# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through May 6, 2009

### IMPORTANT NOTE TO READER

The regulations reproduced here have been provided by the Department of Environme ntal Conservation as a public courtesy. While every effort has been made to assure the accuracy of the reproduced version, the Department of Environmental Conservation cannot guarantee its absolute accuracy. Paper copies of the regulations as originally fi led with the Lieutenant Governor are available for the Department of Environmental Conservation.

The regulations h ave an effective date of May 6, 2009 , are in Register 190 , and will appear

in off ici al published form in the July 2009 Supplement to the Alas ka Administrative Code.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

1 Chapter 50. Air Quality Control

.

Article 1. Ambient Air Quality Management (18 AAC 50.005

- 18 AAC 50.110) 2. Program Administration (18 AAC 50.200

- 18 AAC 50. 260 3. Major Stationary Source Permits (18 AAC 50.300

- 18 AAC 5 0.390) 4. User Fees (18 AAC 50.400

- 18 AAC 50.430) 5. Minor Permits (18 AAC 50.502

– 18 AAC 50.560) 6. (Reserved) 7. Conformity (18 AAC 50.700

- 18 AAC 50.735) 8. (Reserved) 9. General Provisions (18 AAC 50.900

- 18 AAC 50.990)

Editor's note: The regulations in this chapter, effective January 18, 1997, and distributed in Register 141, are a com prehensive reorgan iza tion and revision of the department's regulations dealing with air quality control. Except for the provisions of 18 AAC 50.110 and

18 AAC 50.700

- 18 AAC 50.735, they replace all previous regula tions in this chapter that were repealed simultaneously with the adoption of these regula tions. The history line at the end of each section does not reflect the history of the replaced prov isions before January 18, 1997. The numbering of sections is not related to the number ing before January 18, 1997. Previous amend

ments of this chapter are on file in the Office of the Lieutenant Governor and are found at Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register 88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126,

4/7/ 93; Register 127, 7/8/93; Register 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; Register 131, 8/5/94; Register 131, 8/10/94; and Register 133, 1/4/95.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

2 Article 1. Ambient Air Quality Management.

Section

05. Purpose and applicability of c hapter 10. Ambient air quality standards 15. Air quality designations, classifications, and control regions

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

45. Prohibitions

50. Incinerator emission standards 52. (Repealed) 55. Industrial processes and fuel

- burning equipment 60. Pulp m ills 65. Open burning

70. Marine vessel visible emission standards

75. Wood

- fired heating device visible emission standards 80. Ice fog standards 85. Volatile liquid storage tank emission standards 90. Volatile liquid loading racks and de livery tank emission standards 100. Nonroad engines 110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapter. (a) The purpose of this chapter is to identify, prevent, abate, and control air pollution in a manner that meets th e purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401

- 7671q (Clean Air Act).

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

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

AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concen tra tions of air pollutants in the ambient air, measured or predicted by an analytical me thod described in 18 AAC 50.215, are established as follows:

(1) for PM

- 10:

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

and

(B) 24

- hour average of 150 micrograms per cubic meter, with this standard being attained when the expected number of days in a calendar year with a 24

-Register 190, July 2009 ENVIRONMENTAL CONSERVATION

3 hour average concentration above 150 micrograms per 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 cubic meter;

(B) 24

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

(C) three

- hour average of 1300 micrograms per cubic meter not to be exceeded more than once each year;

(3) for carbon monoxide:

(A) eight

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

(B) one

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

(4) for ozone: one

- hour average of 235 micrograms p er 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 per cubic meter is less than or equal to one day;

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

meter;

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

(7) for reduced sulfur compounds, expressed as sulfur dioxide: 30

- minute average of 50 micrograms per cubic meter not to be exc eeded 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 17 1)

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

AS 46.14.010

18 AAC 50.015. Air quality designations, classifications, and control regions. (a) To identify an area by its air quality, all geographic areas in the state are designa ted by the federal

administrator as "attain ment," "nonattainment," or "unclassifi able." 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 d oes not meet the ambient standard for a particular airRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

4 pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or nonattainment for a particular air pollutant, the

a rea is designated "unclassifiable" for that air pollutant.

(b) The following areas have been designated by the federal administrator as "nonattain

ment" 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 significant deterioration of air quality, geographic areas in the state are

(1) divided into fou r "air quality control regions" as follows:

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

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

(D) Southeast Alaska In trastate Air Quality Control Region; and

(2) classified as shown in Table 1 in this subsection for each air pollutant for which the area is designated "unclassifiable" or "attainment."Register 190, July 2009 ENVIRONMENTAL CONSERVATION

5 Table 1. Air Quality Classifications

Classification Geograp hic Area

Class I areas Denali National Park including the Denali Wilderness but excluding the Denali

National Preserve

Bering Sea National Wildlife Refuge desig

nated as a National Wilderness Area

Simeonof National Wildlife Refuge designated as a National Wilderness Area

Tuxedni National Wildlife Refuge desig

nated 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 boundaries are depicted on maps in the state air quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and

nonattainment area boundaries are described in 4 0 C.F.R. 81, as revised as of July 1, 2003.

As of Register 154, July 2000, the regulations attorney made a technical revision under

A S 44.62.125(b)(6) in Table 1 at 18 AAC 50.015(c)(2)

.

18 AAC 50.020. Baseline dates and maximum allowable increases . (a ) In an area designated nonattainment in 18 AAC 50.015(b), the provisions of this section do not apply to the nonattainment air pollutant. However, this section does apply to all other air pollutants listed in

Table 2 in this subsection.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

6 Table 2. Ba seline 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

Intra state Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM

- 10 October 26, 1979

Southeast Alaska Intra

state Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986

PM

- 10 The earliest date upon which the depart

ment declares complete an application for a

facili ty or modification that includes infor

mation required under

18 AAC 50.306 and shows an increase in

actual PM

- 10 emissions equal to or ex

ceeding 15 tons per year.

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

(1) baseline dates for determining the ambient concentration of certain air pollutants are established for each air quality control region listed in Table 2 in (a) of this section;

(2) in areas designated as Class I, II, or III, increases in air pol lutant concentration

over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection; (3) for any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location; and

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a method described in 18 AAC 50.215.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

7 Table 3. Maximum Allowable Increases

Classification of area

in 18 AAC 50.015(c)

Ta ble 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 d ioxide:

An nual 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 d ioxide:

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 d ioxide:

Annual arithmetic mean

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

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

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

determined as follows:Register 190, July 2009 ENVIRONMENTAL CONSERVATION

8 (1) for PM

- 10 and sulfur dioxide, the baseline concentration is the ambient concentration of the air pollutant on the applicable baseline date, plus t he contribution from

allowable emis sions of a PSD major stationary source for which construction commenced be fore January 6, 1975, but that was not in opera tion by the base line date; however, the baseline

concentration does not include actual emis sion s from a PSD major stationary source or a PSD major modification for which construction commenced on or after January 6, 1975; and

(2) for nitrogen dioxide, the baseline concentration is the ambient concen tra tion of the air pollutant on the appli cable baseline date, plus the contribution from allowable

emis sions of a PSD major stationary source for which con struc tion commenced before February 8, 1988, but that was not in operation by the baseline date.

(f) In this section, “commence” has the mea ning given in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040. (Eff. 1/18/97, Register 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. V isibility and other special protection areas. (a) Visibility special protection areas are established to prevent impairment of visibility. The following areas are designated visibility special protection areas:

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

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

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

(b) A wood smoke control area is a geographic location where a wood

- burning activity

has resulted in two or more discontinuous 24

- hour periods when the ambient exposures of

PM

- 10 solely from this activity have reached or exceeded 150 micrograms per cubic met er of air. The Mendenhall Valley area of Juneau is designated a wood smoke control area.

(c) Special protection areas for sulfur dioxide are established to prevent the violation of the ambient air quality standard and maximum allowable ambient concen tration for sulfur dioxide. The following areas are designated as special protection areas for sulfur dioxide:

(1) in the Unalaska area, the land and water areas within a 3.4

- mile radius of the

intersection of 53 **<** 53' 4" N latitude and 166 **<** 32' 11" W l ongitude; and

(2) in the St. Paul Island area, the land and water areas south of UTM Northing 6333.00 kilometers (57 **<** 8' 29" N latitude) and within 0.6 kilometers of St. Paul Island. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 5 0.030. State air quality control plan. Volumes II and III of the State Air Quality Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, a s amended through February 20, 2009 , are adopted by reference. The plan includes the following documents which are also adopted by reference:

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

, April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended by the provisions of Ord inance of the City and Borough of Juneau, Alaska, Serial No. 2008

- 28,sec. 2 ;

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

(4) the department's Alaska Quality Assurance Manual for Ambient Air Quality 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 Models (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 , revi sed as of August 20,

2008 ; (10) the department’s Minor Permit Application Forms , dated August 30, 2004.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000; Register 152; am 12/30/2000; Register 156; am 9/21/2001 , Register 159; am 1/27/2002, Register 161; am 3/2/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Register 171 ; am 12/14/2006, Register

180 ; am 12/30/2007, Register 184 ; am 5/17/2008, Re gister 186 ; am 7/25/2008, Register 187 ; am, 11/9/2008, Register 188 ; am 5/6/2009, Register 190 )Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

AS 46.14.020 AS 46.14.140

Editor's note : The State Air Quality Control P lan and the other d ocuments adopted by

reference in 18 AAC 50.030 may be reviewed at the department's Anchorage, Fairbanks, or

Juneau office and are on file with the Office of the Lieutenant Governor.

18 AAC 50.035. Documents, procedures, and methods adopted by reference

. (a) The following documents are adopted by reference:

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

, Revision 1, revised August 2008 ;

(2) Workbook for Plume Visual Impact Screening and Analysis (revised),

EPA 454/R

- 92

- 023, October 1992;

(3) the United States Environmental Protection Agency's (EPA) publication AP

42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area

Sources , Fift h Edition with Supplements A

– F and annual updates

, as updated through

Dec ember 2007 ;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications

, EPA

- 454/R

- 99

- 005, February 2000 ;

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration (PSD) , EPA

- 450/4

- 87

- 007, May 1987;

(6) the depar tment’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 Portable 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 in 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, and K;

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

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

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 Analysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240

- 92(1997)e2, Standard Test Method for Heat of Combustion of Liquid Hydroc arbon Fuels by Bomb Calorimeter.

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

(1) ASTM D 129

- 00, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), approved January 10, 2000;

(2) ASTM D 1266

- 98, Standard Test Method for Sulfur Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552

- 95, Standard Test Method for Sulfur in Petroleum P roducts (High Temperature Method), approved August 15, 1995;

(4) ASTM D 2622

- 98, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X

- Ray Fluorescence Spectometry, approved April 10, 1998;

(5) ASTM D 4294

- 98, Standard Test M ethod for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X

- Ray Fluorescence Spectroscopy, approved April 10, 1998; (6) ASTM D 4045

- 99, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Hydrogenolysis and Rateometric C olorimetry, approved January 10, 1999; (7) ASTM D 2492

- 90 (Reapproved 1998), Standard Test Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176

- 89 (Reapproved 1997), Standard Practice for Ultimate Analysis of Coal and Coke, appro ved September 29, 1989;

(9) ASTM D 4749

- 87 (Reapproved 1994), Standard Test Method for Performing the Sieve Analysis of Coal and Designating Coal Size, approved November 27, 1987;

(10) ASTM D 1140

- 97, Standard Test Method for Amount of Material in Soil s Finer Than the No. 200 Sieve, approved May 10, 1997;

(11) ASTM D 422

- 63 (Reapproved 1998), Standard Test Method for Particle

Size Analysis of Soils, approved November 21, 1963;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

12 (12) ASTM D 4629

- 96, Standard Test Method for Trace Nitrogen in Liquid

Pet roleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection, approved April 10, 1996;

(13) ASTM D 5762

- 98, Standard Test Method for Nitrogen in Petroleum and Petroleum Products by Boat

- Inlet Chemiluminescence, approved Decem ber 10, 1998;

(14) ASTM D 4913

- 89( Reapproved 1995), Standard Practice for Determining Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810

- 88 (Reapproved 1999), S tandard Test Method for Hydrogen Sulfide in Natural Gas Using Length

- of

- Stain Detector Tubes, approved April 29, 1988;

(16) ASTM D 6216

- 98 Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performance Specificati ons, approved February 10, 1998;

(17) ASTM D 4239

- 00 Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High

- Temperature Tube Furnace Combustion Methods, approved April 10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Regi ster 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171 ; am 12/3/2005, Register 176 ; am 7/25/2008, Register 187 ; am 11/9/2008, Register 188 )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

Editor's note : The documents, procedures, and methods adopted by reference in 18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office.

For information on how to obta in a copy of the EPA publication AP

- 42 referred to in this section, contact EPA's InfoCHIEF information line at (919) 541

- 5285.

For information on how to obtain a copy of the ASTM documents referred to in 18 AAC 50.035, contact the American Society for T esting and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428

- 2959, phone (610) 832

- 9585; fax (610) 832

- 9555.

18 AAC 50.040. Federal standards adopted by reference. (a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources ), as revised as of July 1, 2007 , are adopted by reference 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 CONSERVATION

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

(B) Subpart Da (Standards of Performance for Electric Utility Steam Generating Uni ts for Which Construction is Commenced After September 18, 1978);

(C) Subpart Db (Standards of Performance for Industrial

– Commercial

- Institutional Steam Generating Units);

(D) Subpart Dc (Standards of Performance for Small Industrial

– Commercial

- Institutional Steam Generating Units);

(E) Subpart E (Standards of Performance for Incinerators);

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

(G) Subpart Ec (Standards of Performance for Hospital, Medical, and

I nfectious Waste Incinerators;

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

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

(J) Subpart J (Standards of Performance for Petroleum Refineries);

(K) Subpa rt K (Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performance for Storage Vessels for

P etroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage V essels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984);

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

(O) Subpart N (Standards of Performance for Primary Emissions from Basic Oxygen Proces s Furnaces for Which Construction is Commenced After June 11, 1973);

(P) Subpart Na (Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983);Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

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

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

(T) Subpart Y (Standards of Performance for Coal Pre paration Plants);

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

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

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants); (X) Subpart LL (Standard s of Performance for Metallic Mineral Process

ing Plants); (Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Che micals Manufacturing Industry);

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Termi

nals); (BB) Subpart GGG (Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries);

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

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

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

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

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

(HH) Subpart UUU (Standards of Performance for Calciners and Dryers

in Min eral Industries);

(II) Subpart WWW (Standards of Performance for Municipal Solid Waste Landfills);Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

Industrial Solid Waste Incineration Units for Which Construction Is Commenced After

Nove mber 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001);

(KK) the provisions of Subpart AAA (Standards of Performance for New Residential Wood Heaters), except that the operator of a wood stove may demonstrate

com pliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the permanent label required by 40 C.F.R. 60.536;

(3) the provisions of Appendices A

- F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for

Ha zardous 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 Mercury);

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

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

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

(E) Subpart FF (National Emission Standard for Benzene Waste Opera

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

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

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), a s revised as of July 16, 2007 , are adopted by reference as they apply to a Title V source:Register 190, July 2009 ENVIRONMENTAL CONSERVATION

16 (1) Subpart A (General Provi sions), 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 a re not adopted; and

(B) the requirements of 40 C.F.R. 63.51

- 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutant major source that includes one or more sources from a category or subcategory estab

lished under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA administrator has failed to promulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112 (e));

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

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

(5) Subpart N (Chromium Electroplating and Anodizing);

(6) Subpart Q (Industrial Process Cooling Towers);

(7) Subpart R (Gasoline Distribution Facilities: Bulk Gasoline Terminals and Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

(9) Subpart Y (Marine Tank V essel Loading Operations);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off

- Site Waste and Recovery Operations);

(12) Subpart GG (Aerospace Manufactur ing and Rework Facilities);

(13) Subpart HH (Oil and Natural Gas Production Facilitie s;

(14) Subpart II (Shipbuilding and Ship Repair);

(15) Subpart JJ (Wood Furniture Manufacturing);

(16) Subpart KK (Printing and Publishing Industry);

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 (Non

- Gasol ine));

(22) Subpart YYYY (Stationary Combustion Turbines) ;

(23) Subpart ZZZZ (Stationary Reciprocating Internal Combustion Engines) ;

(2 4) Subpart GGGGG (Site Remediation);

(25 ) Subpart PPPPP (Engine Test Cells, Stands);

(26) Subpart LLLLLL (Acryl ic and Modacrylic Fibers Production Area Sources);

(27) Subpart MMMMMM (Carbon Black Production Area Sources);

(28) Subpart NNNNNN (Chemical Manufacturing Area Sources : Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyurethane Foam Production a nd Fabrication Area Sources);

(30) Subpart PPPPPP (Lead Acid Battery Manufacturing Area Sources);

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

(32 ) Appendix A (Test Methods);

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

(d) The provisions of 40 C.F.R. Par t 82, as revised 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. 52.9 6, as revised as of July 1, 2007

, as they appl y 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 (Revis ed)), as revised as of July 1, 2007 , are adopted by reference.

(g) The f ollowing 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 CONSERVATION

18 (1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste

Com bustors Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since May 30, 1991);

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

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

Waste Incineration Units that Commenced Con struction on or Before November 30, 1999);

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

(h) The following provisions of 40 C.F.R. 51.166 and 40 C.F.R. 52.21 (Prevention of Significant Deterioration of Air Quality ), as revised 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) (Appl icability Procedures);

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

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

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

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

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

(i) 40 C.F.R. 52.21(b)(4) (“potential t o 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 CONSERVATION

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 pollutant”);

(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 Analys is);

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

(11) 40 C.F.R. 52.21(m) (Air Quality Analysis);

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

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

(14) 40 C.F.R. 52.21(p) (Sources Impacting Fede ral Class I Areas);

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

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

(17) repealed 7/25/2008 ;

(18) repealed 7/25/2008 ;

(19) repealed 7/25/2008 ;

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

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

(B) the requirements of 4 0 C.F.R. 52.21(aa)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions fromRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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

combustion of fuel.

(i) From th e following provisions of 40 C.F.R. 51.165 (Permit Requirements ), as revised as of July 2, 2007 , text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:

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

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

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

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

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

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

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

(vi) 40 C.F.R. 51.165(a)(1)(xviii) (“construc tion”);

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

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

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

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

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

(4) 40 C.F.R. 51.165(a)(4) (Fugitive Emissions);

(5) 40 C.F.R. 51.165(a)(5) (Source Obligations);

(6) 40 C.F.R. 51.165(a)(6) (Projecte d Actual Emissions);

(7) repealed 7/25/2008 ;

(8) repealed 7/25/2008 ;

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

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 ac ceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 51.165(f)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the

combustion of fuel.

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits ), as revised as of July 2, 2007 , are adopted by re ference, except as provided in 18 AAC 50.326:

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

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

(3) 40 C.F.R. 71.5(a)

- (c) (Permit Applications);

(4) 40 C.F.R. 71.6(a)

- (f) (Permit Content);

(5) 40 C.F.R. 71.7(a)

- (e) (Permit Issuance, Renewal, Reopenings, and Revisions); (6) 40 C.F.R. 71.8 (Affected State Review);

(7) 40 C.F.R. 71.10(d) (Delegation);

(8) 40 C.F.R. 71.11(a)

- (h) and (j)

- (k) (Administrative Record, Public Participation, an d Administrative Review). (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171 ; am 12/3/2005 , Regi ster 176 ; am 7/25/20 08, 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 ope rator of an affected facility subject to a federal emission standard that is not at a stationary source subject to a Title V permit should contact the United States Environmental Protection Agency.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

22 18 AAC 50.045. Prohibitions. (a) A person may not dil ute emissions with air to comply with this chapter, except that dilu tion air may be used at a sulfur recovery plant with a

maxi mum production rate of 20 long tons per day or less to comply with the 500 ppm sulfur

dioxide re quirement of 18 AAC 50.055(c).

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

(c) A person may not co nstruct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or that will inter fere with the attainment or maintenance of ambient air quality standards.

(d) A person who causes or permits bulk ma terials to be handled, transported, or stored, or who engages in an industrial activity or construction project shall take reasonable precautions to prevent particulate matter from being emitted into the ambient air.

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

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

(1) using that portion of a stack that exceeds good engineering practice stack height; (2) varying the emissions rate of an air pollutant according to atmospheric

conditions or am bient concentrations of that air pollutant; or

(3) increasin g exhaust gas plume rise by

(A) ma nipulating a source process parameter, exhaust gas parameter, or stack parameter;

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

or (C) other selective handling of exhaust gas streams.

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

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

(2) combining the exhaust gases from several stacks into one stack i f the stationary source was original ly designed and constructed with combined ex haust streams;

(3) combining the exhaust gases from sev eral stacks 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 CONSERVATION

23 of the controlled air pollutant; or

(4) any technique that increases the exhaust gas plume rise if the allowable emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 1/18/97, Register 14 1; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust effluent of an incinerator, including an air curtain incinerator, may n ot be reduced by visible emissions, excluding condensed water vapor, by more than 20 percent averaged over any six

consecutive minutes.

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

matter standard listed for that i ncinerator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard

Rated capacity less than 1

, 000 pounds per hour No limit

Rated capacity greater than or equal to 1

, 000 but

l ess than 2

, 000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide

and stan dard 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 stan dard conditions, averaged over

three hours

An incinerator that burns waste containing more than 10 percent wastewater treatment plant sludge by dry weight from a municipal wastewater treat

me nt plant that serves 10,000 or more persons 0.65 grams per kilogram of dry sludge input

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

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

AS 46.14.010 AS 46.14.030

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

24 18 AAC 50.055. Industrial process es and fuel

- burning equipment. (a) Visible

emiss ions, excluding condensed water vapor, from an industrial pro cess or fuel

- burning equipment may not reduce visi bility through the exhaust effluent by

(1) more than 20 percent averaged over any six consecutive minutes, except as provided in (2)

- (9) of this subsection;

(2) more than 30 percent averaged over any six consecutive minutes for fuel

burning equipment in operation before No vember 1, 1982, and using more than 20 per cent woodwaste as fuel;

(3) more than 55 percent for a urea prilling tower in operation before July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on a daily 24

- hour average of five

- second measure ments by continuous opacity moni tor ing instru

mentation approved by the depart ment and that c on forms to Perfor mance Specifica tion Number 1 in 40 C.F.R. Part 60, Ap pendix B, adopted by reference in 18 AAC 50.040;

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt plant con structed or modified after June 11, 19 73;

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

modified after November 1, 1982;

(6) 10 percent or greater averaged over any six consecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plant after No vember 1, 1982;

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

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

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

(A) the visible emissions are caused by startup, shutdown, soot

- blowing, grate cleanin g, or other routine maintenance activities specified in an operating permit issued under this chapter;

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

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; andRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

25 (ii) completes one cycle of sampling and analyzing for each

successive 15

- second period;

(C) the owner or operator of the boiler provides the department with a demonstration that the particulate matter emissions from the boiler allowed by this opacity limit will not cause or contribute to a violation of the ambient air quality

standards for PM

- 10 in 18 AAC 50.010, or to cause the maximum allowable increases for

P M

- 10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationary source

- specific revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opaci ty limit otherwise applicable under

this section.

(b) Particulate matter emitted from an industrial pro cess or fuel

- burning equipment may not exceed, per cubic foot of exhaust gas corrected to standard condi tions and averaged over three hours,

(1) 0. 05 grains, except as provided in (2)

- (6) of this subsection, (d)

- (f) of this section, and 18 AAC 50.060;

(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 milli on Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in opera tion before July 1, 1972, except as provided in (6) of this sub section;

(4) 0.15 grains for fuel

- burning equip ment 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 or modified after June 11, 1973;

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

(c) Sulfur

- compound emissions, expressed as sulfur dioxide, f rom an industrial process

or from fuel

- burning equipment may not exceed 500 ppm averaged over a peri od of three hours, except as provided in (d)

- (f) of this sec tion and 18 AAC 50.060.

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

(1) for a catalytic cracking unit catalyst regeneratorRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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

(B) 43.0 additional grams of particu late mat ter per million joules supple

mental heat attrib ut able to fuels burned in a catalyst regenera tor waste heat boiler; and

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

(2) for a sulfur recovery plant rated at more than 20 long tons per da y

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or

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

(3) for fuel

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

(A) for equipment burning only fuel gas, the concentration of uncon

t rolled emissions that would result from burning fuel gas containing 230 milligrams hydro gen 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 combinat ion of fuel gas and other fuels, a concentration based on the allow able emissions in (A) and (B) of this para

graph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the equipment.

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

(1) for a thermal drying unit, 70 milligrams of par ticulate matter per cubic meter of exhaust gas at stan dard conditions; and

(2) for a pneumatic coal

- cleaning unit, 40 milli grams of partic ulate matter per

cubic meter of ex haust 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 e xceed the following:

(1) for a clinker cooler, 0.050 kilograms of particu late matter per 1,000 kilograms of feed on a dry basis to the kiln; and

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

27 (g) Rele ase of materials other than process emis sions, products of combustion, or

materials introduced to con trol pollutant emissions from a stack at a stationary source constructed

or modi fied after November 1, 1982, is prohibited, except as authorized by a co nstruction permit, Title V permit, or air quality control permit issued before October 1, 2004. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171 ; am 7/25/2008, Register 187 )

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

AS 46.14.010 AS 46.14.030

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

- hour period,

(1) 20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow pits, washer vents, storage tanks, di gester relief systems, and recovery systems; and

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks, digester relief syste ms, and recovery systems. (Eff. 1/18/97, Register 141)

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

AS 46.14.010 AS 46.14.030

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

- (f) of this section and shall ensure that

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

(2) before igniti ng the burn, non combustibles are separated to the greatest extent practicable;

(3) natu ral or artificially induced draft is present;

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

(5) combus tib les are not allowed to smolder.

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

Alaska , adop ted by reference in 18 AAC 50.035. Open burning approved under this subsectionRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

28 is subject to the following limita tions:

(1) open burning of liquid hydrocar bons pro duced during oil or gas well flow tests may occur only when there are no practical mean s available to recycle, reuse, or dispose of

the fluids in a more environ mentally ac ceptable manner;

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

to mini mize adverse environ men tal effects and limit the amount of sm oke gen erated; and

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

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burnin g or incineration of pesticides, halo genated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or acidic gases or particulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescible ga rbage, animal car casses, or petroleum

- based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby
persons or property.

(e) Air Quality Adv isory . Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in that area for that day. This advisory will be based on a determination that there is or is likel y to
be inade quate air ventilation to main tain the standards set by 18 AAC 50.010. The department will make reasonable efforts to ensure that the advisory is broadcast on local radio or television.

(f) Wood Smoke Control Areas . Open burning is prohib ited between November 1 and

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

(g) Controlled Burning . Controlled burning to manage forest land, vegetative cover, fisheries, or wildlife habitat, other than burning to combat a natur al wildfire, requires writ ten department approval if the area to be burned exceeds 40 acres yearly. The department will, in its discretion, require public notice as described in (j) of this section.

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

circumstances:

(1) before igniting the structure, the fire service shall

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

(B) visually identify materials in the structure that might contain asbestos,Register 190, July 2009 ENVIRONMENTAL CONSERVATION

29 test tho se materials for asbestos, and remove all materials that contain asbestos;

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, pesticides, paints, glues,

sea lers, tars, solvents, household cleaners, or photographic reagents;

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

(v) hazardous waste;

(vi) lead piping;

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

more; or (v iii) urethane or another plastic foam insulation;

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

(E) ensure that a fire

- service representative is on

- site before igniting the

structure;

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

(3) the fire service shall respond to complaints in accordance wit h (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 wit hout ensuring maximum combustion efficiency. To conduct this training without prior written department approval, the fire service shall

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

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

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

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

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

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

(4) for a surprise fire drill, state

(A) the address or location of the training; and

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

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

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

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

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

(A) th e name, address, and telephone number of each person who complained;

(B) a short summary of each complaint; and

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

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.03.710 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

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

(1) while at berth or at anchor, visibilit y may be reduced by up to 100 percent for periods aggregating no more thanRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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

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

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

(A) visib ility 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 ag gregating no more than nine minutes during that hour;

(3) during the hour immediately before the completion of all mane uvers to anchor or make fast to the shore, visibility may be reduced under one, but not both, of the following op

tions: (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 pe riods ag gregating no more than nine minutes during that hour; and

(4) at any time not covered by (1)

- (3) of this section, visibility may be reduced by up to 100 percent for periods aggregating no more than three minutes in any one hour. (Eff. 1/18/97 , Register 141; am 6/21/98, Register 146)

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

AS 46.14.010

18 AAC 50.075. Wood

- fired heating device visible emission standards. (a) A person may not operate a wood

- fired heating device in a manner that causes

(1) black smoke; or

(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245.

(b) A person may not operate a wood

- fired heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a prov ision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008

- 28, sec. 2 , adopted b y reference in 18 AAC 50.030. (Eff. 1/18/97, Registe r 141 ; am 5/6/2009, Register 190 )Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

AS 46.14.010 AS 46.14.030

18 AAC 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate a n industrial process, fuel

- burning equipment, or incinerator in an area of potential ice fog to obtain a permit and to reduce water emissions. (Eff. 1/18/97, Register 141)

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

AS 46.14.010

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

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

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

(3) a closed vent sy stem and control device that collects and reduces organic vapors emitted to the atmosphere by at least 95 percent (six

- hour average), as specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delive ry 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 subsec

tio n.

(b) The owner, operator, or permittee of a volatile liquid storage tank with an internal floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to meet the specificat ions of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after

June 1, 1995 that the tank is emptied and degassed.

(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in

the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1)

- (4) of this section, shall, no later than the fir st 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 s ource testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the document referred to in (a)(3) of this sectionRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

33 to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

(3) report to the department the results of all inspections and re pairs; and

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

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

AS 46.14.010 AS 46.14.030

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

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

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

(B) collects all organic vapors di splaced during the loading of vapor

- laden delivery tanks;

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

(D) processes the vapors collected under (B) of this parag raph with

(i) a control device that emits no more than 10 milligrams of organic vapors per liter of volatile liquid loaded (six

- hour average); or

(ii) a system that the department determines is as effective as the control device described in (i) of thi s subparagraph; in making a determi nation under this clause, the department will use the procedures specified in the depart

ment's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopte d by reference inRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

34 18 AAC 50.030;

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

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

(2) preventing the loading of liquid product into any vapor

- laden delivery tank

unless the tank (A) is connected to a vapor collection system t hat meets the require ments
of (1) of this subsection; and

(B) has been certified vapor

- tight under (b) of this section within the preceding 12 months; and

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

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

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

(1) perform annual tests to certify that the delivery tank is vapor

- tight; the owner or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix A

- 8, Method 27, adopted by reference in 18 AAC 50. 040(a), except that

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

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

(C) the allowable pressure change is 75 millimeters, or three inches, of water; and (D) th e test shall be performed for the volatile liquid as it would be for gasoline;

(2) mark the delivery tank with the month and year that the tank was last certified

vapor

- tight according to the test required under (1) of this subsection as follows ;

(A ) for a delivery tank this is the tank portion of a tank truck or tank trailer, the delivery tank must be marked in accordance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

35 (B) for a deli very tank that is the tank portion of a rail tank car,

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

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

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

(iv) the marking must be “V

– month/year”;

(3) provide the owner, operator, or permittee of the loading rack with a c opy of the most recent test results under (1) of this subsection; and

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

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

, adopted by reference in 18 AAC 50.030, to determine compliance with this section. In

accordanc e with those procedures, the owner, operator, or permittee shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

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

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

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

AS 46.14.010 AS 46.14.030

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

18 AAC 50.100. Nonroad engines

. The actual and potential emissions of nonroad engines are not included when determin ing the classification of a stationary source or modifica

tion under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance with other applicable air pollution control require ments. (Eff. 1/18/97, Register 141; am 10/1/2004, Regis ter 171)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

u nreasonably interfere with the enjoy ment of life or property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 190, July 2009 ENVIRONMENTAL CONSERVATION

37 Article 2. Program Administration

.

Section 200. Information requests 201. Ambient air quality investigation

205. Cert ification 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 advisori es 250. Procedures and criteria for revising air quality classifications 260. Guidelines for best available retrofit technology under the regional haze rule

18 AAC 50.200. Information requests. If requested by the department to determine compliance w ith AS 46.03, AS 46.14, and this chapter, the owner, operator, or permittee of a stationary source shall maintain records of, and report to the department information on, the nature and amount of emissions from the stationary source and other information d esignated by the department. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

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

AS 46.14.020

18 AAC 50.201. Ambient air quality investigation . (a) Upon a finding by the departmen t that emissions from an existing stationary source have a reasonable likelihood of causing or significantly contributing to ambient concentrations of one or more air pollutants that exceed an ambient air quality standard, maximum allowable increase, or th e limitations of 18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the effect of the stationary source’s emissions of those air pollutants on ambient air or on the

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

(b) Based on an evaluation submitted under (a) of this section or other information in the department's possession and subject to AS 46.14.010(e), the department may require an existing stationary source to reduce emissions o r implement another control strategy to reduce the ambient impact of those emissions as necessary to ensure that the concentration of air pollutants in the ambient air does not exceed the ambient air quality standards, maximum allowable increases, or the l imitations of 18 AAC 50.110. A reduction or control strategy may be imposed

as a source

- specific permit condition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the affected owner, operator, or permi ttee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given theRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

38 costs of determining an equitable allocation, any emission reduction or control strategy imposed under this section will be equitably allocat ed among stationary, mobile, and area sources and source categories based upon their relative contribution to the ambient impacts of concern, the cost of additional controls, and other equitable factors.

(c) When determining whether to impose a reduction or control strategy under (b) of this section, the department will consider the uncertainties of ambient air quality analysis, the costs and benefits of resolving the uncertainties, the nature of the ambient impact area, and the proximity and magnitude of adjacent impacts.

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

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

Authority: AS 46.03.020 AS 4 6.14.030 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 com

pliance certification required by the department under a permit program established under

AS 46.14 o r this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attache d to this document are true, accurate, and complete."

(b) The department may accept an electronic signature on an electronic application or other electronic record required by the department under a permit program established under

AS 46.14 or this cha pter 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 su bsection, that the person accepts or agrees to be bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140

AS 46.03.020 AS 46.14.0 30 Sec. 30, ch. 74, SLA 1993

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

39 18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorological or ambient air m onitoring 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 Quality

Monitor ing , adopted by reference in 18 AAC 50.030, for PM

- 10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, and ammonia;

(2) a reference method or an equivalent method described 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 Modeling Applications , adopted by reference in 18 AAC 50.035(a), for meteorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of replication, and approved by the department.

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

(1) ensure that estimates of ambient concentrations and impairment to visibility

are bas ed on applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models) , adop ted by reference in

18 AAC 50.04 0 (f) ; and

(2) for comparing predicted or measured ambie nt concentrations of an air pollutant to a maximum allowable increase established under 18 AAC 50.020(b)(2), exclude

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

(B) the increase in concentratio ns 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 person may substitute or modify an air quality mode l referenced in (b) (1) of this section only after

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), Section 3.2.2 (Use of Alternative Models

– Recommendations), adopted by reference in 18 AAC 50.040(f), t hat the alternative air quality model is more appropriate than a preferred air quality model; and

(2) obt aining approval from the regional administrator and the commissioner

.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

40 (d) Table 5 establishes the significant impact level, expressed as microgra ms per cubic meter, for each pollutant and averaging time. If the ambient impacts from emissions from a stationary source or modification are less than the concentrations in Table 5, the emissions are

not considered to cause or contribute to a violation o f 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 meter)

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 applicable.

(e) A person may us e the SCREEN3 dispersion model, without meeting the r equirements of (c) of this section, if the analysis conducted with 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 146; 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 1993

AS 46.14.030 AS 46.14.180

18 AAC 50.220. Enforceable test methods

. (a) The department may require an owner, operator, or permittee to conduct air pollutant emission tests to determine compliance with AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other requirement specifies a time period within which testing must be completed, the owner, operator, or permittee shall conduct the testing within the specified period regardless of whether the department explicitly calls for testing under this subsection.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

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

and (2) at the maximum rated burning or operating capacity of the emissi on unit or another rate determined by the department to characterize the actual discharge into the ambient

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

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

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

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

(C) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 63, adopted by refer ence in 18 AAC 50.040(c);

(D) source testing for reduction in visibility through the exhaust effluent must follow the procedures set out in Vol. 3, sec. IV

- 3, Appendix IV

- 3, "Alaska Air Quality Visible Emissions Evaluation Procedures," of the state air q uality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particulate matter, sulfur com

pounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal w aste combustor organics, metals, and acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040; and

(F) source testing for emissions of PM

- 10 must follow the procedures set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035;

(2) emissions of any air pollutant may be determined using an alternative method approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, adopted by refere nce in 18 AAC 50.040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus the excess air volume normal for the specific source type, corrected to standard conditions.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 prior compliance tests or other reasonably accurate data or calculations;

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

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

(e) The owner, operator, or permittee shall submit the results of testin g conducted under this section as required by Vol. 3., sec. IV

- 3, Appendix IV

- 3, of the state air quality control plan, adopted by reference in 18 AAC 50.030.

(f) In source testing for compliance with the particulate matter standards in

18 AAC 50.050 or 18 AAC 50.055, the three

- hour average is determined using the average of

three one

- hour test runs. The source test must account for those emissions caused by soot blowing, grate cleaning, or other routine maintenance activities by ensuring that at leas t one test run includes the emissions caused by the routine maintenance activity and is conducted under conditions that lead to representative emissions from that activity. The emissions must be

quantified using the following equation:

Where:

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

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

E NM = the arithmetic average of p articulate emissions in gr/dscf measured by the test runs that did not include routine maintenance activity.

A = the period of routine maintenance activity occurring during the test tun that included routine maintenance activity, expressed to the nearest hundredth

of an hour.

B = the total period of the test run, less A.

R = the maximum period of source operation per 24 hours, expressed to the

nearest hundredth of an hour.

S = the maximum period of routine maintenance activity per 24 hours, ex

pressed to t he 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 1993 ** **  ** **  ** **  ** **  ** **  ** ** 

A x R

BS

- R

S)

- (R E + A x R S

x B) + (A E = E NM MRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

43 18 AAC 50.225. Owner

- requested limits. (a) The owner or operator of an existing or proposed stationary source may request an enforceable limit on the ability to emit air pollutants. A limitation approved under this section is an enforceable limitation for the purpose of determining (1) stationary source

- s pecific allowable emissions; and

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

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

(1) a completed stationary source identi fication form;

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

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

(4) a description of each proposed limit, including for each air pollutant a calculation of the effect the limit will have on the stationary source's potential to emit and the allowable emissions;

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

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

(7) if applying all limits does not avoid all permit classifications under AS 46.14 and this chapter, a description, and if necessary an application, for the remaining classifications;

(8) a statement that the owner or operator of the stationary source will be able to comply with each limit; an d

(9 ) a certification, bearing the signature of the person requesting the limit s , that states: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in this request are true, accurate, and complet e

.

(c) Within 30 days after receiving a request under (b) of this section, the department will

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

(2) deny the request and notify the owner or operator of the reasons for the denial.

(d) If th e 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 CONSERVATION

44 (1) the department will publish a notice in a newspaper of general circulation

wi thin the area where the stationary source is or will be located; the department will publish this notice in two consecutive issues of the newspaper and in other media the department considers appropri ate; the notice will include

(A) the name and addres s of the applicant and the location or proposed location of the stationary source;

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

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

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

sent;

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

(3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public hearing on the application as descr ibed in 18 AAC 15.060(d)

- (h); and

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

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

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

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

tion.

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

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

(1) describes the terms and conditions of the approval, including specific te sting, monitoring, recordkeeping, or reporting requirements;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

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

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

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

(h) The owner or operator may request the department to revise the terms or conditions of the approval issued under this section by submitting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approval 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 li mit that allows the owner or operator to continue to avoid the requirement; or

(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other requirement that was avoided. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171 ; am 1/29/2005, Register 173 ; am 7/25/2008, Register

187 )

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 l imits for certain stationary sources that become effective the day after the department receives a request containing all the required information. Under these "preapproved" emission limits or PAELs, no additional department approval is required. The own er and operator shall comply with the limit while that limit is in effect. The limit remains in effect until revoked in accordance with (e)

of this section.

(b) The owner or operator of a stationary source containing one or more emission units

described in (c) or (d) of this section may request that the preapproved limits in those subsections be applied to that stationary source. To make the request, the owner or operator shall submit to the department the informa tion required for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines may be established by restricting the amount of fuel that may be burned in an engine. ToRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

46 implement these limits, the owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limits will apply;

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the model and rated cap acity 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 ton s per year, that the equip

ment listed in (B) of this paragraph would have the potential to emit if subjected to the limits on fuel use proposed under (C) of this paragraph, determined by dividing the number provided under (C) of this paragraph by 3,309;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, from all emission units at the stationary source that are not listed under (B) of this paragraph; (F) a calculation of the stationary source’s total potential to emit nitrogen

ox ides, determined by adding the values derived under (D) and (E) of this paragraph;

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

(i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and com

plete"; and

(ii) the owner or operator fully understands the conditions required under (2) of this subsection and agrees to those conditions in order to limit nitrogen oxide emissions from the equipment listed under (B) of this paragraph to no more than the value calculated under (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(k)(2); and

(2) agree to

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) of this subsection during any consecutive 12 months to no more than the amount pro

posed under (1)(C) of this subsection;

(B) record the amount of fuel consumed in the equipment listed underRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

47 (1)(B) of this subsection each month and calculate the total fuel consumed in the equip

ment during the preceding 12 months;

(C) keep all receipts for fuel purchases and all records and calculations under (B) of this paragraph ava ilable for department inspection for at least five years; and

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

(d) The owner or operator of a gasoline distribution facility may limit the maximum daily throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in this subsection is applied, the department will consider the stationary source to be a bulk gaso line plant under the standards adopted by reference in 18 AAC 50.040(a)(2)(M) and (AA). The owner or operator shall

(1) submit to the department a letter or form containing

(A) the name and address of the stationary source to which the limit will

app ly;

(B) a list of each tank containing gasoline at the stationary source, including the working capacity of each tank;

(C) a list of the conditions required under (2) of this subsection; and

(D) a certification bearing the signature of the owner or operator stating

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

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

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

(2) agree to

(A) limit the quantity of gasoline transferred from tanks at the stationary source each day to less than 19,900 gallons;

(B) record the amount of gasoline transferred from tanks at the stationary source each day;

(C) keep all receipts for fuel sales and all records under (B) of this paragraph available for department inspectio n for at least five years; andRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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 for the preceding year.

(e) The owner or operator may terminate a limit under this section by not ifying the department, in writing, of the proposed date for termination of the limit. On and after the proposed date, the limit is no longer in effect unless the limit made it possible for the owner or operator to avoid any preconstruction review procedur es or to avoid the requirement for an operating permit. If the limit

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

(A) a new cons truction permit under this chapter as if the limit had never existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; or

(2) did not make it possible to avoid preconstruction review, but made it possible to avoid a Title V permit or minor permit to operate, the limit remains in effect until the owner or operator obtains (A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171 ; am 1/29/ 2005, Register 173 )

Authority: AS 44.46.025 AS 46.14.030 AS 46.1 4.170

AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.0 1 0 AS 46.14.130 AS 46.14.240

AS 46.14.020

18 AAC 50.235. Unavoidable emergencies and malfunctions . (a) If an unavoidable

e mergency, malfunction, or nonroutine repair causes emissions in excess of a technology

- based emission standard, the owner, operator, or permittee shall

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

(2) give written notice to the appropriate department office within two working days after the event commenced or was discovered; notice under this paragraph must include a description of the event, the cause of the event, steps taken to mitigate emissions, and co rrective

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

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

demonstrate that

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emission unit occurred, and the person can i dentify the cause;

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

(3) the person took the steps required under (a) of this section.

(c) In any enforcement action, the person seek ing to assert the affirmative defense under AS 46.14.560 and this section has the burden of proof.

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

(1) if it arises from a sudden and reasonably unforeseeable event beyon d the person's control, including an act of God, that requires immediate corrective action to restore normal operation; and

(2) to the extent it was not the result of improper design, lack of preven tive maintenance, careless or improper operation, or o perator 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 t he burden of proving that excess emissions were unavoidable. This demonstration is a condition to obtaining relief under (d), (e), and (f) of this section.

(b) Excess emissions determined to be unavoidable under this section will be excused

and are not subject to penalty. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the owner, operator, or permittee believes to be unavoidable must be reported to the department as soon as possible. Unless otherwise specified in the stationary source's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions

occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the prev entive measures to be

taken to minimize or eliminate the chance of recurrence.

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demo nstrates
thatRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

50 (1) the excess emissions could not have been prevented through careful planning and design; and

(2) if a bypass of control equipment occurred, the bypass was necessary to prevent loss of life, personal injury, or severe property damage.

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates that the excess emissions could not have been avoided through reasona ble design, better scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and de monstrates that

(1) the event was not caused by poor or inadequate design, operation, or maintenance or by any other reasonably preventable condition;

(2) the event was not of a recurring pattern indicative of inadequate design, operation, or maintenan ce; and

(3) when the operator knew or should have known that an emission standard or permit condition was being exceeded, the operator took immediate and appropriate corrective action in a manner consistent with good air pollution control practice for mi nimizing emissions during the event, taking into account the total emissions impact of the corrective action, including slowing or shutting down the source as necessary to minimize emissions.

(g) A demonstration under (d), (e), or (f) of this section m ust be supported by records made at the time the excess emissions occurred. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

AS 46.14.030

18 AAC 50.245. Air episodes and advisories. (a) T he department may declare an air episode and prescribe and publicize curtailment action if the concentration of an air pollutant in the ambient air has reached, or is likely in the immediate future to reach, any of the

concentrations established in Table 6 in this subsection.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 ju dgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advisory under (b) of this section, the department willRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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

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

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

AS 46.14.010 AS 46.14.030

18 AAC 50.250. Procedures and criteria for revising air qual ity classifications. (a) Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of the state can be revised. This section sets out the proce dures and criteria for revising an air quality classification.

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

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

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

lakeshore or seashore.

(c) The department will, on its own motion, or upon receipt of a petition under

AS 44.62.220, propose to change the air quality classification of a geographical area. The department will, in its discretion, combine or coordinate any public meetings or hearings conducted under (e) of this section with those conducted under AS 44.62.180

- 44.62.290. The department will make the report prepared under (d) of this section available to the public during the publi c comment period provided under AS 44.62.210.

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

includes (1) an accura te description of the boundaries of the geographic area for which the change in air quality classification is proposed;

(2) the classification in effect for the area and the proposed classification;

(3) a statement of the reasons why the change to the air quality classification is proposed and is in the public interest;

(4) a detailed evaluation of new emissions and ambient air quality impacts expected to occur in the area to be reclassified and in adjacent areas as a result of a modification

to a sta tionary source in that area or from construction and operation of a new stationary source

in that areaRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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

(B) that has be en proposed, would be subject to this chapter and

AS 46.14.120 or 46.14.130, and could not be permitted under those provisions without a change in the air quality classification for the area;

(5) an evaluation of the effects on air quality in other geogr aphic areas classified in 18 AAC 50.015(c) of any proposed new or modified stationary source in the area to be reclassified; and

(6) a detailed analysis of the health, environmental, economic, social, and energy effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that changes the air quality classification of an area of the state,

(1) for any change,

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

(B) the department must ha ve conferred with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation;

(C) the department must have notified each affected federal land manager of the proposed change and provid ed at least 30 days to comment on the report described in (d) of this section;

(D) the department must have published in a newspaper of general circulation in the state a summary of the comments and recommendations of any affected federal land manager re ceived under (B) of this paragraph and an explanation of the reasons for implementing a change that is inconsistent with the recommendations of the federal land manager; and

(E) the commissioner must have determined that

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

(ii) implementing the change will not cause or contribute to a violation of the ambient air quality standards or maximum allowable increase;

(2) for any change to the cl assification 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 CONSERVATION

54 (3) for a reclassification of an area to Class III, the change must meet the

ap plicable requirements of 42 U.S.C. 7474, adopted by reference as amended through

December 19, 1996.

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and adopted by reference. (Ef f. 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 under the regional

haze rule (a) For the purposes of th is section, the following are adopted by reference:

( 1 ) 40 C.F.R. 51.301 (Definitions), revised as of July 1, 2007 , except that

(A) “fugitive emissions” has the meaning given in AS 46.14.990;

(B) “major stationary source” has the meaning given in A S 46.14.990 and

18 AAC 50.990:

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

(D) “stationary source” has the meaning given in AS 46.14.990;

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under the regional haze rule), as revised as of July 1, 2007.

(b) Sources subject to BART shall be identified consistent with Section III of the BART guideline. No later than 5 days after December 30, 2007 , the Department shall notify the owner or operator of each sour ce subject to BART in writing and shall identify the affected Class I areas. A notice provided to the owner or operator prior to December 30, 2007 shall satisfy this obligation. Unless the department exempts a source in accordance with Section III of the BART guideline, each source subject to BART shall comply with (d) through (h) and ( l ) through (o) of

this section.

(c) An owner or operator notified under (b) of this section may request an exemption from BART. Exemptions from BART approved by the dep artment in writing prior to December 30, 2007 shall have the same effect as those approved under this subsection. An exemption from BART must be requested and processed as follows:

(1) the owner or operator shall:

(A) notify the department no later t han 10 days after the latter of December 30, 2007 or notification under (b) of this section that they intend to requestRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

55 exemption from BART through visibility impact analysis modeling; and

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

(2) no later than 30 days af ter receiving a submission under (1)(B) of this subsection, the department will:

(A) approve the modeling protocol; or

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

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

(A) conduct a visibility impact analysis in accordance with (h)(3) of this section; and

(B) submit the visibility impact analysis report, including all supporting documentation, to the department no later t han 60 days after the department approves a modeling protocol for the visibility impact analysis; if a modeling protocol is submitted and approved prior to December 30, 2007 , the visibility impact analysis report required

under this section shall be submit ted no later than 90 days after December 30, 2007 ;

(4) the department will approve an exemption if the owner or operator meets the requirements of (1) and (3) of this sub section and the information submitted adequately

demonstrates that the BART

- eligible source is not reasonably anticipated to cause or contribute to any impairment of visibility in a Class 1 Area identified in the notice provided under (b) of this section;

(5) if the department does not approve an exemption based on the visibility impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or operator

shall: (A) submit a BART control analysis under (d) and (e) of this section; or

(B) submit an application under 18 AAC 50.225 for owner

- requested

limits (ORL); that app lication must be submitted no later than 30 days after the date of the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the owner or operator shall comply with the terms and conditions of the approval; if the owner requested limi t is subseq u ently rescinded, the owner or operator shall conduct a BART control analysis in accordance with (d)

– (o) of this section;

(6) the department will notify the owner or operator, the Environmental Protection Agency, and each affected federal la nd manager, in writing, of a department approval or disapproval under this subsection; if the decision is to approve an exemption,Register 190, July 2009 ENVIRONMENTAL CONSERVATION

56 either through visibility impact analysis or an owner

- requested limit, the department will explain what requirements of this section no longer apply to the BART

- eligible source.

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) of this section or if the department denies the exemption request under (c) of this section, the
owner or operato r shall submit a BART assessment modeling 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 not ice under (b) of this section, or the date of the department’s notice disapproving the exemption request under (c) of this section

. No more than 30 days after submission of a modeling protocol under this subsection, the department will

(1) approve the modeling protocol ; or

(2) disapprove the modeling protocol and notify the owner or operator of the reasons for the disapproval

.

(e) For purposes of analyzing the visibility impact from potential control technologies, the owner or operator of each so urce subject to BART shall submit to the department an analysis of control options consistent with Section IV of the BART guideline s ;

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

(2) no more than 180 days after the date of the department’s notice disapproving

an exemption request submitted under (c) of this section.

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

x , and PM 10

.

(g) If an owner or operator elects to apply, or has already applied, the most stringent controls available consistent with the analysis conducted under (e) of this section, th ey are not required to conduct a visibility impact analysis for the emission units and pollutants to which the controls are to be or have been applied.

(h) A visibility impact analysis must:

(1) use an identical modeling approach for comparing the pr e

- control and post

control impacts of potential BART controls ;

(2) determine the maximum change in visibility impacts in daily deciviews

, between the current or pre

- control technology and each potential BART control option consistent with the approved m odeling protocol compared to the annual average default natural visibility

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule , EPA

- 454/B

- 03

- 005, dated September 2003 and adopted by reference, at each Class I area identified in the notice under (b) of this section.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

(A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I Areas i n the Western United

States

, dated August 15, 2006 and adopted by reference, as amended by the Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by reference; or

(B) a modified protocol that was first submitted as a draft and made

available for at least a 15

- day review by EPA and each affected f ederal l and m anager, and subsequently approved in writing by the department.

(i) The department will request from the owner or operator any additional information

necessary to complete review of the analysis of control options for a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or operator. The owner or operator shall provide such inform ation no later than the deadline established by the department.

(j) The department will review each analysis of control options and issue a preliminary BART determination for each emission unit at each source subject to BART. In the preliminary

BART de termination , the department will include:

(1) the pollutant

- specific emission limits for each emission unit at each source subject to BART, and

(2) the monitoring, record

- keeping, and reporting needed to demonstrate compliance with the emission limit s, consistent with 40 C.F.R. 71.6(a)(3)

, adopted by reference

in 18 AAC 50.040 (j) ;

(k) No more than 120 days after receipt of BART analysis under (e) of this section

, the department will publish a notice of its preliminary BART determination and provide at least 30 days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 18 AAC 50.040(j) except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sen t 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 t he deadline for receipt of public comments, and a fter consideration of comments and testimony received, the department will make a final BART determination and provide written notice to each owner or operator

, EPA

, each affected federal land manager , and a ny person who commented on the preliminary BART determination. In t he

final BART determination , the department will includeRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

58 (1) the pollutant

- specific emission limits for each emission unit at each source subject to BART; and

(2) the monitoring, re cord

- keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3)

, adopted by reference

in 18 AAC 50.040 (j)

.

(m) An informal review of the final BART determination may be requested as prescribed

i n 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested as prescribed in 18 AAC 15.195

– 18 AAC 15.340.

(n) As expeditiously as practicable, but in no case more than five years after the date of EPA approval of the regi onal haze state implementation plan required under 42.U.S.C. 7410 and 7491, the owner or operator of a source that is subject to a final BART determination under this section shall comply with the requirements established in that determination

.

(o) The owner or operator of a source required to install control equipment to comply

with the BART determination shall:

(1) maintain the control equipment and establish procedures to ensure that the equipment is properly operated and maintained; and

(2) con duct monitoring, recordkeeping, and reporting in accordance with the

methods set out in the final BART determination

.

(p) Department services under this section are designated regulatory services for preapplication assistance and will be billed to the o perating 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 Available Retrofit Technology” in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(2) “ BART

- eligible source” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(3) “BART guidelines” means 40 C.F.R. Part 51, Appendix Y (Guidelines for BART determinations under the regional haze rule), adopted by refe rence in (a) of this

section.

(4) “cause or contribute to impairment of visibility” means to release emissions that produce a 0.5 or greater change in the daily deciview when compared against natural conditions; for the purposes of this paragraph, “natu ral conditions” includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

59 (5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(6) “existing stationary facility” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

(7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

( 8) “maximum change” means the greatest relative change in visibility between

pre

- BART controls and post

- BART controls for purposes of this section;

(9) “sources subject to BART” means a source indentified by the department in

accordance with Section II I of the BART guidelines;

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

184 )

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

AS 46.14.020 AS 46.14.030

Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class

I areas in the Western United States

, and the Summary of WRAP RMC BART Modeling for Alaska, Draft #7 , adopted by reference in 18 AAC 50.260(h), may be reviewed at the department's Anchorage, Fairbanks, or Juneau office. To obtain a copy of these or any other documents adopted by reference in this section, contact the Department of Environmental Conservation, Air Quality Division at (907) 465

- 5100.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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)

3 11. Nonattai nment area major stationary source permits 315. (Repealed) 316. Preconstruction review for construction or reconstruction of a major source of hazardous air pollutant s 320. (Repealed)

321. Case

- by

- case maximum achievable control technology determinations 322. (Repealed) 325. (Repealed) 326. Title V operating permits 330. (Repealed) 335. (Repealed) 340. (Repealed) 341. (Repealed) 345. Construction and operati ng permits: standard permit conditions 346. Construction and operating permits: other permit conditions 350. (Repealed) 355. (Repealed) 360. (Repealed) 365. (Repealed) 370. (Repealed) 375. (Repealed) 380. (Repealed) 385. (Repealed) 390. (Repeale d)

18 AAC 50.300. Construction permits: classifications. Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 2/2/2002, Register 161; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.301. Permit continuity. (a) A n air quality permit that is effective under this chapter as of October 1, 2004 remains in effect until it

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.280; orRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

61 (3) is replaced by a permit issued under th is chapter.

(b) For a permit under this chapter, if the applicant has submitted a complete application before October 1, 2004, but the department has not yet issued the permit by that date, the

(1) applicant may request in writing that the department process the application under the regulations in effect before or after October 1, 2004; and

(2) department will process the application in accordance with the applicant’s request. (Eff.10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230

AS 46.14.010 AS 46.14.130 AS 46.14.280

AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a construction permit before beginning actual construction of a new major stationary source, a

ma jor 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 typ es of construction permits, as applicable:

(1) a prevention of significant deterioration (PSD) permits under 18 AAC 50.306;

(2) a nonattainment area major stationary source permit under 18 AAC 50.311;

(3) a construction permit under 18 AAC 50.316 for a major source of hazardous air pollutants.

(b) If a stationary source or modification may require 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 p ermit 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 1993

AS 46.14.020

18 AAC 50.305. Construction per mit provisions requested by the owner or
operator. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.306. Prevention of significant deterioration (PSD) permits. (a) An owner or operator must obtain a prevention of sig nificant deterioration (PSD) permit under this section before beginning actual construction of a new major stationary source, a major

modificatio n, or a PAL major modification.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

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

(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 refere nce in 18 AAC 50.040.

(c) The department will issue each permit under this section following the procedures and other requirements of AS 46.14, and of 40 C.F.R. 51 .166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18 AAC 50.040, with the following additions and exemptions:

(1) the date of receipt of the application is the date that the department has received all required information under AS 46.14.160 and this section;

(2) the department will provide at least 30 days for the public to comment, and upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d)

- (h);

(3) if requested by the owner or operator of a stationary source or modification that requires both a PSD permit and a Title V permit or permit modification, the department will integrate review of the operating permit application or amendment required by 18 AAC 50.326 and the PSD permit application required by this section; a PSD per mit application designated for integrated review will be processed in accordance with procedures and deadlines described in

18 AAC 50.326.

(d) In each PSD permit issued under this section, the department will include terms and

conditions (1) as necessa ry to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this section, including terms and conditions consistent with AS 46.14.180 that require the permittee to

(A) install, use, and ma intain monitoring equipment;

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

63 (C) provide source test reports, monitoring d ata, emissions data, and information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235

– 18 AAC 50.240; and

(2) for payment of fees consis tent 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, Registe r 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; repe aled 10/1/2004, Register 171)

18 AAC 50.311. Nonattainment area major stationary source permits. (a) In accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, before commencing construction of a major stationary s ource, major modification, or PAL major modification for a nonattainment pollutant in a nonattainment area, an owner or operator must obtain a construction permit from the department.

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

(1) for the nonattainment air pollutant, a

(A) demonstration, including substantiating information, that emissions of the pollutant will be controlled to a rate that represents the lowest achievable emission rate (LAER);

(B) demonstration that reductions in actual emissions from other stationary sources within the nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) description of the propose d reductions in actual emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description must

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

64 (ii) a certification that proposed reductions in actual emissions will occur before the onset of emission increases from the stationary source or modification;

(2) a demonstration that other stationary sources owned or operated b y the applicant within the state are in compliance with

(A) AS 46.14, this chapter, the Clean Air Act, and applicable federal regulations; or

(B) an order issued under AS 46.03 that controls air emissions from those stationary sources; and

(3) a demo nstration that the benefits of construction, operation, or modification of the stationary source will significantly outweigh the environmental and social costs incurred, considering factors such as alternative sites, sizes, production processes, and enviro nmental control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by reference, the department will provide notice and opportunity for a 30

- day public comment period on the department’s proposed permit or pr oposed denial. The department will issue a permit only if the department finds that the applicant has shown that the stationary source or modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by

reference in 18 AAC 5 0.040.

(d) In each construction permit issued under this section, the department will include

terms and conditions

(1) as necessary to ensure that the proposed stationary source or modification will meet the requirements of this section, including ter ms and conditions consistent with

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

(B) sampling emissions according to the methods prescribed by the department, at locations and intervals specified by the department, an d 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 emissio ns, and reports consistent with 18 AAC 50.235

– 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400

– 18 AAC 50.420. (Eff. 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

65 Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170

AS 46.03.850 AS 46.14.130 A S 46.14.180

AS 46.14.010 AS 46.14.140

18 AAC 50.315. Construction permits: review and issuance . Repealed. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.316. Preconstru ction review for construction or reconstruction of a major source of hazardous air pollutants. (a) Applicability. The owner or operator of a major source of hazardous air pollutants subject to a standard under 40 C.F.R. part 63, adopted by reference in 18 AAC 50.040, must obtain a construction permit before

(1) constructing a new major source of hazardous air pollutants subject to that standard; (2) reconstructing a major source of hazardous air pollutants subject to that standard; or (3) reconstruc ting a major source of hazardous air pollutants in a way that causes the source to become an affected source that is major

- emitting under 40 C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63.5 (d)

- (e), adopted by reference in 18 AAC 50.040, means “department” for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and submitted in ac cordance with 40 C.F.R. 63.5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application,

(1) the department will prepare a report that contains a preliminary decision to approve or deny the permit application; the department will make a decision to issue the permit only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040, are met;

(2) if the department makes the preliminary decision to deny the permit application, the owne r, operator, or permittee may submit additional information for the department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates by which the applicant must su bmit any additional information under this paragraph;

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

(i) make a preliminary decision to approve or approve with conditions; orRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

66 (ii) take a final permit action and den y the permit application for

cause;

(3) if the department makes a preliminary decision to approve the permit application, the department will

(A) prepare a draft permit;

(B) provide at least 30 days for the public to comment, and upon its own

motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d)

- (h); and

(C) make available for public review the materials submitted by the applicant and a copy of the proposed permit in at least one location within the area known or expected to be affected by the stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will issue the permit consistent with AS 46.14.170.

(d) Perm it Content. In a permit under this section, the department will include terms

and conditions that

(1) reference specific applicable requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporti ng 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 duration. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.321. Case

- by

- case maximum achievable co ntrol technology

determinations. (a) Purpose. This section implements EPA requirements for case

- by

- caseRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

67 maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40

- 63.44, adopt ed by reference in

18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutan ts has been specifically regulated or exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempte d under (c) of this section.

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

(1) an electric utility steam generating unit unless, and until such time as that unit is added to the source category list under 42 U.S.C . 7412(c)(5) (Clean Air Act, sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activ ities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous air pollutants unless the department has made a

final and effective case

- by

- case d etermination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation

f

or 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 18 AAC 50 .040. To the extent practicable, the department will coordinate processing of the notice of MACT approval with the processing of any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) the definitions of 40 C.F.R. 63.41 are adopted by reference, except that “permitting authority” means the department;

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act a nd 40 C.F.R. 63, Subpart A, except that “construction,” “emission standard,” “fugitive emissions,” “hazardous air pollutant,” “operator,” “owner,” “potential to emit,” and “stationary source” have the meanings given in AS 46.14.990. (Eff. 10/1/2004, Regis ter 171; am 12/1/2004, Register 172)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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) Ob ligation for a permit. E xcept as provided in (b)

– (k) of this section, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are adopted by reference, except that

(1) “permitting authority” and “delegate agency” mean the department;

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

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

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

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

(6) “emissions unit” has the meaning given in AS 46.14.990;

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

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

(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 application, 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 pla nning a modification that requires a Title I permit as well as an operating permit modification may request eitherRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

69 (1) integrated review of the Title I and Title V permits, in which the department will consolidate all required public notices, hearings, and comment periods; the applicant may provide either one application for both requested permits, or two separate applications; or

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040 ; to qualify for this option, the application must satisfy the requirements for both the Title I and Title V applications; for applications that qualify, the department will issue or deny the Title I permit following the required procedures for the

Title I permit, and all of the procedures of this section; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications

– insignificant emission units. The provisions in 40 C.F.R.

71. 5(c)(11) for insignificant emission units and activities do not apply and are replaced by (d)

- (i) of this section. Emission units and activities described in (e)

- (i) of this section are insignificant and need not be included in an operating permit app lication 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 emiss ion unit

- specific requirement established under

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapter; or

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

(C) a stationary source

- specific or emission unit

- specific emission

lim itation;

(2) the application must list each requirement of 18 AAC 50.040(e),

18 AAC 50.050

- 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to insignificant emission units at the stationary source;

(3) the application must list each em ission unit at the stationary source that is identified as insignificant under (e) or (g) of this section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropr iately listed as insignificant;

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

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

70 emission units;

(6) the application must propose conditions for monitoring, record keeping, and

repor ting if the conditions are necessary to assure compliance with requirements identified in (2)

of this subsection.

(e) Applications

– insignificant emission units: emission rate basis. Except as provided in (d) of this section, an emission unit is insig nificant based on emission rate if its actual emissions of each air pollutant are less than the rates listed in (1)

- (15) of this subsection. If requested by the department, an applicant or permittee shall demonstrate that an emission unit

listed as insi gnificant under this subsection has actual emissions less than the following rates:

(1) five TPY of carbon monoxide;

(2) two TPY of nitrogen oxides;

(3) two TPY of sulfur oxides;

(4) two TPY of volatile organic compounds;

(5) 0.75 TPY of PM

- 10;

(6) 0.005 TPY of lead;

(7) 0.15 TPY of fluorides;

(8) 0.35 TPY of sulfuric acid mist;

(9) 0.5 TPY of hydrogen sulfide;

(10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide;

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total

tetra

- through octa

- chlorinated dibenzo

- p

- dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate

matter; (13) two TPY of municipal waste combustor acid gases, measured as Sul fur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances in aggregate, the sum of Class I and Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference in 18 AAC 50.040;

(15) 0.5 TPY for any regulated air pollutant not listed in (1)

- (14) of this

subsection.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

71 (f) Applications

– insignificant emission units: category basis. Except as provided in (d) of this section, the following categories of emission units are insignificant:

(1) mobil e transport tanks on vehicles, except for those containing asphalt or volatile liquids;

(2) lubricating oil storage tanks;

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that minimizes or prevents unintended emissions; this category does not include equipment used to mix or package powdered detergent, spray dryers, or any equipment that must have an emission

control device to comply with the requirements of 18 AAC 50.045(d) or 18 AAC 50.055;

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

(5) vents from continuous emissions monitors and other analyzers;

(6) sampling connections used ex clusively to withdraw materials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibrati on and maintenance equipment;

(10) individual laboratory hoods;

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

(12) comfort air condi tioning;

(13) maintenance and upkeep activities such as routine housekeeping, grounds keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing,

re

- tarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements, and paving or striping parking lots if these activities are not conducted as part of a manufacturing process, are not related to the primary business activity of the stationary source, and do no t otherwise require a permit revision; this category does not include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal combustion engines used to provide electric power or heat;

(14) portable solid waste co ntainers such as dumpsters for municipal solid waste or office wastes;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

72 (15) structural changes that do not give rise to air pollutant emissions; this category does not include emissions from construction activities;

(16) portable welding, brazing, cu tting, and soldering operations used in incidental maintenance;

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

(18) food preparation for human consumption including cafeterias, kitchen facilities, and b arbecues located at a source for providing food service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations; (21) washers, dryers, extractors, and tumblers for fab rics using water solutions of bleach or detergents;

(22) janitorial services and consumer use of janitorial products;

(23) office activities;

(24) materials and equipment used by, and activity related to, operation of an infirmary if the infirmary is not the stationary source’s business activity; this category does not include medical waste incineration at military bases;

(25) personal care activities;

(26) bathroom and toilet vents;

(27) septic sewer systems, not including active wastewat er treatment facilities;

(28) cleaning and sweeping of streets and paved surfaces;

(29) fuel and exhaust emissions from vehicles in parking lots;

(30) flares used to indicate danger to the public;

(31) firefighting and similar safety equipment and equipment used to train firefighters not subject to 18 AAC 50.065;

(32) non

- commercial smokehouses;

(33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes;

(46) hand

- held equipment for buffing, polishing, cutti ng, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

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

(48) equipment used exclusi vely to slaughter animals; this category does not include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (deaeration) of water;

(51) pulse capacitors;

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

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

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

74 (55) photographic process equipment by which an image is reproduced upon material sensitized to radiant energy such as blueprint activity, photocopying, mim eograph, telefacsimile, photographic developing, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this category does not apply to

manufact uring or rebuilding facilities;

(59) salt baths using nonvolatile salts that do not result in emissions of any regulated air contaminants;

(60) shock chambers;

(61) mechanical wire strippers;

(62) humidity chambers;

(63) solar simulators;

(64) environmental chambers that do not use hazardous air pollutant gasses;

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

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

(67) digester chip feeders;

(68) process water and white water storage tanks;

(69) demineralizer tanks;

(70) hydrogen peroxide tanks;

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and cooling systems;

(72) winders;

(73) chip ping;

(74) debarking; (75) pulp mill sludge dewatering and handling;

(76) screw press vents;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

75 (77) pond dredging;

(78) polymer tanks and storage devices and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam

- heated drying ovens or autoclaves, excluding the articles or substances being processed in the ovens or autoclaves and the boiler s delivering the steam;

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

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those

tan ks and equipment do not emit volatile organic compounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vents; this category does not include venting at oil and gas production facilities;

(84) lubricating pumps, sumps, and sys tems;

(85) well service equipment;

(86) aircraft ground support equipment (AGE), lights, and heating, ventilation, and air conditioning (HVAC) support; this category does not include portable power generators;

(87) engine crankcase vents and equip ment lubricating sumps;

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

(89) skimmer pits, oil

- water separators, and maintenance of filter separators;

(90) removal of sludge or sediment from pits, ponds, sumps, or waste water conveyance facilities;

(91) site assessment work, including the evaluation of waste disposal or remediation sites;

(92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;

(94) vent emission fro m gas streams used as buffer or seal gas in rotating pump and compressor seals;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

76 (95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment; (97) pipeline maintenance pigging ac tivities;

(98) truck, car, or aircraft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean

- out of tanks and equipment for the purpose of worker entry or in preparation for maintenance or decommissi ons;

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

(101) portable electrical generators that can be moved by hand from one location to another; (102) natural gas and liquefied petroleum gas (LPG) vehicle fleet fueling facilities; (103) military field exercises, except emissions from permanent stationary

sources; (104) fire suppression;

(105) storage of water

- treating chemicals to be used in a drinking water system or

a boiler water feedwater system.

(g) Applications

– insignificant emission units: size or production rate basis. Except as provided in (d) of this section, the following emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage tanks and storage vessels with

less than a 260

- gallon capacity (35 cubic feet), with lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage tan ks with not greater than 1,100

- gallon capacity, with lids or other closure not for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liqui d storage with 10,000

- gallon capacity or less, with lids or other closure and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of butane, propane, or l iquefied petroleum gas (LPG) storage tanks with vessel capacity under 40,000 gallons; (5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per hour exclusively using natural gas, butane, propane, or liquefied petroleum gas (LPG); emission units under this paragraph do not include internal combustion engines;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

77 (6) a combustion emission unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or les s than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under this paragraph do not include internal combustion engines;

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per hour using kero sene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not include internal combustion engines;

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per hour if burning used oil; emission units under this p aragraph do not include internal combustion engines; (9) a combustion emission unit with a rated capacity less than 450,000 Btu per hour if burning wood waste or waste paper; emission units under this paragraph do not include internal combustion engines;

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

(11) foundry sand molds, unheated and using binders with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallons of coating per yea r;

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

(14) comfort coo ling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not

use chromium

- based corrosion inhibitors;

(15) combustion turbines rated at less than 160 horsepo wer;

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

(17) cleaning equipment

(A) with less than 10 square feet of air

- vapor interface; an d

(B) using solvent

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

(ii) with a vapor pressure not more than 30 millimeters (mm) of mercury (Hg) at 20 degrees Celsius;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

78 (18) surface coating using less than two gallons per day of formulat ions not containing hazardous air pollutants;

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

(20) cleaning and stripping activitie s and equipment using solutions having less than one percent volatile organic compounds (VOCs) by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other closures used exclusively to pump, load, unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspension containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water

- based lubricants for metal working if the organic content of the lubricant is less than 10 percent;

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

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

(h) Applications

– insignificant emission units: case

- by

- case basis. T his subsection lists emission units or activities that may be insignificant on the basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard

under 18 AAC 50.050

– 18 AAC 50.090 mu st 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 (Fede ral Water Pollution Control Act, National Pollutant Discharge Elimination System), and that are used solely for settling suspended solids and skimming oil and grease; and

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee.

(i ) Applications

– insignificant emission units: administratively insignificant

sources. The following emission units might have significant emissions, but are considered administratively insignificant emission units for the purpose of operating permit ap plications: (1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationaryRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

79 sources; and (3) agricultural activities on the property of a stationary source that are not subject to review by the department under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502 and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions issued under this section will be developed in accordance with 40 C .F.R. Part 71, adopted by reference in 18 AAC 50.040, except

as follows: (1) with respect to any fee requirement or reference, the applicable provisions of

18 AAC 50.400

– 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will i nclude the expiration date in the permit; the permit duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this section will also be subject to the standard operati ng permit conditions and other permit conditions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviations is subject to the department’s Standard Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R

. 71.6(a)(3)(iii)(B)( 1 )

– (B)( 4 ); the provisions of 40 C.F.R. 71.6(a)(5)

– (7) are replaced by the standard permit conditions of 18 AAC 50.345;

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title V permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chapter;

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not federally enforceable unless required by the Clean A ir Act; that term or condition is not subject to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions o f 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordance with this section, and with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the depar tment will establish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this section will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests that the department send the notice by postal mail, the department will send the notice to the person by postal mail;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

80 (2) the department will only issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after the 45

- day review period in AS 46.14.220 and the department has not issued the final permit, the department will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising the objection during the public comment period was impracticable or that grounds for the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegated does not apply, including the phrase “in the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the phr ase “When a part 71 program has been delegated in accordance with the provisions of this section,” in 40 C.F.R. 71.10;

(5) a permit under this section becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final decision to approve or deny an application for a Title V permit, the department will notify the applicant and any person who commented on the application; a person described in AS 46.14.200 may request an adjudicatory hearing as prescribed in 18 A AC 15.195

– 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an application, the department will include the reasons for denial; (7) the department will keep for five years any record and submit to the federal administrator any information that the federal administrator may reasonably require to ascertain whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661

– 7661f (Title V, Clean Air Act).

( l ) Significant pe rmit modifications. If an existing Title V permit prohibits construction or a change in operation for which a permit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain,

in accorda nce with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant permit modification to the Title V permit before commencing operation that incorporates the construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190Register 190, July 2009 ENVIRONMENTAL CONSERVATION

81 AS 46.14.010 AS 46.14.150 AS 46.14.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

18 AAC 50.330. Operating permits: exemptions . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335. Operating permits: application . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341. Operating permits: reopenings. Repe aled. (Eff. 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction , minor and operating permits: standard permit

conditions. (a) Subsections (b)

– (o) of this section set out standard permit conditions that the departmen t 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 v isible emissions observations by smoke readers, except in connection with required particulate matter testing.

(b) Compliance with permit terms and conditions is considered to be in compliance with those requirements that are

(1) included and specifica lly identified in the permit; or

(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance with a permit term or condition constitutes a violation of AS 46.14, this cha pter, 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

wit h AS 46.14.280; or

(3) denial of an operating permit renewal application.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

82 (d) It is not a defense in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a permit term or
condition.

(e) Each permit term and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated fo r cause. A request by the permittee for modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(g) The permit does not convey any property rights of a ny 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 pr emises where a source subject to the permit is located or where records required by the permit are kept;

(2) have access to and copy any records required by the permit;

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

(4) sample or monitor substances or 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 th e department requests in writing to determine whether cause exists to modify, revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon request, the permittee shall furnish to the department copies of records required to be kept by the permit. The department may require the permittee to furnish copies of those records directly to

the federal administrator.

( j) The permittee shall certify any permit application, report, affirmation, or compliance

certification submitted to the department and required under the permit by including the signature of a responsible official for the permitted stationary source following the statement: “Based on information and belief formed after reasonable inquiry, I certify that the stateme nts and information in and attached to this document are true, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other docume nts must be certified upon submittal.

(k) In addition to any source testing explicitly required by the permit, the permittee shall conduct source testing as requested by the department to determine compliance with applicable permit requirements.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

83 ( l ) T he permittee may request an extension to a source test deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department’s appropriate division directo r or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how the source will ope rate during the test and how the permittee will document that operation. The permittee shall submit a complete plan within 60 days after receiving a request under (k) of this section and at least 30 days before the scheduled date of any test unless the de partment agrees in writing to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source test, the permittee shall give the department written notice of the date and the time the source t est 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 resu lts in the manner set out in (j) of this section. If requested in writing by the department, the permittee must provide preliminary results in a shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171 ; am 11/9/2008 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit

- specific or stationary source

- specific conditions more adequately meet the requirem ents of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. The department’s Standard Permit Condition II

– Air Pollution Prohibited, as revised as of August 25, 2004, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit

- specific or stationary source

specific conditions more adequately meet the requirements of this chapter o r that no comparable condition is appropriate for the Title V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I

– Emission Fees, as revised as of Augus t 25, 2004;

(2) Standard Permit Condition III

– Excess Emissions and Permit Deviation Rep orts, as revised as of August 20, 2008 ;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

84 (3) Standard Permit Condition IV

– Notification Form, as revised as of August 20, 2008 ;

(4) Standard Operating Permit Condition V

– Insignificant 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

– Operating Rep ort s, as revised as of August 20, 2008

.

(7) Standard Operating Permit Conditions XIV

– Document Submittals and Electronic Copies, as revised as of August 20, 2008.

(c) Unless the department determines that emission unit

- specific or stationary source

spe cific conditions more adequately meet the requirements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

85 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Standard Permit Condition

- Gas

- fired fuel burning equipment, except

flares Standard Operating Per mit 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 Operatin g Permit Condition IX

– Visible Emissions and Particulate Matter

Monitori ng 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 handl e 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

– Re asonable Precautions to Prevent Fugitive Dust, August 25, 2004Register 190, July 2009 ENVIRONMENTAL CONSERVATION

86 – Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI

– SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

– Fuel burning equipment burning liqui d fuel Standard Operating Permit Condition XII

– SO 2 Material Balance Calculation, August 25, 2004

– Coal fired boilers Standard Operating Permit Condition XIII

– Coal Fired Boilers, August 20, 2008

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 16 2; 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, R egister 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 A AC 50.360. Facility changes that violate a permit condi tion. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; rep ealed 10/1/2004, Register 171)

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, Register 141; am 6/14/9 8, Register 146; am 6/21/98, Register 146; repealed 10/1/2004, Register 171) 18 AAC 50.380. General operating permits . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.385. Permit

- by

- rule for certain small storage tanks . Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

87 18 AAC 50.390. Permit

- by

- rule for drilling rigs and associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repe aled 10/1/2004, Register 171)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 proc edures 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 sou rce described under 18 AAC 50.32 6 shall pay to the department the annual per mit administration fees listed in this subsection. Permittees will be invoiced in July for each period from July 1 through the following June 30. Each annual permit fee is one

- fifth of the total original permit cost or total cost of permit renewal. An a nnual 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 this subsection for renewal of a permit is collected in subsequent years after the fee for an original permit is paid in full. If a Title V source has been issued a Title V permit before January 29, 2005, the permittee, owner, or operator shall pay the applicable annual fee for permit renewal. The following permit admi nistration fees apply to Title

V sources: (1) for renewal of a permit for an oil

- and

- gas source with the potential to emit more than 250 tons per year of any one pollutant, the

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

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

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

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

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

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

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

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

89 (4) for an original permit for a Title V source, with the p otential to emit more than 100 and less than 250 tons per year of any one pollutant, and t hat 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 rene wal 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 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 $1,326; and

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

( 8) for a Title V source that is operating under the department’s general operating permit for diesel engines, the annual compliance review fee is $160;

(9) for renewal of a permit for a Title V source, other than one described in (1)

– (8) of this subse ction, 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 Title V source is subject to an annual permit fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance r eview fees and annual permit fees for original permits

are not refundable.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

90 (c) Before the department takes action on any permit application received, and unless the minor permit is to be issued using the fast

- track procedures in 18 AAC 50.54 2( b )

– (c), the permittee, owner, or operator of a stationary source described in 18 AAC 50.502(b) who requests a minor permit must pay a nonrefundable one

- time permit fee listed in this subsection. The following one

- time permit fees apply to stationary sources liste d in 18 AAC 50.502(b):

(1) for an asphalt plant described in 18 AAAC 50.502(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 permit fee of $7,950;

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

(d) Before the department takes action on any permit application received, and if the minor permit is to be issued using the fast

- track procedures in 18 AAC 50.542(b)

– (c), the permittee, owner, or operator of a stationary source described in 18 AAC 50.32 6 o r 18 AAC 50.502 not subject to (c) of this section who requests a minor permit must pay a

nonrefundable one

- time permit fee of $3,975. However, if fast

- track procedures are not available under 18 AAC 50.542(b)(1), the permittee, owner, or operator must p ay, for a stationary source

other than one de scribed in 18 AAC 50.502(b), an additional nonrefundable permit fee of $2,650.

(e) Before the department takes action on an application received for a permit under

18 AAC 50.508 (3), the permittee, owner, or o perator 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 permit fee of $3,975;

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

(3) repealed 7/25/2008

.

(f) Repealed 7/25/2008

.

(g) I f the department prepares a ge neral operating permit or a general minor permit, the department will determine the cost of that permit by multiplying the number of hours the department spent to develop the permit by the hourly rate of salary and benefits of the department employees who developed the permit. This cost will be divided by the number of permittees who receive or are expected to receive the permit to determine the permit administration fee.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

91 (h) The permittee, owner, or operator of a stationary 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 fees 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 50.502(b), that is operating under an operating or general operating permit iss ued before October 1, 2004.

(i) Before the department takes action on any request or application received, the permittee, owner, or operator of a stationary source who requests a minor permit, review, action, or activity described in this subsection must pay a nonrefundable one

- time permit fee as follows:

(1) to change a Title I permit by administrative amendment under AS 46.14.285, a permit fee of $110;

(2) to change a Title V permit by administrative amendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e), a permit fee of $110, except as provided in (3) of this subsection;

(3) to change a Title V permit by administrative amendment to incorporate, in

accordance with 40 C.F.R. 71 .7(d)(1)(v), adopted by reference in 18 AAC 50.040, the requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $795;

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

(j) After the department completes a review, action, or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source described in

18 AAC 50.326 or 18 AAC 50.502, the permittee, owner, or operator will be invoiced for and shall pay a nonrefundab le one

- time fee as follows:

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

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

(3) for department review and processi ng of an excess emission report or permit deviation report submitted in accordance with a stationary 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 outcome of the fee review is a reduction of

50 percent or more in the amount of the disputed fee.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

92 (k) The permittee, owner, or operator of a stationary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(1) for an ORL,

(A) a one

- time administrative fee of $1,990, to be paid before the department takes action on any request received; and

(B) an annual compliance review fee of $110, unless 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 engines under 18 AAC 50.230(c),

(A) a one

- time administrative fee of $110, to be paid before the limit
takes effect; and

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

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

(A) a one

- time administrative fee of $110, to be paid before the limit
takes effect; and

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

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

(m) Unless the designated regulatory service is subject to a fixed fee set out in (a)

- ( l ) of this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and

18 AAC 50.405, the permittee, owner, or operator shall pay an hourly perm it administration fee for a designated regulatory service. The department 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 service, and by adding to the resulting amount any other direct costs. Designated regulatory services 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 CONSERVATION

93 (3) an adjudicatory hearing under 18 AAC 15.195

- 18 AAC 15.340, if reque sted

under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the department will hold in abeyance a f ee charged under this paragraph during the course of the adjudicatory hearing;

(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 services under 18 A AC 50.260 ;

(10) department approval of open burning under 18 AAC 50.065, if the department determines that smoke incursion into a public place, into an airport, into a Class I area, into a nonattainment area for carbon monoxide or PM

- 10, or into a mainte nance area for

carbon monoxide or PM

- 10 is likely;

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

(12) completion of a permitting action that was requested before January 29,

2005 , except as provided in 18 AAC 50.405;

(13) the reopening of perm it terms or conditions at 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 02.25.100;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal

- fired boiler;

(ii) the purpose of which is to generate electricity, and thatRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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 aggregate, and that contains emission units used to provide power to a mine or military base; and

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

(3) "oil

- and

- gas source" means a Title V source not described in (2)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natural gas, or other petroleum products, or rela ted activities; "oil

- and

- gas source" does not include a petroleum refinery or liquefied natural gas (LNG) plant; (4) "public place" has the meaning given in AS 46.06.150;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3 ) of this

subsection

(i) the purpose of which is to generate electricity, and that

contains one or more diesel

- fired internal combustion engines to generate power

(ii) the purpose of which is seafood processing; or

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

(B) does not include a Title V source that operates under the department's general p ermit 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 44.4 6.025 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 permittee, owner, or operator of a stationary source may request a negotiated service agreement underRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

95 AS 37.10.052(b) for that designa ted regulatory service. If requesting a negotiated service agreement for one or more of the following designated regulatory services, the permittee, owner, or operator must submit a retainer payment of $5,300 per designated regulatory service before the

d epartment begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2) (B) ;

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3) a major modification of a major stationary source;

(4) a construction permit under 18 AAC 50 .302 for a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5) a permit for the construction of a new stationary source or addition of an

emission unit at a stati onary source, if the stationary source is

(A) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;

(6) a major modification of a major stationary source , for which a limit is requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);

(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 no tice 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 p ermit fees. For a permit issued under this chapter, if the applicant has submitted an application before January 29, 2005 and the department has not yet worked on that permit application, at the request of the applicant, the department will process the pe rmit under the provisions of 18 AAC 50.400

- 18 AAC 50.499 in effect on January 29, 2005 . Any retainer submitted before January 29, 2005 will be applied to any fees effectiveRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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, owner, or operator shall pay to the department an

annual emi ssion 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 e missions are 10 tons per year or greater , except as limited under AS 46.14.250(e).

(b) Except as provided in (c)

, (f), and (g) of this section, emission fees will be assessed

as follows:

(1) for July 1, 2006 through June 30, 2007, the emissions fee rate is $12.52 per

ton, and an additional assessment for January 1, 2007 through June 30, 2007

, as follows :

(A) for stationary sources required to obtain an operating 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 account under AS 46.14.265;

(B) for stationary sources not s ubject to (A) of this paragraph but otherwise required to o btain a permit under AS 46.14.130, the e mission fee rate of $5.02

per ton , which will be allocated to the emissions control 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 stationary sources required to obtain an operati ng 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 account under AS 46.14.265 ; and

(B) for stationary sources not subject to (A) of this paragraph, but otherwise required to obtain a permit under AS 46.14.130, the emission fee rate is $5.52

per ton, which will be allocated to the emission cont rol permit receipts account under

AS 46.14.265 ;

(3) for July 1, 2008 through June 30, 2009,

(A) the 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, $2 7.24 will be allocated to the clean air protection fund under AS 46.14.260, and $6.13 will be allocated to the emission control permit receipts account under AS 46.14.265; andRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

97 (B) for stationary sources not subject to (A) of this paragraph but

otherwis e required to obtain a permit under AS 46.14.130, the emission fee rate is $6.13

per ton, which will be allocated to the emission control permit receipts account under

AS 46.14.265.

(c) The quantity of emissions for which fees will be assessed is the le sser of the stationary source’ s

(1) potential to emit; or

(2) projected annual rate of emissions, as that term is used in AS 46.14.250, if demonstrated by (A) an enforceable test method described in 18 AAC 50.220;

(B) material balance calculation s;

(C) emission factors from EPA’s Compilation of Air Pollutant Emission Factors, Volum e I: Stationary Point and Area Sources , adopted by reference in 18 AAC 50.035; or

(D) other methods and calculations approved by the department.

(d) For a statio nary source that needs an operating permit only because that source contains an emission unit that is subject to a federal emission standard u nder 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are subject to emissi on 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 account for emissions from equipment classified

under 18 AA C 50.100 that temporarily replaces or substitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a minor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(6) but not required to obtai n an operating permit under AS 46.14.130(b), the permittee shall pay a one

- time emission fee assessed for the state fiscal year following the state fiscal year in which the permit was issued. The emission fee is based on

assessable emissions for the state fiscal year being assessed and is billed in July of that year. The entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The

emission fee rate is

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

(2) $ 6.13 per ton for July 1, 2008 through June 30, 2009

.

(g) Notwithstanding (a)

- (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, theRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

98 emission fee is allo cated to the emission control permit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notification for operation that will occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and

(3) at the following rates for a single portable oil and gas op eration for which the owner or operator submits a new application or notification for operation under the general minor permit on or after December 3, 2005 :

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,

(i) $1 ,808 for July 1, 2006 through December 14, 2006 ; $725 for
December 14, 2006 through June 30, 2007; $797 for July 1, 2007 through June 30, 2008; and $885 for July 1, 2008 through June 30, 2009, for operation at one or more ice pads during a winter drilling season;

(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, 2 008 and $2,656 for July 1, 2008 through June 30, 2009 for operation during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in (A) of this paragraph

,

(i) $1,685 for July 1, 2006 through December 14, 2006 ; $676 for
December 14, 2006 through June 30, 200 7; $743 for July 1, 2007 through June 30, 2008; and $825 for July 1, 2008 through June 30, 2009, for drilling five or fewer wells under the same application or notification during a state fiscal year;

(ii) $3,370 for July 1, 2006 through December 14, 200 6 ; $1,351

for December 14, 2006 through June 30, 2007; $1,486 for July 1, 2007 through June 30, 2008; and $1,650 for July 1, 2008 through June 30, 2009, for drilling no fewer that six and no more than 10 wells under the same application or

notification du ring 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, 20 08; and $2,475 for July 1, 2008 through June 30, 2009 for drilling 11

or mo re wells under the same application or notification during a state fiscal year.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

99 (h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/ 97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171 ; am 1/29/2005, Register 173 ; am 12/3/2005 , Register 176 ; am 12/14/2006, Register 180 )

Authority : AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with AS 46.14.250. The department will bill fixed permit administration fees under AS 46.14.240 and 18 AAC 50.400(a)

- ( l )

(1) on or before the 15th of July; however, for the period from January 29, 2005 through June 30, 2005, the permit administration fees 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, July 15, and October 15 if requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the department will bill permit administration fees for designated regulato ry services rendered during the preceding month under 18 AAC 50.400(m). However, for reviews of excess emission reports, the department will bill on a semiannual basis if requested in writing by the person required to pay the fee.

(c) Fees assessed und er this chapter are due within 60 days after the billing date. A payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430. Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in equal quarterly installments if

(1) the fee exceeds $1,000; and

(2 ) a written request is submitted to the department with the first installment before the due date described in (c) of this section.

(e) If installment payments are requested under (d) of this section, the remaining three installments, including interest accrued as described in (c) of this section, must be paid on or before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emissions through a permit revision

shall pay to the department an emission fee for the increase in assessable emissions; the fee isRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

10 0 due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permit revision may re quest a prorated refund or credit to the stationary source's fee account toward

future fees.

(g) The owner, operator, or permittee who terminates operations or whose permit has lapsed or is terminated by the department may request a refund calculated by the department for

fees collected in excess of the amount due for the stationary sources' actual emissions.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission fees or permit administration fees will be sent to the la st known address of the stationary source that is subject to the fee. In an invoice, the department will include an itemized list of charges and credits for the billing period and a calculation of total credit balance or amount due on the account. For pe rmit administration fees for designated 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 description of the task;

(2) name of the individual wh o performed the task; and

(3) time spent on the task on that date and the charge for the task, determined under 18 AAC 50.400(m). (Eff. 1/18/97, Register 141; am 10/16/2003, Register 168; am

10/1/2004

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

Authorit y: 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 disputes the computation of charges may r equest
review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

(c) Repealed 7/11/2002. (Eff. 1/18/97, Register 141; am 7/11/2002, Register 163)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240

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

– 18 AAC 50.499, unless the context requires otherwise,

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

(2) “direct cost” has the meaning given in AS 37.10.058;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058Register 190, July 2009 ENVIRONMENTAL CONSERVATION

102 Article 5. Minor Permits.

Section

502. Min or permits for air quality protection 508. Minor permits requested by the owner or operator 509. Construction of a pollution control project without a permit 540. Minor permit: application 542. Minor permit: review and issuance 544. Minor permits: con tent 546. Minor permits: Revisions 560. General minor permits

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is required as described in (b)

- (f) of this section, except that a permit is not required under this

section (1) before construction, modification, or relocation of a new major stationary source or major modification that requires a permit under 18 AAC 50.306

– 18 AAC 50.311; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of th e major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before relocation if the stationary source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a minor permit under this section before construction, operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five tons per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at le ast five tons per hour of untreated material;

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

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

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

103 ( 6) a Port of Anchorage stationary source.

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

(1) beginning actual construction of a new stationary source with a potential to emit greater than (A) 15 TPY of PM

- 10;

(B) 40 TPY of nitrogen oxides;

(C) 40 TPY of sulfur dioxide;

(D) 0.6 TPY of lead; or

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

area; or

(2) beginning actual construction or, if not already authorized in a permit under

this chapter, beginning relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit developed for the portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46. 14. 275 (Timely and Complete Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subs ection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM

- 10

(i i ) 10 TPY of sulfur dioxide;

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

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

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

(i) 10 TPY of PM

- 10

(i i ) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

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

10 kilometers of a nonattainment area.

(d) An owner or operator may satisfy the requirement for a minor permit under this section through a stationary source

- specific permit issued under 18 AAC 50.540

– 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a station ary source listed in (b) of this section

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

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

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for an d operate under a general operating permit that was issued before October 1, 2004 and that has not expir ed or been revoked by the department as of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unles s the department takes action under AS 46.14.280; or

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

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

(1) consider all relevant information, including historical operational data, the owner’s or ope rator’s own representations, the owner’s or operator’s expected business activity and the owner’s or operator’s highest projections of business activity, the owner’s or operator’sRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

105 filings with the state or federal regulatory authorities, and compliance pla ns under AS 46.14.120; and

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

(3) exclude, in calculating any increase in emissions that results from the particular projec t, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emissions and that are also unrelated to the particular project, includ ing any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permit applicability for a modification on a calculation of actual emissions, if the project does not need a minor permit based on that calculation, and if a reasonable possibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the proj ect, the owner or operator shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the proje ct; and

(C) a description of the applicability test used to determine that the project is not a modification subject to (c)(3) of this section for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the a mount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric utility steam generating unit, before beginning actua l construction, the owner or operator shall provide a copy of the information listed in(1) of this subsection to the department;

(3) the owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regul ar operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at that emission unit;

(4) if the emission unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of eachRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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 preceded submission of the report.

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department i f the annual emissions, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this sec tion for that regulated NSR pollutant, and if those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the report shall be submitted to the department within 60 days after the end of that year; the report must contain the following:

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

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

(C) any other information that the owner or operator wishes to include in the report.

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by referenc e in 18 AAC 50.040.

(h) For the purposes of this section

(1) “baseline actual emissions” has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that definition the term “major stationary

source” is rev ised to read “stationary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) “net emissions increas e” 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 polluta nt greater than the amounts listed in (c)(1) of this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)( a ), “net emissions increase” is not restricted to a significant emissions increase or significant net emission s increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40, or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit under (c)(3) of this section, rather than whether the modification is a majo r modification;

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

107 five 12

- month periods following the date the unit resume s regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of

the unit would r esult in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section. (Eff. 10/1/2004, Register 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 owner or operator. An owner or operator may request a minor permit from the department for

(1) repealed 7/2 5/2008 ;

(2) repealed 7/25/2008 ;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revised under this chapter;

(4) establishing actual emission reductions from an existing stationary source if requested by that source’s owner or operator to offset an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary so urce;

(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 reque sted limit on the source’s ability to emit 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 em it; or

(6) revising or rescinding the terms and conditions 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 CONSERVATION

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) Applicat ion 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 provisi on of one or more specific items makes the provision of additional items unnecessary for the department’s determination. Applications must be on department forms.

(b) General information. Each application must include the information prescribed by

the Stationary Source Identification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit applicati on under 18 AAC 50.502 must include

(1) the information required in the following forms, included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Sum mary Form ; and

(2) for a permit for construction, modification, or 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 a ir quality standards; the ambient demonstration must follow an approved modeling protocol if the department requests a modeling protocol for demonstrating compliance with ambient air quality standards; unless the department has made a finding in writing th at the stationary source or modification does not need an ambient analysis to determine that construction and operation will not result in a violation of an ambient air quality standard, the application must include an ambient analysis for

(A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM

- 10, and nitrogen dioxide for a portable oil and gas operation; (C ) sulfur dioxide for a stationary source in an sulfur dioxide special protection area esta blished under 18 AAC 50.025(c); orRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

109 (D ) an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b).

(d) Carbon monoxide source or modification. For construction that would increase

carbon m onoxide emissions by 100 TPY or more within 10 kilometers of a nonattainment area, an application must include a demonstration that the potential to emit carbon monoxide emissions from construction and operation of the stationary source or emissions increa se 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 application must include the information required in the department’s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by

reference in 18 AAC 50.030.

(f) Repealed 7/25/2008

.

(g) Repealed 7/25/2008

.

(h) Plantwide applicability limi tation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As the department

considers necessar y to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions under the PAL will not cause or contribute to a violation of ambient air quality standards.

(i) Offsetting emiss ions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or operational limitations necessary to provide actual emission reductions of the nonattainment air pollutant; including

(1) a calculati on of the expected reduction in actual emissions; and

(2) the emission limitation representing that quantity of emission reduction.

(j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) must include the informati on and materials required under 18 AAC 50.225(b)(2)

– (6 ) and (8)

.

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Title I permi t must include

(1) a copy of the Title I permit that established the permit term or condition;

(2) an explanation of why the permit term or condition should be revised or rescinded;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 operator to avoid a permit classification, the information required of an applicant for that type of permit, unless the revised

condition would also allow the owner or operator to avoid the classification. (Eff. 10/1/2004, Register 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 50.542. Minor permit: review and issuance. (a) Permit issuance procedure options. The department will use either the fast

- track procedures in (b) and (c) of this section, or the procedures in (d ) of this section to issue a stationary source

- specific minor permit. The fast

- track procedures are available for a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of this section, unless

(1) the stationary sourc e is

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(C) in the Nikiski Industrial Area; or

(D) on an offshore platform; or

(2) a person req uests a public comment period under (b)(1) of this section.

(b) Fast

- track procedures. Fast

- track procedures for minor permits under

18 AAC 50.502 are as follows:

(1) upon receiving a complete application the department will give notice using

the Ala ska Online Public Notice System established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified, and by other means the department finds necessary for informing the public; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; in the notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30

- day public comment periodRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

111 under (d) of this section; if a comment period is requested, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by t he department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for an air pollutant for which the department requests an analysis for a stationary source

classified under 18 AAC 50.502(b), the application must include a screening ambient air quality analysis in accordance with (c) of this section, unless the department has made a finding in writing that the stationary source or modification does not need an ambient air quality an alysis to determine that construction and operation will not result in a violation of an ambient air quality standard; (4) the fast

- track procedures are available only if all predicted air pollutant concentrations meet the compliance criteria in (c)(2) of this section;

(5) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days after receiving the application.

(c) Screening ambient air quality analysis. A screening ambient air quality analysis

unde r (b)(3) of this section

(1) must

(A) follow a modeling protocol developed by the department or otherwise approved by the department that is suitable for fast

- track permitting; the department will approve the protocol for a screening level modeling de monstration if it finds that the department would be able to adequately review the resulting modeling demonstration in

the time available for fast

- track permitting;

(B) use a model and screening meteorological data approved by the department for the fast

- track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, the predicted ambient air concentration from the stationary sourc e, 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 concentration 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 has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before

t he modification and, the sum of the highest ambient air concentration from the previousRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

112 analysis plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described in (A) of this paragraph.

(d) Proce dures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under

18 AAC 50.502 for which the fast

- track procedures in (b) and (c) of this section are not

availab le: (1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance with AS 46.14.160(c), the department will make a preliminary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department’s preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit

comments; (B) the department will give notice

(i) using the Alaska Online Public Notice System established under AS 44.62.175;

(ii) by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified; if a person requests to be s ent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing the public;

(C) the department will make available for public inspection in at least

one location in the affected area

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department’s preliminary approval or denial; and

(iv) if the d epartment proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit

issued under 18 AAC 50.306

– 18 AAC 50.316, the department will provide an opportunity for public heari ng in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decision to approve theRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

113 application only if the application includes all information required by 18 AAC 50.540,

and th e 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 p erson who commented on the department’s preliminary decision, of the department’s final decision to approve or deny the permit application; a person described in AS 46.14.200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195

– 18 AAC 15.340; in a notification of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V permit by administrative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by administrative

amendment if (1) the minor permit is issued using procedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both

18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department will

(1) deny a minor permit application for a stationary source or modification classified under 18 AAC 50.502 if the department finds that construction and operation will

result in a violation of

(A) a requirement of 18 AAC 50.045

– 18 AAC 50.090; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and o peration of the stationary

source will cause an ambient concentration that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a m inor permit for a Port of Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045

– 18 AAC 50.090;

(4) repealed 7/25/2008 ;

(5) repealed 7/25/2008 ;

(6) approve a minor permit for establishing or revising a PAL, if the department finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted byRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

114 reference in 18 AAC 50.040, and if the department required an ambient air qu ality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5), if the department finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a T itle I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chapter.

(g) Duration . A minor permit issued under this section remains in effect until changed by another Title I permit or by an action by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a plantwide applicability limitation; and

(2) that an owner requested limit t hat avoids only a Title V permit remains in effect until the owner or operator requests in writing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 17 1; am 12/1/2004, Register 172 ; 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 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each min or permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400

– 18 AAC 50.499 ;

(3) inclu de any conditions established under 18 AAC 50.201; and

(4) include the requirements of an owner requested limit under 18 AAC 50.225Register 190, July 2009 ENVIRONMENTAL CONSERVATION

115 that applies to the stationary source.

(5) include the standard permit conditions in 18 AAC 50.345, as applicable.

(b) In each minor permit under 18 AAC 50.502(b), the department will include

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will meet the requirements of AS 46.14 and this chapter, including terms

and c onditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) a permit condition requiring the o wner or operator to

(A) perform regular maintenance considering the manufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance that would have a significant effect on emissions; the records may be kept in an electronic format; and

(C) keep a copy of either the manufacturer’s or the operator’s maintenance procedures.

(c) In each minor permit under 18 AAC 50.502(c), the department will include

(1) terms and conditions as necessary to ensure that the proposed statio nary source or modification will not cause or contribute to a violation of any ambient air quality

standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 for

(A) ins tallation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, moni toring data, emissions data, and information from analyses of any test samples;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

116 (D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and conditions requiring performance tests for emission limits under

18 AAC 50.050

– 18 AAC 50.090; and

(3) terms and conditions requiring maintenance of equipment according to the manufacturer’s or operator’s maintenance procedures , including requirements to keep a copy of either the manufacturer’s or the operator’s mai ntenance procedures

.

(d) For each stationary source that is not subject to Title V permitting under 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of whether t he stationary source is still accurately described by the application and minor permit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under this chapter. In the minor permit, the department will set out a time period between required affirmations as appropriate to the stationary source regulated by the minor permit.

(e) Repealed 7/25/2008

.

(f) In a minor permit that establishes or revises a plantwide applicability limitation (PAL), the department will include

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 18 AAC 50.040; and

(2) conditions as the department considers necessary to prevent emissions under the PAL from causing or contributing to a violation of an ambie nt air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including ter ms and conditions imposed under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations, intervals, and by procedures specified by th e 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.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

117 (h) In each minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5)

, the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and reporting requirements;

(2) list all equipment c overed by the ORL ; and

(3) describe each permit classification under AS 46.14.130 that the ORL allows

the owner or operator to avoid, or each maximum allowable increase under 18 AAC 50.020 or ambient air quality standards that will be protected.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or conditions of a Title I permit, the department will include terms and conditions as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this chapter. If the limit

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

(A) a new constructio n permit or minor permit under this chapter as if the limit had never existed; or

(B) under this section or under 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid preconstruction review; or

(2) made it possible to avoid a Title V permit, the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a

new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff.10/1/2004, Register 171; am 12/1/2004, Register 172 ; am 1/29/2005, Register 173 ; am 7/25/2008, Register 187 ; am 11/9/2008, Register 188 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540

– 18 AAC 50.544 to revise a minor permit, either a t the request of the permittee or on the department’s own initiative , in accordance with AS 46.14.280.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

118 (b) Notwithstanding (a) of this section, the department may revise non

- substantive elements of a minor permit without further administrative procedure s. (Eff. 10/1/2004, Register

171 ; am 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.560. General minor permits. (a) Criteria

. The department may issue a general minor permit to allow construction or operation of stationary sources or emission units

that (1) require a minor permit;

(2) involve the same or similar types of operation;

(3) involve the same type of emissions; and

(4) are subject to similar air quality control requirements.

(b) General minor permit issuance procedures. To issue a general minor permit, the department will provide notice and opportunity for public comment on the department’s proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has request ed to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the publ ic;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that would qualify under the general minor permit;

(B) the results of any department analysis on the effect on air quality;

(C) the reasons for the department’s proposed action;

(D) a copy of the proposed permit and of the proposed application orRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

119 notification form;

(E) a description of how interested persons may comm ent on the proposed general minor permit, including the period during which the department will accept public comments; and

(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the dat e 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 informat ion that an applicant must provide to operate under the general minor permit, including

(1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to show that the stationary source mee ts the qualifying criteria or a term or condition of the general minor permit, the department will require that location information required under this subsection or under (d)

– (g) of this section include a map and scale drawing;

(2) any information th at is necessary to determine that the stationary source qualifies for the general minor permit;

(3) identification of all equipment to be operated under the general minor permit;

and (4) a certification by the applicant that the stationary source is ca pable of complying with all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or operate under a general minor permit, the owner or operator must submit the appropriate completed application or notifica tion form for the specific stationary source type. In a general minor permit, the department will specify whether the applicant must submit a complete notification form and operate in compliance with the general minor permit, or whether the applicant must also obtain department approval under (e) of this section to operate under the general minor permit. If the general minor permit requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of th e application that

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a genera l minor permit. Approval to construct or operate under the general minor permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and ifRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

120 the stationary source meets all of the qualifying criteria and operates in compliance with the general minor permit, the owner or operator may construct or operate under the permit immediately after the department receives a completed notification form. The general minor permit authorizes con struction or operation only for

(1) equipment identified in the application or notification; and

(2) a location identified under (c), (f), or (g) of this section.

(f) General minor permit content. In a general permit the department will set out

( 1) criteria that must be met in order for a stationary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before commencing construction or operation under the g eneral minor permit, if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notification form and procedures for a change in location; and

(5) an y other terms and conditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general minor permi t at additional locations not identified in the permit application or notification if the

(1) permittee notifies the department by submitting a completed change of location form following the procedures specified in the permit; and

(2) stationary sour ce 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 CONSERVATION

121 Article 6. (Reserved)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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: obligations of responsible agency 710. Transportation conformity: inco rporation by reference of federal regulations 715. Transportation conformity: interagency consultation procedures 720. Transportation conformity: public involvement 725. General conformity: incorporation by reference of federal regulations

730. General conformity: mitigation of air quality impacts 735. General conformity: frequency of conformity determinations

18 AAC 50.700. Purpose of 18 AAC 50.700

– 18 AAC 50.735 . The purpose of

18 AAC 50.700

- 18 AAC 50.735 is to ensure that a transportation pla n, program project, or federal action within a nonattainment or maintenance area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally

- funded or federally

- approve d;

or (2) the project is nonfederally funded but is a regionally significant project that is funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9 /4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710

- 18 AAC 50.735: obligations of responsible agency. (a) The requirements of 18 AAC 50.710

– 18 AAC 50.720 apply to

(1) a transportation plan, progra m, or project within a nonattainment or maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301

– 5338; or (2) a project that is nonfederally funded, but that is a regionally significant project funded, adopted, or app roved 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 maintena nce 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 CONSERVATION

123 (A) receives or manages the federal money for the transportation plan, program, or project referred to in (a) of this section;

(B) develops the transportation plan, program, or project referred to in (a) o f this section; or

(C) funds, adopts, or approves a nonfederal, regionally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53;

(2) general conformity under 18 AAC 50.725

– 18 AAC 50.735, “responsible

agenc y” means the federal agency that is responsible for the funding or for approval of the action referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation c onformity: incorporation by reference of federal regulations. An agency subject to 40 C.F.R. 93 shall comply with the following federal regula

tions, 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 determinations);

(6) 40 C.F.R. 93.106 (Content of transportation plans);

(7) 40 C.F.R. 93.107 (Relations hip of transportation plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, program s, and projects: General);

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model);

(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation);Register 190, July 2009 ENVIRONMENTAL CONSERVATION

124 (13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of TCMs); (14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transpor

tation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and procedures: Projects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO and PM

- 10 violations (hot spots));

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM

- 10 control measures); (18) 40 C.F.R. 93.118 (Criteria and procedures: Motor veh icle emissions budget); (19) 40 C.F.R. 93.119 (Criteria and procedures: Emission reductions in areas without motor vehicle emissions budgets);

(20) 40 C.F.R. 93.120 ( Consequences of control strategy implementation plan failures); (21) 40 C.F.R. 93.121 (Requirements for adoption or approval of projects by other recipients of funds designated under 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 emissions budget in the applica

ble implementation plan (or implementation plan submission));

(25) 40 C.F.R. 93.125 ( Enforceability of design concept and scope and project

level mitigation and control measures);

(26) 40 C.F.R. 93.126 (Exempt projects);

(27) 40 C.F.R. 93.127 (Projects exempt from regional emissions analyses); and

(28) 40 C.F.R. 93.1 28 (Traffic signal synchronization 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 Administration and the Federal Transit Authority concerning fiscal constraint referred 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 CONSERVATION

125 18 AAC 50.715. Transportation conformity: interagency consultation procedures. (a) Before issuing a final confor mity determination under 18 AAC 50.700

- 18 AAC 50.720, the responsible agency described in 18 AAC 50.705(c)(1), shall

(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regionally significant project that is not funded under 23 U.S.C. (Highwa ys) or 49 U.S.C. 5301

- 5338, including any project for which alternative locations, design concept and scope, or the no

- build option are still being considered;

(2) prepare a preliminary in teragency discussion draft, a public review draft, and a final draft of the conformity determination through the interagency consulta tion process described in (b)

- (g) of this section with staff of

(A) the department;

(B) the local air quality planni ng agency;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency;

(E) any agency created under state law that sponsors or approves transportation projects;

(F) the United States Environ mental Protec tion Agency;

(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 opportunity 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 conformit y determination, including necessary supporting information;

(2) ensure that all documents and information relevant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written agency comments and written responses must

be included in th e record of any conformity decision or action.Register 190, July 2009 ENVIRONMENTAL CONSERVATION

126 (c) In preparing the preliminary interagency discussion draft, a staff member of the responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and c hoose a traffic demand and regional emissions model, and associated methods and assumptions to be used in a hot

- spot analysis or a regional emissions analysis; (2) determine which minor arterials and other projects should be considered regionally signif icant for purposes of a regional emissions analysis, in addition to those regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise exempt from the requirements o f

18 AAC 50.700

- 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions impacts or other adverse emis sions impacts might exist for any reason;

(4 ) determine, as required by 40 C.F.R. 93.113(c)(1), adopted by reference in 18 AAC 50.710, whether past obstacles to implementation of a transporta tion control measure (TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710, that is beh ind the schedule established in the state imple mentation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs; the interagency consultation process must also consider whether delays in TCM implementation necessitate a revision to the state implementation plan to remove or to substitute a TCM or other emission reduction measures;

(5) determine, as required by 40 C .F.R. 93.121, adopted by reference in 18 AAC 50.710, (A) that a regionally significant project

(i) is included in a regional emissions analysis support ing the currently conforming TIP's conformity determina tion, even if the project is not

included in the TIP for the purposes of project selection or endorse ment; and

(ii) design concept and scope have not changed significantly from those included in the transportation plan, TIP, or regional emissions analysis; or

(B) that, based on the requirem ents for a project that is not from a conforming transportation plan and TIP, as specified in 40 C.F.R. 93.118 and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710,

(i) there is a currently conforming transportation plan and TIP, and a new region al 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 implemented;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 PM

- 10 nonattain ment area identified in 18 AAC 50.015(b)(2) that have vehicle and roadway emission and dispersion characteristics essentially identical to those at sites that h ave air quality violations verified by monitoring, and that, therefore, require a quantitative PM

- 10 hot

- spot analysis; and

(7) notify staff of participating agencies of any revision or amendment to a transportation plan or TIP that merely adds or delete s 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 agencie s listed in (a)(2) of this

section to (1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, adopted by reference in 18 AAC 50.710;

(2) consider an emissions analysis for transportation activities that extend beyond the boundaries of a local governing body, nonattainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model dev elopment by the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local go verning 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 consultati on process, the responsible agency shall prepare the public review draft of the conformity determination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.

(g) After opportunity for public review and comment on the public review draft of the conformity determination, the responsible agency shall

(1) prepare a final draft of the conformity determination in consultati on with staff of the participating agencies; and

(2) after the consultation described in (1) of this subsection, issue the final conformity determination to the agencies listed in (a)(2) of this section and provide the supporting information upon request

.

(h) The department will refer to the governor for resolution any conflict between state agencies or between state and local agencies that cannot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days afterRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

128 notification or a determination that the conflict cannot be resolved. A conformity determination that is the subject of a conflict resolution under this subsection must have the governor's

concurrence to be considered final. The department will provide the participating agencies with a copy of its referral to the governor. The governor may delegate the role of resolving a conflict under this subsection and deciding whether to concur in the conformity determination to a state official or agency other than the department, the Alaska Department of Transportation and Public Facilities, or a state transportation board or commission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public involvement . (a) The responsible agency referred to in 18 AAC 50.705(c) shall establish a public involve ment process to provide opportunity for public review and comment on the public review draft of the

confo rmity determination before the agency issues a final conformity determina tion. The public involvement process must be consistent with the require ments 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 conformity determination;

(2) consider all comments received and prepare a written summary analysis of significant comments; and

(3) specifically address in the summary analysis all public comments concerning known plans for a regionally significant project that may not have been properly reflected in the emissions analysis used to su pport a proposed conformity finding for a transportation plan or TIP, regardless of whether the regionally significant project is receiving federal funding or approval.

(c) Opportunity for public involvement under this section must include access to information, emissions data, analyses, models, and modeling assumptions used to perform a conformity determination.

(d) If a project for which the provisions of (a)

– (c) of this section apply is also subject to a public involvement process under 42 U.S .C. 4321

- 4370b (National Environmental Policy Act), compliance with the public involvement process under that law constitutes compliance with (a)

– (c) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46 .14.030

18 AAC 50.725. General conformity: incorporation by reference of federal regulations . In addition to the other requirements of 18 AAC 50.725

- 18 AAC 50.735, a federal agency described in 40 C.F.R. 51.853(b)

- (j), as amended through December 1, 1994, shallRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

129 comply with the following federal regulations, as amended through December 1, 1994, which are incorporated by reference in this chapter:

(1) 40 C.F.R. 51.850 (Prohibition);

(2) 40 C.F.R. 51.852 (Definitions);

(3) 40 C.F.R. 51.853(b)

- (j ) (Applicability);

(4) 40 C.F.R. 51.854 (Conformity analysis);

(5) 40 C.F.R. 51.855 (Reporting requirements);

(6) 40 C.F.R. 51.856 (Public participation);

(7) 40 C.F.R. 51.858 (Criteria for determining conformity of general federal actions); and (8 ) 40 C.F.R. 51.859 (Procedures for conformity determinations of general federal actions). (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.730. General conformity: mitigation of air quality impacts . (a) The federal agency referred to in 18 AAC 50.725 shall identify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal action;

(2) the estimated emission reduction available from an identified mitigation measure; and

(3) the proc ess for implementing a mitigation measure including, as applicable,

(A) a description of the funding source for the mitigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; and

(C) the process for tra cking emission reductions from a mitigation

measure.

(b) If a mitigation measure involves a separate person or agency, the federal agency making the conformity determination shall, before determining that the proposed federal action is in conformity, obt ain a written commitment from the person or agency responsible for imple

menting the mitigation measure. The written commitment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment . ARegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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 of a license, permit, or similar authoriza

tion issued by t he federal agency, the federal agency shall require the person or agency issued the license, permit, or authorization to fully implement the mitigation measure as a condition for continued approval of the license, permit, or authorization.

(d) A federal agency may modify a mitigation measure if that agency

(1) concludes that the proposed modification supports the conformity determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50 .725;

(2) issues a public notice of the proposed modification, using the public participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725;

and (3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.735. General conformity: frequency of conformity determinations. (a) The conformity status of a federal action lapses five years after the date t hat a final conformity determination is reported to the department unless

(1) the federal action is completed before five years has elapsed; or

(2) the federal agency has commenced a continuous program to implement the

action within a reasonable time.

(b) An ongoing federal action showing continuous progress is not considered a new action and does not require a periodic redetermination required by this section if the emissions associated with the activity are within the scope of the final conformity determination reported in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c) If, after the final conformity determination is made, the federal action is changed so

that there is an increase in the total of direct or indirect emi ssions 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 13 3)

Authority: AS 46.03.020 AS 46.14.030Register 190, July 2009 ENVIRONMENTAL CONSERVATION

131 Article 8. (Reserved)Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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 purp ose of the small business assistance program established under AS 46.14.300 is to help small businesses in the state comply with state and federal air quality laws. The department’s The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of

the sm all business assistance program.

(c) The owner or operator of an eligible small business facility may request a change to a requirement under this chapter that

(1) is a work practice or technological method of compliance; or

(2) sets a schedule o f milestones preceding a date for implementing a work practice or technological method of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the propose d change and how the change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submit ted as an application for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, and subject to 18 AAC 50.326.

(e) The department will schedule a proposed amendment to this chapter submitted under ( d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not

cause a violation ofRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

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, including details on determining eligibility, may be

obtained from th e department's small business advocate, 410 Willoughby Avenue, Juneau,

Alaska 99801

- 1795, (907) 465

- 5100. A copy of the program description as it appears in the state air quality control plan, adopted by reference in 18 AAC 50.030, is available from the

d epartment's central and regional offices. A copy of the state air quality control plan may be viewed at any department office or at the Office of the Lieutenant Governor.

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.990. Definitions . In this chapter

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) “administrator” means the administrator of the United States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306

– 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990;

(4) "air curtain incinerator" means a device in which large amounts of

combu stible materials are burned in a rectangular containment equipped with an overfire air
system; (5) "air pollution" has the meaning given in AS 46.03.900;

(6) "air pollution control equipment" means equipment or a portion of equipment designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement" means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,Register 190, July 2009 ENVIRONMENTAL CONSERVATION

134 (A) “allowable emiss ions” 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 added after “federally enforceable”, as provided in 40 C.F.R. 51.166(w)(2)(ii)( b );

(9) "ambient air" has the meaning given in AS 46.14.990;

(10) "ambient air quality standards" has the meaning given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any

combination o f dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the station ary source;

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the col or of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installation” has the meaning given in

AS 46.14 .990;

(18) “casting off” means the first release of a line securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Cl ass II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401

- 7671q, as amended through November 15, 1990;

(21) repealed 7/25/2008 ;

(22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, scr eening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; “coal preparation plant” includes any combination of thermalRegister 190, July 2009 ENVIRONMENTAL CONSERVATION

135 dryers, pneumatic coal

- cleaning equipment, coal processing and conveying equipment, breakers and crushers, coal storage systems, and coal transfer systems within the stationary source;

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

(24) "conservation vent" means a vent containing a pressure

- vacuum valve designed to minimize emissions of vapors from a storage tank due to changes in temperature and

pressure;

(25) "construct" or "construction" has the meaning given to “construction” in AS 46.14.990;

(26) "construction permit" has the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environm ental Conservation;

(29) "emission" has the meaning given in AS 46.14.990;

(30) "emission limitation" has the meaning given in AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) “emission unit” has the meaning given in AS 46.14.990;

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) "expected annual arithmetic mean" as t hat term is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.2, 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 AAC 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 4 6.14.990 and includes the federal administrator’s designee;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

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

Natura l Resources, United States Forest Service, or United States Bureau of Land Management/Alaska Fire Service;

(39) "fuel

- burning equipment" means a combustion device capable of emission;

“fuel

- burning equipment” includes flares; “fuel

- burning equipment” doe s not include mobile internal combustion engines, incinerators, marine vessels, wood

- fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in

40 C.F.R. 51.100(ii ), as revi sed as of July 1, 2007 and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the stack;

(43) “grate cleaning” means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 4 6.14.990;

(45) “hazardous air pollutant major source” has the meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed under natural conditions; in this paragraph, “change in visibility” includes light extinction, atmospheric discoloration, and any other change

in visual range, contrast

, or coloration;

(48) "incinerator" means a device used for the thermal oxidation of garbage or other wastes, other than a wood

- fired heating device, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

137 (49) "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or “LAER” has the meaning given in

4 0 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 stationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.166(b)(1);

(B) for the purpos es of 18 AAC 50.311, a stationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.165(a)(1)(iv);

(53) “major modification” means

(A) for the purposes of 18 AAC 50.306, a change that meets the definit ion of “major modification” under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of “major modification” under 40 C.F.R. 51.165(a)(1)(v);

(54) “make fast to the shore” means to secure the last line nec essary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control technology” or “MACT” means a maximum achievable control technology emission limitation defined in 40 C.F.R. 63.51, ad opted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximum monthly average temperature reported by the

National Weather Serv ice;

(58) “minor permit” means a permit issued under 18 AAC 50.502

– 18 AAC 50.560;

(59) "modification" or "modify" has the meaning given to “modification” in 42 U.S.C. 7411(a) (Clean Air Act , sec. 111(a)) ;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

138 (60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administrator as n onattainment 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 material that results in the products of combustion being emitted directly in to the ambient air without passing through a stack, flare, vent, or other opening of an emission unit from which an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14.990;

(67) "organic vapors" means any organic compound or mixture of compounds evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL maj or modification” has the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been airborne and exists as a liquid or solid at standard conditions;

(72) "permit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.990;

(74) "petroleum refinery" means a stationary source engaged in the distillation of petroleum or re

- distillation, cracking, or reforming of unfinished petroleum derivatives;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

139 (75) “plantwide applicability limitation” or “PAL” means an e mission limitation expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as a practical matter and established source

- wide in accordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "P M

- 10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008 ;

(78) “Port of Anchorage stationary source” means a stationary source located in the Port of Anchorage that contains one or more emission units subject to a standard in 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning given to the term "potential to emit" in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) " ppm" means parts per million;

(82) "practical means available" means, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmenta lly acceptable procedure exists, that procedure will be required;

(83) “project” means a physical change or change in the method of operation of an existing stationary source;

(84) “PSD” means prevention of significant deterioration;

(85) “PSD permit ” means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipm ent based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” in 40 C.F.R. 63.2, adopted by referenc e in 18 AAC 50.040 , except that for purposes of 18 AAC 50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301 , adopted by reference in 18 AAC 50.260(a) ;

(89) "reduction in visibility" means the obscuring of an observer's vision;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

140 (90) "regi onally significant project" has the meaning given in 40 C.F.R. 93.101 adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;

(92) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 51.166( b)(49);

(93) "responsible official" means

(A) for a corporation, a president, secretary, treasurer, or vice

- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making fun ctions for the corporation, or a duly

authorized representative of that person if the representa tive is responsible for the overall operation of one or more manufac turing, production, or operating facilities applying for or subject to a permit under AS 4 6.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980
dollars; or

(ii) the delegation of authority to the representative is approved in

advance by the depart ment;

(B) for a partnership or sole proprietorship, a general partner or the proprietor, respectively; and

(C) for a public agency, a principal executive officer or ranking elected official; for the purposes of this chapter, a principal e xecutive officer of a federal agency includes the chief executive officer with responsibility for the overall operations of a principal geographic unit in this state;

(94) “reviewing authority” means the department;

(95) “rig day” means each calendar day that a single drill rig is drilling or testing an oil or gas well in normal operation or standby service; “rig day” does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a

source; (98) "small business facility" has the meaning given in AS 46.14.990;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

141 (99) "smolder" means to burn and smoke without flame;

(100) “soot

- blowing” means using steam or compressed air to remove carbon from a furnace or from a boiler’s heat transfer surfaces;

(101) "stack" has the meeting given in AS 46.14.990;

(102) "standar d conditions" means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of igniting the engine; and

(B) for all other sources, the setting into operation of a source for any

reason;

(104) "state air quality control plan" means the plan adopted by reference in

18 AAC 50.030;

(105) “stationary source” has the meaning given in AS 46.14.990;

(106) "technology

- based emission standard" means

(A) a best available control technology standard with the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER ) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar stand ard for which the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means construction that is completed in

24 months or less from the date con struction begins; “temporary construction activity” includes any period of inactivity during that 24

- month period;

(108) “thermal soil remediation unit” means a stationary source that causes petroleum contamination to be desorbed from soils by heating th e soil in a kiln;Register 190, July 2009 ENVIRONMENTAL CONSERVATION

142 (109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502

– 18 AAC 50.560;

(B) construction permit issued before October 1, 2004; or

(C) permit to operate issued before January 18, 1997;

(110) “Title V permit” means a permit required by AS 46.14.130(b);

(111) “Title V source” means a stationary source classified as needing a permit under AS 46.14.130(b);

(112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" mean s a hydrocarbon fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a

normal and usual manner.

(116) "vapor collection system" means al l equipment, ducts, piping, valves, and fittings neces sary to prevent organic vapors displaced at a loading rack from being emitted into the atmosphere;

(117) "vapor

- laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with volatile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that

exerts a maxi mum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liqui d loading rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary storage vessel that contains a volatile liquid;

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 51.100(s ), as revised as of July 1, 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 CONSERVATION

143 (123) "wood

- fired heating device" means a device designed for wood combustion so that usable heat is derived for the interior of a building; “wood

- fired heating device” includes

wood

- fired stoves, fireplaces, wood

- f ired cooking stoves, and combination fuel furnaces or boilers that burn wood; “wood

- fired heating device” does not include a device that is primarily a part of an industrial process and incidentally provides usable heat for the interior of a building.

(1 24) “portable oil and gas operation” means an operation that moves from site to

site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portable oil and gas operation” does not include well servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of a flare; (125) “well servicin g activities” means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short and varying periods of time; “well servicing activities” includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickli ne units;

(D) well hot oil units;

(E) well wireline units.

(126 ) “ PAL pollutant” means the pollutant for which a plantwide applicability limitation (PAL) is established at a major stationary source;

(127 ) “regional administrator” means the administrator of Region X of EPA.

(Eff. 1/18/97, Reg ister 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, Regist er 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