

(16) 40 C.F.R. 52.21(v) (Innovative 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 for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel; (B) the requirements of 40 C.F.R. 52.21(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.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

23 (21) 40 C.F.R. 52.22 (Enforceable Commitments for Further Actions Addressing the Pollutant Greenhouse Gases (GHGs)).

(i) From the following provisions of 40 C. F.R. 51.165 (Permit Requirements), as revised as of July 1, 2011, 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) (Definitions), 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) (“building, structure, facility, or installation”);

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

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit”);

(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)(xxxvii) (“regulated NSR pollutant”);

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

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

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

(4) 40 C.F.R. 51.165(a)(4) (Fugitive Emissions);

(5) 40 C.F.R. 51.165(a)(5) (Source Obligations);

(6) 40 C.F.R. 51.165(a)(6) (Projected Actual Emissions);

(7) repealed 7/25/2008;

(8) repealed 7/25/2008;

(9) repealed 7/25/2008;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

24 (10) 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 also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 51.165(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), as revised as of August 2, 2010, are adopted by reference, 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);

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

(9) 40 C.F.R. 71.13 (Enforceable Commitments for Further Actions Addressing Greenhouse Gases (GHGs)).

(k) The provisions of 40 C.F.R. Part 64, as revised as of July 1, 2011, are adopted by reference to the extent that they 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, Register 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)

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 Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emission standard that isRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

25 not at a stationary source subject to a Title V permit should contact the United States Environmental Protection Agency.

As of Register 199 (October 2011), the regula tion 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 describe the United States Environmental Protection Agency as having indefinitely 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 day 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 stationary source that emits an air pollutant subject to this chapter shall ensure that the stationary source complies with this chapter 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 air quality standards.

(d) A person who causes or permits bulk materials to be handled, transported, or stored, or who engages in an industrial activity or construction project shall take reasonable precautions to prevent particulate matter from being emitted into the ambient air.

(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 concentration 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 concentrations of that air pollutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process parameter, exhaust gas parameter, or stack parameter; (B) combining exhaust gases from several existing stacks into one stack;

or (C) other selective handling of exhaust gas streams.

(g) The following are not dispersion techniques for purposes of this section:Register 205, April 2013 ENVIRONMENTAL CONSERVATION

26 (1) reheating a gas stream to its original 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 several stacks into one stack, if done when an emission control system is installed and results in a net reduction in the allowable emissions of the controlled air pollutant; or

(4) any technique that increases the exhaust 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 more than 20 percent averaged over any six

consecutive minutes.

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

matter standard listed for that incinerator 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 limitRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

27 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 percent 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 percent carbon dioxide and standard conditions, averaged over

three hours

An incinerator that burns waste containing more than 10 percent wastewater treatment plant sludgeby dry weight from a municipal 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 certain municipal solid waste landfills. Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible emissions, excluding condensed water vapor, fr om 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 over any six consecutive minutes for fuelburning equipment in operation before November 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 adaily 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;

(4) 20 percent or greater averaged over 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;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

28 (6) 10 percent or greater averaged over any six consecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982;

(7) 10 percent or greater averaged over any six consecutive minutes for process emissions, other than from a kiln, 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 caused by startup, shutdown, soot-blowing, grate cleaning, or other routine maintenance activities specified in an operating permit issued under this chapter;

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

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference 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 boiler 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 approves a stationary source-specific revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity limit otherwise applicable under

this section.

(b) Particulate matter emitted from an industrial process or fuel-burning equipment may not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged over three hours,

(1) 0.05 grains, except as provided in (2) - (6) of this subsection, (d) - (f) of this section, and 18 AAC 50.060;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

29 (2) 0.1 grains for a steam generating plant fueled by

(A) coal, and in operation 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 constructed or modified after June 11, 1973;

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

(c) Sulfur-compound emissions, expressed as sulfur 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 particulate matter per million joules supplemental heat attributable to fuels burned in a catalyst regenerator waste heat boiler; and

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

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

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or

(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:Register 205, April 2013 ENVIRONMENTAL CONSERVATION

30(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 andother fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total 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 milligrams 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 gas at standard conditions.

(f) At a portland cement plant, emissions from 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 basis to the kiln; and

(2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on a dry basis.

(g) Release of materials other than process emissions, products of combustion, or materials introduced to control pollutant emissions from a stack 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 quality control permit issued before October 1, 2004. (Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

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

AS 46.14.010 AS 46.14.030

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 (expressed as sulfur dioxide) from blow pits, washer vents, storage tanks, digester relie f systems, and recovery systems; and

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

31 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 section, 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, noncombustibles 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 not allowed to smolder.

(b) Black Smoke Prohibited . Except for firefighter training conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other mate rials in a way that gives 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. Open 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 means 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 and limit the amount of smoke generated; and

(3) the department will, in its discretion, as a condition of approval issued under this subsection, require public notice as described in (j) of this section. (c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or aci dic gases or particulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby persons or property.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

32 (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 the standards set by 18 AAC 50.010. The department will make reasonable efforts to ensure that the advisory is broadcast on local radio or television.

(f) Wood Smoke Control Areas . Open burning is prohibited between November 1 and March 31 in a wood smoke control area identified in 18 AAC 50.025(b).

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

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

circumstances:

(1) before igniting the structure, the fire service shall

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

(B) visually identify materials in the structure that might contain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, 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 outside diameter of four inches or

more; or (viii) urethane or another plastic foam insulation;

(D) provide public notice consistent with (j) of this section; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

33 (E) ensure that a fire-service representative 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 complaints 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 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefighter training w ithout ensuring maximum combustion efficiency. To conduct this training without prior written department approval, the fire service shall

(1) provide public notice 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 accordance with (k) of this section.

(j) Public Notice . A person required to provide public 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 public notice must be issued as directed by the department and must (1) state the name of the person conducting the burn;

(2) provide a list of material to be burned;

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

(4) for a surprise fire drill, state

(A) the address or location of the training; and

(B) the beginning and ending 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 fire drill, state the expected time, date, and location of the open burning.

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

(1) make a reasonable effort to respond to complaints received about the burn;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

34 (2) keep, for at least 30 days, a record of all complaints received about the burn, including to the extent feasible

(A) the name, address, and telephone 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)

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 condensed 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, visibility may be reduced by up to 100 percent for periods aggregating no more than

(A) three minutes in any one hour; and

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

(2) during the hour immediately after weighing 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 more than three minutes in any one hour. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)Register 205, April 2013 ENVIRONMENTAL CONSERVATION

35 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 vi sible emission standards. (a) A person may not operate a wood-fired heating device in a manner that causes

(1) black smoke; or

(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245.

(b) A person may not operate a wood-fired heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.

(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 the 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.

(Eff. 1/18/97, Register 141; am 5/6/2009, Register 190)

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 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate an industrial process, fuel-burning equipment, or incinerator in an area of potential ice fog to obtain a permit and 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 storage tank emission standards. (a) The owner, operator, or permittee of a volatile liquid storage tank located in the 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 organicRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

36 vapors emitted to the atmosphere by at least 95 percent (six-hour average), as 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; or

(4) a system that the department determines is as effective as those described in(2) or (3) of this subsection, using procedures in the document referred 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.

(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1) - (4) of this section, shall, no later than the 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 department will, and the owner, operator, or permittee shall, use the procedures specified in the document referred to in (a)(3) of this section to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

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

(4) keep records of those inspections and 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 the state air quality control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.090. Volatile liquid loading racks a nd delivery tank emission standards. (a) The owner, operator, or permittee of a stationary source that is located in the Port ofRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

37 Anchorage and that has a volatile liquid loading 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 displaced during the loading of vaporladen delivery tanks;

(C) prevents any organic vapors collected at one delivery tank loading position from passing to another delivery tank loading position;

(D) processes the vapors collected under (B) of this paragraph with

(i) a control device that emits no more than 10 milligrams of organic vapors per liter of volatile liquid 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 determinationunder 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, except 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 the 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 loading of liquid product into any 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 under (b) of this section within the preceding 12 months; and

(3) preventing leaks in the vapor collection system or liquid loading equipment that result in the release of a volatile liquid organic or a volatile organic vapor in a concentrationRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

38 exceeding 10,000 ppm by volume, measured as methane.

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

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner or operator shall perform an annual 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 pressure 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; and (D) the test shall be performed for the volatile liquid as it would be for gasoline;

(2) mark the delivery tank with 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 accordance 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 the tank portion of a rail tank car,

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

(ii) the color of the letters and 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 rack with a copy of the most recent test results under (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 department 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

,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

39 adopted by reference in 18 AAC 50.030, to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

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

(4) keep records of all inspections and repairs for 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 46.14.030

Editor's note : A complete description of the Port of Anchorage is in the state 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 determining the cla ssification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance with other applicable air pollution control re quirements. (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 life, or property, or which would unreasonably interfere with the enjoyment of lif e or property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 205, April 2013 ENVIRONMENTAL CONSERVATION

40 Article 2. Program Administration

.

Section 200. Information requests 201. Ambient air quality 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 revising air quality classifications 260. Guidelines for best available retrofit 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 chapter, 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 stati onary 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 st ationary source have a reasonable likelihood of causing or significantly contributing to ambient con centrations 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 owner, operator, or permittee to evaluate the effect of the stationary source’s emissions of those air pollutants 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 evaluation requirements of this section, 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 emissions or implement another control strategy to reduce the ambient impact of those emissions as necessary to ensure that the concentration of air pollutants in the ambient air does not exceed the ambient 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 condition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the affected owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given the costs of determining an equitable allocation, any emission reduction or control strategy imposedRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

41 under this section will be equitably allocated among stationary, mobile, and area sources and source categories based upon their relative contribution to the ambient impacts of concern, the cost of additional controls, and other equitable factors.

(c) When determining whether to impose a reduction or control strategy under (b) of this section, the department will consider the uncertainties of ambient 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 apply 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 under 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 application, report, affirmation, or compliance certification required by the department under a permit program established under AS 46.14 or this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based 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 electronic application or other electronic record required by the department under a permit program established under AS 46.14 or this chapter if

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

(2) the person providing the electronic signature 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 205, April 2013 ENVIRONMENTAL CONSERVATION

42 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 Project 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 monoxide, nitrogen dioxide, sulfur dioxide, ozone, and ammonia;

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, Appendices D and P, adopted by reference 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), for meteorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of replication, and approved by the department.

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

(1) ensure that estimates of ambient concentrations 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 Quality 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 increase 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 refined air quality model referenced 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 quality model is more appropriate than a preferred air quality model; and

(2) obtaining approval from the regional administrator and the commissioner.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

43 (d) Table 5 establishes the significant impact level, expressed as micrograms per cubic meter, for each pollutant and averaging period. If the ambient impacts from emissions from a stationary source or modification are less than the concentrations in Table 5, the emissions are not considered to cause or contribute to a violation of an ambient air quality standard or maximum allowable increase for a Class II area. A person shall conduct the comparison of a modeled impact to the significant impact level as follows:

(1) for the PM-2.5 significant impact level, the annual average PM-2.5 significant impact level, the one-hour nitrogen di oxide 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 screening meteorological data; or

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

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

modeled concentration.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms 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 table, “N/A” means not applicable.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

44 (e) A person may use the AERSCREEN dispersion model as an allowed screening technique under Section 4.2.1 of 40 C.F.R. Part 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 with 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, Regi ster 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 4/1/2010, Regist er 193; am 10/29/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012, Regi ster 203; am 1/4/2013, Register 205)

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 testing within the specified period regardless of whether the department explicitly calls for testing under this subsection.

(b) Unless otherwise specified by an applicable 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 characterize 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 accordance 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 accordance 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 compliance with requirements adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F. R. Part 63, adopted by reference in 18 AAC 50.040(c);Register 205, April 2013 ENVIRONMENTAL CONSERVATION

45 (D) source testing for reduction in visibility 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 Procedur es," 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 waste combustor organics, metals, and acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040; 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 50.040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus 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 section, 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 emissions 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 the 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 average is determined using the average of three one-hour test runs. The source test must account for those emissions caused by soot blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test run includes the emissions caused by the routine 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 205, April 2013 ENVIRONMENTAL CONSERVATION

46 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 particulate 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 tun 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 operation per 24 hours, expressed to the

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

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 operator of an existing or proposed stationary source may request an enforceable 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 units at the stationary source;

(3) a calculation of the stationary source’s actual emissions and potential to emit air pollutants;

(4) a description of each proposed limit, including for each air pollutant a            

A x R

BS

- R

S)

- (R E + A x R S

x B) + (A E = E NM MRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

47 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) if applying all limits does not avoid all permit classifications under AS 46.14 and this chapter, a description, and if necessary an application, for the remaining classifications;

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

(9) a certification, bearing the signature of the person requesting the limits, that states: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in this request are true, accurate, and complete.”

(c) Within 30 days after receiving a request under (b) of this section, the department will

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

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

denial.

(d) If the department makes a preliminary decision to approve a request under (c) of this section, the department will solicit public comment 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 department will publish this notice in two consecutive issues of the newspaper and in other media the department considers appropriate; the notice will include

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

(B) a summary describing the proposed 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 205, April 2013 ENVIRONMENTAL CONSERVATION

48 (2) the department will make available for 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 hearing 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 subsection; if the department determines additional time is needed to allow full public participation, 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 comment 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 the 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 provided 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 limit 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 becomes effective the day after the department receives a copy of the letter 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 section, the owner and operator shall comply with all terms and conditions of the approval.

(h) The owner or operator may request the department to revise the terms or conditions of the approval issued under this section by submitting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approvalRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

49 under (f) of this section as if the limit had neve r been approved. The limit remains in effect until the owner or operator

(1) obtains a new limit that allows the owner 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 requirement 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 operator 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 preliminary decision to approve the new limit, the department will combine the new limit and all existing limits into a single decisional document and process it in accordance with (d) – (g) of this section. All existing limits remain in effect until the effective date of the new decision, unle ss revoked earlier in accordance 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)

Authority: AS 46.14.020 AS 46.03.020 AS 46.14.140

AS 46.14.030 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. Under these "preapproved" emission limits or PAELs, no additional department approval is required. The owner and operator 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 preapproved limits in those subsections be applied to that stationary source. To make the request, the owner or operator shall submit to the department the information required for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines may be established by restricting 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; (B) a list of all diesel engines at the 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 operatorRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

50 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 have the potential to emit if subjected to the limits on fuel use proposed under (C) of this 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 source that are not listed under (B) of this paragraph; (F) a calculation of the stationary source’s total potential to emit nitrogen oxides, determined by adding the values derived under (D) and (E) of this paragraph;

(G) a list setting out each of the conditions required 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 reasonableinquiry, 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 equipment 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 consumed 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;

(C) keep all receipts for fuel purchases and all records and calculations under (B) of this paragraph available 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 paragraph for the preceding

year.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

51 (d) The owner or operator of a gasoline distribution facility may limit the maximum daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in this subsection is applied, the department will consider the stationary source to be a bulk gasoline plant under the standards adopted by reference 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 stationary 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 conditions required under (2) of this subsection; and

(D) a certification bearing 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 those conditions in order to be classified as a bulk gasoline plant; and

(E) the administration fee 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 transferred from tanks at the stationary source each day;

(C) keep all receipts for fuel sales and all records under (B) of this paragraph available 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 required by (B) of this paragraph for the preceding year.

(e) The owner or operator may terminate a limit under this section by notifying the department, in writing, of the proposed date for termination of the limit. On and after the proposed date, the limit is no longer in effect unless the limit made it possible for the owner or operator to avoid any preconstruction review procedures or to avoid the requirement for an operating permit. If the limitRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

52 (1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until the 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 operator to continue to avoid preconstruction review; or

(2) did not make it possible to avoid preconstruction 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, Regi ster 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 causes emissions in excess of a technology-based emission standard, the owner, operator, or permittee shall

(1) take all reasonable steps to minimize 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.

(b) A person who asserts the affirmative defense recognized in AS 46.14.560 must

demonstrate that

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emission unit occurred, and the person can identify the cause;

(2) the stationary source was being properly operated when the event described in (1) of this subsection occurred; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

53 (3) the person took the steps required under (a) of this section.

(c) In any enforcement action, the person seeking to assert the affirmative 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 immediate corrective action 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 action, 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 unavoidable under this section will be excused and are not subject to penalty. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the owner, operator, or permittee believes to be unavoidable 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 within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be

taken to minimize or eliminate the chance of recurrence.

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates

that (1) the excess emissions could not have been prevented through careful planning and design; and

(2) if a bypass of control equipment occurred, the bypass was necessary to prevent loss of life, personal injury, or severe property damage.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

54 (e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that the excess emissions could not have been avoided through reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and 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 pattern indicative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should have known that an emission standard or permit condition was being exceeded, the operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for minimizing emissions during the event, taking into account the total emissions impact 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 section must be supported by records made at the time the excess emissions occurred. (Eff. 1/18/97, Register 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 episodes and advisories. (a) The department may declare an air 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.

Table 6.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

55 Concentrations Triggering an Air Episode

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 will declare an air quality advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advisory under (b) of this section, the department will

(1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationary source’s emissions might impact the area subject to the advisory; and

(2) publicize actions to be taken to protect public health. (Eff. 1/18/97,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

56 Register 141; am 10/1/2004, Register 171)

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 acres and is one of the following may be classified only as Class I or Class II:

(1) a national park or national wilderness 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 motion, or upon receipt of a petition under AS 44.62.220, propose to change the air quality classification of a geographical area. The department will, in its discretion, combine or coordinate any public meetings or hearings conducted under (e) of this section with those conducted 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 geographic air quality classification, the department will prepare, and a person submitting a petition 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 proposed classification;

(3) a statement of the reasons why the change to the air quality classification is proposed and is in the 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 areas 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 area (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 permitted under those provisions without aRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

57 change in the air quality classification for the area;

(5) an evaluation of the effects on air quality in other geographic areas classified in 18 AAC 50.015(c) of any proposed new or modified 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 classification of an area of the state,

(1) for any change,

(A) the federal administrator must have approved the change;

(B) the department must have conferred with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation;

(C) the department must have notified each affected federal land manager of the proposed change and provided at least 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 comments and recommendations of any affected federal land manager received under (B) of this paragraph and an explanation of the reasons for implementing a change that is inconsistent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, economic, 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 standards or maximum allowable increase;

(2) for any change to the classification of lands within the exterior boundary of a reservation of a federally-recognized Indian tribe, the governing body of the tribe must have approved the change; and

(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 manager” 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, RegisterRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

58 141; 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 retrofit technology under the regional

haze rule (a) For the purposes of this section, 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 AS 46.14.990;

(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 the 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 iden tified consistent with Section III of the BART guideline. No later than 5 days after December 30, 2007, the Department 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 December 30, 2007 shall satisfy this obligation. Unless the department exempts a s ource in accordance with Section 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 notified under (b) of this section may request an exemption from BART. Exemptions from BART approved by the department in writing prior to December 30, 2007 shall have the same effect as those approved under this subsection. An exemption from BART must be requested and processed as follows:

(1) the owner or operator shall:

(A) notify the department no later than 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 after 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 requirements of (h)(3) of this section for refinedRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

59 visibility impact analysis modeling:

(2) no later than 30 days after receiving a submission 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 protocol, the owner or operator shall

(A) conduct a visibility impact analysis in accordance with (h)(3) of this section; and (B) submit the visibility impact analysis report, including all supporting documentation, to the department no later than 60 days after the department approves a modeling protocol for the visibility impact analysis; if a modeling protocol is submitted and approved prior to December 30, 2007, the visibility 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 not reasonably anticipated to cause or contribute to any impairment of visibility in a Class 1 Area identified in the notice 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 owner 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 owner requested limit under 18 AAC 50.225, the owner or operator shall comply with the te rms and conditions of the approval; if the owner requested limit is subsequently rescinded, the owner or operator shall conduct a BART control analysis in accordance with (d) – (o) of this section;

(6) the department will notify the owner or operator, the Environmental Protection Agency, and each affected federal land manager, in writing, of a department approval or disapproval under this subsection; if the decision is to approve an exemption, either through visibility impact analysis or an owner-requested 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 department denies the exemption request under (c) of this section, the owner or operator shall submit a BART assessment modeling protocol that meets theRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

60 requirements of (h)(3) of this section for control technology visibility impact 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 the date of the department’s notice disapproving the exemption request under (c) of this section. 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 and notify the owner or operator of the reasons for the disapproval.

(e) For purposes of analyzing the visibility impact from potential control technologies, the owner or operator of each source 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 later 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 concern for purposes of BART are SO 2 , NO

x , and PM 10

.

(g) If an owner or operator elects to apply, or has already applied, the most stringent controls available consistent with the analysis conducted under (e) of this section, they are not required to conduct a visibility impact 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-control technology and each potential BART control option consistent with the approved modeling protocol compared to the annual average default natural visibility

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule , EPA-454/B-03-005, dated September 2003 and adopted by reference, at each Class I area identified in the notice under (b) of this section.

(3) be conducted in a manner consistent with either:

(A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United

States , dated August 15, 2006 and adopted by reference, as amended by the Summary ofRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

61 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 limits 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 hearing only if one is requested within 15 days after publication of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after consideration of comments and testimony received, the department will make a final BART determination and provide written notice to each owner or operator, EPA, each affected federal land manager, and any person who commented on the preliminary BART determination. In the final BART determination, the department will include

(1) the pollutant-specific emission limits 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).Register 205, April 2013 ENVIRONMENTAL CONSERVATION

62 (m) An informal review of the final BART determination may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

(n) As expeditiously as practicable, but in no case more than five years after the date of EPA approval of the regional haze state implementation plan required under 42 U.S.C. 7410 and 7491, the owner or operator of a source that is subject to a final BART determination under this section shall comply with the requirements established in that determination.

(o) The owner or operator of a source required 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, recordkeeping, and reporting in accordance with the

methods set out in the final BART determination.

(p) Department services under this section 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 reference 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.

(4) “cause or contribute to impairment of visibility” means to release emissions that produce a 0.5 or greater change in the daily deciview when compared against natural conditions; for the purposes of this paragraph, “natural conditions” includes 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” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section; (7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

63 (8) “maximum change” means the greatest relative change in visibility between pre-BART controls and post-BART controls for purposes of this section;

(9) “sources subject to BART” means a source indentified by the department in accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air quality modeling analysis conducted for the purposes of determining visib ility impacts. (Eff. 12/30/2007, Register 184; am 7/1/2010, Register 194)

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 section, contact the Department of Environmental Conservation, Air Quality Division at (907) 465-5100.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

64 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 construction 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 permits: 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 205, April 2013 ENVIRONMENTAL CONSERVATION

65 (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 before or after October 1, 2004; and

(2) department will process the application 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 construction 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 requirements 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 deterioration (PSD) permits under 18 AAC 50.306;

(2) a nonattainment area major stationary 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 modification requires permits under more 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 incorporated into a permit under (b) of this section, and is identified in the permit as solely necessary to meet a Title 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 subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff.10/1/2004, Register 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 46.14.020

18 AAC 50.305. Construction permit provisions requested by the owner orRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

66 operator. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.306. Prevention of significant 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 this 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 quality standard” means an ambient air quality standard set out in 18 AAC 50.010 for this state;

(C) the term “ambient air increment” 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 reference 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 information 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 accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h);

(3) if requested by the owner or operator of a stationary source or modification that requires both a PSD permit and a Title V permit or permit modification, the department will integrate review of the operating permit application or amendment required by 18 AAC 50.326Register 205, April 2013 ENVIRONMENTAL CONSERVATION

67 and the PSD permit application required by this section; 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 section, the department will include terms and

conditions (1) as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this section, including terms and conditions consistent with AS 46.14.180 that require the permittee to

(A) install, use, and maintain monitoring equipment;

(B) sample emissions according to the methods prescribed by the department, at locations and intervals specified by the department, and by procedures specified by the department;

(C) provide source test reports, monitoring data, emissions data, and information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on process 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 may 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, Register 171; am 7/25/2008, Register 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 stationary source, major modification, or PAL major modification for a nonattainment pollutant in a nonattainment area, an owner or operator must obtain a construction permit from the department. (b) The application for a permit under this section must include

(1) for the nonattainment air pollutant, aRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

68 (A) demonstration, including substantiating 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 nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) description of the proposed reductions 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 reductions in actual emissions will occur before the onset of emission increases from the stationary source or modification;

(2) a demonstration that other stationary sources owned or operated by the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clean 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 outweigh the environmental and social costs incurred, considering factors such as alternative 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 notice and opportunity for a 30 - day public comment period on the department’s proposed permit or proposed denial. The department will issue a permit only if the department finds that the applicant 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 under this section, the department will include

terms and conditions

(1) as necessary to ensure that the proposed stationary source or modification will meet the requirements of this section, including terms and conditions consistent with

AS 46.14.180 forRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

69 (A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department, at locations and intervals specified 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 process 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 obtain a construction permit before

(1) constructing a new major source of hazardous air pollutants subject to that standard; (2) reconstructing a major source of hazardous air pollutants subject to that standard; or (3) reconstructing a major source of hazardous 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 “department” for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and submitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

70 (1) the department will prepare a report that contains a preliminary decision to approve or deny the permit application; the department will make a decision to issue the permit only if the department determines that the criteria 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 preliminary decision to deny the permit application, the owner, operator, or permittee may submit additional information for the department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates by which the applicant must submit any additional information under this paragraph;

(B) within 60 days after receiving 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 preliminary 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 with 18 AAC 15.060, will hold a public hearing on the application as described 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 proposed permit in at least one location within the area known or expected to be affected by the 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 requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040; (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.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

71 (e) Notification. For each notification that the owner or operator is required to send to the administrator under 40 C.F.R. 63.9, adopted 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 technology (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 owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants 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 exempted 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 unit unless, and until such time as that unit is added to the source category list 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, sec 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 air pollutants unless the department has made a final and effective case-by-case determination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation

for new sources.

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of thisRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

72 section the owner or operator must obtain a notice 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 notice 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. 63.41 are adopted by reference, 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,” “fugitive emissions,” “hazardous air pollutant,” “operator,” “owner,” “potential to emit,” and “stationary source” have the meanings given in AS 46.14.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

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 50.326. Title V operating permits. (a) Obligation for a permit. Except as provided in (b) – (k) of this section, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Part 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 preconstruction 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;

(6) “emissions unit” has the meaning given in AS 46.14.990;

(7) “stationary source” has the meaning given in AS 46.14.990;

(8) “administrator” means the administrator of EPA, except that “administrator” or “regional administrator” means the department atRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

73 (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 not apply. To be timely, an application for renewal must also satisfy 40 C.F.R. 71.5(a)(1)(iii). Application 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 requirements 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, modification 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 50.034(a). The owner or operator of an existing Title V source who is planning a modification that requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I and 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 qualify for this option, the application must satisfy the requirements for both the Title I and Title 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 and are replaced by (d) - (i) of this section. Emission 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 under

(i) 18 AAC 50.201; (ii) a construction permit issued under this chapter; or

(iii) a permit issued before January 18, 1997; orRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

74 (C) a stationary source-specific 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, and 18 AAC 50.090 that applies to insignificant emission units at the stationary source;

(3) the application must list each emission unit at the stationary source that is identified as insignificant under (e) or (g) of this section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriately listed as insignificant;

(4) the application may not omit information needed to evaluate the fee required under 18 AAC 50.410;

(5) the application must include compliance certification based on reasonable inquiry for insignificant emission units; a compliance 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 conditions for monitoring, record keeping, and reporting if the conditions are necessary to assure compliance with requirements identified in (2)

of this subsection.

(e) Applications – insignificant emission units: emission rate basis. Except as provided in (d) of this section, 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 shall demonstrate that an emission unit listed as insignificant under this subsection 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;

(7) 0.15 TPY of fluorides; (8) 0.35 TPY of sulfuric acid mist;

(9) 0.5 TPY of hydrogen sulfide;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

75 (10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide;

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate

matter; (13) two TPY of municipal waste combustor acid gases, measured as Sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances 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 pollutant not listed in (1) – (15) of this

subsection.

(f) Applications – insignificant emission units: category basis. Except as provided in (d) of this section, the following categories of emission 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 aqueous 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 equipment that must have an emission control device to comply with 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 other analyzers;

(6) sampling connections used exclusively to withdraw materials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipment;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

76 (10) individual laboratory hoods;

(11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial, or commercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activities such as routine housekeeping, grounds keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, applying insulation 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 primary business activity of the stationary source, and do not otherwise require a permit revision; this category does not include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal combustion engines used to provide 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, cutting, and soldering operations used in incidental maintenance;

(17) recreational fireplaces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption including cafeterias, kitchen facilities, and barbecues located at a source for providing food 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 tumblers for fabrics using water solutions of bleach or detergents;

(22) janitorial services and consumer use of janitorial products;

(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;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

77 (25) personal care activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wastewater treatment 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 subject to 18 AAC 50.065;

(32) non-commercial smokehouses;

(33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and storage 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 equipment for hot melt adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes; (46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; thisRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

78 category does not include associated power generation equipment;

(48) equipment used exclusively to slaughter animals; this category does not include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (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 radiant energy such as blueprint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic 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;

(64) environmental chambers that do not use hazardous air pollutant gasses;

(65) steam vents and safety relief valves not emitting process chemicals;

(66) air compressors, pneumatically operated systems, and related hand tools;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

79 (67) digester chip feeders;

(68) process water and white 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 devices and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam-heated drying ovens or autoclaves, excluding the articles or substances being processed in the ovens or autoclaves and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, 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 organic compounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vents; this category does not include venting at oil and gas production facilities;

(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;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

80 (87) engine crankcase vents and 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 gas streams used as buffer or seal gas in rotating pump and compressor seals;

(95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment; (97) pipeline maintenance pigging activities;

(98) truck, car, or aircraft 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 maintenance or decommissions;

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be moved by hand from one location to another; (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-treating 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:Register 205, April 2013 ENVIRONMENTAL CONSERVATION

81 (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 not 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 closur e and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of but ane, propane, or liquefied petroleum gas (LPG) storage tanks with vessel 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, propa ne, or liquefied petroleum gas (LPG); emission units under this paragraph do not include internal combustion engines;

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under this paragraph do not include internal 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 include internal combustion engines; (9) a combustion emission unit with a rated capacity less than 450,000 Btu per hour if burning wood waste or waste paper; emi ssion 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 using 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 using less than two gallons per day of any combination of inks, coatings, adhesives, fount ain solutions, thinners, retarders, or nonaqueous solutions if they do not contain hazardous air pollutants;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

82 (14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with barometric 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 two gallons per day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids;

(20) cleaning and stripping activities and equipment using 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 closures used exclusively to pump, load, unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspension containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water-based lubricants for metal working if the organic content of the lubricant is less than 10 percent;

(24) municipal or industrial wastewater chlorination facilities 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.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

83 (h) Applications – insignificant emission units: case-by-case basis. This subsection lists emission units or activities that may be insignificant 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 listed 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 Discharge Elimination System), and that are used solely for settling suspended solids and 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 have significant emissions, but are considered administratively insignificant emission units for the purpose of operating permit applications: (1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and (3) agricultural activities on the property 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;

(2) the department will include the expiration date in the permit; the permit duration and expiration provisions 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 section will also be subject to the standard operating permit conditions and other permit conditions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviations is subject to the department’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;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

84 (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 enforceable and not subject to affected state review;

(6) inspection and entry requirements are 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 the notice by postal mail, the department will send the notice to the person by postal mail;

(2) the department will only 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 the 45-day review period in AS 46.14.220 and the department has not issued the final permit, the department 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; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising the objection during the public comment period was impracticable or that grounds for the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegated 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 delegated in accordance with the provisions of this section,” in 40 C.F.R. 71.10; (5) a permit under this section becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final decision to approve or deny an applicationRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

85 for a Title V permit, the department will notify 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 a pplication, the department will include the reasons for denial; (7) the department will keep for five years any record and submit to the federal administrator any information that the federal administrator may reasonably require to ascertain whether the state Title V permit program complies 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, Regist er 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

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 operating permits: standard permit

conditions. (a) Subsections (b) – (o) of this section 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 section in each minor permit and construction permit. The conditions set out in (m) – (o) of this section do not apply to visible emissionsRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

86 observations by smoke readers, except in connection with required particulate 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 violation of AS 46.14, this chapter, and, except for those terms or conditions designated in the permit as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, 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 enforcement 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 changes or anticipated noncompliance does not stay any permit

condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.

(h) The permittee shall allow the department 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; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

87 (4) sample or monitor substances or parameters to assure compliance with the permit or other applicable requirements.

(i) The permittee shall furnish to the department, 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 records 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 application, report, affirmation, or compliance certification submitted to the department and required under the permit by including the signature of a responsible official for the permitted stationary source following the statement: “Based 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.” 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 explicitly required by the permit, the permittee shall conduct source testing as requested by the department to determine compliance with applicable permit requirements.

( l ) The permittee may request an extension to a source test deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department ’s appropriate division 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 the 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.

(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 provide preliminary results in a shorter period of time specified by the department. (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)Register 205, April 2013 ENVIRONMENTAL CONSERVATION

88 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 p ermits: 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 requirements 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 Pollution Prohibited, as revised 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 Title 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 III – Excess Emissions and Permit Deviation Reports, as revised as of September 27, 2010;

(3) Standard Permit Condition IV – Notification Form, as revised as of September 27, 2010;

(4) Standard Operating Permit Condition V – Insignificant Sources, as revised as of September 27, 2010;

(5) Standard Operating Permit Condition VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII – Operating Reports, as revised as of September 27, 2010.

(7) Standard Operating Permit Conditions XIV – Document Submittals and Electronic Copies, as revised as of August 20, 2008;

(8) Standard Operating Permit Condition XV – Emission Inventory Reporting, as revised as of September 27, 2010;

(9) Standard Operating Permit Condition XVI – Emission Inventory Reporting Form, as revised as of September 27, 2010.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

89(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements 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 205, April 2013 ENVIRONMENTAL CONSERVATION

90 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 Gas-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 pads 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 control 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 205, April 2013 ENVIRONMENTAL CONSERVATION

91 (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, Register 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; repealed 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 drilling rigs and associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, Register 171)Register 205, April 2013 ENVIRONMENTAL CONSERVATION

92 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 user 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 shall pay to the department the annual permit administration fees listed in this subsection. Permittees 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 cost 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 the 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 power 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 that is an oil-and-gas source or thermal soil remediation unit, theRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

93 (A) annual permit fee is $2,045; and

(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 operating under the department’s general operating permit for diesel engines, the annual 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 review fees and annual permit fees for original permits are not refundable.

(c) Before the department takes action on any permit application received, and unless the minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50.502 and not subject to (j)(3) – (8) of this section who requests a minor permit must pay a nonrefundable one-time permit fee of $2,665. However, if fast-track procedures are not available under 18 AC 50.542(b)(1), the permittee, 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 general 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 develop 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 205, April 2013 ENVIRONMENTAL CONSERVATION

94 (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 fees in (c) of this section or a general minor permit fee in (d) of this section; or

(2) required to have a minor permit 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 approval 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 review, action or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50. 502, the permittee, owner , 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 processing 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 preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(1) for an ORL,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

95 (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 annual compliance review fee under (a) or (e) of

this section.

(2) for a preapproved emission limit for 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 facility 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 regulatory service is subject to a fixed fee set out in (a) – (i) of this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 18 AAC 50.403, the permittee, owner, or operator shall pay an hourly permit administration fee for a designated regulatory service. 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, and by adding to the resulting amount 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 pollutant, 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 described in 18 AAC 50.502(b)(1);

(4) a thermal soil remediation unit described in 18 AAC 50.502(b)(2);

(5) a rock crusher described in 18 AAC 50.502(b)(3);

(6) an incinerator described in 18 AAC 50.502(b)(4);Register 205, April 2013 ENVIRONMENTAL CONSERVATION

96 (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 construction 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 revising a plantwide applicability limitation (PAL) without an ambient air quality analysis;

(12) a minor permit establishing or revising a plantwide applicability limitation (PAL) with an ambient air quality analysis;

(13) an adjudicatory hearing 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 department 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 terms 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 request 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;

(21) compliance and enforcement activities, including preparation of a notice or violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enforcement 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; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

97 (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 meaning 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 generator or natural gas-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 pollutants 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 exploration for, extraction of, processing of, transportation of, or storage of crude oil, natu ral gas, or other petroleum products, or related activities; "oil-and-gas source" does not include a petroleum refinery 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 described 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 power

(ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total less than 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

98 (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, Re gister 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 may request a negotiated service agreement under AS 37.10.052(b) for that designated regulatory service. If requesting a negotiated service agreement for one or more of the following designated 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 new 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;

(6) a major modification of a major stationary source, for which a limit is requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);Register 205, April 2013 ENVIRONMENTAL CONSERVATION

99 (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 application before January 29, 2005 and the department has not yet worked on that permit application, at the request of the applicant, the department will process the permit under the provisions 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 assessable 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 tons 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 required to obtain an operating permit under AS 46.14.130(b), an emission fee rate of $28.57 per 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 receipts account under AS 46.14.265;

(2) for stationary sources not subject to (1)(A) of this subsection 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 control 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’s

(1) potential to emit; or (2) projected annual rate of emissions, as that term is used in AS 46.14.250, if demonstrated byRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

100 (A) an enforceable test method 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 standard under 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are subject 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 emissions 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 requi red 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 the 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 projected 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 notification 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 notification, 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 portable oil and gas operation for which the owner or operator submits a new application or notification for operation under the general minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

101 (i) $1,336 for operation at one or more ice pads during a winter drilling season;

(ii) $4,008 for operation during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation 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 that six and no more than 10 wells under the same application or notification 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, Re gister 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 fixed 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 person required to pay the fee.

(b) On or before the 15th of each month, the 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.

(c) Fees assessed under this chapter are due within 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.Register 205, April 2013 ENVIRONMENTAL CONSERVATION

102 Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emission 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 the department with the first installment before the due date described in (c) of this section.

(e) If installment payments are requested under (d) of this section, the remaining three installments, including interest accrued as described in (c) of this 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 effective 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 stationary 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 sources' 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, the department will include an itemized list of charges and credits for the billing period and a calculation of total credit balance or amount due on the account. For permit administration fees for designated regulatory services under 18 AAC 50.400(j), the department will also include as part of the itemized list the

(1) date on which the task was performed 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)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240 AS 46.14.255Register 205, April 2013 ENVIRONMENTAL CONSERVATION

103 18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who disputes the computation of charges may request

review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

(c) Repealed 7/11/2002. (Eff. 1/18/97, Re gister 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 benefits” 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 205, April 2013 ENVIRONMENTAL CONSERVATION

104 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 control 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 new major stationary source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference 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 issued 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 stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before relocation if the stationary 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 section, the owner or operator must obtain a minor permit under this section before construction, operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five tons 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 capacity 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;

(5) a coal preparation plant; orRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

105 (6) a Port of Anchorage stationary source.

(c) The owner or operator must obtain a minor permit under this section before

(1) beginning actual construction 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; or

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon monoxide nonattainment area;

(F) 10 TPY of direct PM-2.5 emissions; or

(2) beginning actual construction or, if not already authorized in a permit under this chapter, beginning 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 emission 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 than an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; orRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

106 (iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area;

(v) 10 TPY of direct PM-2.5 emissions; or

(B) actual emissions and a net emissions 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 monoxide nonattainment area; or

(v) 10 TPY of direct PM-2.5 emissions.

(d) An owner or operator may satisfy the requirement for a minor permit under this section through a stationary source-specific 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 listed in (b) of this section

(1) if operating under an operating permit issued before October 1, 2004 may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration 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 operate under a general operating permit that was issued before October 1, 2004 and that has not expired or been revoked by the department as of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration 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.

(e) For the purposes of (c)(3)(B) of this section, actual emissions shall be calculated by comparing projected actual emissions to the baseline actual emissions. In determining the projected actual emissions, before beginning actua l construction, the owner or operator of the stationary source shallRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

107 (1) consider all relevant information, including historical operational data, the owner’s or operator’s own representations, the owner’s or operator’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 regulatory authorities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the extent 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 emi ssions following the project that an existing unit could have accommodated during the 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 applicability 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 possibility exists that the project 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 record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a description of the 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 emissions, the projected actual emissions, the amount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric 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 monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual 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;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

108 (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 that 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 operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the report 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 telephone number of the stationary source;

(B) the annual emissions as calculated under (3) of this subsection;

(C) any other information that the owner 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 emissions” 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 definition the term “major stationary source” is revised to read “stationary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” 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 the meaning given in 40 C.F.R. 52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net emissions increase” 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; notwithstanding 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 restricted to a significant emissions 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 section, rather than whether the modification is a major modification;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

109 (4) “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected 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 th at 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.

(i) For the purposes of this section, fugitive emissions will not be included for determining if a minor permit is required, unless the source belongs 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, Register 171; am 12/ 1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 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 50.508. 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 provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revised under this chapter;

(4) establishing actual emission reductions from an existing stationary 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; or

(C) PAL major modification;

(5) establishing an owner requested limit (ORL) to avoid one or more permit classifications under AS 46.14.130 at a stationary source 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; orRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

110 (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. (Eff. 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 term or condition may be made solely through the applicable Title V operating permit amendment 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 minor 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 Identification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit application under 18 AAC 50.502 must include

(1) the information required in the following 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 ; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

111 (2) for a permit for construction, modification, 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 interfere 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 ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification 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 application 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 average 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 department requests an analysis for a stationary source classified 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 opera tion of the stationary source or emissions

increase from the modification will not cause or contribute to a violation of the ambient air quality standards for carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stationary 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.

(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 reference in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions 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 provideRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

112 actual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representing 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 50.508(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 established the permit term or condition;

(2) an explanation of why the permit term or condition should be revised or rescinded; (3) the effect of revising or revoking 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 applicant for that type of permit, unless the revised condition would also allow the owner or operator to avoid the classification.

( l ) One-hour nitrogen dioxide exemption. A permit applicant is not required to demonstrate compliance with the one-hour nitrogen dioxide standard in 18 AAC 50.010(5)(B), unless the department finds that the emissions have a reasonable likelihood of causing or significantly contributing to ambient concentra tions that exceed the one-hour nitrogen dioxide standard, and makes a written request for a de monstration. (Eff. 10/1/2004, Register 171; am 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 minorRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

113 permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 if the application qualifies 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 Nikiski 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 established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the department, 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 notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day public comment period under (d) of this section; if a comment period is requested, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b), the application must include a screening ambient air quality analysis in accordance with (c) of this section, unless the department has made a finding inRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

114 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 available only if all predicted air pollutant concentrations meet the compliance criteria 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 after 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 developed by the department or otherwise approved by the department that is suitable for fast-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the resulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorological 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 averaging 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 predicted concentration resulting from the proposal is less than the significant impact level in Table 5 in 18 AAC 50.215(d);

(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 ambient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described 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 ambient air concentration from the previous analysis, plus the previous background concentration, plus the highest predicted ambientRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

115 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 under 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 after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance with AS 46.14.160(c), the department will make a preliminary 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 Public 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 who requests 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; and

(iii) by other means the department finds necessary for informing the public;

(C) the department will make available 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;

(iii) the reasons for the department’s preliminary approval or denial; and

(iv) if the department proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

116 (E) the department will make a preliminary decision to approve the application only if the application includes all information required by 18 AAC 50.540, and the department finds that the approval criteria 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 applicant, and any person who commented on the department’s preliminary decision, of the depa rtment’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 notification 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 procedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions 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;

(2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and operation of the stationary

source will cause an ambient concentration that 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 departmentRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

117 finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation 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 department 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 section remains in effect until changed by another Title I permit or by an action by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted 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 writing 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, Register 172; am 7/25/2008, Register 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 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 fees in accordance with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions established under 18 AAC 50.201, as applicable;

(4) include the requirements of an owner requested limit under 18 AAC 50.225Register 205, April 2013 ENVIRONMENTAL CONSERVATION

118 that applies to the stationary source;

(5) include the standard permit conditions in 18 AAC 50.345, as applicable;

(6) include conditions as necessary to protect ambient air quality; and

(7) include, as needed, conditions required 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 chapter, including terms

and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and 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 requiring the owner or operator to

(A) perform regular maintenance considering 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 kept 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 contribute 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 conditions under AS 46.14.180 for (A) installation, use, and maintenance of monitoring equipment;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

119 (B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and 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 performance tests for emission limits under 18 AAC 50.050 – 18 AAC 50.090; and

(3) terms and conditions requiring maintenance of equipment according to the manufacturer’s or operator’s maintenance procedures, including requirements 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 this chapter. In the minor permit, the department will set out a time period between required affirmations as appropriate to the stationary source 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 include

(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 considers necessary to prevent 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 ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment; (B) sampling emissions according to the methods prescribed by the department and at locations, intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

120 (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 specific 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 operator 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 will 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 the 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; or

(2) made it possible to avoid a Title V permit, 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, Regi ster 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 ofRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

121 the permittee or on the department’s own 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 construction or operation of stationary 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 opportunity for public comment on the department’s proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electronic 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 inspection in the affected area

(A) a description of the 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 department’s proposed action;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

122 (D) a copy of the proposed permit and 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 hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each general 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;

(3) identification of all equipment to be operated under the general minor permit;

and (4) a certification by the applicant that the stationary 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 owner 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 section to operate under the general minor permit. If the general minor permit 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 permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and if the stationary source meets all of the qualifying criteria and operates in compliance with theRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

123 general minor permit, the owner or operator may construct or operate under the permit immediately after the department receives a completed notification form. The general minor permit authorizes construction or operation only for

(1) equipment identified in the application or notification; and

(2) a location identified 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 commencing 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; and

(5) any other terms and conditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general minor permit at additional locations not identified in the permit application 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 meet 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 205, April 2013 ENVIRONMENTAL CONSERVATION

124 Article 6. (ReservedRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

125 Article 7. Conformity

.

Section 700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 705. Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of responsible agency 710. Transportation conformity: incorporation by reference of federal regulations 715. Transportation conformity: interagency consultation procedures 720. Transportation conformity: public involvement 725. General conformity: incorporation by reference of federal regulations 730. General conformity: mitigation of air quality impacts 735. General conformity: frequency of conformity determinations

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 . The purpose of

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, program project, or federal action within a nonattainment or maintenance area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally-funded or federallyapproved; or (2) the project is nonfederally funded but is a regionally significant project that is funded, adopted, or approved by a current or pr ior recipient of funds under 23 U.S.C. or 49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations of responsible agency. (a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to

(1) a transportation plan, program, or project within a nonattainment or maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 5338; or (2) a project that is nonfederally funded, but that is a regionally significant project funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act)

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all federally-funded or approved actions within a nonattainment or maintenance area not described in (a) of this

section.

(c) It is the obligation of the responsible agency to meet the applicable requirements of 18 AAC 50.700 - 18 AAC 50.735. For purposes of

(1) transportation conformity under 18 AAC 50.710 – 18 AAC 50.720, “responsible agency” means the agency that

(A) receives or manages the federal money for the transportation plan,Register 205, April 2013 ENVIRONMENTAL CONSERVATION

126 program, or project referred to in (a) of this section;

(B) develops the transportation plan, program, or project referred to in (a) of this section; or

(C) funds, adopts, or approves a nonfederal, regionally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53;

(2) general conformity under 18 AAC 50.725 – 18 AAC 50.735, “responsible agency” means the federal agency that is responsible for the funding or for approval of the action referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: incorporation by reference of federal regulations. An agency subject to 40 C.F.R. Part 93 shall comply with the following federal regulations, as revised as of July 1, 2009, adopted by reference:

(1) 40 C.F.R. 93.100 (Purpose);

(2) 40 C.F.R. 93.101 (Definitions);

(3) 40 C.F.R. 93.102 (Applicability);

(4) 40 C.F.R. 93.103 (Priority);

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations);

(6) 40 C.F.R. 93.106 (Content of transportation plans);

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, programs, and projects: General);

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model);

(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation);

(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of TCMs);Register 205, April 2013 ENVIRONMENTAL CONSERVATION

127(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and proce dures: Projects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO, PM-10, and PM2.5 violations (hot spots));

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM-10 and PM-2.5 control measures);

(18) 40 C.F.R. 93.118 (Criteria and procedures: Motor vehicle emissions budget); (19) 40 C.F.R. 93.119 (Criteria and procedures: Interim emissions in areas without motor vehicle emissions budgets);

(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan failures); (21) 40 C.F.R. 93.121 (Requirements for adoption or approval of projects by other recipients of funds designated under title 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Laws);

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportationrelated emissions); (23) 40 C.F.R. 93.123 (Procedures for determining localized CO, PM-10, and PM-2.5 concentrations (hot-spot analysis));

(24) 40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the applicable implementation plan (or implementation plan submission));

(25) 40 C.F.R. 93.125 (Enforceability of design concept and scope and projectlevel mitigation and control measures);

(26) 40 C.F.R. 93.126 (Exempt projects);

(27) 40 C.F.R. 93.127 (Projects exempt from regional emissions analyses); and

(28) 40 C.F.R. 93.128 (Traffic signal s ynchronization projects). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

Editor's note: The regulations of the Federal Highway Administration and the Federal Transit Authority concerning fiscal constraint referred to in 18 AAC 50.710(8) may be found atRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

128 23 C.F.R. 450.216(m), 23 C.F.R. 450.322(f)(10), and 23 C.F.R. 450.324.(h).

18 AAC 50.715. Transportation conformity: interagency consultation procedures. (a) Before issuing a final conformity determination under 18 AAC 50.700 - 18 AAC 50.720, the responsible agency described in 18 AAC 50.705(c)(1), shall

(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regiona lly significant project that is not funded under 23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for which alternative locations, design concept and scope, or the no-build option are still being considered;

(2) prepare a preliminary interagency discussion draft, a public review draft, and a final draft of the conformity determination through the interagency consultation process described in (b) - (g) of this section with staff of

(A) the department;

(B) the local air quality planning agency;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency;

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

(F) the United States Environmental Protection Agency;

(G) the Federal Highway Administration;

(H) the Federal Transit Administration; and

(3) make the public review draft of th e conformity determination available for public review and comment as required in 18 AAC 50.720.

(b) A staff member of the responsible agency shall

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a preliminary interagency discussion draft of the conformity determination, including necessary supporting information;

(2) ensure that all documents and information relevant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written agency comments and written responses mustRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

129 be included in the record of any conformity decision or action.

(c) In preparing the preliminary interagency discussion draft, a staff member of the responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traffic demand and regional emissions model, and associated methods and assumptions to be used in a hot-spot analysis or a regional emissions analysis; (2) determine which minor arterials and other projects should be considered regionally significant for purposes of a regional emissions analysis, in addition to those regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise exempt from the requirements of 18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions impacts or other adverse emissions impacts might exist for any reason;

(4) determine, as required by 40 C.F.R. 93.113(c)(1), adopted by reference in 18 AAC 50.710, whether past obstacles to implementation of a transportation control measure (TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710, that is behind the schedule established in the state implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs; the interagency consultation process must also consider whether delays in TCM implementation necessitate a revision to the state implementation plan to remove or to substitute a TCM or other emission reduction measures;

(5) determine, as required by 40 C.F.R. 93.121, adopted by reference in 18 AAC 50.710, (A) that a regionally significant project

(i) is included in a regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not included in the TIP for the purposes of project selection or endorsement; and

(ii) design concept and scope have not changed significantly from those included in the transportation plan, TIP, or regional emissions analysis; or

(B) that, based on the requirements for a project that is not from a conforming transportation plan and TIP, as specified in 40 C.F.R. 93.118 and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710,

(i) there is a currently conforming transportation plan and TIP, and a new regional emissions analysis that includes the regionally significant project; andRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

130 (ii) the currently conforming transportation plan and TIP will still conform if the regionally significant project is implemented;

(6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 50.710, projects located at sites

(A) within a PM-10 nonattainment area identified in 18 AAC 50.015(b)(2), or within a PM-2.5 nonattainment area, if any, identified in 18 AAC 50.015(b)(2); and

(B) that have vehicle and roadway emission and dispersion characteristics essentially identical to those at sites that have air quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis;

and

(7) notify staff of participating agencies of any revision or amendment to a transportation plan or TIP that merely adds or deletes an exempt project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC 50.710.

(d) In addition to the consultation described in (c) of this section, a staff member of the responsible agency shall consult with staff of the state and local agencies listed in (a)(2) of this

section to (1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, adopted by reference in 18 AAC 50.710;

(2) consider an emissions analysis for transportation activities that extend beyond the boundaries of a local governing body, nonattainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model development by the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing body and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance

area. (f) After completing the interagency consultation process, the responsible agency shall prepare the public review draft of the conform ity determination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.

(g) After opportunity for public review and comment on the public review draft of the conformity determination, the responsible agency shallRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

131 (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 listed in (a)(2) of this section and provide the supporting information upon request.

(h) The department will refer to the governor for resolution any conflict between state agencies or between state and local agencies that cannot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days after notification or a determination that the conflict cannot be resolved. A conformity determination that is the subject of a conflict resolution under this subsection must have the governor's concurrence to be considered final. The department will provide the participating agencies with a copy of its referral to the governor. The governor may delegate the role of resolving a conflict under this subsection and deciding whether to concur in the conformity determination to a state official or agency other than the department , the Alaska Department of Transportation and Public Facilities, or a state transportation boa rd or commission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public involvement . (a) The responsible agency referred to in 18 AAC 50.705(c) shall establish a public involvement process to provide opportunity for public review and comment on the public review draft of the conformity determination before the agency issues a final conformity determination. As required under 40 C.F.R. 93.112, adopted by reference in 18 AAC 50.710, the public involvement process must be consistent with the requirements of 23 C.F.R. 450.316(a), 23 C.F.R. 450.322(i), and 23 C.F.R. 450.324(b), as revised as of April 1, 2009.

(b) The responsible agency shall

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

(A) receive written comments on the public review draft of the conformity determination; and

(B) hold a public hearing or meeting

(i) for a transportation plan or transportation improvement

program;

(ii) for a project that is not included in a transportation plan or transportation improvement program, but that is within a designated nonattainment area listed under 18 AAC 50.015(b) or designated maintenance area listed under 18 AAC 50.015(d); orRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

132 (iii) if a written comment received under (A) of this paragraph requests a public hearing or meeting for a regionally significant project;

(2) consider all comments received and 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 significant project that may not have been properly reflected in the emissions analysis used to support a proposed conformity finding for a transportation plan or TIP, regardless of whether the regionally signi ficant project is receiving federal funding or approval.

(c) Opportunity for public involvement under this section must include access to information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination.

(d) If a project for which the provisions 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)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.725. General conformity: incorporation by reference of federal regulations . In addition to the other requirements of 18 AAC 50.725 - 18 AAC 50.735, a federal agency described in 40 C.F.R. 51.853(b) - (j), as amended through December 1, 1994, shall comply with the following federal regulations, as amended through December 1, 1994, which are incorporated by reference in this chapter:

(1) 40 C.F.R. 51.850 (Prohibition);

(2) 40 C.F.R. 51.852 (Definitions);

(3) 40 C.F.R. 51.853(b) - (j) (Applicability);

(4) 40 C.F.R. 51.854 (Conformity analysis);

(5) 40 C.F.R. 51.855 (Reporting requirements);

(6) 40 C.F.R. 51.856 (Public participation); (7) 40 C.F.R. 51.858 (Criteria for determining conformity of general federal actions); and (8) 40 C.F.R. 51.859 (Procedures for conformity determinations of general federal actions). (Eff. 1/4/95, Register 133)Register 205, April 2013 ENVIRONMENTAL CONSERVATION

133 Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.730. General conformity: mitigation of air quality impacts . (a) The federal agency referred to in 18 AAC 50.725 shall identify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal action; (2) the estimated emission reduction available from an identified mitigation measure; and (3) the process for implementing a mitigation measure including, as applicable,

(A) a description of the funding source for the mitigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; and

(C) the process for tracking emission reductions from a mitigation

measure.

(b) If a mitigation measure involves a separate person or agency, the federal agency making the conformity determination shall, before determining that the proposed federal actionis in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment. A person or agency committing to a mitigation measure under this subsection shall comply with the written obligations stated in the commitment.

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the license, permit, or authorization to fully implement the mitigation measure as a condition for continued approval of the license, permit, or authorization.

(d) A federal agency may modify a mitigation measure if that agency

(1) concludes that the proposed modification supports the conformity determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50.725;

(2) issues a public notice of the proposed modification, using the public participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725;

and (3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)Register 205, April 2013 ENVIRONMENTAL CONSERVATION

134 Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.735. General conformity: frequency of conformity determinations. (a) The conformity status of a federal action lapses five years after the date that a final conformity determination is reported to the department unless

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

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

action within a reasonable time.

(b) An ongoing federal action showing continuous progress is not considered a new action and does not require a periodic redetermination required by this section if the emissions associated with the activity are within the scope of the final conformity determination reported in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c) If, after the final conformity determination is made, the federal action is changed so

that there is an increase in the total of direct or indirect emissions above the levels set in 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 205, April 2013 ENVIRONMENTAL CONSERVATION

135 Article 8. (Reserved)Register 205, April 2013 ENVIRONMENTAL CONSERVATION

136 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, only the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible small business facility may request a change to a requirement under this chapter that

(1) is a work practice or technological method of compliance; or

(2) sets a schedule of milestones preceding a date for implementing a work practice or technological method 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 replace 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 public hearing as provided in AS 44.62.230 if the change would not

cause a violation of (1) the Clean Air Act;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

137 (2) a federally-enforceable requirement; or

(3) state law. (Eff. 1/18/97, Regi ster 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 services provided by the small business assistance program referred to in this section, including 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 program description as it appears in the state air quality control plan, adopted by reference 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 administrator of the United States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990;

(4) "air curtain incinerator" means a device in which large amounts of combustible materials are burned in a rectangular containment equipped with an overfire air
system; (5) "air pollution" has the 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 condition of a preconstruction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,

(A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitation that is enforceable as a practical matter onRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

138 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 quality standards" has the meaning 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 aggregate and mixing asphalt cements; “asphalt plant” includes any combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the stationary source;

(13) "assessable emission" has the 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 reference 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 release of a line securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Class 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;

(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 preparation plant” includes any combination of thermal dryers, pneumatic coal-cleaning equipment, co al processing and conveying equipment, breakers and crushers, coal storage systems, and coal transfer systems within the stationary source;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

139 (23) "commissioner" means the commissioner of environmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a storage tank due to changes in temperature and

pressure;

(25) "construct" or "construction" has the meaning given to “construction” in AS 46.14.990;

(26) "construction permit" has the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department 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) “emission 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 the meaning given in AS 46.14.990 and includes the federal administrator’s designee;

(38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression organization within the Department of Natural Resources, United States Forest Service, or United States Bureau of LandRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

140 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, marine vessels, wood-fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage 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 July 1, 2007 and adopted by reference; or

(B) for all other stack heights, means 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 source” 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 waste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed under natural conditions; in this paragraph, “change in visibility” includes light extinction, at mospheric 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 de vice, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;

(49) "industrial process" means the extraction 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), adopted by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" underRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

141 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 “major 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 “major 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 secure 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 technology” or “MACT” means a maximum achievable control technology emission limitation 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 maximum 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 the meaning given to “modification” in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));

(60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302;

(62) “nonattainment area” means, for a particular air pollutant, an area designated as nonattainment for that air pollutant;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

142 (63) "nonroad engine" has the meaning given 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" 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 emission unit from which an air pollutant could be emitted;

(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 owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL major modification” has the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been airborne and exists as a liquid or solid at standard 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 stationary source engaged in the distillation of petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) “plantwide applicability limitation” 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 with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008; (78) “Port of Anchorage stationary source” means a stationary source located in the Port of Anchorage that contains one or more emission units subject to a standard inRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

143 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning 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" means, 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 environmentally 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;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the meaning 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 adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;

(92) “regulated NSR pollutant” has th e meaning given in 40 C.F.R. 52.21(b)(50), adopted by reference in 18 AAC 50.040(h);

(93) "responsible official" meansRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

144 (A) for a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person whoperforms similar policy or decision making functions for the corporation, or a dulyauthorized representative of that person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $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 proprietorship, 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 responsibility for the overall operations of a principal geographic unit in this state;

(94) “reviewing authority” means the department;

(95) “rig day” means each calendar day that 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 activities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a

source; (98) "small business facility" has 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 boiler’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;Register 205, April 2013 ENVIRONMENTAL CONSERVATION

145 (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 igniting the engine; and

(B) for all other sources, the setting 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 technology 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 emission rate (LAER) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for which the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means construction that is completed in 24 months or less from the date construction begins; “temporary construction activity” includes any period of inactivity during that 24-month period;

(108) “thermal soil remediation unit” means a stationary source that causes petroleum contamination to be desorbed from 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);Register 205, April 2013 ENVIRONMENTAL CONSERVATION

146 (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 reference 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 displaced 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 vola tile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary 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 revised as of July 1, 2009, and adopted by reference;

(122) “weighing anchor” means to begin heaving in the anchor with intent to retrieve it and get underway, regardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device" means a device designed for wood combustion so that usable heat is derived for the interior of a building; “wood-fired heating device” includes wood-fired stoves, fireplaces, wood-fired cooking stoves, and combination fuel furnaces or boilers that burn wood; “wood-fired heating device” 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 withRegister 205, April 2013 ENVIRONMENTAL CONSERVATION

147 drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portable 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; (125) “well servicing activities” means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short 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 pollutant for which a plantwide applicability limitation (PAL) is established at a major stationary source;

(127) “regional administrator” means the administrator of Region X of EPA;

(128) “PM-2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers;

(129) “ozone” means a colorless gas that has a pungent odor and the molecular

form O 3 ; (130) “transportation improvement plan” or “TIP” has the meaning given in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710.

(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. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/ 99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 4/1/2010, Re gister 193; am 12/9/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012, Register 203)

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 46.14.290Register 205, April 2013 ENVIRONMENTAL CONSERVATION

148 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 1993G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 1 of 10 DEC SIP SUBMITTAL REVISION TABLE 2013

Revisions to 18 AAC 50 Dated July 25, 2008; November 9, 2008; May 6, 2009; November 4, 2009; April 1, 2010; July 1, 2010; October 29, 2010; December 9, 2010 ; September 17, 2011 ; September 14, 2012 ; and January 4, 2012 All revisions prior to December 9, 2010, have already been submitted for SIP approval or do not require SIP approval.

PART OF SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA Approval

Date Previous

State

Effective

Date EPA Approval Required Comm ent (Nature of change if any)

18 AAC 50.005 X Purpose of chapter 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.010 X Ambient Air Quality

Standards 10/1/2004
4/1/ 20 10 ; 9/17/ 20 11 ; and 1/4/2013 2/5/07 7/21/98 YES No changes made Adoption of new a nd

revised standards. Adoption of new standard. Adoption of new NO 2 standards.

18 AAC 50.015 X Air Quality

Classifications 10/1/2004

12 / 9 /2010 2/5/07 2/20/04 YES Addition of PM2.5 nonattainment designation

for Fairbanks and North

Pole

18 AAC 50.020 X Baseline Dates 7/25/2008

and 1/4/2012 2/5/07 6/21/98 YES Formatting corrections to 020(b)(2) and Table 3

. Addition of PM

- 2.5 to the

Baseline Areas and Dates

Table 2 and Maximum

Allowable Increases Table 3 as well as clarifying

language to section

includin g new subsection 18 AAC 50.020(g)

. 18 AAC 50.025 X Visibility & Special

Protection 6/21/1998 1/19/99 6/21/98 NO No changes made

18 AAC 50.030 X State Air Quality
Control Plan 11/9 /2008 ; 5/6/09 ; 11/4/09 ; 4/1/10 ; 10/29/10 ; and
8/2/12 2/5/07 10/1 /04 YES A mend adoption by reference date in 030(9); 030 amended to update the State Air Quality Control Plan (multiple changes) and

the adoption by reference

of the updated Quality Assurance Project PlanG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 2 of 10 PART OF SIP ?

SECTION YES NO Title of Section Curre nt State

Effective Date EPA Approval

Date Previous

State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18AAC 50.030(3) X Port of Anchorage

Provisions 7/25/2008 2/5/07 1/18/97 NO Updated language to 030(3);

n o EPA Action Required

18 AAC 50.035 X Documents adopted by
reference 7/25/2008 ; 11/9/2008 ;

4/1/10 ; 12 / 9 /2010 ; 9/17/ 20 11 ; 9/14/ 20 12 ; and 1/4/2013 2/5/07 12/03/05 YES Updated revision dates of adopted documents in 035(a) and 035(b), added 035(a)(7) and (8); updated adoption

da tes; updated revision date in 035(b) ; updated revision date

and Appendix in 035(b) ; adoption by reference of Title V Standard Application and
Forms and AERSCREEN in 035(a); updated adoption date in 035(b)

. Addition of new Appendix to 035(b)(1).
18 AAC 50. 040 X Adoption of federal

standards 7/25/2008;

12 / 9 /2010 ; 9/14/2012 ; and 1/4/2013 2/5/07 12/3/05 YES Updated revision dates of adopted documents in 040(a)

- (j); repealed (h)(17)

- (19) and (i)(7)

- (9); amended language in (h)(20), (i)(10); updated
revision da tes in 040(a)

- (j); added 040(a)(2)(LL)

- (QQ); added 040(c)(34)

- (35); added 040(j)(9) ; updated adoption dates in 040(a)

- (i) ; adopted new subpart in 040(a)(2) and

(c) ; clarified language in 040(h) and (i); adopted a new

subsection 040(k ); added

additional inf ormation in the
Editor’s Note to 040

. Updated revision dates, repealed some language, added a new subparagraph 040(h)(4),

and fixed incorrect references.
18 AAC 50.045 X Prohibitions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.050 X Inciner ator emission

standards 7/25/2008 2/5/07 5/3/02 YES Formatting corrections to Table 4 in 050(b)

18 AAC 50.052 X Repealed 10/ 1/2004 1/19/99 6/21/98 YES EPA must approve repeal of previously approved sectionG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 3 of 10 PART OF SIP ?

SECTION YES NO Title of S ection Current State

Effective Date EPA Approval

Date Previous

State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.055 X Industrial processes & fuel burning equipment 7/25/2008

and

12 / 9/ 2010 2/5/07 10/1/04 YES Clarifyin g language in 055(a)(9)(D); amended 055(a)(9)

18 AAC 50.060 X Pulp Mills 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.065 X Open Burning 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.070 X Marine Vessel Visible

Emissions 6/21/1998 1/19/99 1/18/97 NO No changes made

18 AAC 50.075 X Wood fired heating

devices 1/18/1997

and
5/6/09 1/19/99 1/18/97 NO No changes made
Revisions to CBJ Code

18 AAC 50.080 X Ice Fog (was 50.090) 1/18/1997 2/5/07 1/18/97 YES No changes made

18 AAC 50.0 85 X Port of Anchorage 1/18/1997 N/A N/A Not part of the SIP; No EPA approval or action needed

18 AAC 50.090 X Port of Anchorage 7/25/2008 N/A 10/1/04 N/A No EPA action needed ; amended to include resting requirements

18 AAC 50.100 X Nonroad engines 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.110 X Air Pollution Prohibited 05/26/1972 Prior 80 5/26/72 NO Previously approved

18 AAC 50.200 X Information Requests 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.201 X Ambient Air Qu ality Investigation 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.205 X Certification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.215 X Ambient analysis

methods 7/25/2008 ; 4/1/10 ; 10/29/10 ; 12 / 9 /2010 ; 9/17/ 20 11 ; 9/14/2012 ; and 1/4/ 2013 2/5/07 10/1/04 YES 215(a), (c) repealed and readopted; 215(b) amended; 215(d) Table 5 repealed and readopted; 215(d) amended to add a new subsection; addition of

methods and amended 215(a) to reflect adoption of new QAPP ; adopted PM2.5

SIL ; revised la nguage in 215 (b) and (c); added SIL modeling language toG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 4 of 10 215(d); added

AERSCREEN and deleted

SCREEN3 language in 215(e) Clarified language, added

cross
- references, added

PM

- 2.5 and NO 2 SILs.
PART OF SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA Approval

Date Previous

State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.220 X Enforceable Test

Methods 10/ 1/2004
, 9/17/ 20 11
, and
9/14/2012 2/5/07 1/18/97 YES Adopted source testing for

PM2.5 ; corrected language in 220(c)

18 AAC 50.225 X Owner requested limits 7/25/2008
, 12 / 9 /2010
, and
9/14/2012 2/5/07 1/29/05 YES 225(b) amended to add new subsection; amended 225(a) to add clarifying language ; added a new section 225(i)

18 AAC 50.230 X Pre approved emission

limits 1/29/2005

and
7/1/ 20 10 2/5/07 6/21/98 YES No changes made ; 230(c)(1)(I) and 230(d)(1)(E) amended to

correct cross

- reference to

fees 18AAC50.230(d) X PAEL for gasoline bulk plants 1/29/2005 N/A 6/21/98 NO Not part of the SIP

18 AAC 50.235 X Unavoidable emergencies etc. 10/ 1/2004 N/A 6/14/98 NO No changes made

18 AAC 50.240 X Excess Emissions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.245 X Air Episodes &

Advisories 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.250 X Revising air quality

classification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.260 X Guidelines for BART 12/30/2007

and
7/1/ 20 10 N/A N/A NO New section; no action required; 260(p) amended

to correct cross

- reference to

fees

18 AAC 50.300 X Repealed 10/ 1/2004 2/5/07 5/3/02 YES No changes made

18 AAC 50.301 X Permit continuity 10/ 1/2004 2/5/07 N/A YES No changes madeG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 5 of 10 PART OF SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA Approval

Date Previo us State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.302 X Construction Permits 10/1/2004

12 / 9 /2010

and
9/14/2012 2/5/07 N/A YES 302 amended to add a new subsection (c) ; corrected word in 302(b)

18 AAC 50.305 X Repe aled 10/ 1/2004 N/A 1/18/97 N/A No changes made

18 AAC 50.306 X PSD Permits 7/25/2008 ; 12 / 9 /2010 ; and 1/4/2013 2/5/07 10/1/04 YES Expanded definition of

“federal administrator” in

306(b)(1)(A); repealed 306(b)(2)

- (3); amended leading language of 306(c);

r epealed and readopted 306(b) to clarify definitions

Added cross

- references.

18 AAC 50.310 X Repealed 10/ 1/2004 2/5/07 1/18/97 N/A No changes made

18 AAC 50.311 X Nonattainment & Major

Source 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.315 X Re pealed 10/ 1/2004 N/A N/A No changes made

18 AAC 50.316 X HAPS Major

Construction 12/ 1/2004 N/A YES No EPA action required

18 AAC 50.320 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.321 X Case by Case MACT 12/ 1/2004 N/A N/A No action required

18 AAC 50.322 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.326 X TV Program &

Technical 12/ 1/2004 ; 9/17/ 20 11 ; and
9/14/2012 N/A N/A No action required ; added insignificant emission rate

basis for GHG ; clarified language in 326( c) about timely applications and requiring the use of the

Title V Standard Application and Forms;

clarifying language in 326(i)

18 AAC 50.330 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.335 X Repealed 10/ 1/2004 N/A N/A No action require d

18 AAC 50.340 X Repealed 10/ 1/2004 N/A N/A No action requiredG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 6 of 10 PART OF SIP ?

SECTION YES NO Title of Se ction Current State

Effective Date EPA Approval

Date Previous

State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.341 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.345 X Standard Permit

Conditions 11/9/2008

and
9/14/2012 2/5/07
Except 345(b), (c)(3), & (l) 10/1/04 YES Added minor permits to list of permits that can use standard conditions; amend 345(j) to clarify certification requirements ; clarifying language in 345(m)

18 AAC 50.346 X Other permit conditions 346(a) only 11/9/2008

and

12 / 9 /2010 10/1/04 YES Approval requir ed for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to

update adoption by

reference dates of revised

standard conditions and

adopt a new standard condition; Table 7 was updated to reflect changes;

approval required for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to

update adoption by

reference dates of revised

standard conditions and adopt two new standard

condition s ; Table 7 in 346(c) was updated to reflect changes

18 AAC 50.350 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.355 X Repealed 10/ 1/2004 N/A N/A No act ion required

18 AAC 50.360 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.365 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.370 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.375 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.380 X Repealed 10/ 1/2004 N/A N/A No action requiredG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 7 of 10 PART OF SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA Appr oval

Date Previous

State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.385 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.390 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.400 X Fees 7/25/2008
, 7/1/ 20 10 , and

9/14/2012 2/5/07
(see note

in

comment column) NO 400(e)(3), (f) repealed; (g) amended; (h)(1) amended; (m)(6) repealed; no action required because removed from subject to SIP status, 2/5/07; 400 repealed and readopted to address changes
in fees ; cla rifying language on fees in 400(a), (i), and (j)
18 AAC 50.401 X Repealed 1/29/2005 N/A N/A No action required

18 AAC 50.403 X Fees 12/ 3/05

and
7/1/ 20 10 NO No changes made ; do not desire these fees to be part of

EPA approved SIP ; 403
amended to co rrect cross

reference to fees

18 AAC 50.405 X Transition Process for

fees 1/29/2005 NO No changes made ; do not desire these fees to be part of EPA approved SIP
18 AAC 50.410 X Emission Fees 6/18/09

and
7/1/ 20 10 NO End date for fees extended ; however, not being submitted

and do not desire these fees to be part of EPA approved SIP ;

410 amended to update fees
18 AAC 50.420 X Billing procedures 1/29/2005

and
7/1/ 20 10 2/5/07
(see note

in

comment column) NO No changes made; removed from subject to SIP status, 2/5/07; 420 amended to

correct cross

- reference to

fees

18 AAC 50.430 X Appeal procedures 7/11/2002 2/5/07
(see note ) NO Removed from subject to SIP status, 2/5/07

18 AAC 50.499 X Definitions 1/29/2005 YES No changes made

18 AAC 50.502 X Minor Permits 7/25/2008 ; 12 / 9 /2010 ; and 1/4/2013 2/5/07 12/3/05 YES 500(c) amended; CU and PCP language repealed;

definition revised in 502(b)(6)

Added PM

- 2.5 levels andG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 8 of 10 added a new subsection 502(i) to address fugitive emissions in minor permit applicability

. PART OF SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA Approval

Date Previo us State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.508 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 50 8(1) repealed; 508(5) language amended

18 AAC 50.509 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES Repealed

18 AAC 50.510 X Minor Permits 12 / 9 /2010 XX/xx/2

010 YES Addition of new section 510

to address TI/TV interface

18 AAC 50.540 X Minor Permits 7 /25/2008 ; 12 / 9 /2010 ; 9/14/2012 ; and 1/4/2013 2/5/07 12/ 3/05 YES 540(g) repealed; 540(j)

amended to include new language; 540(c)(2) revised; 540(k) and 540(k)(3)

revised ; clarifying language in 540(k) Added clarifying language,

included PM

- 2.5 in ambient analysis requirements, and

added a new subsection to

address the 1

- hour NO 2 standard.

18 AAC 50.542 X Minor Permits 7/25/2008 ; 12 / 9 /2010 ; and 1/4/2013 2/5/07 12/1/ 04 YES 542(f)(4)

- (5) repealed; (g)(1) amended to delete

reference to repealed language; 542(a) amended

to add additional areas to

list

Added PM

- 2.5 standard

and added a new paragraph to address showing compliance for

modifications.

18 AAC 50.544 X Minor Permits 7/25/2008 ; 11/9/2008 ; and

12 / 9 /2010 2/5/07 1/29/05 YES 544(a) is amended to add a new paragraph; 544(c) and (h) are amended to include new language; 544(e) repealed; 544(a) amendedG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 9 of 10 to add additional language; 544(h)(3) amended
PART OF SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA Approval

Date Previo us State

Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.546 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 546(a) is amended to add new language

18 AAC 50.560 X Minor Permits 10/ 1/2004 2/5/07 YES No changes made

18 AA C 50.700 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.705 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.710 X Conformity 9/ 4/1998
and 4/1/ 20 10 2/28/00 1/4/95 NO No action required ; Transportation Conform ity

18 AAC 50.715 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.720 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.725 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.730 X Conformi ty 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.735 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.900 X Small business 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.910 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No action required

18 AAC 50.990 X Definitions 7/25/2008 ; 4/1/ 20 10 ; 12/9 /2010 ; and 9/17/11 2/5/07 12/ 3/05 YES D efinition s (21) and (77) repealed; amended definitions( 42(A)) and (63) to include revised dates; amended definition (59) to

reference definit ion in the CAA; added definitions (126) “PAL pollutant” and (127) “regional administrator”; new definitions (128)

– (130) and repeal of (35); (101) amended to correct a typo; (121) amended to adopt updated definition date;

Editor’s note added to clarify d efinition due to C.F.R. printing error ; added definitions forG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 1

- hr NO2 SIP Submittal \ Revision Table 2013.docx 10 of 10 greenhouse gases and
CO 2 e ; clarify definitions in 990; delete Editor’s Note

from 12/9/2010

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (e)

Evidence State Procedural Requirements Satisfied:

and

40 C.F.R. Part 51 Appendix V 2.1. (f)

Dated E vidence of Proper Public Notice:

and

40 C.F.R. Part 51 Appendix V 2.1. (g)

Certification that Pub lic Hearings were Held if Applicable:

Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information signed by Rebecca Tyson Smith

dated May 17, 2012

.

Public Notice signed by Commissioner Larry Hartig dated March 2,

201 2

.

Supplemental Public Notice signed by Commissioner Larry Hartig

dated April 6, 2012

.

Public Notice Cancelling the Public Hearing, published on

- line starting April 3, 2012.

Affidavit of Publication
, Anchorage Daily News
, dated March 4

- 5 , 201 2 (affidavi t signed March 28, 2012 ).

Affidavit of Supplemental Publication
, Anchorage Daily News
, dated April 8

- 9, 2012 (affidavit signed April 24, 2012 ).

Affidavit of Publication, Fairbanks Daily News Miner, dated March 5

- 6,

2012 (affidavit signed March 6, 2012 ).

### Affidavit of Supplemental Publication, Fairbanks Daily News Miner,

dated April 8

- 9, 2012 (affidavit signed April 9, 2012 ).

Affidavit of Publication, Juneau Empire, dated March 6

- 7 , 201 2 (affidavit signed March 28 , 2012 ).

Affidavit of Supplemental Public ation, Juneau Empire, dated April 8

- 9,

2012 (affidavit signed May 16 , 2012).

Affidavit of Oral Hearing Cancellation signed by Rebecca Tyson Smith

dated May 17, 2012

.STATE

OF ALASKA

) ss. FIRST JUDICIAL DISTRICT

) AFFIDAVIT

OF NOTICE

OF PROPOSED ADOPTION

OF REGULATIONS AND FURNISHING

OF ADDITIONAL INFORMATION I, Rebecca
Tyson Smith, Environmental

Program Specialist,

of the Department

of Environmental Conservation,

being sworn,

state

the following: As required

by AS 44.62.190,

notice

of the proposed adoption

of changes

to

18 AAC

50, Air Quality Control, adopting

new standards, maximum allowable increases, significant

impact levels,

and emission thresholds

for specific

air pollutants

and adopting associated clarifying changes; adopting revisions

to the State

Air Quality Control

Plan

in

18 AAC 50.030

to comply

with federal Clean

Air Act requirement;
updating adoption

by reference

dates

of federal rules; repealing language duplicated

by other regulations;
adopting revised language

and clarifications to provide consistency

with earlier amendments;

adding

new language clariing
permit applicability;
adopting revised language

to clarify modeling requirements;

and expanding

the fast track permitting

option

to include minor permits classified

for fine particulates (PM-2.5)

has been given

by being (I) published

in

a newspaper

or trade publication; (2) furnished

to interested persons

as shown

on the attached

list; (3) furnished

to appropriate

state officials; (4) furnished

to the Department

of Law, along
with

a copy

of the proposed regulations; (5) electronically transmitted

to incumbent

State

of Alaska legislators; (6) furnished

to the Legislative

Affairs Agency, Legislative

Legal

and Research Services; (7) posted

on the Alaska Online Public Notice System

as required

by AS 44.62.1 75(a)(

I) and

(b) and 44.62.1 90(a)(

I); (8) furnished electronically,

along
with

a copy

of the proposed regulations,

to the Legislative

Affairs Agency,

the chairs

of the Resources Committeesof

the Alaska Senate

and House

of Representatives,

the Administrative Regulation
Review Committee,

and
the legislative council. As required

by AS 44.62.190(d),
additional regulations

notice information regarding

the proposed adoption

of the regulation changes described

above

has been furnished

to interested persons

as shown

on the attached

list and those

in (5) and

(6)
of the list above.

The additional regulations

notice information also
has been posted

on the Alaska Online Public Notice System. DATE:

/ $jA 7/a Juneaixaska

Re ecca Tyson

S, Environmental

Program SpecialistStale

of Alaska My commission

expires:

MI SUBSCRIBED

AND SWORN

TO before

me this

/ 1day of___________

ZCf

2.If-,

/ [NOTARY

SEALI

Notary PubIi.v

P for the__•..,.-..-..L--.—Actions-gsave)CancelTInJe/SetjoctIt’N02Staod&dsandWrariidi.eSW5p1e.TieriIPubNcMonte.extendligcoriwnentdeadliatoAfd24,2012TypePubIcNotices/ProposedActions:RegulationsSletusFNiaOzed

4En.ei(36)ReciØenlS(36)NameEmailStatusStatusDatepWebr)-r.ITwitterAustin,Philiphmh-paustinIgd.netsent4/6/20)2210PMBausman,Hyreenb.usmon@drconsulting.comSent4/6/20122:10PMAttachments(B)Blockmore,Michellemichelle.bl.ckmore@alaslco.govSent4/6/20122:10PMMoteseltkesley,Andreaandrea_blabsley@nps.govsent4/6/20122:10PMSloecher,PatuickpabloedwrtnithtocgSoil416/2012210PMaRENA,JEMIETTEJewe(te.brenaCcar&m.cQnSene46/2012210PMauckbee,Rachelrathel.buclteeC’bp.cornSenet4/6/20122.10PMBURKE,TIMOT1Wthnoohy.burketavcenergy.coniSent4/6/20122:10PMCnrnezld.Mertamalaaarne2lS.steigeitcon,Sent4/6/16122:10PMDuggins.Simssims.dugginszaecom.comSent416/20122:00PMEDWARDS,ALICEalice.edwards@alasIca.govSent4/6/20122:10PM

%Fowler,Paulapaula.iowler@elmendorf.al.mllSent4)6/20122:10PMGraham,Danieldan@pacrimcoal.comSent4)6/20022:10PMKIMBALLCOURTNEYcldmbollçslrconsulting.cornSent4/6/20022:10PMLekanol,Jolenejlekanoi@tdypower.comSent4/6/20122:10PMIJNOSEY,CHRISTOPHERchndsey@slrconsulting.comSent4/6/20122:00PMLOWrHER,SEM*,itiertbdae’p.conisent4)6/20122:10PMMcCauand,Heatherheather.mccauslsdcyahoo.ccenSent4)6(20122:10PMMenefee,COwlschsles.n,eneteectectcoenSent4/6/20022:10PMMuon,Treni,we4s,mdhonCmarshcreedc.comSent4/6/20122:10PMWBOtftD,DeMISEthevkouidc.eearoc000tings.etSent4/6/20122:10PP.4Richcreek,JennirerJrlchcreelc®kodlatcoopSent4)6/20122:10PMRiste,Alanaariste@drvonsultEng.comSent4/6/20022:10PMRoberts,Robei’trrober24@csc.comSent4/6/20022:10PMRyan,sallyselly.ryan@cardno.comSent4/6/20022:10PMSARAN,JENIIIFORJsaran@hecla’minlng.comSent4/6)20122:10PMSdiuler,Menelen.schuler@alaskagovSent4)6/20122:LOPMSIRCasilmng

/AssociateScientistaluson@*cor.sdteiocanSees4/6(20122:10PMSMITH,PBECCArebeccesmlUo@Meska.govSent4/6/20022:10FMSPOS6O,MARiCmertspano®avn.u.bizSent4/6/20022:10PMspano,Moatmt.spanoqannj.NzSent4/6/3002210PMStrang,EnierttstrangCtwosinSent4/6/2012210PMStringhem,KatherInekatherlne.enlngharn.us.al.m,lSent4/6/20022:10PMTrbo’ach,Alanaotovlch@slrconenltlng.comsent4/6/20022:10PMWalker,Marlinwhitt.walker@mda.milSent4/6/20122:10PMOpentndMdualReloadRecipientsPublic Notificatioti
[Editj>>

0 Actions-

Save “Cancel Titie/Sobject

I-hr N02 Standards

and Infrastructure

SIP Supple.nental

Public Notice. extenduig comment deadline

to ApnI

24, 2012 Type

Public Notices/Proposed

Actions:

State Implementation

Plan (SIP)

Status
Draft

4 EmaIl

(28)
Message Recipients

(28) Name

Email

Status

Status
Date Web(j

Bausn,azi.

Nyree nbau,n,anCskconsijltng.com

Sent

4/6/2012

2:10

PM Blakesley,
Andrea wldrea_blakesley@npsgov

Sent

4(6/2012

2:10

PM Attachments

(8) ORENA, JEM*TTE Jeanette.brena@cardnocom

Sent

416/20

L2 2:10

PM N

I

9tb4t
Rachel rachel.buckbee@bp.com

Sent

4/6/2012

2:10

PM es

BURKE, TIMOTHY timothy.burke@avcenergy.com

Sent

4/6/2012

2:10

PM ciarnezb,

Marta marta.czamezti@steigers.com

Sent

4/6/2012

2:10

PM Duggins.

Sims sims.duggins@aecarn.com

Sent

4/6/2012

2:10

PM EDWARDS,

ALICE alice.edwards®alosko.gov

Sent

4/6/2012

2:10

PM Elleman, Robert elleman.robert@epa.gov

Sent

4/6/2012

2:10

PM Greham,
Dan.el

dan@pacruncoal.com

Sent

4(6/2012

2:10

PM KIMSAI.L, C0LRrNEY ckImball@drconsuItlng.com

Sent

4(6/2012

2:10

PM Lekanof,
Jolene Jlekanof@tthpower.com

Sent

4/6/2012

2:10

PM UIDSEY. CHRISTOPHER clndseyCslrconsullng.com

Sent

4/6/2012

2:10

PM McCausland,

Heather heather.mccausland@yahoo.com

Sent

4/6/2012

2:10

PM Menefee,

Chris charles.menefee@teck.com

Sent

4/6/2012

2:10

PM NEWBOULD,

DENISE dnewbould@ov.areconsultlng.net

Sent

4/6/2012

2:10

PM Rlchcreek, Jennifer jrlchcreektkodiak.coop

Sent

4/6/2012

2:10

PM mste, Alana
ariste@slrconsultlng.com

Sent

4/6/2012

2:10

PM Roberts, Robert

rrober24csc.com

Sent

4/6(2012

2:10

PM Ryan. Sally

sally.ryan@cardno.com

Sent

4/6/2012

2:10

PM Siroky,
Mary
nia.y.wokytaladta.gov

Sent

4/6/20122:10

PM SIR Constdting

/ Associate Soentl amasonQsfrcoasulting,con

Sent

416/2012

2:10

PM sNrrH, REBECCA rebeccosmpth@alaska.gov

Sent

1(6/2012

2:10

PM SPAND,
MARK

mark.spano@awwu.bh

Sent

4/6/2012

2:10

PM Spano.
Mark
mark.spanoOavnvu.blz

Sent

4/6/2012

2:10

PM Stringham, Katherine katherine.stnnghamcwus.af.mlI

Sent

4(6/2012

2:10

PM Trbovlch,

Alan abbovich@sirconsulung.com

Sent

4(6/2012

2:10

PM Open Indi.4du&

Reload RecipientsSUPPLEMENTALNOTICEOFPUBLICCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVIRONMENTALCONSERVATIONREGULATIONSTheDepartmentofEnvironmentalConservation(DEC),proposestoadoptregulationchangesinTitle18,Chapter50oftheAlaskaAdministrativeCodedealingwithAirQualityControl,includingthefollowing:•adoptnewstandards,maximumallowableincreases,significantimpactlevels,andemissionthresholdsforspecificairpollutantsandadoptassociatedclarifyingchangesin18AAC50.010,18AAC50.020,18AAC50.035,18AAC50.040,18AAC50.215,18AAC50.502.•adoptthefollowingrevisionstotheStateAirQualityControlPlanin18AAC50.030tocomplywithfederalCleanAirActrequirements:•VolumeII:AnalysisofProblems,ControlAction:•SectionII:AirQualityControlProgram•SectionIII.H.1:InterstateTransportofLeadPollution;and•VolumeIII:(AppendicestoVolumeII)•18AAC50proposedregulationamendment;•CleanAirActSection110InfrastructureCertificationDocumentation;•IncludeacopyofAlaska’sPublicOfficialFinancialDisclosureRegulations;and•IncludeacopyofAlaska’sExecutiveCodeofEthics.•updateadoptionbyreferencedatesoffederalrulesadoptedin18AAC50.040.•repeallanguagein18AAC50.040thatisnowduplicatedbyotherregulations.•adoptrevisedlanguageandclarificationstoexistingregulationsin18AAC50.020,18AAC50.215,18AAC50.306,and18AAC50.540toprovideconsistencywithearlieramendments.•addnewlanguageclarifyingpermitapplicabilityto18AAC50.502.•adoptrevisedlanguagetoclarifymodelingrequirementsin18AAC50.540.•expandthefasttrackpermittingoptiontoincludeminorpermitsclassifiedforfineparticulates(PM-2.5)in18AAC50.542.Thissupplementalpublicnoticeisbeingissuedtoextendthedeadlinefortheendofthepubliccommentperiod.Youmaycommentontheproposedregulationchanges,includingthepotentialcoststoprivatepersonsofcomplyingwiththeproposedchanges,bysubmittingwrittencommentstoRebeccaSmith,EnvironmentalProgramSpecialist,AirPermitProgram,AlaskaDepartmentofEnvironmentalConservation.410WilloughbyAve.,Suite303,P.O.Box111800,Juneau,AK99811-1800,byfacsimileat:(907)465-5129,orbye-mailtotheAirQualityCommentsDocketatdec.aq.airdocket@alaska.gov.Commentsmustbereceivedby5:00p.m.,onApril24,2012.Commentsreceivedafterthisdatewillnotbeconsideredinfinalactionontheserules.Ifyouareapersonwithadisabilitywhoneedsaspecialaccommodationinordertoparticipateinthispublicprocess,pleasecontactDeborahPockat(907)269-0291orTEDRelayService1-800-770-8973/TTYordial711nolaterthanApril17,2012,toensurethatanynecessaryaccommodationscanbeprovided.Foracopyoftheproposedregulationchanges,contactRebeccaSmith,AirPermitProgram,AlaskaDepartmentofEnvironmentalConservation,410WilloughbyAve.,Suite303,P.O.Box111800,Juneau,AK99811-1800;byphoneat(907)465-5121;byfacsimileat(907)465-5129;orgotohttp://www.dec.state.ak.us/air/ap/regulati.htm.TheproposedregulationsandaDepartmentExplanationoftheProposedChangesdocumentareavailablefromtheDECAirQualitywebsiteathttps://myalaska.state.ak.us/dec/air/airtoolsWeb/PublicPermitListings.aspxandathttp://dec.alaska.gov/air/ap/regulati.htmAfterthepubliccommentperiodendsonApril24,2012,DECwilleitheradopttheseorotherprovisionsdealingwiththesamesubject,withoutfurthernotice,ordecidetotakenoactiononthem.Thelanguageofthefinalregulationsmaybedifferentfromthatoftheproposedregulations.YOUSHOULDCOMMENTDURINGTHETIMEALLOWEDIFYOURINTERESTSCOULDBEAFFECTED.Writtencommentsreceivedarepublicrecordsandaresubjecttopublicinspection.StatutoryAuthority:AS46.03.20,AS46.03.710,AS46.14.010,AS46.14.020,AS46.14.030,AS46.14.140,AS46.14.180StatutesBeingImplemented,Interpreted,orMadeSpecific:AS46.14.010,AS46.14.020,AS46.14.030,AS46.14.120,AS46.14.140FiscalInformation:Theproposedregulationchangesarenotexpectedtorequireanincreasedappropriation.Dated:April6,2012Larryig,CommissiAnchorage,AlaskaADDITIONALREGULATIONSNOTICEINFORMATION(AS44.62.190(d))Adoptingagency:DepartmentofEnvironmentalConservation2.Generalsubjectofregulation:ADOPTNEWSTANDARDS,BASELINEINFORMATION,ANDALLOWABLEINCREASESFORAIRPOLLUTANTS:ADOPTCHANGESTOTHESTATEAIROUALITYCONTROLPLAN:CORRECTANDCLARIFYREGULATIONS.3.Citationofregulation(maybegrouped):18AAC50.010,18AAC50.020.18AAC50.030,18AAC50.040,18AAC50.215,18AAC50.306,18AAC50.502,18AAC50.540,and18AAC50.5424.Reasonfortheproposedaction:(x)compliancewithfederallaw()compliancewithneworchangedstatestatute()compliancewithfederalcourtorder(x)developmentofprogramstandards()other:5.ProgramcategoryandBRUaffected:AirPermitsProgram,Airquality6.Costofimplementationtothestateagencyandavailablefunding(inthousandsofdollars)InitialYearSubsequentFY2012YearsCost$0_$0_Generalfund$0_$0_Federalfunds$0_$0_Otherfunds(specify)$0$0_7.Thenameofthecontactpersonfortheregulations:NameTomTurnerTitleEnvironmentalProgramManagerAddress619E.ShipCreek,Suite249AnchorageAlaska99501Telephone(907)269-8123E-mailaddresstom.turner@alaska.gov8.Theoriginoftheproposedaction:xstaffofstateagencyxfederalgovernmentgeneralpublicpetitionforregulationchange________other(pleaselist)9.Date:April6,2012Preparedby:Name:RebeccaTysonSmithTitle:EnvironmentalProgramSpecialistT..ic:pi...one:(907)45-5121NOTICE OF CANCELLATION OF PUBLIC HEARING
ON PROPOSED CHANGES TO
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGULATIONS

The Department of Environmental Conservation (DEC), proposes to adopt regulation changes in Title 18, Chapter 50 of the Alaska Admi nistrative Code dealing with Air Quality Control, including the following:

• adopt new standards, maximum allowable increases, significant impact levels, and emission thresholds for specific air pollutants and adopt associated clarifying changes in 18 AAC 5 0.010, 18 AAC 50.020, 18 AAC 50.035, 18 AAC 50.040, 18 AAC 50.215, 18 AAC 50.502.

• adopt the following revisions to the State Air Quality Control Plan in 18 AAC 50.030 to comply with federal Clean Air Act requirements:

• Volume II : Analy sis of Problems, Contr ol Action:

• Section II: Air Quality Control Program

• Section III.H.1: Interstate Transport of Lead Pollution; and

• Volume III: (Appendices to Volume II)

• 18 AAC 50 proposed regulation amendment;

• Clean Air Act Section 110 Infrastructure Certification Document ation ;

• AAC Title 2

- Administration; Chapter 50

- Alaska Public Offices

Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulations of Lobbying; Article 1

– Public Official Financial Disclosure (2 AAC 50.010

- 2 AA C 50.200); and

• AAC Title 9

– Law; Chapter 52

– Executive Branch Code of Ethics (9

AAC 52.010

– 9 AAC 52.990).

• update adoption by reference dates of federal rules adopted in 18 AAC 50.040.

• repeal language in 18 AAC 50.040 that is now duplicated by other r egulations

.

• adopt revised language and clarifications to existing regulations in 18 AAC 50.020, 18 AAC 50.215, 18 AAC 50.306, and 18 AAC 50.540 to provide consistency with earlier amendments.

• add new language clarifying permit applicability to 18 AAC 50.50 2.

• adopt revised language to clarify modeling requirements in 18 AAC 50.540.

• expand the fast track permitting option to include minor permits classified for fine particulates (PM

- 2.5) in 18 AAC 50.542.

The Department published a public notice r egarding these proposed changed on March 4, 2012. In the public notice, the Department announced that a public hearing for these proposed regulations was tentatively scheduled for April 5, 2012 from 2:00 p.m. to 3:30 p.m. at the Department of Environmenta l Conservation Building, 619 E. Ship Creek, Ste. 249

, Conference Room B, Anchorage, AK 99501. The Department did not receive a request to hold the public hearing by DEC by 5:00 p.m. on April 3, 2012 , as required in the original public notice

. Therefore t he public hearing will not be held.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to RebeccaSmith

, Environmental Program Special ist, Air Permit Program , Alaska Department of Environmental Conservation, 410 Willoughby Ave

., Suite 303, P.O. Box 111800, Juneau, AK

99811

- 1800, by facsimile at: (907) 465

- 5129, or by e

- mail to the Air Quality Comments Docket

at dec.aq.airdocket@alaska.go v

. Comments must be received by 5:00 p.m., on April 10 , 2012

. Comments received after this date will not be considered in final action on these rules.

If you are a person with a disability who needs a special accommodation in order to participate in

thi s public process, please contact Deborah Pock at (907) 269

- 0291 or TDD Relay Service 1

- 800

- 770

- 8973/TTY or dial 711 no later than March 26, 2012, to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Rebecca Smith, Air Permit Program, Alaska Department of Environmental Conservation, 410 Willoughby Ave., Suite 303, P.O. Box 111800, Juneau, AK 99811

- 1800 ; by phone at (907) 465

- 5121; by facsimile at (907) 465

- 5129;
or go to http://www.dec.state.ak.us/air/ap/regulati.htm . The proposed regulation s and a Department Explanation of the Proposed Changes document are available from the DEC Air Quality web site at https://myalaska.state.ak.us/dec/air/airtoolsWeb/PublicPermitListings.aspx

and at http://dec.alaska.gov/air/ap/regulati.htm

After the public comment period ends on April 10, 2012 , DEC will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on

them. The language of the final regulations may be different from that of the pro posed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR

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

Statutory Authority: AS 46.03.20, AS 4 6 .03. 710 , AS 46.14 .010, AS 46.14.02 0, AS 46.14.030, AS 46.14.140, AS 46.14.180

Statutes Being Implemented, Interpreted, or Made Specific: AS 46.14.010, AS 46.14.020, AS 46.14.030, AS 46.14.120, AS 46.14.140

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

(5

2 2012 AFFIDAVIT

OF PUBLICATIO 9

AQ STATE

OF ALASKA THIRD JUDICIAL DISTRICT Joleesa Stepetin being

first duly sworn

on oath deposes

and says that

he she

is a representative

of the Anchorage

Daily News,

a daily newspaper.

That
said newspaper

has been approved by the Third

J udic

‘UI Court, Anchorage,

Alaska,

and

it now and has been published

in the English language continually

as

a daily newspaper

in Anchorage, Alaska,

and

it
is now
and during all said time
was printed

in an office maintained

at the aforesaid place

of publication

of said newspaper.

That

the annexed

is a copy

of an advertisement

as

it was published

in regular issues (and

not

in supplemental

form) of said newspaper

on March

4 & March 5,2012 and that such newspaper

was regularly distributed

to as subscribers

during

all of said period.

That

the full amount

of the fee charged

for the foregoing publication

is not

in excess

of the rate harged private ‘ndividua4s. Signe4’V”lI4O c4frfr.1c) Subscribed

and sworn

to before me this c 9 ’

day 0 1777t11Zc1”

NO’FiCEOF
PUBLIC COMM$Wi’ PERiOD

ON PROPOSED CHANGES

TO AlASKA DEPAR1MENT

OP ENVIRONMENTAL CONSERVATiON REGULATIONS The Department

of Environmental conservation

(oEc, proposes

to adopt regulation changes

in hue

18, Chapter

50

of the Alaska Administrative

Code dealing

ttddi

Air Quality Control, aichidb€

the following: adopt
new standards, maximum allowable increases, significant
impact levels. and emission thresholds

for specific

air pollutants

and adopt associated clarifying changes

in
18 MC 50.010.

18 MC 50.020,

18 ARC 50,035,

ia MC 50040,18

MC 50215.18

MC 50.502. adopt

the following revisions

to the state

Air Quafty Control

Plan

in

18 ARC 50.030

to coniØy

vth federal clean

Air Act reqiirenet • Volume

I: Mdysls

of Problems,
Contcd Actiert section

it Air Quality control Program • Section
till: wte,state Trampat

of Lead Poikition;

and volume

Ill: (Appendices

to volume

rn •

ia MC

50 proposed regulation amendment • Clean

Air Act SectIon

110 Infrastructure certification Documentation: • AAC Title

2’ Administration:

Chapter

50’ Alaska Public Offices CommIssion:

Conflict

of Interest, Campaign Disclosure, Legislative Financiai Disclosure,

and Regulations

of t.Obbying:
Article

1 PublIc Official FinancIal Disclosure

(2MG 50.010.

2 MC 50.200)

arid • Mc Title 9-Law; Chapter

52’ Executive
Branch
Code oiEthlcs(9

MC 52.010

‘9 MC 52.9). • update adoption

by reference

dates

of federal

niles adopted

lola MC 50.040, • repeal language

in 18 MC 50.040

that

is now duplicated

by other regulations. • adopt revised language

and clarifications

to existing regulations

in
18 MC 50020, iSAAC 50.215,

18 AAC 50.306,

and ISAAC 50.540

to provide consistency

with earlier amendments. • add n language cisl()fr€
peniiit appäcatilety

tolS MC 50.502. • adopt retised language

to clarity modehng reqLfrements

in 18MG 50.540. • expand

the fast track permitting

option

to inclide minor permits classIfied

for fine partlctiates
IPM’2.5)

1118 MC 50.542. You may comment

on the proposed regulation changes, Including

the potential costs

to private persons

of complying

With

the proposed changes,

by submitting written comments

to Rebecca
smith, Environmental

Program Specialist,

Air Permit Program,
Alaska Department

of Environmental conservation,

410 Miougity

Ave.. Sthte
3(/3. P.O. Box 1118C0, Ajneau,

AX 99E11’IRQO. byfacsinae at: (907) 465’5129,

or by e-mail

to the
Air Quality comments

Docket

at dec.aq.afrdocketOalaska.gov.

comments

must

be received

by sSe p.m..

e. April

tO, 2812. Comments received

after

this date
will not

be considered

in final action

on these rules. The oepartment

has tentatively scheduied

a public hearing

for these proposed regulations

on April

5, 2012 from 2:00 p.m.

to 3:30 p.m.

at the Department

of Environmental Conservation

BuIlding,

619

E. Ship Creek.

ste. 249, Conference Room

B. Mctiorage,

AK 99501.

The poblic hearing

wili beheld

only

if

a request to hold

a pobec hearing

is reCelved

by DEC

by 5:00p.m.

on AprIl 3.2012.

You may request

a public hearing

by calling Dec/s Divislai

of Air quality

at 907’AoS’SlOS between

9:00 am, and 5:00 p.m., Monday through Friday

or by e.snaiilng

a request

to dec.aq.airdocketcalaska.gov.

Ii no request

for

a public hearing

Is received,

the public hearing

will

be cancelled.

DEC will announce

the cancellation

of the public hearing

by publishing

a public notice,

by 5:00 p.m..

on AprIl 4,2012,

on this website: http://dec.aiaska.gov/commish/pubilc

noilces.htiii Oral

or wrItten comments

may

be submitted

at the hearing

If

a pubik hearIng

is caiducted.

4 the raibhc hearwig xcixs,
there

will

be

a cat-in minter

If you
ae not able

to attend

the meeting

in person.

The caii’in number

will

be l-800-315.633a,

and the Meet

Me Code

vAt

be 8123e.

If held,

the hearing

may be extended

if necessary

to accommodate

those present before

3:00 p.m. who did not have

an opportunity

to comment if you are

a person

with

a disability

who needs

a special accommodation

in order to participate

in this public process, please contact Deborah

Pock

at (907) 269.0291

or TOO Relay Service 1-800-710’e973/’rTY

or dlai 71%

no later thai Mardi 26,2012,10

aisse

that any necessay accommedatlens

can

be provided. For

a copy

of the proposed regulation changes, contact Retecca
Smith,

Air Permit Program.
Alaska Department

of Environmental Conservation,

410 WllioughbyAve.,

Suite
303, P.O. Box 111800, Juneau,

AK 99811-1800; byphoneat (9071 465.5121;

by facsimile

at (907) 465’5129;

or go

to http://v.vAv.dec.state.ak.us/alr/ap/regulati.htln.

The proposed regulations

and

a Department Explanation

of the Proposed Changes document

are available

from the
DEC

Air Quality

web site

at hts’J/melaga.state.atus/decIelr/&ooisWeb,Thibeerniittjsigs.ecpx

and

at htw:/fdec.alaska.gov/air/ap/regulad.hml Alter

me public comment

period
ends

on April

10, 2012,
DEC
will either adopt these

or other provisions
dealing

with

the same subject without further notice, or decide

to take

no action

on them.

The language

or ma final regulations

may

be different

from that

of the proposed regulations,

you SHOuLD COMMENT
DUllING ThE TIME AU,OWED

IF YOUR INTERESTS

COULD

BE AFFECTED.

written comments received

are public records

and are sub(ect

to flc Inspection. Slam AntbeIItso

AS 46.03,20,

AS 46.03.710,

AS 46.14.010,

AS 46.14.020.

AS 46.14.ofl

AS 46.14,140.

AS 46.14.180 Statutes
Reins Implemented, Interpreted,

or Made specific

AS 46.14.010,

AS 46.14.020,

AS 6.l4.o3o,

AS 46.14.120,

AS 46.14.140 Fiscal lallemadon:

The proposed regulation changes

are not expected

to requIre an increased apptfli.

Dated: March2,

2012 Larry Har* Commissioner STOFI

101 #978876 $1,015.92

Published:

March

4
& 5,2012RECEiVEDSTOF1IO!#990084$886.44

pjC AFFIDAVIT

OF PUBLICATIONSTATEOFALASKATHIRDJUDICIALDISTRICTJoleesaStepetinbeingfirstdulyswornonoathdeposesandsaysthathe/sheisarepresentativeoftheAnchorageDailyNews,adailynewspaper.ThatsaidnewspaperhasbeenapprovedbytheThirdJudicialCourt,Anchorage,Alaska,anditnowandhasbeenpublishedintheEnglishlanguagecontinuallyasadailynewspaperinAnchorage.Alaska,anditisnowandduringallsaidtimewasprintedinanofficemaintainedattheaforesaidplaceofpublicationofsaidnewspaper.Thattheannexedisacopyofanadvertisementasitwaspublishedinregularissues(andnotinsupplementalform)ofsaidnewspaperonApril8&9,2012andthatsuchnewspaperwasregularlydistributedtoitssubscribersduringallofsaidperiod.ThatthefullamountofthefeechargedfortheforegoingpublicationisnotinexcessofSubscribedandsworntobeforemethis______dayof fIjwi

t,20NotaryPublicinaccTheSlateofAlaska.ThirdDivisionAnchorage,AlaskaMYCOMMISUPPIS4EPffALNOflt01’PUEIJCCOMMENTflRIOUONPROO)cltANGPsToA1A&DPPAflSE?flOPENVIRONMENTALCONVAT1ONIBGUIAI1O?6TheDepartmentofEnvironmentalconservation(DEC),proposestoadoptregulationchangesInTitle18,ChapterSOotthe*iagaAdmklisfltK’eCodedeaengMthAirluelltycato&includingmefollow*igadoptnewstandards,maximumallowableIncreases,significantimpactlevelsandemissionthresholdsforspecificairpollutantsandadopCassodate4lclarifyingchangesin18AAC50.010,ISAAc50.020,18MC50.035.18MC50.040,ISAAC50.215.18MC50.501adopttheIbliowingrevisionstotheStateAirQualItyControlPlaninISAACso.ogotocomplywithfederalcleanMrActrequirements:volumeII:MalysfsofProblems,ControlAction:SectionII:AirQualityControlProgram•Sectionlll.H.1:InterstateTranspoitofLeadPollution;andvolumelii:(AppendicestovolumeII)•18MC50propOsedregulationamendment•cleanAirAct$ectjon110InfrastructureCertificationDocumentation;•IncludeacopyofAlaska’sPublicOfficialFinancialDisclosureRegulations;and•IncludeacopyofAlaska’sExecutiveCodeofEthIcs.•gateadoptIonbyreferencedatesoffederalrulesadoptedin18MC•repeallanguageIn18MC50.040thatisnowdupiicatedbyotherregulations.•adoptrevisedlanguageandcharIlcatlonstoexistingregulationsin18MC50.020,18MC50215.15MG50.306.and18AAC50.540toprovideconsistencywithearlieramendments.•addnawlanguagecJaflMngpermitapplicabilityto18Mc50402•adcørevlseIniagetoclatyrT.odellngreqL*enlentsinISAAC50.540.•expandthefeattrackpernittingoptiontoincludeminorpermitsclassifiedforfr*particidates@1.4.2.5)ii¶8MG50.542.Thissap$e.ienialpublicesdoeI.belagissuedisodthedeadinefartheendafdapnbaecammaipedbd.YoumaycommentontheproposedregulationchangesInctudingthepotentialcoststoprivatepersonsofcomplyingwiththeproposedchanges,bysubmittingwrittencommentstoRebeccaT.Smith,EnvkonmentalProgramSpeclailstNipermitProgram,AlaskaDepartmentofEnvironnientalConservation.410WitotgjiwAve.,SufteflP.O.Sax111800,Juneau.AX99S11-1,byfa&rieat:(907)465.5129orbye-mailtotheAirQualityCommentsDocketatdecaq.airdocketoalaska.gov.Conynentsmustbereceivedby5.-top.m.,0April24,20)2.CaTImeilhsreceivedafterddateWInotbeconsideredInfindactionontheseaiim.ifyouareapersonwithadisabilitywhoneedsaspecIalaccommodationInordertoparticipateinthispublicprocess,pleasecontactDeborahPockat(907)269-0291orTOORelayService1400-77o-89731rfl’ordIal711nolaterthanApril17.2012,toensurethatanynecessaryaccommodationscanbeprovided.Foracopyoftheproposedregulationchanges,contactRebeccaT.Smith.AirPermItProgram,AlaskaDepartmentofEnvironmentalConservation,.410WlllougtibyAve.,suitesos,P.O.Box111800.Juneau,AK99811-1800;byphoneat(9o7Y465-5121;byfacsimileat(907)465-5129;orgotohttp://v.dec.state.ak.us/air/ap/reguIatl.hbn.TheproposedregulationsandaDepartmentExplanationoftheProposedChangesdocumentareavailablefromtheDECAirQualitywebsiteathttps://myalaska.state.ak.us/dec/air/alrtoolsWeblPublicPermltlistlnflaspxandathttp://dec.alaska.gowair/ap/ragulatl.htmAfterthepubliccommentperiodendsonApril242032,DECwilleitheradopttheseorotherprovisionsdealingwiththesamesubject.withoutft,rtternotice,ordecidetotakenoactiononthem.Thelanguageofthefinalregulationsmaybedifferentfromthatoftheproposedregulations.?OUSHOuLDCOMMENTDuRINGThE11MBALLOWEDIFYOURINTEREStSCOULDSEAFFECTED.W’ittencommenisreceivedarepublicrecordsandaresubjecttopublicinspection.sTatuteryMitheditnAs46.03.20.4546.03.710,AS46.14.010,AS44.14.020,AS46.14.o30,AS46.1L140,AS46.1450StaseteaBelielaipleetniad.Interpreted,orMadeSpedflaAS46.14.010,AS46.14.020,AS6.14.03O,AS46.14120,AS46.14.140Plscdbleealea,TheproposedregulationchargesarenotexpectedtoreqiireanmeeaedappropriationPttthedAp889,2012Dated:April6,2012Mctiorage.AlaskaPR22012BPIRESda’, 4’24;’o/ AFFIDAVIT

OF PUBLICA

ION RECEIVED MAR

I‘ 2D12 ADEC

AQUNITEDSTATESOFAMERICASTATEOFALASKAFOURTHDISTRICTBeforeme,theundersigned,anotarypublic,thisdaypersonallyappeared1,who,beingfirstdulysworn,accordingtolaw,saysthathelsheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperIi)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingaseconddanmailingpermitfromtheUnitedStatesPostalService,(v)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):

1____________

*2 k

33 3’Y76Jandthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts._)/Subscribedandsworntobeforemeonthisdayof____________;20.L2LJ//NotaryPuinahdlortheStateAlaska.7_-’

-1‘Thcrs‘‘a—Mycommissionexpires

(

1’‘— o/_-. c>61 }.4.’&L ‘24K;/ AFFIDAVIT

OF PUBLICA

ION RECEIVED MAR

1” 2012 ADEC

AQ who, being ng
to law, says that he/she

is an Fairbanks

Daily News-Miner,

a ed

in newspaper

format,

(ii) ian

50 weeks

per year,

(iii) with re than
500 and more than
10% ie Fourth Judicial District,

(iv) mailing permit
from

the United (vi not published primarily

to UNITED STATES

OF AMERICA STATE

OF ALASKA

)

$5. FOURTh DISTRICT ciaJ rWTiCeiL)OiO sure

(2 ARC 5001
0-2 ARC 50.200);

and • ARC Title

9- Law; Chapter

52- Execu twa Branch
Code

of EthIcs

(9 ARC 52,010 -9 ARC 52.990).- update adoption

by reference

dates

of federal

nies adopted in 18 ARC 50.040. • repeal lwngtage

hi 18 ARC 50.040

that

is now di.çllcated

by other regulations. adopt revised

lan guage

and clarifica tions

to existing

regu lations

In

18 AAC 50.020.

18 ARC 50.215.

18 ARC 50.306,

and

IS ARC 50.540

to provIde consistency

with ow liar amendments. add new language clarifying

permit applicability

to

18 ARC 50.502. adopt revised

lan guage

to clarify mod- sling requirements

In 18 ARC 50.540. expand

the
fast track permitting option

to Include mlr,or pennlts

cieastfled

for *le particu 424261

lates (PM-2.5)

In

18 NOTICE

O# PUBliC

ARC 50.542. COMMENT
PERIOD

You may comment ON PROPOSED

on the proposed

rag CHANGES

TO Walton changes. ALASKA

Including

the poten DEpARFMENr

OF

tial costs

to private ENVIRONMENrAL

persons

of complying CONSERVATION

with

the proposed REGULATIONS

changes,

by submit The Department

of ting written

corn- Environmental

Con- ments

to Rebecca servatlon

(DEC).

pro- Smith, Envfronn,eotel poaas

to adopt jogu- Program Specialist. latlon changes

hi Title

Ak Pennit Program. 18. Chapter

50

of the Alaska Department

of Alaska Administrative Environmental

Con Code dealng

with

Ak servation.

410 Quality

Control. Willoughby

Ave.. including

the follow-

Suite

303,

P0.
Box ing:

111800. Juneau.

AK • adopt

new stan- 99811-1800.

by fec dards. maximum

simile

at: (907)
485- allowable increases,

5129.

or by e-mail

to

and

(vi) not intended

for

a or occupational

group.

The attached

is

a true copy

of the in said paper

on the following Before

me tIe undersigned,

a notary public,

this day ceilea.ObOWIM

45 4W1401 announce

the cancel-

AS 48.14.020._____________________ iation

of the public

AS 46.14.030. nearing

by publishing

AS 4t14.140. a public notice,

by
AS 46.14.180 5:00 p.m.

on AprIl

4, Statutes

Being 2012.

on this web- implemented,

intersite:NtnIldec.

preted

or Made slaalca.rm/

SpecIfic: nmiub&

AS 48.14.010. noticethtn

Oral

or AS 48.14.020. written comments

AS 4a14M30. may

be submted

at AS 48.14.120. the hearing

Wa pt.tllc

AS 4a14.140 heating

is conajoted.

Fiscal information: If the public hearing

The proposed
regula occurs,
there

will
be

a lion changes

are not call-in number

if you expected

to require are not able

to attend

an Increased the meeting

in per- appropriation. son.
The call-in nuni- Dated: 3/2/12 berwiii

be 1-800-315-
\s\Larry Hartig, 633B.

and

the Meet Commissioner Me Code

will

be Anchorage.

.alaska 81230.

It held,

the Publish:

3,W. 3/W12 hearing

may

be extended

It neces

PS psesni’tI0

u ,cm easy

to accommodate

j,_ those

p resort betio3:00p.m.who
did not

I 9Si5ds,epeleJO

fl____________________________ have

an opportunity

I

OiddSIg uso nb. to comment.

INIH lflddl3II If you
are

a person with

a disability

who

liiUNP000 ikiedOJd needa

a special‘0W0LI
itsu ,noAiuasSO accommodation

inqdIIId1$h145m0 order

to participate

in

noA Gins mini this public process.WCflflsflø4tfl4 please contact Debo ral, Pock

at (907) wecas,s,aratacq269-0291orTDD

E 910w s,eiau._________________________ Relay Service 1 -8O0-770-8973/flV

Q5(JC

&jf0) —Ot dIal

711

no later 1 .psiqi,,e4ai* than March

26, 2012, to ensure

that any

spgq Aiiunuoddo

1 snbe

us—________________________________ necessary eccommo-

I uo eqaIs

em pesiliespel datlona

can

be

I scunisep

ie 15’4 pewiqui provided.

Aqeiet4siBsuosied

If‘Miti For

a copy

of the

ru 6.W mit proposed regulation changes,

contact arged private Rebecca

Smith.

Air Permit prograrnjt5. Alaska Department

of Environmental

Consalvation,

410 Willoughby

Ave.. _____________________________________ Suite

303.

P0.
Box IiIeoo. Juneau,

AK 99811-1800;

by phone

at (907)
465- 5121;

by facsimile atscribed

and sworn

to before____ thereon

is not excess

of the individuals,

ç

with

the usual A, of

,20_

me

on this____

day / Notary Public

i and-for

the State Alaska. My commission

expires

(‘flY’

,1ga’, 44/&2/ AFFIDAVIT

OF PUBLICATION

RECEIVED MAR

1 2012 ADEC

AQ UNITED STATES

OF AMERICA

) STATE

OF ALASKA

)

SS. FOURTH DISTRICT

3

Before

me, the undersigned,

a notary public,

this day personally appeared

te.t2iic kP/’u/!

, who, being first duly sworn, according

to law, says that helshe

is an Advertising

Clerk

of the Fairbanks

Daily News-Miner,

a newspaper

Ii) published

ih newspaper

format,

(ii) distributed

daily more than

50 weeks

per year,

(iii) with a total circulation

of more than

500 and more than

10% of the population

of the Fourth Judicial District,

(iv) holding

a second

class mailing permit
from

the United States Postal Service,

Iv) not published primarily

to distribute advertising,

and

(vi) not intended

for

a particular professional

or occupational

group.

The attached

is

a true copy

of the_____________

in said paper

on the following 2 Public Notices

2 Public Notices

2 Public Notices significant
knpact

lev els,
and emission thresholds

for specif ic air pollutants

and adopt associated clarifying changes

in 18 JAG 50.010,

18 JAG 50.020.

18 JAC 50.035.

18 AAC 50.040.

18 JAG 50.215.

18 JAG 50.502. adopt

the following revisions

to the State 424261

Air Quality Control NOTiCE

OF PUBUC

Plan

In

IS AAG COMMENT
PERIOD

50.030

to comply ON PROPOSED

with federal Glean

Air CHANGES

.

Act requIrements: ALASKA

- Volume

II: Analysis DEPARTMENT

OF o0m5,
Control ENVIRONMENTAL

Action: CONSERVATION

-

Section

II: Air Qisal REGULATIONS

Ity Control Program The Department

of

• Section

iIl.H.1: Environmental

Con- Interstate Transport servatlon

(DEC)

pro.

of Lead Pollution;

and poses

to adopt regu.

-

Volume

Iii: (Appen lation changes

in twa dices

to Volume

II) 18. Chapter

50

of the

• IS JAG

50proAlaska Administrative

posed regulation Code dealing

with

Air amendment: Qualify

Control.

- Glean

.Jr Act Soc I including

the

[

tion

110 Infrastruc. Ing:

tire

Certification

Doc • adopt

new stan- umentation: dards, maximum

• JAG Title

2- Admln I

allowable Increases,
Isfraflon; Chapter

50- Alaska Public Offices CommIssion:

Conflict of Interest. Campaign Dlaoloaure.

Legisla tive Financial
015010- sure.

and Regula lions

of Lobbying; Article

1- Public

Offi the Air Quality
Corn ments Docket

at decaq.afrtiocket@ aiaska.gov.

Com ments

must

be receIved

by S’OO p.m..

on AprIl

10, 2012. Comments received

after

this date

will not

be con sidered

in final action on these rules. The Department has tentatively

sched uled

a public hearing for these proposed regulations

on April 5. 2012
from
2:00 p.m.

to 3:30 p.m.

at the Department

of Environmental

Con servation BuIlding, 819

E. Ship Creek, Ste. 240, Conference Room

8. Anchorage. AX 99501.

The public hearIng

Will

be held only

if

a request

to hold

a public hearing Is received

by DEC by 5:00 p.m.

on April 5, 2012.

You may request

a public hear ing

by calling DEC/s Division

of Air QualIty at 507.485-5105 between

9:00
a.m. and 5:00 p.m.. Mon day through Friday

or by e-maiilng

a request

to dec.aq. alrdocket@alaska. gov.

If no request

for a public hearIng

Is received,

the public hearing

will

be can- (907) 455-5129:

or go to lt:/twww4ec. saw

ak ,aIaIrIanI te,gulatLhtm•

The proposed regulations and

a Department Explanation

of the Proposed Changes document

are avaIl able from

the DEC

Air Quality

web

sIte

at state.ak.ua/daclalr/alr toolaWeb/PubtIc pee end

at it.oIIdac. aoov/awfsoJ recisath*n

the public

‘2-

‘ —-

-2

a--’

-, comment Ap&io,

(JO

fl’c 2012,
DEC

wIll either adopt these

or othar provisIons

dealing withths,eibd thereon

is not excess

of the notice,

or decide

to individuals,

with

the usual take

no action

on them.

The ngu

age of the final regula tions may

be different eon,
that

of the pro posed regulations. YOU SHOULD

COM MENT DURING

ThE TIME ALLOWED

IF YOUR INTERESTS COULD

BE Ama-

to before

me

on this____

day ED. Written

com ments received

are public records

and are subject

to public Inspection. Statutory Authority: AS 40.03.20, AS 48.03.710, Notary Public

i and-for

the State Alaska. My commission

expires.2n’”b/gL1AFFIDAVITOFPUBLICATIONUNITEDSTATESOFAMERICASTATEOFALASKAFOURThDISTRICT427512SUPPLEMENTALNOTICEOFPUBUCCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVIRONMENTALCONSERVATiONREGULATIONSTheDepartmentofEnvironmentalConservation(DEC)proposestoadoptregulationchangesinTItle18,Chapter50oftheAlaskaAdmlhIstrativeCodedealing&withAirQualityControl,includingthetoiiowtng:•adoptnewstanadards,maximum-allowableincreases.significantImpact1eveiLandemissionthresholdsforspecifIcairpollutantsandadoptassociatedciarifyingchangesin18A.C50.010.8AAC50.020.18AiC50.035.18AAC50.040.16AiC50.215,18.êAC50.502.-adoptthefollowingrevisionstotheStateAirQualityControiPianin18AAC50.030tocomplywIthfederalCleanAIrActrequirements:Volume!?:AnalysIsofProblems,ControlAotionofSubscribedandsworntobeforemeonthis/day.2Oj/NotaryPubljnan1öiiiStateAlaska.CBeforeme,theundersigned,anotarypublic,thisdaypersonallyappeared[PJfl/j)k’p,0q1’),who,beingfirstdulysworn,accordingtolaw,saysthathe/sheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaper(i)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,(v)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):Vi1)41/—-/4,/iqncIJrandthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts.1⁄4147/ijK.é)//h/!MycommissionexpiresAFFIDAVITOFPUBLy&c&frUNITEDSTATESOFAMERICASTATEOFALASKAFOURThDISTRICT427512SUPPLEMENTALNOTICEOFPUBLICCOMMENTPERSODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVIRONMENTALCONSERVATiONREGULATiONSTheDepartment01EnvironmentalConservation(DEC)proposestoadoptregulationchangesInTItleis.chapter50oftheAlaskaAdmibIstraliveCodedealingwithAirQualityControl,includingthevfollowing:-adoptnewStan-LBdards,maximumallowableincreases,significantimpactlevels,andemlssion1wthresholdsforspecltsp________________________________icairpollutantsandadoptassociatedclarifyingchangesin18AAC50.010BAAC50.020,18.%Ac50.035.018AAC50.040,ISAsiC50.215.ISAAC50.502.adoptthefollowingrevisIonstotheStateAirQualityControlPlanin18MC50.030tocomplywithfederalCleanAirActrequirements:VolumeII:AnaiyslsofProblems,ControlAction:•SectionIl:AirQualItyControlProgram•SectionlU.H.I:InterstateTransportotLeadPollution;and•Volumeill:(AppencestoVolumeII)•18AAC5Oproposedregulationamendment;-CleanAtActSection110InfrastructureCertificationDocumentation;-Includeacopyc(Alaska’sPubMc ‘OffIcialFInancIalDIsclos4xeRegulations;and,j•lhcludeacopyofAlaska’sExecutiveCodeofEthics.}sBeforeme,theundersigned,anotarypublic,thisdaypersonallyappeared[R’inn,14°,ona/1,who,beingfirstdulysworn,accordingtolaw,saysthathelsheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperIi)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJucicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,(v)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):-vinAil/-//)h,/6qn/c/‘I727)cj’r*7/E?andthattheratechargedthereonisnotexcessoftheratschargedprivateindividuals,withtheusualdiscounts.Subscribedandsworntobeforemeonthis____dayof,20jj‘—1NotaryPubl9nan1öfliStateAlaska.Mycommissionexpiresl_•updateadoptonbyreferencedatesoffederalrulesadoptedIn18AAC50.040.•repeallanguageiniSAAC50.040thatisnOWduplicatedbyotherreguiat0I•adoptreviaedlanguageandclarificationstoexistingregulationsIn-IaAAC50.020.18RAGso.215.18ARC50.306,and18AAC50.540toprovide00nslstencywithearlieramendments•addnewlanguageclarIfyIngpermitapplicabIlitYto18ARC50.502.•adoptrevisedlanguagetoclarifymodUNeilngrequirementsin18ARCQ.540.•expandthefasttrackpermlttiTlooptiontoIncludeminorpermitsclass1-fledforfineparticUlates(PM-eS)In18ARC50.542.Thissuppiemenmipublicnoticeisbeingissuedtoextendthedeadlinefortheendofthepubliccommentperiod.Youmaycommentontheproposedregulationchangesincludingthepotentiaicoststoprivatepersonsofcomplyingwiththeproposedhanga5,bysubmittingwrittencommentStoRebeccatSmith.EnvlronmenlWProgramspecialist.AirPermitProgram.AlaskaDepartmentofEnvironmentalConservatiOn,410WilloughbyAve..Suite303,po.Box111800.Juneau,AK98511-1800.byfacsimileat:(907)465-5129.orbye.maiitotheAirDualflyCommentsDocketatdec.aq.airdocket@eIaska,gov-Commentsmustbereceivedby5:00p.m.,onApril24,2012-CommentSreceivedafterthisdatewillnotbeconsideredinfinalactionontheserules.Ityouareapersonwithadisabilitywhoneedsaspecialaccommodationinordertoparticipateinthispublicprocess.pleasecontactDeborahPockat(907)289.0291orltDRelayService1.BQo77o.8973f1ordial711nolaterthanApril17.2012.toensurethatanynecessafllaccommodationscanbeprovided.Foracopyofthe,1proposedregulationchange5.contactRebeccatSmith.Air•PermiiProgram.4’•AlaskaDepartmentof*:EnvironmentalConSseniation.‘•410willoughbyAve..,tSuite303.P0.BOxJuneau,AK1t99e11180o;by4phoneat(907)465-5121;byfacsimileat(907)485.5129;orgotoproposedregulationsandaDepartmentExplanationoftheproposedhange5documentareavailabiefromtheDECAirQualitywebsiteatntt.os:ilmvalaskaFFIDAVITOFPUBL&4*&MERICAKA>55.crJBeforeme,theundersigned,anotarypublic,thisdaypersonallyappearedJ3ñflflIkio,0fl711,who,beingfirstdulysworn,accordingtolaw,saysthathelsheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaper(i)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,N)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):4e;Ai/-2tiQ/.///A1qn/cI717)c%:jr:/57)Q9--/,9—.1andthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts.kSubscribedandsworntobeforemeonthis/dayofiDiOJfr,2OJL7-—-—-//‘—__‘l()NotaryPub9nand1âihiStateAlaska.Mycommissionexpires/OJ95J1/TUNITEDSTATESOFAMERA

OF PUBLi’éuiLiSTATEOFALASKAMTRICTTALBLICRIODAfterthepublicEDcommentperIod0endsonApril24.2012,DECwIlleitherIonbyadopttheseorotherSofprOVISIOflSdealIngptedwiththesatsubjoel.withoutlurthergeInnotice,ordecideat’stakenoactiononbythem.ThelangLiagOofthefinalregulationsmaybedifferentiariIIfromthatofthepro-9posedregulatiOYOUSHOU1DCOlAMENTDURINGTHETIMEALLOWridYOURINTERESTStoCOULDBEAFFECT-)‘ED.WrittencommentsreceivedarepublicrecordsandagearesubjecttopublicmitinspectionsatutorvAothoritvtAS45.Q3.20,anAS46.03.710,-AS46.14.010.inAS45.14.020.AS45.14.030.AS46.14.1gAS46.14.180StatutesBeing.mp(cmeflted..12orMadeAS48.14,010.AS48.14.020,AS46.14.030.AS46.14.120.AS48.14.140FIscalintoriflUOflTheproposedregulationchange’aronotexpectedtorequire-anincreasedappropriatioIiDated:AprIl6.2012Anchorage.Ala1stLarryICopmi55idl1rPublIshAprU6,9,2012

}.Beforeme,theundersigned,anotarypublic,thisdaypersonallyappeared131fl1)iPk’P,Ofl’7i?,who,beingfirstdulysworn,accordingtolaw,saysthathelsheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperIi)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,Iiii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,Iv)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):‘ ---1 //, 1 q

n/nc___________/-I____________

41 3Z- ?Q.Jrandthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts.kSubscribedandsworntobeforemeonthis____dayofNotaryPubljnandortheeAlaska.Mycommissionexpires______________________RECEIVED MAR

3

0 2012 ADEC

AQ Affidavit

of Publication United States

of America State

of Alaska First Division NOTIUt

OFPUbLICCOMMtNI PERIODONPROPOSED CHANGES

TO LASKA DEPARTMENT

OF ENVIRONMENTAL CONSERVATION REGULATIONS rhe Department

of Environmental Conservation

(DEC). proposes

tc adopt re 9 ulation chanQes

in Title

18, Chapter

50

of the Alaska

Ad yiinistrative

Code dealing

with

Air Quality Control! including

the

fol owing

o adopt
new standards, maximum allowable increases signillcant

im pact levels,

and emission thresholds

for spec

tic

a

r pollutants

and adopt associated clarifyinc changes

in

18 AAC 50.010,

18 MC 50.020,

18 AA 50.035,

18 AAC 50.040,

18 AAC 50.215, 18 AAC 50.502. o adopt

the following revisions

to the State

Air Quality Control

Plan

in

18 AAC 50.030

to comply

with federal Clean

Air Act requirements: o Volume

II Analysis

of Problems
Control Action: o Section

II: Air Quality Control Program o Section

II Hi: Interstate Transport

of Lead Pollution and o Volume

Ill (Appendices

to Volume

II) o
18 AAC

50 proposed

regu ation amendment; o Clean

Air Act Section

110 nfrastructure Certificatior Documentation; o MC Title

2- Administration.

Chapter

50- Alaska Public Offices Commission.

Conf

Ct of Interest, Campaign Disclosure Legislative

Enanc

al Disclosure,

and Regu ations

of Lobbying,

Article

1- Public Official Financ

a Disclosure

(2 AAC 50.010-

2 AAC 50.200) and o AAC Title

9- Law; Chapter

52- Executive
Branch
Cod€ ot Ethics

(9 AAC 52.010-9

AAC 52.990) o update adoption

by reference

dates

of federal

rule adopted

in 18 MC 50.040. o repeal anguage

in 18 AAC 50.040

that

is now duplicated

by other regulations. o adopt revised language

and clarilicafions

to existing regu ations

in
18 MC 50.020,

18 MC 50.215 18 MC 50306,

and

18 MC 50.540

to provide consistency

with earlier amendments. o add new language clarifying
permit applicability

to 18 MC 50502. o adopt revised language

to clarify modeling requirerTlentiin18AAC50.540._________________________________ o expand

the fast track permitting

option

to include

mino permits classified

for fine particulates
(PM-2.5)

in 18 AAC 50.542. ?ou may comment

on the proposed regulation changes, including he potential

costs

to private persons

of complying

with
the proposec thanges,

by submitting

written comments

to Rebecca

Smith,

Envi onmenlal Program Specialist,

Air Permit Proçram,
Alaska Depart nent

of Environmental Conservation,

410 willoughby

Ave.,
Suitc 303. P.O.
Box 111800, Juneau.

AK 99811-1800,

by facsimile

at 907) 465-5129,

or by e-mail

to the
Air Quality Comments

Docket

a3’ec.aa.pirdockpt@pIpskp.aov.

Comments

must

be received

by 5:0( m, on April

10, 2012. Oomments received

after
this date

will

no)C considered

in fina action

on these rules.

Ad

#: 144518 Legal

#: 300-007 I, Aja Dybdahi,

being
first duly sworn, oath, depose,

and
say that

I am the Principle

Clerk

of the JUNEAU EMPIRE,

a newspaper

of general circulation, published

in the city

of Juneau,

State

of Alaska;

that
the publication

was published

in said newspaper

on the

6 th day

of March

2012 and thereafter

for

1 additional

day(s),

the last date

of pubilcation

being March

7, 2012. •

.

.

. .). 1.cLc/ Subscri

ed and

s’ orn

to before

me this 28 tli day

of March 2012. Notary 1Jjic

in a611
for the State

of Alaska. STATE

OF ALASKA
,et OFFICIAL

SEAL

(tf 0. George

‘4 NOTARY PUBLIC

“4’ My Commission

Expires 1110312015RECEIVEDMAR302012ADECAQAffidavitofPublicationUnitedStatesofAmericaAd#:144518StateofAlaskaFirstDivisionLegal#:300-007TheDepartmenthastentativelyscheduledapublichearingforthescproposedregulationsonAprIl5,2012from2:00p.m.to3:30p.m.aheDepartmentofEnvironmentalConservationBuildinci619E.Shi1Dreek,Ste.249,ConferenceRoomB,Anchorage,Al99501.Th€.,ublichearinawillbeheldonlyifarequesttoholdapublichearingirI,AjaDybdahi,beingfirstdulysworn,eceivedbyI5ECby5:00p.m.onAprIl3,2012.Youmayrequest)ublichearingbycallingDEC/sDivisionofAirQualitya.07-465-5105between9:00a.m.and5:00pm.,Mondaythroughoath,depose,andsaythatIamtheFridayorbye-mailin9arequesttodec.aq.airdocket@alaska.gov.Inorequestforapublichearingisreceived,thepublichearingwillbcPrincipleClerkoftheJUNEAU,ancelledDECwillannouncethecancellationofthepublichearingypublishingapublicnotice,by5:00pmonApril4,2012,onthirEIVIPIRE,anewspaperofgeneralebsitehtfoffdec.plpska.aoy/commisWoublipnotices.htmOralorwrittencommentsmaybesubmittedatthehearingifapublichearcirculation,publishedinthecityofrigisconductedIfthepublichearngoccurstherewillbeacall-irnumberiiyouarenotabletoattendthemeetinainperson.ThcJuneau,StateofAlaska;thatthe:all-innumberwillbe1-800-315-6338andtheM’eetMeCodewillbe8123#IIheld,thehearingmaybeextendedifnecessarytoacpublicationwaspublishedinsaidommodatethosepresentbefore3:00pmwhodidnothaveanopportunitytocomment.newspaperonthe6thdayofMarch2012Ifyouareapersonwithadisabilitywhoneedsaspecialaccommodthereafterfor1additionalday(s),theJationinordertoparticipatenthispublicprocess,pleasecontacanDeborahPockat(907)269-0291orTDDRelayService1-800-770-89731TTYordal711nolaterthanMarch26,2012.toen.istdateofpublicationbeingMarch7,;urethatanynecessaryaccommodationscanbeprovided.012.Foracopyoftheproposedreguationchanges,contactRebeccasmith,AirPermitProgramAlaskaDepartmentofEnvironmentajonseptatlon412WHonhhAunSit‘fl’RnRnviiinn___SAe.Juneau,AK998l1-1800;yhoneat(907)465-5121;byfacsimilEt(907)465-5129;orgotchtto://www.dec.state.ak.us.’air/ao/reaulatthtm.TheproposedreguadandsorntobeforemethisionsandaDepartmentExplanationoftheProposedChangesdocunentareavailablefromtheDECAirQualitywebsiteathttvsi/mva‘aska.state.ak.usldeclair/airtoolsWeb/PublicdayofMarch2012.ParmitListinas.asaxandathtto://dec.alaska.oov/air/ao/reouiatthtm\fterthepubliccommentperiodendsonApril10,2012,DECwillei•heradopttheseorotherprovisionsdealingwiththesamesubject,juageofthefinalregulationsmaybedifferentfromthatoftheprovithoutfurthernotice,ordecidetotakenoactiononthem.TheIantheStateofAlaska.DosedregulationsYOUSHOULDCOMMENTDURINGTHETIME\LLOWEDIFYOURINTERESTSCOULDBEAFFECTED.WrtteiNotaryommentsreceivedarepublicrecordsandaresubjecttopubicnpectionStatutoryAuthority:AS46.03.20.AS4603710,AS4614010ASSTATEOFALASKA1614020,AS4614030,AS46.14.140AS4614.180OFFICIALSEALStatutesBeingImplemented,Interpreted,orMadeSpecIfIc:ASG.George6.14010AS4614020,AS46.14030AS4614120AlNOTARYPUBLIC16.14.140MyCommissionExpires11/0312015FiscalInformatIon:TheproposedregulationchangesarenotexpectedtorequireanncreasedappropriatonSignedMarch22012ByLarryHartig,Commissioner\nchorage.AlaskaPublishedMarch6&7,2012.300-007Affidavit

of Publication United States

of America State

of Alaska First Division SUPPI tTAL NUTfl

OF uauv cowar nOOON PROPOSED CHANGES

TO ALASKA DEPARTMENIIOL— ENVIRONMENTAL CONSERVA11ON REGULATIONS

I [he Department

of Environmental Conservation

(DEC), proposes

Ii kdopt regulation changes

In TItle

18, Chapter

50
of the Alaska

M nlnlstratfre

Code dealing

wIth

Air Quality Control, Including

the
fo owing: adopt
new standfl mwdmum allowable kicreases,

sig ‘real n43act —

and emission thresholds

for apeJtc

* p*ifl

ai idopt assocIated daflfslnq changes

fri
18 MG 50.010,

18 MC 50.020,18MG

50.03S

IS MC 50.040,18

MC 50.215,

18 MC rn.502. adopt

the awing revisions

to the State

Air Quality Contol

Pta n 18MG 030

to comply

with federal Clean

Air Act requirement o Volume

Ii: Analysis

of Problems,
Conirol Ac&n: o SectIon

II: Mr Quality Control Program oSection

IIl.H.1: lntersfateTranspoitof

Lead Pollution and0 Volume

ill: (Appendices

to Volume

U) 018MG

50 proposed regulation amendment o Glean

Air Ad SectIon

110 Infrastructure Gertlficatloi Documentation; o Inélude

a copy

of Ataska%
Pttk OfficIal Anaidal Offle Regulations;

arid o include

a copy

of Alaska’s Executive

Code

of Ethics. update adoption

by reference

dates

of federal

rules adopted

In 18 MC 50.040. tel

Iarueoe

18MG 50.040

that

Is now duplicated

by aiopt revised language

and clarifications

to existing regulations In 18 MC 50.020, ISMG5O.2l5, 1SMC5O.S06.

and 18MG 50.540

to provide consistency

with earlier amendments. add

new language clarifyIng
permit applicability

to

18 MC language

to clarify modelIng requirements

In

II the fast flack permitting

option

to Include minor permiti fec Ibie particulate.
(PM-is)

kits MC 50.542. rue supelemental

public notice

Ii being issued

to extend

tila learn.

tot the end

of the public comment
period. (ou may comment

on the proposed regulation changes, Indudkij he p.4alW coat private parsons

of conipl*ig

with
the cee hangee,

by submitting

written comments

to Rebecca

T. Smith,

En Ironmental Program Specialist

Air PermIt Program, Alaska Depart nent

of Environmental ConservatIon,

410 Willoughby

Ave., Sum lOB, P.O.
Box 111800, Juneau

AK 99811-1800,

by facsimile

at 907) 4654129,

or by e-mail

to the Air Quality Comments

Docket

a—.—‘nLk),4Sf@Rlaala4QV.

Comments

must

be received

by 5:01Mn.,

on Apdt 24,2012. Comments received

after
this date

will

no* considered

hi final action

on these rules. I you we

a person

with

a disabJilty

who needs

a special accornmo fln

fri order

to participate

In thla pqtflc process, please coMae )eborah

Pock

at (907) 269-0291

or TDD Relay Seivic4 I-800-7704973fITY

or dIal 711

no later than April 17,2012.

to enhisthatanynecessary aw,.,.udation

can

be provided. or

a copy

of the propoeed regulation changes, contact Rebecca

T mIth,

Air Pennit Program,
Alaska Department

of Environments onservaO
WllTouphby

Ave.,

2t ll9f

Ad

#: 145385 Legal

#: 400-009 I, Aja Dybdahl,

being
first duly sworn, oath, depose,

and say that

I am the Principle Clerk

of the JUNEAU EMPIRE,

a newspaper

of general circulation, published in the city

of Juneau,

State

of Alaska;

that the publication

was published

in said newspaper

and

on www.juneauemDire.com, the online edition,

on the

8th day

of April 2012
and thereafter

for

1 additional

day(s), the last date

of publication

being April

9tl, 2012. Subscribeä

and sworn

to before

me this 16 th day

of May 2012. ‘A’-

./. NotaryP Tcndfo(

e
eof Alaska.Affidavit

of Publication United States

of America State

of Alaska First Division il-WOO

;
lone

at (807) 46351

21; bflcsfmdE Rt (907) 465-5129;

or

go

tC nent
are available

1mm
the DEC

Air Quality

web
site

at Icarnn&1Sn Lifer
the public comment
period
ends

on April

24, 2012, DEC

will

el her adopt these

or other provisions
dealing

with
the an sa4ect without fwther nothe, order
bake

no action

on them.

The
Ian ue

of the final requlatlone

may

be different

horn that

of the po losed regulators.

YOU SHOULD COMMENT
DURING

THE TIME aowEo

IF YOUR INTERESTS

COULD

BE AFFECTED.

Writer s received

we peat records

wid
are ead9ect

b pub6c

k 3tahibry Authozlty

AS 46.03.20,

AS 46.03.710.

AS 46.14.010,

Afi 18.14.020,

AS 46.14.030,

AS 46.14.140,

AS 46.14.180 tatutes
Being Implemented, Interpreted,

or Made Specific:

Afi 16.14.010,

AS 48.14.020,

AS 48.14.030,

AS 48.14.120,

Afi 18.14.140__

dwgn

we not

cx 5, aw Hwt Ceaner Aieska

on April 5,2012 ‘Titilahed

April

8 & 9, 2012. 400-009

Ad#: 145385 Legal

#: 400-009 I, Aja Dybdahl,

being first duly sworn, oath, depose,

and say that

I am the Principle Clerk

of the JUNEAU EMPIRE,

a newspaper

of general circulation, published in the city

of Juneau,

State

of Alaska;

that the publication

was published

in said newspaper

and

on www.juneauemyire.com, the online edition,

on the8th day

of April 2012 and thereafter

for

1 additional

day(s), the last date

of publication

being April9th, Z012. jS4z-4).- ubscribe

and worn

to before

me this 16 tb day

of May 2012. Notary

P

.1

• eof Alaska.STATE

OF ALASKA

) FIRST JUDICIAL DISTRICT

) ss. ) AFFIDAVIT

OF ORAL HEARING CANCELLATION I, Rebecca
Tyson Smith, Environmental

Program Specialist

of the Department

of Environmental Conservations,

being sworn,

state

the following: The Department

of Environmental Conservation tentatively scheduled

an oral hearing, available upon request

as stated

in the notice

of proposed regulations,

for April 5,2012,

at 1400- 1530,

in Conference

Room

B, Department

of Environmental Conservation
Building,

619

E. Ship Creek, Ste. 249, Anchorage,

AK 99501.

No member

of the public requested

an oral hearing,

and the public hearing

was cancelled

and noticed

as stated

in the notice

of proposed regulations. t2ZE Juneau Alaska SUBSCRIBED

AND SWORN

TO before

me this [NOTARY

SEAL]

R&,&a
Tyson Sn{Ki, Environmental

Program Specialist 2ThZ- /

/ Law. Notary Pub

i ‘and

for the State

of Alaska My commission

expires:

K%-

‘ DATE: STATE

OF ALASKA OFFICIAL

SEAL Cassidy

Y. Kearney NOTARY PUBLIC My Commission

Expires

With Office.Actions’

Save“ CancelTde)Subjecl1-hr1102StandardsendWraotruclsreSI’SuppIe.neetPtbKNotice.entetithignwnentdeadlinetoAprIl24.2012TypePublicNotlcei/ProposedActions:RegidettoelaStatusPkjabaod

4EmaIl(36)MessageRecIpients(36)NameEmaStatusStatusDateWebr)TwitterAustin,Philiphmh-pauslin@gcl.netSent4/6/20122:10PMGeusnian,Ilyreenbeulenonoslrconeuitlng.comsent4/6/2012210PMAUachm.nts(9)elecksnore,MichellenhictIetle.tlacksnweCalaagovSeen4)612002210Pt-i

aNote,Glake*y.At,dreoanaee_b4&ce,JeySns.govSent46/20122:10P74Oloeche,.Patrickpabloecher@anthc.orgSent4/6120122:00PMenonjA, xnicrrE$anette.tceneocardno.comSent46/20122tOPt-Ieud*ee,Rachelrath.Lbodd,eabp.comSent4/6/2012210PMUURItE,TIMDTIWhmothy.burke@osrcenergy.comSent4)6/20022.10PMCzernezki,Mattemorte.czarnezk4steigerscomSent4)6/20022:10PMDuggins.Simssims.dugglns@eetom.comSent4/6120122:10PMEDWARDSALLCEehce.edwa,dstoleska.gov

sent4/6)20122:10PMFowler,PaulapaulaJowler@eImendotet.milSent4)6)20122:10PMGrehem.DanieldanepocPmcoatconSent416120022:10P04KIO4BAU.COURTI€YchjmbilZ*cn,fligcomSent4/6)20122:10PMLetanof.JolenejletanaI@tdspower.comSent416/20122:10PML?DSEV.OETOF1-ERctndseysslrconaatng.coenSent4/6/20122:10PMLDWTIIER.SEMIowdlnCh&orp.comSent4/6/20022:10PMMcCeuslend,Heatherheether.mcceuslendtyahoo.comSent4/6/20122:10PMMenelee.Chrisch1rles.menetee@teck.comSent4/6)20122:LVPMMillion,TrevistrevIs.mIlllon@mershcreekllc.comSent4/6/20122:10PMNEwBOuLO.DENSEdnewbould@ewereconsuIbng.netSent4)6/20122:10PMRichc,eek,JenniferJrld.creek@kodlak.coopSent4)6/20122:10PMPAste.AlonearlsltO*consukleigcon,Serf416/20122:10PMRobesRobeitneber24ecSccOenSent4/6/20122:10PMRyan,Saeysally.ryan@cardno.comSent4)6/20122:10PMSAfiAti,JEII4IFERjsaran#Iiede-ntnngcomSent4)6/20122:10PMSdiuier,AIaqi.sdicdersale*agovSent4(6/20122:10PMSLRConwiting

/Assonetescientistamason@elrconwltinocomSent4/6/20022:10PMSMITH,REBECCArebecce.smith@oleske.govSent4)6/20122:10PMSPANO,MARXmerk.spano@av.wu.buSent4/6/20t22:10PMSpano,Markmerk.spano®aernu.bizSent46/20122:10FMStrang,Ennerin.strang@kinross.comSent4)6)20022:10PMStnnghem.KednerthetatherIneselesghaencus4.n,4Sent4/6)20122:10P14Trboidi.MenaentoOO*conwling..nSeen4/6)20122:10PMWater,Martinwh,tt.walkenwmdemilSent416/20122:10PMOpenhdttdualPublicNotification[Editi‘,ActionsSave.‘DCancelTitle/Subject1-hrN02StandardsandInfrastructureSIPSupplementalPublicNotice,e,6endingcommentdeadlinetoApril24,2012TypePublicNoxes)ProposedActoris:StateIrnplecnentationPlan(SW)StatusDraft

4EmaIl(28)MessageRecipients(28)NameEmaIlStatusStatusDateWebr).-TwitterBausman,Nyreenbausnian@slrconsultingcomSent4/6/20122:10PMBlakesley,Andreaandrea_biakesiey@nps.govSent4/6/20122:10PMAttachments(8)ARENA,)EANETTEjeonette.brena@cardno.cnSent4/6/201!2:10PMNBucicbee,Racheirachei.buckbee@bp.comSent4/6/20122:10PM0esBURKE,TIMOTIWtbnothy.burke©asrcenergycomSent4/6/20122:10PMczanezki,Martamara.aarnezb@stelgers.comSent4/6/20122:LOPMDugglns,Simssims.dugglns@aecom.wmsent4/6/20122:10PMEDWARDS.ALICEaiice.edwards@alasko.govSent4/6/20122:10PMEileman,Roberteiiembn.robert@epa.govSent4/6/20122:10PMGraham,Danieidan@pacrimcoai.comSent4/6/20122:10PMKIMBALL.COURTNEYckimbafl@sirconsuitlng.comSent4/6/20122:10PM

4Lekano(,Jolenejiekonof@tdxpower.comSent4/6/20122:10PMLINDSEY.CHRiSTOPHER,dsey@slrconeiiDng.comSent4/6/WI!2:10PMMccausiand.Heatherheather.mccousland@yelloo.comSent4/6/20122:10PMMeriefee,chrisch.ries.rnenefeecteciccomSent4/6)20122:10PMNEWEOULO,DENISEdoewbould@awareconsaiting.netSent4/6/20122:10PMRjchcreelc,JenniferJrlchcreek@kodiak.coopSent4/6/20122:10PMRiste,AlanaarlsteCsirconsultlng.comSent4/6/20122:10PMRoberts,Robeitrrober24@csc.comSent4/6/20122:10PMRyan,Salysaly.ryan@cardno.comSent4/6/20122:10PMSiroky,Marymary.siroicy@aiaska.9ovSent4/6/20122:10PMSLRConsulting

/AssociateScientistomason@slrconsuitinq.comSent4/6/20122:10PMSNIrH,REBECCArebecca.snith@&as4co.govSent4/6/20122:10PMSVM40,MARKmartspano@avftni.blzSent4/6)20122:10PMSpano,Markmaa.spano@avmu.buSent4/6)20122:10PMStringharn,Katherwiekathecwiesnngham@usafrnSent4/6/20122:10PMYrbetich,AianatrtovbDslrconsuiting.con,Sent4/6/20122:10PMOpentndMdualReloadRecipients

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (h)

Compilation of Public Comments and the State Respo nse to the m:

Affidavit of Agency Record of Public Comment signed by Rebecca Tyson Smith dated May 1 7 , 201 2

.

Affidavit of Agency Record of Public Comment signed by Rebecca Tyson Smith dated October 3, 2012.

Response to Comments titled Response to Commen ts on the March 4, 2012
, Proposed Changes to 18 AAC 50 ; Alaska Department
of Environmental Conservation ; September 2012STATE

OF ALASKA

) ) FIRST JUDICIAL DISTRICT

) AFFIDAVIT

OF AGENCY RECORD

OF PUBLIC COMMENT I, Rebecca
Tyson Smith, Environmental

Program Specialist

for the Department

of Environmental Conservation,

being
duly sworn,

state

the following: In compliance

with

AS 44.62.215,

the Department

of Environmental Conservation

has kept

a record

of its use

or rejection

of factual

or other substantive information

that was submitted

in writing

as public comment

and that was relevant

to the accuracy, coverage,

or other aspect

of Department

of Environmental Conservation regulations pertaining

to adopting

new standards, maximum allowable increases, significant

impact levels,

and emission thresholds

for specific

air pollutants

and adopting associated clarifying changes; adopting revisions

to the State

Air Quality Control

Plan

in

18 AAC 50.030

to comply

with federal Clean

Air Act requirements: • Volume

II: Analysis

of Problems, Control Action: • Section

II: Air Quality Control Program • Section

III.H.

I: Interstate Transport

of Lead Pollution;

and • Volume

III: (Appendices

to Volume

II) •

18 AAC

50 proposed regulation amendment; • Clean

Air Act Section

110 Infrastructure Certification Documentation; • Including

a copy

of Alaska’s
Public Official Financial Disclosure Regulations;

and • Including

a copy

of Alaska’s Executive

Code

of Ethics; updating adoption

by reference

dates

of federal rules; repealing language duplicated

by other regulations;
adopting revised language

and clarifications

to provide consistency

with earlier amendments;

adding

new language clarifying
permit applicability;
adopting revised language

to clarify modeling requirements;

and expanding

the fast track permitting

option

to include minor permits classified

for fine particulates (PM-2.5).Date:__________ Juneau/Alaska____ Róecca
Tyson SmitWEnvironmental

Program Specialist SUBSCRIBED

AND SWORN

TO before

me this/7day

of,4
2- [NOTARY

SEALI

Notary

P ‘Oi’in

and
for the State

of Alaska STATE

OF ALASKA

My commission expires:________ OFFICIAL

SEAL f Cassidy

V. Kearney NOTARY PUBLIC\-‘ My Commission

Expires

With Office.1 

## Response to Comments on the

March 4 , 2012 Proposed Changes to 18 AAC 50 Alaska Department of Environmental Conservation September 2012

This document provides the Alaska Department of Environmental Conservation ’s (Department ’s ) reply t o the comments received on the Department’s March 4 , 2012

, proposal to change Title 18, Chapter 50 of the Alaska Administrative Code (18 AAC 50)

. The details regarding these proposed changes are described in the March 2, 2012

, public notice.

The Department s ubsequently split the proposed changes into two regulation packages. The first package included proposed revisions to the State Air Quality Control Plan in 18 AAC 50.030. The Department received no comments regarding these changes and therefore p romptly adopted

the amendments to meet a federal deadline. The second pa ckage ad dressed all other aspects of the proposed changes, some of which were commented on. This response to comment document

p rovides the Department’s response to those comments.



### Public Comment Process:

The Department issued public notice of the proposed regulations on March 4, 2012. Comments were due by April 10, 2012. The Department extended the comment period to April 24, 2 012

, in response to an April 5 th request. The Department published notice of the extension on April 8,

2012.

The U.S. Environmental Protection Agency (EPA) requires states to hold a public hearing regarding program changes if a hearing is requested. The Department therefore tentatively scheduled a public hearing for April 5, 2012. The public notice provided information regarding the tentative hearing and stated the Department would need to receive a request by April 3, 2012

, for the heari ng to proceed. The Department received no such requests so the hearing was cancelled. Notice of the cancellation was posted on the State, Department, and Air Permits Programs public notice web pages on April 5, 2012.



### Commenters:

The Department receive d written comments from the following:

• Kate Williams, Alaska Oil and Gas Association (AOGA); April 24, 2012; e

- mail with comment letter and enclosures attached, signed by Kate Williams.

• Brad Thomas, ConocoPhillips Alaska Inc. (CPAI); April 22, 2012; e

- mail with comment letter attached, signed by Brad Thomas. Mr. Thomas provided an editorial correction, in response to a Department request for clarification

, on June 12 , 2012.

Both entities provided generally similar recommendations on several issues

, although both also provided comments not specifically raised by the other. The Department has summarized the key points raised by either organization . The actual comments , which provided additional depth and specifics, are provided as attachm ents to this response to comment document.2 

### Comment Summary and Department Response **:**

**Comment 1:**  (AOGA Only)
As part of implementing the 1

- hour nitrogen dioxide ( NO 2 ) ambient standard, the Department should modify 18 AAC 50.540(c)( 2) to exempt minor sources from a 1

- hour NO 2 compliance demonstration. The exemption should be kept until the tools and guidance used to demonstrate compliance with the 1

- hour NO 2 standard mature to the point that these tools no longer lead to

unreasonabl e over predictions of ambient air quality.

**Response:**
The Department agrees that additional information is needed prior to routinely imposing a compliance demonstration requirement in the minor permit program. The Department has incorporated the reques ted exemption by adding a new section, 18 AAC 50.540(l), that excludes

the 1

- hour NO 2 standard from the ambient demonstration required under 18 AAC 50.540(c)(2)

, unless the de monstration is specifically requested by the Department.

There are various a pproaches for managing air quality. The approaches include, but are not limited to, permit programs, emission limitations, operational restrictions

, and air quality

monit oring. Some approaches require air quality modeling to help inform a case

- specific

decision , others do not.

The Department has historically relied on air quality modeling assessments to provide case

specific information in many of its minor permit decisions. However, that doesn’t mean that other options are not available for ensuring that public health is protected. Modeling assessments only provide estimates of the air quality impacts

– they are not actual

measurements

. The level of accuracy is dependent on how well the model simulates plume dispersion for t he g iven meteorological conditions and emission characteristics , as well as the accuracy of the data used to describe those conditions and characteristics

. As stated in Section 2.1b of EPA’s Guideline on Air Quality Models (40 CFR 5 1, Appendix W), “ Air quality models

have been applied with the most accuracy, or the least degree of uncertainty , to simulations of long term averages in areas with relatively simple topography.” The preferred air quality models promulgated by EPA are still applicable for estimating 1

- hour NO 2 impac ts , but the short averaging period and typical need for simultaneously simulating atmospheric transformation of

the oxides of nitrog en species during the dispersion process

, pushes the current air quality

models to the very limits of their design

. In some cases, the results may be questionable.

U

ncertainty can be accommodated if the modeled impacts are well below the air quality standard, but the stringent nature of the 1

- hour NO 2 standard leaves little margin for modeling

errors

. The Department therefore agrees that additional evaluation is needed in order to develop the best approach for managing the 1

- hour NO 2 impacts from minor permit actions.

**Comment 2**  **:** ( AOGA and CPAI in regards to 1

- hour NO 2 , AOGA only in regards to PM

- 2.5)
The Department should delay applicability of the 1

- hour NO 2 and 24

- hour PM

- 2.5 ambient standards to Portable Oil and Gas Operations (POGOs) until guidance can be developed to address the incompatibility between the multi

- year probab i l i st i c ambient standards and the portable nature of POGOs. This action is needed in order to avoid delays and uncertainty in permitting these types of sources.3 **Response:**
The Department has already exempted all minor source applicants from demonstrating compliance with the 1

- hour NO 2 standard, as described in the response to Commen t 1. Therefore, the 1

- hour NO 2 part of Comment 2 is moot.

In regards to PM

- 2.5, the Department is granting AOGA’s request, but for a different reason. Modeling 24

- hour PM

- 2.5 impacts does not push the existing air quality models to the edge of their design. The questionable results that can occur on an hourly basis are unlikely to occur for

a continuous 24

- hour period. The most detailed NO 2 modeling methods also require the use of atmosph eric chemistry algorithms, which introduces a level of complexity that is not currently required in a PM

- 2.5 analysis. The Department therefore considered the 24

- hour PM

- 2.5 issue apart from the 1

- hour N O 2 issue

.

The modeling of a multi

- year average 24

- hour PM

- 2.5 impact from a portable source may require novel approaches or greater levels of detail than what would be required for modeling a permanent source. However, the effort should not be insurmountable or excessively time consuming. The effort should also become more efficient with time as applicants and the Department gain experience on how best to model portable sources.

While not stated

, AOGA’s comments did raise questions as to whether the Department’s Minor General Permit for Oil or Gas Drilling Rigs (MG

- 1) is consistent with the proposed PM

- 2.5 demonstration requirement. The Department is confident that the MG

- 1 provisions protect the annual average PM

- 2.5 air quality stan dard since it is not the typical limiting factor for a

combustion

- related source. T he annual average NO 2 standard tends to be more restrictive than the annual average PM

- 2.5 standard. However, the Department needs additional time to assess the adequacy o f the MG

- 1 provisions in regards to the 24

- hour PM

- 2.5 air quality standard. The Department is therefore dropping the 24

- hour PM

- 2.5 demonstration requirement at this time

.

**Comment 3**  **:** (AOGA and CPAI)
The Department should modify 18 AAC 50.215(b)(1) so that it does not impose the 40 CFR 51 Appendix W guidelines (EPA’s Guideline on Air Quality Models ) on POGOs and other portable sources. The guidelines provide rigid techniques designed for stationary and mobile source s. The exhaust characteristics of POGOs make these types of source s difficult to model but, given their portable nature, it seems impossible for these sources to violate the “new standard.”

**Response:**
The Department denied this request. Applicants, t he public, and the Department need some measure as to what constitutes an acceptable modeling analysis. Neither commenter provided a recommendation for meeting this need. Removing all criteria means every analysis could be subject to endless debate and c hallenge

, which could jeopardize the Department’s ability to issue minor permit decisions in a timely manner

.

The Department also disagrees that the Appendix W guideline is “rigid” and non

- applicable. While it’s far from being open

- ended, it does contain a range of options in numerous areas,

includes numerous statements regarding the use of “professional judgment,” and contains a4 procedure for requesting use of alternative modeling techniques when the p referred methods are inappropriate. Appendix W provides reasonable bounds for a n air quality modeling analysis submitted in support of a permit application. It i s also the only known guid ance for evaluating the adequacy of a m odeling analysis for regu latory purposes. The Department is therefore keeping Appendix W as an applicable requirement.

**Comment 4**  **:** (AOGA only)

While AOGA supports establishing a 1

- hour NO 2 Significant Impact Level (SIL) equivalent to that recommended by EPA, the value recommen ded by EPA was not established through public comment and rulemaking. Therefore, the Department should be prepared to react quickly to revise this value as necessary once EPA establishes a 1

- hour NO 2 SIL through public comment and rulemaking.

**Response:**
The Department will review and act on future federal rule making as its workload, resources

, and priorities allow.

**Comment 5**  **:** (CPAI only)
Prior to implementing the 1

- hour NO 2 standard, the Department should continue the modeling workgroup c onvened by AOGA. This should be a technical working group focused on identifying and understanding the impact of the new standard on stationary and portable sources and achieving modeling solutions. It is only in this manner that a thoughtfully conceived program and regulation package can be developed.

**Response:**
The Department will implement the 1

- hour NO 2 standard upon these rules becoming effective. The Department intends to continue participating in the modeling workgroup convened by

AOGA.Attachment A

– Page 1 

## Attachment A

– AOGA Comments:

The Alaska Oil and Gas Association (AOGA) appreciates the opportunity to provide comments on the regulation changes propo sed by the Alaska Department of Environmental Conservation (ADEC) in Title 18, Chapter 50 of the Alaska Administrative Code dealing with Air Quality Control, public noticed on March 5, 2012. AOGA is a business trade association that accounts for the majori ty of oil and gas exploration, development, production, transportation, refining, and marketing activities in the state.

Our comments focus primarily on the proposed changes which would adopt the 1

- hour N O 2 and

24

- hour P M 2.5 National Ambient Air Quality Standards (NAAQS) for the state’s Minor Source Permitting Program and Portable Oil and Gas Operations (POGOs). Based on our understanding of the applicable statutory and regulatory requirements and the experience of our members as permittees, we strongly e ncourage ADEC to consider the issues discussed in the attached, detailed comments on the proposed changes.

We believe ADEC will find our comments useful and informative and request a meeting to discuss the issues we have raised. In the meantime, if you h ave any questions or need clarification regarding any of our comments, please do not hesitate to contact me.

Comments Regarding Proposed Changes to 18 AAC 50 Public Comment Draft March 2,

2012

The Alaska Department of Environmental Conservation (ADEC or Department), proposes to adopt regulation changes in Title 18, Chapter 50 of the Alaska Administrative Code, which are focused on establishing a 1

- hour N O 2 ambient standard and P M 2.5 allowable increases (increment), and integrating the P M 2.5 ambient standard in the minor source permitting program. Among other things, these proposed changes include establishing a 1 hour N O 2 Significant Impact Level (SIL) and minor permit program significant emission rates for P M 2.5

.

Similar regulation changes have occurred across the country with varying levels of success. However, the consistent message is that the existing tools used to demonstrate compliance with the new probabilistic standards are not adequate. Existing modeling evidence indicates that

min or source permitting programs that place an over reliance on modeling will result in these

outcomes:

• Project cancellations;

• The installation of unnecessary better

- than

- Best Available Control Technology (BACT) emission controls; and

• Operational restrictions that increase compliance risk with no related benefit.

AOGA has reviewed the 18 AAC 50 Public Comment Draft dated March 2, 2012 and has carefully considered the national evidence indicating that a measured approach should be us edAttachment A

– Page 2 when implementing the new 1

- hour N O 2 and 24

- hour P M 2.5 ambient standards within state minor source permitting programs. Based on that analysis, the following comments are submitted by the Alaska Oil and Gas Association in response to the proposed change s to Alaska Air Quality Control Regulations under 18 AAC 50 issued for public comment March 2, 2012 by the ADEC.

1. AOGA requests that as part of implementing the 1

- hour N O 2 ambient standard, the Department modify 18 AAC 50.540(c)(2) to exempt minor sour ces from a 1

- hour N O 2 compliance demonstration until available tools and guidance used to demonstrate compliance with the 1

- hour N O 2 standard mature to the point that these tools no longer lead to unreasonable over predictions of ambient impacts to air qua lity. We expect that implementing the 1

- hour N O 2 ambient standard in the minor source air permitting program under the existing paradigm will lead to unnecessary better

- than

- BACT emissions controls and operational restrictions that increase compliance risk with no related benefit or will result in the unnecessary cancellation of projects based on the results of ambient air quality dispersion models known to predict unrepresentative high impacts.

2. AOGA requests that the Department delay applicability of the 1

- hour N O 2 and 24

- hour

P M 2.5 ambient standards to Portable Oil and Gas Operations (POGOs) until guidance can be developed to address the incompatibility between the multi

- year probabilistic ambient standards and the portable nature of POGOs to avoid de lays and uncertainty in permitting these types of sources. As it stands, modeling these operations under existing guidance is painting a very unrealistic picture.

3. AOGA requests that the Department modify 18 AAC 50.215(b)(1) so that it does not

restric t ambient air quality impact analyses involving POGOs to rigid techniques designed for stationary and mobile sources (40 CFR 51 Appendix W guidelines). This change is necessary to allow for the rapid development of, and speed the approval of, more appropri ate techniques for demonstrating compliance with the 1

- hour N O 2 and 24

- hour P M 2.5 ambient standards for these portable sources.

4. While AOGA supports establishing a 1

- hour N O 2 Significant Impact Level (SIL) equivalent to that recommended by the U.S. Environmental Protection Agency (EPA), the value recommended by EPA was not established through public comment and rulemaking. This value may change once a public process is undertaken. Therefore, we ask that ADEC be prepared to react quickly to revise thi s value as necessary once

USEPA establishes a 1

- hour N O 2 SIL through public comment and rulemaking. This rapid response is necessary to maintain consistency between 18 AAC 50 and the EPA Prevention of Significant Deterioration program.

The following poi nts provide additional basis highlighting the ne ed to address these issues with the March 2, 2012 proposed changes to 18 AAC 50.

Basis for Comment 1: The Department proposes to amend 18 AAC 50.010(5) to include a one

hour average N O 2 concentration of 188 μ g/ m 3 , making this standard part of the minor permit program ambient air quality compliance demonstration requirement. Because existing tools thatAttachment A

– Page 3 have been shown to perform poorly when predicting 1

- hour N O 2 impacts and insufficient guidance, the resulting compliance demonstrations will almost certainly lead to unnecessary

better

- than

- BACT emission controls and operational restrictions that increase compliance risk with no related benefit or will result in the cancellation of projects based on the results of ambient air quality dispersion models known to predict unrepresentative high impacts.

Demonstrating compliance with the 1

- hour N O 2 standard is considerably different in terms of the level of performance required from the air quality model. Evidence shows that existing models and techniques will severely over predict 1

- hour N O 2 impacts for many source types. While these model performance issues have always existed, the effect has been hidden because the most restrictive standards have historically involved 24

- hour or longer averaging periods. Having a minor permit program that places an over reliance on a model with questionable performance for some source types and under certain meteorological conditions will lead to one of two things: 1) projects that can not be permitted, or 2) projects that can be permitted only through the implementation of unnecessary “better

- than

- BACT” emission controls, elevated stacks, or permit limitations that carry a high compliance risk. In all cases, these outcomes are dictated by a model that the Department has previously admitted does not work well for some sources that could require a minor source permit 1

• AERMOD Low Wind Speed Evaluation Study

– This study, which was presented at the 1 0 th

modelin g conferenc e . Therefore, AOGA requests that the Department exempt projects affected by the minor source program from a 1

- hour N O 2 compliance demonstration until the existing tools and guidance mature to the point that the tools do not unreasonably over predict 1

- hour ambient concentrations for all sources types. Alternatively, ADEC could focus modeling based compliance demonstrations only on those sources which the existing tools can simulate well or that can be reasonably expected to have compliance probl ems based on existing

evidence.

Several issues raised at the EPA 1 0 th modeling conference indicated no lack of model performance i ssues that make demonstrating compliance with the 1

- hour N O 2 standard more challenging than existing monitoring data would indicate. Specific examples include:

2 and previously to EP A 3

, 4

1 State of Alaska Department of Environmental Conservation Policy and Procedure Policy Number 04.02.105. Intermittently Used Oilfield Support Equipment. November 20, 2006. , showed that some of the most restrictive dispersion conditions and the highest model predictions occur under low wind speed conditions. However, very little model evaluation has been conducted for these conditions

a nd evaluation of specific AERMOD algorithms indicates performance issues. Recommended model enhancements exist but EPA has been unresponsive.

http://dec.alaska.gov/air/ap/policy.htm

.

2 AERMOD Low Wind Speed Evaluation Study. A presentation given on March 13, 2012 by Bob Paine, AECOM Environment at the 10th Modeling Conference. (http://www.epa.gov/ttn/scram/10thmodconfpres.htm).

3 AERMOD Low Wind Speed Evaluation Study Results. Prepared for: American Pe troleum Institute and Utility Air Regulatory Group Washington, DC. Prepared by: AECOM Environment Westford, MA March 22, 2010.

4 AERMOD Low Wind Speed Evaluation Study: Results and Implementation. Paper 2010

- A

- 631

- AWMA written by Robert J. Paine, Jeffrey A. Connors, and Carlos D. Szembek, AECOM Environment, 2 Technology Park Drive, Westford, MA 01886.Attachment A

– Page 4 • N O 2 Chemical Transformation

– Presentations given at the 2010 USEPA Regional/State/Local Modelers Worksho p 5 an d at the 1 0 th modeling conferenc e 6

• AERMOD Building Downwash Simulation Issues

– Evidence suggests AERMOD predicts

concentrations well above theor etical limits for long buildings (buildings W/H <4.4 ) have indicated that AERMOD likely over predicts N O 2 concentrations due to simplifying and conservative assumptions related to chemical reaction rates and the rate at which ambient air is entrained into plumes (mixing rate s). This over prediction is likely most pronounced in the

near

- field where impacts controlling design concentrations are typically predicted.

7 , and that AERMOD predicts ambient impacts due to extreme building downwash under conditions that should lead to the opposite results (i.e., AERMOD leads to predictions of high impacts for buoyant point sources due to building downwash in stable, nearly calm

conditions ) 8

These results are clear indicators that implementing the 1

- hour N O 2 standard within the minor source program without considering model performance will lead to permitting decisions based on incorrect and unsupported modeling results. .

Further evidence of the manner in which the current modeling paradigm systematically misrepresents the 1

- hour N O 2 standard is found by comparing the results of a recent EPA study for a hypothetical source operating in Alaska to monitoring conducted in the near

- field of a much larger Alaskan North Slope source. ADEC staff recently participa ted in a study undertaken by the AERMOD Implementation Workgroup (AIWG). The purpose of the workgroup was to provide insight into the potential challenges to modeling compliance under the new standards by working with 14 real world examples. Specifically, this group looked at a hypothetical natural gas processing plant located in an area that could be characterized with meteorological data collected at Point Barrow. AIWG found that hypothetically set uncontrolled N O

x emissions of 3,190 TPY from this facilit y resulted in impacts 7.7 times the standard using approvable modeling assumptions. Only the implementation of emission controls designed to reduce facility emissions to 330 tons per year (tpy) of N O

x and doubling the stack heights to 17 meters could

enabl e this facility demonstrate compliance by reducing modeled impacts to a design value of 85 μg/ m 3 without background added. This result is in contrast to monitoring data collected on the Alaskan North Slope at an ADEC

- approved maximum impact location in the near

- field of a stationary source with potential N O

x emissions of 14,000 tpy. The monitoring at this location reported a 1

- hour N O 2 design value of 152 μg/ m 3 (81 ppb) based on 2008 through 2010

5 Review of Plume Volume Molar Ratio Method (PVMRM) and Ozone Limiting Method (OLM) for Predicting Short

- term NO2 Impacts. A presentation given on June 9, 2 011 by Cathe Kalisz, American Petroleum Institute at the 2010 EPA Regional/State/Local Modelers Workshop. ( http://www.cleanairinfo.com/regionalstatelocalmo delingworkshop/archive/2011/agenda.htm ).

6 Issues Associated With NO2 Model Evaluation. A presentation given on March 15, 2012 by Dana Wood on behalf of Doug Blewitt, CCM AQRM, at the 10th Modeling Conference. ( http://www.epa.gov/ttn/scram/10thmodconfpres.htm ).

7 Building Downwash Modeling with AERMOD. A presentation given on March 15, 2012 by Lloyd L. Schulman and Joseph S. Scire Exponent, Inc., at the 10th Modeling Conference. ( http://www.epa.gov/ttn/scram/10thmodconfpres.htm ).

8 Issues with AERMOD Modeling of Severe Building Downwash Effects with Nearly Calm Winds. A presentation given on March 15, 2012 by Bob Paine, AECOM Envir onment, at the 10th Modeling Conference. ( http://www.epa.gov/ttn/scram/10thmodconfpres.htm ).Attachment A

– Page 5 measurement s 9 . Though some differences exist between the sour ce modeled by AIWG and the source primarily responsible for the monitored concentrations, these differences are unlikely to explain the reasons the modeled hypothetical facility results in predicted impacts similar to those actually measured near a facilit y with 40 times the modeled N O

x emissions. Though the AIWG model input/output files are not available for review, recent experience indicates that the cause of the apparent over prediction is likely the low wind speed conditions and extreme downwash

under both low wind speeds and low level temperature inversions, both of which have been shown to lead to gross over predictions. The clear over prediction in this case shows that model performance is questionable with respect to the new 1

- hour N O 2 ambient stand ard and demonstrates the reason minor sources should be exempt from a 1

- hour N O 2 compliance demonstration until adequate tools and guidance are available to demonstrate compliance.

Basis for Comment 2: The multi

- year probabilistic 1

- hour N O 2 ambient standard and 24

- hour

P M 2.5 standards are incompatible with the portable nature of POGOs. This incompatibility highlights the need to delay applicability of these standards to POGOs until guidance can be developed to address the incompatibility and avoid de lays and uncertainty in per mitting these types of sources.

As a result of the proposed changes to 50 AAC 18, the 1

- hour N O 2 and 24

- hour P M 2.5 ambient standards, which are both probabilistic standards based on 3

- years of measurements, will be applicable to POGOs which are portable and unlikely to remain in one place longer than a few months. The incompatibility of the 3

- year form of the ambient standards and the short

- term operation of a POGO results in confusion regarding the nature of the compliance demon stration and in many cases will require unique modeling approaches. For example, should a portable source which does not impact a given receptor continuously for three years be required to demonstrate compliance with a standard which relies on a multi

- year design value based on continuous operation? If yes, what methodology should be employed to avoid grossly overstating ambient impacts? An example of the confusion that generates this type of question and the delay associated with finding an answer is highl ighted in comments and proposed modeling approaches for POGOs prepared by the Independent Oil and Gas Association of New York (IOGA of NY) and submitted to the Commissioner of the New York State Department of

Environmental Conservatio n 10 for consideration a nd the subsequent resolution. To bring clarity to modeling issues and assure consistency, resolution of this issue involved the generation of an official question from a state to the region who then asked for concurrence from the EPA Office of Air Quality Planning and Standards (OAQPS ) 11

9 Quality Assurance Project Plan for the: Prudhoe Bay Unit Facilities Ambient Air and Meteorological Monitoring Project Prudhoe Bay, Alaska Revision 1.1. Prepared by SLR International for BP Exploration (Alaska), Inc. February 2011. Approved by ADEC April 2011. , which was then followed by a decision from

10 Letter from the Independent Oil and Gas Association of New York (IOGA of NY) to Mr. Joe Mar tens, Commissioner New York State Department of Environmental Conservation. Regarding: Preliminary Revised Draft Supplemental Generic Environmental Impact Statement Economic Impediments to Shale Gas Development. Submitted September 2, 2011.

11 Memorandum f rom Raymond Werner, Chief Air Programs Branch EPA Region 2 Office to Tyler Fox, Air Quality Modeling Group, Office of Air Quality Planning and Standards. Regarding Modeling Intermittent Emissions due to Horizontal Drilling and High

- Volume Hydraulic Fractur ing of the Marcellus Shale in New York State. Issued November 3, 2011.Attachment A

– Page 6 OAQP S 12 . This exchange adds multiple steps to the process and results in delay that could be

avoi ded if existing guidance were in place. Though not involving minor source permitting , this example serves to highlight the delays and uncertainty that could result from making the 1

- hour

N O 2 and 24

- hour P M 2.5 ambient standards applicable to POGOs without having appropriate guidance and tools in place prior to implementation.

Basis for Co mment 3: The Department should reconsider its current stance pertaining to the modeling of POGOs using guidance intended for stationary sources (40 CFR 51 Appendix W ) to allow for development of protocols better suited t o the portable nature of POGOs.

Cu rrently, ambient air quality impact analyses supporting minor source permitting must adhere to guidelines presented in 40 CFR 51 Appendix W. These existing guidelines are focused on large stationary sources and highly mobile sources associated with roadway s. Appendix W does not address probabilistic standards or predicting impacts from portable sources like POGOs; and obstructs development and acceptance of techniques for addressing these types of unique situations. Therefore, AOGA recommends that ADEC modi fy 18 AAC.215(b)(1) so that the regulation does not restrict ambient air quality impact analyses involving POGOs to 40 CFR 51 Appendix W guidelines. This change will enable the rapid development of, and speed the approval of more appropriate modeling proto cols for these unique source types.

The Department has historically recognized the need to implement unique approaches for demonstrating compliance with ambient standards without relying solely on modeling following 40 CFR 51 Appendix W recommendations. T he Department should retain that flexibility particularly for the types of sources associated with POGOs. The Department recognized in ADEC Policy and Procedure Policy 04.02.10 5 13

12 Memorandum from Tyler Fox, Air Quality Modeling Group, Office of Air Quality Planning and Standards to Raymond Werner, Chief Air Programs Branch EPA Region 2 Office. Regarding: Concu rrence with Region 2's Assessment of the Appropriate Method for Compliance Demonstration Modeling of Emissions Associated with Horizontal Drilling and High

Volume Hydraulic Fracturing of the Marcellus Shale in New York State. Issued February 29, 2012. that characterizing some of the types of sources associated with POGOs (i.e., small sources with low

- level releases) can be difficult and the modeling results can be questionable. Given this historical determination based on demonstrating compliance with averaging periods of 24

- hours or more and knowing that the difficulty

associat ed with characterizing these sources increases and the results become more questionable

with a 1

- hour standard, the Department should recognize that increasing the flexibility in the rules by decreasing reliance on modeling using 40 CFR 51 Appendix W is im portant. In this manner, compliance demonstrations can focus on modeling those POGOs and associated sources which the model that can simulate pollutant dispersion accurately and less on those which existing monitoring evidence shows will be compliant with the ambient standards.

Existing evidence clearly indicates that simulating ambient air quality impacts from POGOs using 40 CFR 51 Appendix W will result in over predictions of ambient impacts. This evidence highlights the need for the Department to rely l ess on modeling and 40 CFR 51 Appendix W and more on alternative techniques for a POGO compliance demonstration. Because of the low releases and high emissions modeled in the base case, the AIWG modeling discussed previously provides a useful surrogate for demonstrating the potential performance issues associated with

13 I bid. 1Attachment A

– Page 7 relying solely on modeling for a POGO. The AIWG modeling has applicability to POGOs because the base case modeling of the natural gas processing plant modeling consisted of 15

emission units t hat are characteristic of a large POGO (i.e., N O

x emissions of 1,440 tpy, stack heights ranging from 6 to 8 meters, stack diameters from 0.2 to 1 meters, and stack exhaust temperatures from 530 to 840 °K). As discussed earlier, that modeling indicated impa cts as much

as 7.7 times the 1

- hour N O 2 ambient standard with exceedances shown well beyond 10 kilometers from the source. This result decreased to impacts 1.8 times the 1

- hour N O 2 ambient standard with exceedances beyond 700 meters from the source when emissions were decreased to 330 tpy. These two sets of modeling results show the range of impacts that could be expected from modeling conducted for a variety of POGOs and would indicate that exceedances should be

observed in data sets collected on the Ala skan North Slope in the near field of POGOs, which has not been the case. Specifically, three data sets have been collected in the near

- field of POGOs, one at the PBU Well Pad A and two by ConocoPhillips Alaska, Inc

. 14

14 ConocoPhillips, Alaska, Inc. Ambient monitoring within the Alpine and Kuparuk fields In support of drill rig stationary sourc e permitting. A letter from Brad Thomas (ConocoPhillips Alaska, Inc) to Jim Baumgartner (Alaska Department of Environmenta l Conservation) sent December 9, 2011. This document indicates the highest measured NO 2 concentration was 87 ppb. Knowing that this specific operation is complete, and that calculation of the design value is based on 3 years of data collection, th e design value could be as low as 29 ppb (i.e., 87 ppb divided by 3). . As will be discussed below, none of t he monitoring shows measured impacts close to the 1

- hour N O 2 ambient standard, which is in sharp contrast to the AIWG modeling results. This result demonstrates that model performance is challenged under the existing paradigm which relies too heavily on mo deling based compliance demonstrations involving 40 CFR Appendix W techniques. The result also provides evidence that, before implementing the 1

- hour N O 2 standard in the minor source program, the Department should adjust 18 AAC 50 to allow for the

flexibil ity to focus modeling based compliance demonstrations only for those POGOs and associated sources which can be reasonably expected to have compliance problems based on existing evidence and avoid relying too heavily on a model that has clear performance

in accuracies.

Rather than relying on inaccurate modeling and modeling techniques, the Department should consider following an historical approach, which should be applicable in this case. This approach

would indicate that most POGOs would not need to be mod eled to demonstrate that the facilities will be compliant with the ambient standards based on existing evidence. In establishing ADEC Policy and Procedure Policy 04.02.105, which exempts certain sources from modeling, ADEC

reviewed a multi

- year record of a mbient data from the PBU Well Pad A monitoring station. These data lead the Department to conclude that certain types of units could be exempted from modeling because the record indicated these units did not degrade air quality to a measureable

extent. Kno wing that POGOs visit PBU Well Pad A, and that measurements collected at the pad from 2006, 2007, 2008, 2009 and 2010 result in 1

- hour N O 2 design values calculated from single years of data of 130, 86, 81, 84, and 67 μg/ m 3 , respectively, would lead to a co nclusion that POGOs do not degrade air quality and modeling of these sources to demonstrate compliance

with the 1

- hour N O 2 standard should not be required based on a reasonable inquiry of the existing PBU Well Pad A monitoring evidence. A similar conclusio n can be drawn from historical monitoring conducted by ConocoPhillips Alaska, Inc. at Kuparuk River Unit Drill Site 1F which was also visited by POGOs during the monitoring program. That monitoring program reported a 1

- hour N O 2 design value of 62 μg/ m 3 . Th e case that POGOs do not degrade air quality is made even stronger by the recent data collected by ConocoPhillips Alaska, Inc. in the near

-Attachment A

– Page 8 field of a large POG O 15

Basis for Comment 4: ADEC proposes to establish a 1

- hour N O 2 Significant Impact Level (SIL) based on a value that was not established through public comment and rulemaking and that may change. The introductory language of 18 AAC 50.215(d) and Table 5 are proposed to be amended to include instructions on demonstrating compliance with a proposed 1

- hour N O 2 Significant Impact Level (SIL) of 8 μg/ m 3 . The 1

- hour N O 2 SIL proposed by ADEC is based on

inter im guidance from EP A . While this monitoring did indicate elevated N O 2 measurements as a result of the activity, the design value calculated for this POGO was comfortably below the 1

- hour N O 2 ambient standard assuming long

- term stationary operations and significantly below the

1

- hour N O 2 standard factoring the actual portable nature of the source (i.e., the rig was at t he location for only 3 months). Close examination of this study, the PBU Well Pad A data and the Kuparuk River Unit Drill Site 1F data provides compelling evidence and demonstrates a reasonable inquiry that POGOs of a certain size and duration do not cause a violation of the 1

- hour N O 2 ambient standard. This demonstration should be used to exempt POGOs from modeling. Given the poor fit between POGOs, probabilistic standards, and 40 CFR 51 Appendix W, the Department must have the important ability to conside r alternative techniques, such as those discussed above, to demonstrate compliance with new multi

- year and probabilistic standards. This ability is available only if POGOs are given more flexibility to propose alternative compliance demonstration approache s by not being tied to 40 CFR Appendix W

methods.

16 . The SIL proposed in that i nterim guidance was established

without public comment and is based on a procedure used to establish SILs for pollutants with longer averaging periods and deterministic rather than probabilistic design value s. Therefore, this procedure may not be applicable to the 1

- hour NO 2 ambient standard. EPA indicates that establishing this value deserves further consideration saying that “EPA will consider other possible alternatives for developing a 1

- hour NO 2 SIL in a future rulemaking that will provide an opportunity for public participation in the development of a SIL as part of the PSD regulations.”. Therefore, the value EPA has selected, and the Department proposes, requires further evaluation and may change. While AOGA would prefer that ADEC rely on a SIL which has been established through a more rigorous process, we understand the need to establish a value and concur with the value selected until one is established by EPA through public comment and rulemaking.

15 Ibid.

16 Memorandum

- Gu idance Concerning the Implementation of the 1

- hour NO2 NAAQS for the Prevention of Significant Deterioration Program. From Stephen Page, Director OAQPS to Regional Air Division Directors. June 29, 2010.Attachment B

– Page 1 

## Attachment B

– CPAI Comments:

Please accept these as ConocoPhillips Alaska Incorporated's (CPAI) comments on the proposed changes to 18 AAC 50

– specifically on the proposed adoption of the 1

- hour nitrogen dioxide (NO 2 ) standard.

In summary, it is premature to adopt the 1

- hour NO 2 standard since everything we, and presumably ADEC, know about it points to it being a substantial obstacle to the permitting of

minor sources

– though actually me asured air quality data in Alaska and in the rest of the United States strongly indicate the problem is one with modeling. It does not make sense to move forward with a new standard that all know will be hugely difficult to meet when using existing

– and k nown to be deficient

– tools. The tools and paradigms must be properly aligned first so that reality is the basis used for permitting.

We thus believe it is imperative that the minor source permit program requirements as they relate to modeling be adjuste d before imposing the new 1

- hour NO 2 standard as a matter of state

- level permitting. Unfortunately, EPA did not act on such foresight and, as a result, considerable effort and resources are being expended nationwide to scramble for solutions so that larger development or expansion projects can move forward. In the case of drill rigs, the problem extends to the simple renewal of heretofore (and, we believe, still) acceptable permits.

To emphasize two specifics if the standard is adopted now:

• Given the shortcomings with existing modeling tools and modeling requirements, many existing Alaska sources seeking minor permits may not be able to demonstrate, via modeling, compliance with this new standard and, therefore, may not be able to obtain the permits fo r expansion of existing facilities or for new projects. We believe this is unnecessary since monitoring data shows no difficulty in attaining the standard and since more realistic modeling will, we believe, show that individual sources cannot also

achieve the standard;

• Given the shortcomings with existing modeling tools and modeling requirements, many existing or proposed new Alaska facilities, if they can demonstrate compliance with this new standard via modeling, may be subject to unnecessary minor permi t conditions and, thus, unreasonable compliance burden and risk;

In order to avoid these outcomes, we request the following:

1. Prior to implementing the 1

- hour NO 2 ambient standard, 18 AAC 50.540(c)(2) be modified to not require minor sources and Portable Oil and Gas Operations (POGOs) to model compliance with the 1

- hour NO 2 standard until such time as ADEC has in place the proper modeling tools, guidance, or other means for demonstrating compliance with the new standard. Industry has shared with ADEC generic, but representative, modeling output that shows how much of a problem this could prove to be.Attachment B

– Page 2 2. Prior to implementing the 1

- hour NO 2 standard, in order to addres s probabilistic standards and impacts from portable sources like POGOs not currently addressed by 40 CFR 51 Appendix W, ADEC should modify 18 AAC 50.215(b)(1) so that it does not impose the Appendix W guidelines on POGOs and other portable sources. Exhaust characteristics make these types of sources difficult to model but, given their portable nature, it seems impossible for these to violate the new standard.

3. Prior to implementing the 1

- hour NO 2 standard, ADEC should continue the modeling workgroup origina lly convened by AOGA ensuring it includes expertise from all affected industry. This should be a technical working group focused on identifying and understanding the impact of the new standard on stationary and portable sources and achieving modeling solut ions. It is only in this manner that a thoughtfully conceived program and regulation package can be developed. We believe this can be accomplished over a period of several months.

### Additional Information :

Explanation document titled Description of the Proposed Changes to 18
AAC 50 ; March 2, 20121 

### Description of the Proposed Changes to 18 AAC 50

March 2 , 2012

Section Discussion

18 AAC 50.010 Added federal 1

- hour nitrogen dioxide ( NO 2 ) ambient air quality standard

. Revised language regarding annual average standard to better match the federal wording

.

18 AAC 50.020 Added federal 24

- hour and annual average fine particulate matter (PM

- 2.5) maximum allowable increase (increment)

. Revised the language to better match the federal wording. However, used Alaska

specific language, as needed, in regards to the Alaska ambient air quality standards, the Alaskan air quality control regions, and Alaska

- specific regulatory citations. Improved the interface between 18 AAC 50.020 and 040 in regards to increments by: Adding a new subsection which contains the “ambient air ceiling” provisions. The federal “ambient air ceiling” language was previously adopted by reference in 18 AAC 50.040(h), but was never referred to in 18 AAC 50.020. Moving the provision to

18 AAC 5 0.020 provides a clear reference to this previously implied limitation and also allows the Department to refer to the Alaska air quality standards rather than the federal air quality standards. Replacing the current language regarding baseline concentra tions with a reference to the federal provisions adopted by reference in 18 AAC 50.040(h)(4). This approach automatically pulls in the new PM

- 2.5 provisions in 40 CFR 52.21. It also provides consistency between 18 AAC

50.020 and 040 , which was previousl y lacking

. Adding a new paragraph that describes “baseline area” This term was previously adopted by reference in 18 AAC 50.040(h), but the adoption did not provide a cross

- link to the air quality control regions listed 18 AAC

50.015.

18 AAC 50.030 Re vised adoption date of the state air quality control plan so that the changes can be

forwarded to the U.S. Environmental Protection Agency (EPA) for subsequent processing as a state implementation plan ( SIP ) submittal.
18 AAC 50.035(b)(1) Added the adoption by reference of 40 CFR 50, Appendix S.

18 AAC 50.040(h) Revised adoption date in order to incorporate EPA’s Prevention of Significant Deterioration (PSD) significant monitoring concentration for PM

- 2.5 and Class I significant impact lev els (SILs) for PM

- 2.5

. Revised/repealed the following subparts to improve the interface with the increment provisions in 18 AAC 50.020 : Added a new paragraph (4)(D) that references the “baseline area” definition in 18 AAC 50.020(g) rather than 40 CFR 52.21(b)(15 ). Repealed (h)(5) since the “ambient air ceiling” provisions in 40 CFR 52.21(d) are now described in 18 AAC 50.020(b)(5).

18 AAC 50.215(b)(2) Changed the reference to 18 AAC 50.020 instead of 18 AAC 50.020(b)(2) since the methodology for calculating increments entails all of

18 AAC 50.020 , not just the provisions in (b)(2)

. Replaced the increment exclusion for sources located outside of the United States

with a reference to the broader exclusions in the federal PSD rules adopted by

reference in 18 AAC 50.040 . The broader exclusions were previously pointed to in2 18 AAC 50.306 , but not 18 AAC 50.215(b)(2)

.

18 AAC 50.215(d) Except as noted below, m aintained the previously proposed changes to the general SIL language since that language has not yet been finalized. Included the specific averaging periods for the PM

- 2.5 SILs to enhance clarity. This also effectively corrects a typographical error in the previous ly proposed change. The phrase “PM

- 2.5 SIL” should have been plural (“ PM

- 2.5 SIL s ”

– emphasis

added )

. Added EPA’s interim SIL for the 1

- hour NO 2 standard

.

18 AAC 50.306(b)(2) Replaced the previous wording regarding increment exclusions with a reference to the increment exclusions listed in 18 AAC 50.215(b). This provides automatic consistency between Articles 2 and 3 (which was previously lacking).

18 AAC 50.502(c)(1) Added a n emissions threshold for new PM

- 2.5 stationary sources . Used EPA’s PSD significant emission rate (SER) of 10 tons per year (tpy) since the emission thresholds for the other pollutants also match the PSD SER. However, only included
EPA’s direct emission threshold. Did not include EPA’s precursor thresholds for

PM

- 2.5 since the minor permit thresholds in 18 AAC 50. 502(c) are essentially used to trigger a modeling review, and EPA has not yet developed an adequate new source review (NSR) model for estimati ng PM

- 2.5 impacts from precursor emissions.

18 AAC 50.502(c)(3) Added emission threshold s for existing PM

- 2.5 stationary sources. To maintain consistency, u sed the same 10 tpy value as currently used for particulate matter with an aerodynamic diameter of no more than 10 microns ( PM

- 10 ) , sulfur dioxide ( SO 2 ) and nitrogen oxides.

18 AAC 50.502(i) Added a new section to codify the Department’s practice of exempt ing fugitive emissions from being used to determine minor permit applicability

, unless the

stati onary source is included in 40 CFR 52.21 (b)((1)(iii), adopted by reference in 18 AAC 50.040(h)(4).

18 AAC 50.540(c)(2)(B) Replaced the requirement to model PM

- 10 impacts from portable oil and gas operations with a requirement to model PM

- 2.5 impacts instead. Since most particulate emissions from combustion units are in the PM

- 2.5 range and the PM

- 2.5 standard is much tighter than the PM

- 10 standard, there is no need to model both types of particulates

.
18 AAC 50.540(d) Clarified that the carbon monoxide threshold only pertains to sources located with 10

kilometers of a carbon monoxide nonattainment area.

18 AAC 50.54 2 (c)(2) Made the following changes

. Added a demonstration threshold for PM

- 2.5. Assumed the existing 2 4

- hour average concentration in areas where fast

- track is allowed is 18 μg/m 3

, which is essentially half of the 35 μg/m 3 air quality standard. The basis for

the 18 μg/m 3 value is described in the November 30, 2010 internal guidance
document “General Conce pts to Consider When Reviewing a PM

- 2.5 Modeling Assessment Submitted in Support of a Permit Application

, ” posted on the Department’s web

- site at: http://dec.alaska.gov/air/ap/modeling.htm

. M ade m in or editorial changes.

Clarified that the sum of the projected and existing impacts ( with background

) , can be compared to the ambient air quality standard rather than

the demonstration threshold.