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 Filing Certification of Lt. 

Governor Mead Treadwell signed by Lt. Governor Mead Treadwell on 

December 5, 2012.

Draft copy of changes to regulations with changes indicated by bold, 

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Mead 

Treadwell, 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 header 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 N02 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, 2012

Comment Period Ends

April 10, 2012, 5:00 p.m.

Sean Parnell

Governor

Larry Hartig

Commissioner
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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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 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, 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 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
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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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, 1988
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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 

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 per 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
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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). [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 per 40 C.F.R. 

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

18 AAC 50.040(h).

... 
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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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 

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 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 ENVIRONMENTAL CONSERVATION DRAFT

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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
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Sulfur dioxide:

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

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

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

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

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

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

Nitrogen dioxide:

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

PM-2.5:

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

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

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

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

CLASS III

PM-10:

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

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

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

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

Sulfur dioxide:

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

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

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

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

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

................700
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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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) 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). [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 

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
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(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 

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 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 equal 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 46.14.030
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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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 following documents which are also adopted by reference:

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

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

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 

11/9/2008, 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 ___/___/___, Register ___)

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

AS 46.14.020 AS 46.14.140

18 AAC 50.035(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 ENVIRONMENTAL CONSERVATION DRAFT

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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.F.R. 52 (Approval and Promulgation of Implementation 

Plans), as revised as of July 1, 2011 [AUGUST 2, 2010], 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 46.14.010
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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) [ATTRIBUTABLE TO NEW 

SOURCES OUTSIDE THE UNITED STATES OVER THE CONCENTRATIONS 

ATTRIBUTABLE TO EXISTING SOURCES INCLUDED 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 increase 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; or
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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(B) the highest multi-year average concentration when using a multiyear 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 SILs for PM-2.5 are in 40 C.F.R. 52.21(k)(2), adopted by 

reference in 18 AAC 50.040(h). There are no Class I SILs for any other air pollutant as of 

{adoption date of the regulations}. 
Register ____, ________ 2012 ENVIRONMENTAL CONSERVATION DRAFT

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(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 ___/___/___, 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 50.306(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 50.306(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.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 46.14.140
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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 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; [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; or
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(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 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 ___/___/___, 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 50.540(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;

... 
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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 violation 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 background 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; 
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(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 

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 ___/___/___, 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 46.14.200
Mead 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 exis 
Register ___, _______ 2013 ENVIRONMENTAL CONSERVATION

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18 AAC 50.010(5) is amended to read:

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

(A) 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.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, 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 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. 

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 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
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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
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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 CONTROL 
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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 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

..................8
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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
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Nitrogen dioxide:

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

PM-2.5:

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

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

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

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

CLASS III

PM-10:

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

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

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

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

Sulfur dioxide:

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

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

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

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

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

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

Nitrogen dioxide:

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

CONCENTRATION IS THE AMBIENT CONCENTRATION OF THE AIR POLLUTANT ON 

THE APPLICABLE BASELINE DATE, PLUS THE CONTRIBUTION 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 
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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 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, Register 

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

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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 46.14.140

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.F.R. 52 (Approval and Promulgation of Implementation 

Plans), 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 ___/___/____;

18 AAC 50.040(h)(4) is amended by adding a new subparagraph 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 ___/___/____;
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18 AAC 50.040(i)(1)(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.F.R. 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.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:

(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, 
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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 ____)

Authority: 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) [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 
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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 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 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 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]
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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 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)(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 50.306(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.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 ____)
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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 determining 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 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 ___/___/____, 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 accordance with 18 AAC 50.215(b) - (e) that the proposed potential 
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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 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 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 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.
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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 

___/___/____, 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 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-10, or 80 percent of each ambient standard for 

sulfur dioxide or nitrogen dioxide [OXIDES];

(B) for a modification, the predicted concentration resulting from the 
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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 ___/___/____, 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 46.14.200
Register205, 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. 

1 
Register 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 

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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 

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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 

4 
Register 2D5, 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 

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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 

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, 

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 

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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 

8 
Register 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 

9 
Register 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 ; 

10 
Register 205, 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, 

11 
Register2/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 

12 
Register 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' 19~1 'fi lcan t I m}!3C t L eve I s s (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 

13 
Register.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 2D13, 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 20 (3, Register .2.oS) 

14 
Register 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 _(_/~ 2013, 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 

IS 
Register 205, 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 46.14
2009 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 the 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 or 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 necessary 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, operation, 

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 commercially 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 equipment, 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 recent 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 provided in AS 37.10.050 - 37.10.056, the Department of 

Environmental Conservation 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 defined in AS 

37.10.058 , of inspections, permit preparation and administration, 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 of inspection for motor vehicles under AS 46.14.400 or 46.14.510;

(3) drinking 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 not 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 services 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 the 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 for 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 cooperate 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 be 

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 federal 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 subsurface 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, agricultural, 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, vessels, 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 Discharge Elimination System program in 
2009 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 

lawful 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 of 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 section 
2009 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

conditioned 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 brought 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 46.08.070(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 - 46.03.475, 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 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 

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 discharged; 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 term 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 

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; 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.

(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 

regulation, 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 residents 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;
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(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 immediate 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 determines 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 determination. 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 determination. 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. The 

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 proposed 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 proposed 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 

section, 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 the 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 administrative 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 this 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 whether the notice of appeal is complete and otherwise in conformance with court 

rules is the responsibility of the superior court.
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(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 separate 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, investigation, 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 under 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.
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(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, approval, 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 threat 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 compliance 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 injures 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 degraded 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, approval, 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;
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(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 1990]. 

(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);
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(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 regulation adopted under AS 46.03.020 (12); or

(5) renders inaccurate a monitoring 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 the 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 department 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 hold 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.
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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 specifically 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;
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(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 enjoyment 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 substances 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 environment 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 process 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 precious 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 than
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(A) used nuclear reactor fuel;

(B) waste produced during the reprocessing 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 uranium 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, industrial, 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 collection 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 singlefamily 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 may 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 

other 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;
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(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 function 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 stations, 

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 solid 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 the 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 

waste 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 department;

(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;
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(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 borough 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 regulations 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, natural 

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 added 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 include 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;
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(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 or salt, which are wholly or partially in or bordering the state or under the jurisdiction of 

the state.
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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 

amended, 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 emergency 

regulations under AS 44.62.250 , the department may adopt the following 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 corresponding 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 hazardous 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 standard under the authority of AS 46.14.120 (e) or 46.14.130(c)(2).

(c) In preparation for peer review under AS 46.14.015 and before adopting a regulation 

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 technologically 

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 conditions 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.
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(e) When incorporated into more than one permit, emission standards and limitations, 

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 unless 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 foreseeable.

(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 findings 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 commissioner 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 review 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 days before the public 

hearing required under AS 46.14.010 (a), at convenient 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 persons 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 peer 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 is 
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not considered significant under this subsection if it is an interest possessed 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 quality. 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 calculated 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 construction, 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 operator 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 person 
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operating under the application shield available under AS 46.14.140 (a)(12) and 46.14.275, shall 

comply with 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 local 

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 and, 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 constructing, 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, or 
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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, "major 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. 70.6, 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 stationary 

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 applications;

(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;
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(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 include 

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 emissions 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;
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(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 designs 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 relieve 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 stationary 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 applications 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 

completeness. 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.
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(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. Administrative actions regarding permits.

(a) Except as provided in AS 46.14.220 or 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; and
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(2) monitoring activities must be consistent with the applicable emission 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 stationary 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 otherwise 

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 interest 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 the 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 operating 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 particular 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 and 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 permit 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 purposes of AS 46.14.130 (b), the department may issue a single operating permit under AS 

46.14.170 , authorizing a stationary source to operate at specific multiple locations in the state 
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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 operating 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 the 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 objection 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 this 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. Duration 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 under AS 46.14.215 or unless a shorter term is requested 

by the permit applicant.

(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 termination, 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 

department 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 established 
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under (b) of this section except that the person named in a permit issued 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 section.

(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 source'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 section. 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 emission 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 apportionment 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, limits 
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upon assessable 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 proper 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 department 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 other 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 permits, 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 

provided to a specific facility, including the costs incurred by the department or a local air 
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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 shall 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 established. 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 costs 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 creates 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 AS 
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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 information 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 

operator are required to submit an application under AS 46.14.150 .

Sec. 46.14.280. 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 minor 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 

must be revised to comply with 42 U.S.C. 7401 - 7671q (Clean Air Act) and regulations adopted 

under 42 U.S.C. 7401 - 7671q; or
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(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 change 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 those 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 changes 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 that 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 and regulations adopted under AS 46.14.140 .

(b) The department shall review 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; or
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(2) the requirements are determined in writing not to be applicable to the permitted 

stationary source; a determination 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 applicable 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 requirements 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 defined 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 that 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.
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(a) There is established in the department a compliance 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 selection 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 business 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 Act);
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(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 opinions.

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 basis 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 

create 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 concentrations 

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 control 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 administration.

(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 responsibilities. 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;
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(4) the procedures that must be followed by the municipality or local air 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) of 

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 seeks 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 this 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, upon 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 reasonable 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 air 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, emission 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 to 
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exceed $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 46.14.400 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 determination 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, after 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 necessary 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 department 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 the 

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 partially 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 quality 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 efficiently 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.
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(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 same 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 relating 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 other 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 regulation, 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 otherwise 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 department 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 of 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, 
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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 required 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 the 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 legislature 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 monitoring 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 operator, 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) sample 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 secrets.

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 owner and operator have certified under oath 

to the department or authorized local program that
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(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 the 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 provided in AS 46.14.520 , permits, permit applications, emissions and monitoring 

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 municipality 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 administration 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 requirements 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 may impose 

other conditions the commissioner finds necessary and appropriate.
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(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 considered 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 unavoidable 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 noncompliance 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 requirement.

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 

health, or safety.

Sec. 46.14.990. Definitions.
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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 standard, 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 temporarily 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 trade 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 environmental 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 letters, 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" means the administrator of the United States Environmental 

Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009]. 
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(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 quality control program" means a program authorized under AS 46.14.400 to 

implement 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 or 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 orders;

(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 possessory 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, agencies, 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 Air 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 air 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;
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(27) "tank vessel" means a waterborne vessel, 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. Part 51 Appendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air 

Quality Control Regulations, 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 2013, 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 CONSERVATION CANNOT GUARANTEE ITS ABSOLUTE 

ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED 

WITH THE LIEUTENANT GOVERNOR 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 OFFICIAL 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 the replaced provisions before January 18, 1997. The 

numbering of sections is not related to the numbering before January 18, 1997. Previous amendments of this chapter are on file in the Office of the Lieutenant Governor and are found at 

Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register 88, 

10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; 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; Register 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 

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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 control 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; 
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 (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 98th 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 three-year average of the annual fourth-highest daily 

maximum eight-hour average ozone concentration is less than or equal to .075 parts per million; 
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(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, 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); 

(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 6/24/2004 
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(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 Alaska 
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(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, Register 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 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.
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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 pollutant 
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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. 
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Table 3. Maximum Allowable Increases 

Classification of area 

in 18 AAC 50.015(c) 

Table 1 Air Pollutant 

Maximum allowable 

increase (micrograms 

per cubic meter) 

CLASS I 

PM-10: 

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

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

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

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

Sulfur dioxide: 

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

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

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

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

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

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

Nitrogen dioxide: 

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

PM-2.5: 

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

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

.........1 

.........2 

CLASS II 

PM-10: 

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

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

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

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

Sulfur dioxide: 

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

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

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

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

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

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

Nitrogen dioxide: 

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

 PM-2.5: 

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

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

.........4 

.........9 

CLASS III 

PM-10: 

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

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

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

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

Sulfur dioxide: 

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

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

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

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

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

 ................ 700 
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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 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 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 activity 
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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 

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(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, 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 

11/9/2008, 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 

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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 Fluorescence 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 Rateometric 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 Performing 
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the Sieve Analysis of Coal and Designating Coal Size, approved November 27, 1987; 

(10) ASTM D 1140-97, Standard Test Method for Amount of Material in Soils 

Finer Than the No. 200 Sieve, approved May 10, 1997; 

(11) ASTM D 422-63 (Reapproved 1998), Standard 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 Performance 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 Tube 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, Register 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 Testing and Materials (ASTM), Publications 

Department, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959, phone 

(610) 832-9585; fax (610) 832-9555. 
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 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, 
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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: SO2 Emissions); 

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral 
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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 for 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 pollutant 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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major 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 

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(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 Modacrylic 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 Polyurethane 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 Defined 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 Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Dispensing Facilities); 

(36) Subpart EEEEEEE (National Emission Standards for Hazardous Air 

Pollutants: Gold Mine Ore Processing 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 Waste 
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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”); 
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(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. 
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(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 

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(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, Register 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 is 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 regulation 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 provisions 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 

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(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 curtain 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 limit 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 sludge 

by 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, from an industrial process or fuel-burning 

equipment may not reduce visibility through the exhaust effluent by 

(1) more than 20 percent averaged over any six consecutive minutes, except as 

provided in (2) - (9) of this subsection; 

(2) more than 30 percent averaged 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 a 

daily 24-hour average of five-second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance Specification Number 

1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; 

(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 

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(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 

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(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 

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(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel gas containing 230 milligrams 

hydrogen sulfide per dry standard cubic meter; 

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

(C) for fuel-burning equipment that burns a combination of fuel gas and 

other fuels, a concentration based on the 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, Register 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 relief systems, and recovery systems; and 

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks, 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 materials 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 acidic 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 

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(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 maximum 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 based on whether the proposed open burning is 

likely to adversely affect public health in the neighborhood of the structure; 

(B) visually identify materials in 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; and 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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(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 without 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 

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(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 

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

AS 46.14.010 

18 AAC 50.075. Wood-fired heating device visible emission standards. (a) A person 

may not operate a wood-fired 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 organic 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 and delivery tank emission standards. 

 (a) The owner, operator, or permittee of a stationary source that is located in the Port of 
Register 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 determination 

under this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid 

Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 

18 AAC 50.030; 

(E) prevents the gauge pressure in any delivery tank connected to the 

vapor collection system from exceeding 18 inches of water; and 

(F) does not contain a pressure relief valve designed to open at a gauge 

pressure of less than 18 inches of water, 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 concentration 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 permittee 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 classification 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 requirements. (Eff. 1/18/97, Register 141; am 

10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

AS 46.14.020 

18 AAC 50.110. Air pollution prohibited. No person may permit any emission which 

is injurious to human health or welfare, animal or plant life, or property, or which would 

unreasonably interfere with the enjoyment of life or property. (Eff. 5/26/72, Register 42) 

Authority: AS 46.03.020 AS 46.03.710 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 stationary source and other information designated by 

the department. (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 

18 AAC 50.201. Ambient air quality investigation. (a) Upon a finding by the 

department that emissions from an existing stationary source have a reasonable likelihood of 

causing or significantly contributing to ambient concentrations of one or more air pollutants that 

exceed an ambient air quality standard, maximum allowable increase, or the limitations of 

18 AAC 50.110, the department may require the 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 imposed 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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, the 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 

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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. 
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(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 dioxide significant impact level, or the one-hour 

sulfur dioxide significant impact level, the person shall compare 

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

 meteorological data or 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, Register 146; am 10/1/2004, Register 171; am 

7/25/2008, Register 187; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 

9/17/2011, Register 199; am 9/14/2012, Register 203; am 1/4/2013, Register 205) 

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); 
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(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 Procedures," of the state air quality control plan, 

adopted by reference in 18 AAC 50.030; 

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, 

fluorides, sulfuric acid mist, municipal 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 emission 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 

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Where: 

E = the total particulate emissions of the source in grains per dry standard 

cubic foot (gr/dscf). 

EM = the particulate emissions in gr/dscf measured during the test that included 

the routine maintenance activity. 

ENM = 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, Register 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 





 



 



 





R x A

BS - R

(R - S) + E R x A

S E= EM (A+ B) x NM
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 apply 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 

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(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 approval 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

49 

under (f) of this section as if the limit had never 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, unless 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, Register 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 remains 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 operator 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 reasonable 

inquiry, I certify that the information in this request is true, accurate, and complete"; and 

(ii) the owner or operator fully understands the conditions 

required under (2) of this subsection and agrees to those conditions in order to 

limit nitrogen oxide emissions from the 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. 
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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 limit 
Register 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, Register 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; and 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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(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 

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(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. 
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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 

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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 construction 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 a 
Register 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 adopted by reference. (Eff. 1/18/97, Register 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 identified 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 source 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 refined 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 terms 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 the 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 SO2, NOx, and PM10. 

 (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 of 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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). 
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(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 

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 (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 visibility 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 office. 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 

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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. 
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(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 or 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 50.326 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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, a 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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(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 for 
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(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 

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(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. 
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(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; repealed 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 this 
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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 at 
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(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; or 
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(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; 
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(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 CO2 equivalent emissions (CO2e); 

(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; 
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(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; 
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(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; this 
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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; 
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(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; 
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(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 petroleum 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: 
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(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 closure 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 butane, 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, propane, 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; emission units under this paragraph do not include 

internal combustion engines; 

(10) welding using not more than 50 pounds per day of welding rod; 

(11) foundry sand molds, unheated and 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, fountain solutions, thinners, retarders, or nonaqueous 

solutions if they do not contain hazardous air pollutants; 
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(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 feet 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. 
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(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; 
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(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 application 
Register 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 application, 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, Register 171; am 12/1/2004, Register 172; am 

9/17/2011, Register 199; am 9/14/2012, Register 203) 

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190 

 AS 46.14.010 AS 46.14.150 AS 46.14.220 

 AS 46.14.020 AS 46.14.170 AS 46.14.230 

 AS 46.14.120 AS 46.14.180 AS 46.14.515 

 AS 46.14.130 

18 AAC 50.330. Operating permits: exemptions. Repealed. (Eff. 1/18/97, Register 

141; repealed 10/1/2004, Register 171) 

18 AAC 50.335. Operating permits: application. Repealed. (Eff. 1/18/97, Register 

141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, 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 emissions 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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; and 
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(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) 
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Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140 

AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) 

For a construction permit or Title V permit, the department will use the standard permit 

condition in this subsection, unless the department determines that emission unit-specific or 

stationary source-specific conditions more adequately meet the 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. 
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(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 

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Table 7 

Standard Operating Permit Conditions 

Emission Unit or Activity Standard 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 Standard Operating Permit Condition XI – SO2

Emissions from Oil Fired Fuel Burning 

Equipment, August 25, 2004 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII – 

SO2 Material Balance Calculation, August 25, 

2004 

–Coal fired boilers Standard Operating Permit Condition XIII – 

Coal Fired Boilers, August 20, 2008 
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(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; repealed 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; repealed 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; repealed 10/1/2004, Register 171) 

18 AAC 50.385. Permit-by-rule for certain small storage tanks. Repealed. (Eff. 

6/21/98, Register 146; repealed 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 

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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, the 
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(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 is 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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 (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, 
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 (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); 

 
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 (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; and 
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 (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, natural 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; and 
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(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, Register 172; am 1/29/2005, Register 173; 

am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 7/1/2010, Register 194; 

am 9/14/2012, Register 203) 

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140 

AS 37.10.052 AS 46.03.020 AS 46.14.240 

AS 37.10.058 

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, 

Register 171; repealed 1/29/2005, Register 173) 

18 AAC 50.403. Negotiated service agreements. If a fixed permit administration fee 

has not been set under 18 AAC 50.400(a) - (i) for a designated regulatory service, the permittee, 

owner, or operator of a stationary source 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 permitting 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); 
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(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 by 
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(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 required to obtain an operating permit under 

AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal 

year following the state fiscal year in which 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, 
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(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, Register 168; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 12/3/2005, Register 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. 
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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, Register 141; am 10/16/2003, Register 168; am 

10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.240 AS 46.14.255 

 
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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, Register 141; am 7/11/2002, Register 163) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.240 

18 AAC 50.499. Definitions for user fee requirements. In 18 AAC 50.400 – 

18 AAC 50.499, unless the context requires otherwise, 

(1) “designated regulatory service” has the meaning given in AS 37.10.058; 

(2) “direct cost” has the meaning given in AS 37.10.058; 

(3) “hourly rate of salary and 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 37.10.058 
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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; or 
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(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; or 
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(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 actual construction, the owner or operator of the 

stationary source shall 
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(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 emissions 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; 
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(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; 
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 (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 that date, if the project involves increasing the 

emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full 

utilization of the unit would result in an emissions increase or a net emissions increase greater 

than a threshold in (c)(3) of this section. 

(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; or 
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(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; and 
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(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 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 

(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 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 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 provide 
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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 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 1/4/2013, 

Register 205) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180 

 AS 46.14.020 AS 46.14.140 

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance 

procedure options. The department will use either the fast-track procedures in (b) and (c) of 

this section, or the procedures in (d) of this section to issue a stationary source-specific minor 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 in 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 ambient 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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; and 
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(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 department’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 permit 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 department 
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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 50.225 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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; 
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(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; 
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(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, Register 172; am 1/29/2005, Register 173; am 

7/25/2008, Register 187; am 11/9/2008, Register 188; am 12/9/2010, Register 196) 

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 

 AS 46.14.010 AS 46.14.130 AS 46.14.180

 AS 46.14.020 AS 46.14.140 AS 46.14.250 

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the 

procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor permit, either at the request of 
Register 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 administrative 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 

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(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 the 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 46.14.170 
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Article 6. (Reserved
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 prior 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, 
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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); 
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(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 procedures: 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 synchronization 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 at 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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 regionally 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 the 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 must 
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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; and 
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(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 conformity determination, based on changes made to the 

preliminary draft during the consultation process, and shall make the public review draft 

available for public review and comment as required in 18 AAC 50.720. 

(g) After opportunity for public review and comment on the public review draft of the 

conformity determination, the responsible agency shall 
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(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 board 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); or 
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 (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 significant 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) 
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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 action 

is 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) 
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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 46.14.030 
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Article 8. (Reserved)
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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; 
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(2) a federally-enforceable requirement; or 

(3) state law. (Eff. 1/18/97, Register 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 on 
Register 205, April 2013 ENVIRONMENTAL CONSERVATION 

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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, coal processing and conveying equipment, breakers 

and crushers, coal storage systems, and coal transfer systems within the stationary source; 
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(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 Land 
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Management/Alaska Fire Service; 

(39) "fuel-burning equipment" means a combustion device capable of emission; 

“fuel-burning equipment” includes flares; “fuel-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, atmospheric discoloration, and any other change 

in visual range, contrast, or coloration; 

(48) "incinerator" means a device used for the thermal oxidation of garbage or 

other wastes, other than a wood-fired heating device, including an air curtain incinerator burning 

waste other than clean lumber, wood wastes, or yard wastes; 

(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" under 
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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; 
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(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 organic 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 in 
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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 the meaning given in 40 C.F.R. 52.21(b)(50), 

adopted by reference in 18 AAC 50.040(h); 

(93) "responsible official" means 
Register 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 who 

performs 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 68o 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 volatile 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 with 
Register 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 O3; 

 (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) “CO2 equivalent emissions (CO2e)” 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, Register 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 46.14.290 
Register 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 1993 

 
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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

Comment (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

4/1/2010;

9/17/2011;

and 1/4/2013

2/5/07 7/21/98 YES No changes made

Adoption of new and 

revised standards. 

Adoption of new standard.

Adoption of new NO2

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 

including 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 Amend 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 Plan
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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)

18AAC 50.030(3) X Port of Anchorage 

Provisions

7/25/2008 2/5/07 1/18/97 NO Updated language to 030(3); 

no EPA Action Required

18 AAC 50.035 X Documents adopted by 

reference

7/25/2008;

11/9/2008;

4/1/10;

12/9/2010;

9/17/2011; 

9/14/2012; 

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 

dates; 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 dates 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 information 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 Incinerator 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 section
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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 50.055 X Industrial processes & 

fuel burning equipment

7/25/2008 

and 

12/9/2010

2/5/07 10/1/04 YES Clarifying 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 50.085 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 Quality 

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;

9/17/2011;

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 language in 

215 (b) and (c); added SIL 

modeling language to 
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215(d); added 

AERSCREEN and deleted 

SCREEN3 language in 

215(e)

Clarified language, added 

cross-references, added 

PM-2.5 and NO2 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,

9/17/2011, 

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 

7/1/2010

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

7/1/2010

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 made
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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 50.302 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 Repealed 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); 

repealed 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 Repealed 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;

9/17/2011;

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 required

18 AAC 50.340 X Repealed 10/1/2004 N/A N/A No action required
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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 50.341 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 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 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 

conditions; 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 action 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 required
G:\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 

Approval 

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, 

7/1/2010, 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; clarifying 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

7/1/2010

NO No changes made; do not 

desire these fees to be part of 

EPA approved SIP; 403 

amended to correct crossreference 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 

7/1/2010

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

7/1/2010

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 and 
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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

Previous 

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 508(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 NO2

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) amended 
G:\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

Previous 

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 AAC 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 4/1/2010

2/28/00 1/4/95 NO No action required; 

Transportation Conformity

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 Conformity 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;

4/1/2010;

12/9/2010;

and 9/17/11

2/5/07 12/3/05 YES Definitions (21) and (77) 

repealed; amended 

definitions( 42(A)) and (63) 

to include revised dates; 

amended definition (59) to 

reference definition 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 definition due to 

C.F.R. printing error; 

added definitions for 
G:\AQ\General\PROGDEV\SIP Revisions\2012 1-hr NO2 SIP Submittal\Revision Table 2013.docx 10 of 10

greenhouse gases and 

CO2e; clarify definitions in 

990; delete Editor’s Note 

from 12/9/2010
40 C.F.R. Part 51 Appendix V 2.1. (e) 

Evidence State Procedural Requirements Satisfied:

and

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

Dated Evidence of Proper Public Notice:

and

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

Certification that Public 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, 

2012.

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, 2012

(affidavit 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, 2012

(affidavit signed March 28, 2012).

Affidavit of Supplemental Publication, 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.
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 Committeesofthe

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 ofthe 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 Specialist
__
Motes eltkesley, Andrea andrea_blabsley@nps.gov sent 4/6/2012 2:10 PM

Sloecher, Patuick pabloedwrtnithtocg Soil 416/2012 210 PM

aRENA, JEMIETTE Jewe(te.brenaCcar&m.cQn Sene 46/2012 210 PMauckbee, Rachel rathel.buclteeC’bp.corn Senet 4/6/2012 2.10 PM

BURKE, TIMOT1W thnoohy.burketavcenergy.coni Sent 4/6/2012 2:10 PM

Cnrnezld. Merta malaaarne2lS.steigeitcon, Sent 4/6/1612 2:10 PMDuggins. Sims sims.dugginszaecom.com Sent 416/2012 2:00 PM

EDWARDS, ALICE alice.edwards@alasIca.gov Sent 4/6/20122:10 PM %

Fowler, Paula paula.iowler@elmendorf.al.mll Sent 4)6/2012 2:10 PM

Graham, Daniel dan@pacrimcoal.com Sent 4)6/2002 2:10 PM

KIMBALL COURTNEY cldmbollçslrconsulting.corn Sent 4/6/2002 2:10 PMLekanol, Jolene jlekanoi@tdypower.com Sent 4/6/2012 2:10 PM

IJNOSEY, CHRISTOPHER chndsey@slrconsulting.com Sent 4/6/2012 2:00 PM

LOWrHER, SEM *,itiertbdae’p.coni sent 4)6/20122:10 PMMcCauand, Heather heather.mccauslsdcyahoo.ccen Sent 4)6(2012 2:10 PM

Menefee, COwls chsles.n,eneteectectcoen Sent 4/6/2002 2:10 PMMuon, Treni, we4s,mdhonCmarshcreedc.com Sent 4/6/20122:10 PM

WBOtftD, DeMISE thevkouidc.eearoc000tings.et Sent 4/6/2012 2:10 PP.4

Richcreek, Jennirer Jrlchcreelc®kodlatcoop Sent 4)6/2012 2:10 PMRiste, Alana ariste@drvonsultEng.com Sent 4/6/2002 2:10 PM

Roberts, Robei’t rrober24@csc.com Sent 4/6/2002 2:10 PM

Ryan, sally selly.ryan@cardno.com Sent 4/6/2002 2:10 PMSARAN, JENIIIFOR Jsaran@hecla’minlng.com Sent 4/6)2012 2:10 PM

Sdiuler, Men elen.schuler@alaskagov Sent 4)6/20122: LO PM

SIR Casilmng / Associate Scientist aluson@*cor.sdteiocan Sees 4/6(2012 2:10 PM

SMITH, PBECCA rebeccesmlUo@Meska.gov Sent 4/6/20022:10 FM

SPOS6O, MARiC mertspano®avn.u.biz Sent 4/6/2002 2:10 PMspano, Moat mt.spanoqannj.Nz Sent 4/6/3002 210 PM

Strang, Eni erttstrangCtwosin Sent 4/6/2012 210 PM

Stringhem, KatherIne katherlne.enlngharn.us.al.m,l Sent 4/6/2002 2:10 PM

Trbo’ach, Alan aotovlch@slrconenltlng.com sent 4/6/2002 2:10 PM

Walker, Marlin whitt.walker@mda.mil Sent 4/6/2012 2:10 PM

Open tndMdual Reload Recipients
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 PMEDWARDS, 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 PMUIDSEY. CHRISTOPHER clndseyCslrconsullng.com Sent 4/6/2012 2:10 PM

McCausland, Heather heather.mccausland@yahoo.com Sent 4/6/2012 2:10 PMMenefee, 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 PMmste, Alana ariste@slrconsultlng.com Sent 4/6/2012 2:10 PM

Roberts, Robert rrober24csc.com Sent 4/6(2012 2:10 PMRyan. 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 PMStringham, 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 Recipients


• adopt new standards, maximum allowable increases, significant impact levels, and

emission thresholds for specific air pollutants and adopt associated clarifyingchanges in 18 AAC 50.010, 18 AAC 50.020, 18 AAC 50.035, 18 AAC 50.040, 18

AAC 50.2 15, 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: Analysis of Problems, Control 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 Documentation;• Include a copy of Alaska’s Public Official Financial Disclosure

Regulations; and

• Include a copy of Alaska’s Executive Code of Ethics.

• 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 regulations.• adopt revised language and clarifications to existing regulations in 18 AAC

50.020, 18 AAC 50.2 15, 18 AAC 50.306, and 18 AAC 50.540 to provide

consistency with earlier amendments.

• add new language clarifying permit applicability to 18 AAC 50.502.

• 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.

This supplemental public notice is being issued to extend the deadline for the end of the

public comment period.

You may comment on the proposed regulation changes, including the potential costs to privatepersons of complying with the proposed changes, by submitting written comments to RebeccaSmith, Environmental Program Specialist, Air Permit Program, Alaska Department ofEnvironmental Conservation. 410 Willoughby Ave., Suite 303, P.O. Box 111800, Juneau, AK99811-1800, by facsimile at: (907) 465-5129, or by e-mail to the Air Quality Comments Docket

at dec.aq.airdocket@alaska.gov. Comments must be received by 5:00 p.m., on April 24, 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

this public process, please contact Deborah Pock at (907) 269-0291 or TED Relay Service 1-
Department Explanation of the Proposed Changes document are available from the DEC AirQuality web site at https://myalaska.state.ak.us/dec/air/airtoolsWeb/PublicPermitListings.aspxand at http://dec.alaska. gov/air/ap/regulati.htm

After the public comment period ends on April 24, 2012, DEC will either adopt these or otherprovisions dealing with the same subject, without further notice, or decide to take no action onthem. The language of the final regulations may be different from that of the proposed

regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR

INTERESTS COULD BE AFFECTED. Written comments received are public records and aresubject to public inspection.

Statutory Authority: AS 46.03.20, AS 46.03.7 10, AS 46. 14.010, AS 46. 14.020, AS 46. 14.030,

AS 46.14.140, AS 46.14.180Statutes 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.

Dated: April 6, 2012 Larry ig, Commissi

Anchorage, Alaska
AND CLARIFY REGULATIONS.

3. Citation of regulation (may be grouped): 18 AAC 50.010, 18 AAC 50.020. 18 AAC

50.030, 18 AAC 50.040, 18 AAC 50.215, 18 AAC 50.306, 18 AAC 50.502, 18 AAC50.540, and 18 AAC 50.542

4. Reason for the proposed action:

(x) compliance with federal law( ) compliance with new or changed state statute

( ) compliance with federal court order(x) development of program standards( ) other:

5. Program category and BRU affected: Air Permits Program, Air quality

6. Cost of implementation to the state agency and available funding (in thousands of

dollars)

Initial Year Subsequent

FY2012 Years

Cost $0_ $0_General fund $ 0_ $ 0_Federal funds $ 0_ $ 0_Other funds(specify) $ 0 $ 0_

7. The name of the contact person for the regulations:

Name Tom Turner

Title Environmental Program ManagerAddress 619 E. Ship Creek, Suite 249

Anchorage Alaska 99501

Telephone (907) 269-8123E-mail address tom.turner@alaska.gov

8. The origin of the proposed action:

x staff of state agencyx federal government

general public

petition for regulation change other (please list)

9. Date: April 6, 2012

Prepared by:Name: Rebecca Tyson Smith

Title: Environmental Program SpecialistT..ic:pi...one: (907) 45-5121
NOTICE 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 Administrative 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 50.010, 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: Analysis of Problems, Control 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 Documentation;

• 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 AAC 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 regulations.

• 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 50.502.

• 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 regarding 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 Environmental 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 the 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 Rebecca 
Smith, Environmental Program Specialist, 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.gov. 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 

this 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 regulations 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 proposed 

regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR 

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

subject to public inspection.

Statutory Authority: AS 46.03.20, AS 46.03.710, AS 46.14.010, AS 46.14.020, 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.
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 beforeme this

c9’ day

01777t11Zc1”

p

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

nlanguage 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

Miougity

Permit Program, Alaska Department of Environmental conservation, 410 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

Mardi

or TOO Relay Service 1-800-710’e973/’rTY or dlai 71% no later thai 26,2012,10 aisse that any necessay accommedatlens can be provided.

For a copy of the proposed regulation changes, contact Retecca Smith, Air

WllioughbyAve.,

Permit Program. Alaska Department of Environmental Conservation, 410 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

Published: March 4 & 5,2012
Joleesa Stepetinbeing first duly sworn on oath

deposes and says that he/she is

a representative of theAnchorage Daily News, a

daily newspaper. That said

newspaper has been approved

by the Third Judicial Court,

Anchorage, Alaska, and it nowand has been published in the

English language continually as adaily newspaper in Anchorage.

Alaska, and it is now and duringall said time was printed in an

office maintained at the aforesaidplace of publication of said

newspaper. That the annexed isa copy of an advertisement as itwas published in regular issues

(and not in supplemental form)

of said newspaper on

April 8 & 9,2012

and that such newspaper wasregularly distributed to itssubscribers during all of said

period. That the full amount of

the fee charged for the foregoing

publication is not in excess of

Subscribed and sworn to before

me this 

day of fIjwi t,

20

Notary Public in a cc

The Slate of Alaska.

Third Division

Anchorage, AlaskaMY COMMI

NOflt 01’ PUEIJC COMMENT flRIOU ON PROO) cltANGPsTo

A1A& DPPAflSE?fl OP ENVIRONMENTALCONVAT1ON IBGUIAI1O?6

The Department of Environmental conservation (DEC), proposes to adopt regulation changes In Title 18, Chapter SOot the *iaga AdmklisfltK’e Code deaeng Mth Air luelltycato& including me follow*ig

adopt new standards, maximum allowable Increases, significant impact levels and emission thresholds for specific air pollutants a n d a d o p C assodate4l clarifying changes in 18 AAC 50.010, ISAAc 50.020, 18 MC 50.035. 18 MC 50.040, ISAAC 50.215. 18MC 50.501

adopt the Ibliowing revisions to the State Air QualIty Control Plan in ISAACso.ogo to comply with federal clean Mr Act requirements: volume II: Malysfs of Problems, Control Action: Section II: Air Quality Control Program • Section lll.H.1: Interstate Transpoit of Lead Pollution; and volume lii: (Appendices to volume II) • 18 MC 50 propOsed regulation amendment • clean Air Act $ectjon 110 Infrastructure Certification Documentation; • Include a copy of Alaska’s Public Official Financial Disclosure Regulations; and • Include a copy of Alaska’s Executive Code of EthIcs. • gate adoptIon by reference dates of federal rules adopted in 18 MC

• repeal language In 18 MC 50.040 that is now dupiicated by other regulations. • adopt revised language and char Ilcatlons to existing regulations in 18 MC 50.020, 18 MC 50215. 15MG 50.306. and 18 AAC 50.540 to provide consistency with earlier amendments. • add naw language cJaflMng permit applicability to 18 Mc 50402 • adcø revlse Iniage to claty rT.odellng reqL*enlents in ISAAC 50.540. • expand the feat track pernitting option to include minor permits classified for fr* particidates @1.4.2.5) ii ¶8MG 50.542.

This sap$e.ienial public esdoe I. belag issued is odthe deadine far the endafdapnbaecammai pedbd.

You may comment on the proposed regulation changes Inctuding the potentialcosts to private persons of complying with the proposedchanges, by submittingwritten comments to Rebecca T. Smith, Envkonmental Program Speclailst Ni permit Program, Alaska Department of Environniental Conservation. 410 WitotgjiwAve., Suftefl P.O. Sax 111800, Juneau. AX99S11-1, byfa&rie

at: (907) 465.5129 or by e-mail to the Air Quality Comments Docket at dec aq.airdocketoalaska.gov. Conynents must be received by 5.-to p.m., 0

April 24, 20)2. CaTImeilhs received after

ddate WI not be considered In find

action on these aiim.

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 1400-77o-89731rfl’ or dIal 711 no later than April

17. 2012, to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulation changes, contact Rebecca T. Smith. Air PermIt Program, Alaska Department of Environmental Conservation,. 410 WlllougtibyAve., suite sos, P.O. Box 111800. Juneau, AK 99811-1800; byphone at (9o7Y 465-5121; by facsimile at (907) 465-5129; or go to http://v.dec.state.ak.us/air/ap/reguIatl.hbn. The proposed regulations 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/alrtoolsWeblPublicPermltlistlnflaspx and at http://dec.alaska.gowair/ap/ragulatl.htm

After the public comment period ends on April24 2032, DEC will either adopt

these or other provisions dealing with the same subject. withoutft,rtter notice,

or decideto take no action on them. The language of the final regulations may be different from that of the proposed regulations. ?OU SHOuLD COMMENT DuRING ThE 11MB ALLOWED IF YOUR INTEREStS COULD SE AFFECTED. W’itten commenis

received are public records and are subject to public inspection.

sTatuteryMitheditnAs 46.03.20.4546.03.710, AS 46.14.010, AS 44.14.020, AS 46.14.o30,AS46.1L140, AS 46.14 50

Stasetea Belie laipleetniad. Interpreted, or Made Spedfla AS 46.14.010, AS 46.14.020, AS 6.14.03O, AS 46.14 120, AS 46.14.140

Plscdbleealea, The proposed regulation charges are not expected to reqiire

an meeaed appropriation

PttthedAp 889,2012

Dated: April 6,2012 Mctiorage. Alaska

B PIRES
UNITED STATES OF AMERICA

STATE OF ALASKA

FOURTH DISTRICT Before me, the undersigned, a notary public, this day

personally appeared 1 , 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 in 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 dan mailing permit from the United

States Postal Service, (v) not published primarily todistribute advertising, and (vi) not intended for a

particular professional or occupational group. The

advertisement which is attached is a true copy of the

advertisement published in said paper on the followingday(s):

1

*2 k33 3’Y76J

and that the rate charged thereon is not excess of the

rate charged private individuals, with the usual

discounts.

_)

/

Subscribed and sworn to before me on this day

of

20.L2LJ

/ /

Notary Puin ahdlor the State Alaska.

7_-’ -1 ‘Thcrs ‘ ‘a—

Mycommissionexpires ( 1’ ‘— o/ _-.c>61

}.
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 rWTiCei L)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 isnow di.çllcated by

other regulations.

adopt revised lan

guage and clarifica

tions to existing regu

lations In 18 AAC

50.020. 18 ARC50.215. 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. ObO WIM 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. .alaska81230. 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 betio

3:00 p.m.who did not I 9S i5d s,epeleJO fl_

have an opportunity I OiddS Ig uso nb.

to comment. INIH lflddl3II

If you are a person with a disability who liiUN P000 ikiedOJd needa a special ‘0 W0LI itsu ,noAiuas SO

accommodation in qdIIId1$h145m0

order to participate in noA Gins mini

this public process. WCflflsflø4tfl4 please contact Debo

ral, Pock at (907) wecas,s,aratacq

269-0291 or TDD

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

1snbe us

—

necessary eccommo- I uo eqaIs em pesiliespel datlona can be I scunisep ie 15’4 pewiqui provided. Aqeiet4 siB suosied 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, AK99811-1800; 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’ ,1
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 50 proAlaska 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 atstate.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 with ths,eibd thereon is not excess of the

notice, or decide to individuals, with the usual

take no action on

them. The nguage

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.
UNITED STATES OF AMERICA

STATE OF ALASKA

FOURTh DISTRICT

427512

SUPPLEMENTAL

NOTICE OF PUBUC

COMMENT PERIOD

ON PROPOSED

CHANGES TO

ALASKA

DEPARTMENT OF

ENVIRONMENTAL

CONSERVATiON

REGULATIONS

The Department of

Environmental Con

servation (DEC) pro

poses to adopt regulation changes in TItle

18, Chapter 50

of the Alaska Admlh

Istrative Code dealing

& with Air Quality Con trol, including the

toiiowtng:

• adopt new stan

a dards, maximum

- allowable increases.

significant Impact 1eveiL and emissionthresholds for specif

Ic air pollutants and

adopt associatedciarifying changes in

18 A.C 50.010.

8 AAC 50.020.

18 AiC 50.035.

18 AAC 50.040.

16 AiC 50.215,18 .êAC 50.502.

- adopt the following

revisions to the State

Air Quality Controi

Pian in 18 AAC

50.030 to complywIth federal Clean AIrAct requirements:

Volume!?: AnalysIs

of Problems, Control

Aotion

of

Subscribed and sworn to before me on this / day

.2Oj

/ Notary Publjn an1öiiiState Alaska.

CBefore me, the undersigned, a notary public, this day personally appeared [PJfl/j) k’p,0q 1’), who, being first duly sworn, according to law, says that he/she is an Advertising Clerk of the Fairbanks Daily News-Miner, a newspaper (i) published in 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, (v) not published primarily to distribute advertising, and (vi) not intended for a particular professional or occupational group. The advertisement which is attached is a true copy of the advertisement published in said paper on the following day(s): Vi1)41/ — -/ 4 ,/iq nc I Jr and that the rate charged thereon is not excess of the rate charged private individuals, with the usual discounts. 1⁄41 47/ij K.é)//h/!

My commission expires
UNITED STATES OF AMERICA

STATE OF ALASKA

FOURTh DISTRICT

427512

SUPPLEMENTAL

NOTICE OF PUBLIC

COMMENT PERSOD

ON PROPOSED

CHANGES TO

ALASKA

DEPARTMENT OF

ENVIRONMENTAL

CONSERVATiON

REGULATiONS

The Department 01

Environmental Con

servation (DEC) pro

poses to adopt regulation changes In TItle

is. chapter 50

of the Alaska Admib

Istralive Code dealing

with Air Quality Con

trol, including thefollowing:

v - adopt new Stan-LB

dards, maximum

allowable increases,significant impact levels,thresholds

and

for

emlssion 1w

specltsp 

ic air pollutants andadopt associated clarifying changes in

18 AAC 50.010

B AAC 50.020,

18 .%Ac 50.035. 018 AAC 50.040,IS AsiC 50.215.

ISAAC 50.502.

adopt the following

revisIons to the State

Air Quality Control

Plan in 18 MC50.030 to complywith federal Clean AirAct requirements:

Volume II: Anaiysls

of Problems, Control

Action: • Section Il: Air

QualIty Control

Program

• Section lU.H.I:

Interstate

Transport ot Lead

Pollution; and

• Volume ill:

(Appences to

Volume II) • 18AAC5O

proposed

regulation

amendment;

- CleanAtAct

Section 110InfrastructureCertificationDocumentation;

- Include a copy

c( Alaska’s Pub

Mc

‘

OffIcial FInancIalDIsclos4xe

Regulations; and

,j • lhclude a copy of Alaska’s Executive Code

of Ethics.

}s

Before me, the undersigned, a notary public, this day

personally appeared [R’inn, 14°,ona /1, 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 in newspaper format, (ii)

distributed daily more than 50 weeks per year, (iii) witha total circulation of more than 500 and more than 10%of the population of the Fourth Jucicial District, (iv)holding a second class mailing permit from the United

States Postal Service, (v) not published primarily to

distribute advertising, and (vi) not intended for aparticular professional or occupational group. Theadvertisement which is attached is a true copy of the

advertisement published in said paper on the followingday(s):

- vinAil

/ - /

/)h,/ 6 q n/c

/‘ I

727) cj’r *7/E?

and that the rate charged thereon is not excess of the

rats charged private individuals, with the usual

discounts.

Subscribed and sworn to before me on this____ day

of ,20jj

Notary ‘—Publ9n1an1öfliState Alaska.

My commission expires l_
UN e

g 

18 ARC Q.540.

• expand the fast

track permlttiTlo

option to Include

minor permits class 1-

fled for fine particU

lates (PM-eS) In

18 ARC 50.542.

This suppiemenmi

public notice is

being issued to extend the deadlinefor the end of the

public comment

period.

You may comment

on the proposed reg

ulation changes

including the potentiai costs to private

persons of complying

with the proposed

hanga5, by submitting written com

mentS to Rebecca t

Smith. EnvlronmenlW

Program specialist.

Air Permit Program.

Alaska Department of

Environmental ConservatiOn, 410Willoughby Ave..

Suite 303, po. Box

111800. Juneau, AK98511-1800. byfacsimile at:

(907) 465-5129. or by

e.maii to the Air Dualfly Comments Docket

at dec.aq. airdocket@eIaska

,gov- Commentsmust be received by5:00 p.m., on April

24, 2012- CommentS

received after this

date will not be con

sidered in final action

on these rules.

It 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)

289.0291 or ltD

Relay

1

Service

.BQo77o.8973f1or dial 711 no laterthan April 17. 2012.

to ensure that any

necessafll accommo

dations can be

provided.

,1

For a copy of the

proposed regulation

change 5. contact

Rebecca t Smith. Air

•Permii Program.

4’ • Alaska Department of *: Environmental ConS seniation.

‘

• 410 willoughby Ave..

,t Suite 303. P0. BOx Juneau, AK

1t99e11180o; by

4 phone at (907) 465- 5121; by facsimile at

(907) 485.5129; or go

to

proposed regulations

and a Department

Explanation of the

proposed hange5document are avail

abie from the DEC AirQuality web site at ntt.os:ilmvalaska

MERICA

KA >55.cr

J Before me, the undersigned, a notary public, this day

personally appeared

J3ñflflI kio,0fl711, who, being

first duly sworn, according to law, says that helshe is an

Advertising Clerk of the Fairbanks Daily News-Miner, a

newspaper (i) published in newspaper format, (ii)distributed daily more than 50 weeks per year, (iii) witha 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, N) not published primarily todistribute advertising, and (vi) not intended for aparticular professional or occupational group. Theadvertisement which is attached is a true copy of theadvertisement published in said paper on the followingday(s):

4e ;A i/

-2tiQ

/ . /

// A1

q n/c I

717) c%:jr: /57)Q9--/,9—.1

and that the rate charged thereon is not excess of the

rate charged private individuals, with the usual

discounts.

k

Subscribed and sworn to before me on this

/ day

of iDiOJfr ,2OJL7

-—-—-/

/ ‘— __‘l( ) Notary Pub9n and 1âihiState Alaska.

My commission expires /OJ95J1/

T
UNITED STATES OFAMERA

STATE OF ALASKA

M

TRICT

TAL

BLIC

RIOD

After the public ED

comment perIod

0

ends on April 24.

2012, DEC wIll either Ion by

adopt these or other S of prOVISIOflS dealIng pted

with the sat sub

joel. without lurther ge In

notice, or decide at’stake no action on by

them. The langLiagO

of the final regulations may be different iariII

from that of the pro- 9

posed regulatiO

YOU SHOU1D COlA

MENT DURING THE

TIME ALLOW rid

YOUR INTERESTS to

COULD BE AFFECT- )‘

ED. Written com

ments received are

public records and ageare subject to public mit

inspection satutorvAothoritvt

AS 45.Q3.20, anAS 46.03.710, -

AS 46.14.010. in

AS 45.14.020.

AS 45.14.030.

AS46.14.1 g

AS 46.14.180

Statutes Being.mp(cmeflted.

.12

or Made

AS 48.14,010.

AS 48.14.020,

AS 46.14.030.

AS 46.1 4.1 20.

AS 48.14.140

FIscal intoriflUOflThe proposed regula

tion change’ aro not

expected to require -

an increased

appropriatio Ii

Dated: AprIl 6. 2012Anchorage. Ala

1st Larry I

Cop mi55idl1r PublIsh AprU 6, 9,

2012

}. Before me, the undersigned, a notary public, this day personally appeared 131fl1)iP k’P,Ofl’7 i?, 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 in newspaper format, (ii)distributed daily more than 50 weeks per year, I 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 UnitedStates Postal Service, Iv) not published primarily to

distribute advertising, and (vi) not intended for aparticular professional or occupational group. Theadvertisement which is attached is a true copy of the

advertisement published in said paper on the following

day(s):

‘ --

-1

//, 1q n/nc

/ - I

41 3Z- ?Q.Jr

and that the rate charged thereon is not excess of the

rate charged private individuals, with the usual

discounts.

k

Subscribed and sworn to before me on this____ day

of

Notary Publjn and or the e Alaska.

My commission expires______________________
United States of America

State of Alaska

First Division

NOTIUt OF PUbLIC COMMtNI PERIOD ON PROPOSED

CHANGES TO

LASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION

REGULATIONS

rhe Department of Environmental Conservation (DEC). proposes tc

adoptre9ulation 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 requirerTlenti

in 18 AAC 50.540.

o expand the fast track permitting option to include mino

permits classified for fine particulates (PM-2.5) in18 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 a

3’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

6th 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

28tli 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 1110312015
United States of America Ad #: 144518State of AlaskaFirst Division Legal #: 300-007

The Department has tentatively scheduled a public hearing for thesc

proposed regulations on AprIl 5, 2012 from 2:00 p.m. to 3:30 p.m. a he Department of Environmental Conservation Buildinci 619 E. Shi 1

Dreek, Ste. 249, Conference Room B, Anchorage, Al99501. Th€.,ublic hearina will be held only if a request to hold a public hearing ir I, Aja Dybdahi, being first duly sworn, eceived by I5EC by 5:00 p.m. on AprIl 3, 2012. You may request )ublic hearing by calling DEC/s Division of Air Quality a .07-465-5105 between 9:00 a.m. and 5:00 p m., Monday through oath, depose, and say that I am the Friday or by e-mailin9 a request to dec.aq.airdocket@alaska.gov. I

no request for a public hearing is received, the public hearing will bc Principle Clerk of the JUNEAU ,ancelled DEC will announce the cancellation of the public hearing

y publishing a public notice, by 5:00 pm on April 4, 2012, on thir EIVIPIRE,

a newspaper of general ebsite htfoffdec.plpska.aoy/commisWoublip notices.htm Oral or written comments may be submitted at the hearing if a public hear circulation, published in the city of rig is conducted If the public hear ng occurs there will be a call-ir

number ii you are not able to attend the meetina in person. Thc Juneau, State of Alaska; that the :all-in number will be 1-800-315-6338 and the M’eet Me Code willbe 8123# II held, the hearing may be extended if necessary to ac publication was published in said ommodate those present before 3:00 pm who did not have an op portunity to comment. newspaper on the 6th day of March 2012If you are a person with a disability who needs a special accommo

Jation in order to participate n this public process, please contac an

d thereafter for 1 additional day(s), the Deborah Pock at (907) 269-0291 or TDD Relay Service 1 -800-770-89731TTY or d al 711 no later than March 26, 2012. to en .ist date of publication being March 7, ;ure that any necessary accommodations can be provided. 012. For a copy of the proposed regu ation changes, contact Rebecca smith, Air Permit Program Alaska Department of Environmenta jonseptatlon 412 WHo nhh Aun S it ‘fl’ Rn Rnv iiinn 

SAe

.

Juneau, AK 998l1-1800;yhone at (907) 465-5121; by facsimilE

t (907) 465-5129; or go tc htto://www.dec.state.ak.us.’air/ao/reaulatthtm. The proposed regu

a

ions

d and s orn to before me this and a Department Explanation of the Proposed Changes docu

nent are available from the DEC Air Quality web site at httvsi/mva

‘aska.state.ak.usldeclair/airtoolsWeb/Public day of March 2012. ParmitListinas.asax and at htto://dec.alaska.oov/air/ao/reouiatthtm

\fter the public comment period ends on April 10, 2012, DEC will ei•her adopt these or other provisions dealing with the same subject,

juage of the final regulations may be different from that of the pro

vithout further notice, or decide to take no action on them. The Ian

the State of Alaska.

Dosed regulations YOU SHOULD COMMENT DURING THE TIME

\LLOWED IF YOUR INTERESTS COULD BE AFFECTED. Wrttei Notary omments received are public records and are subject to pubic n pection

Statutory Authority: AS 46.03.20. AS 4603710, AS 4614010 AS STATE OF ALASKA 1614 020, AS 4614030, AS 46.14.140 AS 4614.180 OFFICIAL SEALStatutes Being Implemented, Interpreted, or Made SpecIfIc: AS G. George

6.14 010 AS 4614020, AS 46.14 030 AS 4614120 Al NOTARY PUBLIC 16.14.140 My Commission Expires 11/0312015

Fiscal InformatIon: The proposed regulation changes are not expected to require an ncreased appropriat onSigned March 2 2012By Larry Hartig, Commissioner

\nchorage. Alaska

Published March 6 & 7, 2012. 300-007
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 foowing:

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

and 0 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.

telIarueoe 18MG 50.040 that Is now duplicated by

aiopt revised language and clarifications to existing regulationsIn 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., SumlOB, 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 en

his that any necessary 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., 2tll9f

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 ofJuneau, 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

16th day of May 2012.

‘A’- ./.

NotaryP Tcndfo(

e eof Alaska.
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 elher 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, Afi18.14.020, 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 HwtCeaner

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 ofJuneau, State of Alaska; that

the publication was published in said

newspaper and on www.juneauemyire.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 9th,

Z012.

jS4z-4)

- ubscribe and worn to before me this

16tb day of May 2012.

Notary P

.1

• eof Alaska.
, 

yson 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.
a

Note, Glake*y. At,dreo anaee_b4&ce,JeySns.gov Sent 4 6/20122:10 P74 Oloeche,. Patrick pabloecher@anthc.org Sent 4/612012 2:00 PM

enonjA, xnicrrE $anette.tceneocardno.com Sent 4 6/20122 tO Pt-I

eud*ee, Rachel rath.Lbodd,eabp.com Sent 4/6/2012 210 PM

UURItE, TIMDTIW hmothy.burke@osrcenergy.com Sent 4)6/2002 2.10 PM

Czernezki, Matte morte.czarnezk4steigerscom Sent 4)6/2002 2:10 PM

Duggins. Sims sims.dugglns@eetom.com Sent 4/612012 2:10 PMEDWARDS ALLCE ehce.edwa,dstoleska.gov sent 4/6)2012 2:10 PM

Fowler, Paula paulaJowler@eImendotet.mil Sent 4)6)2012 2:10 PMGrehem. Daniel danepocPmcoatcon Sent 41612002 2:10 P04

KIO4BAU. COURTI€Y chjmbilZ*cn,fligcom Sent 4/6)20122:10 PMLetanof. Jolene jletanaI@tdspower.com Sent 416/20122:10 PM

L?DSEV. OETOF1-ER ctndseysslrconaatng.coen Sent 4/6/2012 2:10 PM

LDWTIIER. SEMI owdlnCh&orp.com Sent 4/6/2002 2:10 PM

McCeuslend, Heather heether.mcceuslendtyahoo.com Sent 4/6/20122:10 PM

Menelee. Chris ch1rles.menetee@teck.com Sent 4/6)20122: LV PM

Million, Trevis trevIs.mIlllon@mershcreekllc.com Sent 4/6/2012 2:10 PM

NEwBOuLO. DENSE dnewbould@ewereconsuIbng.net Sent 4)6/2012 2:10 PM

Richc,eek, Jennifer Jrld.creek@kodlak.coop Sent 4)6/2012 2:10 PM

PAste. Alone arlsltO*consukleigcon, Serf 416/2012 2:10 PM

Robes Robeit neber24ecSccOen Sent 4/6/20122:10 PMRyan, Saey sally.ryan@cardno.com Sent 4)6/2012 2:10 PM

SAfiAti, JEII4IFER jsaran#Iiede-ntnngcom Sent 4)6/2012 2:10 PM

Sdiuier, AIaq i.sdicdersale*agov Sent 4(6/20122:10 PM

SLR Conwiting / Assonete scientist amason@elrconwltinocom Sent 4/6/2002 2:10PMSMITH, REBECCA rebecce.smith@oleske.gov Sent 4)6/2012 2:10 PM

SPANO, MARX merk.spano@av.wu.bu Sent 4/6/20t2 2:10 PM

Spano, Mark merk.spano®aernu.biz Sent 4 6/2012 2:10 FM

Strang, Enn erin.strang@kinross.com Sent 4)6)2002 2:10 PM

Stnnghem.Kednerthe tatherIneselesghaencus4.n,4 Sent 4/6)20122:10P14

Trboidi. Men aentoOO*conwling..n Seen 4/6)20122:10 PMWater, Martin wh,tt.walkenwmdemil Sent 416/2012 2:10 PM

Open hdttdual
Twitter 

, Nyree nbausnian@slrconsultingcom Sent 4/6/2012 2:10PM

Blakesley, Andrea andrea_biakesiey@nps.gov Sent 4/6/2012 2:10 PM

Attachments (8) ARENA, )EANETTE jeonette.brena@cardno.cn Sent 4/6/201! 2:10 PM

N Bucicbee, Rachei rachei.buckbee@bp.com Sent 4/6/2012 2:10 PM 0 es

BURKE, TIMOTIW tbnothy.burke©asrcenergycom Sent 4/6/2012 2:10 PM

czanezki, Marta mara.aarnezb@stelgers.com Sent 4/6/2012 2: LO PM

Dugglns, Sims sims.dugglns@aecom.wm sent 4/6/2012 2:10 PM

EDWARDS. ALICE aiice.edwards@alasko.gov Sent 4/6/2012 2:10 PM

Eileman, Robert eiiembn.robert@epa.gov Sent 4/6/2012 2:10 PM

Graham, Daniei dan@pacrimcoai.com Sent 4/6/2012 2:10 PMKIMBALL. COURTNEY ckimbafl@sirconsuitlng.com Sent 4/6/2012 2:10 PM

Lekano(, Jolene 4 jiekonof@tdxpower.com Sent 4/6/2012 2:10 PM

LINDSEY. CHRiSTOPHER ,dsey@slrconeiiDng.com Sent 4/6/WI! 2:10 PMMccausiand. Heather heather.mccousland@yelloo.com Sent 4/6/2012 2:10 PM

Meriefee, chris ch.ries.rnenefeecteciccom Sent 4/6)2012 2:10 PM

NEWEOULO, DENISE doewbould@awareconsaiting.net Sent 4/6/2012 2:10 PM

Rjchcreelc, Jennifer Jrlchcreek@kodiak.coop Sent 4/6/2012 2:10 PMRiste, Alana arlsteCsirconsultlng.com Sent 4/6/2012 2:10 PM

Roberts, Robeit rrober24@csc.com Sent 4/6/2012 2:10 PM

Ryan, Saly saly.ryan@cardno.com Sent 4/6/2012 2:10 PMSiroky, Mary mary.siroicy@aiaska.9ov Sent 4/6/2012 2:10 PM

SLR Consulting / Associate Scientist omason@slrconsuitinq.com Sent 4/6/2012 2:10 PM

SNIrH, REBECCA rebecca.snith@&as4co.gov Sent 4/6/2012 2:10 PM

SVM40, MARK martspano@avftni.blz Sent 4/6)2012 2:10 PMSpano, Mark maa.spano@avmu.bu Sent 4/6)2012 2:10 PM

Stringharn, Katherwie kathecwiesnngham@usafrn Sent 4/6/2012 2:10 PM

Yrbetich, Aian atrtovbDslrconsuiting.con, Sent 4/6/20122:10 PM

Open tndMdual Reload Recipients
40 C.F.R. Part 51 Appendix V 2.1. (h)

Compilation of Public Comments and the State Response to them:

Affidavit of Agency Record of Public Comment signed by Rebecca 

Tyson Smith dated May 17, 2012.

Affidavit of Agency Record of Public Comment signed by Rebecca 

Tyson Smith dated October 3, 2012.

Response to Comments titled Response to Comments on the

March 4, 2012, Proposed Changes to 18 AAC 50; Alaska Department 

of Environmental Conservation; September 2012
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:________

Cassidy

OFFICIAL

V. Kearney

SEAL f

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 to 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 subsequently 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 promptly adopted 

the amendments to meet a federal deadline. The second package addressed all other aspects of 

the proposed changes, some of which were commented on. This response to comment document 

provides 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, 2012, in 

response to an April 5th 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 hearing 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 received 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 attachments 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 (NO2) ambient standard, the Department 

should modify 18 AAC 50.540(c)(2) to exempt minor sources from a 1-hour NO2 compliance 

demonstration. The exemption should be kept until the tools and guidance used to demonstrate 

compliance with the 1-hour NO2 standard mature to the point that these tools no longer lead to 

unreasonable 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 requested exemption by adding a new section, 18 AAC 50.540(l), that excludes 

the 1-hour NO2 standard from the ambient demonstration required under 18 AAC 50.540(c)(2), 

unless the demonstration is specifically requested by the Department. 

There are various approaches for managing air quality. The approaches include, but are not 

limited to, permit programs, emission limitations, operational restrictions, and air quality 

monitoring. 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 casespecific 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 the given 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 51, 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 NO2 impacts, but the short

averaging period and typical need for simultaneously simulating atmospheric transformation of 

the oxides of nitrogen 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. 

Uncertainty can be accommodated if the modeled impacts are well below the air quality 

standard, but the stringent nature of the 1-hour NO2 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 NO2 impacts from minor permit actions. 

Comment 2: (AOGA and CPAI in regards to 1-hour NO2, AOGA only in regards to PM-2.5)

The Department should delay applicability of the 1-hour NO2 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 probabilistic 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 NO2 standard, as described in the response to Comment 1. 

Therefore, the 1-hour NO2 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 NO2 modeling methods also require the use of 

atmospheric 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 NO2 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 standard since it is not the typical limiting factor for a 

combustion-related source. The annual average NO2 standard tends to be more restrictive than 

the annual average PM-2.5 standard. However, the Department needs additional time to assess 

the adequacy of 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 sources. 

The exhaust characteristics of POGOs make these types of sources 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, the 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 challenge, 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 a 
4

procedure for requesting use of alternative modeling techniques when the preferred methods are 

inappropriate. Appendix W provides reasonable bounds for an air quality modeling analysis 

submitted in support of a permit application. It is also the only known guidance for evaluating 

the adequacy of a modeling analysis for regulatory purposes. The Department is therefore 

keeping Appendix W as an applicable requirement. 

Comment 4: (AOGA only)

While AOGA supports establishing a 1-hour NO2 Significant Impact Level (SIL) equivalent to 

that recommended by EPA, the value recommended 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 NO2 SIL through public comment 

and rulemaking. 

Response: 

The Department will review and act on future federal rulemaking as its workload, resources, and 

priorities allow.

Comment 5: (CPAI only) 

Prior to implementing the 1-hour NO2 standard, the Department should continue the modeling 

workgroup convened 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 NO2 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 proposed 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 majority 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 NO2 and 

24-hour PM2.5 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 encourage 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 have 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 NO2 ambient standard and PM2.5 allowable increases 

(increment), and integrating the PM2.5 ambient standard in the minor source permitting program. 

Among other things, these proposed changes include establishing a 1 hour NO2 Significant 

Impact Level (SIL) and minor permit program significant emission rates for PM2.5.

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 

minor 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 used 
Attachment A – Page 2

when implementing the new 1-hour NO2 and 24-hour PM2.5 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 changes 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 NO2 ambient standard, the 

Department modify 18 AAC 50.540(c)(2) to exempt minor sources from a 1-hour NO2

compliance demonstration until available tools and guidance used to demonstrate 

compliance with the 1-hour NO2 standard mature to the point that these tools no longer 

lead to unreasonable over predictions of ambient impacts to air quality. We expect that 

implementing the 1-hour NO2 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 NO2 and 24-hour 

PM2.5 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 delays 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 

restrict 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 appropriate techniques for demonstrating compliance with the 1-hour NO2 and 24-

hour PM2.5 ambient standards for these portable sources.

4. While AOGA supports establishing a 1-hour NO2 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 this value as necessary once 

USEPA establishes a 1-hour NO2 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 points provide additional basis highlighting the need 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 onehour average NO2 concentration of 188 μg/m3

, making this standard part of the minor permit 

program ambient air quality compliance demonstration requirement. Because existing tools that 
Attachment A – Page 3

have been shown to perform poorly when predicting 1-hour NO2 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 NO2 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 NO2 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 cannot 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 permit1

• AERMOD Low Wind Speed Evaluation Study – This study, which was presented at the 10th

modeling conference

. Therefore, AOGA requests that the Department exempt projects 

affected by the minor source program from a 1-hour NO2 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 problems based on existing 

evidence.

Several issues raised at the EPA 10th modeling conference indicated no lack of model 

performance issues that make demonstrating compliance with the 1-hour NO2 standard more 

challenging than existing monitoring data would indicate. Specific examples include: 

2 and previously to EPA3, 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 

and 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 Petroleum 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

• NO2 Chemical Transformation – Presentations given at the 2010 USEPA 

Regional/State/Local Modelers Workshop5 and at the 10th modeling conference6

• AERMOD Building Downwash Simulation Issues – Evidence suggests AERMOD predicts 

concentrations well above theoretical limits for long buildings (buildings W/H <4.4)

have 

indicated that AERMOD likely over predicts NO2 concentrations due to simplifying and 

conservative assumptions related to chemical reaction rates and the rate at which ambient air 

is entrained into plumes (mixing rates). 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 NO2 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 NO2 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 participated 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 NOx emissions of 

3,190 TPY from this facility 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 NOx and doubling the stack heights to 17 meters could 

enable this facility demonstrate compliance by reducing modeled impacts to a design value of 85 

μg/m3 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 NOx emissions of 14,000 tpy. The monitoring at this location 

reported a 1-hour NO2 design value of 152 μg/m3 (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, 2011 by Cathe Kalisz, American Petroleum Institute at the 2010 EPA 

Regional/State/Local Modelers Workshop. 

(http://www.cleanairinfo.com/regionalstatelocalmodelingworkshop/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 Environment, at the 10th Modeling Conference. 

(http://www.epa.gov/ttn/scram/10thmodconfpres.htm).
Attachment A – Page 5

measurements

9

. Though some differences exist between the source 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 facility with 40 times the modeled NOx 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 NO2 ambient standard and 

demonstrates the reason minor sources should be exempt from a 1-hour NO2 compliance 

demonstration until adequate tools and guidance are available to demonstrate compliance.

Basis for Comment 2: The multi-year probabilistic 1-hour NO2 ambient standard and 24-hour 

PM2.5 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 delays and uncertainty in permitting these 

types of sources.

As a result of the proposed changes to 50 AAC 18, the 1-hour NO2 and 24-hour PM2.5 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 demonstration 

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 highlighted 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 Conservation10 for consideration and 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 Martens, 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 from 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 Fracturing of the Marcellus Shale in New York State. Issued November 3, 2011.
Attachment A – Page 6

OAQPS12. This exchange adds multiple steps to the process and results in delay that could be 

avoided 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 

NO2 and 24-hour PM2.5 ambient standards applicable to POGOs without having appropriate 

guidance and tools in place prior to implementation.

Basis for Comment 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 to the portable nature of POGOs.

Currently, 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 roadways. 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 modify 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 protocols 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. The Department should retain that flexibility 

particularly for the types of sources associated with POGOs. The Department recognized in 

ADEC Policy and Procedure Policy 04.02.10513

 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: Concurrence with Region 2's Assessment of the 

Appropriate Method for Compliance Demonstration Modeling of Emissions Associated with Horizontal Drilling and HighVolume 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 

associated 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 important. 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 less 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 Ibid. 1
Attachment 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 that are characteristic of a large POGO (i.e., NOx 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 impacts as much 

as 7.7 times the 1-hour NO2 ambient standard with exceedances shown well beyond 10 

kilometers from the source. This result decreased to impacts 1.8 times the 1-hour NO2 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 Alaskan 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 source 

permitting. A letter from Brad Thomas (ConocoPhillips Alaska, Inc) to Jim Baumgartner (Alaska Department of Environmental 

Conservation) sent December 9, 2011. This document indicates the highest measured NO2 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, the design 

value could be as low as 29 ppb (i.e., 87 ppb divided by 3).

. As will be 

discussed below, none of the monitoring shows measured impacts close to the 1-hour NO2

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 modeling based compliance demonstrations involving 40 CFR Appendix W 

techniques. The result also provides evidence that, before implementing the 1-hour NO2 standard 

in the minor source program, the Department should adjust 18 AAC 50 to allow for the 

flexibility 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 

inaccuracies.

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 modeled 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 ambient 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. Knowing 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 NO2 design values calculated from single 

years of data of 130, 86, 81, 84, and 67 μg/m3, respectively, would lead to a conclusion that 

POGOs do not degrade air quality and modeling of these sources to demonstrate compliance 

with the 1-hour NO2 standard should not be required based on a reasonable inquiry of the 

existing PBU Well Pad A monitoring evidence. A similar conclusion 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 NO2 design value of 62 μg/m3. The 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 POGO15

Basis for Comment 4: ADEC proposes to establish a 1-hour NO2 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 NO2

Significant Impact Level (SIL) of 8 μg/m3

. The 1-hour NO2 SIL proposed by ADEC is based on 

interim guidance from EPA

. While this monitoring did indicate elevated NO2 measurements as a 

result of the activity, the design value calculated for this POGO was comfortably below the 1-

hour NO2 ambient standard assuming long-term stationary operations and significantly below the 

1-hour NO2 standard factoring the actual portable nature of the source (i.e., the rig was at the 

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 NO2 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 consider 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 approaches by not being tied to 40 CFR Appendix W 

methods. 

16. The SIL proposed in that interim 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 values. Therefore, this

procedure may not be applicable to the 1-hour NO2 ambient standard. EPA indicates that

establishing this value deserves further consideration saying that “EPA will consider other

possible alternatives for developing a 1-hour NO2 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 - Guidance 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 

(NO2) standard. 

In summary, it is premature to adopt the 1-hour NO2 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 measured 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 known 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 adjusted before imposing the new 1-hour NO2 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 for 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 permit 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 NO2 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 NO2 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 NO2 standard, in order to address 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 NO2 standard, ADEC should continue the modeling 

workgroup originally 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 solutions. 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, 2012
1

Description of the Proposed Changes to 18 AAC 50

March 2, 2012

Section Discussion

18 AAC 50.010

Added federal 1-hour nitrogen dioxide (NO2) 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 Alaskaspecific 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 50.020 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 concentrations 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 previously 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

Revised 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 levels (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 in 
2

18 AAC 50.306, but not 18 AAC 50.215(b)(2). 

18 AAC 50.215(d)

Except as noted below, maintained 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 previously proposed change. 

The phrase “PM-2.5 SIL” should have been plural (“PM-2.5 SILs” – emphasis

added).

Added EPA’s interim SIL for the 1-hour NO2 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 an 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 estimating PM-2.5 impacts from precursor emissions.

18 AAC 50.502(c)(3)

Added emission thresholds for existing PM-2.5 stationary sources. To maintain 

consistency, used 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 (SO2) 

and nitrogen oxides. 

18 AAC 50.502(i)

Added a new section to codify the Department’s practice of exempting fugitive 

emissions from being used to determine minor permit applicability, unless the 

stationary 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 50.542(c)(2)

Made the following changes.

Added a demonstration threshold for PM-2.5. Assumed the existing 24-hour 

average concentration in areas where fast-track is allowed is 18 μg/m3, 

which is essentially half of the 35 μg/m3air quality standard. The basis for 

the 18 μg/m3value is described in the November 30, 2010 internal guidance 

document “General Concepts 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. 

Made minor 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.