# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through June 18, 2009

### IMPORTANT NOTE TO READER

The regulations reproduced here have been provided by the Department of Environmental Conservation as a public courtesy. While every effo rt has been made to assure the accuracy of the reproduced version, the Department of Enviro nmental Conservation cannot guarantee its absolute accuracy. Paper copies of th e regulations as originally filed with the Lieutenant Governor are available for the Departmen t of Environmental Conservation.

The regulations have an effective date of June 18, 2009, are in Register 190, and will appear in official published form in the July 2009 Supplem ent to the Alaska Administrative Code.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

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 50.9 90)

Editor's note: The regulations in this chapter, effective Januar y 18, 1997, and distributed in Register 141, are a comprehensive reorganization an d revision of the department's regulations dealing with air quality control. Except for the p rovisions of 18 AAC 50.110 and 18 AAC 50.700 - 18 AAC 50.735, they replace all pre vious regulations in this chapter that were repealed simultaneously with the adoption of these regulations.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 re placed provisions before January 18, 1997. The numbering of sections is not related to the numberi ng 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, 6/2/8 8; 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 Re gister 133, 1/4/95.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

2 Article 1. Ambient Air Quality Management.

Section 05. Purpose and applicability of chapter 10. Ambient air quality standards 15. Air quality designations, classifications, a nd control regions

20. Baseline dates and maximum allowable increas es 25. Visibility and other special protection area s 30. State air quality control plan 35. Documents, procedures, and methods adopted b y reference 40. Federal standards adopted by reference

45. Prohibitions

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 (Repealed) 55.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

70. Marine vessel visible emission standards 75. Wood-fired heating device visible emission s tandards 80. Ice fog standards 85. Volatile liquid storage tank emission standa rds 90. Volatile liquid loading racks and delivery t ank emission standards 100. Nonroad engines 110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapte r. (a) The purpose of this chapter is to identify, prevent, abate, and control air pol lution in a manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Cle an 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. (Ef f. 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 1 993

AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of air pollutants in the ambient air, measured or pred icted by an analytical method described in 18 AAC 50.215, are established as follows:

(1) for PM-10:

(A) expected annual arithmetic mean of 50 microgra ms per cubic meter;

and

(B) 24-hour average of 150 micrograms per cubic me ter, with this standard being attained when the expected number o f days in a calendar year with a 24-Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

3 hour average concentration above 150 micrograms pe r cubic meter is less than or equal to one day;

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

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

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

(C) three-hour average of 1300 micrograms per cubi c meter not to be exceeded more than once each year;

(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 me ter not to be exceeded more than once each year;

(4) for ozone: one-hour average of 235 micrograms per cubic meter, with this standard being attained when the expected number of days in a calendar year with a maximum hourly average concentration above 235 micrograms p er cubic meter is less than or equal to one day;

(5) for nitrogen dioxide: annual arithmetic mean of 100 micrograms per cubic

meter;

(6) for lead: quarterly arithmetic mean of 1.5 mi crograms per cubic meter;

(7) for reduced sulfur compounds, expressed as sul fur 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)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010

18 AAC 50.015. Air quality designations, classific ations, and control regions. (a) To identify an area by its air quality, all geograp hic areas in the state are designated by the federa l 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 me et the ambient standard for a particular airRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

4 pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or no nattainment for a particular air pollutant, the area is designated "unclassifiable" for that air po llutant.

(b) The following areas have been designated by th e federal administrator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004

(2) for PM-10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage.

(c) To establish standards for the prevention of s ignificant 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 Regi on;

(B) Northern Alaska Intrastate Air Quality Control Region;

(C) South Central Alaska Intrastate Air Quality Co ntrol Region; and

(D) Southeast Alaska Intrastate Air Quality Contro l Region; and

(2) classified as shown in Table 1 in this subsect ion for each air pollutant for which the area is designated "unclassifiable" or "a ttainment."Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

5 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

(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)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : The nonattainment area and maintenance boundarie s, the air quality control region boundaries, and the Class I area bou ndaries 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 atto rney 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 allowabl e increases . (a) In an area designated nonattainment in 18 AAC 50.015(b), the p rovisions 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 190, July 2009 ENVIRONMENTAL CONSE RVATION

6 Table 2. Baseline Dates

Air Quality Control Region Air Pollutant Baseline Date

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

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

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

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

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

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

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

Sulfur dioxide November 10, 1986

PM-10 The earliest date upon which the department declares complete an application for afacility or modification that includes information required under

18 AAC 50.306 and shows an increase inactual PM-10 emissions equal to or exceeding 15 tons per year.

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

(1) baseline dates for determining the ambient con centration of certain air pollutants are established for each air quality con trol region listed in Table 2 in (a) of this sectio n;

(2) in areas designated as Class I, II, or III, in creases 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, th e applicable maximum allowable increase may be exceeded during one such period per year at any one location; and

(4) the baseline concentrations and maximum allowa ble increases shall be measured or predicted by a method described in 18 A AC 50.215.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

7 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

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

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

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this section, the baseline con centration of an air pollutant is

determined as follows:Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

8 (1) for PM-10 and sulfur dioxide, the baseline con centration is the ambient concentration of the air pollutant on the applicabl e baseline date, plus the contribution from allowable emissions of a PSD major stationary sourc e for which construction commenced before January 6, 1975, but that was not in operation by t he baseline date; however, the baseline

concentration does not include actual emissions fro m 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 concentrati on is the ambient concentration of the air pollutant on the applicable baseline dat e, plus the contribution from allowable emissions of a PSD major stationary source for whic h construction commenced before February 8, 1988, but that was not in operation by the basel ine date.

(f) In this section, “commence” has the meaning gi ven in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040. (Eff. 1/18/97, Registe r 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.025. Visibility and other special protec tion areas. (a) Visibility special protection areas are established to prevent impairm ent of visibility. The following areas are designated visibility special protection areas:

(1) Mt. Deborah and the Alaska Range East, as view ed from approximately the Savage River Campground area;

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

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

(b) A wood smoke control area is a geographic loca tion where a wood-burning activity has resulted in two or more discontinuous 24-hour p eriods when the ambient exposures of PM-10 solely from this activity have reached or exc eeded 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 ar e established to prevent the violation of the ambient air quality standard and maximum allowa ble ambient concentration for sulfur dioxide. The following areas are designated as spe cial 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 wate r 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 1 46)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

9 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 control plan. Volumes II and III of the State Air Quality Control Plan for implementing and enforcing the provisions of A S 46.14 and this chapter, as amended through February 20, 2009, are adopted by reference. The plan includes the following documents which are also adopted by refer ence:

(1) the department's Alaska Air Quality Small Business Assistance Progra m , April 1994;

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

(3) except as provided in 18 AAC 50.090(b), the de partment's Air Quality Compliance Certification Procedures for Volatile Li quid Storage Tanks, Delivery Tanks, and Loading Racks , as amended through December 10, 1992;

(4) the department's Alaska Quality Assurance Manual for Ambient Air Qua lity Monitoring , as amended through August 21, 1996;

(5) Repealed 6/21/98.

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

(7) Interim Procedures for Evaluating Air Quality Model s (Revised)

, EPA-450/4-84-023, September 1984;

(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 1 46; 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 3/2/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2 004, Register 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Reg ister 186; am 7/25/2008, Register 187; am, 11/9/2008, Register 188; am 5/6/2009, Register 190)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

10 Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

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 d epartment's Anchorage, Fairbanks, or

Juneau office and are on file with the Office of th e 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 Anal ysis (revised), EPA 454/R-92-023, October 1992;

(3) the United States Environmental Protection Age ncy's (EPA) publication AP42, Compilation of Air Pollutant Emission Factors, Volu me I: Stationary Point and Area

Sources , Fifth Edition with Supplements A – F and annual u pdates, as updated through December 2007;

(4) Meteorological Monitoring Guidance for Regulatory M odeling Applications

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

(5) Ambient Monitoring Guidelines for Prevention of Sig nificant Deterioration (PSD) , EPA-450/4-87-007, May 1987;

(6) the department’s Summary Prepared by the Department of Environmental Conservation of Coastal Area Boundaries Approved by the Coastal Policy Council (CPC) for Coastal Resource Districts Excluded from the Portab le Oil and Gas Operation Permit by Rule (18 AAC 50.390), as revised as of November 19, 2001;

(7) SCREEN3 Model User’s Guide, EPA 454/B-95-004, dated September 1995;

and

(8) Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised, EPA-454/R-92-019, dated October 1992.

(b) The following procedures and methods set out i n 40 C.F.R., revised as of July 1, 2007, are adopted by reference:

(1) 40 C.F.R. Part 50, Appendices A, D, F, H, J, a nd K;

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

(3) 40 C.F.R. Part 58, Appendix B;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

11 (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 A nalysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method fo r Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calo rimeter.

(c) This subsection adopts the methods and procedu res 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 p ermit 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 Sulfu r Petroleum Products (Lamp Method), approved February 10, 1998;

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

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

(5) ASTM D 4294-98, Standard Test Method for Sulfu r in Petroleum and Petroleum Products by Energy Dispersive X-Ray Fluor escence Spectroscopy, approved April 10, 1998; (6) ASTM D 4045-99, Standard Test Method for Sulfu r in Petroleum and Petroleum Products by Hydrogenolysis and Rateometri c Colorimetry, approved January 10, 1999; (7) ASTM D 2492-90 (Reapproved 1998), Standard Tes t Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Pra ctice for Ultimate Analysis of Coal and Coke, approved September 29, 1 989;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Tes t Method for Performing the Sieve Analysis of Coal and Designating Coal Siz e, approved November 27, 1987;

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

(11) ASTM D 422-63 (Reapproved 1998), Standard Tes t Method for ParticleSize Analysis of Soils, approved November 21, 1963;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

12 (12) ASTM D 4629-96, Standard Test Method for Trac e Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative C ombustion and Chemiluminescence Detection, approved April 10, 1996;

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

(14) ASTM D 4913-89( Reapproved 1995), Standard Pr actice 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 Te st Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detect or Tubes, approved April 29, 1988;

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

(17) ASTM D 4239-00 Standard Test Methods for Sulf ur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnac e 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 11/9/2 008, Register 188)

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 19 93

Editor's note : The documents, procedures, and methods adopted b y reference in 18 AAC 50.035 may be reviewed at the department's A nchorage, 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) 5 41-5285.

For information on how to obtain a copy of the ASTM documents referred to in 18 AAC 50.035, contact the American Society for Tes ting and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, West Conshohocke n, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.

18 AAC 50.040. Federal standards adopted by refer ence. (a) The following provisions of 40 C.F.R. Part 60 (Standards of Perfo rmance for New Stationary Sources), as revised as of July 1, 2007, are adopted by referenc e 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 SteamRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

13 Generators for Which Construction is Commenced Afte r August 17, 1971);

(B) Subpart Da (Standards of Performance for Elect ric Utility Steam Generating Units for Which Construction is Commence d After September 18, 1978);

(C) Subpart Db (Standards of Performance for Indus trial – 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 Incine rators);

(F) Subparts Ea and Eb (Standards of Performance f or Municipal Waste Combustors);

(G) Subpart Ec (Standards of Performance for Hospi tal, Medical, and Infectious Waste Incinerators;

(H) Subpart F (Standards of Performance for Portla nd Cement Plants);

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

(J) Subpart J (Standards of Performance for Petrol eum Refineries);

(K) Subpart K (Standards of Performance for Storag e Vessels for Petroleum Liquids for Which Construction, Reconstru ction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performance for Stora ge Vessels for Petroleum Liquids for Which Construction, Reconstru ction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volat ile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After Jul y 23, 1984);

(N) Subpart L (Standards of Performance for Second ary Lead Smelters);

(O) Subpart N (Standards of Performance for Primar y Emissions from Basic Oxygen Process Furnaces for Which Constructio n is Commenced After June 11, 1973);

(P) Subpart Na (Standards of Performance for Secon dary Emissions from Basic Oxygen Process Steelmaking Facilities for Whi ch Construction is Commenced After January 20, 1983);Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

14 (Q) Subpart O (Standards of Performance for Sewage Treatment Plants);

(R) Subpart Q (Standards of Performance for Primar y Zinc Smelters);

(S) Subpart R (Standards of Performance for Primar y Lead Smelters);

(T) Subpart Y (Standards of Performance for Coal P reparation Plants);

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

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

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants); (X) Subpart LL (Standards of Performance for Metal lic Mineral Processing Plants); (Y) Subpart UU (Standards of Performance for Aspha lt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equip ment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing In dustry);

(AA) Subpart XX (Standards of Performance for BulkGasoline Terminals); (BB) Subpart GGG (Standards of Performance for Equ ipment Leaks of VOC in Petroleum Refineries);

(CC) Subpart JJJ (Standards of Performance for Pet roleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Eq uipment Leaks of VOC from Onshore Natural Gas Processing Plants);

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

(FF) Subpart OOO (Standards of Performance for Non metallic Mineral Processing Plants);

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

(HH) Subpart UUU (Standards of Performance for Cal ciners and Dryers in Mineral Industries);

(II) Subpart WWW (Standards of Performance for Mun icipal Solid Waste Landfills);Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

15 (JJ) Subpart CCCC (Standards of Performance for Co mmercial and

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

(KK) the provisions of Subpart AAA (Standards of P erformance 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 w ood stove in accordance with the permanent label required by 40 C.F.R. 60.536;

(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 May 16, 2007, 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 Merc ury);

(B) Subpart J (National Emission Standard for Equi pment Leaks (Fugitive Emission Sources) of Benzene);

(C) Subpart V (National Emission Standard for Equi pment Leaks (Fugitive Emission Sources));

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

(E) Subpart FF (National Emission Standard for Ben zene Waste Operations); (F) the Standard for Demolition and Renovation und er 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, a nd Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operation s);

(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 July 16, 2007, are adopted by reference as they apply to a Title V source:Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

16 (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 ad opted; 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 op erator of a hazardous air pollutant 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, s ec. 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 Ex tensions for Early Reductions of Hazardous Air Pollutants);

(4) Subpart M (National Perchloroethlyene Air Emis sion Standards for Dry Cleaning Facilities);

(5) Subpart N (Chromium Electroplating and Anodizi ng);

(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 Operatio ns);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off-Site Waste and Recovery Opera tions);

(12) Subpart GG (Aerospace Manufacturing and Rewor k Facilities);

(13) Subpart HH (Oil and Natural Gas Production Fa cilities;

(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 Sto rage Facilities);Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

17 (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 (N on-Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines) ;

(23) Subpart ZZZZ (Stationary Reciprocating Intern al 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 S ources: Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyurethane Foam Pr oduction and Fabrication Area Sources);

(30) Subpart PPPPPP (Lead Acid Battery Manufacturi ng Area Sources);

(31) Subpart QQQQQQ (Wood Preserving Area Sources) ;

(32) Appendix A (Test Methods);

(33) Appendix B (Sources Defined for Early Reducti on Provisions).

(d) The provisions of 40 C.F.R. Part 82, as revise d as of July 1, 2007, 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 . 52.96, as revised as of July 1, 2007, as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference.

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models (Revised)), as revised as of July 1, 2007, are adop ted 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, 2007, are adopted by

reference:Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

18 (1) Subpart FFF (Federal Plan Requirements for Lar ge Municipal Waste Combustors Constructed on or Before September 20, 1 994);

(2) Subpart GGG (Federal Plan Requirements for Mun icipal 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 Hos pital/Medical/Infectious

Waste Incinerators Constructed on or Before June 20 , 1996);

(4) Subpart III (Federal Plan Requirements for Com mercial and Industrial Solid

Waste Incineration Units that Commenced Constructio n on or Before November 30, 1999);

(5) Subpart JJJ (Federal Plan Requirements for Sma ll Municipal Waste Combustion Units Constructed on or Before August 30 , 1999).

(h) The following provisions of 40 C.F.R. 51.166 a nd 40 C.F.R. 52.21 (Prevention of Significant Deterioration of Air Quality), as revis ed as of July 2, 2007, 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 Procedure s);

(4) 40 C.F.R. 52.21(b) (Definitions), except as fo llows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.1 4.990 and 18 AAC 50.990:

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

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

(B) the following provisions are not adopted, and the terms defined in those provisions have the meanings give in AS 46.14 .990:

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

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

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

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

(v) 40 C.F.R. 52.21(b)(8) (“construction”);Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

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

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

(i) 40 C.F.R. 52.21(b)(50) (“regulated NSR polluta nt”);

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

(5) 40 C.F.R. 52.21(d) (Ambient Air Ceilings);

(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 Analyse s);

(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 Techno logy);

(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 combust ion of fuel;

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(ii i) also apply to owners or operators using mass balance calculations to mon itor PAL pollutant emissions fromRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

20 activities using coating or solvents or from activi ties emitting sulfur dioxide from the

combustion of fuel.

(i) From the following provisions of 40 C.F.R. 51. 165 (Permit Requirements), as revised as of July 2, 2007, text setting out provisions tha t 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 a s follows:

(A) the following provisions are not adopted, and the terms defined in those provisions have the meanings given in AS 46.1 4.990:

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

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, struct ure, facility, or installation”);

(iii) 40 C.F.R. 51.165(a)(1)(iii) (“potential to e mit”);

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit” );

(v) 40 C.F.R. 51.165(a)(1)(ix) (“fugitive emission s”);

(vi) 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 5 0.990:

(i) 40 C.F.R. 51.165(a)(1)(xxxvii) (“regulated NSR pollutant”);

(ii) 40 C.F.R. 51.165(a)(1)(xxxviii) (“reviewing a uthority”);

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

(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 Emiss ions);

(7) repealed 7/25/2008;

(8) repealed 7/25/2008;

(9) repealed 7/25/2008;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

21 (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 activi ties using coating or solvents or for activities emitting sulfur dioxide from the combust ion of fuel;

(B) the requirements of 40 C.F.R. 51.165(f)(12)(ii i) also apply to owners or operators using mass balance calculations to mon itor PAL pollutant emissions from activities using coating or solvents or from activi ties 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 July 2, 2007, are adopted by reference, except as p rovided 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, Rene wal, 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) (Admini strative Record, Public Participation, and Administrative Review). (Eff. 1 /18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Registe r 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)

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 subje ct to a federal emission standard that is not at a stationary source subject to a Title V per mit should contact the United States Environmental Protection Agency.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

22 18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air t o 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 sou rce that emits an air pollutant subject to this chapter shall ensure that the stationary so urce 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 t hat 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 constru ction project shall take reasonable precautions to prevent particulate matter from being emitted in to the ambient air.

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

(f) Subject to (g) of this section, as used in t his 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 goo d engineering practice stack height; (2) varying the emissions rate of an air pollutant according to atmospheric conditions or ambient concentrations of that air po llutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process parameter, exhau st gas parameter, or stack parameter;

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

or (C) other selective handling of exhaust gas stream s.

(g) The following are not dispersion techniques fo r purposes of this section:

(1) reheating a gas stream to its original dischar ge temperature after use of an emission control system;

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

(3) combining the exhaust gases from several stac ks into one stack, if done when an emission control system is installed and results in a net reduction in the allowable emissionsRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

23 of the controlled air pollutant; or

(4) any technique that increases the exhaust gas p lume rise if the allowable emissions of sulfur dioxide from the stationary sou rce 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 curtai n 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 incinera tor may not exceed the particulate

matter standard listed for that incinerator in Tabl e 4 in this subsection.

Table 4. Particulate Matter Standards for Inciner ators

Incinerator Particulate Matter Standard

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

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

three hours

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

three hours

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

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.052. Emission standards for certain muni cipal solid waste landfills. Repealed. (Eff. 6/21/98, Register 146; repealed 10 /1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

24 18 AAC 50.055. Industrial processes and fuel-burni ng equipment. (a) Visible emissions, excluding condensed water vapor, from an industrial process or fuel-burning equipment may not reduce visibility through the exh aust effluent by

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

(2) more than 30 percent averaged over any six con secutive minutes for fuelburning equipment in operation before November 1, 1 982, 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 min utes, nor more than 40 percent, based on a daily 24-hour average of five-second measurements b y continuous opacity monitoring instrumentation approved by the department and that confo rms to Performance Specification Number 1 in 40 C.F.R. Part 60, Appendix B, adopted by refe rence in 18 AAC 50.040;

(4) 20 percent or greater averaged over any six co nsecutive minutes for an asphalt plant constructed or modified after June 11, 1973;

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

(6) 10 percent or greater averaged over any six co nsecutive 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 co nsecutive minutes for process emissions, other than from a kiln, at a portland ce ment plant constructed or modified after November 1, 1982;

(8) 20 percent or greater averaged over any six co nsecutive 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 minut es in any one hour, except for an additional three minutes in any one hour for a c oal burning boiler that began operation before August 17, 1971, if

(A) the visible emissions are caused by startup, s hutdown, soot-blowing, grate cleaning, or other routine maintenance activi ties specified in an operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors v isible 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; andRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

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

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

(D) the federal administrator approves a stationar y 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 op acity 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) o f this subsection, (d) - (f) of this section, and 18 AAC 50.060;

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

(A) coal, and in 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 operat ion before July 1, 1972, except as provided in (6) of this subsection;

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

(5) 0.04 grains for an asphalt plant constructed o r 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 p pm 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 fo llowing sources, constructed or modified after November 1, 1982, may not exceed the following:

(1) for a catalytic cracking unit catalyst regener atorRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

26 (A) 1.0 kilogram of particulate matter per 1,000 k ilograms of coke burnoff;

(B) 43.0 additional grams of particulate matter pe r million joules supplemental heat attributable to fuels burned in a catal yst regenerator waste heat boiler; and

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

(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 per cent oxygen on a dry basis, if the air pollutants are not oxidized before release to the a tmosphere; and

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

(A) for equipment burning only fuel gas, the conce ntration of uncontrolled emissions that would result from burning fu el 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 combin ation 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 o ther fuels to the total fuel burned in the equipment.

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

(1) for a thermal drying unit, 70 milligrams of pa rticulate matter per cubic meter of exhaust gas at standard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligr ams 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 parti culate matter per 1,000 kilograms of feed on a dry basis to the kiln; and

(2) for a kiln, 0.15 kilograms of particulate matt er per 1,000 kilograms of feed on a dry basis.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

27 (g) Release of materials other than process emissi ons, 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 issue d 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)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

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

(1) 20 pounds of sulfur oxides (expressed as sulfu r dioxide) from blow pits, washer vents, storage tanks, digester relief system s, and recovery systems; and

(2) two pounds of particulate matter from blow pit s, washer vents, storage tanks, digester relief systems, and recovery systems. (Ef f. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

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 a nd shall ensure that

(1) the material is kept as dry as possible throug h 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 prese nt;

(4) to the greatest extent practicable, combustibl es 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 p roducts, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other materi als in a way that gives off black smoke is prohibited without written department approval. De partment approval of open burning as an oil spill response countermeasure is subject to the dep artment's In Situ Burning Guidelines for

Alaska , adopted by reference in 18 AAC 50.035. Open burn ing approved under this subsectionRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

28 is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced d uring oil or gas well flow tests may occur only when there are no practical me ans available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable man ner;

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

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

(3) the department will, in its discretion, as a c ondition of approval issued under this subsection, require public notice as described in (j) of this section.

(c) Toxic and Acid Gases and Particulate Matter Prohibi ted. Open burning or incineration of pesticides, halogenated organic com pounds, cyanic compounds, or polyurethane products in a way that gives off toxic or acidic ga ses or particulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescible garbage, animal carc asses, or petroleum-based materials, including materials c ontaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or bla ck smoke that has an adverse effect on nearby

persons or property.

(e) Air Quality Advisory . Open burning is prohibited in an area if the dep artment declares an air quality advisory under 18 AAC 50.24 5, stating that burning is not permitted in that area for that day. This advisory will be base d on a determination that there is or is likely to be inadequate air ventilation to maintain the stand ards set by 18 AAC 50.010. The department

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

(f) Wood Smoke Control Areas . Open burning is prohibited between November 1 an d

March 31 in a wood smoke control area identified in 18 AAC 50.025(b).

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

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

circumstances:

(1) before igniting the structure, the fire servic e shall

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

(B) visually identify materials in the structure t hat might contain asbestos,Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

29 test those materials for asbestos, and remove all m aterials that contain asbestos;

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, pestic ides, paints, glues, sealers, tars, solvents, household cleaners, or pho tographic reagents;

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

(v) hazardous waste;

(vi) lead piping;

(vii) plastic piping with an outside diameter of f our inches or

more; or (viii) urethane or another plastic foam insulation ;

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

(E) ensure that a fire-service representative is o n-site before igniting the

structure;

(2) the fire service shall ignite and conduct trai ning 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 outbuildin gs; and

(3) the fire service shall respond to complaints i n 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 with out ensuring maximum combustion efficiency. To conduct this training without prior written depa rtment approval, the fire service shall

(1) provide public notice consistent with (j) of t his section before burning more than 20 gallons of uncontaminated fuel, unless waiv ed in writing by the department; and

(2) respond to complaints in accordance with (k) o f this section.

(j) Public Notice . A person required to provide public notice of op en burning shall issue the notice through local news media or by other app ropriate means if the area of the open burning does not have local news media. The public notice must be issued as directed by the departmentRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

30 and must (1) state the name of the person conducting the bu rn;

(2) provide a list of material to be burned;

(3) provide a telephone number to contact the pers on 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 d uring which a surprise fire drill may be conducted (this period may not ex ceed 30 days); and

(5) for open burning other than a surprise fire dr ill, state the expected time, date, and location of the open burning.

(k) Complaints . A person required to provide public notice of o pen burning shall

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

(2) keep, for at least 30 days, a record of all co mplaints received about the burn, including to the extent feasible

(A) the name, address, and telephone number of eac h person who complained;

(B) a short summary of each complaint; and

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

(3) upon request, provide the department with a co py of the records kept under (2) of this subsection. (Eff. 1/18/97, Register 14 1)

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 19 93

18 AAC 50.070. Marine vessel visible emission stan dards. Within three miles of the Alaska coastline, visible emissions, excluding cond ensed 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 thanRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

31 (A) three minutes in any one hour; and

(B) an additional three minutes during initial sta rtup of a vessel; for purposes of this subparagraph, "initial startup" in cludes the period during which a vessel is testing equipment in preparation to casting off or weighing anchor;

(2) during the hour immediately after weighing anc hor or casting off, visibility may be reduced under one, but not both, of the foll owing 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 complet ion of all maneuvers to anchor or make fast to the shore, visibility may be reduce d 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 s ection, visibility may be reduced by up to 100 percent for periods aggregating no mor e than three minutes in any one hour. (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010

18 AAC 50.075. Wood-fired heating device visible e mission standards. (a) A person may not operate a wood-fired heating device in a ma nner that causes

(1) black smoke; or

(2) visible emissions that exceed 50 percent opaci ty for more than 15 minutes in any one hour in an area for which an air quality ad visory 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 unde r 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control ar ea identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a pr ovision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the pr ovisions 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)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

32 Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

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 industri al process, fuel-burning equipment, or incinerator in an area of potential ice fog to obta in 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 1 993

AS 46.14.010

18 AAC 50.085. Volatile liquid storage tank emissi on 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 s hall reduce organic vapors emitted to the atmosphere by using

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

(2) an internal floating roof that meets the speci fications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.04 0;

(3) a closed vent system and control device that c ollects and reduces organic vapors emitted to the atmosphere by at least 95 per cent (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 volatil e liquid storage tank with an internal floating roof described in (a)(1) of this section s hall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to m eet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.04 0, 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 volatil e liquid storage tank that is located in the Port of Anchorage, that has a volume equal to o r 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 th an 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 th e document referred to in (a)(3) of this sectionRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

33 to determine compliance with this section. In acco rdance 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 equ ipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all in spections 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 1 993

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 d elivery tank emission standards. (a) The owner, operator, or permittee of a statio nary source that is located in the Port of Anchorage and that has a volatile liquid loading ra ck with a design throughput of 15 million gallons (357,143 barrels) or more per year shall re duce 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 th e delivery tank or through a submerged loading arm that extends to wit hin six inches of the bottom of the delivery tank;

(B) collects all organic vapors displaced during t he loading of vapor-laden delivery tanks;

(C) prevents any organic vapors collected at one d elivery tank loading position from passing to another delivery tank load ing position;

(D) processes the vapors collected under (B) of th is paragraph with

(i) a control device that emits no more than 10 mi lligrams 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 subparagrap h; in making a determination under this clause, the department will use the proc edures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference inRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

34 18 AAC 50.030;

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

(F) does not contain a pressure relief valve desig ned to open at a gauge pressure of less than 18 inches of water, except th at for a system using vapor balancing to a storage tank, a pressure relief valve on the stor age tank or on any portion of the vapor collection system between a storage tank and the co ntrol device may be designed to open at a gauge pressure less than 18 inches of water, b ut 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 th is section within the preceding 12 months; and

(3) preventing leaks in the vapor collection syste m or liquid loading equipment that result in the release of a volatile liquid org anic or a volatile organic vapor in a concentration exceeding 10,000 ppm by volume, measured as methane

.

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

(1) perform annual tests to certify that the deliv ery tank is vapor-tight; the owner or operator shall perform an annual test in accorda nce 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 fi ve minutes;

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

(C) the allowable pressure change is 75 millimeter s, 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 o f a tank truck or tank trailer, the delivery tank must be marked in accord ance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

35 (B) for a delivery tank that is the tank portion o f 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 co ntrast with the color of the tank;

(iii) the delivery tank must be marked on both sid es; a marking need not appear in an exact location; however, eac h marking must be clearly visible;

(iv) the marking must be “V – month/year”;

(3) provide the owner, operator, or permittee of t he loading rack with a copy of the most recent test results under (1) of this subs ection; and

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

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

, adopted by reference in 18 AAC 50.030, to determine compliance with this section. In accordance with those procedures, the owner, operat or, or permittee shall

(1) periodically inspect air pollution control equ ipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all in spections and repairs; and

(4) keep records of all inspections and repairs fo r at least five years. (Eff. 1/18/97, Register 141; am 10/1/2004, Registe r 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 class ification of a stationary source or modification under AS 46.14.130. Nothing in this section e xempts nonroad engines from compliance with other applicable air pollution control require ments. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

36 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 o r property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

37 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 qual ity classifications

260. Guidelines for best available retrofit techno logy under the regional haze rule

18 AAC 50.200. Information requests. If requested by the department to determine compliance with AS 46.03, AS 46.14, and this chapte r, the owner, operator, or permittee of a stationary source shall maintain records of, and re port 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 1 993

AS 46.14.020

18 AAC 50.201. Ambient air quality investigation . (a) Upon a finding by the department that emissions from an existing stationa ry source have a reasonable likelihood of causing or significantly contributing to ambient co ncentrations of one or more air pollutants that exceed an ambient air quality standard, maximum all owable 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 thos e 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 re gulations, and deemed complete by the department, must satisfy the evaluation requirement s of this section, and any prior analysis must accurately represent the stationary source’s emissi ons.

(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 e nsure 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 regul ation. Before imposing a reduction or control strategy, the department will consult with the affe cted owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given theRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

38 costs of determining an equitable allocation, any e mission reduction or control strategy imposed under this section will be equitably allocated amon g stationary, mobile, and area sources and source categories based upon their relative contrib ution to the ambient impacts of concern, the cost of additional controls, and other equitable fa ctors.

(c) When determining whether to impose a reduction or control strategy under (b) of this section, the department will consider the uncertain ties of ambient air quality analysis, the costs and benefits of resolving the uncertainties, the na ture 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 th e department’s ability to require or conduct ambient air quality analysis or control und er 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 un der 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 a nd information in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signat ure 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 subse ction, that the person accepts or agrees to be bound by an electronic record executed or adopted w ith 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 19 93

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

39 18 AAC 50.215. Ambient air quality analysis method s. (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 Manual For Ambient Air Qua lity Monitoring , adopted by reference in 18 AAC 50.030, for PM-10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sul fur dioxide, and ammonia;

(2) a reference method or an equivalent method des cribed in 40 C.F.R Part 50, Appendices D and H, adopted by reference in 18 AAC 50.035(b), for ozone;

(3) EPA’s Meteorological Monitoring Guidance for Regulatory M odeling Applications , adopted by reference in 18 AAC 50.035(a), for met eorological 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) and (e) of this sect ion, a person who submits an analysis performed to predict ambient air quality conditions shall

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

(2) for comparing predicted or measured ambient co ncentrations of an air pollutant to a maximum allowable increase establish ed under 18 AAC 50.020(b)(2), exclude

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

(B) the increase in concentrations attributable to new sources outside the

United States over the concentrations attributable to existing sources included in the

baseline concentration.

(c) Except as provided in (e) of this section, a p erson may substitute or modify an 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 Alternat ive 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 administr ator and the commissioner.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

40 (d) Table 5 establishes the significant impact lev el, expressed as micrograms per cubic meter, for each pollutant and averaging time. If t he 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 violatio n of an ambient air quality standard or

maximum allowable increase for a Class II area.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic mete r)

Annual Averaging time (hours)

24 8 3 1

Sulfur

dioxide 1.0 5 N/A 25 N/A

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

Nitrogen

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

Carbon

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

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

(e) A person may use the SCREEN3 dispersion model , without meeting the requirements of (c) of this section, if the analysis conducted w ith SCREEN3 is consistent with EPA’s

SCREEN3 Model User’s Guide and Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised , adopted by reference in 18 AAC 50.035(a). (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.140 Sec. 30, ch. 74, SLA 1 993

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 emi ssion tests to determine compliance with AS 46.14 and this chapter. If an applicable emissi on standard, permit provision, or other requirement specifies a time period within which te sting must be completed, the owner, operator, or permittee shall conduct the testing within the s pecified period regardless of whether the department explicitly calls for testing under this subsection.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

41 (b) Unless otherwise specified by an applicable re quirement or test method, an air pollutant emission test must be performed

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

and (2) at the maximum rated burning or operating capa city of the emission unit or another rate determined by the department to charac terize 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 requirement s 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 requirement s 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 requiremen ts 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);

(D) source testing for reduction in visibility thr ough 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," o f the state air quality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particul ate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal waste comb ustor 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 must fol low 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 determin ed using an alternative method approved by the department in accordance with Metho d 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 t he excess air volume normal for the specific source type, corrected to standard conditions.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

42 (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 prio r compliance tests or other reasonably accurate data or calculations;

(2) the potential variability of emissions from th e 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, App endix 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 part iculate matter standards in 18 AAC 50.050 or 18 AAC 50.055, the three-hour aver age is determined using the average of

three one-hour test runs. The source test must acc ount for those emissions caused by soot blowing, grate cleaning, or other routine maintenan ce activities by ensuring that at least one test run includes the emissions caused by the routine ma intenance activity and is conducted under conditions that lead to representative emissions fr om that activity. The emissions must be

quantified using the following equation:

Where: E = the total particulate emissions of the source i n grains per dry standard

cubic foot (gr/dscf).

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

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

test runs that did not include routine maintenance activity. A = the period of routine maintenance activity occu rring during the test tun that included routine maintenance activity, expressed t o 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 h ours, expressed to the

nearest hundredth of an hour. S = the maximum period of routine maintenance activ ity per 24 hours, expressed to the nearest hundredth of an hour. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

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 19 93            

A x R BS

- R S)

- (R E + A x R S

x B) + (A E = E NM

MRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

43 18 AAC 50.225. Owner-requested limits. (a) The owner or operator of an existing or proposed stationary source may request an enforceab le limit on the ability to emit air pollutants. A limitation approved under this section is an enfo rceable 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 limi ts on the ability to emit, the owner or operator shall submit to the department

(1) a completed stationary source identification f orm;

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

(3) a calculation of the stationary source’s actua l emissions and potential to emit air pollutants;

(4) a description of each proposed limit, includin g for each air pollutant a

calculation of the effect the limit will have on th e 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 s eeks to avoid, including an explanation of why the requirement would apply in t he absence of the limit and how the limit allows the person to avoid the requirement;

(7) if applying all limits does not avoid all perm it classifications under AS 46.14 and this chapter, a description, and if necessary a n 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 aft er 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 req uest; or

(2) deny the request and notify the owner or opera tor 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:Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

44 (1) the department will publish a notice in a news paper of general circulation within the area where the stationary source is or w ill be located; the department will publish this notice in two consecutive issues of the newspaper a nd 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, inclu ding reference to the requirement that the limit avoids;

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

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

sent;

(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 t he 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 requi red 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 a dditional 60 days; and

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

(e) After the public comment period provided un der (d) of this section, the department will consider the comments received during the publ ic comment period and will make a final decision whether to approve, approve with condition s, 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 provid ed in (d) of this section will be considered a permit action to deny the request for the purpose o f review under AS 46.14.200.

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

(1) describes the terms and conditions of the appr oval, including specific testing, monitoring, recordkeeping, or reporting requirement s;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

45 (2) lists all equipment covered by the approval;

(3) describes the requirement that the limit allow s 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 ef fective the day after the department receives a copy of the letter of approval bearing t he 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 op erator shall comply with all terms and conditions of the approval.

(h) The owner or operator may request the departme nt to revise the terms or conditions of the approval issued under this section by submit ting 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 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 o perator 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 avoide d. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 1/29/2 005, Register 173; am 7/25/2008, Register 187)

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 th e day after the department receives a request containing all the required information. Under the se "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 rem ains in effect until revoked in accordance with (e)

of this section.

(b) The owner or operator of a stationary source c ontaining 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 lim it requested.

(c) Limits on the allowable emissions of, or poten tial to emit, nitrogen oxides from diesel engines may be established by restricting the amoun t of fuel that may be burned in an engine. ToRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

46 implement these limits, the owner or operator shall

(1) submit to the department a letter or form cont aining

(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 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 parag raph, determined by dividing the number provided under (C) of this paragraph by 3,30 9;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all emission units at the stationary source th at 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 und er (D) and (E) of this paragraph;

(G) a list setting out each of the conditions requ ired under (2) of this subsection; (H) a certification bearing the owner's or operato r's signature stating that

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this req uest is true, accurate, and complete"; and

(ii) the owner or operator fully understands the c onditions required under (2) of this subsection and agrees to those co nditions 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(k)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equip ment 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 equi pment listed underRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

47 (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 r ecords and calculations under (B) of this paragraph available for departmen t 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.

(d) The owner or operator of a gasoline distributi on 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 1 8 AAC 50.040(a)(2)(M) and (AA). The owner or operator shall

(1) submit to the department a letter or form cont aining

(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 o wner or operator stating

that (i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this req uest is true, accurate, and complete"; and

(ii) the owner or operator fully understands the c onditions required under (2) of this section and agrees to those condi tions in order to be classified as a bulk gasoline plant; and

(E) the administration fee in 18 AAC 50.400(k)(3); and

(2) agree to

(A) limit the quantity of gasoline transferred fro m 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 recor ds under (B) of this paragraph available for department inspection for a t least five years; andRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

48 (D) no later than January 31 of each year, submit to the department a copy of the records required by (B) of this paragraph fo r the preceding year.

(e) The owner or operator may terminate a limit un der this section by notifying the department, in writing, of the proposed date for te rmination of the limit. On and after the proposed date, the limit is no longer in effect unl ess the limit made it possible for the owner or operator to avoid any preconstruction review proced ures or to avoid the requirement for an operating permit. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in eff ect until the owner or operator obtains

(A) a new construction permit under this chapter a s if the limit had never existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 5 0.508, a new limit that allows the owner or operator to continue to av oid preconstruction review; or

(2) did not make it possible to avoid preconstruct ion review, but made it possible to avoid a Title V permit or minor permit to operat e, 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 classifie d in 18 AAC 50.508, a new limit that allows the owner or operator to cont inue to avoid the need for the permit. (Eff. 1/18/97, Register 141; am 6/21/98, Register 1 46; am 10/1/2004, Register 171; am 1/29/2005, Register 173)

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 malfunc tions . (a) If an unavoidable emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based emission standard, the owner, operator, or permitte e shall

(1) take all reasonable steps to minimize levels o f emissions that exceed the standard; and

(2) give written notice to the appropriate departm ent office within two working days after the event commenced or was discovered; n otice under this paragraph must include a description of the event, the cause of the event, s teps taken to mitigate emissions, and corrective

measures taken or to be taken.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

49 (b) A person who asserts the affirmative defense r ecognized in AS 46.14.560 must

demonstrate that

(1) an unavoidable emergency, malfunction, or nonr outine repair of an emission unit occurred, and the person can identify the caus e;

(2) the stationary source was being properly opera ted when the event described in (1) of this subsection occurred; and

(3) the person took the steps required under (a) o f 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 pro of.

(d) For the purposes of this section, an emergency or malfunction is unavoidable

(1) if it arises from a sudden and reasonably unfo reseeable event beyond the person's control, including an act of God, that req uires immediate corrective action to restore normal operation; and

(2) to the extent it was not the result of imprope r design, lack of preventive maintenance, careless or improper operation, or ope rator 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 un der (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 thre at to human health or safety or that the owner, operator, or permittee believes to be unavoi dable must be reported to the department as soon as possible. Unless otherwise specified in th e 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 mo nitoring report, whichever is sooner. If requested by the department, the owner, operator, o r permittee shall submit a full written report that includes the known causes, the corrective acti ons taken, and the preventive measures to be

taken to minimize or eliminate the chance of recurr ence.

(d) Excess emissions due to startup or shutdown wi ll be considered unavoidable if the owner, operator, or permittee reports them as requi red under (c) of this section and demonstrates

thatRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

50 (1) the excess emissions could not have been preve nted 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 pr operty damage.

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as requi red under (c) of this section and demonstrates

that the excess emissions could not have been avoid ed through reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be conside red 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 indic ative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should have known th at an emission standard or permit condition was being exceeded, the operator t ook immediate and appropriate corrective action in a manner consistent with good air polluti on control practice for minimizing emissions during the event, taking into account the total emi ssions impact of the corrective action, including slowing or shutting down the source as ne cessary 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. (E ff. 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 act ion if the concentration of an air pollutant in the ambient air has reached, or is likely in the im mediate future to reach, any of the

concentrations established in Table 6 in this subse ction.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

51 Table 6. 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 advi sory under (b) of this section, the department willRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

52 (1) request voluntary emission curtailments from a ny person issued a permit under this chapter whose stationary source’s emissi ons might impact the area subject to the advisory; and

(2) publicize actions to be taken to protect publi c health. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1 993

AS 46.14.010 AS 46.14.030

18 AAC 50.250. Procedures and criteria for revisin g air quality classifications. (a) Except for the Class I areas identified in 18 AAC 5 0.015(c), the class of any geographical area of

the state can be revised. This section sets out th e procedures and criteria for revising an air quality classification.

(b) A geographic area that exceeds 10,000 acres an d is one of the following may be classified only as Class I or Class II:

(1) a national park or national wilderness area es tablished after August 7, 1977;

or (2) a national monument, national primitive area, national preserve, national recreation area, national wild and scenic river, na tional wildlife refuge or range, or a national

lakeshore or seashore.

(c) The department will, on its own motion, or upo n receipt of a petition under AS 44.62.220, propose to change the air quality cla ssification of a geographical area. The department will, in its discretion, combine or coor dinate any public meetings or hearings conducted under (e) of this section with those cond ucted 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 44.62.2 10.

(d) Before proposing a change to a geographic air quality classification, the department will prepare, and a person submitting a petition un der AS 44.62.220 must provide, a report that

includes (1) an accurate description of the boundaries of t he 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 t he air quality classification is proposed and is in the public interest;

(4) a detailed evaluation of new emissions and amb ient air quality impacts expected to occur in the area to be reclassified an d in adjacent areas as a result of a modification to a stationary source in that area or from constru ction and operation of a new stationary source

in that areaRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

53 (A) for which a complete permit application under AS 46.14.160 is pending before the department at the time the repor t is prepared; or

(B) that has been proposed, would be subject to th is chapter and AS 46.14.120 or 46.14.130, and could not be permitt ed under those provisions without a change in the air quality classification for the ar ea;

(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, environment al, economic, social, and energy effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendmen t to 18 AAC 50.015(c) that changes the air quality classification of an area of the st ate,

(1) for any change,

(A) the federal administrator must have approved t he change;

(B) the department must have conferred with the el ected leadership of local and other substate general purpose government s in the area covered by the proposed redesignation;

(C) the department must have notified each affecte d federal land manager of the proposed change and provided at least 30 day s to comment on the report described in (d) of this section;

(D) the department must have published in a newspa per of general circulation in the state a summary of the comments and recommendations of any affected federal land manager received under (B) of this par agraph and an explanation of the reasons for implementing a change that is inconsist ent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, economic, social, a nd energy effects of the change are in the public interest; and

(ii) implementing the change will not cause or con tribute to a violation of the ambient air quality standards or m aximum 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; andRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

54 (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 th e meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and ad opted by reference. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030

AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retrofit technology u nder the regional

haze rule (a) For the purposes of this section, the followin g 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 give n in AS 46.14.990 and

18 AAC 50.990:

(C) “potential to emit” has the meaning given in A S 46.14.990;

(D) “stationary source” has the meaning given in A S 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, 2 007.

(b) Sources subject to BART shall be identified c onsistent 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 writi ng 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 thi s section may request an exemption from BART. Exemptions from BART approved by the de partment in writing prior to December 30, 2007 shall have the same effect as those approv ed 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 af ter the latter of December 30, 2007 or notification under (b) of this section that they intend to requestRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

55 exemption from BART through visibility impact analy sis modeling; and

(B) submit, no more than 30 days after the later o f December 30, 2007 or the date of the department’s notice under (b) of th is section, a visibility impact analysis modeling protocol that will meet the requirements o f (h)(3) of this section for refined visibility impact analysis modeling:

(2) no later than 30 days after receiving a submis sion under (1)(B) of this subsection, the department will:

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify th e owner or operator of the reasons for the disapproval;

(3) upon approval of the modeling protocol, the ow ner or operator shall

(A) conduct a visibility impact analysis in accord ance 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 d ays after the department approves a modeling protocol for the visibility impact analysi s; if a modeling protocol is submitted and approved prior to December 30, 2007, the visibi lity 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 th e owner or operator meets the requirements of (1) and (3) of this subsection and the information submitted ad equately demonstrates that the BART-eligible source is not r easonably anticipated to cause or contribute to any impairment of visibility in a Cla ss 1 Area identified in the notice provided under (b) of this section;

(5) if the department does not approve an exemptio n based on the visibility impact analysis submitted under (c)(1) and (c)(3) o f 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 requeste d limit under 18 AAC 50.225, the owner or operator shall comply with the terms and c onditions of the approval; if the owner requested limit is subsequently rescinded, th e 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 operat or, the Environmental Protection Agency, and each affected federal land m anager, in writing, of a department approval or disapproval under this subsection; if t he decision is to approve an exemption,Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

56 either through visibility impact analysis or an own er-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 exe mption modeling protocol under (c)(1) of this section or if the department denies the exe mption request under (c) of this section, the owner or operator shall submit a BART assessment mo deling protocol that meets the 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 depar tment’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 th e owner or operator of the reasons for the disapproval.

(e) For purposes of analyzing the visibility impac t from potential control technologies, the owner or operator of each source subject to BAR T shall submit to the department an analysis of control options consistent with Section IV of th e BART guidelines;

(1) no more than 210 days after the later of Decem ber 30, 2007 or the date of the department’s notice under (b) of this section, if t he owner or operator did not submit an exemption modeling protocol under (c)(1) of this se ction ; or

(2) no more than 180 days after the date of the de partment’s notice disapproving an exemption request submitted under (c) of this section.

(f) The pollutants of concern for purposes of BAR T are SO 2 , NO

x , and PM 10

.

(g) If an owner or operator elects to apply, or has already applied, the most stringent controls available consistent with the analysis con ducted under (e) of this section, they are not required to conduct a visibility impact analysis fo r 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 compar ing the pre-control and postcontrol impacts of potential BART controls;

(2) determine the maximum change in visibility im pacts in daily deciviews, between the current or pre-control technology and e ach 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 Conditio ns Under the Regional Haze Rule , EPA-454/B-03-005, dated September 2003 and adopte d by reference, at each Class I area identified in the notice under (b ) of this section.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

57 (3) be conducted in a manner consistent with eit her:

(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, a s amended by the Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by reference; or

(B) a modified protocol that was first submitte d as a draft and made available for at least a 15-day review by EPA and e ach 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 con trol 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 ope rator shall provide such information no later than the deadline established by the department.

(j) The department will review each analysis of co ntrol options and issue a preliminary

BART determination for each emission unit at each s ource subject to BART. In the preliminary BART determination, the department will include:

(1) the pollutant-specific emission limits for ea ch 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 wit h 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 an alysis 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 4 0 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, t he department will make a final BART determination and provide written notice to each ow ner or operator, EPA, each affected federal land manager, and any person who commented on the p reliminary BART determination. In the final BART determination, the department will inclu deRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

58 (1) the pollutant-specific emission limits for e ach 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 wit h 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(m) An informal review of the final BART determina tion may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of the f inal BART determination may be requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

(n) As expeditiously as practicable, but in no cas e more than five years after the date of EPA approval of the regional haze state implementat ion plan required under 42.U.S.C. 7410 and 7491, the owner or operator of a source that is sub ject to a final BART determination under this section shall comply with the requirements establis hed 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 report ing in accordance with the

methods set out in the final BART determination.

(p) Department services under this section are des ignated 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(m)

(q) In this section,

(1) “BART” has the meaning given the term “Best Av ailable Retrofit Technology” in 40 C.F.R. 51.301, adopted by referen ce in (a) of this section;

(2) “ BART-eligible source” has the meaning give n 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, App endix 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 visibili ty” means to release emissions that produce a 0.5 or greater change in the daily d eciview when compared against natural conditions; for the purposes of this paragraph, “na tural conditions” includes naturally occurring phenomena that reduce visibility as measured in ter ms of light extinction, visual range, contrast, or coloration;

(5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by referenceRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

59 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;

(8) “maximum change” means the greatest relative c hange in visibility between pre-BART controls and post-BART controls for purpos es of this section;

(9) “sources subject to BART” means a source inden tified by the department in accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air qua lity modeling analysis conducted for the purposes of determining visibilit y impacts. (Eff. 12/30/2007, Register 184)

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 Conditio ns Under the Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screenin g 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, con tact the Department of Environmental Conservation, Air Quality Division at (907) 465-510 0.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

60 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 pe rmits 315. (Repealed)

316. Preconstruction review for construction or re construction of a major source of hazardous air pollutants 320. (Repealed) 321. Case-by-case maximum achievable control techn ology 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 per mit 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: classificatio ns. 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 effec t until it

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.28 0; orRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

61 (3) is replaced by a permit issued under this chap ter.

(b) For a permit under this chapter, if the applic ant 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 depa rtment process the application under the regulations in effect before or after Oct ober 1, 2004; and

(2) department will process the application in acc ordance 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 constru ction 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 p ermit 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 may re quire 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. (Eff.10/1/2004, Register 171)

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 1 993

AS 46.14.020

18 AAC 50.305. Construction permit provisions requ ested by the owner or
operator. Repealed. (Eff. 1/18/97, Register 141; repealed 1 0/1/2004, Register 171)

18 AAC 50.306. Prevention of significant deteriora tion (PSD) permits. (a) An owner or operator must obtain a prevention of signi ficant deterioration (PSD) permit under this section before beginning actual construction of a n ew major stationary source, a major modification, or a PAL major modification.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

62 (b) To satisfy the requirement of (a) of this sect ion, the owner or operator must comply with the requirements of 40 C.F.R. 52.21, adopted b y reference in 18 AAC 50.040 with the following changes:

(1) in 40 C.F.R. 52.21, the term “administrator” m eans

(A) “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

(B) “department” elsewhere;

(2) repealed 7/25/2008;

(3) repealed 7/25/2008;

(4) exclusions from increment consumption apply to the maximum extent allowed under 40 C.F.R. 51.166(f), adopted by refer ence in 18 AAC 50.040.

(c) The department will issue each permit under th is 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 46.14.16 0 and this section;

(2) the department will provide at least 30 days f or 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 1 5.060(d) - (h);

(3) if requested by the owner or operator of a sta tionary source or modification that requires both a PSD permit and a Title V permi t or permit modification, the department will integrate review of the operating permit applicatio n or amendment required by 18 AAC 50.326 and the PSD permit application required by this sec tion; a PSD permit application designated for integrated review will be processed in accordance w ith 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 accor dance with this section, including terms and conditions consistent with AS 46.14.180 that requir e the permittee to

(A) install, use, and maintain monitoring equipmen t;

(B) sample emissions according to the methods pres cribed by the department, at locations and intervals specified by the department, and by procedures specified by the department;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

63 (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 an d emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.2 40; 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)

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 stationar y source, major modification, or PAL major modification for a nonattainment pollutant in a non attainment area, an owner or operator must obtain a construction permit from the department.

(b) The application for a permit under this sectio n must include

(1) for the nonattainment air pollutant, a

(A) demonstration, including substantiating inform ation, that emissions of the pollutant will be controlled to a rate that rep resents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissi ons from other stationary sources within the nonattainment area wi ll equal or exceed the expected

maximum emissions increase from the construction an d operation of the stationary source or modification; and

(C) description of the proposed reductions in actu al emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description must

include (i) from each stationary source providing the emis sion reductions, a complete application for a minor permit under 18 AAC 50.508(4); andRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

64 (ii) a certification that proposed reductions in a ctual emissions will

occur before the onset of emission increases from t he 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 a ir emissions from those stationary sources; and

(3) a demonstration that the benefits of construct ion, operation, or modification of the stationary source will significantly outweig h the environmental and social costs incurred, considering factors such as alternative sites, size s, production processes, and environmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revise d as of July 1, 2003 and adopted by reference, the department will provide notice and o pportunity for a 30 - day public comment period on the department’s proposed permit or propo sed denial. The department will issue a permit only if the department finds that the applic ant has shown that the stationary source or modification will meet the requirements of (b) of t his 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 stati onary source or modification will meet the requirements of this section, including te rms and conditions consistent with

AS 46.14.180 for (A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed 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 50.2 40; and

(2) for payment of fees consistent with 18 AAC 50. 400 – 18 AAC 50.420. (Eff. 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

65 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 is suance . Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/200 2, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.316. Preconstruction review for construc tion 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 constr uction permit before

(1) constructing a new major source of hazardous a ir 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 maj or-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 su bmitted in accordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After recei ving a complete application,

(1) the department will prepare a report that cont ains a preliminary decision to approve or deny the permit application; the departm ent 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 decisi on 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 depar tment will specify dates by which the applicant must submit any additional i nformation under this paragraph;

(B) within 60 days after receiving the additional information, the department will

(i) make a preliminary decision to approve or appr ove with conditions; orRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

66 (ii) take a final permit action and deny the permi t 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 com ment, 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 l east 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 wil l include terms

and conditions that

(1) reference specific applicable requirements und er 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.

(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 d uration. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.321. Case-by-case maximum achievable con trol technology

determinations. (a) Purpose. This section implements EPA requirements for case-b y-caseRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

67 maximum achievable control technology (MACT) determ inations 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 pollut ants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has b een 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, adopte d by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of thi s section.

(c) Exclusions from this section. The requirements of this section do not apply to

(1) an electric utility steam generating unit unle ss, 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 ca tegory 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 define d in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin ac tual construction or reconstruction of a major source of hazardous air p ollutants unless the department has made a final and effective case-by-case determination unde r (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achie vable control technology emission limitation

for new sources.

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this 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 1 8 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 sour ce 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 define d 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,” “hazardo us air pollutant,” “operator,” “owner,” “potential to emit,” and “stationary source” have t he meanings given in AS 46.14.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172 )Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

68 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, a s 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” m ean the department;

(2) “applicable requirement” also means any obliga tion created by AS 46.14, this chapter, or a term or condition of a preconstructio n permit issued by the department”;

(3) “part 71 permit” means a Title V permit;

(4) “part 71 program” means the permit program und er this section;

(5) “part 71 source” means any source subject to t he permitting requirements under this section;

(6) “emissions unit” has the meaning given in AS 4 6.14.990;

(7) “stationary source” has the meaning given in A S 46.14.990;

(8) “administrator” means the administrator of EPA , except that “administrator” or “regional administrator” means the department at

(A) 40 C.F.R. 71.3(e); and

(B) 40 C.F.R. 71.6(a)(7).

(c) Applications. For the purposes of 40 C.F.R. 71.5(a)(1)(i) and ( ii), a timely application is one that satisfies AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i) - (ii) do not apply. 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 app lication, report, or compliance certification under this section, and 40 C.F.R. 71.5(d) does not apply. 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 eitherRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

69 (1) integrated review of the Title I and Title V p ermits, in which the department will consolidate all required public notices, heari ngs, and comment periods; the applicant may provide either one application for both requested p ermits, 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 T itle V applications; for applications that qualify, the department will issue or deny the Title I permi t following the required procedures for the Title I permit, and all of the procedures of this s ection; 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 ac tivities 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 operat ing 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 establis hed under

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapt er; or

(iii) a permit issued before January 18, 1997; or

(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 1 8 AAC 50.090 that applies to insignificant emission units at the stationary sour ce;

(3) the application must list each emission unit a t the stationary source that is identified as insignificant under (e) or (g) of thi s 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 insignifica nt;

(4) the application may not omit information neede d to evaluate the fee required under 18 AAC 50.410;

(5) the application must include compliance certif ication based on reasonable inquiry for insignificant emission units; a complia nce certification made during the permit term according to the schedule proposed to satisfy 40 C. F.R. 71.5(c)(9) must include insignificantRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

70 emission units;

(6) the application must propose conditions for mo nitoring, 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: emissi on rate basis. Except as provided in (d) of this section, an emission unit i s insignificant based on emission rate if its actual emissions of each air pollutant are less tha n the rates listed in (1) - (15) of this subsection

. If requested by the department, an applicant or per mittee shall demonstrate that an emission unit listed as insignificant under this subsection has a ctual 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;

(10) 0.5 TPY of total reduced sulfur, including hy drogen 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 gas es, measured as Sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances in aggr egate, 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) 0.5 TPY for any regulated air pollutant not l isted in (1) - (14) of this

subsection.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

71 (f) Applications – insignificant emission units: categ ory basis. Except as provided in (d) of this section, the following categories of em ission 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 hand le soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and aqueo us salt solutions if covered in a manner that minimizes or prevents unintended emissions; this ca tegory 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 1 8 AAC 50.045(d) or 18 AAC 50.055;

(4) pressurized storage of oxygen, nitrogen, carbo n dioxide, air, or inert gasses;

(5) vents from continuous emissions monitors and o ther analyzers;

(6) sampling connections used exclusively to withd raw 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 equipme nt;

(10) individual laboratory hoods;

(11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, indust rial, or commercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activities such as rou tine housekeeping, grounds keeping, lawn and landscaping activities, general r epairs, cleaning, painting, welding, plumbing, re-tarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements, and paving or s triping parking lots if these activities are not conducted as part of a manufacturing process, are n ot 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 equipme nt for rail cars or aircraft, or boilers or interna l combustion engines used to provide electric power o r heat;

(14) portable solid waste containers such as dumps ters for municipal solid waste or office wastes;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

72 (15) structural changes that do not give rise to a ir pollutant emissions; this category does not include emissions from constructi on activities;

(16) portable welding, brazing, cutting, and solde ring operations used in incidental maintenance;

(17) recreational fireplaces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption includ ing cafeterias, kitchen facilities, and barbecues located at a source for p roviding 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 janit orial 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 so urce’s business activity; this category does not include medical waste incineration at military base s;

(25) personal care activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wa stewater treatment facilities;

(28) cleaning and sweeping of streets and paved su rfaces;

(29) fuel and exhaust emissions from vehicles in p arking 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;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

73 (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 a dhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes;

(46) hand-held equipment for buffing, polishing, c utting, drilling, sawing, grinding, turning, or machining wood, metal, or pla stic;

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this category does not include associated power generati on equipment;

(48) equipment used exclusively to slaughter anima ls; this category does not include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equip ment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (deaer ation) of water;

(51) pulse capacitors;

(52) laser trimmers using dust collection to preve nt fugitive emissions;

(53) gas cabinets using only gasses that are not r egulated air pollutants;

(54) Carbon dioxide lasers used only on metals and other materials that do not emit hazardous air pollutants in the process;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

74 (55) photographic process equipment by which an im age is reproduced upon material sensitized to radiant energy such as bluep rint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfi che;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this ca tegory does not apply to manufacturing or rebuilding facilities;

(59) salt baths using nonvolatile salts that do no t 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 hazard ous air pollutant gasses;

(65) steam vents and safety relief valves not emit ting process chemicals;

(66) air compressors, pneumatically operated syste ms, and related hand tools;

(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, a fter dryer, curing systems, and cooling systems;

(72) winders;

(73) chipping;

(74) debarking;

(75) pulp mill sludge dewatering and handling;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

75 (76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devices and associa ted pumping and handling equipment used for solids dewatering and flocculati on;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam-heated drying ovens or auto claves, excluding the articles or substances being processed in the ovens or autoclav es and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, and li ft stations associated with wastewater treatment systems at publicly owned trea tment works;

(82) lube oil, seal oil, or hydraulic fluid storag e tanks and equipment if those tanks and equipment do not emit volatile organic co mpounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vents; this ca tegory 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), ligh ts, and heating, ventilation, and air conditioning (HVAC) support; this category does not include portable power generators;

(87) engine crankcase vents and equipment lubricat ing sumps;

(88) tanks containing separated water produced fro m oil and gas operations;

(89) skimmer pits, oil-water separators, and maint enance of filter separators;

(90) removal of sludge or sediment from pits, pond s, sumps, or wastewater conveyance facilities;

(91) site assessment work, including the evaluatio n 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;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

76 (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 f or the purpose of worker entry or in preparation for maintenance or decommissions;

(100) fugitive emissions of jet fuels associated w ith aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be m oved 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 f rom permanent stationary

sources; (104) fire suppression;

(105) storage of water-treating chemicals to be us ed 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 foll owing emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage t anks and storage vessels with less than a 260-gallon capacity (35 cubic feet), wi th lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage t anks with not greater than 1,100-gallon capacity, with lids or other closure n ot for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimete rs (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 st oring liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degr ees Celsius;

(4) operation, loading, and unloading of butane, p ropane, or liquefied petroleum gas (LPG) storage tanks with vessel capacity under 40,000 gallons;

(5) a combustion emission unit with a rated capaci ty less than 4,000,000 Btu per hour exclusively using natural gas, butane, propane , or liquefied petroleum gas (LPG); emissionRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

77 units under this paragraph do not include internal combustion engines;

(6) a combustion emission unit with a rated capaci ty 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 e ngines;

(7) a combustion emission unit with a rated capaci ty 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 capaci ty 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 capaci ty 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 binder s with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallo ns of coating per year;

(13) printing and silkscreening using less than tw o gallons per day of any combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous solutions if they do not contain hazardous air poll utants;

(14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with b arometric jets or condensers, and that do not use chromium-based corrosion inhibitors;

(15) combustion turbines rated at less than 160 ho rsepower;

(16) batch distillation equipment with a batch cap acity not greater than 55 gallons and used only for solvents that do not c ontain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square feet of air-vapor int erface; and

(B) using solvent

(i) that does not contain a hazardous air pollutan t; and

(ii) with a vapor pressure not more than 30 millim eters (mm) ofRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

78 mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than two gallons p er day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pumping equipment with li ds or other appropriate closure for storage or dispensing of aqueous solutions of i norganic salts, bases, and acids;

(20) cleaning and stripping activities and equipme nt 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 ex clusively to pump, load, unload, or store organic material that has an initi al boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millim eters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspens ion containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water-based lubricant s for metal working if the organic content of the lubricant is less than 10 pe rcent;

(24) municipal or industrial wastewater chlorinati on facilities of not greater than 1,000,000 gallons per day capacity;

(25) diesel engines of 250 horsepower or less bein g used to provide power for well servicing equipment.

(h) Applications – insignificant emission units: case- by-case basis. This subsection lists emission units or activities that may be insi gnificant 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 o il and grease; and

(2) coffee roasters with a capacity of less than 1 5 pounds per day of coffee.

(i) Applications – insignificant emission units: admin istratively insignificant

sources. The following emission units might have significant emissions, but are considered administratively insignificant emission units for t he purpose of operating permit applications:

(1) the propulsion of mobile sources;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

79 (2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and (3) agricultural activities on the property of a s tationary 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 secti on will be developed in accordance with 40 C.F.R. Part 71, ado pted by reference in 18 AAC 50.040, except

as follows: (1) with respect to any fee requirement or referen ce, 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 dat e 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 wi ll also be subject to the standard operating permit conditions and other permit condit ions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviation s is subject to the department’s Standard Permit Condition III, adopted by reference in 18 AA C 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 depa rtment will include in a Title V permit, consistent with AS 46.14.020(b) and 46.14.1 80, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chap ter;

(5) notwithstanding 40 C.F.R. 71.6(b), a departmen t 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 t he 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 o f 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordan ce 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 sect ion

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 noti ce by postal mail, the department will send theRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

80 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 dep artment 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 th e objection during the public comment period was impracticable or that grounds for the ob jection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes relat ed provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegate d 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 i n 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 for a Title V permit, the department will notify th e 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 pr ovisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an applic ation, the department will include the reasons for denial; (7) the department will keep for five years any re cord and submit to the federal administrator any information that the federal admi nistrator may reasonably require to ascertain whether the state Title V permit program complies w ith 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 p ermit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.32 1, the owner or operator must obtain, in accordance with 40 C.F.R. 71.7(e), adopted by re ference in 18 AAC 50.040, a significant permit modification to the Title V permit before co mmencing operation that incorporates the construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

81 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 issu ance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/200 2, 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 p ermits: standard permit

conditions. (a) Subsections (b) – (o) of this section set o ut 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 observations by smoke readers, except in connection with require d 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 pe rmit; or

(2) determined in writing in the permit to be inap plicable.

(c) The permittee must comply with each permit ter m and condition. Noncompliance with a permit term or condition constitutes a viola tion 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 applicat ion.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

82 (d) It is not a defense in an enforcement action t o claim that it would have been necessary to halt or reduce the permitted activity in order t o 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 o f the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modification, revoc ation and reissuance, or termination or a notification of planned changes or anticipated nonc ompliance 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 b y the permit;

(3) inspect any stationary source, equipment, prac tices, or operations regulated by or referenced in the permit; and

(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 d etermine compliance with the permit. Upon request, the permittee shall furnish to the departm ent copies of records required to be kept by the permit. The department may require the permittee t o furnish copies of those records directly to

the federal administrator.

(j) The permittee shall certify any permit applica tion, report, affirmation, or compliance certification submitted to the department and requi red under the permit by including the signature of a responsible official for the permitted station ary source following the statement: “Based on information and belief formed after reasonable inqu iry, I certify that the statements and

information in and attached to this document are tr ue, 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 docu ments must be certified upon submittal.

(k) In addition to any source testing explicitly r equired by the permit, the permittee shall conduct source testing as requested by the departme nt to determine compliance with applicable permit requirements.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

83 ( l ) The permittee may request an extension to a sour ce 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 permit tee 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 sour ce will operate during the test and how the permittee will document that operation. The permit tee shall submit a complete plan within 60 days after receiving a request under (k) of this se ction and at least 30 days before the scheduled date of any test unless the department agrees in wr iting to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source te st, 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 res ults in the manner set out in (j) of this section. If requested in writing by the department, the per mittee 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 10/1/20 04, Register 171; am 11/9/2008)

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 de partment will use the standard permit condition in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequate ly 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 Pol lution Prohibited, as revised as of August 25, 2004, is adopted by reference.

(b) In a Title V permit, the department will use t he standard permit conditions listed in this subsection, unless the department determines t hat emission unit-specific or stationary sourcespecific conditions more adequately meet the requir ements 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 b y reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of August 25, 2004;

(2) Standard Permit Condition III – Excess Emissio ns and Permit Deviation Reports, as revised as of August 20, 2008 ;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

84 (3) Standard Permit Condition IV – Notification Fo rm, as revised as of August 20, 2008;

(4) Standard Operating Permit Condition V – Insign ificant Sources, as revised as of August 25, 2004;

(5) Standard Operating Permit Condition VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII – Oper ating Reports, as revised as of August 20, 2008.

(7) Standard Operating Permit Conditions XIV – Doc ument Submittals and Electronic Copies, as revised as of August 20, 2008.

(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requir ements 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 referen ce.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

85 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Standard 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, August 20, 2008

–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, August 25, 2004Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

86 –Fuel burning equipment burning liquid fuel Standar d Operating Permit Condition XI – SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid fuel Standar d Operating Permit Condition XII – SO 2 Material Balance Calculation, August 25, 2004

–Coal fired boilers Standard Operating Permit Condi tion XIII – Coal Fired Boilers, August 20, 2008

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188)

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 per mit condition. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violat e a permit condition. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Re gister 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 revisi ons. 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 st orage tanks . Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

87 18 AAC 50.390. Permit-by-rule for drilling rigs an d associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/20 02, Register 161; repealed 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

88 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 shal l pay to the department the annual permit

administration fees listed in this subsection. Per mittees will be invoiced in July for each period from July 1 through the following June 30. Each an nual permit fee is one-fifth of the total original permit cost or total cost of permit renewa l. An annual permit fee listed in this subsection for an original permit is applicable for five years following the date of the application for the original permit. An annual permit fee listed in th is subsection for renewal of a permit is collected in subsequent years after the fee for an original p ermit is paid in full. If a Title V source has bee n issued a Title V permit before January 29, 2005, th e permittee, owner, or operator shall pay the applicable annual fee for permit renewal. The foll owing permit administration fees apply to Title

V sources: (1) for renewal of a permit for an oil-and-gas sou rce with the potential to emit more than 250 tons per year of any one pollutant, t he

(A) annual permit fee is $1,633; and

(B) annual compliance review fee is $2,915;

(2) for renewal of a permit for a large power plan t with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,485; and

(B) annual compliance review fee is $1,700;

(3) for renewal of a permit for a small power plan t with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,315; and

(B) annual compliance review fee is $1,460;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

89 (4) for an original permit for a Title V source, w ith 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

(A) annual permit fee is $2,020; and

(B) annual compliance review fee is $2,070;

(5) 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

(A) annual permit fee is $1,347; and

(B) annual compliance review fee is $2,070;

(6) for 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, the

(A) annual permit fee is $1,989; and

(B) annual compliance review fee is $1,540;

(7) for renewal of a permit for a small power plan t 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 $1,326; and

(B) annual compliance review fee is $1,540;

(8) for a Title V source that is operating under t he department’s general operating permit for diesel engines, the annual compliance re view fee is $160;

(9) for renewal of a permit for a Title V source, other than one described in (1) – (8) 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 $1,326; and

(B) annual compliance review fee is $1,540.

(b) If the permittee, owner, or operator of a Titl e 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 fe es and annual permit fees for original permits

are not refundable.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

90 (c) Before the department takes action on any perm it application received, and unless the minor permit is to be issued using the fast-track p rocedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary sourc e described in 18 AAC 50.502(b) who requests a minor permit must pay a nonrefundable one-time pe rmit fee listed in this subsection. The following one-time permit fees apply to stationary sources listed in 18 AAC 50.502(b):

(1) for an asphalt plant described in 18 AAAC 50.5 02(b)(1), a permit fee of $3,975; (2) for a thermal soil remediation unit described in 18 AAC 50.502(b)(2), a permit fee of $5,300;

(3) for a rock crusher described in 18 AAC 50.502( b)(3), a permit fee of $2,650;

(4) for an incinerator described in 18 AAC 50.502( b)(4), a permit fee of $7,950;

(5) for a Port of Anchorage stationary source, a p ermit fee of $7,950;

(6) for a coal preparation plant, a permit fee of $6,360.

(d) Before the department takes action on any perm it application received, and if the minor permit is to be issued using the fast-track p rocedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary sourc e described in 18 AAC 50.326 or 18 AAC 50.502 not subject to (c) of this section wh o requests a minor permit must pay a nonrefundable one-time permit fee of $3,975. Howev er, if fast-track procedures are not available under 18 AAC 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), an ad ditional nonrefundable permit fee of $2,650.

(e) Before the department takes action on an appli cation received for a permit under 18 AAC 50.508(3), the permittee, owner, or operator of a stationary source must pay a nonrefundable one-time permit fee as follows:

(1) for a minor permit establishing or revising a plantwide applicability limitation (PAL) without an ambient air quality analysis, a pe rmit fee of $3,975;

(2) for a minor permit establishing or revising a plantwide applicability limitation (PAL) with an ambient air quality analysis, a permi t fee of $7,950;

(3) repealed 7/25/2008.

(f) Repealed 7/25/2008.

(g) If the department prepares a general operating permit or a general minor permit, the department will determine the cost of that permit b y multiplying the number of hours the department spent to develop the permit by the hourl y 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 de termine the permit administration fee.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

91 (h) The permittee, owner, or operator of a station ary source shall pay an annual compliance review fee of $530, 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

(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 fee s in (c) - (e) of this section or a general minor permit fee in (g) of this section; or

(2) required to have a minor permit under 18 AAC 5 0.502(b), that is operating under an operating or general operating permit issu ed before October 1, 2004.

(i) Before the department takes action on any requ est or application received, the permittee, owner, or operator of a stationary sourc e 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 by administrative a mendment under AS 46.14.285, a permit fee of $110;

(2) to change a Title V permit by administrative a mendment 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 $110, except as p rovided in (3) of this subsection;

(3) to change a Title V permit by administrative a mendment 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 unde r 18 AAC 50.316, a permit fee of $795;

(4) for department approval of a modeling protocol , a fee of $1,170.

(j) After the department completes a review, actio n, or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source described in 18 AAC 50.326 or 18 AAC 50.502, the permittee, owne r, or operator will be invoiced for and shall pay a nonrefundable one-time fee as follows:

(1) for department review under 18 AAC 50.345(m) o f a source test plan, a fee of $400;

(2) for department review under 18 AAC 50.345(o) o f the results of a source test, a fee of $400;

(3) for department review and processing of an exc ess emission report or permit deviation report submitted in accordance with a sta tionary source's permit, a fee of $26.50;

(4) for a fee review under 18 AAC 15.190, a fee of $110; the department will waive the fee charged under this paragraph if the o utcome of the fee review is a reduction of 50 percent or more in the amount of the disputed fe e.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

92 (k) The permittee, owner, or operator of a station ary 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 fe es:

(1) for an ORL,

(A) a one-time administrative fee of $1,990, to be paid before the department takes action on any request received; an d

(B) an annual compliance review fee of $110, unles s the permittee, owner, or operator is required to pay an annual compliance review fee under (a) or (h) of this section;

(2) for a preapproved emission limit for diesel en gines under 18 AAC 50.230(c),

(A) a one-time administrative fee of $110, to be p aid before the limit takes effect; and

(B) an annual compliance review fee of $110;

(3) for a preapproved emission limit for a gasolin e distribution facility considered under 18 AAC 50.230(d) to be a bulk gasoline plant

,

(A) a one-time administrative fee of $110, to be p aid before the limit takes effect; and

(B) an annual compliance review fee of $110.

( l ) Except as provided in (m)(10) of this section, t he fee for department approval of open burning under 18 AAC 50.065 is $200.

(m) Unless the designated regulatory service is su bject to a fixed fee set out in (a) - ( l ) of this section, or to the terms of a negotiated servi ce agreement under AS 37.10.052(b) and 18 AAC 50.405, the permittee, owner, or operator sh all pay an hourly permit administration fee for a designated regulatory service. The departmen t will calculate the total amount due under this subsection by multiplying the number of hours the department spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory se rvice, and by adding to the resulting amount any other direct costs. Designated regulatory serv ices subject to this subsection include regulatory services for

(1) 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;

(2) a minor permit under 18 AAC 50.502(c)(3);Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

93 (3) 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 hol d in abeyance a fee charged under this paragraph during the course of the adjudicatory hea ring;

(4) 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;

(5) 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;

(6) repealed 7/25/2008;

(7) revision or rescission of terms or conditions of a Title I permit;

(8) observation of a source test;

(9) pre-application assistance, including service s under 18 AAC 50.260;

(10) department approval of open burning under 18 AAC 50.065, if the department determines that smoke incursion into a p ublic 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;

(11) compliance and enforcement activities, includ ing preparation of a notice of violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enforcem ent activities do not include activities after the filing of a complaint in court;

(12) completion of a permitting action that was re quested before January 29, 2005, except as provided in 18 AAC 50.405;

(13) the reopening of permit terms or conditions a t the request of the permittee, owner, or operator before issuance of a permit.

(n) In this section,

(1) "airport" has the meaning given in AS 02.25.10 0;

(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 electrici ty, and thatRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

94 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 ag gregate, and that contains emission units used to provide power to a mine or m ilitary base; and

(B) does not include a Title V source that operate s under the department's general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source no t 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 electrici ty, and that

contains one or more diesel-fired internal combusti on engines to generate power

(ii) the purpose of which is seafood processing; o r

(iii) that has a potential to emit a total less th an 500 tons per year of regulated air pollutants in the aggregate, and t hat contains emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operate s 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)

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) - ( l ) for a designated regulatory service, the permitt ee, owner, or operator of a stationary source may reque st a negotiated service agreement underRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

95 AS 37.10.052(b) for that designated regulatory serv ice. If requesting a negotiated service agreement for one or more of the following designat ed regulatory services, the permittee, owner, or operator must submit a retainer payment of $5,30 0 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 maj or stationary source;

(3) a major modification of a major stationary sou rce;

(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 station ary source or addition of an emission unit at a stationary source, if the statio nary source is

(A) in a sulfur dioxide special protection area es tablished 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 sou rce, 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);

(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)

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 applicat ion before January 29, 2005 and the department has not yet worked on that permit application, at t he request of the applicant, the department will process the permit under the provisions of 18 AAC 5 0.400 - 18 AAC 50.499 in effect on January 29, 2005. Any retainer submitted before January 29 , 2005 will be applied to any fees effectiveRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

96 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) On or after July 1, 2006, for each period from July 1 through the following June 30, the permittee, own er, 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 emis sions 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 thi s section, emission fees will be assessed

as follows:

(1) for July 1, 2006 through June 30, 2007, the e missions fee rate is $12.52 per ton, and an additional assessment for January 1, 20 07 through June 30, 2007, as follows:

(A) for stationary sources required to obtain an o perating permit under AS 46.14.130(b), an emission fee rate of $13.06 per ton; of that per ton amount, $8.04 will be allocated to the clean air protection fund under AS 46.14.260, and $5.02 will be allocated to the emission control permit receipts a ccount under AS 46.14.265;

(B) for stationary sources not subject to (A) of t his paragraph but otherwise required to obtain a permit under AS 46.1 4.130, the emission fee rate of $5.02 per ton, which will be allocated to the emissions c ontrol permit receipts account under AS 46.14.265;

(2) for July 1, 2007 through June 30, 2008,

(A) the emissions fee rate is $31.80 per ton for s tationary sources required to obtain an operating permit under AS 46.14.130(b) ; of that per-ton amount, $26.28 will be allocated to the clean air protection fund under AS 46.14.260, and $5.52 will be allocated to the emission control permit receipts a ccount under AS 46.14.265; and

(B) for stationary sources not subject to (A) of t his paragraph, but otherwise required to obtain a permit under AS 46.1 4.130, the emission fee rate is $5.52 per ton, which will be allocated to the emission co ntrol permit receipts account under AS 46.14.265;

(3) for July 1, 2008 through June 30, 2010,

(A) the annual emission fee rate is $33.37 per ton for stationary source required to obtain an operating permit under AS 46. 14.130(b); of that per ton amount, $27.24 will be allocated to the clean air protectio n fund under AS 46.14.260, and $6.13 will be allocated to the emission control permit re ceipts account under AS 46.14.265; andRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

97 (B) for stationary sources not subject to (A) of t his paragraph but otherwise required to obtain a permit under AS 46.1 4.130, the annual emission fee rate is $6.13 per ton, which will be allocated to the emiss ion 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 te rm is used in AS 46.14.250, if demonstrated by (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 Sourc es , 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 operatin g permit only because that source contains an emission unit that is subject to a fede ral 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)(A), (2)(A), and (3)(A) 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 ac count for emissions from equipment classified under 18 AAC 50.100 that temporarily replaces or su bstitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a mi nor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(6) but not requir ed 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 bein g assessed and is billed in July of that year. The entire fee is allocated to the emission control per mit receipts account under AS 46.14.265. The

annual emission fee rate is

(1) $5.52 per ton for the state fiscal year beginning J uly 1, 2007; and

(2) $6.13 per ton for July 1, 2008 through June 30, 201 0.

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general mi nor permit under 18 AAC 50.560, theRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

98 emission fee is allocated to the emission control p ermit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notification fo r 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 o il and gas operation for which the owner or operator submits a new application or noti fication 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,

(i) $1,808 for July 1, 2006 through December 14, 2 006; $725 for December 14, 2006 through June 30, 2007; $797 for J uly 1, 2007 through June 30, 2008; and $885 annually for July 1, 2008 throug h June 30, 2010, for operation at one or more ice pads during a winter drilling se ason;

(ii) $5,424 for July 1, 2006 through December 14, 2006; $2,175 for December 14, 2006 through June 30, 2007; $2,391 for July 1, 2007 through June 30, 2008 and $2,656 annually for July 1, 2008 through June 30, 2010 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 t he area described in (A) of this paragraph,

(i) $1,685 for July 1, 2006 through December 14, 2 006; $676 for December 14, 2006 through June 30, 2007; $743 for J uly 1, 2007 through June 30, 2008; and $825 annually for July 1, 2008 throug h June 30, 2010, for drilling five or fewer wells under the same application or n otification during a state fiscal

year;

(ii) $3,370 for July 1, 2006 through December 14, 2006; $1,351 for December 14, 2006 through June 30, 2007; $1,486 for July 1, 2007 through June 30, 2008; and $1,650 annually for July 1, 2008 through June 30, 2010, for drilling no fewer that six and no more than 10 well s under the same application or notification during a state fiscal year;

(iii) $5,055 for July 1, 2006 through December 14, 2006; $2,027 for December 14, 2006 through June 30, 2007; $2,229 for July 1, 2007 through June 30, 2008; and $2,475 annually for July 1, 2008 through June 30, 2010 for drilling 11 or more wells under the same applicatio n or notification during a stateRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

99 fiscal year.

(h) For purposes of this section, “state fiscal year” m eans a year beginning on July 1 of one calendar year and ending on June 30 of the foll owing calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Regi ster 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)

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 permi t administration fees under AS 46.14.240 and 18 AAC 50.400(a) - ( l )

(1) on or before the 15th of July; however, for th e period from January 29, 2005 through June 30, 2005, the permit administration fe es will be billed on or after January 29, 2005 and prorated for that time period; or

(2) quarterly on or before January 15, April 15, J uly 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 depar tment will bill permit administration fees for designated regulatory services rendered du ring the preceding month under 18 AAC 50.400(m). However, for reviews of excess e mission reports, the department will bill on a semiannual basis if requested in writing by th e person required to pay the fee.

(c) Fees assessed under this chapter are due withi n 60 days after the billing date. A payment that is past due accrues interest at the ra te set in AS 46.14.255 unless the person required to pay the fee successfully disputes the f ee or a portion of the fee under 18 AAC 50.430. Interest will be charged on the unpaid balance, be ginning 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 departme nt with the first installment before the due date described in (c) of this sectio n.

(e) If installment payments are requested under (d ) of this section, the remaining three installments, including interest accrued as describ ed 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 whoRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

100 (1) increases a stationary source's assessable emi ssions 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 e missions 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 terminat es operations or whose permit has lapsed or is terminated by the department may reque st 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 reque sts 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 dep artment will include an itemized list of charges and credits for the billing period and a calculatio n of total credit balance or amount due on the account. For permit administration fees for design ated regulatory services under 18 AAC 50.400(m), the department will also include as part of the itemized list the

(1) date on which the task was performed and a des cription of the task;

(2) name of the individual who performed the task; and

(3) time spent on the task on that date and the ch arge for the task, determined under 18 AAC 50.400(m). (Eff. 1/18/97, Register 14 1; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173 )

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240 AS 46.14.255

18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who dispute s 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 1 41; 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 requiremen ts. In 18 AAC 50.400 – 18 AAC 50.499, unless the context requires otherwis e,

(1) “designated regulatory service” has the meanin g given in AS 37.10.058;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

101 (2) “direct cost” has the meaning given in AS 37.1 0.058;

(3) “hourly rate of salary and benefits” has the m eaning given in AS 37.10.058. (Eff. 1/29/2005, Register 173) Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

102 Article 5. Minor Permits.

Section

502. Minor permits for air quality protection 508. Minor permits requested by the owner or opera tor 509. Construction of a pollution control project w ithout 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 prote ction. (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 relocati on 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 sect ion for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopt ed 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 th e major permit;

(2) before operation if the stationary source need s a Title V permit; however, the need for a Title V permit does not exempt a station ary source from the requirement for a minor permit for construction, modification, or relocatio n;

(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 secti on, 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 l east five tons per hour of product;

(2) a thermal soil remediation unit with a rated c apacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capacity of at lea st five tons per hour;

(4) one or more incinerators with a cumulative rat ed capacity of 1,000 pounds or more per hour;

(5) a coal preparation plant; orRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

103 (6) a Port of Anchorage stationary source.

(c) The owner or operator must obtain a minor perm it under this section before

(1) beginning actual construction of a new station ary 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 kilometer s of a nonattainment

area; or

(2) beginning actual construction or, if not alrea dy 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 dev eloped for the portable oil and gas operation at the permitted loc ation; or

(ii) operates as allowed under AS 46.14.275 (Timel y and Complete Application as Shield) without an operatin g 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 pol lutant an emissions increase calculated at the discretion of the owner or operator as either an in crease in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; orRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

104 (iv) 100 TPY of carbon monoxide for a stationary s ource within 10 kilometers of a nonattainment area; 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; or

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

10 kilometers of a nonattainment area.

(d) An owner or operator may satisfy the requireme nt 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 AA C 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 th is section

(1) if operating under an operating permit issued before October 1, 2004 may

(A) continue to operate under that permit, which r emains in effect regardless of the stated expiration date in the per mit, unless the department takes an action under AS 46.14.280; or

(B) apply for a new permit under this section at a ny 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 appl ication; the owner or operator may

(A) continue to operate under that permit, which r emains in effect regardless of the stated expiration date in the per mit, unless the department takes action under AS 46.14.280; or

(B) apply for a new permit under this section at a ny time.

(e) For the purposes of (c)(3) of this section, ac tual emissions shall be calculated by comparing projected actual emissions to the baselin e actual emissions. In determining the projected actual emissions, before beginning actual construction, the owner or operator of the stationary source shall

(1) consider all relevant information, including h istorical operational data, the owner’s or operator’s own representations, the owne r’s or operator’s expected business activity and the owner’s or operator’s highest projections o f business activity, the owner’s or operator’sRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

105 filings with the state or federal regulatory author ities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the extent quant ifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissi ons that results from the particular project, that portion of the unit's emis sions following the project that an existing unit could have accommodated during the consecutive 24-m onth 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 permi t applicability for a modification on a calculation of actual emissions, if the project doe s 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 t his section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the pr oject, the owner or operator

shall document and maintain a record of the followi ng 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 t o determine that the project is not a modification subject to (c)(3) of this sec tion for any regulated NSR pollutant, including the baseline actual emissions, the projec ted 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 applicab le;

(2) if the emission unit is an existing electric u tility steam generating unit, before beginning actual construction, the owner or operato r shall provide a copy of the information listed in(1) of this subsection to the department;

(3) the owner or operator shall monitor the emissi ons of any regulated NSR pollutant that could increase as a result of the pr oject 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 basi s, 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 t hat emission unit;

(4) if the emission unit is an existing electric u tility steam generating unit, the owner or operator shall submit a report to the depa rtment within 60 days after the end of eachRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

106 year during which records must be generated under ( 3) of this subsection setting out the unit's annual emissions during the calendar year that prec eded submission of the report.

(5) if the emissions unit is an existing unit othe r 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 ident ified in (1) of this subsection, exceed the baseline actual emissions, as documented and mainta ined under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this s ection for that regulated NSR pollutant, and if those emissions differ from the reconstruction proj ection as documented and maintained under (1)(C) of this subsection; the report shall be subm itted to the department within 60 days after the end of that year; the report must contain the follo wing:

(A) the name, address, and telephone number of the stationary source;

(B) the annual emissions as calculated under (3) o f this subsection;

(C) any other information that the owner or operat or 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 limitat ion (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by refere nce in 18 AAC 50.040.

(h) For the purposes of this section

(1) “baseline actual emissions” has the meaning gi ven 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 withi n the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” has t he meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and ad opted 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 great er 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 with in the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40, or to a major stationar y source; and

(B) the calculation of whether a modification requ ires a minor permit under (c)(3) of this section, rather than whether t he modification is a major modification;

(4) “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emi t a regulated NSR pollutant in any one of theRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

107 five 12-month periods following the date the unit r esumes 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 tha t 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. (Eff. 10/1/2004, Regist er 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187 )

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 owne r or operator. An owner or operator may request a minor permit from the depart ment for

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

(3) establishing or revising a plantwide applicabi lity limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.2 1(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revise d under this chapter;

(4) establishing actual emission reductions from a n existing stationary source if requested by that source’s owner or operator to off set 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) at a stationary source; the owner or operator may avoid a permit classification under AS 46.14.130 if the department approves an owner requested limit on the source’s ability to em it air pollutants; a limitation approved under an ORL is an enforceable limitation for the purpose of determining

(A) stationary source-specific allowable emissions ; and

(B) a stationary source’s potential to emit; or

(6) revising or rescinding the terms and condition s of a Title I permit issued under this chapter. (Eff. 10/1/2004, Register 171; am 7/ 25/2008, Register 187)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

108 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 50.540. 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 d etermination. Applications must be on department forms.

(b) General information. Each application must include the information presc ribed 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 mu st include

(1) the information required in the following form s, included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Summary Form ; and

(2) for a permit for construction, modification, o r relocation of a stationary source, a demonstration that the proposed potential emissions from the stationary source will not

interfere with the attainment or maintenance of the ambient air quality standards; the ambient demonstration must follow an approved modeling prot ocol 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 s ource or modification does not need an ambient analysis to determine that construction and operati on 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 requi red under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and gas operation; (C) sulfur dioxide for a stationary source in an s ulfur dioxide special protection area established under 18 AAC 50.025(c); orRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

109 (D) an air pollutant for which the department requ ests 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 nonattainment area, an application must include a demonstration that th e potential to emit carbon monoxide emissions from construction and operation of the st ationary source or emissions increase from

the modification will not cause or contribute to a violation of the ambient air quality standard for

carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stationary source, the ap plication must include the information required in the department’ s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Deliv ery 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 refere nce 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 st andards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or o perational limitations necessary to provide

actual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in act ual emissions; and

(2) the emission limitation representing that quan tity 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 Tit le I permit 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 condi tion should be revised or rescinded;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

110 (3) the effect of revising or revoking the permit term or condition on emissions, other permit terms, and compliance monitoring; and

(4) for a condition that allows an owner or operat or to avoid a permit classification, the information required of an appl icant for that type of permit, unless the revised condition would also allow the owner or operator to avoid the classification. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2 005, Register 176; 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

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance procedure options. The department will use either the fast-track proce dures in (b) and (c) of this section, or the procedures in (d) of this sect ion to issue a stationary source-specific minor permit. The fast-track procedures are available fo r a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of t his section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon m onoxide emissions;

(B) in a sulfur dioxide special protection area es tablished under 18 AAC 50.025(c);

(C) in the Nikiski Industrial Area; or

(D) on an offshore platform; or

(2) a person requests a public comment period unde r (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 depa rtment 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 departm ent, including any person who requests to be notified, and by other means the department finds n ecessary for informing the public; if a person requests to be sent notice by postal mail instead o f electronic mail, the department will send the notice by postal mail; in the notice, the departmen t will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day pu blic comment periodRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

111 under (d) of this section; if a comment period is r equested, the department will make a preliminary decision and issue a public notice unde r (d) of this section;

(2) if required by the department, the owner or op erator shall apply online;

(3) for an air pollutant for which a permit is req uired under 18 AAC 50.502(c), or for an air pollutant for which the department reque sts 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, un less the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard; (4) the fast-track procedures are available only i f all predicted air pollutant concentrations meet the compliance criteria in (c)( 2) of this section;

(5) if the approval criteria of (f) of this sectio n are met, the department will issue the permit within 30 days after receiving the appli cation.

(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 de partment or otherwise approved by the department that is suitable for fas t-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 r esulting 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 ambi ent air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, t he predicted ambient air concentration from the stationary source, excluding offsite or background contributions,

does not exceed 2/3 of each ambient standard for PM -10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen oxides;

(B) for a modification, the predicted concentratio n resulting from the increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d); or

(C) for a modification, if the owner or operator h as completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification and, the sum of the highest ambien t air concentration from the previous analysis plus the highest predicted ambient air con centration resulting from the increase isRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

112 less than the concentration described in (A) of thi s paragraph.

(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 i n (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 informati on is submitted in accordance with AS 46.14.160(c), the department will make a prelimi nary 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 f or the public to submit

comments; (B) the department will give notice

(i) using the Alaska Online Public Notice System e stablished under AS 44.62.175;

(ii) by mail or electronic mail to persons on a li st maintained by the department, including any person who requests t o be notified; if a person requests to be sent notice by postal mail instead o f electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessar y 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 oper ator;

(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 app lication, 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 dep artment will provide an opportunity for public hearing in accordance with 4 0 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decisio n to approve the application only if the application includes all in formation required by 18 AAC 50.540,Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

113 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 depar tment’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 reason s for denial.

(e) Adding a minor permit to a Title V permit by admini strative 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 th at 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 stationa ry source or modification classified under 18 AAC 50.502 if the department fi nds 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 mon oxide emissions near a nonattainment area if the department finds that con struction and operation of the stationary

source will cause an ambient concentration that exc eeds a carbon monoxide concentration in

Table 5 in 18 AAC 50.215 at a location that does no t or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage st ationary 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 rev ising a PAL, if the department

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 r equired an ambient air quality analysis, thatRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

114 emissions under the PAL will not cause or contribut e to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation reques ted under 18 AAC 50.508(4) to establish offsetting emissions, if the department f inds 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 r equested 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 determi ning 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 t hat 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 de partment under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted by ref erence in 18 AAC 50.040, for a plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writ ing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2 008, 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 46.14.200

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, t he permittee, and contact information;

(2) include the requirement to pay fees in accorda nce with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions established under 18 AA C 50.201; and

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

115 (5) include the standard permit conditions in 18 A AC 50.345, as applicable.

(b) In each minor permit under 18 AAC 50.502(b), t he department will include

(1) terms and conditions as necessary to ensure t hat the proposed stationary source or modification will meet the requirements o f AS 46.14 and this chapter, including terms

and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department and at locations and intervals, and by p rocedures 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 oper ator to

(A) perform regular maintenance considering the ma nufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance that would hav e a significant effect on emissions; the records may be kept in an electro nic format; and

(C) keep a copy of either the manufacturer’s or th e operator’s maintenance procedures.

(c) In each minor permit under 18 AAC 50.502(c), t he department will include

(1) terms and conditions as necessary to ensure th at 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 f or

(A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department and at locations and intervals, and by p rocedures specified by the department;

(C) providing source test reports, monitoring data , emissions data, and information from analyses of any test samples;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

116 (D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and conditions requiring performance tes ts 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 mainten ance 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 m inor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of w hether the stationary source is still accurately described by the application and minor p ermit, 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 pe riod between required affirmations as appropriate to the stationary source regulated by t he 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 necessa ry 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 ens ure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms an d conditions imposed under AS 46.14.180 for

(A) installation, use, and maintenance of monitori ng equipment;

(B) sampling emissions according to the methods pr escribed by the department and at locations, intervals, and by proc edures specified by the department;

(C) providing source test reports, monitoring data , emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions.

(h) In each minor permit establishing an owner req uested limit (ORL) underRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

117 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 4 6.14.130 that the ORL allows the owner or operator to avoid, or each maximum all owable increase under 18 AAC 50.020 or ambient air quality standards that will be protecte d.

(i) In each minor permit under 18 AAC 50.508(6) th at 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 operat e the proposed stationary source or modification in accordance with this chapter. If t he limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in eff ect until the owner or operator obtains

(A) a new construction permit or minor permit unde r this chapter as if the limit had never existed; or

(B) under this section or under 18 AAC 50.508, a n ew limit that allows the owner or operator to continue to avoid preconst ruction review; or

(2) made it possible to avoid a Title V permit, th e 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 classifie d in 18 AAC 50.508, a new limit that allows the owner or operator to cont inue to avoid the need for the permit. (Eff.10/1/2004, Register 171; am 12/1/2004, Registe r 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Register 188)

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 revi se a minor permit, either at the request of the permittee or on the department’s own initiative , in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the depar tment may revise non-substantiveRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

118 elements of a minor permit without further administ rative 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 opera tion 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 req uirements.

(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 P ublic Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electr onic 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 o f 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 w ould 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 acti on;

(D) a copy of the proposed permit and of the propo sed application or notification form;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

119 (E) a description of how interested persons may co mment on the proposed general minor permit, including the period during w hich 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 ap plicant 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 sh ow that the stationary source meets the qualifying criteria or a term or condition of the g eneral minor permit, the department will require that location information required under this subse ction 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 stat ionary source is capable of complying with all permit requirements.

(d) Applying to construct or operate under a general mi nor 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 t he applicant must submit a complete notification form and operate in compliance with th e general minor permit, or whether the applicant must also obtain department approval unde r (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 th e application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general mi nor 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 c riteria and operates in compliance with theRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

120 general minor permit, the owner or operator may con struct or operate under the permit immediately after the department receives a complet ed notification form. The general minor permit authorizes construction or operation only fo r

(1) equipment identified in the application or not ification; and

(2) a location identified under (c), (f), or (g) o f 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 stati onary 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 notificatio n form and procedures for a change in location; and

(5) any other terms and conditions that are necess ary 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 opera te under a general minor permit at additional locations not identified in the permit application or notification if the

(1) permittee notifies the department by submittin g a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit’s qualifying criteria at each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140 AS 46.14.211

AS 46.14.020 AS 46.14.150 AS 46.14.250

AS 46.14.120 AS 46.14.170Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

121 Article 6. (Reserved)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

122 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: ob ligations of responsible agency 710. Transportation conformity: incorporation by r eference of federal regulations 715. Transportation conformity: interagency consul tation procedures 720. Transportation conformity: public involvement 725. General conformity: incorporation by referenc e of federal regulations 730. General conformity: mitigation of air quality impacts 735. General conformity: frequency of conformity d eterminations

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 5 0.735 . The purpose of

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a t ransportation plan, program project, or

federal action within a nonattainment or maintenanc e area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is feder ally-funded or federally-approved;

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 5 0.720 apply to

(1) a transportation plan, program, or project wit hin a nonattainment or maintenance area that is funded by, or requires app roval under, 23 U.S.C. or 49 U.S.C. 5301 – 5338; or (2) a project that is nonfederally funded, but tha t 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 maint enance 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 thatRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

123 (A) receives or manages the federal money for the transportation plan, program, or project referred to in (a) of this sect ion;

(B) develops the transportation plan, program, or project referred to in (a) of this section; or

(C) funds, adopts, or approves a nonfederal, regio nally 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 AA C 50.735, “responsible agency” means the federal agency that is responsibl e 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: incorpor ation by reference of federal regulations. An agency subject to 40 C.F.R. 93 shall comply wi th the following federal regulations, as amended through August 15, 1997, 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 dete rminations);

(6) 40 C.F.R. 93.106 (Content of transportation pl ans);

(7) 40 C.F.R. 93.107 (Relationship of transportati on plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for trans portation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, programs, and projects: Gene ral);

(10) 40 C.F.R. 93.110 (Criteria and procedures: L atest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: L atest emission model);

(12) 40 C.F.R. 93.112 (Criteria and procedures: C onsultation);Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

124 (13) 40 C.F.R. 93.113 (Criteria and procedures: T imely implementation of TCMs); (14) 40 C.F.R. 93.114 (Criteria and procedures: C urrently conforming transportation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and procedures: P rojects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedures: L ocalized CO and PM-10 violations (hot spots));

(17) 40 C.F.R. 93.117 (Criteria and procedures: C ompliance with PM-10 control measures); (18) 40 C.F.R. 93.118 (Criteria and procedures: M otor vehicle emissions budget); (19) 40 C.F.R. 93.119 (Criteria and procedures: E mission reductions in areas without motor vehicle emissions budgets);

(20) 40 C.F.R. 93.120 (Consequences of control str ategy implementation plan failures); (21) 40 C.F.R. 93.121 (Requirements for adoption o r approval of projects by other recipients of funds designated under 23 U.S.C . or 49 U.S.C. 53 (the Federal Transit Act));

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportation-related emissions); (23) 40 C.F.R. 93.123 (Procedures for determining localized CO and PM-10 concentrations (hot-spot analysis));

(24) 40 C.F.R. 93.124 (Using the motor vehicle emi ssions budget in the applicable implementation plan (or implementation plan sub mission));

(25) 40 C.F.R. 93.125 (Enforceability of design co ncept 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 region al emissions analyses); and

(28) 40 C.F.R. 93.128 (Traffic signal synchronizat ion projects). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

Editor's note: The regulations of the Federal Highway Administra tion and the Federal Transit Authority concerning fiscal constraint refe rred to by paragraph (8) may be found at 23 C.F.R. 450.216(a)(5), 23 C.F.R. 450.322(b)(11), and 23 C.F.R. 450.324(e).Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

125 18 AAC 50.715. Transportation conformity: interage ncy consultation procedures. (a) Before issuing a final conformity determinatio n 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, incl uding any project for which alternative locations, design concept and scope, or the no-buil d option are still being considered;

(2) prepare a preliminary interagency discussion d raft, a public review draft, and a final draft of the conformity determination throu gh the interagency consultation process described in (b) - (g) of this section with staff o f

(A) the department;

(B) the local air quality planning agency;

(C) the Alaska Department of Transportation and Pu blic Facilities;

(D) the local transportation agency;

(E) any agency created under state law that sponso rs or approves transportation projects;

(F) the United States Environmental Protection Age ncy;

(G) the Federal Highway Administration;

(H) the Federal Transit Administration; and

(3) hold a public hearing or meeting in accordance with procedures established under 18 AAC 50.720 to provide the public with an o pportunity to consider the public review draft of the conformity determination.

(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 con formity determination, including necessary supporting information;

(2) ensure that all documents and information rele vant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participat ing 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 a gency comments and written responses must be included in the record of any conformity decisio n or action.Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

126 (c) In preparing the preliminary interagency discu ssion 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 reg ional 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 pr ojects should be considered regionally significant for purposes of a regional e missions analysis, in addition to those regionally significant projects as defined in 40 CF R 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise ex empt from the requirements of

18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.12 6 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as no nexempt if potential regional emissions impacts or other adverse emissions impacts might ex ist 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 implementa tion of a transportation control measure (TCM) defined in 40 C.F.R. 93.101, adopted by refer ence in 18 AAC 50.710, that is behind the schedule established in the state implementation pl an 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 fun ding for TCMs; the interagency consultation process must also consider whether del ays 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, ad opted by reference in 18 AAC 50.710, (A) that a regionally significant project

(i) is included in a regional emissions analysis s upporting the currently conforming TIP's conformity determination , even if the project is not included in the TIP for the purposes of project sel ection or endorsement; and

(ii) design concept and scope have not changed sig nificantly 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 specifie d 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 (ii) the currently conforming transportation plan and TIP will still conform if the regionally significant project is im plemented;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

127 (6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 50.710, projects located at sites within a P M-10 nonattainment area identified in 18 AAC 50.015(b)(2) that have vehicle and roadway e mission and dispersion characteristics essentially identical to those at sites that have a ir quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 hot-s pot analysis; and

(7) notify staff of participating agencies of any revision or amendment to a transportation plan or TIP that merely adds or dele tes 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 conformi ty 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 transportat ion activities that extend beyond the boundaries of a local governing body, nonattain ment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model developme nt by the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not inc lude 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 d etermination, 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 commen t on the public review draft of the conformity determination, the responsible agency sh all

(1) prepare a final draft of the conformity determ ination in consultation with staff of the participating agencies; and

(2) after the consultation described in (1) of thi s 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 c annot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days afterRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

128 notification or a determination that the conflict c annot 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 govern or may delegate the role of resolving a conflict under this subsection and deciding whether to concu r in the conformity determination to a state official or agency other than the department, the A laska Department of Transportation and Public Facilities, or a state transportation board or comm ission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public i nvolvement . (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 commen t on the public review draft of the conformity determination before the agency issues a final conformity determination. The public involvement process must be consistent with the req uirements of 23 C.F.R. 450.316(b)(1), 23 C.F.R. 450.322(c), and 23 C.F.R. 450.324(c), as amended through April 1, 1997.

(b) The responsible agency shall

(1) subject to (d) of this section, hold a public hearing or meeting to receive comments on the public review draft of the conformi ty determination;

(2) consider all comments received and prepare a w ritten summary analysis of significant comments; and

(3) specifically address in the summary analysis a ll public comments concerning known plans for a regionally significant project th at may not have been properly reflected in the emissions analysis used to support a proposed confo rmity finding for a transportation plan or TIP, regardless of whether the regionally significa nt project is receiving federal funding or approval.

(c) Opportunity for public involvement under thi s 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 proces s under that law constitutes compliance with (a) – (c) 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 50.725. General conformity: incorporation b y 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 a mended through December 1, 1994, shallRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

129 comply with the following federal regulations, as a mended 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 con formity of general federal actions); and (8) 40 C.F.R. 51.859 (Procedures for conformity de terminations of general federal actions). (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.730. General conformity: mitigation of a ir quality impacts . (a) The federal agency referred to in 18 AAC 50.725 shall i dentify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal action;

(2) the estimated emission reduction available fro m an identified mitigation measure; and

(3) the process for implementing a mitigation meas ure including, as applicable,

(A) a description of the funding source for the mi tigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; and

(C) the process for tracking emission reductions f rom a mitigation

measure.

(b) If a mitigation measure involves a separate pe rson or agency, the federal agency making the conformity determination shall, before d etermining 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 commi tment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment. ARegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

130 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 ofa license, permit, or similar authorization issued by the federal agency, the federal agen cy shall require the person or agency issued the license, permit, or authorization to fully implemen t the mitigation measure as a condition for continued approval of the license, permit, or autho rization.

(d) A federal agency may modify a mitigation measu re if that agency

(1) concludes that the proposed modification suppo rts the conformity determination, using the procedures and criteria se t 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 modific ation, using the public participation procedures set out in 40 C.F.R. 51.85 6, 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)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.735. General conformity: frequency of co nformity determinations. (a) The conformity status of a federal action lapses fi ve years after the date that a final conformity determination is reported to the department unless

(1) the federal action is completed before five ye ars 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 p rogress is not considered a new action and does not require a periodic redeterminat ion required by this section if the emissions associated with the activity are within the scope o f the final conformity determination reported in accordance with 40 C.F.R. 51.855, adopted by refere nce in 18 AAC 50.725.

(c) If, after the final conformity determination i s made, the federal action is changed so

that there is an increase in the total of direct or indirect emissions above the levels set in 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

131 Article 8. (Reserved)Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

132 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 law s. The department’s The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes t he 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 4 6.14.990, is eligible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible small bus iness 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 an d 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 ch ange 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 amend ment to this chapter submitted under (d)(1) of this section for public hearing as provid ed in AS 44.62.230 if the change would not

cause a violation ofRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

133 (1) the Clean Air Act;

(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, inc luding details on determining eligibility, may be obtained from the department's small business advoc ate, 410 Willoughby Avenue, Juneau, Alaska 99801-1795, (907) 465-5100. A copy of the p rogram description as it appears in the state air quality control plan, adopted by reference in 1 8 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 emissi ons. 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 wh ich large amounts of combustible materials are burned in a rectangular c ontainment equipped with an overfire air

system; (5) "air pollution" has the meaning given in AS 46 .03.900;

(6) "air pollution control equipment" means equipm ent or a portion of equipment designed to reduce the emissions of an air pollutan t to the ambient air;

(7) "air quality control requirement" means any ob ligation created by AS 46.14, this chapter, or a term or condition of a preconstr uction 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,Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

134 (A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitation that is enforceable as a practical matter on the emission unit’s potential to emit; and

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the words “or enforceable as a practical matter” are ad ded 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 46.1 4.990;

(10) "ambient air quality standards" has the meani ng given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source tha t manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any combination of dryers, systems for screening, handl ing, storing, and weighing dried aggregate, systems for loading, transferring, and storing mine ral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control syst ems within the stationary source;

(13) "assessable emission" has the meaning given i n AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning g iven 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 installati on” has the meaning given in AS 46.14.990;

(18) “casting off” means the first release of a li ne securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class I II 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 s ource 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 pl ant” includes any combination of thermalRegister 190, July 2009 ENVIRONMENTAL CONSE RVATION

135 dryers, pneumatic coal-cleaning equipment, coal pro cessing and conveying equipment, breakers and crushers, coal storage systems, and coal transf er systems within the stationary source;

(23) "commissioner" means the commissioner of envi ronmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a sto rage 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 i n AS 46.14.990;

(27) "delivery tank" means the tank portion of a t ank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank o f less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environm ental Conservation;

(29) "emission" has the meaning given in AS 46.14. 990;

(30) "emission limitation" has the meaning given i n 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 4 6.14.990;

(33) "EPA" means the United States Environmental P rotection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) "expected annual arithmetic mean" as that ter m is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C. F.R. Part 50, Appendix K, sec. 2.2, adopted by reference in 18 AAC 50.035;

(36) “expected number” as that term is used in

(A) 18 AAC 50.010(1)(B), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.1, adopted by reference in 18 AA C 50.035; and

(B) 18 AAC 50.010(4), has the meaning given in 40 C.F.R. Part 50, Appendix H, 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;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

136 (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 Management/Alaska Fire Service;

(39) "fuel-burning equipment" means a combustion d evice capable of emission; “fuel-burning equipment” includes flares; “fuel-bur ning equipment” does not include mobile internal combustion engines, incinerators, marine v essels, 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 stat ionary 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 fire boxes;

(44) "hazardous air pollutant" has the meaning giv en in AS 46.14.990;

(45) “hazardous air pollutant major source” has th e meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by refere nce in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the sc ope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed unde r natural conditions; in this paragraph, “change in visibility” includes light extinction, a tmospheric discoloration, and any other change in visual range, contrast, or coloration;

(48) "incinerator" means a device used for the the rmal oxidation of garbage or other wastes, other than a wood-fired heating devic e, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

137 (49) "industrial process" means the extraction of raw material or the physical or

chemical transformation of raw material in either c omposition or character;

(50) "lowest achievable emission rate" or “LAER” h as 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 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 stationar y source or physical change that meets the definition of “major stationa ry source” under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationar y source or physical change that meets the definition of “major stationa ry 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 th at 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 th at 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 “M ACT” means a maximum achievable control technology emission limitation d efined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing s ource;

(57) "maximum true vapor pressure" means the equil ibrium partial pressure exerted by a stored liquid at the local maximum mon thly 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 gi ven to “modification” in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

138 (60) “Nikiski Industrial Area” means the area of t he Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Rang e 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air p ollutant for which a particular area has been designated by the federal administrat or 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;

(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 materia l that results in the products of combustion being emitted directly into the ambie nt air without passing through a stack, flare, vent, or other opening of an emission unit from whi ch an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14. 990;

(67) "organic vapors" means any organic compound o r mixture of compounds evaporated from volatile liquid or any organic comp ound 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 give n 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 standar d conditions;

(72) "permit" includes all of the elements describ ed 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 46.14.99 0;

(74) "petroleum refinery" means a stationary sourc e engaged in the distillation of petroleum or re-distillation, cracking, or reformin g of unfinished petroleum derivatives;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

139 (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 a ccordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter with an aero dynamic 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 emi ssion units subject to a standard in 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning given t o 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 appro ving 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 environmental ly acceptable procedure exists, that procedure will be required;

(83) “project” means a physical change or change i n the method of operation of an existing stationary source;

(84) “PSD” means prevention of significant deterio ration;

(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 o f fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the m eaning given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 5 0.040, 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;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

140 (90) "regionally significant project" has the me aning given in 40 C.F.R. 93.101 adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning giv en in AS 46.14.990;

(92) “regulated NSR pollutant” has the meaning giv en in 40 C.F.R. 51.166(b)(49);

(93) "responsible official" means

(A) for a corporation, a president, secretary, tre asurer, or vice-president of the corporation in charge of a principal business f unction, or any other person who performs similar policy or decision making function s for the corporation, or a dulyauthorized representative of that person if the rep resentative 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 representa tive is approved in advance by the department;

(B) for a partnership or sole proprietorship, a ge neral partner or the proprietor, respectively; and

(C) for a public agency, a principal executive off icer or ranking elected official; for the purposes of this chapter, a princ ipal executive officer of a federal agency includes the chief executive officer with responsib ility 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 sing le drill rig is drilling or testing an oil or gas well in normal operation or standby s ervice; “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 plan ned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities ne cessary to cease operation of a

source; (98) "small business facility" has the meaning giv en in AS 46.14.990;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

141 (99) "smolder" means to burn and smoke without fla me;

(100) “soot-blowing” means using steam or compress ed air to remove carbon

from a furnace or from a boiler’s heat transfer sur faces;

(101) "stack" has the meeting given in AS 46.14.99 0;

(102) "standard conditions" means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a mar ine vessel, the point in time that emissions begin to exit from the vessel a s a result of igniting the engine; and

(B) for all other sources, the setting into operat ion of a source for any

reason;

(104) "state air quality control plan" means the p lan 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) stand ard;

(C) a maximum achievable control technology standa rd 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 50.0 40(a) or (c); and

(E) any other similar standard for which the strin gency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means cons truction 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 perio d;

(108) “thermal soil remediation unit” means a stat ionary source that causes petroleum contamination to be desorbed from soils b y heating the soil in a kiln;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

142 (109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.3 11, 18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;

(B) construction permit issued before October 1, 2 004; or

(C) permit to operate issued before January 18, 19 97;

(110) “Title V permit” means a permit required by AS 46.14.130(b);

(111) “Title V source” means a stationary source classified as needing a permit under AS 46.14.130(b);

(112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fu el, excluding propane, that does not contain used oil, crude oil, or a hazardou s waste;

(115) "upset" means the sudden failure of equipmen t or a process to operate in a

normal and usual manner.

(116) "vapor collection system" means all equipmen t, ducts, piping, valves, and fittings necessary to prevent organic vapors displa ced 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 li quid 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 equ ipment, loading arms, piping, meters, and fittings used to fill delivery tanks wi th volatile liquid;

(120) "volatile liquid storage tank" means any sta tionary 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, 2004 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;Register 190, July 2009 ENVIRONMENTAL CONSE RVATION

143 (123) "wood-fired heating device" means a device d esigned 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 s toves, 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 prov ides usable heat for the interior of a building.

(124) “portable oil and gas operation” means an op eration that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated wit h drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portable oil a nd gas operation” does not include well servicing activities; for the purposes of this para graph, “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 stay s 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 whic h a plantwide applicability limitation (PAL) is established at a major stationa ry source;

(127) “regional administrator” means the adminis trator of Region X of EPA.

(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)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560 AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 19 93