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

Evidence State Has Formally Adopted Plan or Revision :

Adoption Order of Commissioner Larry Hartig signed June 17, 2008
, with Filing Certification of Lt. Governor Sean Parnell signed by Jason M. Hooley on June 2 5, 2008, with Delegation of Lieutenant Governor’s Authority certificate dated July 31, 2007

.

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

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Sean Parnell signed by Jason M. Hooley dated June 25, 2008, with Delegation of Lieutenant Governor’s Authority certificate dated July 31, 2007.

Adoption draft of 18 AAC 50 Air Quality Control Regulations , As amended through July 25, 2008 (no register number in header)

.Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

1 of 22 

## DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Public Comment Draft

November 21, 2007

Comment Period Ends January 7, 2008, 5:00 p.m.

Sarah Palin

Governor

Larry Hartig

CommissionerRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

2 of 22 18 AAC 50.015 Editor’s Note is amended to read:

Editor's note : The nonattainment and maintenance area boundaries, the air quality control region boundaries, and the Class I ar ea boundaries are depicted on maps in the state air quality control plan adopted by re ference in 18 AAC 50.030. Air quality control region and nonattainment area boundaries are de scribed in 40 C.F.R. 81, as revised as of July 1, 2003.



## ...

18 AAC 50.030(10) is amended to read:

(10) the department’s Minor Permit Application Forms , dated September

22 [AUGUST 30], 2004 ; January 4, 2006, and May 15, 2007 . (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Regi ster 147; am 1/1/2000; Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, 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, Regi ster 171; am 12/ 14/2006, Register 180 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.035(a)(3) is amended to read:

(3) the United States Environmental Protection Agency's (EPA) publication AP-42, Compilation of Air Pollutant Emissi on Factors, Volume I: Stationary

Point and Area Sources , Fifth Edition with Supplements A – F [E], as updated [AMENDED] through December 2006 [SEPTEMBER 1999];



## ...

18 AAC 50.035(b) is amended to read:

(b) The following procedures and methods set out in 40 C.F.R., as revised as of July 1, 2007 [2003], are adopted by reference:

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 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 __/__/2008, Register ___ )



## ...Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

3 of 22 18 AAC 50.040(a) is amended to read:

(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 [JULY 8, 2004], are adopted by reference as they apply to a Title V source:



## ...

18 AAC 50.040(b) is amended to read:

(b) The following provisions of 40 C.F. R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of 72 Fed. Reg. 27437 (May 16, 2007) [July 1, 2004], are adopted by reference as they apply to a Title V source:



## ...

18 AAC 50.040(c) is amended to read:

(c) The following provisions of 40 C.F. R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), as revised as of 72 Fed. Reg. 38864 (July 16, 2007) [NOVEMBER 12, 2004], are adopted by reference as they apply to a

Title V source:



## ...

18 AAC 50.040(c)(24) is repealed:

(24) repealed __/__/____ ;



## ...

18 AAC 50.040(d) is amended to read:

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2007 [2004], are adopted by reference to the extent that they apply to a Title V source.



## ...

18 AAC 50.040(e) is amended to read:

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.96, as revised as of JulyRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

4 of 22 1, 2007 [2004], as they apply to a Title V sour ce and for purposes of a Title V permit, are adopted by reference.



## ...

18 AAC 50.040(f) is amended to read:

(f) The provisions of [ ]40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models [(REVISED)]), as revised as of July 1, 2007 [2004], are adopted by reference.



## ...

18 AAC 50.040(g) is amended to read:

(g) The following provisions of 40 C.F. R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), as revised as of July 1, 2006 [2004], are adopted by reference:



## ...

18 AAC 50.040(g)(4) is amended to read:

(4) Subpart III (Federal Plan Require ments for Commercial and Industrial

Solid Waste Incineration Units that Commen ced Construction on or Before November 30, 1999 , except for the CISWI Definition Rule vacated by U.S. Court of Appeals, D.C. Circuit, No. 04-1385 (June 8. 2007 );



## ...

18 AAC 50.040(h) is amended to read:

(h) The following provisions of 40 C.F.R. 51.166 and 40 C.F.R. 52.21 (Prevention of Significant Dete rioration of Air Quality), as revised as of July 1,

2007 [2004], are adopted by reference:



## ...

18 AAC 50.040(h)(17) is repealed:

(17) repealed __/__/____ ;Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

5 of 22 

## ...

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

(18) repealed __/__/____ ;



## ...

18 AAC 50.040(h)(19) is repealed:

(19) repealed __/__/____ ;



## ...

18 AAC 50.040(h)(20) is amended to read:

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

(A) 40 C.F.R. 52.21(aa)(12)(ii)(a) is changed to read “Mass balance calculations for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel”;

(B) 40 C.F.R. 52.21(aa)(12)(iii) is changed to read “Mass Balance Calculations. An owner or op erator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxi de from the combustion of fuel shall meet the following requirements:”;



## ...

18 AAC 50.040(i) is amended to read:

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), as revised as of July 1, 2007 [2004], text setting out provisi ons that a state implementation plan shall or may contain is adopted by reference as follows:



## ...

18 AAC 50.040(i)(7) is repealed:

(7) repealed __/__/____ ;Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

6 of 22 

## ...

18 AAC 50.040(i)(8) is repealed:

(8) repealed __/__/____ ;



## ...

18 AAC 50.040(i)(9) is repealed:

(9) repealed __/__/____ ;



## ...

18 AAC 50.040(i)(10) is amended to read:

(10) 40 C.F.R. 51.165(f) (Actuals PALs)[.] , except as follows:

(A) 40 C.F.R. 51.165(f)(12)(ii)(A) is changed to read “Mass balance calculations for activities using coatings or solvents or for activities emitting sulfur dioxide from the combustion of fuel”;

(B) 40 C.F.R. 51.165(f)(12)(iii) is changed to read “Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from acti vities using coating or solvents or from activities emitting su lfur dioxide from the combustion of fuel shall meet the following requirements:”;



## ...

18 AAC 50.040(j) is amended to read:

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of July 1, 2007 [2004], are adopted by reference, except as provided in 18 AAC

50.326:

(Eff. 1/18/97, Register 141; am 6/14/98, Re gister 146; am 6/21/ 98, Register 146; am 7/2/2000, Register 154; am 6/ 1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176 ; am __/__/2008, Register ___ )



## ...Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

7 of 22 18 AAC 50.050(b) Table 4 is amended to read:

Table 4. Particulate Matter [ ] Standards for Incinerators

Incinerator Particulate Matter Standard

Rated capacity less than 1

, 000 pounds per hour No limit

Rated capacity greater than or equal to 1

, 000 but

less than 2

, 000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 percent CO 2 and standard conditions, averaged over three

hours

Rated capacity greater than or equal to 2

, 000 pounds per hour 0.08 grains per cubic foot of exhaust gas corrected to 12 percent CO 2 and standard conditions, averaged over three

hours

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

(Eff. 1/18/97, Register 141; am 5/3/2002, Register 162 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.055(a)(9)(D) is amended to read:

(D) the federal administrator approves a stationary source [FACILITY]-specific revision to the st ate implementation plan, required under 42 U.S.C. 7410, authorizing the applicati on of this opacity limit instead of the opacity limit otherwise app licable under this section.

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 11/4/ 99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.090(b) is amended to read:

(b) [IN ACCORDANCE WITH THE DEPARTMENT'S AIR QUALITYRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

8 of 22 COMPLIANCE CERTIFICATION PROCEDUR ES FOR VOLATILE LIQUID STORAGE TANKS, DELIVERY TANK S, AND LOADING RACKS , ADOPTED BY REFERENCE IN 18 AAC 50.030, t] T he owner or operator of a delivery tank that is to be loaded with volatile liquid at a loading rack desc ribed in (a) of th is section shall

(1) perform annual tests to certify that the delivery tank is vapor-tight in accordance with EPA Method 27, adopted by reference in 18 AAC 50.040(a), as modified by the following definitions:

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

(B) initial pressure (P) is 450 mm of water (17.7 inches of water);

(C) allowable pressure change ( ∆ p) is 75 mm of water (3 inches of water); and

(D) gasoline means volatile liquid ;

(2) mark the delivery tank with the m onth and year that the tank was last certified vapor-tight according to the te st required under (1) of this subsection as follows:

(A) for a delivery tank that is a tank truck or a trailer, mark in accordance with the requirements of 49 C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2006, and adopted by reference ;

(B) for a delivery tank is 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; the exact location is not specified , but the markings must be clearly visible; and

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

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

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

(Eff. 1/18/97, Register 141; am 10/1/2004, Register 171 ; am __/__/2008, Register ___ )Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

9 of 22 

## ...

18 AAC 50.215(a) is repealed and readopted to read:

18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorological and/or ambien t air monitoring data under AS 46.03, AS 46.14, or this chapter shall obtain the data in accordance with

(1) the department's Alaska Quality Assurance Manual For Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030, for PM-10, total suspended particulates (TSP), lead, ca rbon monoxide, nitrogen dioxide, sulfur dioxide, and ammonia;

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, adopted by reference in 18 AAC 50.035, for ozone; [ OR ]

(3) EPA’s Meteorological Monitoring Guidance for Regulatory Modeling Applications , adopted by reference in 18 AAC 50.035(a)(4), for meteorological data; or

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



## ...

18 AAC 50.215(b)(1) is amended to read:

(1) ensure that estimates of ambien t concentrations and impairment to visibility are based on appli cable air quality models, data bases, and other requirements specified in the EPA's Guideline on Air Quality Models [ (REVISED) ], adopted by

reference in 18 AAC 50.040(f) [18 AAC 50.030]; and



## ...

18 AAC 50.215(c) is amended to read:

(c) A person may substitute or modify an air quality model referenced in (b) (1) of this section only after

(1) demonstrating consistent with S ection 3.2.2 (Use of Alternative Models – Recommendations) of EPA’s Guideline of Air Quality Models , adopted by reference in 18 AAC 50.040(f), that the alternative ai r quality model is moreRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

10 of 22 appropriate than a preferred air quality model; and [OBTAINING APPROVAL

FROM THE DEPARTMENT FOR A PROTOCOL TO BE USED IN PERFORMING THE ANALYSIS REQUIRED BY (2) OF THIS SUBSECTION];

(2) obtaining approval from the EPA regional administrator and the commissioner (or his designee); [UNDERTAKING AND SUBMITTING A

COMPARATIVE ANALYSIS OF THE AIR QUALITY MODELS USING THE APPROVED PROTOCOL, WHICH MUST BE FASHIONED AFTER THOSE

OUTLINED IN THE EPA'S WORKBOOK FOR COMPARI SON OF AIR QUALITY

MODELS AND INTERIM PROCEDURES FOR EVALUA TING AIR QUALITY MODELS (REVISED) , ADOPTED BY REFERENCE IN 18 AAC 50.030; AND

(3) OBTAINING APPROVAL FROM THE FEDERAL

ADMINISTRATOR AND THE COMMISSI ONER FOR THE SUBSTITUTION OR

MODIFICATION IF AN AM BIENT AIR QUALITY ANALYSIS IS REQUIRED BY 18 AAC 50.306.]



## ...

18 AAC 50.215(d) Table 5 is amended to read:

Table 5. Significant Impact Levels (SILs)

Averaging time (hours)

Annual 24 8 3 1

Pollutant

Sulfur

dioxide......

PM-10.........

Nitrogen

dioxide....

Carbon

monoxide... 1.0 μ g/m 3

1.0 μ g/m 3

1.0 μ g/m 3

........... 5 μ g/m 3

5 μ g/m 3

...........

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

...........

...........

500 μ g/m 3 25 μ g/m 3

...........

...........

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

...........

...........

2

, 000 μ g/m 3

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171 ; am __/__/2008, Register ___ )



## ...Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

11 of 22 18 AAC 50.225(b) is repealed and readopted to read:

(b) To request approval under this sectio n of limits on the ab ility to emit, the owner or operator shall submit to the department

(1) a completed stationary source identification form;

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

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

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

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

(6) a citation to the requirement that the person seeks to avoid, including an explanation of why the require ment would apply in the absence of the limits and how the limits allow the person to avoid the requirement;

(7) if applying the limits doesn’t avoid all permit classifications, a description, and if necessary an app lication, for the new classification;

(8) a statement that the owner or operator of the stationary source will be able to comply with the limits; and

(9) a certification, bearing the sign ature of the person requesting the limit, that states: "Based on information and belief formed aft er reasonable inquiry, I certify that the statements and informatio n in this request are true, accurate, and complete.

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 10/1/ 2004, Register 171; am 1/29/2005, Register 173 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.306(b)(1)(A) is amended to read:

(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 in the second reference to

“the Administrator” in 40 C.F.R. 52.21(y)(7); andRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

12 of 22 

## ...

18 AAC 50.306(b)(2) is repealed:

(2) repealed __/__/____ ;



## ...

18 AAC 50.306(b)(3) is repealed:

(3) repealed __/__/____ ;



## ...

18 AAC 50.306(c) is amended to read:

(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) [40 C.F.R. 52.166(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:

(Eff.10/1/2004, Register 171 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.400(d) is amended to read:

(d) Before the department takes action on any permit applicati on received, and if the minor permit is to be issued using th e fast-track procedur es in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary source de scribed in 18 AAC 50.326 or 18 AAC 50.502 not subject to (c ) of this section who reque sts a minor permit must pay a nonrefundable one-time permit fee of $3,975. Howe ver, if fast-track procedures are not available under 18 AAC 50.542(b)(1), the permitt ee, owner, or operator must pay, for a stationary source other than one described in 18 AAC 50.502(b), an [AND] additional nonrefundable permit fee of $2,650.



## ...

18 AAC 50.400(e)(3) is repealed:

(3) repealed __/__/____

.Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

13 of 22 

## ...

18 AAC 50.400(f) is repealed:

(f) Repealed __/__/____

.



## ...

18 AAC 50.400(g) is amended to read:

(g) If the department prepares a [N EW] general operating permit or a [NEW] general minor permit, the department w ill 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 departme nt employees who developed the permit. This cost will be divided by the number of permitt ees who receive or are expected to receive the permit to determine the permit administration fee.



## ...

18 AAC 50.400(m)(6) is repealed:

(6) repealed __/__/____ ;

(Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 10/1/ 2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.500 Article 5 Section Headings 509 is repealed:

509. Repealed __/__/____



## ...

18 AAC 50.502(c) is amended to read:

(c) The owner or operator must obtain a minor permit under this section before [COMMENCING]

(1) beginning actual construction of a new stationary source , orRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

14 of 22 modifying an existing stationary source, where the resulting [WITH A] potential to

emit (PTE) would be 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, 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 em ission 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 subsect ion that will cause for that pollutant an

emissions increase calculated at the discreti on of the owner or operator as either an

increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10

(ii) [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; orRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

15 of 22 (B) actual emissions and a net em issions increase greater than

(i) 10 TPY of PM-10

(ii) [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.



## ...

18 AAC 50.502(d)(2) is amended to read:

(2) if qualified, may apply for and [AN] operate under a general operating permit that was issued before Oct ober 1, 2004 and that has not expired or been revoked by the department as of the date the de partment receives a complete application; the owner or operator may



## ...

18 AAC 50.502(d)(2)(A) is amended to read:

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



## ...

18 AAC 50.502(g)(1) is repealed:

(1) repealed __/__/____ ;



## ...

18 AAC 50.502(g)(2) is repealed:

(2) repealed __/__/____ ;



## ...Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

16 of 22 18 AAC 50.502(h)(4) is amended to read:

(4) “projected actual em issions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emit a regulated NSR pollutant in any one of the five 12-month periods following the date the unit resumes regular operation after the project, or in any one of th e 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section ; [.]



## ...

18 AAC 50.502(h) is amended by ad ding a new paragraph to read:

(5) “beginning actual construction” has the meaning given in 40 C.F.R. 52.21(b) adopted by reference in 18 AAC 50.040.



## ...

18 AAC 50.508(1) is repealed:

(1) repealed __/__/____ ;



## ...

18 AAC 50.508(2) is repealed:

(2) repealed __/__/____ ;



## ...

18 AAC 50(508)(5) is amended to read:

(5) establishing an ow ner requested limit (ORL) at [FOR] a stationary source; the owner or operator may avoid a permit classification under AS 46.14.130 if the department approves an owner requested li mit on the source’s ability to emit air pollutants; a limitation approved under an OR L is an enforceable limitation for the purpose of determining



## ...Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

17 of 22 18 AAC 50.509 is repealed:

18 AAC 50.509. Repealed __/__/____ . (Eff. 10/1/2004, Register 171 ; repealed __/__/2008, Register ___ )

(Eff. 10/1/2004, Register 171 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.540(f) is repealed:

(f) Repealed __/__/____

.



## ...

18 AAC 50.540(g) is repealed:

(g) Repealed __/__/____

.

(Eff. 10/1/2004, Register 171; am 12/1/2004, Re gister 172; am 12/ 3/2005, Register 176 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.542(f)(4) is repealed:

(4) repealed __/__/____ ;



## ...

18 AAC 50.542(f)(5) is repealed:

(5) repealed __/__/____ ;



## ...

18 AAC 50.542(g)(1) is amended to read:

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a [CLEAN UNIT, POLLUTION CO NTROL PROJECT, OR] plantwideRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

18 of 22 applicability limitation; and

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172 ; am __/__/2008, Register

___ )



## ...

18 AAC 50.544(c) is amended to read:

(c) In each minor permit under 18 AAC 50.502(c), the department will include : [TERMS AND CONDITIONS]

(1) terms and conditions as necessary to ensure that the proposed stationary source or modifica tion will not cause or contri bute to a violation of any ambient air quality stan dard or the standards found in [of] 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 for

(A) installation, use, and main tenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations and inte rvals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and condition requiring performance tests for emission limits under 18 AAC 50.050 – 18 AAC 50.090; and

(3) terms and conditions requiring maintenance of equipment according to the manufacturer’s or operator’s maintenance procedures , including requirements to keep a copy of either the manufacturer’s or the operator’s maintenance procedures

.



## ...

18 AAC 50.544(e) is repealed:

(e) Repealed __/__/____

.



## ...Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

19 of 22 18 AAC 50.544(h) is amended to read:

(h) In each [A] minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) , the department will include terms and conditions that: [CONSISTS OF A LETTER OF APPROVAL FROM THE DEPARTMENT. IN THE LETTER OF APPROVAL, TH E DEPARTMENT WILL]

(1) describe the [TERMS AND CONDITIONS] ORL [OF THE APPROVAL], including [THE LIMITS,] speci fic testing, monitoring, recordkeeping, and reporting requirements;

(2) list all equipment covered by the [APPROVAL] ORL ; and

(3) describe the [PERMIT] classification that the [LIMIT] ORL allows the owner or operator to avoid , or the ambient air quality standard or maximum allowable increase that will be protected. [; AND

(4) SET OUT THE STATEMENT “I UNDERSTAND AND AGREE TO

THE TERMS AND CONDITIONS OF TH IS APPROVAL” FOLLOWED BY A

SPACE FOR THE OWNER’S OR OPERAT OR’S SIGNATURE; THE ORL BECOMES EFFECTIVE ON THE DATE OF THE SIGNATURE].

(Eff.10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.546(a) is amended to read:

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor permit, either at the request of the permittee or upon the department’s discretion , in accordance with

AS 46.14.280.

(Eff. 10/1/2004, Register 171 ; am __/__/2008, Register ___ )



## ...

18 AAC 50.990(8)(B) is amended to read:

(B) in the definition of “potenti al to emit” in 40 C.F.R. 51.166(b), the words “or enforceable as a practical matter” are added after “federallyRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

20 of 22 enforceable”, as provided in 40 C.F.R. 51.166(w)(2)(ii)( b ), as revised as of July 1, 2007 ;



## ...

18 AAC 50.990(21) is repealed:

(21) repealed __/__/____ ;



## ...

18 AAC 50.990(42)(A) is amended to read:

(A) for stack heights exceeding 213 feet, has the meaning given in 40 C.F.R. 51.100(ii), as revised as of July 1, 2007 [2003] and adopted by reference; or



## ...

18 AAC 50.990(52) is amended to read:

(52) “major stationary source” means

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change that meets the definiti on of “major stationary source” under 40 C.F.R. 51.166(b)(1), as revised as of July 1, 2007 ;

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change that meets the definition of “major stationa ry source” under 40 C.F.R. 51.165(a)(1)(iv), as revised as of July 1, 2007 ;



## ...

18 AAC 50.990(53) is amended to read:

(53) “major modification” means

(A) for the purposes of 18 AAC 50.306, a change that meets the definition of “major modification” under 40 C.F.R. 51.166(b)(2), as revised as of July 1, 2007 ;

(B) for the purposes of 18 AAC 50.311, a change that meets theRegister ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

21 of 22 definition of “major modificati on” under 40 C.F.R. 51.165(a)(1)(v), as revised as of July 1, 2007 ;



## ...

18 AAC 50.990(59) is amended to read:

(59) "modification" or "modify" has the meaning given to “modification”

in 42 U.S.C. 7411(a) (Clean Air Act, Section 111(a)) [AS 46.14.990];



## ...

18 AAC 50.990(61) is amended to read:

(61) "nonattainment air pollutant" means the air pollutant for which a particular area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302, as revised as of July 1, 2007 ;



## ...

18 AAC 50.990(63) is amended to read:

(63) "nonroad engine" has the m eaning given in 40 C.F.R. 89.2, as

revised as of September 18, 2007 [JULY 1, 2003], adopted by reference;



## ...

18 AAC 50.990(77) is repealed:

(77) repealed __/__/____ ;



## ...

18 AAC 50.990(92) is amended to read:

(92) “regulated NSR pollutant” ha s the meaning given in 40 C.F.R. 51.166(b)(49), as revised as of July 1, 2007 ;

(Eff. 1/18/97, Register 141; am 6/14/98, Re gister 146; am 6/21/ 98, Register 146; am 9/4/98, Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003,Register ____, ________ 2008 ENVIRONMENTA L CONSERVATION DRAFT

22 of 22 Register 167; am 10/1/2004, Regist er 171; am 12/3/2005, Register 176 ; am __/__/2008, Register ___ )Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

1 The editor's note for 18 AAC 50.015 is changed:

Editor's note: The nonattainment and maintenance area boundaries, the air quality

control region boundaries, and the Class I area boundaries are depicted on maps in the state air

quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and

nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003.

As of Register 184 (January 2008), the regulations attorney made a technical revision

under AS 44.62 .125(b)(6), to Table 1 in 18 AAC 50.015(c).

18 AAC 50.020(b)(2) is amended to read:

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

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

this subsection [SUBSECTIONS] ;Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

2 18 AAC 50.020(b) Table 3 is amended to read:

Table 3

Maximum Allowable Increases

Classification of area

in 18 AAC 50.015(c)

Table 1 Air Pollutant Maximum allowable

increase (micrograms

per cubic meter)

CLASS I PM

- 10:

Annual arithmetic mean

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

24

- hour maximum

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

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

Sulfur d ioxide [D IOXIDE ] :

Annual arithmetic mean

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

24

- hour maximum

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

3

- hour maximum

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

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

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

Nitrogen d ioxide [D IOXIDE ] :

Annual arithmetic mean

........................... ................. 2.5Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

3 CLASS II PM

- 10:

A nnual arithmetic mean

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

24

- hour maximum

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

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

Sulfur d ioxide [D IOXIDE ] :

Annual arithmetic mean

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

24

- hour maximum

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

3

- hour maximum

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

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

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

Nitrogen d ioxide [D IOXIDE ] :

Annual arithmetic mean

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

CLASS III PM

- 10:

Annual arithmetic m ean

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

24

- hour maximum

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

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

Sulfur d ioxide [D IOXIDE ] :

Annual arithmetic mean

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

24

- hour maximum

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

3

- hour maximum

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

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

................ 700Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

4 Nitrogen d ioxide [D IOXIDE ] :

Annual arithmetic mean

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

( Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 1 0/1/2004, Register 171 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.030(3) is amended to read:

(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;

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

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

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

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

12/30/2007, Register 184 ; am 5/17/2008, R egister 186; am ___/___/____, Register ____)

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

AS 46.14.020 AS 46.14.140

18 AAC 50.035(a)(3) is amended to read:

(3) the United States Environmental Protection Agency's (EPA) publicationRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

5 AP

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

Sources , Fifth Edition with Supplements A

- F and annual updates [ A

- E ] , as updated

[AMENDED] through December 2007 [ SEPTEMBER 1999 ] ;

18 AAC 50.035(a)(5) is amended to read:

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration

(PSD) , EPA 450/4

- 87

- 007, May 1987; [AND]

18 AAC 50.035(a) is amended by adding new paragraphs to read:

(7) SCREEN3 Model User’s Guide , EPA 454/B

- 95

- 004, dated September 1995;

(8) Screening Procedures for Estimating the Air Quality Impact of Stationary

Sources, Revised , EPA

- 454/R

- 92

- 019, dated October 1992.

The lead

- in language of 18 AAC 50.035(b) is amended to read:

(b) The following procedures and methods set out in 40 C.F.R., as revised as of July 1,

2007 [ 2003 ] , are adopted by reference:



### . . .

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

Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/200 5, Register

176 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

6 The lead

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

(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 [JULY 8, 2004 ] , are adopted by reference as

they apply to a Title V source:



### . . .

The lead

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

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

Hazardous Air Pollutants), as revised as of May 16, 2007 [JULY 1, 2004 ] , are adopted by

reference as they apply to a Title V source:



### . . .

18 AAC 50.040(c) is amended to read:

(c) The fo llowing provisions of 40 C.F.R. Part 63 (National Emission Standards for

Hazardous Air Pollutants for Source Categories), as revised as of July 16, 2007 [ NOVEMBER

12, 2004 ] , are adopted by reference as they apply to a Title V source:

(1) Subpart A (Genera l Provisions), except 40 C.F.R. 63.5(e)(2)

- (f) ;

(2) Subpart B (Requirements for Control Technology Determinations for Major

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

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63 .54 are not adopted; and

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

- 40 C.F.R. 63.53, 40 C.F.R.

63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutantRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

7 major source that includes one or more sources from a category or subcateg ory

established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA

administrator has failed to promulgate an emission standard within 18 months after the

deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

(3) Subpart D (Regulations Governing Compliance Extensions for Early

Reductions of Hazardous Air Pollutants);

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

Cleaning Facilities);

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

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

(7) Subpart R (Gasoline Distribution Facilities: Bulk Gasoline Terminals and

Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

(9) Subpart Y (Marine Tank Vessel Loading Operations);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off

- Site Waste and Recovery Operations);

(12) Subpart GG (Aerospace Manufacturing and Rework Facilities);

(13) Subpart HH (Oil and Natural Gas Production Facilities);

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

(15) Subpart JJ (Wood Furniture Manufacturing);

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

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

8 (18) Subpart LLL (Portland Cement Plants) ;

(19) Subpart UUU (Pollutants for Petroleum Refineries: Catalytic Cracking

Units, Catalytic Reforming Units, and Sulfur Recovery Units);

(20) Subpart AAAA (Municipal Solid Waste Landfills);

(21) Subpart EEEE (Organic Liquids Distribution (Non

- Gasoline) );

(22) Subpart YYYY (Stationary Combustion Turbines);

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

(24) [ SUBPART DDDDD (INDUSTRIAL, COMMERCIAL, AND

INSTITUTIONAL BOILERS AND PROCESS HEATERS);

(25)] Subpart GGGGG (Site Reme diation);

(25) [ (26) ] Subpart PPPPP (Engine Test Cells/Stands);

(2 6 ) Subpart LLLLLL (Acrylic and Modacrylic Fibers Production Area

Sources);

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

(28) Subpart NNNNNN (Chemical Manufacturing Area So urces:

Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyurethane Foam Production and

Fabrication Area Sources);

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

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

(32) [(27)] A ppendix A (Test Methods);

(33) [(28)] Appendix B (Sources Defined for Early Reduction Provisions).Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

9 18 AAC 50.040(d) is amended to read:

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2007 [ 2004 ] , are adopted

by reference to the extent that they apply to a Title V source.

18 AAC 50.040(e) is amended to read:

(e) The requirements of 40 C.F.R. 52.70

- 40 C.F.R. 52.96, as revised as of July 1, 2007

[ 2004 ] , as they apply to a Title V source and for purposes of a Title V permit, are adopted by

reference.

18 AAC 50.040(f) is amended to read:

(f) The provisions of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models

[ (REVISED) ] ), as revised as of July 1, 2007 [ 2004 ] , are adopted by reference.

The lead

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

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State

Plans for Designated Facilities and Pollutants), as revised as of July 1, 2007 [ 2004 ] , are adopted

by reference:



### . . .

The lead

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

(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 [JULY 1, 2004 ]

, areRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

10 adopted by reference:



### . . .

18 AAC 50.040(h )(17) is repealed:

(17) repealed ___/___/____;

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

(18) repealed ___/___/____;

18 AAC 50.040(h)(19) is repealed:

(19) repealed ___/___/____;

18 AAC 50.040(h)(20) is amended to read:

(20) 40 C.F.R. 52.21(aa) (Actuals PAL s) , 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 requiremen ts of 40 C.F.R. 52.21(aa)(12)(iii) also apply to

owners or operators using mass balance calculations to monitor PAL pollutant

emissions from activities using coating or solvents or from activities emitting sulfur

dioxide from the combustion of fuel

.Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

11 The l ead

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

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements), as revised

as of July 2 , 2007 [JULY 1, 2004 ] , text setting out provisions that a state implementation plan

shall or may co ntain is adopted by reference as follows:



### . . .

18 AAC 50.040(i)(7) is repealed:

(7) repealed ___/___/____;

18 AAC 50.040(i)(8) is repealed:

(8) repealed ___/___/____;

18 AAC 50.040(i)(9) is repealed:

(9) repealed ___/___/____;

18 AAC 50.040(i)(10) is amended to read:

( 1 0) 40 C.F.R. 51.165 ( f

) (Actuals PALs) , except as follows:

(A) mass balance calculations as authorized under 40 C.F.R.

51.165 ( f )(12)(ii)( A ) are also acceptable for activities using coating or solvents or for

activities emitting sulfu r 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 pollutantRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

12 emissions from activities using coating or solvents or from activities e mitting sulfur

dioxide from the combustion of fuel

.

The lead

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

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of

July 2 , 2007 [JULY 1, 2004 ]

, are adopted by reference , except as provided in 18 AAC 50.326:



### . . .

( 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, Regist er 176 ; ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

13 18 AAC 50.050(b) Table 4 is amended to read:

Table 4

Particulate Matter Standards for Incinerators

Incinerator Particulate Matter
Standard

Rated capacity less than 1,000 [ 1000 ] pounds per

hour No limit

Rated capacity greater than or equal to 1,000

[ 1000 ] but less than 2,000 [2 000 ] pounds per hour 0.15 grains per cubic foot of exhaust gas

corrected to 12 percent carbon dioxide

[CO 2 ] and standa rd conditions, averaged

over three hours

Rated capacity greater than or equal to 2,000

[2 000 ] pounds per hour 0.08 grains per cubic foot of exhaust gas

corrected to 12 percent carbon dioxide

[CO 2 ] and standard conditions, averaged

over three hours

An inc inerator that burns waste containing more

than 10 percent wastewater treatment plant sludge

by dry weight from a municipal wastewater

treatment plant that serves 10,000 or more

persons 0.65 grams per kilogram of dry sludge

input

( Eff. 1/18/97, Register 141; am 5/3/2002, Register 162 ; am ___/___/____, Register ____)Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

14 Authority: [SEC. 30, CH. 74, AS 46.03.020 AS 46.14.030

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

AS 46.14.010

18 AAC 50.055(a)(9)(D) is amended to read:

(D) the federal admini strator approves a stationary source

- specific

[ FACILITY

- SPECIFIC ] revision to the state implementation plan, required under

42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity

limit otherwise applicable under this secti on.

( 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 ___/___/____, Register ____)

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 50.090(b) is amended to read:

(b) The [ IN ACCORDANCE WITH 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, THE ] ow ner 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, AppendixRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

15 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 wa ter;

(C) the allowable pressure change is 75 millimeters, or three inches,

of water; and

(D) the test shall be performed for the volatile liquid as it would be

for gasoline ;

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

vapor

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

(A) for a delivery tank that 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. 1 80.415(b) (3) (vii), as revised as of October 1, 200 7 , and adopted by

reference ;

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

(i) the delivery tank must be marked with letters and

numerals at least four inches high;

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

color of the tank;

(iii) the delivery tank must be marked on both sides; a

marking need not appear in an exact location; however, each marking must

be clearly visible;

(iv) the marking must be "V

- month /year" ;Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

16 (3) provide the owner, operator, or permittee of the loading rack with a copy of

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

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

( Eff. 1/18/97, Register 141; a m 10/1/2004, Register 171 ; am ___/___/____, Register ____)

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 50.215(a) is repealed and readopted to read:

18 AAC 50.215. Ambient air quality analysis methods

. (a) A person who submits

meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall

obtain the data in accordance with

(1) the department's Alaska Quality Assurance 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, accura te, verifiable, capable of

replication, and approved by the department.Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

17 The lead

- in language of 18 AAC 50.215(b) is amended to read:

(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



### . . .

18 AAC 50.215(b)(1) is amended to read:

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

are based on applicable air quality models, databases, and other requirements specified in

40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models) [ THE EPA'S

GUIDELINE ON AIR QUALITY MODELS (REVISED) ] , adopted by reference in 18 AAC

50.040(f); and

18 AAC 50.215(c) is repealed and readopted to read:

(c) Except as provided in (e) of this section, a person may substitute or modify an air

quality model referenced in (b)(1) of this section only after

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on

Air Quality Models)

, Section 3.2.2 (Use of Alternative Models

-- Recommen dations), adopted by

reference in 18 AAC 50.040(f) , that the alternative air quality model is more appropriate than a

preferred air quality model; and

(2) obtaining approval from the regional administrator and the commissioner.Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

18 18 AAC 50.215(d) Table 5 is repealed and readopted to read:

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

d ioxide 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.

18 AAC 50.215 is amended by adding a new subsection to read:

(e) A person may use the SCREEN3 dispersion model, without meetin g the requirements

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 ___, _______ 2008 ENVIRONMENTAL CONSERVATION

19 Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171 ; am ___/___/____, Register

____)

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

AS 46.14.030 AS 46.14.180

18 AAC 50.225(b) is amended to r ead:

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

operator shall submit to the department

(1) a completed stationary source identification form;

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

(3) a calculation of the stationary source's actual emissions and potential to emit

air pollutants;

(4) a description of each [THE] proposed limit, including for each air pollutant a

calculation of the effect the limit will have on the stationary source's po tential to emit and the

allowable emissions;

(5) a description of a verifiable method to attain and maintain each [THE] limit,

including monitoring and recordkeeping requirements;

(6) citation to each [THE] requirement that the person seeks to avoid, inc luding

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 desc ription, and if necessary an application, for the remainingRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

20 classifications;

(8) a statement that the owner or operator of the stationary source will be able to

comply with each [THE] limit; and

(9) [(8)] a certification, bearing the signature of the per son requesting the limits

[LIMIT] , that states: "Based on information and belief formed after reasonable inquiry, I certify

that the statements and information in this request are true, accurate, and complete."

( Eff. 1/18/97, Register 141; am 6/21/98, Reg ister 146; am 10/1/2004, Register 171; am

1/29/2005, Register 173 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.020 AS 46.14.120

18 AAC 50.306(b)(1)(A) is amended to read:

(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) [ 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (l)(2),

AND (p)(2), AND IN THE SECOND REFERENCE TO "THE ADMINISTRATOR" IN

40 C.F.R. 52.21(y)(7) ] ; and

18 AAC 50.306(b)(2) is re pealed:

(2) repealed ___/___/____;

18 AAC 50.306(b)(3) is repealed:

(3) repealed ___/___/____;Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

21 The lead

- in language of 18 AAC 50.306(c) is amended to read:

(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) [ 40 C.F.R. 52.166 ( 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:



### . . .

(Eff. 10/1/2004, Register 171 ; am ___/___/__ __, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

The lead

- in language of 18 AAC 50.400(e) is amended to read:

(e) Before the department takes action on an applicati on received for a permit unde r

18 AAC 50.508(3) [ 18 AAC 50.508(2)

- (3) ] , the permittee, owner, or operator of a stationary

source must pay a nonrefundable one

- time permit fee as follows:



### . . .

18 AAC 50.400(e)(3) is repealed:

(3) repealed ___/___/____;

18 AAC 50.400(f) is repealed:

(f) Repealed ___/___/____.Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

22 18 AAC 50.400(g) is amended to read:

( g ) If the department prepares a [ NEW ] general operating permit or a [ NEW ] general

minor permit, the department will determine the cost of that permit by multi plying 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 rece ive the permit to determine the permit

administration fee.

18 AAC 50.400(h)(1) is amended to read:

(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) [ (c)

- (f) ] of this section or a

general minor permit fee in (g) of this section; or

18 AAC 50.400(m)(6) is repealed:

(6) repealed ___/___/____;

( 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 1/29/20 05, Register 173; am 12/30/2007, Register 184 ; am

___/___/____, Register ____)

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 ___, _______ 2008 ENVIRONMENTAL CONSERVATION

23 The lead

- in language of 18 AAC 50.502(c) is amended to read:

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

[COMMENCING]



### . . .

The lead

- in language of 18 AAC 50.502(c)(1) is amended to read:

(1) beginning actual construction of a new stationary source with a potential to

emit greater than



### . . .

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

(C) 40 TPY of sulfur dioxide; [DIOXIDES]

The lead

- in language of 18 AAC 50.502(c)(2) is amended to read:

(2) beginning actual construction or, if not already authorized in a permit under

this chapter, beg inning relocation



### . . .

The lead

- in language of 18 AAC 50.502(c)(3) is amended to read:

(3) beginning a physical change to or a change in the method of operation of an

existing stationary source with a potential to emit an air pollutant greater than an a mount listed inRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

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

discretion of the owner or operator as either an increase in



### . . .

18 AAC 50.502(g) is amended to read:

(g) An increase in emissions under ( c)(3) of this section does not require a permit under

that paragraph if

[ (1) THE EMISSION UNIT IS DESIGNATED AS A CLEAN UNIT UNDER 40

C.F.R. 52.21(x)

- (y), ADOPTED BY REFERENCE IN 18 AAC 50.040;

(2) THE PROJECT IS APPROVED TO USE THE POLLUTION CONTROL

PR OJECT (PCP) EXCLUSION UNDER 40 C.F.R. 52.21(2), ADOPTED BY REFERENCE IN

18 AAC 50.040; OR

(3)] a plantwide applicability limitation (PAL) is established for the stationary

source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

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

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.508(1) is repeale d:

(1) repealed ___/___/____;Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

25 18 AAC 50.508(2) is repealed:

(2) repealed ___/___/____;

The lead

- in language of 18 AAC 50.508(5) is amended to read:

(5) establishing an owner requested limit (ORL) at [FOR] a stationary source; the

owner or operator may avoid a permit classification under AS 46.14.130 if the department

approves an owner requested limit on the source's ability to emit air pollutants; a limitation

approved under an ORL is an enforceable limitation for the purpose of determining



### . . .

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

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.509 is repealed:

18 AAC 50.509. Construction of a pollution control project without a permit

.

Repealed. ( Eff. 10/1/2004, Register 171 ; repealed ___/___/____, Register ____)

18 AAC 50.540(f) is repealed:

(f) Repealed ___/___/____.Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

26 18 AAC 50.540(g) is repealed:

(g) Repealed ___/___/____.

18 AAC 50.540(j) is amended to read:

(j) Owner requested limits (ORLs). An application for a minor permit establishing an

owner requested limit (ORL) under 18 AAC 50.508(5) must include the information and

materials required under 18 AAC 50.225(b)(2)

- (6) and (8) [ 18 AAC 50.225(b) (2)

- (7) ]

.

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

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 A AC 50.542(f)(4) is repealed:

(4) repealed ___/___/____;

18 AAC 50.542(f)(5) is repealed:

(5) repealed ___/___/____;

18 AAC 50.542(g)(1) is amended to read:

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a

[ CLEAN UNIT, P OLLUTION CONTROL PROJECT, OR ] plantwide applicability limitation;Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

27 and

( Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544(c) is amended to read:

(c) In each minor permit under 18 AAC 50.502(c), the department will include [ TERMS

AND CONDITIONS ]

(1) terms and conditions as necessary to ensure that the proposed stationary

source or modification will not cause or contribute to a violation of any ambient air quality

standard or the standards set out in [ OF ] 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) inst allation, 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, monitor ing data, emissions data, and

information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions;

(2) terms and condition s requiring performance tests for emission limits under

18 AAC 50.050

– 18 AAC 50.090; andRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

28 (3) terms and conditions requiring maintenance of equipment according to the

manufacturer ' s or operator ' s maintenance procedures , including requirements to keep a copy of

either the manufacturer's or the operator' s maintenance procedures

.

18 AAC 50.544(e) is repealed:

(e) Repealed ___/___/____.

18 AAC 50.544(h) is amended to read:

(h) In each [ A ] minor permit establishing an owner requested limit (ORL) under

18 AAC 50.508(5) [ CONSISTS OF A LETTER OF APPROVAL FROM THE DEPARTM ENT.

IN THE LETTER OF APPROVAL ] , the department will include terms and conditions that

(1) describe the ORL [ TERMS AND CONDITIONS OF THE APPROVAL ]

,

including [ THE LIMITS, ] specific testing, monitoring, recordkeeping, and reporting

requirements;

(2) list all equipment covered by the ORL [APPROVAL] ; and

(3) describe each [ DESCRIBES THE] permit classification under

AS 46.14.130 that the ORL [LIMIT] allows the owner or operator to avoid , or each maximum

allowable increase under 18 AAC 50.0 2 0 or ambient air q uality standard that will be

protected [ ; AND

(4) SET OUT 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; THE ORL BECOMES EFFECTIVE ON THERegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

29 DATE OF THE SIGNATU RE ]

.

( Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.25 0

18 AAC 50.546(a) is amended to read:

(a ) The department will use the procedures of 18 AAC 50.540

- 18 AAC 50.544 to revise

a minor permit, either at the request of the permittee or on the department's own initiative, in

accordance with AS 46.14.280.

( E ff. 10/1/2004, Register 171; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.990(21) is repealed:

(21) repealed ___/___/____;

18 AAC 50.990(42)(A) is amended to read:

(A) for stack heights exceeding 213 feet, has the meaning given in

40 C.F.R. 51.100(ii), as revised as of July 1, 2007 [ 2003 ] and adopted by reference; orRegister ___, _______ 2008 ENVIRONMENTAL CONSERVATION

30 18 AAC 50.990(59) is amended to read:

(59) "modification " or "modify" has the meaning given to "modification" in

42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a)) [ AS 46.14.990 ] ;

18 AAC 50.990(63) is amended to read:

(63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of

September 18, 20 07 [JULY 1, 2003 ] , adopted by reference;

18 AAC 50.990(77) is repealed:

(77) repealed ___/___/____;

18 AAC 50.990 is amended by adding new paragraphs to read:

(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 a dministrator of Region X of EPA.

( Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98,

Register 147; am 11/4/99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161;

am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am

10/1/2004, Register 171; am 12/3/2005, Register 176; am 12/30/2007, Register 184 ; am

___/___/____, Register ____)

Au thority: AS 44.46.025 AS 46.14.140 AS 46.14.250Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

31 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

A S 46.14.120 AS 46.14.230 AS 46.14.560

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993

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

. (c)

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03.765

Alaska Statute 46.03.780

Alaska Statute 46.03.790

Alaska Statute A S 46.14Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CON SERVATION

Article 01. ORGANIZATION

Sec. 44.46.020. Duties of department.

(a) The Department of Environmental Conservation shall

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

(2) have primary responsibility for the adoption and enforcement of regulations setting standards for the prevention and abatement of all water, land, subsurface land, and air pollution, and other sources or potential sources of pollution of the env ironment, including by way of example only, petroleum and natural gas pipelines;

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

sta te;

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

;

(5) adopt regulations for

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

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

(C) standards of cleanliness and sanitation in connection with the construction, operation, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant,

mattress manuf

acturing establishment, industrial plant, school, barbershop, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commercially compressed air sold fo r human respiration.

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

(1) the shop be equipped with appropriate sterilizing equipment, with availability of hot and cold running water, and with an appropriate waste receptacle;

(2) the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client's most recent tattooing and permanent cosmetic coloring or body piercing;(3) a practitioner in the shop may use on ly instruments for tattooing and permanent cosmetic

coloring or body piercing that have been sterilized in accordance with methods approved by the department.Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION

Chapter 46.03. ENVIRONMENTAL CONSERVATION

Article 02. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Sec. 46.03.020. Powers of the department.

The department may

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

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

(3) consult with and cooperate with

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

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

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

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the accomplishment of the purposes of the department; these activ ities may be carried out by the personnel of the department or in cooperation with public or private agencies, including educational, civic, and research organizations, colleges, universities, institutes, and foundations;

(6) at reasonable times, enter and inspect with the consent of the owner or occupier any property or premises to investigate either actual or suspected sources of pollution or

contamination or to ascertain com pliance or noncompliance with a regulation that may be adopted under AS 46.03.020

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

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

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

(9) act as the official agency of the state in all matters affecting the purposes of the department under federal laws now or hereafter enacted;(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way

of ex ample and not limitation, regulations providing for

(A) c ontrol, prevention, and abatement of air, water, or land or subsurface land pollution;

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

(C) protection of public water supplies by establishing minimum drinking water standards, and standards for the construction, improvement, and ma intenance of public water supply
systems;

(D) c ollection and disposal of sewage and industrial waste;

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

(F) control of pesticides;

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

46.03.010 ;

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

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

(12) notwithstanding any other provision of law, take all actions necessary to receive authorization from the administrator of the United States Environmental Protection Agency to administer and enforce a National Pollutant Discharge Elimination System program in accordance with 33 U.S.C. 1342 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended;

(13) requir e the owner or operator of a facility to undertake monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).Sec. 46.03.760. Civil action for pollution; damages.

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

other than AS 46.03.250

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

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

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

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

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

and remedial in nature.

(c) The court, upon motion of the department or upon its own motion, may defer assessment

of all or part of that portion of the sum imposed upon a person under (a)(3) of this section conditioned upon the person complying, within the shortest feasible time, with the requirement

for which a violation is shown.

(d) In addition to liability under (a)

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

- 46.03.750 is liable to the state, in a civil action brought under AS 46.03.822 , for the full amount of actual damages caused to the state by the violation, including

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

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

(3) amounts paid as grants under AS 29.60.510

- 29.60.599 and as emergency first response advances and reimbursements under AS 46.08.070(c); and

(4) all incidental administrative costs.(e) A person who violates or causes or permits to be violated a provision of AS 46.03.250

-

46.03.313, 46.03.460

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

issued under AS 46.03.250

- 46.03. 313, 46.03.460

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

(1) reasonable compensation in the nature of liquidated damages f or any adverse environmental effects caused by the violation, that shall be determined by the court according to the toxicity, degradability and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the de gree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the court, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to
persons or property ; for a violation of AS 46.03.463 , the court, in making its determinat ion under this paragraph, shall also consider the volume of the graywater, sewage, or other wastewater discharged; this paragraph may not be construed to limit the right of parties other than the state to recover for personal injuries or damage to their pr operty;

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

correction of the violation ;

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

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

(f) An owner, agent, employee, or operator of a commercial passenger vessel, as defined in

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

- 46.03.314,

46.03.460

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

AS 46.03.250

- 46.03.314, 46.03.460

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

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court accord ing to the toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14 , the court, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; this paragraph may not be construed to limit the right of parties other than the state to recover for p ersonal injuries or damage to their property;(2) reasonable costs incurred by the state in detection, investigation, and attempted

correction of the violation;

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

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

(g) As used in this section, "economic savings" means that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of facilities necessary to effect compliance with the standard violated.Sec. 46.03.765. Injunctions.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46. 04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in act ions under this section may affect the timing of compliance, but not the necessity of compliance within a reasonable period of time.Sec. 46.03.780. Liability for restoration.

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

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

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

the state.Sec. 46.03.790. Criminal penalties.

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

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

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

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

under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;

(3) makes a false statement or representation in an application, label, manifest, record, report, permit, o r other document filed, maintained, or used for purposes of compliance with AS

46.03.250

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

under AS 46.03.250

- 46.03.313;

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

46.03.460

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

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

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

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

violation.

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

in vi olation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04.030 , with criminal negligence fails to comply with the plan is guilty of

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

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

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

(f) [Repealed, Sec. 5 ch 141 SLA 1990].(g) Notwithstanding AS 12.55.035 (b), upon convi ction of a violation of a regulation

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

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

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

(2) violates a permit issued under the program authorized by AS 46.03.020(12);

(3) fails to provide information or provides false information required by a regulation adopted under AS 46.03.020 (12);

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

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

(i) In this section,

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

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

.Chapter 46.14. AIR QUALITY CONTROL

Article 01. GENERAL REGULATIONS AND CLASSIFICATIONS

Sec. 46.14 .010. Emission control regulations.

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

- 7671q (Clean Air Act), as amended, and regulations adopted under those sections. The standards established under this section may be for the state as a wh ole or may vary in recognition of local conditions.

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

46.14.015:

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

(2) a regulation that establishes an ambient air quality standard or emission standard that is

more stringent than a corresponding federal standard;

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

(4) a regulation that regulates emissions from an emissions unit or stationary source or establishes an emission standard under the authority of AS 46.14.120 (e) or 46.14.130(c)(2).

(c) In preparation for peer review under AS 46.14.015 and before adopting a regulation described under (b) of this section, the department shall

(1) find in writing that exposure profiles and either meteorological conditions or emissions

unit characteristics in the state or in an area of the state reasonably require the ambient air quality standard, or emission standard to protect human health and welfare or the environment; this paragraph does not apply to a regulation under (b)(3) of this section;

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

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

(d) Before adopting a regulation described in (b)(2) of this section, the dep artment shall find in writing that exposure profiles and either meteorological conditions or emissions unit characteristics are significantly different in the state or in an area of the state from those upon which the corresponding federal regulation is ba sed.(e) When incorporated into more than one permit, emission standards and limitations,

emissions monitoring and reporting requirements, and compliance verification require ments that are generally applicable statewide or are generally applicable to individual emissions unit or stationary source types shall be adopted in regulation unless they have been requested by the owner and operator to whom the permit is issued. The dep artment shall, by regulation, adopt a standard, limitation, or requirement described in this subsection as soon as its general applicability is reasonably foreseeable.

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

(1) requested by the owner and operator; and

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

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

Sec. 46.14.015. Special procedure for more stringent re gulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public at locations throughout the state that the department considers appropriate.

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

that additio nal time is required.

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

(d) The department shall contract with persons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals unde r AS 36.30.200

- 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform peer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of th e proposed regulation. An interest isnot considered significant under this subsection if it is an interest possessed generally by the

public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conje ctural.

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

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

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

that is available or reasonabl y capable of being calculated and compiled.

Sec. 46.14.030. State air quality plan.

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

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

Article 02. EMISSION CONTROL PERMIT PROGRAM

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

Repea led or Renumbered

Sec. 46.14.120. Permits for construction, installation, modification, or operation.

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

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

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

(c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order is sued by the department under this chapter or a court order. A personoperating under the application shield available under AS 46.14.140 (a)(12) and 46.14.275, shall

comply with the terms and conditions of the pending application and applicable regulations.

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

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

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

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

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

Sec. 46.14.130. Stationary sources requiring permits.

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

(1) a new major stationary source;

(2) a major modification;

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

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

(1) a major source;

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

standards for hazar dous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or

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

(c) U nless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, orestablishing a stationary source, the owner and operator shall obtain a mi nor permit from the

department if the stationary source is of a type classified under AS 46.14.020

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

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

(d) I n this section, "major source" has the meaning given in 42 U.S.C. 7661(2).

Sec. 46.14.140. Emission control permit program regulations.

(a) The department shall adopt regulati ons to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do not

affect the public or govern the way the department deals with the public. The regulations must be reasonable and adequate, and provide flexibility in the operation of a stationary source consistent

with 42 U.S.C. 7401

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

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

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

AS 46.14.130 (b), which must comply with the requirements established for state operating permit programs in 40 C.F.R. 70.6, but which may be modifi ed to take into account this state's unique conditions;

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

(4) procedures for

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

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

(C) p rocessing and reviewing an application;

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

(E) issuing permits, including procedures for issuing permits for temporary operations or open burn activities;(5) r easonable standard permit conditions, including conditions for

(A) emission standards and limitations;

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

(C) i nspection and entry;

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

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

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

(8) the duration of permits;

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

U.S.C. 7401

- 7671q (Clean Air Act);

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

- 7671q (Clean Air Act);

(11) provisions allowing for physical or operational limitations that will reduce a stationary source's emissions to levels below those that would make the stationary source subject to part or

all of AS 46.14.120 and 46.14.130;

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

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

with 42 U.S.C. 7401

- 7671q (Cle an Air Act) and regulations adopted under state and federal law;(14) provisions allowing for certification of inspectors who evaluate compliance with the

terms and condition s of a permit, order, regulation, or other provision of law authorized under this chapter; and

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

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

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

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

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

has

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

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

amended.

(c) T he absence of, or the department's failure to adopt, a regulation under this section does not relieve a person from compliance with a permit issued under this chapter and with other provisions of law, including emission control requirements.

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

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

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

Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for completeness. To be determined complete, an application must provide the information

identifie d by the department in regulations adopted under AS 46.14.140 and in st andard application forms provided by the department under AS 46.14.140 (a)(1) and must be certified true and correct by the owner and operator.(b) The department shall notify the applicant in writing whether the application is complete.

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

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

additional information.

Sec. 46.14.1 70. Administrative actions regarding permits.

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

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

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

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

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

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

Sec. 46.14.180. Monitoring.

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

(1) the department may not require an owner and operator of an emissions unit to monitor emissions or ambient air quality sol ely for the purpose of scientific investigation or research; and(2) monitoring activities must be consistent with the applicable emission standards and their

permit or permit ap plication requirements.

Sec. 46.14.190. Single permit.

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

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

Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected interest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is requi red or solicited, a person who participated in the public comment process may request an adjudicatory hearing under the department's adjudicatory hearing procedures. After the issuance of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General operating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the fed eral administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be similar in emissions unit structure. A general operating permit must contain provisions that meet

the re quirements of this chapter that are applicable to operating permits. A general operating permit issued to a particular person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the gene ral permit is not applicable to the person's stationary source.

Sec. 46.14.211. General minor permits.

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

Sec. 46.14.215. Temporary operations.

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

46.14.170 , authorizing a stationary source to operate at specific m ultiple locations in the statefor temporary periods of time. A permit described in this section is valid only for the specific

locations identified in the application and authorized by the department. The department may not issue a permit under this secti on unless the permit contains conditions that will ensure compliance with this chapter at each authorized location, including compliance with ambient air quality standards and applicable increment or visibility requirements adopted under this chapter. A pe rmit under this section must require the owner and operator to notify the department at least 10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An operating permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by

the department to the federal administrator, whichever is earlier. If, during the 45

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

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

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

Sec. 46.14.230. Duration of operating permits.

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

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

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

The department shall take measures practicable and otherwise lawful to avoid termination,

modificat ion, or revocation and reissuance by the federal administrator of permits issued by the department under this chapter.

Sec. 46.14.240. Permit administration fees.

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

AS 46.14.130 shall pay to the department all assessed permit administration fees establishedunder (b) of this section except that the person named in a permit issued under AS 46.14.170

shall pay assessed permit administration fees incurred afte r the date the permit is issued.

(b) The department shall establish by regulation permit administration fees i n accordance

with AS 37.10.050

- 37.10.058.

(c) [Repealed, Sec. 60(b), 65 ch 46 SLA 2003].

(d) Costs incurred by the department and other state or local governmental agencies that are assessed against small business facilities that qualify for assistance under AS 46.14.300

- 46.14.310 shall be recovered from emission fees under AS 46.14.250 (h)(2) for the following

services:

(1) providing preapplication consultation, assistance, and completeness review of applications for a permit, an amendment, a permit modification, or a renewal of a permit;

(2) reviewing or assisting in the preparation of specific documents to support a permit for a stationary source; the documents described in this paragraph include on

- site evalua tions.

Sec. 46.14.250. Emission fees.

(a) A person named as permittee in a permit issued under this chapter shall p ay to the department all assessed emission fees established under this section.

(b) The department shall establish by regulation an emission fee rate. The rate shall be set

on the basis of dollars per ton of air pollutant emitted. The department shall assess emission fees annually on or before July 1 based on a stationary source's estimated assessable emissions for the subsequent fiscal year. The department may allow installmen t payments of assessed emission

fees.

(c) For a stationary source that begins operation during a fiscal year, the department shall prorate the first year's fee to cover the ti me period occurring before the next annual payment date. The owner or operator shall pay the initial emission fee upon commencement of lawful stationary source operation unless authorized to pay by installments under (b) of this section. The first year's e mission fee may not duplicate a fee paid by a permittee under AS 44.46.025 for the same emissions units for the same time period. If the fees would otherwise be duplicative, the department shall provide a credit toward the emission fee in the amount of the unused balance of

the fee collected under AS 44.46.025 . The unused balance to be credited shall be based on prorating the total origin al fee under AS 44.46.025 for the time period for which an emission fee applies.

(d) The department shall design the emission fee rate to distribute the total annual incurred costs described under (h) of this section in a manner so that each perm ittee is assessed an annual emission fee that reflects an equitable apportionment of the fees paid by each stationary source type, size, or category. In making an apportionment under (f)(6) of this section, the department

shall consider factors such as exe mptions or reduced rates for small amounts of emissions, limitsupon assessable emissions, exempting small business facilities from the costs of the small

business assistance program established under AS 46.14.300 , air pollution prevention efforts, and other factors that may ensure fair distribution of the costs described un der (h) of this section.

(e) [Repealed, Sec. 88 ch 56 SLA 2005].

(f) The department shall set the emission fee rate in regulation to implement the policy established in (d) of this section. The department shall base the regulation on the findings of a report, which the department shall make available to the public with proper notice before adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of statio nary sources, their respective emission quantities, and their previous or proposed fee burden;

(4) apparent inequities encountered in the initial fee rate;

(5) total costs incurred or anticipated to be incurred under (h) of this section; and

(6) o ther factors that ensure fair distribution of the costs described in (h) of this section.

(g) The department shall periodically, and at least every four years, evaluate the fe e rate set under this section to determine if it is responsive to the policy established in (d) of this section and shall provide its findings in a report.

(h) In this section

,

(1) " assessable emission" means the quantity of each air pollutant for which emission fees

are assessed and is the lesser of

(A) the stationary source's potential to emit, in tons per year, each air pollutant; or

(B) the projected annual rate of emissions, in tons per year, of each air pollutant by the stationary source based upon previous actual annua l emissions if the permittee can demonstrate to the department its previous actual annual rate of emissions through monitoring, modeling, calculations, or other method acceptable to the department;

(2) " emission fees" mean fees assessed to recover costs incurred by the department and other state or local governmental agencies for the implementation of minor permits, for the implementation of construction permits, and for operating permits to the extent re quired under 42 U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the permit program established under this chapter that are generally not associated with service provided to a specific facility, including the cost s incurred by the department or a local airquality program to comply with AS 46.14.010

- 46.14.015; the costs may include rent, utilities,

permit program management, administrative and accounting services, and other costs as identified by the department in regulations; the fees shall also be sufficient to recover the cost of the small business assistance program under AS 46.14.300

- 46.14.310.

Sec. 46.14.255. Interest and sanctions for nonpayment.

(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599 , for the day the fee was

due.

(b) If a permittee has failed to pay a fee imposed under AS 46.14.240

- 46.14.250, a penalty, assessment, or damage award imposed under AS 46.03.760 (e) or 46.03.790 for a violation of this chapter, or interest imposed under (a) of this section, the depart ment may, after 30 days' written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested by the permittee, or refuse to amend or modify a permit when the amendment or modification is requested by the permittee.

Sec. 46.14 .260. Clean air protection fund.

(a) The clean air protection fund is established. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS

46.14.140 , as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii))

for state participation in the federal emission control permit program.

(b) The money deposited into the clean air protection fund may only be used to cover the reasonable direct and indirect costs required to support the permit program under this chapter and the activities of the small business assistance program that are directed at stationary sources subject to this chapter, not including court costs or other c osts associated with an enforcement

action.

Sec. 46.14.265. Emission control permit receipts account.

(a) The emission control permit receipts account is established in the st ate treasury. Under

AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulatio ns adopted under AS 46.14.140 , other than fees described in AS

46.14.260 (a), shall be deposited in the account. Appropriations from the acco unt are not made from the unrestricted general fund.

(b) Nothing in this section creates a dedicated fund.

Sec. 46.14.270. Special account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and int erest collected under AS46.14.255 shall be deposited in the general fu nd and credited to a special account called the

"clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applic able, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unless the delay in final action was due to the failure of the owner and operator to submit, in a timely manner, additional information required or requested to process the application. An owner and operator required to have an operating permit under this chapter are not in violation of the operating permit program established under this chapter befo re the date on which the owner and operator are required to submit an application under AS 46.14.150

.

Sec. 46.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

(a) After 30 days' written no tice to the permittee, the department

(1) may terminate, modify, or revoke and reissue a construction, operating, or minor permit if the department finds that

(A) the permit was obtained by misrepresentation of material fact or by failure of the owner and operator to disclose fully the facts relating to iss uance of the permit;

(B) the permittee has violated this chapter, a regulation, a judicial or administrative order, or a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C) the permittee has failed to construct or modify a stationary source within the time period specified in a construction permit, if any, required under AS 46.14.130 (a);

(2) may modify, or revoke and reissue a c onstruction, operating, or minor permit if the department finds that

(A) the permit contains a material mistake; or

(B) there has been a material change in the quantity or type of air pollutant emitted from the stationary source; or

(3) s hall reopen a permit issued under this chapter

(A) based on a determination of the federal administrator or the department that the permit must be revised to comply with 42 U .S.C. 7401

- 7671q (Clean Air Act) and regulations adopted

under 42 U.S.C. 7401

- 7671q; or(B) to incorporate changes in law, or to impose equivalent emission limitations, th at become

applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a chan ge in law, not later than 18 months after the change in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.

(b) R eopening of a permit under (a)(3) of this section shall be treated as a permit renewal by the department if the procedural requirements for permit renewal have been met.

(c) P roceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only those parts of the permit for which the department had cause to reopen under this section.

Sec. 46.14.285. Amendment and m odification of permit upon request of permittee.

(a) A permittee may request

(1) a permit amendment that provides for administrative changes to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emissions;

(2) an expedited authorization for minor changes in permit terms and conditions that provide for flexibility in the operation of a stationary source consistent with 42 U.S.C. 7661a(b)(10) (Clean Air Act, sec. 502(b)(10)), and regulations adopted under that paragraph; the department may adopt regulations that include procedures under which the public may participate when an expedited authorization is requested under this paragra ph; or

(3) a modification of a permit to authorize significant changes in permit terms and conditions consistent with this chapter and regulations adopted under AS 46.14.140

.

(b) The department shall review all requests submitted under (a) of this section and issue or deny the permit amendment or modification or otherwise authorize or deny the request consistent with this chapter and regulations adopted under this chapter.

Sec. 46.14.290. Permit as shield.

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in complianc e with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under it,

if

(1) the applicable requirements are included and specifically identified in the owner or operator's permit; or(2) the requirements are determined in writing not to be applicable to the permitted

stationary source; a determination made under this paragraph shall be included in the permit.

(b) This section does not alter or affect

(1) the owner's and operator's obligation to comply with an emergency order issued under

AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);

(2) the liability of an owner and operator for a violation of applicable requirements of law before or at the time of permit issuance; or

(3) the ability of the depa rtment to obtain information from an owner or operator of a stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act).

(b) The small business assistance program shall, by regulation, meet the requirements of 42 U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), including the requirement that a small business advocate be designated.

(c) Except as provided in AS 46.14.310 (b), the department shall provide assistance as

described in (b) of this section to a requesting stationary source that is not a small business concern as defined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the legislature appropriates money from the general fund for this purpose.

Sec. 46.14.310. Power to limit small business assistance program.

(a) After consultation with the federal administrator and the administrator of the United

States Small Busine ss Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program

established in AS 46.14.300 a category or subcategory of small business facilities that the department finds to have sufficient technical and financial capabilitie s to meet the requirements of this chapter and federal law without the assistance provided under AS 46.14.300

- 46.14.320.

(b) Nothing in AS 46.14.300 (c) precludes the department from excluding a business facility or category of business facili ties that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter without assistance from the department.

Sec. 46.14.320. Compliance advisory panel.(a) There is established in the department a compliance advisory panel whose members shall

serve staggered three

- year terms. A member may not serve more than two three

- year terms consecutively.

(b) The panel consists of

(1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent the general public;

(2) one member selected by the commission er to represent the department; and

(3) four members who are owners or representatives of owners of small business facilities,

selected as follows:

(A) one shall be selected by the president of the senate and one shall be selected by the speaker of the house;

(B) i f there are members of the senate who are not part of the majority caucus of the senate, the leader of the largest nonmajority group shall select a panel member; if all members of the senate are in the majority caucus, then the president of the senate shal l select a second panel member in addition to the selection authorized under (A) of this paragraph;

(C) if there are members of the house who are not part of the majority cauc us of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel

member in addition to the selection authorized under (A) of this paragraph.

(c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS

39.20.180

.

(d) The compliance advisory panel shall

(1) elect a chair and agree upon procedures by which the panel will function;

(2) meet annually and at the call of the chair and give public notice of panel meetings as required under AS 44.62.310

- 44.62.312;

(3) prepare advisory opinions concerning the effectiveness of the small business assistance program, difficulties encountered in making the program efficient and effective, and degree of enforcement and severity of air pollution offenses;

(4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Pape rwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Act);(5) review information designed to assist small business facilities in complying with this

chapter to ensure that the information is understandable b y the public; and

(6) use the assistance of the small business advocate designated under AS 46.14.300 (b) in the development and dissemination of panel reports and advisory opinions.

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air qu ality control program that operates in lieu of and is consistent with all or part of the department's air quality program as established under this chapter. A first or second class borough may administer an air quality control program approved by the depar tment under this subsection on an areawide basis and is not subject to the restrictions for acquiring additional areawide powers specified in AS 29.35.300

- 29.35.350. A third class borough may administer a local air quality control program approved by the department under this subsection only in a service area formed under AS 29.35.490 (b) or (c).

(b) With the approval of the department, two or more municipalities or other entities may create a local air quality district for the purpose of jointly administering a local air quality control program within the boundar ies of the air quality district.

(c) If the department finds that the location, character, or extent of particular concentrations of population, air pollutant emissions units , the geographic, topographic, or meteorological considerations, or a combination of these factors make impracticable the maintenance of appropriate levels of air quality without an areawide air pollution control program, the department may determine the b oundaries within which a local air quality control program is necessary and direct that a local air quality control program spanning those boundaries is the only acceptable alternative to direct state administration.

(d) A municipality or a local air quality district seeking department approval for a local air quality control program shall enter into a cooperative agreement with the department that is designed to avoid unnecessary dup lication of responsibilities. The cooperative agreement must include provisions specifying

(1) the respective duties and authority of the department and the municipality or l ocal air quality district in the administration of the local air quality control program;

(2) the authority of the municipality or the local air quality district to employ sta ff to administer the local air quality control program;

(3) duties of staff employed under (2) of this subsection;(4) the procedures that must be followed by t he municipality or local air quality district

when requesting money from the clean air protection fund to cover the costs of implementing the municipality's or district's air quality program;

(5) the procedures that will be used by the department in approving a request under (4) of this subsection and submitting it to the legislature for funding;

(6) respective enforcement responsibilities of the department and the municipality or the local air quality district;

(7) that if the municipality or local air quality control district seeks authority to take action under (f) of this section, the municipality or local air quality control district will use procedures

that are substantially equivalent to those required under AS 46.14.010 and 4 6.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under this section shall administer its local air quality control program according to this chapter, regulations adopted under those sections, and its cooperative agreement under (d) of this section. A municipality or local air quality district's program may, upon a finding by the local agency and an affirmative agreement by the department, establish a more stringent requirement than the stationary emissions unit permit program authorized under this chapter if public health or air quality effects provide a reasonable basis to regulate the emissions unit with the additional or more stringent requirement and the municipality or district has used procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015 before establishing the more stringent requirement. This subsection does not prohibit a municipality or local air quality control district from establishing a mobile source emissions progr am more stringent than the state program without making findings of public health or air quality effects or using procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015. In this subsection,

"mobile source" does not include tank vessels or other watercraft.

(g) A determination, order, permit, or permit action issued under a local air quality control program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable another department or government entity to establish fee rates or collect fees under AS 46.14.240

or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section requires emissions inspection for a motor vehicle, emission inspection may not be required mor e than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed under this section is guilty of a violation and, upon co nviction, shall be fined an amount not toexceed $500. It is the intent of the legislature that money collected under this subsection be

appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air qual ity district has an approved local air quality control program under AS 46.14.400 and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out

it s determination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.

(b) If, after the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a writ ten finding setting out the nature of the deficiencies and a description of the necessary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipali ty or district within 45 days after closure of the public hearing record. The department shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding.

(c) If the municipality or local air quality district fails to take corrective action within the time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partially remedies, to the department's satisfaction, the deficiencies fou nd in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air quality district.

(d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comp ly with AS 46.14.400 and with any corrective action plan required by th e department.

(e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reas onable capability of the municipality or the local air quality district or may be more efficiently and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Clas sifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.

Article 05. MISCEL LANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.(a) The department shall seek delegation of authority from the federal administrator to

implement and enforce the terms and provisions of 42 U.S.C. 7 627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the same air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source whil e at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.

(c) I n this section, "corresponding onshore area" means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissi oner determines that another area with more stringent requirements relating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the poten tial for air pollutants from the stationary source to reach the other onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42

U.S.C. 7470

- 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the c ontrol of emissions from motor vehicles to further air quality control, the department may provide, by regulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment de signed to reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless otherwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle.

(c) T he department shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a

moto r vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law.

(d) If the department adopts regulations requiring the maintenance of air pol lution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards,testing techniques, and instructions furnished by the department and the motor vehicle has been

found to meet those standards. A valid certificate of inspection for the emission control system, if required by the department, must be presented to the Department of Administration before that department may register a motor vehicle.

(e) If the department adopts regulations requiring emis sions inspection for a motor vehicle, the department may not require the vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions in spection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to control pollution

from motor veh icle emissions.

(g) In addition to the emission control i nspection program fee imposed under AS 28.10.423

, the department or a municipality may impose a fee upon a vehicle required to be inspected under a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitoring program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commi ssioner and certified under regulations adopted under AS

46.14.140 (a)( 14) may, upon presentation of credentials and at reasonable times with the consent of the owner or operator, enter upon or through any premises of a stationary source regulated under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sample any emissions that the owner and operator of the stationary source is required to sample.

(b) During an inspection under this section, the insp ector shall comply with applicable health and safety standards.

Sec. 46.14.520. Confidentiality of trade secrets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the owner and operator have certified under oath to the department or authorized local program that(1) public disclosure would tend to affect adversely the owner's and operator's competitive

position; and

(2) the records, reports, or information, or parts of the records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or fin ancial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provided in AS 46.14.520 , permits, permit applications, emissions and monitoring reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first sub mitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter.

(b) A municipality or local air quality district with a local air quality control program may apply for, receive, adminis ter, and spend federal aid for the control of air emissions or the development and administration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the dep artment may award grants of federal or other funds received by the department for the control of air emissions or the development or administration of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergen cy use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural requirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commi ssioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and may impose other conditions the commissioner finds necessary and appropriate.(b) An authorization issued under this section automatically terminates within a reasonable

time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an author ization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is considered to be acting in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.

Sec. 46.14.550. Responsibilities of own er and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the

pe rmittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for noncompliance with a technology

- ba sed emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement.

Article 06. GENERAL PRO VISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial health, or safety.

Sec. 46.14.990. Definitions.In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a standard, other than an emission standard, adopted under AS 46.14.010 , 46.14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or temporaril y stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the trade of transporting cargo; in this subparagraph, "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(5) "commissioner" means the commissioner of environm ental conservation;

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court orders;

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

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used;

(12) "federal administrator" means the administrator of the United States Environmental Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009].(14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean

Air Act, sec. 112(b));

(15) "local air quality control program" means a program authorized under AS 46.14.400 to implement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification"

under ei ther 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source or physical change that meets the definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court orders;

(19) "operator" means a person or persons who direct, control, or supervise a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possessory interest in a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencies, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C.

7401

- 7671q (Clean Air Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a p erson who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated air pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, depending on the context in which the term is used;(27) "tank vessel" means a waterborne vessel, ship, or barge, whether or not self

- propelled,

that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading

(A) cargo in sealed drums, barrels, or other packages; or

(B) petroleum or petroleum products solely as fuel for use on that vessel;

(28) "TPY" means tons per year.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air Quality Control Regulations, As amended through July 25, 2008 (with register number )

.

See section 2.1 (b) for Lt. Governor’s filing memo dated June 25, 2008

.

Revision Table 200 9 , showing effective dates of individual sections of 18 AAC 50 and whether they are subject to SIP approval

.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through July 25 , 2008

### IMPORTANT NOTE TO READER

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

The regulations have an effective date of July 25 , 2008, are in Register 187 , and will appear

in off icial published form in the October 2008 Supplement to t he Alaska Administrative

Code.Register 187, October 2008 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

- 1 8 AAC 50.390) 4. User Fees (18 AAC 50.400

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

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

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

- 18 AAC 50.990)

Editor's not e: 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 50.1 10 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 replac ed provisions 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; Re gister 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 12 6, 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 187, October 2008 ENVIRONMENTAL CONSERVATION

2 Article 1. Ambient Air Quality Management.

Section 05. Purpose and applicabili ty of chapter 10. Ambient air quality standards 15. Air quality designations, classifications, and control regions

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

45. Prohibitions

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

- burning equipment

60. Pulp mills 65. Open burning

70. Marine vessel visible emission standards

75. Wood

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

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

- 7671q (Clean Air Act).

(b) The requirements of this chapter apply to any person who allows or causes air pollutants to be emitted into the ambient air. (Eff. 1/18/97, Register 141; am 10/1/2 004, Register 171)

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

AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concen tra tions of air pollutants in the ambient air, measured or predicted by an analyt ical method 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 wh en the expected number of days in a calendar year with a 24

-Register 187, October 2008 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 microgra ms 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 micro grams per cubic meter, with this standard being attained when the expected number of days in a calendar year with a maximum hourly average concentration above 235 micrograms per cubic meter is less than or equal to one day;

(5) for nitrogen dioxide: ann ual arithmetic 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 exceeded more than once each year; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive eight hours not to be exceeded more than once each year. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Regi ster 171)

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

AS 46.14.010

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

administrator as "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 qu ality does not meet the ambient standard for a particular airRegister 187, October 2008 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 area 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) repealed 6/24/2004

(2) for PM

- 10:

(A) Mendenhall V alley 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 four "air quality control regions" as follows:

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

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

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

(2 ) classified as shown in Table 1 in this subsection for each air pollutant for which the area is designated "unclassifiable" or "attainment."Register 187, October 2008 ENVIRONMENTAL CONSERVATION

5 Table 1. Air Quality Classifications

Classification Geographic Area

Class I areas Denali National Pa rk 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 requir ements 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, Regis ter 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 boundaries, the air quality control region boundaries , and the Class I area boundaries are depicted on maps in the state air quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003.

As of Register 154, July 2000, the regulations attorney under AS 44.62.125(b)(6) made a change in Table 1 at 18 AAC 50.015(c)(2), to correct a typographical error.

18 AAC 50.020. Baseline dates and maximum allowable increases . (a) In an area designat ed 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 187, October 2008 ENVIRONMENTAL CONSERVATION

6 Table 2. Baseline Dates

Air Qual ity 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 Regio n 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, 19 79

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 facility or modification tha t 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 quality,

(1) baseline date s 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 pollutant concentration

o ver 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 loca tion; and

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a method described in 18 AAC 50.215.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

7 Table 3. Maximum Allowable Increases

Classification of area

in 18 AAC 50.015(c)

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

CLASS I PM

- 10:

Annual arithmetic mean

............................ 24

- hour maximum

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

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

Sulfur dioxide:

Annual arithmetic mean

............................ 24

- hour maximum

................................ .... 3

- hour maximum

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

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

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

Nitrogen d ioxide:

Annual arithmetic mean

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

CLASS II PM

- 10:

Annual arithmetic mean

............................ 24

- hour maximum

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

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

Sulfur dioxide:

Annual arithmetic mean

............................ 24

- hour maximum

................................ .... 3

- hour maximum

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

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

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

Nitrogen d ioxide:

Annual arithmetic mean

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

CLASS III PM

- 10:

Annual arithmeti c 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.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

8 (e) For purposes of t his section, the baseline concentration of an air pollutant is

determined as follows:

(1) for PM

- 10 and sulfur dioxide, the baseline concentration is the ambient concentration of the air pollutant on the applicable baseline date, plus the contribution fr om allowable emis sions of a PSD major stationary source for which construction commenced be fore January 6, 1975, but that was not in opera tion by the base line date; however, the baseline

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

(2) for nitrogen dioxide, the baseline concentration is the ambient concen tra tion of the air pollutant on the appli cable baseline date, pl us 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 meaning 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. Visibility and othe r special protection areas. (a) Visibility special protection areas are established to prevent impairment of visibility. The following areas are designated visibility special protection areas:

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

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

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

(b) A wood smoke cont rol 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 meter of air.

The Me ndenhall Valley area of Juneau is designated a wood smoke control area.

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

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

- mile radius of the

intersection of 53 53' 4" N latitude and 166 32' 11" W longitude; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

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

Authority: AS 46.03.020 AS 46.1 4.010 AS 46.14.030

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

18 AAC 50.030.

18 AAC 50.030. State air quality control plan. Volumes II and III of the State Air Quality Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, a s amended through April 4 , 2008 , are adopted by reference. The plan includes the following documen ts which are also adopted by reference:

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

, April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 91

- 52;

(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 1 0, 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 , revised as of January 26, 2004; (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, Re gister 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, Register 186 ; am 7/25/2008, Regist er 187 )Register 187, October 2008 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 documents adopted by

reference in 18 AAC 50.030 may be reviewed at the department's Anchor age, 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 Bu rning Guidelines for Alaska , revised March 22, 2001;

(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 o

f Air Pollutant Emission Factors, Volume I: Stationary Point and Area

Sources , Fift h Edition with Supplements A

– F and annual updates

, as updated through

December 2007 ;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications

, EPA

- 45 4/R

- 99

- 005, February 2000 ;

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

- 450/4

- 87

- 007, May 1987;

(6) the department’s Summary Prepared by the Department of Environmental Conservation of Coastal Area Boundarie s 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, 2002;

(7) SCREEN3 Model User’s Guide, EPA 454/B

- 95

- 004, dated Se ptember 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 adopte d 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 187, October 2008 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, Stand ard Practice for Analysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240

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

(c) This subsection adopts the methods and procedures listed i n 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 method s 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, Stan dard Test Method for Sulfur Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552

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

(4) ASTM D 2622

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

- Ray Fluorescence Spectometry, approved April 10, 1998;

(5) ASTM D 4294

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

- Ray Fluorescence Spect roscopy, approved April 10, 1998;

(6) ASTM D 4045

- 99, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Hydrogenolysis and Rateometric Colorimetry, approved January 10, 1999;

(7) ASTM D 2492

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

(8) ASTM D 3176

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

(9) ASTM D 4749

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

(10) ASTM D 1140

- 97, Standard Test Method for Amount of Material in Soils Finer Than the No. 200 Sieve, approved May 10, 1997;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

12 (11) ASTM D 422

- 63 (Reapproved 1998), S tandard Test Method for Particle

Size Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629

- 96, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection, appr oved April 10, 1996;

(13) ASTM D 5762

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

- Inlet Chemiluminescence, approved December 10, 1998;

(14) ASTM D 4913

- 89( Reapproved 1995), Standard Practice for Determining

Concen tration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810

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

- of

- Stain Detector Tubes, a pproved April 29, 1988;

(16) ASTM D 6216

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

(17) ASTM D 4239

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

- Temperature Tube Furnace Combustion Methods, approved April 10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 1 0/1/2004, Register 171 ; am 12/3/2005, Register 176 ; am 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

Editor's note : The documents, procedures, and methods adopted by re ference in 18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of the EPA publication AP

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

- 5 285.

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

- 2959, p hone (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 refe rence as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of Information);Register 187, October 2008 ENVIRONMENTAL CONSERVATION

13 (2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil

- Fuel

- Fired Steam

Generators for Which C onstruction is Commenced After August 17, 1971);

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

(C) Subpart Db (Standards of Performance for Industrial

– Commercial

- Institutional Steam Generating Units);

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

– Commercial

- Institutional Steam Generating Units);

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

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

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

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

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

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

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

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

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

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

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

(P) Subpart Na (Standards of Performance for Seconda ry Emissions fromRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

14 Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983);

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

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

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

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

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

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

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

(X) Subpart LL (Standards of Performance for Metallic Mineral Process

ing Plants);

(Y) Subpart UU (Standards of Performance for Asphalt Processi ng and Asphalt Roofing Manufacture);

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

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

nals);

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

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

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

VOC from Onshore Natural Gas Processing Plants);

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

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

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems);Register 187, October 2008 ENVIRONMENTAL CONSERVATION

15 (HH) Subpart UUU (Standards of Performance for Calciners and Dryers in Mineral Industries);

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

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

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

(KK) the provisions of Subpart AAA (Standards of Performance for New Residential Wood Heaters), except that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the permanent label required by 40 C.F.R. 6 0.536;

(3) the provisions of Appendices A

- F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of May 16, 2007 , are adopted by reference as they apply

to a Title V source:

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

(2) the following subparts:

(A) Subpart E (National Emission Standard for Mercury);

(B) Subpart J (National Emission Standard for Equipment Leaks (Fugitive

Emiss ion 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, a nd Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operations);

(3) 40 C.F.R. 61.154;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

16 (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 Sourc e Categories), a s revised as of July 16, 2007 , are adopted by reference as they apply to a Title V source:

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

– (f)

(2) Subpart B (Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), except that

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

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

- 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 a pply 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 p romulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

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

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

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

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

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

(8) Subpart T (Halogenated Solvent Cleaning);

(9) Subpart Y (Marine Tank Vessel Loading Operations);

(10) Subpart CC (Petroleum Refineries);

(11) Subpart DD (Off

- Site Waste and Recovery Ope rations);

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

(13) Subpart HH (Oil and Natural Gas Production Facilities;

(14) Subpart II (Shipbuilding and Ship Repair);Register 187, October 2008 ENVIRONMENTAL CONSERVATION

17 (15) Subpart JJ (Wood Furniture Manufacturing);

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

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (Portland Cement Plants);

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and S ulfur Recovery Units)

(20) Subpart AAAA (Municipal Solid Waste Landfills);

(21) Subpart EEEE (Organic Liquids Distribution (Non

- Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines) ;

(23) Subpart ZZZZ (Stationary Reciprocating Internal Com bustion Engines) ;

(2 4) Subpart GGGGG (Site Remediation);

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

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

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

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

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

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

(31) Subpart QQQQ QQ (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 t hey 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 apply to a Title V source and for purposes of a Title V permit, are adopted by reference.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

18 (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 following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollut ants ), as revised as of July 1, 2007 , are adopted by

reference: (1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste Combustors Constructed on or Before September 20, 1994);

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

(3) Subpart HHH (Federal Plan Requirements for Hospital/Medical/Infectious

Waste Incinerators Constructed on or Before Jun e 20, 1996);

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before November 30, 1999);

(5) Subpart JJJ (Federal Plan Requirements for Small Municipal Waste

Combu stion 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) (Applicability Procedures);

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

(A) the following provisions are no t adopted, and the terms defined in those provisions have the meanings given in AS 46.14.990 and 18 AAC 50.990:

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

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

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

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

(ii) 40 C.F.R. 52.21(b)(5) (“stationary source”);Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

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

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

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

(C) the following provisions are not adopted, and the terms defined in those pr ovisions 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 Analysis);

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

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

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

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

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

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

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

(17) repealed 7/25/2008 ;

(18) repealed 7/25/2008 ;

(19) repealed 7/25/2008 ;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

20 (20) 40 C.F.R. 52.21(aa) (Actuals PALs) , except as follows: (A) mass balance calculations as authorized under 40 C.F.R. 52.21(aa)(12)(ii)( a ) are also acceptable fo r activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the

combustion of fuel.

(i) From the following provisions of 40 C.F.R. 51.165 (Permit Requirements ), as revised as of July 2, 2007 , text setting out provi sions 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 th e meanings given in AS 46.14.990:

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

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

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

(iv) 40 C.F.R. 51.16 5(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) (“construction”);

(B) the following provisions are not adopted, and the terms defined in those provisions have the meaning give n 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);Register 187, October 2008 ENVIRONMENTAL CONSERVATION

21 (6) 40 C.F.R. 51.165(a)(6) (Projected Actual Emissions);

(7) repealed 7/25/2008 ;

(8) repealed 7/25/2008 ;

( 9) repealed 7/25/2008 ;

(10) 40 C.F.R. 51. 165(f) (Actuals PALs) , except as follows:

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

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

comb ustion of fuel.

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits ), as revised as of July 2, 2007 , are adopted by reference, except as 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 Rev iew);

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

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

- (h) and (j)

- (k) (Administrative Record, Public Participation, and Administrative Review). (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/200 0, 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 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010Register 187, October 2008 ENVIRONMENTAL CONSERVATION

22 Editor's note : The federal sta ndards adopted by reference in 18 AAC 50.040 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emission standard that is not at a stationary source subject to a T itle V permit should contact the United States Environmental Protection Agency.

18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air to comply with this chapter, except that dilu tion air may be used at a sulfur recovery plant wi th 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 ensu re that the stationary source complies with this chapter and any other applicable local, state, or federal law.

(c) A person may not construct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or that will inter fere with the attainment or maintenance of ambient air quality standards. (d) A person who causes or permits bulk materials to be handled, transported, or stored, or who engages in an industrial activity or construction project shall ta ke reasonable precautions to prevent particulate matter from being emitted into the ambient air.

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

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

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

conditions or am bient concentrations of that air pollutant; or

(3) increasing 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 origin al discharge temperature after use of an emission control system;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(3) combining the ex haust 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 emissions of the controlled air pollutant; or

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

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

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

conse cutive minutes.

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

matter standard listed for that incinerator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for Incinerators

Incinerator Parti culate Matter Standard

Rated capacity less than 1

, 000 pounds per hour No limit

Rated capacity greater than or equal to 1

, 000 but

less than 2

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

and sta n 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 incinerat or that burns waste containing more than 10 percent wastewater treatment plant sludge by dry weight from a municipal wastewater treat

ment 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 )Register 187, October 2008 ENVIRONMENTAL CONSERVATION

24 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. 6/21/9 8, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.055. Industrial process es and fuel

- burning equipment. (a) Visible emissions, 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 op eration 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

dail y 24

- hour average of five

- second measure ments by continuous opacity moni tor ing instru

mentation approved by the depart ment and that con forms to Perfor mance Specifica tion Number 1 in 40 C.F.R. Part 60, Ap pendix B, adopted by reference in 18 AAC 50.0 40;

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt plant con structed or modified after June 11, 1973;

(5) 20 percent or greater averaged over any six consecutive minutes for process emissions, other than from a pneu matic 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 consecu tive minutes for a kiln constructed or modified at a portland ce ment plant after November 1, 1982; and

(9) more than 20 percent for more 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 cleaning, or other routine maintenance activities specified in an operating permitRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

25 issued under this chapter;

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

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

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

successive 15

- second period;

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

standards for PM

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

PM

- 10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationary source

- specific

revisi on to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity limit otherwise applicable under

this section.

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

- 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 million Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in opera tion befor e 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 mod ified after June 11, 1973;

or (6) 0.04 grains for a urea prilling tower.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

26 (c) Sulfur

- compound emissions, expressed as sulfur dioxide, from an industrial process

or from fuel

- burning equipment may not exceed 500 ppm averaged over a peri od of three hour s, 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 ca talyst regenerator

(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 b oiler; 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 day

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

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

(3) for fuel

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

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

trolled emissions that would result from burning fuel gas containing 230 milligrams hydro gen sulfide per dry standar d cubic meter;

(B) for fuel

- burning equipment that does not burn fuel gas, 500 ppm;

(C) for fuel

- burning equipment that burns a combination of fuel gas and other fuels, a concentration based on the 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, emissions from the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

( 1) for a thermal drying unit, 70 milligrams of 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 perRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

27 cubic meter of ex haust gas at standard cond itions.

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

(1) for a clinker cooler, 0.050 kilograms of 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.

(g) Release of materials other than process emis sions, products of combustion, or

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

or modi fied after November 1, 1982, is prohibited, except as authorized by a construction permit, Title V permit, or air quality control permit issued before October 1, 2004. (Eff. 1/18/97, Reg ister 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 systems, and recovery systems. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SL A 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 thi s section and shall ensure that

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

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

(3) natu ral or artificially ind uced draft is present;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(5) combus tibles 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, or other materials in a way that gives off black smoke is prohibited without written department approval. Departmen t approval of open burning as an oil spill response countermeasure is subject to the department's In Situ Burning Guidelines for

Alaska , adopted by reference in 18 AAC 50.035. Open burning approved under this subsection is subject to the following 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 means available to recycle, reuse, or dispose of

the fluids in a more environ mentally ac ceptable manner;

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

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

(3) the department will, in its discretion, as a condition of approval issued under

this sub section, require public notice as described in (j) of this section.

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

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

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

(e) Air Quality Advisory . Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.2 45, stating that burning is not permitted in that area for that day. This advisory will be based on a determination that there is or is likely to

be inade quate air ventilation to main tain the standards set by 18 AAC 50.010. The department

will make rea sonable efforts to ensure that the advisory is broadcast on local radio or television.

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

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

(g) Control led Burning . Controlled burning to manage forest land, vegetative cover, fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires writ ten department approval if the area to be burned exceeds 40 acres yearly. The departme nt will, in its discretion, require public notice as described in (j) of this section.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

circumstances:

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

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

(B) visually identify materials in the structure that might contain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;

(C) ensure that the structure does no t contain

(i) putrescible garbage;

(ii) electrical batteries;

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

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

(v) hazardous waste;

(vi) lead piping;

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

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

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

(E) ensure that a fire

- service representative is on

- site before igniting the

structure;

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

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

section.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

30 (i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the

de partment, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefighter training without ensuring maximum combustion efficiency. To conduct this training without prior written department approval , the fire service shall

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

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

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

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

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

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

(4) for a surprise fire drill, state

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

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

(5) for open bu rning 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) the name, address, and telephone number of each person who complained;

(B) a short summary of each complaint; and

(C) any action the person conducting the open burning took to respond to each complaint; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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

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

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

(A) three minutes in any one hour; a nd

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

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

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

(B) visibility may be reduced by up to 100 pe rcent for periods ag gregating no more than nine minutes during that hour;

(3) during the hour immediately before the completion of all maneuvers to anchor or make fast to the shore, visibility may be reduced under one, but not both, of the following 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 periods 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; orRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

32 (2) visible emissions that exceed 50 percent opacity for more than 1 5 minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245.

(b) A person may not operate a wood

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

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a provision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the O rdinance of the City and Borough of Juneau, Alaska, Serial No. 91

- 52, adopted by reference in 18 AAC 50.030. (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 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate an industrial process, fuel

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

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

AS 46.14.010

18 AAC 50.085. Volatile liquid storage tank emission 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 t he specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040;

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

- hour average), as specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030; or

(4) a system that the department determines is as effective as those describ ed in (2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsec

tion.

(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 theRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

33 atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after

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

(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1)

- (4) of this section, shall, no later than the first time on or after June 1, 1995 that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing

conservation ve nts on the tank as specified in the document referred to in (a)(3) of this section.

(d) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the document referred to in (a)(3) o f this section to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment;

( 2) repair any deficiencies detected;

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

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

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

AS 46.14.010 AS 46.14.030

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

18 AAC 50.090. Volatile liquid loading racks and delivery tank emission 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 system and liquid product loading equipment that

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

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

- laden delivery tanks;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

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

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

- hour average); or

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

ment's Air Quality Compl iance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in

18 AAC 50.030;

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

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

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

- laden delivery tank

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

(B) has been certified vapor

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

(3) preventing leaks in the vapor collection system or liquid loading equipment that result in the release of a volatile liquid organic or a volatile organic vapor in a concentration 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 an nual 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 ;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

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

vapor

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

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

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

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

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

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

(iv) the marking must be “V

– month/year”;

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

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

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

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

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

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

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993Register 187, October 2008 ENVIRONMENTAL CONSERVATION

36 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 n onroad engines are not included when determining 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. (Ef f. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.14.020

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

Authority: AS 46.03.020 AS 46.03.710Register 187, October 2008 ENVIRONMENTAL CONSERVATION

37 Article 2. Program Administration

.

Section 200. Information requests

201. Ambient air quality investigation

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

220. Enforceable test methods

225. Owner

- requested limits 230. Preapproved limits 235. Unavoidable emergencies and malfunctions

240. Exce ss emissions 245. Air episodes and advisories 250. Procedures and criteria for revising air quality classifications 260. Guidelines for best available retrofit technology under the regional haze rule

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

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

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

AS 46.14.020

18 AAC 50.201. Ambient air quality investig ation . (a) Upon a finding by the department that emissions from an existing stationary source have a reasonable likelihood of causing or significantly contributing to ambient concentrations of one or more air pollutants that exceed an ambient air quality standard, maximum allowable increase, or the limitations of 18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the effect of the stationary source’s emissions of those air pollutants on ambient air or on the

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

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

as a source

- specific permit condition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the affected owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given theRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(c) Wh en 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 imp act 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 pro visions of this section do not limit the department’s ability to require or conduct ambient air quality analysis or control under the construction permit program established under AS 46.14.120 and this chapter. (Eff. 1/18/97, Register 141; am 10/1/2004, R egister 171)

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

AS 46.14.020 AS 46.14.120

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or com

pliance certification required by the department under a permit program established under AS 46.14 or this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that t he statements and information in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signature on an electronic application or other electronic record required by the department under a permit pro gram established under AS 46.14 or this chapter if

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

(2) the person providing the electronic signature has made an agreement, with the

cert ifying authority described in (1) of this subsection, that the person accepts or agrees to be bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 09.25.510 AS 46.1 4.020 AS 46.14.140

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

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 187, October 2008 ENVIRONMENTAL CONSERVATION

39 18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall

obtain the data in accordance with

(1) the department's Alaska Quality Assurance Manual For Ambient Air Quality

Monitor ing , adopted by reference i n 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 i n 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, verifia ble, 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 concent rations and impairment to visibility are based on applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models) , adop ted by reference in

18 AAC 50.04 0 (f) ; and

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

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

new or modified so urce; and

(B) the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources included in the

baseline concentration.

(c) Except as provided in (e) of this section, a person may substitute or modify an air quality model referenced in (b) (1) of this section only after

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

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

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

.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

40 (d) Table 5 establishes the sig nificant impact level, expressed as micrograms 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 consid ered to cause or contribute to a violation of an ambient air quality standard or

maximum allowable increase for a Class II area.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic meter)

Annual Averagi ng 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

(e) A person may us e the SCREEN3 dispersion model, without meeting the requirements 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 depart ment 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 wh ich 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 187, October 2008 ENVIRONMENTAL CONSERVATION

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

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

and (2) at the maximum rated burning or operating capacity of the emission unit or

anoth er rate determined by the department to characterize the actual discharge into the ambient

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

(1) exce pt as provided in (2) of this subsection,

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

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

(C) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F.R. Part 63, adopted by reference in 18 AAC 5 0.040(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 quality control p lan, 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 waste combustor o rganics, 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. Pa rt 51, adopted by reference in 18 AAC 50.035;

(2) emissions of any air pollutant may be determined using an alternative method approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, adopted by reference in 18 AAC 50 .040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus the excess air volume normal for the specific source type, corrected to standard conditions.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

42 (d) In deciding wh ether 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

accu rate data or calculations;

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

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

(e) The owner, operator, or permittee shall submit the results of testing conducted und er 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 50.0 55, the three

- hour average is determined using the average of

three one

- hour test runs. The source test must account for those emissions caused by soot blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test

run includes the emissions caused by the routine maintenance activity and is conducted under conditions that lead to representative emissions from that activity. The emissions must be

quantified using the following equation:

Where:

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

cubic foot (gr/dscf).

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

E NM = the arithmetic average of particulate emi ssions 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 a n 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 the nearest hun dredth 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 1993Register 187, October 2008 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

- specific allowa ble emissions; and

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

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

(1) a completed stationary source identification form;

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

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

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

calculation o f 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 cl assifications under AS 46.14 and this chapter, a description, and if necessary an application, for the remaining classifications;

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

(9 ) a cert ification, 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 complete

.

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

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

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

(d) If the department m akes 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 187, October 2008 ENVIRONMENTAL CONSERVATION

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

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

(A) the name and address of the appli cant and the location or proposed location of the stationary source;

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

(C) a statement that the department will accept public comment on the proposed l imit 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 so urce, the materials submitted by the owner or operator and a copy of the proposed limit;

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

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

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

(1) describes the terms and conditions of the approval, including specific testing,

monitor ing, recordkeeping, or reporting requirements;Register 187, October 2008 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

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

(1) obtains a new limit that allo ws 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 limits for

cer tain stationary sources that become effective the day after the department receives a request containing all the required information. Under these "preapproved" emission limits or PAELs, no additional department approval is required. The owner and operat or 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 dieselRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

46 engines may be established by restricting the amount of fuel that may be burned in an engine. To implement these limits, the owner or operator shall

(1) submit to the depar tment a letter or form containing

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

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 12 months;

(D) a calculation of the nitrogen oxides, in tons per year, t hat 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 estim ate of the potential to emit nitrogen oxides, in tons per year, from all emission units at the stationary source that are not listed under (B) of this paragraph;

(F) a calculation of the stationary source’s total potential to emit nitrogen oxides, determ ined 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 i nformation 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 t hose 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

-Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(B) record the amount of fuel consumed in the equipment listed under (1)(B) of this subsection each month and calculate the total fuel consumed in the equip

ment during the preceding 12 months;

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

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

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

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

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

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

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

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

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;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

48 (C) keep all receipts for fuel sales and all records under (B) of this paragraph available for department inspection for at le ast five years; and

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

(e) The owner or operator may terminate a limit under this section by notifying the department, in writing, of the proposed date for termination of the limit. On and after the proposed date, the limit is no longer in effect unless the limit made it possible for the owner or operator to avoid any preconstruction review procedures or to av oid 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 construction pe rmit 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 p reconstruction 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, Regis ter 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

emergency, m alfunction, 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 no tice to the appropriate department office within two working days after the event commenced or was discovered; notice under this paragraph must include aRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

49 description of the event, the cause of the event, steps taken to mitigate emissions, and corrective

me asures taken or to be taken.

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

demonstrate that

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

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

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

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

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

(1) if it arises from a sudden and reasonably unforeseeable event beyond the

perso n'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 operator err or. (Eff. 1/18/97, Register 141;

am 6/14/98, Register 146; 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

18 AAC 50.240. Excess emissions. (a) In an enforcement action, the owner, operator, or permittee has the burden o f 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 unav oidable must be reported to the department as soon as possible. Unless otherwise specified in the stationary source's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive meas ures to be

taken to minimize or eliminate the chance of recurrence.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

th at (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 reasonable design, better scheduling for maintenance, or better operation and maintenance practices.

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

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

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

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

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

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

AS 46.14.030

18 AAC 50.245. Air episodes and advisories. (a) The departme nt 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 su bsection.Register 187, October 2008 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 predict ed to exceed 92 (24

- hour average), and to continue to increase beyond the concentration that triggered the air alert

Carbon monoxide 34,000 (8

- hour average) {30 ppm}

(b) The department will declare an air quality advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advisory under (b) of this section, the department willRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

52 (1) request voluntary emission curtailments from any person iss ued 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)

Authority: AS 4 6.03.020 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 geographic al 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 co ordinate any public meetings or hearings conducted under (e) of this section with those conducted under AS 44.62.180

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

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

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

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

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

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

in that areaRegister 187, October 2008 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 been proposed, would be subject to this chapter and

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

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

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

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

(1) for any change,

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

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

(C) the department must have notified each affected federal land manager of the proposed change and provided at least 3 0 days to comment on the report described in (d) of this section;

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

(E) the commissioner must have determined that

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

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

(2) for any change to the classification o f 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 187, October 2008 ENVIRONMENTAL CONSERVATION

54 (3) for a reclassification of an area to Class III, the change must meet the applicable requi rements of 42 U.S.C. 7474, adopted by reference as amended through

December 19, 1996.

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and adopted by reference. (Eff. 1/18/97, Re gister 141; am 10/1/2004, Register 171)

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030

AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retrofit technology under the regional

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

( 1 ) 40 C.F.R. 51.301, as amended through July 1, 2006 , except that

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

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

18 AAC 50.990:

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

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

(2) 40 C.F.R. Part 51, Appendix Y (guidelines for BART determinations under

the regional haze rule), as revised as of July 1, 2007.

(b) Sources subject to BART shall be identified consistent with Section III of the BART guideline. No later than 5 days after December 30, 2007 , the Department shall notify the owner or operator of each source subject to BART in wr iting 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 so urce subject to BART shall comply with (d) through (h) and ( l ) through (o) of

this section.

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

(1) the owner or operator shall:Register 187, October 2008 ENVIRONMENTAL CONSERVATION

55 (A) notify the department no later than 10 days after the la tter of December 30, 2007 or notification under (b) of this section that they intend to request exemption from BART through visibility impact analysis modeling; and

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

(2) no later than 30 days after receiving a submissio n 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 ow ner or operator shall

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

(B) submit the visibility impact analysis report, including all supporting documentation, to the department no later than 60 days after the depar tment approves a modeling protocol for the visibility impact analysis; if a modeling protocol is submitted and approved prior to December 30, 2007 , the visibility impact analysis report required under this section shall be submitted no later than 90 days a fter 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 a nticipated to cause or contribute to any impairment of visibility in a Class 1 Area identified in the notice provided under (b) of this section;

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

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

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

- requested

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

– (o) of this section;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

56 (6) the department will notify the owner or operator, the Environmental Protection Agency, and each affected federal land manager, in writing, of a department approval or disapproval under this subsection; if the decision is to approve an exemption, either through visibility impact analysis or an owner

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

- eligible source.

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

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

(1) approve the modeling protocol ; or

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

.

(e) For purposes of analyzing the visibility impact from potential control technologies, the owner or operator of each source subject to BART shall subm it 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 operato r 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 f or purposes of BART are SO 2 , NO

x , and PM 10

.

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

(h) A visibility impact analysis must:

(1) use an identical modeling approach for comparing the pre

- control and post

control impact s of potential BART controls ;

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

, between the current or pre

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

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under theRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

57 Regional Haze Rule , EPA

- 454/B

- 03

- 005, dated September 2003 and adopted by reference, at

each Class I area identified in t he notice under (b) of this section.

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

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

States

, date d 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 analysi s of control options for a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or operator. The owner or operator shall provide such information no later

than the deadline established by the department.

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

BART determination , the department will include:

(1) the pollutant

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

(2) the monitoring, record

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

, adopted by reference

in 18 AAC 50.040 (j) ;

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

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

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sent notice by postal mail instead o f electronic mail, the department will send the notice by postal mail;

(2) the department will hold a public hearing only if one is requested within 15 days after publication of the notice

.

( l ) Within 15 days after the deadline for receipt of public comments, and 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 federalRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

58 land manager , and any person who commented on the pr eliminary BART determination. In t he

final BART determination , the department will include

(1) the pollutant

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

(2) the monitoring, record

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

, adopted by reference

in 18 AAC 50.040 (j)

.

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

– 18 AAC 15.340.

(n) As expeditiously as practicable, but in no case more than five years after the date of EPA approval of the regional haze state implementation pl an 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 re quired to install control equipment to comply

with the BART determination shall:

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

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

methods set out in the final BART determination

.

(p) Department services under this section are designated regulatory services for preapplication assistance and will be billed to the operating permit covering the sou rce 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 reference in (a) of this

section.

(4) “cause or contribute to impairment of visibility” means to release emissions that produce a 0.5 or greater change in the daily deciview when compared against natural conditions; for the purposes of this paragraph, “natural conditions” includes natural lyRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

59 occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration;

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

(6) “existing statio nary 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 g reatest relative change in visibility between

pre

- BART controls and post

- BART controls for purposes of this section;

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

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

184 )

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

AS 46.14.020 AS 46.1 4.030

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 BAR T 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 Depar tment of Environmental Conservation, Air Quality Division at (907) 465

- 5100.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

60 Article 3. Major Stationary Source Permits.

Section 300. (Repealed) 301. Permit continuity 302. Construction permits 305. (Repealed) 306. Prevention of significant det erioration (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 pollutants 320. (Repealed)

321. Case

- by

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

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

18 AAC 50.301. Permit continuity. (a) An air quality permit that is eff ective 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 187, October 2008 ENVIRONMENTAL CONSERVATION

61 (3) is replaced by a permit issued under this 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 th e 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 46.1 4.130 AS 46.14.280

AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a construction permit before beginning actual construction of a new major stationary source, a major modification, a PAL major mo dification, or a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or operator must obtain one or more of the following types of construction permits, as a pplicable:

(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 permit incorporating all applicab le 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 permit 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 significant deterioration (PSD) per mit under this section before beginning actual construction of a new major stationary source, a major

modificatio n, or a PAL major modification.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

62 (b) To satisfy the requirement of (a) of this section, the owner or operator must comply with the requireme nts 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 reference 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 exempti ons:

(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 mot ion 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 permit application designated for

i ntegrated review will be processed in accordance with procedures and deadlines described in

18 AAC 50.326.

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

conditions

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

(A) install, use, and maintain monitoring equipment;

( B) sample emissions according to the methods prescribed by the department, at locations and intervals specified by the department, and by proceduresRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

63 specified by the department;

(C) provide source test reports, monitoring data, emissions data, and

infor mation from analysis of any test samples;

(D) keep records; and

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

– 18 AAC 50.240; and

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

– 18 A AC 50.420.

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195

– 18 AAC 15.340. (Eff.10/1/2004, Register 171 ; am 7/25/2008, Register 187 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

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

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

(1) for the nonattainment air po llutant, 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 othe r stationary sources within the nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) description of the proposed reductions in actual emissio ns 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,Register 187, October 2008 ENVIRONMENTAL CONSERVATION

64 a complete application for a minor permit under 18 AAC 50.508(4); and

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

(2) a demonstration that other stationary sources owned or operated by the applicant within the sta te are in compliance with

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

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

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

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

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

reference in 18 AAC 50.040.

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

terms and conditions

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

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, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analysis of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions, and reports consistent wi th 18 AAC 50.235

– 18 AAC 50.240; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

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

– 18 AAC 50.420. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170

AS 46.03.850 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140

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

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

(1) constructing a new major source of hazardous air pollutants subject to that standard;

(2) reconstructing a major source of hazardous air pollutants subject to that standard; or

(3) reconstructing a major source of haza rdous 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

refer ence in 18 AAC 50.040, means “department” for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit required under this section must be prepared and submitted in accordance with 40 C.F.R. 63. 5(d), adopted by reference in 18 AAC 50.040. After receiving a complete application,

(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 th e permit only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference in 18 AAC 50.040, are met;

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

(A) after consulting with the applicant, the department will specify dates by which the applicant must submit any additional informa tion under this paragraph;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(i) make a preliminary decision to approve or approve with conditions; or

(ii) take a final permit action and deny the permit application fo r

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 accor dance 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 w ithin the area known or expected to be affected by the stationary source as proposed;

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

(d) Permit Content. In a permit un der this section, the department will include terms

and conditions that

(1) reference specific applicable requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporting in accordance with 18 AA C 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 46.14.140Register 187, October 2008 ENVIRONMENTAL CONSERVATION

67 18 AAC 50.320. Construction permits: content and duration. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.321. Case

- by

- case maximum achievable control technology

determina tions. (a) Purpose. This section implements EPA requirements for case

- by

- case maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40

- 63.44, adopted by reference in

18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has been specifically r egulated or exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of this sectio n.

(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 Ac t, sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as defined in 40 C. F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous air pollutants unless the department has made a

final and effective case

- by

- case determination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation

for new sources.

(e) Pr ocedures 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 pract icable, 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 de finitions of 40 C.F.R. 63.41 are adopted by reference, except that “permitting authority” means the department;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

68 (2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A , except that “construction,” “emission standard,” “fugitive emissions,” “hazardous air pollutant,” “operator,” “owner,” “potential to emit,” and “stationary source” have the meanings given in AS 46.14.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Reg ister 172)

Authority: AS 46.14.010(a) AS 46.14.020

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. E x cept 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 definit ions 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 pr econstruction 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 se ction;

(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 d epartment 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. App lication 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 operatorRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

69 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 planning a modification that requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I and Title V permits, in which the department will consolidate all required public notices, hearings, and comment periods; the a pplicant 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 opti on, 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 pr ocedures of this section; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications

– insignificant emission units. The provisions in 40 C.F.R. 71.5(c)(11) for insignificant emission units and activities do not apply and are replaced by (d)

- (i) of this section. Emission units and activities described in (e)

- (i) of this section are insignificant and need not be included in an operating permit application except as follows :

(1) an emission unit is not insignificant and must be included in an operating permit application if the emission unit is subject to

(A) a federal requirement adopted by reference in 18 AAC 50.040(a)

- (d);

(B) an emission unit

- specific requirem ent 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 limitation;

(2) the applic ation must list each requirement of 18 AAC 50.040(e),

18 AAC 50.050

- 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to insignificant emission units at the stationary source;

(3) the application must list each emission unit at the station ary source that is identified as insignificant under (e) or (g) of this section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriately listed as insignifi cant;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(5) the application must include compliance certification based on reasonable inquiry for insignificant emission units; a compliance certificat ion made during the permit term according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant emission units;

(6) the application must propose conditions for monitoring, record keeping, and reporting if the conditions are necessary to assure compliance with requirements identified in (2)

of this subsection.

(e) Applications

– insignificant emission units: emission rate basis. Except as provided in (d) of this section, an emission unit is insignificant based on emission rate if its actual emissions of each air pollutant are less than the rates listed in (1)

- (15) of this subsection. If requested by the department, an applicant or permittee shall demonstrate that an emission unit listed as insignificant under this subse ction 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 le ad;

(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 tot al

tetra

- through octa

- chlorinated dibenzo

- p

- dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate

matter; (13) two TPY of municipal waste combustor acid gases, measured as Sulfur dioxide and hydrogen chloride;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

71 (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 n ot listed in (1)

- (14) of this

subsection.

(f) Applications

– insignificant emission units: category basis. Except as provided in (d) of this section, the following categories of emission units are insignificant:

(1) mobile transport tanks on vehi cles, 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 i f 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 requireme nts of 18 AAC 50.045(d) or 18 AAC 50.055;

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

(5) vents from continuous emissions monitors and other analyzers;

(6) sampling connections used exclusively to withdraw mat erials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipm ent;

(10) individual laboratory hoods;

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

(12) comfort air conditioning;

(13) maintena nce 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 ofRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

72 the stationary source, and do not otherwise require a per mit revision; this category does not include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal combustion engines used to provide electric power or heat;

(14) portable solid waste containers such as dumpster s for municipal solid waste or office wastes;

(15) structural changes that do not give rise to air pollutant emissions; this category does not include emissions from construction activities;

(16) portable welding, brazing, cutting, and soldering oper ations used in incidental maintenance;

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

(18) food preparation for human consumption including cafeterias, kitchen facilities, and barbecues located at a sou rce for providing food service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations;

(21) washers, dryers, extractors, and tumblers for fabrics using water solutio ns 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 s ource’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 wastewater treatment facilities;

(28) cleaning and sweeping of streets and paved surfaces;

(29) fuel and exhaust emissions from vehicles in parking lots;

(30) flares used to indicate danger to the public;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

73 (31) firefighting and similar safety equipment and equipment used to tr ain firefighters not subject to 18 AAC 50.065;

(32) non

- commercial smokehouses;

(33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and stora ge 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 cu ring processes;

(42) hand

- held applicator equipment for hot melt adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes;

(46) hand

- held equipment for buffing, polishing, cutting, drilling, sawing,

gr inding, 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 exclusively to slaughter animal s; 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 (d eaeration) of water;

(51) pulse capacitors;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

74 (52) laser trimmers using dust collection to prevent fugitive emissions;

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

(54) Carbon dioxide lasers used only on metals and o ther materials that do not emit hazardous air pollutants in the process;

(55) photographic process equipment by which an image is reproduced upon material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this category does not apply to manufacturing or rebuilding faci lities;

(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 cham bers 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) proces s 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;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

75 (72) winders;

(73) chipping;

(74) debarking;

(75) pulp mill sludge dewatering and handling;

(76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devices and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical cir cuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam

- heated drying ovens or autoclaves, excluding the articles or substances being processed in the ovens or autoclaves and the boilers delivering the steam;

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

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

(83) natural gas pressure regulator vents; this category does not include venting at oil and gas production facilities;

(84) lubricating pumps, sumps, and systems;

(85) well serv ice 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 equipment lubricating sumps;

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

(89) skimmer pits, oil

- water separators, and maintenance of filter separators;

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater conveyance facili ties;

(91) site assessment work, including the evaluation of waste disposal or remediation sites;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

76 (92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;

(94) vent emission from gas streams used as bu ffer or seal gas in rotating pump and compressor seals;

(95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment;

(97) pipeline maintenance pigging activities;

(98) truck , car, or aircraft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean

- out of tanks and equipment for the purpose of worker entry or in preparation for maintenance or decommissions;

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

(101) portable electrical generators that can be moved by hand from one location to another;

(102) natural gas and liquefied petroleum gas (LPG) vehicle fleet fueling facilities;

(103) military field exercises, except emissions from permanent stationary

sources;

(104) fire suppression;

(105) storage of water

- treating chemicals to be used in a drinking water system or a boiler water feedwater system.

(g) Appl ications

– insignificant emission units: size or production rate basis. Except as provided in (d) of this section, the following emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage tanks and storage vessels with

less than a 260

- gallon capacity (35 cubic feet), with lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage tanks with not greater thanRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

77 1,100

- gallon capacity, with lids or other closure not for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liquid storage with 10,00 0

- gallon capacity or less, with lids or other closure and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum

g as (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 unde r this paragraph do not include internal combustion engines;

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under this paragraph do not include internal combustion engines;

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per hour using kerosene, No. 1 fuel oi l, or No. 2 fuel oil; emission units under this paragraph do not include internal combustion engines;

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per hour if burning used oil; emission units under this paragraph do not inc lude 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 u sing not more than 50 pounds per day of welding rod;

(11) foundry sand molds, unheated and using binders with less than 0.25 percent free phenol by sand weight;

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

(13) printin g 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 cooling towers and po nds that have a capacity not greater than 10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not

use chromium

- based corrosion inhibitors;

(15) combustion turbines rated at less than 160 horsepower;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

78 (16) batch distillation equipment with a batch capacity not greater than 55 gallons and used only for solvents that do not contain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square feet of air

- vapor interface; and

(B) using sol vent

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

(ii) with a vapor pressure not more than 30 millimeters (mm) of mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than two gallons per day of formulations not

containin g hazardous air pollutants;

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

(20) cleaning and stripping activities and equipment us ing solutions having less than one percent volatile organic compounds (VOCs) by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other closures used exclusively to pump, load, unload, or store o rganic material that has an initial boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(22) surface coating, aqueous solution, or suspension containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water

- based lubricants for metal working if the organic content of the lubricant is less than 10 percent;

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

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

(h) Applications

– insignificant emission units: case

- by

- case basis. This subsection

li sts emission units or activities that may be insignificant on the basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard

under 18 AAC 50.050

– 18 AAC 50.090 must be listed on t he permit application. Except as provided in (d) of this section, the department may determine the following emission units to beRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

79 insignificant on a case

- by

- case basis:

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water

Polluti on 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 applications:

(1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and

(3) agricultural activities on the property of a stationary source that are not subject to review by the department und er 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502 and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions issued under this section will be developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except

as follows:

(1) with respect to any fee requirement or reference, the applicable provisions of

18 AAC 50.400

– 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will include the exp iration date in the permit; the permit duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this section will also be subject to the standard operating permit cond itions 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)(i ii)(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) a nd 46.14.180, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chapter;

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not federally enforceable unless required by the Clean Air Act; that t erm or condition is not subject to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify eachRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

80 term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry require ments 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 department will est ablish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this section will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests that the department send the notice by postal mail, the department will send the notice to the person by postal mail;

(2) the dep artment will only issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after the 45

- day review period in AS 46.14.220 and the department has not issued the final permit, the department will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising the objection during the public comment period was impracticable or that grounds for the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegated does not apply, including the phrase “in the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the phrase “When a pa rt 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 decis ion 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 asRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

81 prescribed in 18 AAC 15.195

– 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an application, the department will include the reasons for denial; (7) the department will keep for five years any record and submit to the federal

ad ministrator any information that the federal administrator may reasonably require to ascertain whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661

– 7661f (Title V, Clean Air Act).

( l ) Significant permit modificat ions. If an existing Title V permit prohibits construction or a change in operation for which a permit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain,

in accordance with 40 C. F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant permit modification to the Title V permit before commencing operation that incorporates the construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: A S 46.03.020 AS 46.14.140 AS 46.14.190

AS 46.14.010 AS 46.14.150 AS 46.14.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

18 AAC 50.330. Operating permits: exemptions . Repealed. (Eff. 1/18 /97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335. Operating permits: application . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6 /14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction and operating permits: standard permit conditions. (a) Subsections (b)

– (o) of this section set out standard permit conditions that the department will include in eac h operating permit. The department may include the conditions set out in (c)(1) and (2) and (d)

– (o) of this section in each construction permit. The conditions set out in (m)

– (o) of this section do not apply to visible emissions observations by smoke readers, except in connection with required particulate matter testing.

(b) Compliance with permit terms and conditions is considered to be in compliance with those requirements that are

(1) included and specifically identified in the permit; orRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

82 (2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance with a permit term or condition constitutes a violation of AS 46.14, this chapter, and, except for

those terms or co nditions designated in the permit as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, or modification in accordance with AS 46.14.280; or

(3) denial of an o perating permit renewal application.

(d) It is not a defense in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a permit term or

condition.

(e) Each permit t erm and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee fo r modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.

(h) The permittee shall allow the department or an inspector authorized by the department, upon presentation of credentials and at reasonable times with the consent of the
owner or operator to

(1) enter upon the premises where a source subject to the pe rmit 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 the department requests in writing to det ermine whether cause exists to modify, revoke and reissue, or terminate the permit or to determine compliance with the permit. UponRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

83 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 all reports, compliance certifications, or other documents submitted to the department and required under the permit by i ncluding the signature of a responsible official for the permitted stationary source following the statement: “Based on information and belief formed after reasonable inquiry, I certify that the statements and

information in and attached to this document are true, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other documents must be certified upon submittal.

(k) In addit ion to any source testing explicitly required by the permit, the permittee shall conduct source testing as requested by the department to determine compliance with applicable permit requirements.

( l ) The permittee may request an extension to a source tes t deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department’s appropriate division director or designee.

(m) Before conducting any source tes ts, 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 operate during the test and how the permittee will docum ent that operation. The permittee shall submit a complete plan within 60 days after receiving a request under (k) of this section and at least 30 days before the scheduled date of any test unless the department agrees in writing to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source test, the permittee shall give the department written notice of the date and the time the source test will begin.

(o) Within 60 days after completing a source test, the permittee shall submit two copies

of the results in the format set out in the Source Test Report Outline , adopted by reference in 18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section.

If requested in writing by the department, the permittee must provide preliminary results in a shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

18 AAC 50.346. Construction and operating permits: other permit conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit

- specific or stationary source

- specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. TheRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

84 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 condit ions listed in this subsection, unless the department determines that emission unit

- specific or stationary source

specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Title V sourc e 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 August 25, 2004;

(2) Standard Permit Condition III

– Excess Emissions and Permit Deviation Reports, as revised as of August 25, 2004;

(3) Standard Permit Condition IV

– Notification Form, as revised as of August 25, 2004;

(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 Reports, as revised as of August 25, 2004.

(c) Unless the department determi nes that emission unit

- specific or stationary source

specific 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

emissio n unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

85 

## Table 7

Emission Unit or Activity Standard Permit Condition

- Gas

- fired fuel burning equipment, except

flares St andard Operating Permit Condition

VIII

– Visible Emissions and Particulate Matter Monitoring Plan for Gas

- Fired Fuel Burning Equipment, August 25,

2004

– Stationary diesel engines

– Liquid

- fired stationary turbines

– Other liquid

- fired fuel burning equipme nt Standard Operating Permit Condition

IX

– Visible Emissions and Particulate Matter Monitoring Plan for Liquid

- Fired Sources, August 25, 2004

– Coal fired boilers

– Coal handling equipment

– Construction of gravel pads or roads that are part of a permitte d 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

met hods to handle the ash

– Mines

– Urea manufacturing

– Soil remediation units

– Dirt roads under the control of the operator with frequent vehicle traffic Standard Operating Permit Co ndition X

– Reasonable Precautions to Prevent Fugitive Dust, August 25, 2004Register 187, October 2008 ENVIRONMENTAL CONSERVATION

86 – Other sources the department finds are likely to generate fugitive dust

– 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 liquid

fuel Standard Operating Permit Condition

XII

– SO 2 Material Balance Calculation, August 25, 2004

– Coal fired boilers Standard Operating Permit Condition

XIII

– Coal Fired Boilers, August 25,

2004

(d) Repealed 10/1/2004. (Eff. 5/3/200 2, Register 162; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.250

AS 46.14.020 AS 46.14.140

18 AAC 50.350. Operating permits: content. Repealed. (Eff. 1/18/97, Register 141;

a m 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.355. Changes to a permitted facility . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360. Fa cility 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; repealed 10/1/200 4, Register 171)

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 14 6; am 6/21/98, Register 146; repealed 10/1/2004, Register 171)Register 187, October 2008 ENVIRONMENTAL CONSERVATION

87 18 AAC 50.380. General operating permits . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.385. Permit

- by

- rule for certain small storage tanks . Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.390. Permit

- by

- rule for drilling rigs and associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, Register 171)Register 187, October 2008 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 procedures

430. Fee appeal procedures 499. Definition for user fee requirements

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of

a Title V sou rce described under 18 AAC 50.32 6 shall pay to the department the annual permit

administrati on 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 annual permit fee listed in this subsection for an original permit is applicable for five years following the date of the application for the original permit. An annual permit fee listed in 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 administration fees apply to Title

V sources:

(1) for renewal of a permit for an oil

- and

- gas source with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $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 permit for a small power plant with the potential to emit more than 250 tons per year of any one pollutant, the

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

(B) annual compliance review fee is $1,460;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

89 (4) for an original permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and 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 renewal of a permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil

- and

- gas source or thermal soil remediation unit, the

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

(B) annual compliance revi ew 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 subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the (A) annual permit fee is $1,326; and

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

(b) If the permittee, owner, or operator of a Title V source is subject to an annual permi t fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance review fees and a nnual permit fees for original permits

are not refundable.Register 187, October 2008 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, o wner, 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 listed in 18 AAC 50.5 02(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 pe rmit 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 dep artment 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 or

18 AAC 50.50 2 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 pay, for a stati onary 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 operator of a st ationary 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 m inor 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 187, October 2008 ENVIRONMENTAL CONSERVATION

91 (h) The permittee, owner, or operator of a stationary source shall pay an annual compliance review fee of $530, to be pa id 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 issued before Octo ber 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 nonrefun dable 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 Ti tle 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), ad opted 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 nonrefundable 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 processing 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 187, October 2008 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 e mission 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 pai d 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 des ignated 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 permit administratio n 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 benef its 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 un der 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);

(3) an adjudicatory hearing under 18 AAC 15.195

- 18 AAC 15.340, if requestedRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

93 under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the department will hold in abeyance a fee charged under this paragraph during the course of the adjudicatory hearing;

(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 AAC 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 maintenance area for

ca rbon 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 en forcement 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 permit terms or condi tions 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 boi ler;

(ii) the purpose of which is to generate electricity, and that contains a combustion turbine electric generator or natural gas

- fired steam plant;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

94 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 sour ce" means a Title V source not described in (2)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natural gas, or other petroleum products, or related activities; " oil

- and

- gas source" does not include a petroleum refinery or liquefied natural gas (LNG) plant;

(4) "public place" has the meaning given in AS 46.06.150;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3) of this

subsec tion

(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 th an 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. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173 ; am 12/30/2007, Register 184 ; am 7/25/2008, Register 187 )

Authority: AS 37.10.050 AS 44.46.025 AS 46.14. 140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, Register 171 ; repealed 1/29/2005, Register 173 )

18 AAC 50.403. Negotiated service agreements. If a fixed permit a dministration 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 187, October 2008 ENVIRONMENTAL CONSERVATION

95 AS 37.10.052(b) for that designated regulatory s ervice. If requesting a negotiated service agreement for one or more of the following designated regulatory services, the permittee, owner, or operator must submit a retainer payment of $5,300 per designated regulatory service before the department begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2) (B) ;

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3) a major modification of a major stationary source;

(4) a construction permit under 18 AAC 50.302 for a new s tationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5) a permit for the construction of a new stationary source or addition of an emission unit at a stationary source, if the stationary source is

(A) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;

(6) a major modification of a major stationary source, for which a li mit is requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);

(8) the renewal of a Title V permit for a Title V source for which fees are not established under 18 AAC 50.400(a);

(9) a notice of MACT app roval under 18 AAC 50.321. (Eff. 1/29/2005, Register

173 ; am 12/3/2005, Register 176 )

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.405. Transition process for permit fees. For a permit issued under this chapter, if the applicant has submitted an application before January 29, 2005 and the department has not yet worked on that permit application, at the request of the applicant, the department will process the permit under the p rovisions 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 187, October 2008 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 emission fee based on the stationary source’s assessable emissions for that year for each stationary source that is subject to a permit under this chapter

. The emissions fee is assessed per ton for each air pollutant for which projected e missions are 10 tons per year or grea ter , 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 addition al 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 th e 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 obtain a permit u nder 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 sta tionary 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 control permit recei pts 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, $27.24 will

be alloca ted 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 187, October 2008 ENVIRONMENTAL CONSERVATION

97 (B) for stationary sources not subject to (A) of this paragraph but otherwise required to obtai n 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 lesser of the

station ary 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 calculations;

(C) emission f

actors 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 stationary source that ne eds 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 emission fees

under (b)(1 )(A), (2)(A), and (3)(A) of this section.

(e) In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall account for emissions from equipment classified under 18 AAC 50.100 that tempo rarily replaces or substitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a minor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(6) but not required to obtain an operating perm it 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 Ju ly 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, the

emission fee is allocated to the emissi on control permit receipts account under AS 46.14.265, andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

98 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 m ore than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and

(3) at the following rates for a single portable oil and gas operation for which t he 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, 20 06 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) $5,4 24 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 site s 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, 2007; $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, 2006 ; $1,351

for Dece mber 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 during a state fiscal year;

(iii) $5,055 for July 1, 2006 through December 14, 2006 ; $2,027

for December 14, 2006 through June 30, 2007; $2,229 for July 1, 2007 through
June 30, 20 08; and $2,475 for July 1, 2008 through June 30, 2009 for drilling 11

or more wells under the same application or notification during a state fiscal year.

(h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/97, RegisterRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

99 141; 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. Bill ing 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 o r before January 15, April 15, July 15, and October 15 if requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the department will bill permit administration fees for designated regulatory services rendered during the preceding month under 18 AAC 50.400(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 under this chapter are due within 60 days after the billing date. A payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430.

Interest will be c harged 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 describe d 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 departmen t an emission fee for the increase in assessable emissions; the fee is due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permitRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

100 revision may request a prorated refu nd 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

fe es collected in excess of the amount due for the stationary sources' actual emissions.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission fees or permit administration fees will be sent to the last known address of t he stationary source that is subject to the fee. In an invoice, the department will include an itemized list of charges and credits for the billing period and a calculation of total credit balance or amount due on the account. For permit administration f ees 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 who performed the task; and

(3) the 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 )

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240 AS 46.14.255

18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who disputes the computation of charges may request

review und er 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 requ irements. In 18 AAC 50.400

– 18 AAC 50.499, unless the context requires otherwise,

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

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

(3) “hourly rate of salary and be nefits” has the meaning given in AS 37.10.058. (Eff. 1/29/2005, Register 173)Register 187, October 2008 ENVIRONMENTAL CONSERVATION

101 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 187, October 2008 ENVIRONMENTAL CONSERVATION

102 Article 5. Minor Permits.

Section

502. Minor permits for a ir quality protection 508. Minor permits requested by the owner or operator 509. Construction of a pollution control project without a permit 540. Minor permit: application 542. Minor permit: review and issuance 544. Minor permits: content

546. Minor permits: Revisions 560. General minor permits

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is required as described in (b)

- (f) of this section, except that a permit is not required under this

section (1) before cons truction, 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

no t significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of the major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before reloca tion 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 sect ion before construction, operation, or relocation of a stationary source containing

(1) an asphalt plant with a rated capacity of at least five tons per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at least five tons pe r 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 187, October 2008 ENVIRONMENTAL CONSERVATION

103 (6) a Port of Anc horage 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 nitrog en 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, beginn ing 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

est ablished under 18 AAC 50.025(c); or

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subsection that will cau se 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 oxid es; orRegister 187, October 2008 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 nit rogen 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 permi t issued under 18 AAC 50.540

– 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source listed in (b) of this section

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

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

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for an d operate under a general operating permit that was issued before October 1, 2004 and that has not expired or been revoked by the department as of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the department take s 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. I n 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 operator’s own represent ations, 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 187, October 2008 ENVIRONMENTAL CONSERVATION

105 filings with the state or federal regulatory authorities, and compliance plans under

AS 46.14.12 0; and

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

(3) exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased

util ization 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 po ssibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the project, the owner or oper ator shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a descri ption of the applicability test used to determine that the project is not a modification subject to (c)(3) of this section for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of

emissions exc luded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric utility steam generating unit, before beginning actual construction, the ow ner 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 em itted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after th e 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 ex isting electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under (3) of this subsection setting out the unit's

annual emissio ns during the calendar year that preceded submission of the report.Register 187, October 2008 ENVIRONMENTAL CONSERVATION

106 (5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual

emission s, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this section for that regulat ed 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 cont ain the following:

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

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

(C) any other information that the owner or operator wishes to include in the report.

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

(h) For the purposes of this section

(1) “baseline actual emissions” has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except that in that definition the term “major stationary

source” is revised to read “station ary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) “net emissions increase” has the meaning gi ven in 40 C.F.R. 52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net emissions increase” applies to

(A) any increase in emissions of an air pollutant at a stationary source with existing emissions of that air pollutant greater than the a mounts listed in (c)(1) of this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)( a ), “net emissions increase” is not restricted to a significant emissions increase or significant net emissions increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40, or to a major stationary source; and

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

(4) “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emit a regulated NSR pollutant in any one of the

five 12

- month periods following the date the unit resumes regular operation a fter the project, orRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

107 in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of

the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section. (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 46.14.1 70

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.508. Minor permits requested by the owner or operator. An owner or operator may request a minor permit from the department for

(1) repealed 7/25/2008 ;

(2) repeale d 7/25/2008 ;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, apply to a PAL established or revised under this chapter;

(4) establishing actual emission reductions from an existing stationary source if requested by that source’s owner or operator to offset an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary source;

(B) major mod ification; or

(C) PAL major modification;

(5) establishing an owner requested limit (ORL) at a stationary source; the owner or operator may avoid a permit classification under AS 46.14.130 if the department approves an owner requested limit on the sou rce’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 emit; 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 )

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 46.14.02 0 AS 46.14.140Register 187, October 2008 ENVIRONMENTAL CONSERVATION

108 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 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.170

AS 46.14.020

18 AAC 50.540. Minor permit: application. (a) Application information. An application for a stationary source

- specific minor permit must provide all of the information required by this section, including all information r equired by the applicable listed forms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department’s determination. Applications must be on department forms.

(b ) General information. Each application must include the information prescribed by

the Stationary Source Identification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air q uality protection. Except for a Port of Anchorage stationary source, a permit application under 18 AAC 50.502 must include

(1) the information required in the following forms, included in the department’s Minor Permit Application Forms, adopted by refe rence in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Summary 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 air quality standards; the ambient demonstration must follow an approved modeling protocol if the department requests a modeling protocol for demonstrating compliance wi th ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification does not need an ambient analysis to determine that construction and operation will not result in a violation of an ambient

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

(A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM

- 10, and nitrogen dioxide for a portable oil and gas operation;

(C ) sulfur dioxide for a stationary source in an sulfur dioxide special protection area established under 18 AAC 50.025(c); orRegister 187, October 2008 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 monoxide 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 monoxid e emissions from construction and operation of the stationary source or emissions increase from the modification will not cause or contribute to a violation of the ambient air quality standard for

carbon monoxide.

(e) Port of Anchorage. For a Port of An chorage stationary source, the application must include the information required in the department’s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by

reference in 18 AAC 50.030

.

(f) Repealed 7/25/2008

.

(g) Repealed 7/25/2008

.

(h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information

listed in 40 C.F.R. 52 .21(aa)(3), adopted by reference in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions under the PAL will not cau se or contribute to a violation of ambient air quality standards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or operational limitations necessary to provide

ac tual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representing that quantity of emission reduction.

(j) Owner requested limits (ORLs ). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) must include the informati on and materials required under 18 AAC 50.225(b)(2)

– (6 ) and (8)

.

(k) Revising or rescinding permit conditions. An appl ication for a minor permit revising or rescinding terms or conditions of a Title I permit must include

(1) a copy of the Title I permit that established the permit term or condition;

(2) an explanation of why the permit term or condition should be revi sed or rescinded;Register 187, October 2008 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 informat ion 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, Reg ister

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 ap plication qualifies under (b) and (c) of this section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions; (B) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(C) in the Nikiski Industrial Area; or

(D) on an offshore platform; or

(2) a person requests a public comment period under (b)(1) of this section.

(b) Fast

- track procedures. Fast

- track procedures for minor permits under

18 AAC 50.502 are as follows:

( 1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the department, including any person who re quests 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 depa rtment 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 187, October 2008 ENVIRONMENTAL CONSERVATION

111 under (d) of this section; if a comment period is requested, the department will make a prelimina ry decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for an air pollutant for wh ich 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

wri ting that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard; (4) the fast

- track procedures are available only if all predicted air pollutant concentrations meet the compliance criteria in (c)(2) of this section;

(5) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days after receiving the application.

(c) Screening ambient air quality analysis. A screening ambient air quality analysis under (b)(3) of this section

(1) must

(A) follow a modeling protocol developed by the department or otherwise approved by the department that is suitable for fast

- track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the resulting modeling demonstration in

the time available for fast

- track permitting;

(B) use a model and screening meteorological data approved by the department for the fast

- track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and averaging period if

(A) for a new stationary so urce or modification, the predicted ambient air concentration from the stationary source, excluding offsite or background contributions,

does not exceed 2/3 of each ambient standard for PM

- 10, or 80 percent of each ambient

standard for sulfur dioxide or ni trogen 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

ambie nt analysis that adequately characterizes the stationary source as it existed before the modification and, the sum of the highest ambient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the i ncrease isRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

112 less than the concentration described in (A) of this paragraph.

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under

18 AAC 50. 502 for which the fast

- track procedures in (b) and (c) of this section are not

available: (1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance wit h 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 pro vide 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 dep artment, including any person who requests to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for in forming the public;

(C) the department will make available for public inspection in at least

one location in the affected area

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department’s preliminary approval or denial; and

(iv) if the department proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit

issued under 18 A AC 50.306

– 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decision to approve the applicat ion only if the application includes all information required by 18 AAC 50.540,Register 187, October 2008 ENVIRONMENTAL CONSERVATION

113 and the department finds that the approval criteria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure

c ompliance with this chapter;

(2) the department will notify the applicant, and any person who commented on the department’s preliminary decision, of the department’s final decision to approve or deny the permit application; a person described in AS 46.14 .200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195

– 18 AAC 15.340; in a notification of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V permit by admin istrative 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; a nd

(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 monox ide emissions near a nonattainment area if the department finds that construction and operation of the stationary

source will cause an ambient concentration that exceeds a carbon monoxide concentration in

Table 5 in 18 AAC 50.215 at a location that does no t or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045

– 18 AAC 50.090;

(4) repealed 7/25/2008 ;

(5) repealed 7/25/2008 ;

(6) approve a minor permit for establishing or revising a PAL, if the department finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted byRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

114 reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor p ermit 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 t he limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chap ter.

(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 50.0 40, for a plantwide applicability limitation; and

(2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172 ; am 7/25/2008, Register 187 )

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 46.14.02 0 AS 46.14.140 AS 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400

– 18 AAC 50.499 ;

(3) include any conditions established under 18 AAC 50.201; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

115 (4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary sou rce.

(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 t erms and conditions under AS 46.14.180 for

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

(B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the d epartment;

(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 requi ring the owner or operator to

(A) perform regular maintenance considering the manufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance that would have a significant effect on emissions; the records may be kept in an electronic format; and

(C) keep a copy of either the manufacturer’s or the operator’s maintenance procedures.

(c) In each minor permit under 18 AAC 50.502(c), the department will include

(1) terms and conditions as necessary to ensure that the propo sed stationary source or modification will not cause or contribute to a violation of any ambient air quality

standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 for

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

(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 rep orts, monitoring data, emissions data, and information from analyses of any test samples;Register 187, October 2008 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 limi ts 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 oper ator’s maintenance procedures

.

(d) For each stationary source that is not subject to Title V permitting under 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still accurately described by the application and minor permit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under this chapter. In the minor permit, the departmen t 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 o f an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), inc luding terms and conditions imposed under AS 46.14.180 for

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

(B) sampling emissions according to the methods prescribed by the department and at locations, intervals, and by procedures speci fied by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;

(D) keeping records; and

(E) making periodic reports on process operations and emissions.

(h) In each min or permit establishing an owner requested limit (ORL) underRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

117 18 AAC 50.508(5)

, the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and reporting requirements;

(2) list all e quipment covered by the ORL ; and

(3) describe each permit classification under AS 46.14.130 that the ORL allows

the owner or operator to avoid, 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 station ary 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 c onstruction 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 possibl e 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 l imit 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 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

A S 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540

– 18 AAC 50.544 to revise a minor permit, either at the request of

t he permittee or on the department’s own initiative , in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the department may revise non

- substantive elements of a minor permit without further administrative procedures. (Eff. 10/1/2004 , RegisterRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

118 171 ; 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 m ay 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 subje ct to similar air quality control requirements.

(b) General minor permit issuance procedures. To issue a general minor permit, the department will provide notice and opportunity for public comment on the department’s proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System established under AS 44.62.175;

(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has requested to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that would qualify under the general minor permit;

(B) the results of any department anal ysis 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 or notification form;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

119 (E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and

(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each general minor permit. This may include an online or electronic form. The forms will identify the information that an applica nt must provide to operate under the general minor permit, including

(1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to show that the stationary source meets the qualifying c riteria or a term or condition of the general minor permit, the department will require that location information required under this subsection or under (d)

– (g) of this section include a map and scale drawing;

(2) any information that is necessary to d etermine that the stationary source qualifies for the general minor permit;

(3) identification of all equipment to be operated under the general minor permit;

and (4) a certification by the applicant that the stationary source is capable of complying w ith all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or operate under a general minor permit, the owner or operator must submit the appropriate completed application or notification form for the sp ecific 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 departm ent approval under (e) of this section to operate under the general minor permit. If the general minor permit requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of the application that

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general minor permit. App roval to construct or operate under the general minor permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and if the stationary source meets all of the qualifying criteria and operates in compliance with the 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 minorRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

120 permit authorizes construction or operati on 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 mu st be met in order for a stationary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before commencing construction or operation under the general minor permit, if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notification form and procedures for a change in location; and

(5) any other terms and co nditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general minor permit at additional loca tions not identified in the permit application or notification if the

(1) permittee notifies the department by submitting a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit’s qualifying criteria at each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140 AS 46.14.211

AS 46.14.020 AS 46.14.150 AS 46.14.250

AS 46.14.120 AS 46. 14.170Register 187, October 2008 ENVIRONMENTAL CONSERVATION

121 Article 6. (Reserved)Register 187, October 2008 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: incorporation by referen ce 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: mitigat ion of air quality impacts 735. General conformity: frequency of conformity determinations

18 AAC 50.700. Purpose of 18 AAC 50.700

– 18 AAC 50.735 . The purpose of

18 AAC 50.700

- 18 AAC 50.735 is to ensure that a transportation plan, program project, or federal action within a nonattainment or maintenance area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally

- funded or federally

- approved;

or

(2) the p roject is nonfederally funded but is a regionally significant project that is funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147 )

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710

- 18 AAC 50.735: obligations of responsible agency. (a) The requirements of 18 AAC 50.710

– 18 AAC 50.720 apply to

(1) a transportation plan, program, or project wit hin a nonattainment or maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301

– 5338; or

(2) a project that is nonfederally funded, but that is a regionally significant project funded, adopted, or approved by a curre nt or prior recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act)

(b) The requirements of 18 AAC 50.725

- 18 AAC 50.735 apply to all federally

- funded or approved actions within a nonattainment or maintenance area not des cribed 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 ofRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

123 (1) transportation conformity under 18 AAC 50.710

– 18 AAC 50.720, “responsible a gency” means the agency that

(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) of this section; or

(C) funds, adopts, or approves a nonfederal, regionally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53;

(2) general conformity under 18 AAC 50.725

– 18 AAC 50.735, “responsible agency” means the fe deral agency that is responsible for the funding or for approval of the action referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: inco rporation 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 (Defi nitions);

(3) 40 C.F.R. 93.102 (Applicability);

(4) 40 C.F.R. 93.103 (Priority);

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations);

(6) 40 C.F.R. 93.106 (Content of transportation plans);

(7) 40 C.F.R. 93.107 (Relationship of transpor tation plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, programs, and projects : General);

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model);Register 187, October 2008 ENVIRONMENTAL CONSERVATION

124 (12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation);

(13) 40 C.F.R. 93.1 13 (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 vehicle 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 (Requiremen ts 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. 93.1 23 (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. 93.1 25 (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. 93.128 (Traffic signal synchronization projects). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030Register 187, October 2008 ENVIRONMENTAL CONSERVATION

125 Editor's note: The regulations of the Federal Highway Administration and the Federal Transit Authority concerning fiscal const raint 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).

18 AAC 50.715. Transportation conformity: interagency consultation procedures. (a) Before issuing a final conformity determi nation 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 interagency di scussion 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 planning agency;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency;

(E) any agency created under state law that sponsors or approves transportation projects;

(F) the United States Environ mental Protection 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 conformity determinat ion, 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; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

12 6 (3) consider the comments of staff from p articipating 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 the record of a ny conformity decision or action.

(c) In preparing the preliminary interagency discussion draft, a staff member of the responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traff ic demand and regional emissions model, and associated methods and assumptions to be used in a hot

- spot analysis or a regional emissions analysis; (2) determine which minor arterials and other projects should be considered regionally significant for pur poses of a regional emissions analysis, in addition to those regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise exempt from the requirements of

18 AAC 50. 700

- 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions impacts or other adverse 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 behind the

sched ule 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 interagen cy 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 fo r 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 requirements for a pr oject 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, andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

127 a new regional emissions analysis that includes the regionally significant project;

and (ii) the currently conforming transportation plan and TIP will still conform if the regionally significant project is implemented;

(6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 50.710, projects located at sites 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 have air qual ity 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 deletes an exempt project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC 50.710.

(d) In addition to the consultation described in (c) of this section, a staff member of the responsible agency shall consult with staff of the state and local agencies listed in (a)(2) of this

section to

(1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, adopted by reference in 18 AAC 50.710;

(2) consider an emissions analysis for transp ortation activities that extend beyond the boundaries of a local governing body, nonattainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model development b y the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing bo dy and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance

area.

(f) After completing the interagency consultation proces s, 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 consultation with s taff of the participating agencies; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

128 (2) after the consultation described in (1) of this subsection, issue the final conformity determination to the agencies listed in (a)(2) of this section and provide the supporting information upon request.

(h) The department will refer to the governor for resolution any conflict between state agencies or between state and local agencies that cannot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days after notification or a determination that the conflict cannot be resolved. A conformity determination that is the subject of a conflict resolution under this subsection must have the governor's concurrence to be considered final. The depa rtment 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 conformity det ermination 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 support a p roposed 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

informati on, 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 withRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

129 (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, sh all 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) (Applic ability);

(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 process for implementing a mitigation measure including, as applicable,

(A) a description of the funding source for the mitigation measure;

(B) an implementation schedule with due dates for implementing the mitigation measure; andRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

130 (C) the process for tracking em ission reductions from a mitigation

measure.

(b) If a mitigation measure involves a separate person or agency, the federal agency making the conformity determination shall, before determining that the proposed federal action is in conformity, obtain a wr itten 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. A

per son 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 the feder al 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 m ay 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

referen ce 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 that a fi nal 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) A n 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 determin ation reported in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c) If, after the final conformity determination is made, the federal action is changed so

that there is an increase in the total of direct or indirect emissions a bove the levels set inRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

131 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Auth ority: AS 46.03.020 AS 46.14.030Register 187, October 2008 ENVIRONMENTAL CONSERVATION

132 Article 8. (Reserved)Register 187, October 2008 ENVIRONMENTAL CONSERVATION

133 Article 9. General Provisions

.

Section 900. Small business assistance program 910. (Repealed)

990. Definitions

18 AAC 50.900. Small business assistance program. (a) The purpose of t he 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 50.0 30, describes the small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of

the small busi ness assistance program.

(c) The owner or operator of an eligible small business facility may request a change to a requirement under this chapter that

(1) is a work practice or technological method of compliance; or

(2) sets a schedule of milest ones preceding a date for implementing a work practice or technological method of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed change and how the change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submitted as a n 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 187, October 2008 ENVIRONMENTAL CONSERVATION

134 (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)

Au thority: AS 46.03.020 AS 46.14.030 AS 46.14.300

Editor's note : More information on the services provided by the small business assistance program referred to in this section, including details on determining eligibility, may be obtained from the depart ment'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 departmen t'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, Registe r 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 U nited States Environmental Protection Agency, except as otherwise provided in 18 AAC 50.306

– 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990;

(4) "air curtain incinerator" means a device in which large amounts of

combustible m aterials 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 emis sions 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 187, October 2008 ENVIRONMENTAL CONSERVATION

135 (A) “allowable emissions” me ans 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

wor ds “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 4 6.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any combination of dryers , systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the stationary sour ce;

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of em issions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installation” has the meaning given in
AS 46.14.990;

(18) “casting off” means the first release of a line securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401

- 7671q, as amended through November 15, 1990;

(21) repealed 7/25/2008 ;

(22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; “coal preparation plant” includes any combination of thermalRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

136 dryers, pneumatic coal

- cleaning equipment, coal processing and conveying equipment, breakers

and cru shers, 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 Environmental Co nservation;

(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 that term is used in 18 AAC 50.010(1)(A), has the meaning given in 40 C.F.R. Part 50, Appendix K, sec. 2.2, 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 46.14.990 and includes the federal administrator’s designee;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

137 (38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030; and

(B) wildland fire suppression organization within the Department of

Natural Resour ces, 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” does not in clude mobile internal combustion engines, incinerators, marine vessels, wood

- fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

(A) for stack heights exceeding 213 feet, has the meaning given in

40 C.F.R. 51.100(ii ), as revised as o f July 1, 2007 and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the stack;

(43) “grate cleaning” means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990 ;

(45) “hazardous air pollutant major source” has the meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47) "impairment of visi bility" 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, c ontrast

, or coloration;

(48) "incinerator" means a device used for the thermal oxidation of garbage or other wastes, other than a wood

- fired heating device, including an air curtain incinerator burning waste other than clean lumber, wood wastes, or yard wastes;

(49) "industrial process" means the extraction of raw material or the physical orRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

138 chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or “LAER” has the meaning given in

40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" under 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52) “major stationary source” means

(A) for the purposes of 18 AAC 50.306, a stationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.166(b)(1);

(B) for the purposes of 18 AAC 50.311, a stationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.165(a)(1)(iv);

(53) “major modification” means

(A) for the purposes of 18 AAC 50.306, a change that meets the definition
of “m ajor modification” under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of “major modification” under 40 C.F.R. 51.165(a)(1)(v);

(54) “make fast to the shore” means to secure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control technology” or “MACT” means a maximum achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximum monthly average temperature reported by the National Weather Service;

(58 ) “minor permit” means a permit issued under 18 AAC 50.502

– 18 AAC 50.560;

(59) "modification" or "modify" has the meaning given to “modification” in 42 U.S.C. 7411(a) (Clean Air Act , sec. 111(a)) ;

(60) “Nikiski Industrial Area” means the area of t he Kenai Peninsula withinRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

139 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 nonattainm ent 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 , ad opted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning" means the burning of a material that results in the products of combustion being emitted directly into the am bient 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 mixtur e of compounds evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL major modifi cation” 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) "p ermit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14 .990;

(74) "petroleum refinery" means a stationary source engaged in the distillation of petroleum or re

- distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) “plantwide applicability limitation” or “PAL” means an emission limi tation 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;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

140 (76) "PM

- 10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) repealed 7/25/2008 ;

(78) “Port of Anchorage stationary source” means a stationary source located in the Port of Anchorage that contains one or more emi ssion 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 p arts per million;

(82) "practical means available" means, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmentally acceptab le 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 pe rmit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment

based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040 , except that for purposes of 18 AAC 50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301 , adopted by reference in 18 AAC 50.260(a) ;

(89) "reduction in visibility" means the obscuring of an observer's vision;

(90) "regionally signi ficant 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;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

141 (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 functions for t he 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 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980
dollars; or

(ii) the delegation of authority to the representative is approved in advance by the depar t 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 executive off icer 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 activ ities planned in advance designed to keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a

source; (98) "small business facility" has the meaning given in AS 46.14.990;

(99) "smolder" m eans to burn and smoke without flame;

(100) “soot

- blowing” means using steam or compressed air to remove carbonRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

142 from a furnace or from a boiler’s heat transfer surfaces;

(101) "stack" has the meeting given in AS 46.14.990;

(102) "standard conditions " means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury;

(103) "startup" means

(A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of igniting the engine; and

(B) for all other sources, the setting into operation of a source for any

reason;

(104) "state air quality control plan" means the plan adopted by reference in

18 AAC 50.030;

(105) “stationary source” has the meaning given in AS 46.14 .990;

(106) "technology

- based emission standard" means

(A) a best available control technology standard with the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for whic h the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means construction that is completed in

24 months or less from the date construction be gins; “temporary construction activity” includes any period of inactivity during that 24

- month period;

(108) “thermal soil remediation unit” means a stationary source that causes petroleum contamination to be desorbed from soils by heating the soil in a kiln;

(109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502

– 18 AAC 50.560;Register 187, October 2008 ENVIRONMENTAL CONSERVATION

143 (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 suspen ded particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarb on fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a

normal and usual manner.

(116) "vapor collection system" means all equipment, ducts, piping, valves, and fittings 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 loa ded 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 liquid loading rac k" 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 compo und” 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 ten ds when heaving in begins;

(123) "wood

- fired heating device" means a device designed for wood combustion so that usable heat is derived for the interior of a building; “wood

- fired heating device” includes

wood

- fired stoves, fireplaces, wood

- fired cooking stoves, and combination fuel furnaces or boilers that burn wood; “wood

- fired heating device” does not include a device that is primarily aRegister 187, October 2008 ENVIRONMENTAL CONSERVATION

144 part of an industrial process and incidentally provides usable heat for the interior of a building.

(124) “portab le 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 t est flares, camps, or equipment associated with camps; “portable oil and gas operation” does not include well servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of a flare; (125) “well servicing activities ” means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short and varying periods of time; “well servicing activities” includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) w ell 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, Register 164; am 8 /8/2003, Register 167; am 10/1/2004, Register 171 ; am 12/3/2005, Register 176 ; am 12/30/2007, Register 184 ; am 7/25/2008, Register 187 )

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 19 93DEC SIP SUBMITTAL

Revisions to 18 AAC 50 Dated July 25, 2008 and November 9, 2008

PART OF

SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.005 X Purpose of chapter 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.010 X Ambient Air Quality
Standards 10/ 1/2004 2/5/07 7/21/98 YES No changes made

18 AAC 50.015 X Air Quality Classifications 10/ 1/2004 2/5/07 2/ 20/04 YES No changes made

18 AAC 50.020 X Baseline Dates 7/25/2008 2/5/07 6/21/98 YES Formatting corrections to 020(b)(2) and Table 3

18 AAC 50.025 X Visibility & Special Protection 6/21/1998 1/19/99 6/21/98 NO No changes made

18 AAC 50.030 X State A ir Quality Control Plan 11/9/2008 2/5/07 10/1 /04 YES Amend adoption by reference date in 030(9)
18AAC 50.030(3) X Port of Anchorage Provisions 7/25/2008 2/5/07 1/18/97 NO Updated language to 030(3);

n o EPA Action Required
18 AAC 50.035 X Documents ado pted by

reference 7/25/2008

and
11/9/2008 2/5/07 12/03/05 YES Updated revision dates of adopted documents in 035(a) and 035(b), added 035(a)(7)

and (8);
18 AAC 50.040 X Adoption of federal standards 7/25/2008 2/5/07 12/3/05 YES Updated revision dates of adopted documents in 040(a)

- (j); repealed (h)(17)

- (19) and (i)(7)

- (9); amended language in (h)(20), (i)(10)
18 AAC 50.045 X Prohibitions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.050 X Incinerator emission standards 7/25/2008 2/5/07 5/3/ 02 YES Formatting corrections to Table 4 in 050(b)
18 AAC 50.052 X Repealed 10/ 1/2004 1/19/99 6/21/98 YES EPA must approve repeal of previously approved section
18 AAC 50.055 X Industrial processes & fuel

burn ing equipment 7/25/2008 2/5/07 10/1/04 YES Clarifying language in 055(a)(9)(D)PART OF
SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.060 X Pulp Mills 1/1 8/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.065 X Open Burning 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.070 X Marine Vessel Visible

Emissions 6/21/1998 1/19/99 1/18/97 NO No changes made

18 AAC 50.075 X Wood fired heating device s 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.080 X Ice Fog (was 50.090) 1/18/1997 2/5/07 1/18/97 YES No changes made

18 AAC 50.085 X Port of Anchorage 1/18/1997 N/A N/A Not part of the SIP; No EPA approval or action needed

18 AAC 50.090 X Port of Anchorage 7/25/2008 N/A 10/1/04 N/A No EPA action needed ; amended to include resting requirements

18 AAC 50.100 X Nonroad engines 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.110 X Air Pollution Prohibited 05/26/1972 Prior 80 5/26 /72 NO Previously approved

18 AAC 50.200 X Information Requests 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.201 X Ambient Air Quality Investigation 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.205 X Certification 10/ 1/2004 2/5/0 7 1/18/97 YES No changes made

18 AAC 50.215 X Ambient analysis methods 7/25/2008 2/5/07 10/1/04 YES 215(a) , (c) repealed and readopted; 215 (b)

amended ; 215(d) Table 5 repealed and readopted; 215(d) amended to add a

new subsection

18 AAC 50.220 X Enforc eable Test Methods 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.225 X Owner requested limits 7/25/2008 2/5/07 1/29/05 YES 225(b) amended to add

new subsectionPart of
SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.230 X Pre approved emission limits 1/29/2005 2/5/07 6/21/98 YES No changes made

18AAC50.230(d) X PAEL for gasoline bulk plants 1/29/2005 N/A 6/21/98 NO Not part of the SIP

18 AAC 50.235 X Unavoidable emergencies etc. 10/ 1/2004 N/A 6/14/98 NO No changes made

18 AAC 50.240 X Excess Emissions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.245 X Air Episodes & Advisories 10/ 1/200 4 2/5/07 1/18/97 YES No changes made

18 AAC 50.250 X Revising air quality

classification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.260 X Guidelines for BART 12/30/2007 N/A N/A NO New section; no action required

18 AAC 50.300 X Repealed 1 0/ 1/2004 2/5/07 5/3/02 YES No changes made

18 AAC 50.301 X Permit continuity 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.302 X Construction Permits 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.305 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No changes made

18 AAC 50.306 X PSD Permits 7/25/2008 2/5/07 10/1/04 YES Expanded definition of

“federal administrator” in 306(b)(1)(A); repealed 306(b)(2)

- (3); amended leading language of 306(c)

18 AAC 50.310 X Repealed 10/ 1/2004 2/5/07 1/18/97 N/A No ch anges made

18 AAC 50.311 X Nonattainment & Major

Source 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.315 X Repealed 10/ 1/2004 N/A N/A No changes made

18 AAC 50.316 X HAPS Major Construction 12/ 1/2004 N/A YES No EPA action required

18 AAC 50. 320 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.321 X Case by Case MACT 12/ 1/2004 N/A N/A No action required

18 AAC 50.322 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.326 X TV Program & Technical 12/ 1/2004 N/A N/A No action requiredPart of
SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.330 X Repealed 10/ 1/2004 N/A N/A No act ion required

18 AAC 50.335 X Repealed 10/ 1/2004 N/A N/A No action required

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

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

18 AAC 50.345 X Standard Permit Conditions 11 /9/2008 2/5/07
Except 345(b), (c)(3), & (l) 10/1/04 YES Add ed minor permits to list of permits that can use standard conditions; amend 345(j) to clarify certification requirements

18 AAC 50.346 X Other permit conditions 346(a) only 11/9/2008 10/1/04 YE S Approval required for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to update adoption by

reference dates of revised

standard conditions and adopt a new standard condition; Table 7 was updated to reflect changes

18 AAC 50.350 X Repe aled 10/ 1/2004 N/A N/A No action required

18 AAC 50.355 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.360 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.365 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.370 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.375 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.380 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.385 X Repealed 10/ 1/2004 N/A N/A No action requiredPart of
SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.390 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.400 X Fees 7/25/2008 2/5/07
(see note

in

comment column) NO 400(e)(3), (f) repealed; (g) amended; (h)(1) amended; (m)(6) repealed ; no action required because removed from subject to SIP status,

2/5/07
18 AAC 50.401 X Repealed 1/29/2005 N/A N/A No action re quired

18 AAC 50.403 X Fees 12/ 3/05 NO No changes made ; do not desire these fees to be part of EPA approved SIP
18 AAC 50.405 X Transition Process for fees 1/29/2005 NO No changes made ; do not desire these fees to be part of EPA approved SIP
18 A AC 50.410 X Emission Fees 6/18/09 NO End date for fees extended ; however, not being submitted

and do not desire these fees to be part of EPA approved SIP
18 AAC 50.420 X Billing procedures 1/29/2005 2/5/07
(see note

in

comment column) NO No changes m ade; removed from subject to SIP status,

2/5/07

18 AAC 50.430 X Appeal procedures 7/11/2002 2/5/07
(see note

in

comment column) NO No changes made; removed from subject to SIP status,

2/5/07

18 AAC 50.499 X Definitions 1/29/2005 YES No changes made

18 AAC 50.502 X Minor Permits 7/25/2008 2/5/07 12/3/05 YES 500(c) amended; CU and PCP language repealedPart of
SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Requi red Comment (Nature of

change if any)

18 AAC 50.508 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 508(1) repealed; 508(5) language amended

18 AAC 50.509 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES Repealed

18 AAC 50.540 X Minor Permits 7/25/2008 2/5 /07 12/ 3/05 YES 540(g) repealed; 540(j)

amended to include new language

18 AAC 50.542 X Minor Permits 7/25/2008 2/5/07 12/1/ 04 YES 542(f)(4)

- (5) repealed; (g)(1) amended to delete reference to repealed language

18 AAC 50.544 X Minor Permits 7/25/2008

a nd
11/9/2008 2/5/07 1/29/05 YES 544(a) is amended to add a new paragraph; 544 (c) and (h) are amended to include new language; 544(e) repealed

18 AAC 50.546 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 546(a) is amended to add new language

18 AAC 50.560 X Minor Permits 10/ 1/2004 2/5/07 YES No changes made

18 AAC 50.700 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.705 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.710 X Conformity 9/ 4/1998 2/28/00 1/4/ 95 NO No action required

18 AAC 50.715 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.720 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.725 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 A AC 50.730 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.735 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.900 X Small business 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.910 X Repealed 10/ 1 /2004 N/A 1/18/97 N/A No action requiredPart of
SIP ?

SECTION YES NO Title of Section Current State

Effective Date EPA

Approval

Date Previous

State

Effective

Date EPA

Approval Required Comment (Nature of

change if any)

18 AAC 50.990 X Definitio ns 7/25/2008 2/5/07 12/ 3/05 YES D efinition s ( 21 ) and ( 77 ) repealed; amended
definitions ( 42(A) ) and ( 63 ) to include revised dates; amended definition ( 59 ) to reference definition in the CAA; added

definitions ( 126 ) “PAL pollutant” and (127) “regional admin istrator”

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (e)

Evide nce State Procedural Requirements Satisfied:

and

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

Dated E vidence of Proper Public Notice:

and

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

Certification that Public Hearings were Held if Applicable:

Affidavit of Not ice of Proposed Adoption of Regulations and

Furnish ing of Additional Information signed by Rebecca Tyson Smith

dated J anuary 16, 2008

.

Public Notice signed by Commissioner Larry Hartig dated November 21, 2007

.

Affidavit of Publication
, Anchorage D aily New s , dated November 26, 2007 (affidavit signed December 4, 2007)

.

Affidavit of Publication, Fairbanks Daily News Miner , dated November 26, 2007 (affidavit signed November 28, 2007)

.

Affidavit of Publication, Juneau Empire, dated November 27, 2007 (affidavit signed December 20, 2007)

.

Affidavit of Oral Hearing signed by Tom Turner dated Janu ary 3, 2008

.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (h)

Compilation of Public Comments and the State Response to the m:

Affidavit of Agency Record of Public Comment signed by Rebecca Tyson Smith dated J anuary 2 4, 200 8

.

Response to Comments titled Regulation Changes to Title 18, Chapter 50 of the Alaska Administrative Code, Regulation Hygiene Rulemaking, February 2008; Prepared by Rebecca Smith, Alan Schuler, Tom TurnerRegulation Hygiene Rulemaking Response to Comments 1 of 7

2-13-08 Response to Public Comments Regulation Changes to Title 18, Chapter 50 of the Alaska Ad ministrative Code Regulation Hygiene Rulemaking February 2008

Prepared by:

Rebecca Smith

Alan Schuler

Tom Turner

The Department proposed regulation hygiene to the Air Quality Contro l regulations in 18 AAC 50 to address the following goals:

1. Update documents and federal citations adopted by reference; 2. Adopt clarifications to ex isting regulations which fix typo s, incorrect references, and internal regulation conflicts; and 3. Make changes to regulations to clarif y areas where there has been confusion or

concerns.

The changes are considered to be non-controversial

Public Comment Process: The proposed regulations we re public noticed on November 26, 2007, and the Department accepted public comments from November 26, 2007, through January 7, 2008. The Department held a public hearing on January 3, 2008; however, no comments were receiv ed at the public hearing.

This document responds to comments received during the comment period.

The Department received written comments from the following: A) Chevron, by Janet Bounds, dated December 21, 2007 (received December 26, 2007); e-mail with comment le tter attached; letter under separate cover; and AOGA, by Marilyn Crockett, January 7, 2008; e-mailed and faxed letter. B) Sally Ryan, ADEC, January 4, 2008; e-mail. C) Alan Schuler, ADEC, January 7, 2008; e-mail with suggested language

document attached.

Structure of Response to Comments

The public comments were received as writt en comments sent via e-mail and fax by the close of the comment period. Two comments were similar in nature in regards to AERMOD. The responses were combined to address the comments. The other two comments were regulation language clarifi cation provided by Depa rtment staff.

The department considered the proposed ch anges to the regulati ons presented. The Response to Comments addre sses all comments below.Regulation Hygiene Rulemaking Response to Comments 2 of 7

2-13-08 Comment A: Chevron and AOGA’s Comme nts about Adoption of AERMOD as Regulatory Dispersion Model

“The proposed changes to 18 AAC 50 air quali ty regulations potentially have a large impact to our onshore permitting. ADEC has proposed changing the air quality modeling protocol for onshore facilities to use AERM OD. We currently do not have the data collected to support the data i nput requirements of the protocol . We are in the process of setting up meteorological sta tions at Swanson River Fiel d and Trading Bay Production Facility to collect the requi red data to support AEROMOD. One years worth of data is required. Final approval of the data set by ADEC will likely not happen until late 2009.

Therefore, we are requesting a ADEC retain the current protocol (ISC) for minor NSR permits so that air quality permitting can cont inue without uncertainty and likely delays. This will allow ADEC to efficiently process and approve minor air quality permits that require dispersion modeling. ...

...Union Oil Company of California (UOCC), a wholly-owned indirect subsidiary of Chevron Corporation, is submitting the fo llowing comments regarding the proposed change to 18 AAC 50.040(f). Through this proposed change, the ADEC will adopt AERMOD as the regulatory disp ersion model to be used for preparing ambient air quality analyses for many minor air pe rmit applications. ISC, th e dispersion model currently used for these same analyses, will become a non-guideline model. As a result, future use of ISC will require specific case-by-case authorization from both the Alaska Department of Environmental Conservation (ADEC) and the U.S. Environmental Protection Agency (EPA) Region 10.

UOCC supports the adoption of AERMOD as a regulatory model. However, UOCC requests that ISC be retained as a regulatory model for the minor air permit program until at least December 31, 2009, while the collection, review, an d approval of meteorological data sets to support AERMOD is comp leted. As ADEC knows, AERMOD and ISC require different sets of meteorological data as an element of the model input. Because at least one complete year of va lid meteorological data is n eeded, collecting the required data is a lengthy and expensive process.

UOCC is currently installing meteorological monitoring stations at the Swanson River Unit and the Trading Bay Production Facility to collect the appropr iate meteorological data sets for AERMOD. However, these data sets will not be ready for submission to ADEC for review and approval until the first quarter of 2009. While ADEC has improved the meteorological data review a nd approval process, final approval of the meteorological data sets might not be obtaine d until late in 2009. To avoid air permitting delays and inefficiencies dur ing this interim, UOCC is requesting that ADEC retain ISC as a regulatory model for the minor air perm it program. This approach will provide a reasonable alternative for the continued processing of minor air permit applications until the end of 2009 without the uncertainty and possible delays associated with ADEC and EPA Region 10 case-by-case decisions rega rding the use of the already proven ISCRegulation Hygiene Rulemaking Response to Comments 3 of 7

2-13-08 model. ADEC will be able to continue to efficiently process and approve minor air permit applications that include disper sion modeling as a required element....”

AOGA’s Comments on AERMOD

AOGA provided comments that were substantively the same as the comments submitted by Chevron regarding retaining ISC as an alternative to AERMOD as the regulatory dispersion model.

“...AOGA supports the adoption of AERMOD as a regulatory model. However, AOGA requests that ADEC recognize the need for a tr ansition period as some of our members have already made significant investments in th e process to meet the requirements of the

ISC model. AOGA therefore recommends that ISC be retained as a regulatory model for the minor air permit program until at least December 31, 2009. This date will allow our members to collect at least one complete year of valid meteorological data and prepare it

for submission to ADEC for revi ew and approval by early 2009....”

Response A: Chevron and AOGA’s Comments about the adoption of AERMOD as Regulatory Dispersion Model

The department does not concur with the su ggestion to retain ISC as a regulatory

model. There has been sufficient time and discussion on the promulgation of AERMOD as the regulatory model. The pending switch from ISC to AERMOD has been publicly anticipated for several years. EPA forma lly proposed the switch in April 2000. When EPA promulgated AERMOD in November 200 5, they included a one-year transition period from ISC to AERMOD (i.e., continued us e of ISC was allowed under federal rules through November 9, 2006). The department se nt a letter to all pe rmittees in December 2006 saying ADEC was planning to adopt AERMOD and that pe rmittees should evaluate their meteorological data needs. Industry has had a 12-month notice of the State’s regulatory proposal timeframe, in addition to the one-year notif ication time provided

under the federal rules. The de partment considers this two-ye ar notification adequate and is, therefore, denying this request.

The department further notes that the adop tion of AERMOD as a regulatory model does not preclude applicants from using other mode ls, including ISC. As correctly noted by Chevron, non-regulatory models may still be used on a case-by-case basis under the provisions contained in 18 AAC 50.215(c). While this provisi on requires the department to obtain EPA approval for each case (per federal requirement), the flexibility exists

when there is a substantive reason. Chevr on’s request to include ISC as an allowed model in State regulation essentially by-passes the EPA approval process, which is inconsistent with requirements in EPA’s Guideline on Air Quality Models

.Regulation Hygiene Rulemaking Response to Comments 4 of 7

2-13-08 Response A: Revised Regulations— Chevron’s Comments about the adoption of AERMOD as Regulatory Dispersion Model

The department does not propose to revise the re gulations to continue to allow the use of ISC as a regulatory model. The regulations in 18 AAC 215(c) allow for the substitution of an air quality model in accordance with EPA’s Guideline of Air Quality Models (Revised) if necessary.

Comment B: Construction Permit Gr oup Recommended Regulation Language Changes

The Air Permits Program Construction Permit Group submitted the following comments and suggested language changes:

“The Construction Permits Group respectfully submits the following comments on the proposed Regulation Hygiene Project, ....

1. 18 AAC 50.030(10) Revision: The current language should be left as is. The Minor Permit Application Forms referenced in this section regard the forms posted on the Department’s web-site at http://www.dec.state.ak.us/air/ap/rewrite.htm . These “forms” list the type of information that will be required of minor permit applications. They are not the

actual application forms used by applican ts and provided on the Department’s

web-site at http://www.dec.state.a k.us/air/ap/applic.htm . The Department adopted the forms currently listed in 18 AAC 50.030( 10), rather than th e actual application forms, so that it could make editoria l changes as needed without going through a regulatory process for each revision.

2. 18 AAC 50.225(b)(6): The term “requireme nt” be written as “requirement(s)” (emphasis added) in case there are multiple classifications that the owner/operator is avoiding (e.g., minor permitting, Title V permitting and PSD permitting).

3. 18 AAC 50.225(b)(7): Change “new classi fication” to “remai ning classifications” – emphasis added (i.e., change “new” to “remaining” and make “classification” plural).

4. 18 AAC 50.225(b)(9): Add the mi ssing end-quotation mark.

5. 18 AAC 50.544(h)(3): The terms “classifi cation,” “standard,” and “increase” should each be plural rather than si ngular (in case the ORL has multiple purposes).

6. 18 AAC 50.020: Table 2 spells Nitrogen dioxide and Table 3 has a different spelling of Nitrogen Dioxide where Dioxide is capitalized. To be consistent with the CFR’s Table 3 should have the sp elling updated to Nitrogen dioxide.

7. 18 AAC 50.502(c)(1): Remove “. . .or a ddition or modification to an existing stationary source where the resulting PTE would be greater than” and replace with “. . .with a potential to emit greater than”. This is the “original” language. TheRegulation Hygiene Rulemaking Response to Comments 5 of 7

2-13-08 proposed change is probably substan tive, as it could require a permit under 18 AAC 50.502(c)(1) even with no emissions increase due to the project, which is not appropriate.”

Response B: Construction Permit Group Recommended Regulation Language Changes

Response B1: The department agrees, in part, with the proposed revisions. However, EPA commented during the SIP a pproval process in 2007 that the forms

available on the website were revised as of dates subseque nt to August 30, 2004. It was

not obvious to EPA that the Minor Perm it Application Forms document adopted by reference as of August 30, 2004, is the guideline for what is required and that any other forms developed subsequently are examples of what is needed. The Minor Permit Application Forms document has now been posted with the other forms on the http://www.dec.state.ak.us/air/ap/applic.htm page so that it is clear what document is adopted by reference and that more recently dated forms have been developed to comply with the requirements of the August 30, 2004, document.

Response B1: Revised Regulations – The existing language in Section 030(10) will be retained in the regul ations. The change in language in the proposed Regulation Hygiene rulemaking is rejected for the reasons cited above. There wi ll be no change to the existing regulations.

Response B2: The department agrees with the proposed revision to Section 225(b)(6). The department will revise th e language as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff.

Response B2: Revised Regulation: Section 225(b)(6) is revised with the suggested regulation language.

Response B3: The department agrees with the proposed revision to Section 225(b)(7). The department will revise th e language as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff.

Response B3: Revised Regulation: Section 225(b)(7) is revised with the suggested regulation language.

Response B4: The department agrees with the proposed revision to Section 225(b)(9). The department will revise th e language as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff.

Response B4: Revised Regulation : Section 225(b) (9) is revised with the suggested regulation language.Regulation Hygiene Rulemaking Response to Comments 6 of 7

2-13-08 Response B5: The department agrees with the proposed revision to Section 544(h)(3). The department will revise th e language as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff.

Response B5: Revised Regulation : Section 544(h)(3) is revised with the suggested regulation language.

Response B6: The department agrees with the proposed revision to Section 020(b), Table 3. The department will revise the language as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff

Response B6: Revised Regulation : Section 020(b) Table 3 is revised with the suggested regulation language.

Response B7: The department agrees with the proposed revision to Section 502(c)(1). The department will revise th e language as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff.

Response B7: Revised Regulation : Section 502(c)(1) is revised with the suggested regulation language.

Comment C: Language change to address SCREEN3 Model

The Air Permits Program Construction Permit Group submitted the following comments and suggested language changes:

“The APP construction permit group is subm itting the attached additional comments regarding the 18 AAC 50 regulation hygiene project. The additional comments are the

result of a recent conversati on with a consultant regardi ng the future status of the dispersion model, SCREEN3. Upon further re search, we found that while EPA stated in the regulatory preamble to the Guideline on Air Quality Models (Guideline) that SCREEN3 may be used until AERSCREEN is re leased, there is nothing codified in the

actual Guideline to that affect. Therefore, to clarify that SCREEN3 may still be used in Alaska; we recommend that the Department amend 18 AAC 50.215 to specifically say

so. The attached comments provide our suggested wording.

Note: The Department will likely need to drop the SCREEN3 language once EPA supersedes SCREEN3 with AERSCREEN. Howe ver, we can deal with that situation when it happens. At the current rate of deve lopment, it may be several more years before EPA releases AERSCREEN. Therefore, inco rporating SCREEN3 in to our regulations

would be a worthwhile endeavor.Regulation Hygiene Rulemaking Response to Comments 7 of 7

2-13-08 Please revise the following sections as indicated by the RED BOLD text.

18 AAC 50.215(c) is amended to read:

(c) Except as noted in (e) of this section
, a person may substitute or modify an air quality model reference in (b) (1) of this section only after

...

(e) A person may use the dispersion model, SCREEN3, without using the procedures described in (c) of this sect ion. An analysis conducted with SCREEN3

must be consistent with EPA’s SCREEN3 Model User’s Guide , adopted by reference in 18 AAC 50.035(a)(7), and EPA’s Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised , adopted by reference in 18 AAC 50.035(a)(8).

18 AAC 50.035(a) is amended as follows:

(3) {as proposed}

(5) Ambient Monitoring Guidelines fo r Prevention of Significant Deterioration (PSD), EPA-450/4-87-007, May 1987; [AND]

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

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

Response C: Language changes to address SCREEN3 Model

The department agrees with the proposed revisions to Subsection 215(c), Subsection 215(e) and Paragraphs 035(a)5, 035(a)(7) and 03 5(a)(8). The department will revise the language in 18 AAC 50.215 and 18 AAC 50.035 as recommended by APP staff to address additional regulations language concerns identified by the Construction Permit Group staff.

Response C: Revised Regulations—Langua ge changes to address SCREEN3 Model

Subsection 215(c) is revised to reflect th e recommended language change. Subsection 215(e) is added to include the recommended la nguage. Paragraph 035(a)(5) is revised as recommended. Paragraphs 035(a)(7) a nd 035(a)(8) are added as recommended.

### Additional Information :

Regulation Hygiene Regulation
, Explanation of Proposed Changes1 of 5 Regulation Hygiene Regulation Explanation of Proposed Changes

These changes are considered to be non-c ontroversial and will address the following goals: 1. Update incorporations by reference 2. Adopt clarifications to ex isting regulations which fix typo s, incorrect references, and internal regulation conflicts 3. Make changes to regulations to eliminate confusion with or misinterpretations of the regulations.

Proposed Changes:

015 Editor’s note—The word “maintenance” is being added to the editor’s note for clarity.

030(10)—The effective dates of the Minor Permit Application Forms adopted by reference are being corrected to reflect th e dates on which each revision was approved.

035(a)(3)—The adoption by refere nce date for AP-42 is updated to December 2006, the

last date on which the Environmental Prot ection Agency (EPA), updated the publication.

035(b)—The adoption by reference date for 40 CFR is updated to July 1, 2007, the date on which the most recent annual updates to 40 CFR were compiled and published by the EPA. They are available in published form on the internet at this time.

040(a)—The adoption by reference date for 40 CFR Part 60 is updated to July 1, 2007,

the date on which the most recent annual updates to 40 CFR Part 60 were compiled and published by the EPA. They are available in published form on the internet at this time.

040(b)—The adoption by reference date fo r 40 CFR Part 61 is updated to May 16, 2007, the date on which the most recent update to 40 CFR Part 61 was published in the Federal Register (FR) by the EPA. The May 16, 2007, upda te is available on th e internet at this time. The annual update to 40 CFR 61 has not yet been published to the internet.

040(c)—The adoption by reference date for 40 CFR Part 63 is updated to July 16, 2007, the date on which the most recent update to 40 CFR Part 63 was published in the FR by the EPA. The July 16, 2007, FR publication postdates the July 1, 2007, publication of the 40 CFR 63 and contains updated informati on necessary for the regulation hygiene rulemaking. Therefore, the da te is updated accordingly.

040(c)(24)—The paragraph is being repealed due to the vacature of Appendix A (Test Methods) by the D.C. Circuit Court on June 8, 2007.2 of 5 040(d)—The adoption by reference date for 40 CFR Part 82 is updated to July 1, 2007,

the date on which the most recent annual updates to 40 CFR Part 82 were compiled and published by the EPA. They are available in published form on the internet at this time.

040(e)—The adoption by reference date for 40 CFR Part 52.70 - 40 CFR 52.96 is updated to July 1, 2007, the date on which the mo st recent annual updates to 40 CFR Part 52.70 – 40 CFR Part 52.96 were compiled and publis hed by the EPA. They are available in published form on the internet at this time.

040(f)—The subsection is being revised to inco rporate the latest revision to the Guideline on Air Quality Models (for AERMOD) and to up date the date of adoption by reference of 40 CFR Part 51, Appendix W to July 1, 2007, the date on which the most recent annual updates to 40 CFR Part 51 were compiled and published by the EPA. They are available in published form on the internet at this time.

040(g)—The adoption by reference date for 40 CFR Part 62 is updated to July 1, 2006,

the date on which the most recent annual updates to 40 CFR Part 62 were published by the EPA. The 2007 annual update to 40 CFR 62 has not yet been published to the

internet.

040(g)(4)—The CISWI Definition Rule is be ing repealed because the definition was vacated by the D.C. Circuit Court on June 8, 2007.

040(h)—The adoption by reference date for 40 CFR Part 51.166 and 40 CFR 52.21 is updated to July 1, 2007, the date on which the most recent annual updates to 40 CFR Part 51.166 and 40 CFR Part 52.21 were compiled and published by the EPA. They are available in published form on the internet at this time.

040(h)—Paragraphs (17), (18), and (19) re garding clean unit a nd pollution control projects are being repealed due to a D.C. Circuit Court decision; the decision was published in the Federal Register on June 13, 2007.

040(h)—Paragraph (20) is being revised to a llow for use of mass ba lance for calculating compliance with a sulfur dioxide PAL.

040(i)—The adoption by reference date fo r 40 CFR 51.165 is updated to July 1, 2007, the date on which the most recent annual updates to 40 CFR Part 51.165 were compiled and published by the EPA. They are available in published form on the internet at this time.

040(i)—Paragraphs (7), (8), and (9) regardi ng clean unit and pollution control projects are being repealed due to a D.C. Circuit C ourt decision; the decisi on was published in the Federal Register on June 13, 2007.

040(i)(10)—Paragraph (10) is being revise d to allow for use of mass balance for calculating compliance with a sulfur dioxide PAL.3 of 5 040(j)—The adoption by reference date for 40 CFR Part 71 is updated to July 1, 2007,

the date on which the most recent annual updates to 40 CFR Part 71 were compiled and published by the EPA. They are available in published form on the internet at this time.

050(b) Table 4—Numbers 1,000 and greater require commas.

055(a)(9)(D)—The subparagraph is being update d to say “stationary source” specific rather than “facility” specific to comply with the Clean Air Act.

090(b)—Subsection (b) is being reworded to address changes in DOT requirements for marking tank vehicles.

215(a)—The subsection is being repealed and readopted to incorporate language changes and to indicate adoption by reference of EPA’s Meteorological Monitoring Guidance for Regulatory Modeling Applications in 18 AAC 50.035(a)(4).

215(b)(1)—The paragraph is be ing corrected to address a typo; 18 AAC 50.030 is being corrected to 18 AAC 50.040(f).

215(c)—The subsection is be ing revised for clarity.

215(d) Table 5—Numbers 1,000 and greater require commas.

225(b)—A new paragraph (7) regarding re quirements for applying for an Owner Requested Limit is being added to the subsect ion. Therefore, the entire subsection is being repealed and readopted to comply with Department of Law requirements. When a new paragraph is added into the middle of an existing subsection, thereby requiring renumbering of existing paragraphs (i.e. renum bering (7) and (8) to (8) and (9)), it is necessary to repeal a nd readopt the subsection.

306(b)(1)(A)—The subparagraph is being revise d to add (b)(48)(ii)(c ) [baseline actual emission for MACT] and (i)(1)(x) [PM subject ] to the list defining “administrator” as meaning “federal administrator” in the listed parts of the Code of Federal Regulations.

306(b)—Paragraphs (2) and (3) on Clean Unit ap plicability are being repealed due to a D.C. Circuit Court decision; the decision wa s published in the Federal Register on June 13, 2007.

306(c)—The subsection is being corrected to address a typo; 40 C.F. R. 52.166(f) is being corrected to 40 C.F.R. 51.166(f).

400(d)—The subsection is being corrected to address a typo; correct typo of “and” to

“an”.4 of 5 400(e)(3)-(f)— Paragrap h (e)(3) and subsection (f) with reference to pollution control projects are being repealed due to a D.C. Circuit Court decision; the decision was published in the Federal Register on June 13, 2007.

400(g)—The subsection is being reworded for clarity.

400(m)—Paragraph (6) regarding clean unit design ation is being repealed due to a D.C. Circuit Court decision; the decision was publis hed in the Federal Register on June 13,

2007.

500—Article 5 Section Headings—Heading 509 re garding pollution control projects is being repealed due to a D.C. Circuit Cour t decision; the decision was published in the Federal Register on June 13, 2007.

502(c)—The subsection is being reworded for clarity. Sub-subparagr aphs (c)(3)(A(ii) and (c)(3)(B)(ii) also are being corrected to address a typo; corre ct typos of “(i)” to “(ii)”.

502(d)(2)—The paragraph is bei ng corrected to address a ty po; correct typo of “an” to

“and”.

502(d)(2)(A)—The subparagraph is being revise d to add the words “or authorization”.

502(g)—Paragraphs (1) and (2) on clean unit and pollution control projects are being repealed due to a D.C. Circuit Court decisi on; the decision was published in the Federal Register on June 13, 2007.

502(h)—The subsection is being amended to add a new paragraph (502(h)(5)) with the definition of “beginning actual construction”.

508(1)-(2)—Subsections (1) and (2) on clean un it and pollution control projects are being repealed due to a D.C. Circuit Court decisi on; the decision was published in the Federal Register on June 13, 2007.

508(5)—The subsection is being corrected to addr ess a typo; correct typo of “for” to “at”.

509—This section regarding polluti on control projects is bei ng repealed due to a D.C. Circuit Court decision; the decision was publis hed in the Federal Register on June 13,

2007.

540(f)-(g)—Subsections (f) and (g) regarding cl ean unit and pollution control projects are being repealed due to a D.C. Circuit Cour t decision; the decision was published in the Federal Register on June 13, 2007.

542(f)—Paragraphs (4) and (5) regarding clean unit and pollution control projects are being repealed due to a D.C. Circuit Cour t decision; the decision was published in the Federal Register on June 13, 2007.5 of 5 542(g)(1)—References to clean unit and pollution c ontrol projects are being deleted due to a D.C. Circuit Court decision; the decisi on was published in the Federal Register on June 13, 2007.due to D.C. Court decision and 13 June 2007, FR.

544(c)—The subsection is be ing revised for clarity.

544(c)(3)—The paragraph is bei ng revised to include a requi rement to keep a copy of maintenance procedures.

544(e)—Subsection (e) regardi ng pollution control projects is being repealed due to a D.C. Circuit Court decision; the decision wa s published in the Federal Register on June 13, 2007.

544(h)—The subsection is being reworded for clarity.

546(a)—The subsection is being revised to include the phrase “or at the department’s discretion” for clarity.

990(21)—The definition of clean unit is bei ng repealed due to a D.C. Circuit Court decision; the decision was published in the Federal Register on June 13, 2007.

990(59)—The definition of modi fication is being revised to the Clean Air Act definition rather than referencing AS 46.14.990 because th e definition has been repealed from the

statutes.

990(77)—The definition of pollution control pr oject is being repealed due to a D.C. Circuit Court decision; the decision was publis hed in the Federal Register on June 13,

2007.

990(8)(B), (42)(A), (52)(A), (52)(B), (53)(A), (53)(B), (61), (63), and (92)—The adoption by reference dates for 40 CFR secti ons are updated to the applicable date on which the most recent annual updates to 40 CFR were compiled and published by the EPA. They are available in published form on the internet at this time.