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 25, 2008, with Delegation of Lieutenant Governor’s 

Authority certificate dated July 31, 2007.

Draft copy of changes to regulations 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).
 

(This page left blank intentionally) 


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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 

Commissioner 
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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 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. 

... 

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, Register 147; am 1/1/2000; Register 152; am 

12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register 161; am 

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

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

__/__/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 Emission 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, Register 146; am 7/2/2000, Register 154; am 

2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 

12/3/2005, Register 176; am __/__/2008, Register ___) 

... 
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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 July 
Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT 

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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. 

... 

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 Requirements for Commercial and Industrial 

Solid Waste Incineration Units that Commenced 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 Deterioration 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 __/__/____; 
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... 

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 operator 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 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 provisions 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 __/__/____; 
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... 

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 activities using coating or solvents or 

from activities emitting sulfur 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, Register 146; am 6/21/98, Register 146; am 

7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 

10/1/2004, Register 171; am 12/3/2005, Register 176; am __/__/2008, Register ___) 

... 
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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 CO2 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 CO2 and standard conditions, averaged over three 

hours 

An incinerator that burns waste containing more 

than 10 percent wastewater treatment plant sludge 

by dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 

0.65 grams per kilogram of dry sludge 

input 

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

(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 __/__/2008, Register ___) 

... 

18 AAC 50.090(b) is amended to read: 

(b) [IN ACCORDANCE WITH THE DEPARTMENT'S AIR QUALITY 
Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT 

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COMPLIANCE CERTIFICATION PROCEDURES FOR VOLATILE LIQUID STORAGE 

TANKS, DELIVERY TANKS, AND LOADING RACKS, ADOPTED BY REFERENCE IN 

18 AAC 50.030, t] 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 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 pressure 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 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 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 ENVIRONMENTAL CONSERVATION DRAFT 

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... 

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 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 Monitoring, 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, 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 ambient concentrations and impairment to 

visibility are based on applicable air quality models, databases, 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 Section 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 air quality model is more 
Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT 

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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 COMPARISON OF AIR QUALITY 

MODELS AND INTERIM PROCEDURES FOR EVALUATING AIR QUALITY MODELS 

(REVISED), ADOPTED BY REFERENCE IN 18 AAC 50.030; AND 

(3) OBTAINING APPROVAL FROM THE FEDERAL 

ADMINISTRATOR AND THE COMMISSIONER FOR THE SUBSTITUTION OR 

MODIFICATION IF AN AMBIENT 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 μg/m3 

1.0 μg/m3 

1.0 μg/m3 

........... 

5 μg/m3 

5 μg/m3

........... 

........... 

........... 

........... 

........... 

500 μg/m3

25 μg/m3 

...........

........... 

........... 

........... 

........... 

........... 

2,000 μg/m3

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

__/__/2008, Register ___) 

... 
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18 AAC 50.225(b) is repealed and readopted to read: 

(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 the proposed limits, including for each air 

pollutant a calculation of the effect the limits will have on the stationary source's 

potential to emit and the allowable emissions;

(5) a description of a verifiable method to attain and maintain 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 requirement 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 application, 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 signature of the person requesting the 

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, Register 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); and 
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... 

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 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 50.326 

or 18 AAC 50.502 not subject to (c) of this section who requests a minor permit must pay 

a nonrefundable one-time permit fee of $3,975. However, if fast-track procedures are not 

available under 18 AAC 50.542(b)(1), the permittee, owner, or operator must 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 __/__/____. 
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... 

18 AAC 50.400(f) is repealed: 

(f) Repealed __/__/____. 

... 

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 

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. 

... 

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 1/29/2005, 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, or 
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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 emission unit with a rated capacity 

of 10 million Btu or more per hour in a sulfur dioxide special protection 

area established under 18 AAC 50.025(c); or 

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

operation of an existing stationary source with a potential to emit an air pollutant greater 

than an amount listed in (1) of this subsection that will cause for that pollutant an 

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

increase in 

(A) potential to emit that is greater than 

(i) 10 TPY of PM-10 

(ii) [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; or 
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(B) actual emissions and a net emissions 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 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 

... 

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 __/__/____ ; 

... 
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18 AAC 50.502(h)(4) is amended to read: 

(4) “projected actual emissions” means the maximum annual rate, in tons 

per year, at which an existing emission unit is projected to emit a regulated NSR pollutant 

in any one of the five 12-month periods following the date the unit resumes regular 

operation after the project, or in any one of the 10 years following that date, if the project 

involves increasing the emissions unit's design capacity or the potential to emit that 

regulated NSR pollutant and full utilization of the unit would result in an emissions 

increase or a net emissions increase greater than a threshold in (c)(3) of this section;[.] 

... 

18 AAC 50.502(h) is amended by adding 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 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 

... 
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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, Register 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 CONTROL PROJECT, OR] plantwide 
Register ____, ________ 2008 ENVIRONMENTAL CONSERVATION DRAFT 

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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 modification will not cause or contribute to a violation of any 

ambient air quality standard 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 maintenance of monitoring equipment; 

(B) sampling emissions according to the methods prescribed by 

the department and at locations and intervals, and by procedures specified by the 

department; 

(C) providing source test reports, monitoring data, emissions data, 

and information from analyses of any test samples; 

(D) keeping records; and 

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

(2) 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 __/__/____.

... 
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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, THE DEPARTMENT WILL] 

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

APPROVAL], including [THE LIMITS,] specific 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 THIS APPROVAL” FOLLOWED BY A 

SPACE FOR THE OWNER’S OR OPERATOR’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 “potential to emit” in 40 C.F.R. 51.166(b), 

the words “or enforceable as a practical matter” are added after “federally 
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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 definition 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 stationary 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 the 
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definition of “major modification” 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 meaning 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” has 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, 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, 
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Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am __/__/2008, 

Register ___) 


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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];
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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 dioxide [DIOXIDE]:

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

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

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

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

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

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

Nitrogen dioxide [DIOXIDE]:

Annual arithmetic mean ........................... .................2.5
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CLASS II

PM-10:

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

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

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

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

Sulfur dioxide [DIOXIDE]:

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

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

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

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

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

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

Nitrogen dioxide [DIOXIDE]:

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

CLASS III

PM-10:

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

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

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

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

Sulfur dioxide [DIOXIDE]:

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

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

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

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

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

................700
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Nitrogen dioxide [DIOXIDE]:

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

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, 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, Register 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) publication 
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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 12/3/2005, 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 1993
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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 following 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 following provisions of 40 C.F.R. Part 63 (National Emission Standards for 

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

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

(1) Subpart A (General Provisions), except 40 C.F.R. 63.5(e)(2) - (f);

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

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

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not adopted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 

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

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

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

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

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

Reductions of Hazardous Air Pollutants);

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

Cleaning Facilities);

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

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

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

Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

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

(10) Subpart CC (Petroleum Refineries);

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

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

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

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

(15) Subpart JJ (Wood Furniture Manufacturing);

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

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);
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(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 Remediation);

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

(26) Subpart LLLLLL (Acrylic and Modacrylic Fibers Production Area 

Sources);

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

(28) Subpart NNNNNN (Chemical Manufacturing Area Sources: 

Chromium Compounds);

(29) Subpart OOOOOO (Flexible Polyurethane Foam Production and 

Fabrication Area Sources);

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

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

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

(33) [(28)] Appendix B (Sources Defined for Early Reduction Provisions).
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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], are 
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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 PALs), except as follows:

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

52.21(aa)(12)(ii)(a) are also acceptable for activities using coating or solvents or for 

activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to 

owners or operators using mass balance calculations to monitor PAL pollutant 

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

dioxide from the combustion of fuel.
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The lead-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 contain 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:

(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 
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emissions from activities using coating or solvents or from activities emitting 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, Register 176; ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010
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18 AAC 50.050(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 [2000] pounds per hour

0.15 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide

[CO2] and standard conditions, averaged 

over three hours

Rated capacity greater than or equal to 2,000

[2000] pounds per hour

0.08 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide

[CO2] and standard conditions, averaged 

over three hours

An incinerator that burns waste containing more 

than 10 percent wastewater treatment plant sludge 

by dry weight from a municipal wastewater 

treatment plant that serves 10,000 or more 

persons 

0.65 grams per kilogram of dry sludge 

input

(Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am ___/___/____, Register ____)
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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 administrator 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 section.

(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] owner or operator of a delivery tank that is to be loaded with volatile 

liquid at a loading rack described in (a) of this section shall

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner 

or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix 
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A-8, Method 27, adopted by reference in 18 AAC 50.040(a), except that

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

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

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

of water; and

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

for gasoline;

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

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

(A) for a delivery tank 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. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by 

reference;

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

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

numerals at least four inches high;

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

color of the tank;

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

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

be clearly visible;

(iv) the marking must be "V - month/year";
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(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 ___/___/____, 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 

Monitoring, adopted by reference in 18 AAC 50.030, for PM-10, total suspended particulates 

(TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, and ammonia;

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, 

Appendices D and H, adopted by reference in 18 AAC 50.035(b), for ozone;

(3) EPA’s Meteorological Monitoring Guidance for Regulatory Modeling 

Applications, adopted by reference in 18 AAC 50.035(a), for meteorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of 

replication, and approved by the department.
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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 -- Recommendations), adopted by 

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

preferred air quality model; and

(2) obtaining approval from the regional administrator and the commissioner.
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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 

dioxide

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

Carbon 

monoxide

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

Note to Table 5:

In this table, "N/A" means not applicable.

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

(e) A person may use 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, 
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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 read:

(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 potential 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, including 

an explanation of why the requirement would apply in the absence of the limit and how the limit 

allows the person to avoid the requirement;

(7) if applying all limits does not avoid all permit classifications under 

AS 46.14 and this chapter, a description, and if necessary an application, for the remaining 
Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

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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 person 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, Register 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 repealed:

(2) repealed ___/___/____;

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

(3) repealed ___/___/____;
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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 application received for a permit under 

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

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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 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.

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 1/29/2005, 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 37.10.058
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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, beginning 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 amount listed in 
Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

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(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 

PROJECT (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 repealed:

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

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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

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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 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 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) installation, use, and maintenance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples;

(D) keeping records; and

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

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

18 AAC 50.050 – 18 AAC 50.090; and
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(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 DEPARTMENT. 

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 50.020 or ambient air quality 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 THE 
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DATE OF THE SIGNATURE].

(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 46.14.250

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.

(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 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; or
Register ___, _______ 2008 ENVIRONMENTAL CONSERVATION

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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, 2007 [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 administrator 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 ____)

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

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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 1993
 

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

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03.765

Alaska Statute 46.03.780

Alaska Statute 46.03.790

Alaska Statute AS 46.14
 

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Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

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 environment, including by way of 

example only, petroleum and natural gas pipelines;

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

state;

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

;

(5) adopt regulations for

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

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

(C) standards of cleanliness and sanitation in connection with the construction, operation, 

and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, 

mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, 

manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing 

establishment, soft drink establishment, beer and wine dispensaries, and for other similar 

establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commercially compressed air sold for human 

respiration.

(b) The department's regulations for tattooing and permanent cosmetic coloring shops and 

for body piercing shops must include requirements that

(1) the shop be equipped with appropriate sterilizing equipment, with availability of hot and 

cold running water, and with an appropriate waste receptacle;

(2) the owner of the shop is responsible for ensuring that case history cards are kept for each 

client for a period of three years after the client's most recent tattooing and permanent cosmetic 

coloring or body piercing;
(3) a practitioner in the shop may use only instruments for tattooing and permanent cosmetic 

coloring or body piercing that have been sterilized in accordance with methods approved by the 

department.
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 before any state or federal regulatory agency 

involving or affecting the purposes of the department;

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the 

accomplishment of the purposes of the department; these activities may be carried out by the 

personnel of the department or in cooperation with public or private agencies, including 

educational, civic, and research organizations, colleges, universities, institutes, and foundations;

(6) at reasonable times, enter and inspect with the consent of the owner or occupier any 

property or premises to investigate either actual or suspected sources of pollution or 

contamination or to ascertain compliance or noncompliance with a regulation that may be 

adopted under AS 46.03.020 - 46.03.040; information relating to secret processes or methods of 

manufacture discovered during investigation is confidential;

(7) conduct investigations and hold hearings and compel the attendance of witnesses and the 

production of accounts, books, and documents by the issuance of a subpoena;

(8) advise and cooperate with municipal, regional, and other local agencies and officials in 

the state, to carry out the purposes of this chapter;

(9) act as the official agency of the state in all matters affecting the purposes of the 

department under federal laws now or hereafter enacted;
(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way 

of example and not limitation, regulations providing for

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

(B) safeguard standards for petroleum and natural gas pipeline construction, operation,

modification, or alteration;

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

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

systems;

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

(E) collection and disposal of garbage, refuse, and other discarded solid materials from 

industrial, commercial, agricultural, and community activities or operations;

(F) control of pesticides;

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

46.03.010 ;

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

(11) inspect the premises of sellers and suppliers of paint, vessels, and marine and boating 

supplies, and take other actions necessary to enforce AS 46.03.715 ;

(12) notwithstanding any other provision of law, take all actions necessary to receive 

authorization from the administrator of the United States Environmental Protection Agency to 

administer and enforce a National Pollutant Discharge Elimination System program in 

accordance with 33 U.S.C. 1342 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean 

Water Act), 40 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended;

(13) require the owner or operator of a facility to undertake monitoring, sampling, and 

reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).
Sec. 46.03.760. Civil action for pollution; damages.

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

other than AS 46.03.250 - 46.03.313, or a provision of AS 46.04 or AS 46.09, or a regulation, a 

lawful order of the department, or a permit, approval, or acceptance, or term or condition of a 

permit, approval, or acceptance issued under this chapter or AS 46.04 or AS 46.09 is liable, in a 

civil action, to the state for a sum to be assessed by the court of not less than $500 nor more than 

$100,000 for the initial violation, nor more than $5,000 for each day after that on which the 

violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse 

environmental effects caused by the violation, which shall be determined by the court according 

to the toxicity, degradability, and dispersal characteristics of the substance discharged, the 

sensitivity of the receiving environment, and the degree to which the discharge degrades existing 

environmental quality;

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

correction of the violation;

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

which a violation is charged.

(b) Except as determined by the court under (e)(4) of this section, actions under this section 

may not be used for punitive purposes, and sums assessed by the court must be compensatory 

and remedial in nature.

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

of all or part of that portion of the sum imposed upon a person under (a)(3) of this section 

conditioned upon the person complying, within the shortest feasible time, with the requirement 

for which a violation is shown.

(d) In addition to liability under (a) - (c) of this section, a person who violates or causes or 

permits to be violated a provision of AS 46.03.740 - 46.03.750 is liable to the state, in a civil 

action brought under AS 46.03.822 , for the full amount of actual damages caused to the state by 

the violation, including

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

pollutant;

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

(3) amounts paid as grants under AS 29.60.510 - 29.60.599 and as emergency first response 

advances and reimbursements under AS 46.08.070(c); and

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

46.03.313, 46.03.460 - 46.03.475, AS 46.14, or a regulation, a lawful order of the department, or 

a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance 

issued under AS 46.03.250 - 46.03.313, 46.03.460 - 46.03.475, AS 46.14, or under the program 

authorized by AS 46.03.020(12), is liable, in a civil action, to the state for a sum to be assessed 

by the court of not less than $500 nor more than $100,000 for the initial violation, nor more than 

$10,000 for each day after that on which the violation continues, and that shall reflect, when 

applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse 

environmental effects caused by the violation, that shall be determined by the court according to 

the toxicity, degradability and dispersal characteristics of the substance discharged, the 

sensitivity of the receiving environment, and the degree to which the discharge degrades existing 

environmental quality; for a violation relating to AS 46.14, the court, in making its determination 

under this paragraph, shall also consider the degree to which the discharge causes harm to 

persons or property; for a violation of AS 46.03.463 , the court, in making its determination 

under this paragraph, shall also consider the volume of the graywater, sewage, or other 

wastewater discharged; this paragraph may not be construed to limit the right of parties other 

than the state to recover for personal injuries or damage to their property;

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

correction of the violation;

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

which a violation is charged; and

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

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

AS 43.52.295 , who falsifies a registration or report required by AS 46.03.460 or 46.03.475 or 

who violates or causes or permits to be violated a provision of AS 46.03.250 - 46.03.314, 

46.03.460 - 46.03.490, AS 46.14, or a regulation, a lawful order of the department, or a permit, 

approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under 

AS 46.03.250 - 46.03.314, 46.03.460 - 46.03.490, or AS 46.14 is liable, in a civil action, to the 

state for a sum to be assessed by the court of not less than $5,000 nor more than $100,000 for the 

initial violation, nor more than $10,000 for each day after that on which the violation continues, 

and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse 

environmental effects caused by the violation, that shall be determined by the court according to 

the toxicity, degradability, and dispersal characteristics of the substance discharged, the 

sensitivity of the receiving environment, and the degree to which the discharge degrades existing 

environmental quality; for a violation relating to AS 46.14, the court, in making its determination 

under this paragraph, shall also consider the degree to which the discharge causes harm to 

persons or property; this paragraph may not be construed to limit the right of parties other than 

the state to recover for personal injuries or damage to their property;
(2) reasonable costs incurred by the state in detection, investigation, and attempted 

correction of the violation;

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

which a violation is charged; and

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

(g) As used in this section, "economic savings" means that sum which a person would be 

required to expend for the planning, acquisition, siting, construction, installation and operation of 

facilities necessary to effect compliance with the standard violated.
 

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Sec. 46.03.765. Injunctions.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 

46.14, or of a regulation, a lawful order of the department, or permit, approval, or acceptance, or 

term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 

46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be 

obtained upon a showing of an imminent threat of continued violation, and probable success on 

the merits, without the necessity of demonstrating physical irreparable harm. The balance of 

equities in actions under this section may affect the timing of compliance, but not the necessity 

of compliance within a reasonable period of time.
 

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Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or 

who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46.14, or 

violates or disregards an order, permit, or other determination of the department made under the 

provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the 

death of fish, animals, or vegetation or otherwise injures or degrades the environment of the state 

is liable to the state for damages.

(b) Liability for damages under (a) of this section includes an amount equal to the sum of 

money required to restock injured land or waters, to replenish a damaged or degraded resource, 

or to otherwise restore the environment of the state to its condition before the injury.

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

the state.
 

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Sec. 46.03.790. Criminal penalties.

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

the person with criminal negligence

(1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or 

order of the department, or a permit, approval, or acceptance, or a term or condition of a permit, 

approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14;

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

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

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

(3) makes a false statement or representation in an application, label, manifest, record, 

report, permit, or other document filed, maintained, or used for purposes of compliance with AS 

46.03.250 - 46.03.313 applicable to hazardous wastes or a regulation adopted by the department 

under AS 46.03.250 - 46.03.313;

(4) makes a false statement, representation, or certification in an application, notice, record, 

report, permit, or other document filed, maintained, or used for purposes of compliance with AS 

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

AS 46.14; or

(5) renders inaccurate a monitoring device or method required to be maintained under AS 

46.14, a regulation adopted under AS 46.03.020 (12) or AS 46.14, a permit issued by the 

department or a local air quality control program under AS 46.14, or a permit issued by the 

department under the program authorized by AS 46.03.020 (12).

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

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

violation.

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

in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the 

provisions of an oil discharge contingency plan approved under AS 46.04.030 , with criminal 

negligence fails to comply with the plan is guilty of

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

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

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

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

adopted under AS 46.03.020 (12) or of a violation related to AS 46.14 and described in (a) of 

this section, a defendant who is not an organization may be sentenced to pay a fine of not more 

than $10,000 for each separate violation.

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

if the person negligently

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

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

(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 standards, or exemptions to implement a 

state air quality control program required under 42 U.S.C. 7401 - 7671q (Clean Air Act), as 

amended, and regulations adopted under those sections. The standards established under this 

section may be for the state as a whole or may vary in recognition of local conditions.

(b) Unless the governor has determined that an emergency exists that requires emergency 

regulations under AS 44.62.250 , the department may adopt the following types of regulations 

only after the procedures established in (a), (c), and (d) of this section and compliance with AS 

46.14.015:

(1) a regulation that establishes an ambient air quality standard for an air pollutant for which 

there is no corresponding federal standard;

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

more stringent than a corresponding federal standard;

(3) a regulation that establishes an equivalent emission limitation for a hazardous air 

pollutant for which the federal administrator has not adopted a corresponding maximum 

achievable control technology standard; or

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

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

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

described under (b) of this section, the department shall

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

unit characteristics in the state or in an area of the state reasonably require the ambient air quality 

standard, or emission standard to protect human health and welfare or the environment; this 

paragraph does not apply to a regulation under (b)(3) of this section;

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

feasible; and

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

(d) Before adopting a regulation described in (b)(2) of this section, the department shall find 

in writing that exposure profiles and either meteorological conditions or emissions unit 

characteristics are significantly different in the state or in an area of the state from those upon 

which the corresponding federal regulation is based.
(e) When incorporated into more than one permit, emission standards and limitations, 

emissions monitoring and reporting requirements, and compliance verification requirements that 

are generally applicable statewide or are generally applicable to individual emissions unit or 

stationary source types shall be adopted in regulation unless they have been requested by the 

owner and operator to whom the permit is issued. The department shall, by regulation, adopt a 

standard, limitation, or requirement described in this subsection as soon as its general 

applicability is reasonably foreseeable.

(f) An emission standard adopted by the department may be applicable to individual 

emissions units within a stationary source or to all emissions units within a stationary source. For 

purposes of determining compliance with applicable regulations and with permit limitations, the 

department may allow numerical averaging of the emissions of each air pollutant from several 

emissions units within a stationary source if

(1) requested by the owner and operator; and

(2) allowed under 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, and regulations 

adopted under those sections.

Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written 

findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public 

at locations throughout the state that the department considers appropriate.

(b) Before the department adopts a regulation described in AS 46.14.010(b), the department 

shall submit the findings described under (a) of this section, the studies on which the findings are 

based, and other related data for peer review to a minimum of three separate parties who are not 

employees of the department and who are determined by the commissioner to be technically 

qualified in the subject matter under review. The commissioner shall ensure that the peer review 

includes an analysis of the factors considered by the commissioner to support the standards 

proposed to be adopted and recommendations, if any, for additional research or investigation 

considered appropriate. Peer review reports shall be submitted to the commissioner within 45 

days after the department submits a matter for peer review unless the commissioner determines 

that additional time is required.

(c) The department shall make available to the public at least 30 days before the public 

hearing required under AS 46.14.010 (a), at convenient locations, copies of the department's 

proposed regulation, the findings of the department describing the basis for adoption of the 

regulation, and the peer review reports, submitted under (b) of this section.

(d) The department shall contract with persons to perform peer review under (b) of this 

section. All persons selected shall be selected on the basis of competitive sealed proposals under 

AS 36.30.200 - 36.30.270 (State Procurement Code). The commissioner may not contract with a 

person to perform peer review under this section if the person has a significant financial interest 

or other significant interest that could bias evaluation of the proposed regulation. An interest is 
not considered significant under this subsection if it is an interest possessed generally by the 

public or a large class of persons or if the effect of the interest on the person's ability to be 

impartial is only conjectural.

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

(a) The department, by regulation, may classify stationary sources or emissions units that, in 

the department's determination, are likely to cause or contribute to air pollution, according to the 

levels and types of emissions and other characteristics that relate to air quality. The department 

may make a classification under this subsection applicable to the state as a whole or to a 

designated area of the state. The department shall base the classifications on consideration of 

health, economic, and social factors, sensitivity of the receiving environment, and physical 

effects on property.

(b) The department or a local air quality control program authorized under AS 46.14.400

may require an owner and operator of a stationary source or emissions unit classified under this 

section to report information to the department or the authorized local program concerning 

location, size, and height of stacks or area emissions units, processes employed, fuels used, the 

nature and time periods or duration of emissions, and other information relevant to air quality 

that is available or reasonably capable of being calculated and compiled.

Sec. 46.14.030. State air quality plan.

The department shall act for the state in any negotiations relative to the state air quality control 

plan developed under 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended. The department may 

adopt regulations necessary to implement the state plan.

Article 02. EMISSION CONTROL PERMIT PROGRAM

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

Repealed or Renumbered

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

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

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

(b) Except when considered to be in compliance with this chapter under AS 46.14.275 or 

under a regulation adopted under AS 46.14.140(a)(12), the owner and operator shall obtain an 

operating permit under this chapter before operating a stationary source subject to AS 46.14.130

(b).

(c) A permittee shall comply with the terms and conditions of a permit or a modifying 

compliance order issued by the department under this chapter or a court order. A person 
operating under the application shield available under AS 46.14.140 (a)(12) and 46.14.275, shall 

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

(d) The department shall ensure that permits issued, modified, amended, renewed, or 

revoked and reissued under this chapter comply with all applicable federal, state, and local 

requirements.

(e) If the federal administrator exempts a stationary source from the requirements of 42 

U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used 

by the administrator in reaching that determination and, by regulation, shall issue a similar 

determination unless public health or air quality effects provide a reasonable basis to regulate the 

stationary source.

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

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

(g) Before constructing, installing, modifying, operating, or establishing a stationary source 

subject to AS 46.14.130 (c), the owner or operator shall obtain a minor permit under this chapter.

Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before 

beginning actual construction of any one of the following:

(1) a new major stationary source;

(2) a major modification;

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

Air Act, sec. 112(i)).

(b) Except for the owner and operator of a stationary source exempted under AS 46.14.120

(e) or (f), the owner and operator of a stationary source shall obtain an operating permit from the 

department for

(1) a major source;

(2) a stationary source that contains an emissions unit subject to federal new source 

performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission 

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

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

(c) Unless the owner and operator of a stationary source are required to obtain a construction 

permit under (a) of this section, before constructing, installing, modifying, operating, or 
establishing a stationary source, the owner and operator shall obtain a minor permit from the 

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

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

(2) under a finding by the department that public health or air quality effects provide a 

reasonable basis to regulate the stationary source.

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

Sec. 46.14.140. Emission control permit program regulations.

(a) The department shall adopt regulations to address substantive and procedural elements of 

the emission control permit program established under this chapter that are not addressed in 

statute, except elements that relate only to the internal management of the department and do not 

affect the public or govern the way the department deals with the public. The regulations must be 

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

with 42 U.S.C. 7401 - 7671q (Clean Air Act), as amended, and applicable federal regulations. 

Except for regulations concerning minor permits required under AS 46.14.130 (c), the 

regulations must include

(1) a standard permit application form that meets the requirements of federal regulations 

adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b));

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

AS 46.14.130 (b), which must comply with the requirements established for state operating 

permit programs in 40 C.F.R. 70.6, but which may be modified to take into account this state's 

unique conditions;

(3) procedures for preparation and submission of a monitoring, reporting, and quality 

assurance plan and, if required, a compliance schedule describing how a permitted stationary 

source will comply with the applicable requirements of this chapter;

(4) procedures for

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

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

(C) processing and reviewing an application;

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

(E) issuing permits, including procedures for issuing permits for temporary operations or 

open burn activities;
(5) reasonable standard permit conditions, including conditions for

(A) emission standards and limitations;

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

(C) inspection and entry;

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

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

(7) provisions addressing late payment or nonpayment of fees, which may include 

assessment of penalties and interest or refusal to issue, amend, modify, or renew an air quality 

control permit;

(8) the duration of permits;

(9) procedures for modifying or amending a permit that provide flexibility in the operation 

of the stationary source, including procedures to allow changes to a permitted stationary source 

without requiring a permit modification, consistent with the purposes of this chapter and with 42 

U.S.C. 7401 - 7671q (Clean Air Act);

(10) reasonable provisions for renewing, reopening, revoking and reissuing, and terminating 

a permit consistent with the purposes of this chapter and 42 U.S.C. 7401 - 7671q (Clean Air 

Act);

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

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

all of AS 46.14.120 and 46.14.130;

(12) provisions authorizing stationary source operation while a permit application is 

pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 503(d));

(13) provisions for ensuring that compliance with an operating permit issued under this 

chapter will be considered to be compliance with 42 U.S.C. 7661a (Clean Air Act, sec. 502) and 

other provisions of state or federal law specifically provided for by the department consistent 

with 42 U.S.C. 7401 - 7671q (Clean Air Act) and regulations adopted under state and federal 

law;
(14) provisions allowing for certification of inspectors who evaluate compliance with the 

terms and conditions of a permit, order, regulation, or other provision of law authorized under 

this chapter; and

(15) definitions of terms incorporating applicable definitions in 42 U.S.C. 7401 - 7671q 

(Clean Air Act), as amended, and applicable federal regulations, to the extent that those 

definitions are not inconsistent with this chapter.

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

(1) machinery, devices, or equipment of a particular type, from a particular supplier, or 

produced by a particular manufacturer; or

(2) specific methods, processes, procedures, or designs for the management and operation of 

a stationary source regulated under this chapter except to the extent that the federal administrator 

has

(A) adopted a design, equipment work practice, or operational standard under 42 U.S.C. 

7412(h), as amended, for the control of a hazardous air pollutant; or

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

amended.

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

not relieve a person from compliance with a permit issued under this chapter and with other 

provisions of law, including emission control requirements.

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

(a) The owner and operator of a stationary source required to have an operating permit under 

this chapter shall submit the required application and other information required by the 

department by regulation no later than 12 months after the date on which the stationary source 

becomes subject to AS 46.14.120 (b).

(b) The department may accept and begin processing applications filed earlier than the 

submission date. Applications filed earlier may be given priority for permit issuance.

Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for 

completeness. To be determined complete, an application must provide the information 

identified by the department in regulations adopted under AS 46.14.140 and in standard 

application forms provided by the department under AS 46.14.140 (a)(1) and must be certified 

true and correct by the owner and operator.
(b) The department shall notify the applicant in writing whether the application is complete. 

Unless the department notifies the applicant within 60 days of receipt of an application that the 

application is incomplete, the application is considered to be complete.

(c) If, during the processing of an application after it has been determined or considered to 

be complete, the department finds that additional information is necessary to evaluate or take 

action on that application, the information may be requested in writing from the owner and 

operator. A request for information under this subsection does not render the application 

incomplete. However, notwithstanding AS 46.14.275, an owner and operator may be found in 

violation of this chapter for operating without a valid permit if they fail to provide timely 

additional information.

Sec. 46.14.170. Administrative actions regarding permits.

(a) Except as provided in AS 46.14.220 or in regulations adopted under AS 46.14.140

(a)(7), after receipt of a complete application, and after notice and opportunity for public 

comment and hearing, the department shall issue or deny

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

(2) an operating permit, other than a general operating permit or temporary operating permit, 

within 12 months after receipt of the complete application by the department.

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

(c) Failure by the department to act within the time limits established in or under (a) or (d) 

of this section is considered to be a final agency action, but only for the purpose of judicial 

review to determine whether the court will require that action be taken by the department.

(d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 

days after the close of the public comment period or within 30 days after receipt of the complete 

application by the department if a public comment period is not required under this chapter.

Sec. 46.14.180. Monitoring.

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required 

by the department only for purposes of demonstrating compliance with applicable permit 

program requirements. Monitoring requirements must be reasonable and based on test methods, 

analytical procedures, and statistical conventions approved by the federal administrator or the 

department or otherwise generally accepted as scientifically competent. Unless otherwise agreed 

to by the owner and operator and the department,

(1) the department may not require an owner and operator of an emissions unit to monitor 

emissions or ambient air quality solely for the purpose of scientific investigation or research; and
(2) monitoring activities must be consistent with the applicable emission standards and their 

permit or permit application requirements.

Sec. 46.14.190. Single permit.

(a) Except as provided in (b) of this section, the department shall issue only a single 

operating permit to a stationary source, regardless of whether the stationary source contains a 

single emissions unit or multiple emissions units.

(b) The department may, upon request of a stationary source owner or operator, issue more 

than one permit for the stationary source. Substantive and procedural requirements otherwise 

applicable to a stationary source remain applicable regardless of whether the stationary source 

owner and operator apply for one or more permits.

Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected interest under state law that may be 

adversely affected by the permit action, the owner and operator, or, if a public comment process 

is required or solicited, a person who participated in the public comment process may request an 

adjudicatory hearing under the department's adjudicatory hearing procedures. After the issuance 

of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that 

decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General operating permits.

After notice and opportunity for public comment and hearing, the department may, unless the 

permit is disapproved by the federal administrator, establish a general operating permit that 

would be applicable to more than one stationary source determined by the department to be 

similar in emissions unit structure. A general operating permit must contain provisions that meet 

the requirements of this chapter that are applicable to operating permits. A general operating 

permit issued to a particular person takes effect when the person's application is determined to be 

complete unless the department notifies the applicant that the general permit is not applicable to 

the person's stationary source.

Sec. 46.14.211. General minor permits.

After notice and opportunity for public comment and hearing, the department may establish a 

general minor permit that would be applicable to more than one stationary source determined by 

the department to be similar in structure. If authorized by the department, a permit issued under 

this section may be valid for multiple locations in this state. A general minor permit must contain 

provisions that meet the requirements of this chapter that are applicable to a minor permit.

Sec. 46.14.215. Temporary operations.

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

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

locations identified in the application and authorized by the department. The department may not 

issue a permit under this section unless the permit contains conditions that will ensure 

compliance with this chapter at each authorized location, including compliance with ambient air 

quality standards and applicable increment or visibility requirements adopted under this chapter. 

A permit under this section must require the owner and operator to notify the department at least 

10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An operating permit may not be issued under this chapter until the federal administrator 

approves the permit, or until 45 days after a copy of the final draft permit has been provided by 

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

federal administrator files an objection with the department, the department shall notify the 

applicant of the objection. The department may not issue the permit until the objection is 

resolved or the permit is revised to meet the objection of the federal administrator. Upon request 

of an applicant, the department shall assist the applicant in an effort to resolve promptly an 

objection by the federal administrator.

(b) Within 60 days after the close of the 45-day period under (a) of this section and in 

accordance with procedures established in federal regulations adopted under 42 U.S.C. 

7661d(b)(2) (Clean Air Act, sec. 505(b)(2)), a person may petition the federal administrator to 

file an objection to the permit.

Sec. 46.14.230. Duration of operating permits.

(a) An operating permit under this chapter, including an operating permit that contains a 

compliance schedule, shall be issued for a fixed term of five years after the date of issue, except 

as provided for temporary operations under AS 46.14.215 or unless a shorter term is requested 

by the permit applicant.

(b) If a timely and complete application for renewal of an operating permit is submitted to 

the department, the existing permit issued under this chapter does not expire until the renewal 

permit has been issued or denied.

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

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

modification, or revocation and reissuance by the federal administrator of permits issued by the 

department under this chapter.

Sec. 46.14.240. Permit administration fees.

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

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

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

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

with AS 37.10.050 - 37.10.058.

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

(d) Costs incurred by the department and other state or local governmental agencies that are 

assessed against small business facilities that qualify for assistance under AS 46.14.300 -

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

services: 

(1) providing preapplication consultation, assistance, and completeness review of 

applications for a permit, an amendment, a permit modification, or a renewal of a permit;

(2) reviewing or assisting in the preparation of specific documents to support a permit for a 

stationary source; the documents described in this paragraph include on-site evaluations.

Sec. 46.14.250. Emission fees.

(a) A person named as permittee in a permit issued under this chapter shall pay to the 

department all assessed emission fees established under this section.

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

on the basis of dollars per ton of air pollutant emitted. The department shall assess emission fees 

annually on or before July 1 based on a stationary source's estimated assessable emissions for the 

subsequent fiscal year. The department may allow installment payments of assessed emission 

fees.

(c) For a stationary source that begins operation during a fiscal year, the department shall 

prorate the first year's fee to cover the time period occurring before the next annual payment 

date. The owner or operator shall pay the initial emission fee upon commencement of lawful 

stationary source operation unless authorized to pay by installments under (b) of this section. The 

first year's emission fee may not duplicate a fee paid by a permittee under AS 44.46.025 for the 

same emissions units for the same time period. If the fees would otherwise be duplicative, the 

department shall provide a credit toward the emission fee in the amount of the unused balance of 

the fee collected under AS 44.46.025 . The unused balance to be credited shall be based on 

prorating the total original fee under AS 44.46.025 for the time period for which an emission fee

applies.

(d) The department shall design the emission fee rate to distribute the total annual incurred 

costs described under (h) of this section in a manner so that each permittee is assessed an annual 

emission fee that reflects an equitable apportionment of the fees paid by each stationary source 

type, size, or category. In making an apportionment under (f)(6) of this section, the department 

shall consider factors such as exemptions or reduced rates for small amounts of emissions, limits 
upon assessable emissions, exempting small business facilities from the costs of the small 

business assistance program established under AS 46.14.300 , air pollution prevention efforts, 

and other factors that may ensure fair distribution of the costs described under (h) of this section.

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

(f) The department shall set the emission fee rate in regulation to implement the policy 

established in (d) of this section. The department shall base the regulation on the findings of a 

report, which the department shall make available to the public with proper notice before 

adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of stationary sources, their respective emission quantities, and 

their previous or proposed fee burden;

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

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

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

(g) The department shall periodically, and at least every four years, evaluate the fee rate set 

under this section to determine if it is responsive to the policy established in (d) of this section 

and shall provide its findings in a report.

(h) In this section,

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

are assessed and is the lesser of

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

(B) the projected annual rate of emissions, in tons per year, of each air pollutant by the 

stationary source based upon previous actual annual emissions if the permittee can demonstrate 

to the department its previous actual annual rate of emissions through monitoring, modeling, 

calculations, or other method acceptable to the department;

(2) "emission fees" mean fees assessed to recover costs incurred by the department and 

other state or local governmental agencies for the implementation of minor permits, for the 

implementation of construction permits, and for operating permits to the extent required under 42 

U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the 

permit program established under this chapter that are generally not associated with service 

provided to a specific facility, including the costs incurred by the department or a local air 
quality program to comply with AS 46.14.010 - 46.14.015; the costs may include rent, utilities, 

permit program management, administrative and accounting services, and other costs as 

identified by the department in regulations; the fees shall also be sufficient to recover the cost of

the small business assistance program under AS 46.14.300 - 46.14.310. 

Sec. 46.14.255. Interest and sanctions for nonpayment.

(a) The department may assess interest against the owner and operator after a fee is due 

under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two 

percentage points higher than the prime rate, as defined in AS 44.88.599 , for the day the fee was 

due.

(b) If a permittee has failed to pay a fee imposed under AS 46.14.240 - 46.14.250, a penalty, 

assessment, or damage award imposed under AS 46.03.760 (e) or 46.03.790 for a violation of 

this chapter, or interest imposed under (a) of this section, the department may, after 30 days' 

written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested 

by the permittee, or refuse to amend or modify a permit when the amendment or modification is 

requested by the permittee.

Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is established. The fund consists of fees collected by the 

department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS 

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

for state participation in the federal emission control permit program.

(b) The money deposited into the clean air protection fund may only be used to cover the 

reasonable direct and indirect costs required to support the permit program under this chapter and 

the activities of the small business assistance program that are directed at stationary sources 

subject to this chapter, not including court costs or other costs associated with an enforcement 

action.

Sec. 46.14.265. Emission control permit receipts account.

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

AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 

46.14.250 and under regulations adopted under AS 46.14.140 , other than fees described in AS 

46.14.260 (a), shall be deposited in the account. Appropriations from the account are not made 

from the unrestricted general fund.

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

Sec. 46.14.270. Special account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs 

collected as a result of a violation relating to this chapter and interest collected under AS 
46.14.255 shall be deposited in the general fund and credited to a special account called the 

"clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a 

permit renewal, as applicable, but final action has not been taken on the application, the owner's 

and operator's failure to have an operating permit is not a violation of this chapter unless the 

delay in final action was due to the failure of the owner and operator to submit, in a timely 

manner, additional information required or requested to process the application. An owner and 

operator required to have an operating permit under this chapter are not in violation of the 

operating permit program established under this chapter before the date on which the owner and 

operator are required to submit an application under AS 46.14.150 .

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

the department.

(a) After 30 days' written notice to the permittee, the department

(1) may terminate, modify, or revoke and reissue a construction, operating, or minor permit 

if the department finds that

(A) the permit was obtained by misrepresentation of material fact or by failure of the owner 

and operator to disclose fully the facts relating to issuance of the permit;

(B) the permittee has violated this chapter, a regulation, a judicial or administrative order, or 

a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C) the permittee has failed to construct or modify a stationary source within the time period 

specified in a construction permit, if any, required under AS 46.14.130 (a);

(2) may modify, or revoke and reissue a construction, operating, or minor permit if the 

department finds that

(A) the permit contains a material mistake; or

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

stationary source; or

(3) shall reopen a permit issued under this chapter

(A) based on a determination of the federal administrator or the department that the permit 

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

under 42 U.S.C. 7401 - 7671q; or
(B) to incorporate changes in law, or to impose equivalent emission limitations, that become 

applicable after the permit is issued if the permit is issued to a major source and has a remaining 

duration of three or more years; the department shall make revisions allowed under this 

subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months 

after the change in law takes effect; the department may not reopen the permit of a major source 

under this subparagraph if the change in law is not effective until after the date that the permit 

expires.

(b) Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by 

the department if the procedural requirements for permit renewal have been met.

(c) Proceedings to reopen a permit under this section shall follow the same procedure as for 

initial permit issuance and shall affect only those parts of the permit for which the department 

had cause to reopen under this section.

Sec. 46.14.285. Amendment and modification of permit upon request of permittee.

(a) A permittee may request

(1) a permit amendment that provides for administrative changes to a permit that do not 

result in material changes in permit terms or conditions, such as changes in the name of the 

owner or operator, mailing address, registered agent, or assessable emissions;

(2) an expedited authorization for minor changes in permit terms and conditions that provide 

for flexibility in the operation of a stationary source consistent with 42 U.S.C. 7661a(b)(10) 

(Clean Air Act, sec. 502(b)(10)), and regulations adopted under that paragraph; the department 

may adopt regulations that include procedures under which the public may participate when an 

expedited authorization is requested under this paragraph; or

(3) a modification of a permit to authorize significant changes in permit terms and 

conditions consistent with this chapter and regulations adopted under AS 46.14.140 .

(b) The department shall review all requests submitted under (a) of this section and issue or 

deny the permit amendment or modification or otherwise authorize or deny the request consistent 

with this chapter and regulations adopted under this chapter.

Sec. 46.14.290. Permit as shield.

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee 

is considered in compliance with applicable requirements of this chapter, regulations adopted 

under this chapter and 42 U.S.C. 7401 - 7671q (Clean Air Act) and regulations adopted under it, 

if

(1) the applicable requirements are included and specifically identified in the owner or 

operator's permit; or
(2) the requirements are determined in writing not to be applicable to the permitted 

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

(b) This section does not alter or affect

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

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

(2) the liability of an owner and operator for a violation of applicable requirements of law 

before or at the time of permit issuance; or

(3) the ability of the department to obtain information from an owner or operator of a 

stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department 

shall include the program in the state air quality control plan developed under 42 U.S.C. 7401 -

7671q (Clean Air Act).

(b) The small business assistance program shall, by regulation, meet the requirements of 42 

U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), including the requirement that a small business 

advocate be designated.

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

described in (b) of this section to a requesting stationary source that is not a small business 

concern as defined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the 

legislature appropriates money from the general fund for this purpose.

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

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

States Small Business Administration and after providing notice and opportunity for public 

hearing, the department may exclude from the scope of the small business assistance program 

established in AS 46.14.300 a category or subcategory of small business facilities that the 

department finds to have sufficient technical and financial capabilities to meet the requirements 

of this chapter and federal law without the assistance provided under AS 46.14.300 - 46.14.320.

(b) Nothing in AS 46.14.300 (c) precludes the department from excluding a business facility 

or category of business facilities that the department finds to have sufficient technical and 

financial capabilities to meet the requirements of this chapter without assistance from the 

department.

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

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

consecutively.

(b) The panel consists of

(1) two members who are not owners or representatives of owners of small business 

facilities, selected by the governor to represent the general public;

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

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

selected as follows:

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

speaker of the house;

(B) if there are members of the senate who are not part of the majority caucus of the senate, 

the leader of the largest nonmajority group shall select a panel member; if all members of the 

senate are in the majority caucus, then the president of the senate shall select a second panel 

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

(C) if there are members of the house who are not part of the majority caucus of the house, 

the leader of the largest nonmajority group shall select a panel member; if all members of the 

house are in the majority caucus, then the speaker of the house shall select a second panel 

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

(c) The panel members shall serve without compensation but are entitled to transportation 

expenses and per diem as authorized for members of boards and commissions under AS 

39.20.180 .

(d) The compliance advisory panel shall

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

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

required under AS 44.62.310 - 44.62.312;

(3) prepare advisory opinions concerning the effectiveness of the small business assistance 

program, difficulties encountered in making the program efficient and effective, and degree of 

enforcement and severity of air pollution offenses;

(4) make periodic reports to the administrator concerning the compliance of the small 

business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 

U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Act);
(5) review information designed to assist small business facilities in complying with this 

chapter to ensure that the information is understandable by the public; and

(6) use the assistance of the small business advocate designated under AS 46.14.300 (b) in 

the development and dissemination of panel reports and advisory opinions.

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

(a) With the approval of the department, a municipality may establish and administer within 

its jurisdiction a local air quality control program that operates in lieu of and is consistent with 

all or part of the department's air quality program as established under this chapter. A first or 

second class borough may administer an air quality control program approved by the department 

under this subsection on an areawide basis and is not subject to the restrictions for acquiring 

additional areawide powers specified in AS 29.35.300 - 29.35.350. A third class borough may 

administer a local air quality control program approved by the department under this subsection 

only in a service area formed under AS 29.35.490 (b) or (c).

(b) With the approval of the department, two or more municipalities or other entities may 

create a local air quality district for the purpose of jointly administering a local air quality control 

program within the boundaries of the air quality district.

(c) If the department finds that the location, character, or extent of particular concentrations 

of population, air pollutant emissions units, the geographic, topographic, or meteorological 

considerations, or a combination of these factors make impracticable the maintenance of 

appropriate levels of air quality without an areawide air pollution control program, the 

department may determine the boundaries within which a local air quality control program is 

necessary and direct that a local air quality control program spanning those boundaries is the 

only acceptable alternative to direct state administration.

(d) A municipality or a local air quality district seeking department approval for a local air 

quality control program shall enter into a cooperative agreement with the department that is 

designed to avoid unnecessary duplication of responsibilities. The cooperative agreement must 

include provisions specifying

(1) the respective duties and authority of the department and the municipality or local air 

quality district in the administration of the local air quality control program;

(2) the authority of the municipality or the local air quality district to employ staff to 

administer the local air quality control program;

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

when requesting money from the clean air protection fund to cover the costs of implementing the 

municipality's or district's air quality program;

(5) the procedures that will be used by the department in approving a request under (4) of 

this subsection and submitting it to the legislature for funding;

(6) respective enforcement responsibilities of the department and the municipality or the 

local air quality district;

(7) that if the municipality or local air quality control district seeks authority to take action 

under (f) of this section, the municipality or local air quality control district will use procedures 

that are substantially equivalent to those required under AS 46.14.010 and 46.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered 

motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the 

motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under this section 

shall administer its local air quality control program according to this chapter, regulations 

adopted under those sections, and its cooperative agreement under (d) of this section. A 

municipality or local air quality district's program may, upon a finding by the local agency and 

an affirmative agreement by the department, establish a more stringent requirement than the 

stationary emissions unit permit program authorized under this chapter if public health or air 

quality effects provide a reasonable basis to regulate the emissions unit with the additional or 

more stringent requirement and the municipality or district has used procedures substantially 

equivalent to those required under AS 46.14.010 - 46.14.015 before establishing the more 

stringent requirement. This subsection does not prohibit a municipality or local air quality 

control district from establishing a mobile source emissions program more stringent than the 

state program without making findings of public health or air quality effects or using procedures 

substantially equivalent to those required under AS 46.14.010 - 46.14.015. In this subsection, 

"mobile source" does not include tank vessels or other watercraft.

(g) A determination, order, permit, or permit action issued under a local air quality control 

program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable 

another department or government entity to establish fee rates or collect fees under AS 46.14.240

or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section 

requires emissions inspection for a motor vehicle, emission inspection may not be required more 

than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed 

under this section is guilty of a violation and, upon conviction, shall be fined an amount not to 
exceed $500. It is the intent of the legislature that money collected under this subsection be 

appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control 

program under AS 46.14.400 and the department determines that the program is being 

implemented in a manner that fails to meet the terms of the cooperative agreement or is 

otherwise being inappropriately administered, the department shall give written notice setting out 

its determination to the municipality or local air quality district. Within 45 days after giving 

written notice, the department shall conduct a public hearing on the matter. The hearing shall be 

recorded by any means that ensures an accurate record.

(b) If, after the hearing, the department upholds the determination made in the written 

notice, the department shall provide the municipality or local air quality district with a written 

finding setting out the nature of the deficiencies and a description of the necessary action to be 

taken to ensure that the local air quality control program prevents or controls air pollution. The 

department shall provide its finding to the municipality or district within 45 days after closure of 

the public hearing record. The department shall set a reasonable period of time for the 

municipality or local air quality district to take corrective action in response to the department's 

finding.

(c) If the municipality or local air quality district fails to take corrective action within the 

time period set by the department under (b) of this section, the department shall terminate the 

cooperative agreement and resume management of air quality control in the affected jurisdiction. 

If the municipality or the local air quality district partially remedies, to the department's 

satisfaction, the deficiencies found in the determination, the department shall amend the 

cooperative agreement to reflect a modified allocation of responsibilities between the department 

and municipality or the local air quality district.

(d) A municipality or local air quality district that has had its cooperative agreement 

terminated may, with the department's approval, resume a local air quality control program if the 

municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan 

required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions 

unit, because of its complexity or magnitude, is beyond the reasonable capability of the 

municipality or the local air quality district or may be more efficiently and economically 

controlled at the state level, the department may assume and retain jurisdiction over the class of 

stationary source or emissions unit. Classifications under this subsection may be based on the 

nature of stationary sources or emissions units involved, their size relative to the size of the 

communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.
(a) The department shall seek delegation of authority from the federal administrator to 

implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for 

the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations 

that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary 

sources located within 25 miles of the seaward boundary of the state are subject to the same air 

quality control requirements that would be applicable if the stationary source were located in the 

corresponding onshore area. For purposes of this subsection, stationary sources located within 25 

miles of the seaward boundary of the state include a vessel servicing or associated with the 

stationary source while at the stationary source or en route to or from the stationary source and 

within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source 

located within 25 miles of the seaward boundary of the state, the onshore attainment or 

nonattainment area that is closest to the stationary source, unless the commissioner determines 

that another area with more stringent requirements relating to control and abatement of air 

pollution may reasonably be expected to be affected by emissions from the offshore stationary 

source; this determination shall be based on the potential for air pollutants from the stationary 

source to reach the other onshore area and the potential of the air pollutants to affect the efforts 

of the other onshore area to attain or maintain a federal ambient air quality standard set under 42 

U.S.C. 7470 - 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow 

or make appropriate the control of emissions from motor vehicles to further air quality control, 

the department may provide, by regulation, for the control of the emissions from motor vehicles. 

The regulations may prescribe requirements for the installation and use of equipment designed to 

reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless otherwise exempted by law, a person shall maintain in operating condition any 

element of the air pollution control system or mechanism of a motor vehicle that the department, 

by regulation, requires to be maintained in or on the motor vehicle.

(c) The department shall consult with the Department of Administration regarding 

implementation of the motor vehicle pollution control program. The Department of 

Administration shall cooperate with the department in implementing the program. As a part of a 

motor vehicle pollution control program, the department or a municipality that enforces a motor 

vehicle pollution control program may determine if a vehicle is properly registered as required 

by law.

(d) If the department adopts regulations requiring the maintenance of air pollution control 

systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle 

subject to those regulations may not be issued a certificate of inspection unless the required air 

pollution control system or mechanism has been inspected in accordance with the standards, 
testing techniques, and instructions furnished by the department and the motor vehicle has been 

found to meet those standards. A valid certificate of inspection for the emission control system, 

if required by the department, must be presented to the Department of Administration before that 

department may register a motor vehicle.

(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, 

the department may not require the vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions inspection decal as required by law is guilty 

of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent 

of the legislature that money collected under this subsection be appropriated to control pollution 

from motor vehicle emissions.

(g) In addition to the emission control inspection program fee imposed under AS 28.10.423 , 

the department or a municipality may impose a fee upon a vehicle required to be inspected under 

a motor vehicle emission control program established under this chapter, but the fee may not 

exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitoring program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an 

inspector authorized by the commissioner and certified under regulations adopted under AS 

46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent 

of the owner or operator, enter upon or through any premises of a stationary source regulated 

under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sample any emissions that the owner and operator of the stationary source is required to 

sample.

(b) During an inspection under this section, the inspector shall comply with applicable 

health and safety standards.

Sec. 46.14.520. Confidentiality of trade secrets.

Records, reports, and information, and parts of records, reports, and information, other than 

emission data, in the department's possession or control are considered confidential records and 

shall be kept confidential and in separate files if the owner and operator have certified under oath 

to the department or authorized local program that
(1) public disclosure would tend to affect adversely the owner's and operator's competitive 

position; and

(2) the records, reports, or information, or parts of the records, reports, or information, 

would divulge production figures, sales figures, processes, production techniques, or financial 

data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provided in AS 46.14.520 , permits, permit applications, emissions and monitoring 

reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans 

in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipality or local air quality district with a local air quality control program may 

apply for, receive, administer, and spend state aid for the control of air emissions or the 

development and administration of the program if an application is first submitted to and 

approved by the department. Subject to available money appropriated by the legislature for the 

purpose of this section, the department may approve an application if it is consistent with the 

terms and conditions of the applicable cooperative agreement and meets the requirements of this 

chapter.

(b) A municipality or local air quality district with a local air quality control program may 

apply for, receive, administer, and spend federal aid for the control of air emissions or the 

development and administration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds 

received by the department for the control of air emissions or the development or administration 

of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) 

to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar 

catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a 

permitted emissions unit in a manner not authorized by the permit, the commissioner may waive 

procedural requirements of this chapter and issue an order to authorize emergency use of the 

emissions unit. When acting under this section, the commissioner shall impose conditions 

necessary to protect life, human health, welfare, property, and the environment and may impose 

other conditions the commissioner finds necessary and appropriate.
(b) An authorization issued under this section automatically terminates within a reasonable 

time after abatement of the emergency, subject to a maximum of 30 days from the date of 

issuance. However, the commissioner may reissue an authorization, if warranted, that may 

remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is considered to be acting 

in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to 

deputy commissioners and division directors in the department.

Sec. 46.14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before 

issuance of a permit under this chapter both the owner and operator of a stationary source are 

responsible for compliance with this chapter and regulations adopted under this chapter. If the 

owner and operator of the stationary source are separate persons, only one person is required to 

discharge a specific responsibility. After issuance of a permit under this chapter, only the 

permittee is responsible for permitted operations. The permittee shall have a designated agent for 

service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of 

an emissions unit including pollution control equipment or process equipment constitute an 

affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action 

brought for noncompliance with a technology-based emission standard. This section does not 

limit the department's power to enjoin the emission or require corrective action. This provision is 

in addition to any emergency or upset provision contained in an applicable requirement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a 

residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a 

condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial 

health, or safety.

Sec. 46.14.990. Definitions.
In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a standard, other than an emission standard, 

adopted under AS 46.14.010 , 46.14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 

109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 

51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or temporarily stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including 

stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the trade of transporting 

cargo; in this subparagraph, "industrial process" means the extraction of raw material or the 

physical or chemical transformation of raw material in either composition or character;

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

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant 

exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency 

orders, and court orders;

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

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 

51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, 

depending on the context in which the term is used;

(12) "federal administrator" means the administrator of the United States Environmental 

Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009]. 
(14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean 

Air Act, sec. 112(b));

(15) "local air quality control program" means a program authorized under AS 46.14.400 to 

implement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification" 

under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source or physical change that meets the 

definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant 

exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency 

orders, and court orders;

(19) "operator" means a person or persons who direct, control, or supervise a stationary 

source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possessory interest in a 

stationary source or emissions unit that has the potential to emit an air pollutant to the 

atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the 

United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and 

other departments, agencies, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C. 

7401 - 7671q (Clean Air Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated air pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, 

depending on the context in which the term is used;
(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.
 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air 

Quality Control Regulations, As amended through July 25, 2008 (with 

register number).

See section 2.1 (b) for Lt. Governor’s filing memo dated June 25, 2008.

Revision Table 2009, showing effective dates of individual sections of 18 

AAC 50 and whether they are subject to SIP approval.
 

(This page left blank intentionally) 
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 Environmental 

Conservation as a public courtesy. While every effort has been made to assure the accuracy 

of the reproduced version, the Department of Environmental Conservation cannot 

guarantee its absolute accuracy. Paper copies of the regulations as originally filed with the 

Lieutenant Governor are available for the Department of Environmental Conservation.

The regulations have an effective date of July 25, 2008, are in Register 187, and will appear 

in official published form in the October 2008 Supplement to the Alaska Administrative 

Code.
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Chapter 50. Air Quality Control.

Article

1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110)

2. Program Administration (18 AAC 50.200 - 18 AAC 50.260

3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390)

4. User Fees (18 AAC 50.400 - 18 AAC 50.430)

5. Minor Permits (18 AAC 50.502 – 18 AAC 50.560)

6. (Reserved)

7. Conformity (18 AAC 50.700 - 18 AAC 50.735)

8. (Reserved)

9. General Provisions (18 AAC 50.900 - 18 AAC 50.990)

Editor's note: The regulations in this chapter, effective January 18, 1997, and distributed in 

Register 141, are a comprehensive reorganization and revision of the department's regulations 

dealing with air quality control. Except for the provisions of 18 AAC 50.110 and 

18 AAC 50.700 - 18 AAC 50.735, they replace all previous regulations in this chapter that were 

repealed simultaneously with the adoption of these regulations. The history line at the end of 

each section does not reflect the history of the replaced provisions before January 18, 1997. The 

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

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

10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 

7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126, 

4/7/93; Register 127, 7/8/93; Register 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; 

Register 131, 8/5/94; Register 131, 8/10/94; and Register 133, 1/4/95.
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Article 1. Ambient Air Quality Management.

Section

 05. Purpose and applicability of chapter

 10. Ambient air quality standards

 15. Air quality designations, classifications, and control regions

 20. Baseline dates and maximum allowable increases

 25. Visibility and other special protection areas

 30. State air quality control plan

 35. Documents, procedures, and methods adopted by reference

 40. Federal standards adopted by reference

 45. Prohibitions

 50. Incinerator emission standards

 52. (Repealed)

 55. Industrial processes and fuel-burning equipment

 60. Pulp mills

 65. Open burning

 70. Marine vessel visible emission standards

 75. Wood-fired heating device visible emission standards

 80. Ice fog standards

 85. Volatile liquid storage tank emission standards

 90. Volatile liquid loading racks and delivery tank emission standards

100. Nonroad engines

110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapter. (a) The purpose of this chapter

is to identify, prevent, abate, and control air pollution in a manner that meets the purposes of 

AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act).

(b) The requirements of this chapter apply to any person who allows or causes air 

pollutants to be emitted into the ambient air. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 

171)

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

AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of 

air pollutants in the ambient air, measured or predicted by an analytical method described in 

18 AAC 50.215, are established as follows:

(1) for PM-10:

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

and

 

(B) 24-hour average of 150 micrograms per cubic meter, with this 

standard being attained when the expected number of days in a calendar year with a 24-
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hour average concentration above 150 micrograms per cubic meter is less than or equal 

to one day;

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

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

(B) 24-hour average of 365 micrograms per cubic meter not to be 

exceeded more than once each year; and

(C) three-hour average of 1300 micrograms per cubic meter not to be 

exceeded more than once each year;

(3) for carbon monoxide:

(A) eight-hour average of 10 milligrams per cubic meter not to be 

exceeded more than once each year; and

(B) one-hour average of 40 milligrams per cubic meter not to be exceeded 

more than once each year;

(4) for ozone: one-hour average of 235 micrograms 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: annual 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, Register 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 "attainment," "nonattainment," or "unclassifiable." An area is designated 

"attainment" for a particular air pollutant if its air quality meets the ambient air quality standard 

for that air pollutant. If air quality does not meet the ambient standard for a particular air 
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pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient 

information to classify an area as attainment or nonattainment for a particular air pollutant, the 

area is designated "unclassifiable" for that air pollutant.

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

(1) repealed 6/24/2004

(2) for PM-10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage.

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

geographic areas in the state are

(1) divided into 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."
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Table 1. Air Quality Classifications

Classification Geographic Area

Class I areas Denali National Park including the Denali 

Wilderness but excluding the Denali 

National Preserve

Bering Sea National Wildlife Refuge designated as a National Wilderness Area

Simeonof National Wildlife Refuge 

designated as a National Wilderness Area

Tuxedni National Wildlife Refuge designated as a National Wilderness Area

Class II areas All other geographic areas in Alaska not 

classified as Class I or Class III

Class III areas No areas in Alaska

(d) The following areas are subject to maintenance plan requirements for carbon 

monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as 

part of the state air quality control plan:

(1) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area. (Eff. 1/18/97, Register 141; am 

2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/10/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note: The nonattainment area and maintenance 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 

designated nonattainment in 18 AAC 50.015(b), the provisions of this section do not apply to the 

nonattainment air pollutant. However, this section does apply to all other air pollutants listed in 

Table 2 in this subsection.
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Table 2. Baseline Dates

Air Quality Control 

Region

Air Pollutant Baseline Date

Cook Inlet Intrastate Air

Quality Control Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

Northern Alaska Intrastate 

Air Quality Control 

Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

South Central Alaska 

Intrastate Air Quality 

Control Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

Southeast Alaska Intrastate Air Quality Control 

Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986

PM-10 The earliest date upon which the department declares complete an application for a 

facility or modification that includes information required under 

18 AAC 50.306 and shows an increase in 

actual PM-10 emissions equal to or exceeding 15 tons per year.

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

(1) baseline dates for determining the ambient concentration of certain air 

pollutants are established for each air quality control region listed in Table 2 in (a) of this section;

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

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

subsection;

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

increase may be exceeded during one such period per year at any one location; and

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

measured or predicted by a method described in 18 AAC 50.215.
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Table 3. Maximum Allowable Increases

Classification of area 

in 18 AAC 50.015(c) 

Table 1 Air Pollutant

Maximum allowable 

increase (micrograms 

per cubic meter)

CLASS I

PM-10:

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

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

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

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

Sulfur dioxide:

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

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

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

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

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

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

Nitrogen dioxide:

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

CLASS II

PM-10:

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

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

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

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

Sulfur dioxide:

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

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

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

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

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

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

Nitrogen dioxide:

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

CLASS III

PM-10:

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

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

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

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

Sulfur dioxide:

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

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

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

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

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

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

Nitrogen dioxide:

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

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.
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(e) For purposes of this section, the baseline concentration of an air pollutant is 

determined as follows:

(1) for PM-10 and sulfur dioxide, the baseline concentration is the ambient 

concentration of the air pollutant on the applicable baseline date, plus the contribution from 

allowable emissions of a PSD major stationary source for which construction commenced before 

January 6, 1975, but that was not in operation by the baseline date; however, the baseline 

concentration does not include actual emissions from a PSD major stationary source or a PSD 

major modification for which construction commenced on or after January 6, 1975; and

(2) for nitrogen dioxide, the baseline concentration is the ambient concentration 

of the air pollutant on the applicable baseline date, plus the contribution from allowable 

emissions of a PSD major stationary source for which construction commenced before February 

8, 1988, but that was not in operation by the baseline date. 

(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 other special protection areas. (a) Visibility special 

protection areas are established to prevent impairment of visibility. The following areas are 

designated visibility special protection areas:

(1) Mt. Deborah and the Alaska Range East, as viewed from approximately the 

Savage River Campground area;

(2) Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed from the 

vicinity of Wonder Lake; and

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

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

has resulted in two or more discontinuous 24-hour periods when the ambient exposures of 

PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of air. 

The Mendenhall Valley area of Juneau is designated a wood smoke control area. 

 

(c) Special protection areas for sulfur dioxide are established to prevent the violation of 

the ambient air quality standard and maximum allowable ambient concentration for sulfur

dioxide. The following areas are designated as special protection areas for sulfur dioxide:

(1) in the Unalaska area, the land and water areas within a 3.4-mile radius of the 

intersection of 53 53' 4" N latitude and 166 32' 11" W longitude; and
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(2) in the St. Paul Island area, the land and water areas south of UTM Northing 

6333.00 kilometers (57 8' 29" N latitude) and within 0.6 kilometers of St. Paul Island. 

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note: Complete descriptions of the special protection areas designated in this 

section, including maps, are provided in the state air quality control plan adopted by reference in 

18 AAC 50.030. 

18 AAC 50.030. State air quality 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, as amended through April 4, 2008, are adopted by reference. The plan includes the 

following documents which are also adopted by reference:

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

April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended 

by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 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 10, 1992;

(4) the department's Alaska Quality Assurance Manual for Ambient Air Quality 

Monitoring, as amended through August 21, 1996;

(5) Repealed 6/21/98.

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

December 1992;

(7) Interim Procedures for Evaluating Air Quality Models (Revised), 

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

(8) Source Test Report Outline, as amended through November 1984;

(9) the department’s Performance Audits for COMS, 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, Register 

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

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

12/30/2007, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187)
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Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140

Editor's note: The State Air Quality Control Plan and the other documents adopted by 

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

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

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

The following documents are adopted by reference:

(1) the department's In Situ Burning Guidelines for Alaska, 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 AP42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area 

Sources, Fifth Edition with Supplements A – F and annual updates, as updated through 

December 2007;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications, 

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

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration 

(PSD), EPA-450/4-87-007, May 1987; 

(6) the department’s Summary Prepared by the Department of Environmental 

Conservation of Coastal Area Boundaries Approved by the Coastal Policy Council (CPC) for 

Coastal Resource Districts Excluded from the Portable Oil and Gas Operation Permit by Rule 

(18 AAC 50.390), as revised as of November 19, 2002; 

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

and

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

Sources, Revised, EPA-454/R-92-019, dated October 1992.

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

2007, are adopted by reference:

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

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

(3) 40 C.F.R. Part 58, Appendix B;
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(4) the following test methods as they apply to 40 C.F.R. 63.11(b)(6): 

(A) ASTM D1946-90(1994)e1, Standard Practice for Analysis of 

Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of 

Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter. 

(c) This subsection adopts the methods and procedures listed in this subsection for use by 

the department in permits for compliance monitoring. Nothing in this subsection is intended to 

limit the department’s discretion to require in a permit issued under this chapter compliance with 

the requirements of other methods or procedures on a case by case basis. The following methods 

and procedures are adopted by reference:

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products 

(General Bomb Method), approved January 10, 2000;

(2) ASTM D 1266-98, Standard Test Method for Sulfur Petroleum Products 

(Lamp Method), approved February 10, 1998;

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products 

(High Temperature Method), approved August 15, 1995;

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by 

Wavelength Dispersive X-Ray Fluorescence Spectometry, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Energy Dispersive X-Ray Fluorescence Spectroscopy, approved April 10, 

1998;

(6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Hydrogenolysis and Rateometric Colorimetry, approved January 10, 

1999;

(7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of 

Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate 

Analysis of Coal and Coke, approved September 29, 1989;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing 

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;
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(11) ASTM D 422-63 (Reapproved 1998), Standard Test Method for ParticleSize Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid 

Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence 

Detection, approved April 10, 1996;

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and 

Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998;

(14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining 

Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical 

Detectors, approved February 24, 1989;

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen 

Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988; 

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to 

Certify Conformance with Design and Performance Specifications, approved February 10, 1998; 

(17) ASTM D 4239-00 Standard Test Methods for Sulfur in the Analysis Sample 

of Coal and Coke Using High-Temperature Tube Furnace Combustion Methods, approved April 

10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 

2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, 

Register 176; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

Editor's note: The documents, procedures, and methods adopted by reference in

18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office. 

For information on how to obtain a copy of the EPA publication AP-42 referred to in this section, 

contact EPA's InfoCHIEF information line at (919) 541-5285.

For information on how to obtain a copy of the ASTM documents referred to in 

18 AAC 50.035, contact the American Society for Testing and Materials (ASTM), Publications 

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

(610) 832-9585; fax (610) 832-9555.

18 AAC 50.040. Federal standards adopted by reference. (a) The following 

provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), as 

revised as of July 1, 2007, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of 

Information);
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(2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil-Fuel-Fired Steam 

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

(B) Subpart Da (Standards of Performance for Electric Utility Steam 

Generating Units for Which Construction is Commenced After September 18, 1978);

(C) Subpart Db (Standards of Performance for Industrial – Commercial -

Institutional Steam Generating Units);

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

Commercial - Institutional Steam Generating Units);

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

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

Combustors);

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

Infectious Waste Incinerators;

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

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

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

(K) Subpart K (Standards of Performance for Storage Vessels for 

Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced 

After June 11, 1973, and Prior to May 19, 1978);

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

Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced 

After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performance for Volatile Organic Liquid 

Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, 

Reconstruction, or Modification Commenced After July 23, 1984);

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

(O) Subpart N (Standards of Performance for Primary Emissions from 

Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 

1973);

(P) Subpart Na (Standards of Performance for Secondary Emissions from 
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Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced 

After January 20, 1983);

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

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

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

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

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

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

(W) Subpart HH (Standards of Performance for Lime Manufacturing 

Plants);

(X) Subpart LL (Standards of Performance for Metallic Mineral Processing Plants);

(Y) Subpart UU (Standards of Performance for Asphalt Processing and 

Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC 

in the Synthetic Organic Chemicals Manufacturing Industry);

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals);

(BB) Subpart GGG (Standards of Performance for Equipment Leaks of 

VOC in Petroleum Refineries);

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

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of 

VOC from Onshore Natural Gas Processing Plants);

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas 

Processing: SO2 Emissions);

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral 

Processing Plants);

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From 

Petroleum Refinery Wastewater Systems); 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

in Mineral Industries); 

(II) Subpart WWW (Standards of Performance for Municipal Solid Waste 

Landfills);

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

Industrial Solid Waste Incineration Units for Which Construction Is Commenced After 

November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or 

After June 1, 2001);

(KK) the provisions of Subpart AAA (Standards of Performance for New 

Residential Wood Heaters), except that the operator of a wood stove may demonstrate 

compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the 

permanent label required by 40 C.F.R. 60.536;

(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 

Emission Sources) of Benzene);

(C) Subpart V (National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources));

(D) Subpart Y (National Emission Standard for Benzene Emissions from 

Benzene Storage Vessels); and

(E) Subpart FF (National Emission Standard for Benzene Waste Operations); 

(F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 

and, as they apply to activities subject to 40 C.F.R. 61.145, 40 C.F.R. 61.141, 40 C.F.R. 

61.149(d)(1), 40 C.F.R. 61.150, 40 C.F.R. 61.152, and Appendix A to Subpart M 

(Interpretive Rule Governing Roof Removal Operations);

(3) 40 C.F.R. 61.154; 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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(4) Appendices A, B, and C.

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

Hazardous Air Pollutants for Source Categories), as revised as of July 16, 2007, are adopted by 

reference as they apply to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 63.5(e)(2) – (f)

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

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

(A) 40 C.F.R. 63.50 and 40 C.F.R. 63.54 are not adopted; and

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 

63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutant 

major source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA 

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

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

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

Reductions of Hazardous Air Pollutants);

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

Cleaning Facilities);

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

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

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

Pipeline Breakout Stations);

(8) Subpart T (Halogenated Solvent Cleaning);

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

(10) Subpart CC (Petroleum Refineries);

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

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

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

(14) Subpart II (Shipbuilding and Ship Repair);
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(15) Subpart JJ (Wood Furniture Manufacturing); 

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

(17) Subpart HHH (Natural Gas Transmission and Storage Facilities);

(18) Subpart LLL (Portland Cement Plants); 

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic 

Reforming Units, and Sulfur Recovery Units)

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

(21) Subpart EEEE (Organic Liquids Distribution (Non-Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines);

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

(24) Subpart GGGGG (Site Remediation);

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

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

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

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

Compounds);

(29) Subpart OOOOOO (Flexible Polyurethane Foam Production and Fabrication 

Area Sources);

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

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

(32) Appendix A (Test Methods);

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

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

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

(e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.96, as revised as of July 1, 2007, 

as they apply to a Title V source and for purposes of a Title V permit, are adopted by reference. 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

(Revised)), as revised as of July 1, 2007, are adopted by reference.

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

Plans for Designated Facilities and Pollutants), as revised as of July 1, 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 June 20, 1996);

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

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

(5) Subpart JJJ (Federal Plan Requirements for Small Municipal Waste 

Combustion Units Constructed on or Before August 30, 1999).

(h) The following provisions of 40 C.F.R. 51.166 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 not adopted, and the terms defined in 

those provisions have the meanings given in AS 46.14.990 and 18 AAC 50.990:

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

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

(B) the following provisions are not adopted, and the terms defined in 

those provisions have the meanings give in AS 46.14.990:

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

(ii) 40 C.F.R. 52.21(b)(5) (“stationary source”);
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(iii) 40 C.F.R. 52.21(b)(6) (“building, structure, facility, or 

installation”);

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

(v) 40 C.F.R. 52.21(b)(8) (“construction”);

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

(C) the following provisions are not adopted, and the terms defined in 

those provisions have the meanings given in 18 AAC 50.990;

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

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

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

(6) 40 C.F.R. 52.21(h) (Stack Heights);

(7) 40 C.F.R. 52.21(i) (Exemptions);

(8) 40 C.F.R. 52.21(j) (Control Technology Review);

(9) 40 C.F.R. 52.21(k) (Source Impact Analysis);

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

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

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

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

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

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

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

(17) repealed 7/25/2008;

(18) repealed 7/25/2008;

(19) repealed 7/25/2008;
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

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

52.21(aa)(12)(ii)(a) are also acceptable for activities using coating or solvents or for 

activities emitting sulfur dioxide from the combustion of fuel;

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to owners 

or operators using mass balance calculations to monitor PAL pollutant emissions from 

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

combustion of fuel.

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

as of July 2, 2007, text setting out provisions that a state implementation plan shall or may 

contain is adopted by reference as follows:

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

(A) the following provisions are not adopted, and the terms defined in 

those provisions have the meanings given in AS 46.14.990:

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

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, structure, facility, or 

installation”);

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

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

(v) 40 C.F.R. 51.165(a)(1)(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 given in 18 AAC 50.990:

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

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

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

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

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

(5) 40 C.F.R. 51.165(a)(5) (Source Obligations);
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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(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 

combustion of fuel.

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

July 2, 2007, are adopted by reference, except as provided in 18 AAC 50.326:

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

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

(3) 40 C.F.R. 71.5(a) - (c) (Permit Applications);

(4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and 

Revisions);

(6) 40 C.F.R. 71.8 (Affected State Review);

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

(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public 

Participation, and Administrative Review). (Eff. 1/18/97, Register 141; am 6/14/98, Register 

146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 

8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 

7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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Editor's note: The federal standards adopted by reference in 18 AAC 50.040 may be 

reviewed at the department's Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emission standard that is 

not at a stationary source subject to a Title 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 dilution air may be used at a sulfur recovery plant with a 

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

dioxide requirement of 18 AAC 50.055(c).

(b) A person who owns or operates a stationary source that emits an air pollutant subject 

to this chapter shall ensure that the stationary source complies with this chapter and any other 

applicable local, state, or federal law.

(c) A person may not construct, operate, or modify a stationary source that will result in a 

violation of the applicable emission standards or that will interfere with the attainment or 

maintenance of ambient air quality standards. 

(d) A person who causes or permits bulk materials to be handled, transported, or stored, 

or who engages in an industrial activity or construction project shall take reasonable precautions 

to prevent particulate matter from being emitted into the ambient air. 

(e) Dispersion techniques may not be used to comply with this chapter, except for 

compliance with 18 AAC 50.110.

(f) Subject to (g) of this section, as used in this section, "dispersion technique" means a 

technique that attempts to reduce the concentration of an air pollutant in the ambient air by

(1) using that portion of a stack that exceeds good engineering practice stack 

height;

(2) varying the emissions rate of an air pollutant according to atmospheric 

conditions or ambient concentrations of that air pollutant; or

(3) increasing exhaust gas plume rise by 

(A) manipulating a source process parameter, exhaust gas parameter, or 

stack parameter; 

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

or 

(C) other selective handling of exhaust gas streams. 

 

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

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

emission control system;
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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(2) combining the exhaust gases from several stacks into one stack if the 

stationary source was originally designed and constructed with combined exhaust streams;

(3) combining the exhaust gases from several stacks into one stack, if done when 

an emission control system is installed and results in a net reduction in the allowable emissions 

of the controlled air pollutant; or

(4) any technique that increases the exhaust gas plume rise if the allowable 

emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 

1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust 

effluent of an incinerator, including an air curtain incinerator, may not be reduced by visible 

emissions, excluding condensed water vapor, by more than 20 percent averaged over any six 

consecutive minutes.

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

matter standard listed for that incinerator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard

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

Rated capacity greater than or equal to 1,000 but 

less than 2,000 pounds per hour

0.15 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide

and standard conditions, averaged over 

three hours

Rated capacity greater than or equal to 2,000 

pounds per hour

0.08 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide

and standard conditions, averaged over 

three hours

An incinerator that burns waste containing more 

than 10 percent wastewater treatment plant sludge 

by dry weight from a municipal wastewater treatment plant that serves 10,000 or more persons 

0.65 grams per kilogram of dry sludge 

input

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

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

AS 46.14.010 AS 46.14.030

18 AAC 50.052. Emission standards for certain municipal solid waste landfills. 

Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible 

emissions, excluding condensed water vapor, from an industrial process or fuel-burning 

equipment may not reduce visibility through the exhaust effluent by

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

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

(2) more than 30 percent averaged over any six consecutive minutes for fuelburning equipment in operation before November 1, 1982, and using more than 20 percent 

woodwaste as fuel;

(3) more than 55 percent for a urea prilling tower in operation before 

July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on a 

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

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

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt 

plant constructed or modified after June 11, 1973;

(5) 20 percent or greater averaged over any six consecutive minutes for process 

emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or 

modified after November 1, 1982;

(6) 10 percent or greater averaged over any six consecutive minutes for a 

pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982;

(7) 10 percent or greater averaged over any six consecutive minutes for process 

emissions, other than from a kiln, at a portland cement plant constructed or modified after 

November 1, 1982; 

(8) 20 percent or greater averaged over any six consecutive minutes for a kiln 

constructed or modified at a portland cement plant after November 1, 1982; and

(9) more than 20 percent for more than three minutes in any one hour, 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 permit 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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issued under this chapter;

(B) the owner or operator of the boiler monitors visible emissions by 

continuous opacity monitoring instrumentation that

(i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, 

Appendix B, adopted by reference in 18 AAC 50.040; and

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

successive 15-second period;

(C) the owner or operator of the boiler provides the department with a 

demonstration that the particulate matter emissions from the boiler allowed by this 

opacity limit will not cause or contribute to a violation of the ambient air quality 

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

PM-10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationary source-specific 

revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the 

application of this opacity limit instead of the opacity limit otherwise applicable under 

this section.

(b) Particulate matter emitted from an industrial process or fuel-burning equipment may 

not exceed, per cubic foot of exhaust gas corrected to standard conditions and averaged over 

three hours,

(1) 0.05 grains, except as provided in (2) - (6) of this subsection, (d) - (f) of this 

section, and 18 AAC 50.060;

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

(A) coal, and in operation before July 1, 1972;

(B) coal, and rated less than 250 million Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in operation before July 1, 1972, except as 

provided in (6) of this subsection;

(4) 0.15 grains for fuel-burning equipment in operation before November 1, 1982,

and using more than 20 percent woodwaste as fuel; 

(5) 0.04 grains for an asphalt plant constructed or modified after June 11, 1973; 

or

(6) 0.04 grains for a urea prilling tower. 
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(c) Sulfur-compound emissions, expressed as sulfur dioxide, from an industrial process 

or from fuel-burning equipment may not exceed 500 ppm averaged over a period of three hours, 

except as provided in (d) - (f) of this section and 18 AAC 50.060.

(d) At a petroleum refinery, emissions from the following sources, constructed or 

modified after November 1, 1982, may not exceed the following:

(1) for a catalytic cracking unit catalyst regenerator

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

burnoff;

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

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

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

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

(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur 

compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air 

pollutants are not oxidized before release to the atmosphere; and

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over 

three hours, equal to whichever of the following is applicable:

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

hydrogen sulfide per dry standard cubic meter;

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

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

other fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the 

equipment.

(e) At a coal preparation plant, emissions from the following sources, if constructed or 

modified after November 1, 1982, may not exceed the following:

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter 

of exhaust gas at standard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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cubic meter of exhaust gas at standard conditions.

(f) At a portland cement plant, emissions from the following sources, if constructed or 

modified after November 1, 1982, may not exceed the following:

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms 

of feed on a dry basis to the kiln; and

(2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on 

a dry basis.

(g) Release of materials other than process emissions, products of combustion, or 

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

or modified after November 1, 1982, is prohibited, except as authorized by a construction permit, 

Title V permit, or air quality control permit issued before October 1, 2004. (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; 

am 10/1/2004, Register 171; am 7/25/2008, Register 187)

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

AS 46.14.010 AS 46.14.030

18 AAC 50.060. Pulp mills. Average emissions per ton of air dried pulp produced from 

a sulfite pulp mill may not exceed, in any 24-hour period,

(1) 20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow pits, 

washer vents, storage tanks, digester relief systems, and recovery systems; and

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks, 

digester relief systems, and recovery systems. (Eff. 1/18/97, Register 141)

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

AS 46.14.010 AS 46.14.030

 

18 AAC 50.065. Open burning. (a) General Requirements. Except when conducting 

open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply 

with the limitations of (b) - (f) of this section and shall ensure that

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

storage; 

(2) before igniting the burn, noncombustibles are separated to the greatest extent 

practicable; 

(3) natural or artificially induced draft is present; 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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(4) to the greatest extent practicable, combustibles are separated from grass or 

peat layer; and 

(5) combustibles are not allowed to smolder.

(b) Black Smoke Prohibited. Except for firefighter training conducted under (h) or (i) 

of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, 

contaminated oil cleanup materials, or other materials in a way that gives off black smoke is 

prohibited without written department approval. Department approval of open burning as an oil 

spill response countermeasure is subject to the department's In Situ Burning Guidelines for 

Alaska, adopted by reference in 18 AAC 50.035. Open burning approved under this subsection 

is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced during oil or gas well flow 

tests may occur only when there are no practical means available to recycle, reuse, or dispose of 

the fluids in a more environmentally acceptable manner; 

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

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

(3) the department will, in its discretion, as a condition of approval issued under 

this subsection, require public notice as described in (j) of this section.

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or 

incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane 

products in a way that gives off toxic or acidic gases or particulate matter is prohibited.

(d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal carcasses, 

or petroleum-based materials, including materials contaminated with petroleum or petroleum 

derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby 

persons or property.

(e) Air Quality Advisory. Open burning is prohibited in an area if the department 

declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in 

that area for that day. This advisory will be based on a determination that there is or is likely to 

be inadequate air ventilation to maintain the standards set by 18 AAC 50.010. The department 

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

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

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

(g) Controlled Burning. Controlled burning to manage forest land, vegetative cover, 

fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written 

department approval if the area to be burned exceeds 40 acres yearly. The department will, in its 

discretion, require public notice as described in (j) of this section.
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(h) Firefighter Training: Structures. A fire service may open burn structures for 

firefighter training without ensuring maximum combustion efficiency under the following 

circumstances:

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

(A) obtain department approval for the location of the proposed firefighter 

training; approval will be based on whether the proposed open burning is likely to 

adversely affect public health in the neighborhood of the structure;

(B) visually identify materials in the structure that might contain asbestos, 

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

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

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

sealers, tars, solvents, household cleaners, or photographic reagents;

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

(v) hazardous waste;

(vi) lead piping;

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

more; or

(viii) urethane or another plastic foam insulation; 

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

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

structure;

(2) the fire service shall ignite and conduct training on only one main structure 

and any number of associated smaller structures at a time; examples of associated smaller 

structures are garages, sheds, and other outbuildings; and

(3) the fire service shall respond to complaints in accordance with (k) of this 

section.
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(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the 

department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up 

to 600 gallons yearly for firefighter training without ensuring maximum combustion efficiency. 

To conduct this training without prior written department approval, the fire service shall

(1) provide public notice consistent with (j) of this section before burning more 

than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and

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

(j) Public Notice. A person required to provide public notice of open burning shall issue 

the notice through local news media or by other appropriate means if the area of the open burning 

does not have local news media. The public notice must be issued as directed by the department 

and must 

(1) state the name of the person conducting the burn;

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

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

and during the burn; 

(4) for a surprise fire drill, state 

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

(B) the beginning and ending dates of the period during which a surprise 

fire drill may be conducted (this period may not exceed 30 days); and

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

and location of the open burning.

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

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

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

including to the extent feasible

(A) the name, address, and telephone number of each person who 

complained;

(B) a short summary of each complaint; and

(C) any action the person conducting the open burning took to respond to 

each complaint; and
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(3) upon request, provide the department with a copy of the records kept under 

(2) of this subsection. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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

18 AAC 50.070. Marine vessel visible emission standards. Within three miles of the 

Alaska coastline, visible emissions, excluding condensed water vapor, may not reduce visibility 

through the exhaust effluent of a marine vessel by more than 20 percent except as follows:

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for 

periods aggregating no more than

(A) three minutes in any one hour; and

(B) an additional three minutes during initial startup of a vessel; for 

purposes of this subparagraph, "initial startup" includes the period during which a vessel 

is testing equipment in preparation to casting off or weighing anchor;

(2) during the hour immediately after weighing anchor or casting off, visibility 

may be reduced under one, but not both, of the following options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating 

no more than nine minutes during that hour; 

(3) during the hour immediately before the completion of all maneuvers to anchor 

or make fast to the shore, visibility may be reduced under one, but not both, of the following options:

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating 

no more than nine minutes during that hour; and

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced 

by up to 100 percent for periods aggregating no more than three minutes in any one hour. 

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

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

AS 46.14.010

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

may not operate a wood-fired heating device in a manner that causes

(1) black smoke; or
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(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in 

any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245.

(b) A person may not operate a wood-fired heating device in an area for which the 

department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a 

person may not violate or cause a violation of a provision of the Code of the City and Borough of 

Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and 

Borough of Juneau, Alaska, Serial No. 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 standards. (a) The owner, 

operator, or permittee of a volatile liquid storage tank located in the Port of Anchorage that has a 

volume of 9,000 barrels (378,000 gallons) or more shall reduce organic vapors emitted to the 

atmosphere by using

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

(2) an internal floating roof that meets the specifications of 40 C.F.R. 

60.112b(a)(1), adopted by reference in 18 AAC 50.040;

(3) a closed vent system and control device that collects and reduces organic 

vapors emitted to the atmosphere by at least 95 percent (six-hour average), as specified in the 

department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage 

Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 18 AAC 50.030; or

(4) a system that the department determines is as effective as those described in 

(2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsection.

(b) The owner, operator, or permittee of a volatile liquid storage tank with an internal 

floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the 
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atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 

60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after 

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

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

the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but 

less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described 

in (a)(1) - (4) of this section, shall, no later than the first time on or after June 1, 1995 that the 

tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing 

conservation vents on the tank as specified in the document referred to in (a)(3) of this section. 

 

(d) When conducting source testing, the department will, and the owner, operator, or 

permittee shall, use the procedures specified in the document referred to in (a)(3) of this section 

to determine compliance with this section. In accordance with those procedures, the owner, 

operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected; 

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

(4) keep records of those inspections and repairs for at least five years. 

(Eff. 1/18/97, Register 141)

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

AS 46.14.010 AS 46.14.030

Editor's note: A complete description of the Port of Anchorage is in the state air quality control 

plan adopted by reference in 18 AAC 50.030.

18 AAC 50.090. Volatile liquid loading racks and delivery tank emission standards. 

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

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;
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(C) prevents any organic vapors collected at one delivery tank loading 

position from passing to another delivery tank loading position;

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

(i) a control device that emits no more than 10 milligrams of 

organic vapors per liter of volatile liquid loaded (six-hour average); or

 

(ii) a system that the department determines is as effective as the 

control device described in (i) of this subparagraph; in making a determination 

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

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

18 AAC 50.030;

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

vapor collection system from exceeding 18 inches of water; and

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

pressure of less than 18 inches of water, except that for a system using vapor balancing to 

a storage tank, a pressure relief valve on the storage tank or on any portion of the vapor 

collection system between a storage tank and the control device may be designed to open 

at a gauge pressure less than 18 inches of water, but may not open at the normal system 

operating pressure;

(2) preventing the loading of liquid product into any vapor-laden delivery tank 

unless the tank

(A) is connected to a vapor collection system that meets the requirements 

of (1) of this subsection; and

(B) has been certified vapor-tight under (b) of this section within the 

preceding 12 months; and

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

that result in the release of a volatile liquid organic or a volatile organic vapor in a concentration 

exceeding 10,000 ppm by volume, measured as methane.

(b) The owner or operator of a delivery tank that is to be loaded with volatile liquid at a 

loading rack described in (a) of this section shall

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner 

or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix A-8, 

Method 27, adopted by reference in 18 AAC 50.040(a), except that

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

(B) the initial pressure (P) is 450 millimeters, or 17.7 inches, of water;
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(C) the allowable pressure change is 75 millimeters, or three inches, of

water; and

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

gasoline;

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

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

(A) for a delivery tank this is the tank portion of a tank truck or tank

trailer, the delivery tank must be marked in accordance with the requirements of 49 

C.F.R. 180.415(b)(3)(vii), as revised as of October 1, 2007, and adopted by reference;

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

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

at least four inches high;

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

color of the tank;

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

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

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

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

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

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

 

(c) When conducting source testing, the department will, and the owner, operator, or 

permittee shall, use the procedures specified in the department's Air Quality Compliance 

Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, 

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

accordance with those procedures, the owner, operator, or permittee shall 

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected; 

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

(4) keep records of all inspections and repairs for at least five years.

(Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
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AS 46.14.010 AS 46.14.030 

Editor's note: A complete description of the Port of Anchorage is in the state air quality 

control plan adopted by reference in 18 AAC 50.030.

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad 

engines are not included when determining the classification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance 

with other applicable air pollution control requirements. (Eff. 1/18/97, Register 141; am 

10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

AS 46.14.020

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

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

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

Authority: AS 46.03.020 AS 46.03.710
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Article 2. Program Administration.

Section 

200. Information requests

201. Ambient air quality investigation

205. Certification

210. (Repealed)

215. Ambient air quality analysis methods

220. Enforceable test methods

225. Owner-requested limits

230. Preapproved limits

235. Unavoidable emergencies and malfunctions

240. Excess emissions

245. Air episodes and advisories

250. Procedures and criteria for revising air quality classifications

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

18 AAC 50.200. Information requests. If requested by the department to determine 

compliance with AS 46.03, AS 46.14, and this chapter, the owner, operator, or permittee of a 

stationary source shall maintain records of, and report to the department information on, the 

nature and amount of emissions from the stationary source and other information designated by 

the department. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

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

AS 46.14.020

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

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

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

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

18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the 

effect of the stationary source’s emissions of those air pollutants on ambient air or on the 

limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 

18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the 

department, must satisfy the evaluation requirements of this section, and any prior analysis must 

accurately represent the stationary source’s emissions.

(b) Based on an evaluation submitted under (a) of this section or other information in the 

department's possession and subject to AS 46.14.010(e), the department may require an existing 

stationary source to reduce emissions or implement another control strategy to reduce the 

ambient impact of those emissions as necessary to ensure that the concentration of air pollutants 

in the ambient air does not exceed the ambient air quality standards, maximum allowable 

increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed 

as a source-specific permit condition or as a regulation. Before imposing a reduction or control 

strategy, the department will consult with the affected owner, operator, or permittee and provide 

the affected public an opportunity for comment and hearing. To the extent practicable, given the 
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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) When determining whether to impose a reduction or control strategy under (b) of this 

section, the department will consider the uncertainties of ambient air quality analysis, the costs 

and benefits of resolving the uncertainties, the nature of the ambient impact area, and the 

proximity and magnitude of adjacent impacts.

(d) The provisions of this section do not apply if the area affected by the emissions of an 

air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015.

(e) The provisions of this section do not limit the department’s ability to require or 

conduct ambient air quality analysis or control under the construction permit program established 

under AS 46.14.120 and this chapter. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

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

AS 46.14.020 AS 46.14.120

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or compliance certification required by the department under a permit program established under 

AS 46.14 or this chapter must include the signature of a responsible official for the permitted 

stationary source following the statement: "Based on information and belief formed after 

reasonable inquiry, I certify that the statements and information in and attached to this document 

are true, accurate, and complete." 

(b) The department may accept an electronic signature on an electronic application or 

other electronic record required by the department under a permit program established under 

AS 46.14 or this chapter if

(1) a certifying authority registered under AS 09.25.510 verifies that the 

electronic signature is authentic; and

(2) the person providing the electronic signature has made an agreement, with the 

certifying authority described in (1) of this subsection, that the person accepts or agrees to be 

bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 

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

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140

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

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 

10/1/2004, Register 171) 
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18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits 

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

obtain the data in accordance with

(1) the department's Alaska Quality Assurance Manual For Ambient Air Quality 

Monitoring, adopted by reference in 18 AAC 50.030, for PM-10, total suspended particulates 

(TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, and ammonia;

(2) a reference method or an equivalent method described in 40 C.F.R Part 50, 

Appendices D and H, adopted by reference in 18 AAC 50.035(b), for ozone; 

(3) EPA’s Meteorological Monitoring Guidance for Regulatory Modeling 

Applications, adopted by reference in 18 AAC 50.035(a), for meteorological data; or

(4) an alternative method that is representative, accurate, verifiable, capable of 

replication, and approved by the department.

(b) Except as provided in (c) and (e) of this section, a person who submits an analysis 

performed to predict ambient air quality conditions shall 

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

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

40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 

18 AAC 50.040(f); and

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

pollutant to a maximum allowable increase established under 18 AAC 50.020(b)(2), exclude

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

new or modified source; and

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

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

baseline concentration.

(c) Except as provided in (e) of this section, a 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) obtaining approval from the regional administrator and the commissioner.
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(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic 

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

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

not considered to cause or contribute to a violation 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

Averaging time (hours)

24 8 3 1

Sulfur 

dioxide

1.0 5 N/A 25 N/A

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

Nitrogen 

dioxide

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

Carbon 

monoxide

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

(e) A person may use 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 department may require an owner, 

operator, or permittee to conduct air pollutant emission tests to determine compliance with 

AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other 

requirement specifies a time period within which testing must be completed, the owner, operator, 

or permittee shall conduct the testing within the specified period regardless of whether the 

department explicitly calls for testing under this subsection.
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(b) Unless otherwise specified by an applicable requirement or test method, an air 

pollutant emission test must be performed

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

and

(2) at the maximum rated burning or operating capacity of the emission unit or 

another rate determined by the department to characterize the actual discharge into the ambient 

air.

(c) Reference test methods to be used by the owner, operator, or permittee for an 

applicable requirement of AS 46.14 or this chapter are as follows:

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

(A) source testing for compliance with requirements adopted by reference 

in 18 AAC 50.040(a) must be conducted in accordance with the source test methods and 

procedures specified in 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040(a);

(B) source testing for compliance with requirements adopted by reference 

in 18 AAC 50.040(b) must be conducted in accordance with the source test methods and 

procedures specified in 40 C.F.R. Part 61, adopted by reference in 18 AAC 50.040(b);

(C) source testing for compliance with requirements adopted by reference 

in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and 

procedures specified in 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040(c);

(D) source testing for reduction in visibility through the exhaust effluent 

must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air 

Quality Visible Emissions Evaluation Procedures," of the state air quality control plan, 

adopted by reference in 18 AAC 50.030;

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

fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases 

must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by 

reference in 18 AAC 50.040; and

(F) source testing for emissions of PM-10 must follow the procedures set 

out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035; 

(2) emissions of any air pollutant may be determined using an alternative method 

approved by the department in accordance with Method 301 in Appendix A to 40 C.F.R. Part 63, 

adopted by reference in 18 AAC 50.040(c); and

(3) standard exhaust gas volumes must include only the volume of gases formed 

from the theoretical combustion of the fuel, plus the excess air volume normal for the specific 

source type, corrected to standard conditions.
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(d) In deciding whether to require a test under (a) of this section, the department will 

consider

(1) the compliance status of the emission unit and the margin of compliance with 

each applicable requirement as demonstrated by prior compliance tests or other reasonably 

accurate data or calculations;

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

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

(e) The owner, operator, or permittee shall submit the results of testing conducted under 

this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of the state air quality control plan, 

adopted by reference in 18 AAC 50.030. 

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

18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of 

three one-hour test runs. The source test must account for those emissions caused by soot 

blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test 

run includes the emissions caused by the routine maintenance activity and is conducted under 

conditions that lead to representative emissions from that activity. The emissions must be 

quantified using the following equation:

Where:

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

cubic foot (gr/dscf).

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

the routine maintenance activity.

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

test runs that did not include routine maintenance activity.

A = the period of routine maintenance activity occurring during the test tun that 

included routine maintenance activity, expressed to the nearest hundredth 

of an hour.

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

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

nearest hundredth of an hour.

S = the maximum period of routine maintenance activity per 24 hours, expressed to the nearest hundredth of an hour. 

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

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

R x A

BS

-

R

(R- S)

+E

R x A

S

E= EM (A+B) x NM
Register 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 allowable emissions; and

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

 

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

operator shall submit to the department

(1) a completed stationary source identification form;

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

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

air pollutants;

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

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

allowable emissions;

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

including monitoring and recordkeeping requirements;

(6) citation to each requirement that the person seeks to avoid, including an 

explanation of why the requirement would apply in the absence of the limit and how the limit 

allows the person to avoid the requirement;

(7) if applying all limits does not avoid all permit classifications under AS 46.14 

and this chapter, a description, and if necessary an application, for the remaining classifications;

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

comply with each limit; and

(9) a certification, bearing the signature of the person requesting the limits, that 

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

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

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

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

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

(d) If the department makes a preliminary decision to approve a request under (c) of this 

section, the department will solicit public comment on the preliminary decision as follows:
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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

within the area where the stationary source is or will be located; the department will publish this 

notice in two consecutive issues of the newspaper and in other media the department considers 

appropriate; the notice will include

(A) the name and address of the applicant and the location or proposed 

location of the stationary source;

(B) a summary describing the proposed limit, including reference to the 

requirement that the limit avoids; 

(C) a statement that the department will accept public comment on the 

proposed limit for 30 days after first publishing notice; and

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

sent;

(2) the department will make available for public review, in at least one location 

within the area affected by the stationary source, the materials submitted by the owner or operator 

and a copy of the proposed limit;

(3) the department, upon its own motion or upon a request made in accordance 

with 18 AAC 15.060, will hold a public hearing on the application as described in 

18 AAC 15.060(d) - (h); and

(4) the department will accept public comments and testimony on the proposed 

limit for 30 days after publishing the notice required by (1) of this subsection; if the department 

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

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

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

 (e) After the public comment period provided under (d) of this section, the department 

will consider the comments received during the public comment period and will make a final 

decision whether to approve, approve with conditions, or deny the request for cause. This final 

decision, or a decision to deny the request under (c)(2) of this section, is a permit action for the 

purpose of review under AS 46.14.200. The absence of a department decision within 30 days 

after the close of the public comment period provided in (d) of this section will be considered a 

permit action to deny the request for the purpose of review under AS 46.14.200.

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

(1) describes the terms and conditions of the approval, including specific testing, 

monitoring, recordkeeping, or reporting requirements;
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 

explaining the reason for the request and applying for each permit listed in the original approval 

under (f) of this section as if the limit had never been approved. The limit remains in effect until 

the owner or operator

(1) obtains a new limit that allows the owner or 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 

certain stationary sources that become effective the day after the department receives a request 

containing all the required information. Under these "preapproved" emission limits or PAELs, 

no additional department approval is required. The owner and operator shall comply with the 

limit while that limit is in effect. The limit remains in effect until revoked in accordance with (e) 

of this section.

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

described in (c) or (d) of this section may request that the preapproved limits in those subsections 

be applied to that stationary source. To make the request, the owner or operator shall submit to 

the department the information required for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel 
Register 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 department a letter or form containing

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

apply;

(B) a list of all diesel engines at the stationary source to which the limits 

will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operator 

will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 

12 months;

(D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would have the potential to emit if subjected to the 

limits on fuel use proposed under (C) of this paragraph, determined by dividing the 

number provided under (C) of this paragraph by 3,309;

(E) an estimate of the potential to emit nitrogen oxides, in tons per year, 

from all emission units at the stationary source that are not listed under (B) of this 

paragraph;

(F) a calculation of the stationary source’s total potential to emit nitrogen 

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

(G) a list setting out each of the conditions required under (2) of this 

subsection; 

(H) a certification bearing the owner's or operator's signature stating that 

(i) "Based on information and belief formed after reasonable 

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

(ii) the owner or operator fully understands the conditions required 

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

nitrogen oxide emissions from the equipment listed under (B) of this paragraph to 

no more than the value calculated under (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(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 equipment during the preceding 12 months;

(C) keep all receipts for fuel purchases and all records and calculations 

under (B) of this paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy 

of the records and calculations required by (B) of this paragraph for the preceding year.

(d) The owner or operator of a gasoline distribution facility may limit the maximum daily 

throughput of gasoline for the stationary source to less than 19,900 gallons. If the limit in this 

subsection is applied, the department will consider the stationary source to be a bulk gasoline 

plant under the standards adopted by reference in 18 AAC 50.040(a)(2)(M) and (AA). The 

owner or operator shall 

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

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

apply;

(B) a list of each tank containing gasoline at the stationary source, 

including the working capacity of each tank; 

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

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

that

(i) "Based on information and belief formed after reasonable 

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

complete"; and

(ii) the owner or operator fully understands the conditions required 

under (2) of this section and agrees to those conditions in order to be classified as 

a bulk gasoline plant; and

(E) the administration fee in 18 AAC 50.400(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

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(C) keep all receipts for fuel sales and all records under (B) of this 

paragraph available for department inspection for at least five years; and

(D) no later than January 31 of each year, submit to the department a copy 

of the records required by (B) of this paragraph for the preceding year.

 

(e) The owner or operator may terminate a limit under this section by notifying the 

department, in writing, of the proposed date for termination of the limit. On and after the 

proposed date, the limit is no longer in effect unless the limit made it possible for the owner or 

operator to avoid any preconstruction review procedures or to avoid the requirement for an 

operating permit. If the limit 

(1) made it possible for the owner or operator to avoid any preconstruction 

review under this chapter, the limit remains in effect until the owner or operator obtains

(A) a new construction permit under this chapter as if the limit had never 

existed; or

(B) under this section, 18 AAC 50.225, or 18 AAC 50.508, a new limit 

that allows the owner or operator to continue to avoid preconstruction review; or

(2) did not make it possible to avoid preconstruction review, but made it possible 

to avoid a Title V permit or minor permit to operate, the limit remains in effect until the owner or 

operator obtains

(A) a new Title V permit under this chapter as if the limit had never 

existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a 

new limit that allows the owner or operator to continue to avoid the need for the permit. 

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

1/29/2005, Register 173)

Authority: AS 44.46.025 AS 46.14.030 AS 46.14.170

AS 46.03.020 AS 46.14.120 AS 46.14.180

AS 46.14.010 AS 46.14.130 AS 46.14.240

AS 46.14.020

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

emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based 

emission standard, the owner, operator, or permittee shall

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

standard; and

(2) give written notice to the appropriate department office within two working 

days after the event commenced or was discovered; notice under this paragraph must include a 
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49

description of the event, the cause of the event, steps taken to mitigate emissions, and corrective 

measures taken or to be taken.

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

demonstrate that

(1) an unavoidable emergency, malfunction, or nonroutine repair of an emission 

unit occurred, and the person can identify the cause;

(2) the stationary source was being properly operated when the event described in 

(1) of this subsection occurred; and

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

(c) In any enforcement action, the person seeking to assert the affirmative defense under 

AS 46.14.560 and this section has the burden of proof.

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

(1) if it arises from a sudden and reasonably unforeseeable event beyond the 

person's control, including an act of God, that requires immediate corrective action to restore 

normal operation; and 

(2) to the extent it was not the result of improper design, lack of preventive 

maintenance, careless or improper operation, or operator error. (Eff. 1/18/97, Register 141; 

am 6/14/98, Register 146; 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

18 AAC 50.240. Excess emissions. (a) In an enforcement action, the owner, operator, 

or permittee has the burden of proving that excess emissions were unavoidable. This 

demonstration is a condition to obtaining relief under (d), (e), and (f) of this section.

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

and are not subject to penalty. This section does not limit the department's power to enjoin the 

emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the 

owner, operator, or permittee believes to be unavoidable must be reported to the department as 

soon as possible. Unless otherwise specified in the stationary source's permit, other excess 

emissions must be reported within 30 days after the end of the month during which the emissions 

occurred or as part of the next routine emission monitoring report, whichever is sooner. If 

requested by the department, the owner, operator, or permittee shall submit a full written report 

that includes the known causes, the corrective actions taken, and the preventive measures to be 

taken to minimize or eliminate the chance of recurrence.
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(d) Excess emissions due to startup or shutdown will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and demonstrates 

that 

(1) the excess emissions could not have been prevented through careful planning 

and design; and

(2) if a bypass of control equipment occurred, the bypass was necessary to 

prevent loss of life, personal injury, or severe property damage. 

 

(e) Excess emissions due to scheduled maintenance will be considered unavoidable if the 

owner, operator, or permittee reports them as required under (c) of this section and demonstrates 

that the excess emissions could not have been avoided through reasonable design, better 

scheduling for maintenance, or better operation and maintenance practices.

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, 

or permittee reports them as required under (c) of this section and demonstrates that

(1) the event was not caused by poor or inadequate design, operation, or 

maintenance or by any other reasonably preventable condition;

(2) the event was not of a recurring pattern indicative of inadequate design, 

operation, or maintenance; and

(3) when the operator knew or should have known that an emission standard or 

permit condition was being exceeded, the operator took immediate and appropriate corrective 

action in a manner consistent with good air pollution control practice for minimizing emissions 

during the event, taking into account the total emissions impact of the corrective action, 

including slowing or shutting down the source as necessary to minimize emissions. 

(g) A demonstration under (d), (e), or (f) of this section must be supported by records 

made at the time the excess emissions occurred. (Eff. 1/18/97, Register 141; am 10/1/2004, 

Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

AS 46.14.030

18 AAC 50.245. Air episodes and advisories. (a) The department may declare an air 

episode and prescribe and publicize curtailment action if the concentration of an air pollutant in 

the ambient air has reached, or is likely in the immediate future to reach, any of the 

concentrations established in Table 6 in this subsection.
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Table 6. 

Concentrations Triggering an Air Episode

Episode Type Air Pollutant Concentration in

micrograms per cubic meter

{and in ppm where applicable}

Air alert Sulfur dioxide 365 (24-hour average)

{0.14 ppm}

PM-10 150 (24-hour average)

PM-10 from wood burning 

(wood smoke control areas)

92 (24-hour average)

Carbon monoxide 10,000 (8-hour average)

{8.7 ppm}

Air warning Sulfur dioxide 800 (24-hour average)

{0.31 ppm}

PM-10 350 (24-hour average)

Carbon monoxide 17,000 (8-hour average)

{15 ppm}

Air emergency Sulfur dioxide 1,600 (24-hour average)

{0.61 ppm}

PM-10 420 (24-hour average)

PM-10 from wood burning 

(wood smoke control areas)

During an air alert, a concentration 

measured or predicted to exceed 92 

(24-hour average), and to continue to 

increase beyond the concentration that 

triggered the air alert

Carbon monoxide 34,000 (8-hour average)

{30 ppm}

 (b) The department will declare an air quality advisory if, in its judgment, air quality or 

atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advisory under (b) of this section, the 

department will
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(1) request voluntary emission curtailments from any person issued a permit 

under this chapter whose stationary source’s emissions might impact the area subject to the 

advisory; and 

(2) publicize actions to be taken to protect public health. (Eff. 1/18/97, 

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

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

AS 46.14.010 AS 46.14.030

18 AAC 50.250. Procedures and criteria for revising air quality classifications. (a) 

Except for the Class I areas identified in 18 AAC 50.015(c), the class of any geographical area of 

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

quality classification.

(b) A geographic area that exceeds 10,000 acres and is one of the following may be 

classified only as Class I or Class II:

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

or

(2) a national monument, national primitive area, national preserve, national 

recreation area, national wild and scenic river, national wildlife refuge or range, or a national 

lakeshore or seashore.

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

AS 44.62.220, propose to change the air quality classification of a geographical area. The 

department will, in its discretion, combine or coordinate any public meetings or hearings 

conducted under (e) of this section with those conducted under AS 44.62.180 - 44.62.290. The 

department will make the report prepared under (d) of this section available to the public during 

the public comment period provided under AS 44.62.210.

(d) Before proposing a change to a geographic air quality classification, the department 

will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that 

includes

(1) an accurate description of the boundaries of the geographic area for which the 

change in air quality classification is proposed;

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

(3) a statement of the reasons why the change to the air quality classification is 

proposed and is in the public interest;

(4) a detailed evaluation of new emissions and ambient air quality impacts 

expected to occur in the area to be reclassified and in adjacent areas as a result of a modification 

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

in that area
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(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 classified 

in 18 AAC 50.015(c) of any proposed new or modified stationary source in the area to be 

reclassified; and

(6) a detailed analysis of the health, environmental, economic, social, and energy 

effects of the proposed reclassification.

(e) Before the commissioner will adopt an amendment to 18 AAC 50.015(c) that changes 

the air quality classification of an area of the state,

(1) for any change,

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

(B) the department must have conferred with the elected leadership of 

local and other substate general purpose governments in the area covered by the proposed 

redesignation;

(C) the department must have notified each affected federal land manager 

of the proposed change and provided at least 30 days to comment on the report described 

in (d) of this section;

(D) the department must have published in a newspaper of general 

circulation in the state a summary of the comments and recommendations of any affected 

federal land manager received under (B) of this paragraph and an explanation of the 

reasons for implementing a change that is inconsistent with the recommendations of the 

federal land manager; and

(E) the commissioner must have determined that

(i) the health, environmental, economic, social, and energy effects 

of the change are in the public interest; and

(ii) implementing the change will not cause or contribute to a 

violation of the ambient air quality standards or maximum allowable increase; 

 

(2) for any change to the classification of lands within the exterior boundary of a 

reservation of a federally-recognized Indian tribe, the governing body of the tribe must have 

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

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

December 19, 1996.

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 

51.166(b)(24), as revised as of July 1, 2003 and adopted by reference. (Eff. 1/18/97, Register 

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

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030

AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retrofit technology under the regional 

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

(1) 40 C.F.R. 51.301, 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 writing and shall identify the affected Class I 

areas. A notice provided to the owner or operator prior to December 30, 2007 shall satisfy this 

obligation. Unless the department exempts a source in accordance with Section III of the BART 

guideline, each source subject to BART shall comply with (d) through (h) and (l) through (o) of 

this section. 

(c) An owner or operator notified under (b) of this section may request an exemption 

from BART. Exemptions from BART approved by the department in writing prior to December 

30, 2007 shall have the same effect as those approved under this subsection. An exemption from 

BART must be requested and processed as follows:

(1) the owner or operator shall:
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(A) notify the department no later than 10 days after the latter of 

December 30, 2007 or notification under (b) of this section that they intend to request 

exemption from BART through visibility impact analysis modeling; and

(B) submit, no more than 30 days after the later of December 30, 2007 or 

the date of the department’s notice under (b) of this section, a visibility impact analysis 

modeling protocol that will meet the requirements of (h)(3) of this section for refined 

visibility impact analysis modeling:

(2) no later than 30 days after receiving a submission under (1)(B) of this 

subsection, the department will:

(A) approve the modeling protocol; or

(B) disapprove the modeling protocol and notify the owner or operator of 

the reasons for the disapproval;

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

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

section; and

(B) submit the visibility impact analysis report, including all supporting 

documentation, to the department no later than 60 days after the department approves a 

modeling protocol for the visibility impact analysis; if a modeling protocol is submitted 

and approved prior to December 30, 2007, the visibility impact analysis report required 

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

(4) the department will approve an exemption if the owner or operator meets the 

requirements of (1) and (3) of this subsection and the information submitted adequately 

demonstrates that the BART-eligible source is not reasonably anticipated to cause or 

contribute to any impairment of visibility in a Class 1 Area identified in the notice 

provided under (b) of this section;

(5) if the department does not approve an exemption based on the visibility 

impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or operator 

shall: 

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

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

limits (ORL); that application must be submitted no later than 30 days after the date of 

the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the 

owner or operator shall comply with the terms and conditions of the approval; if the 

owner requested limit is subsequently rescinded, the owner or operator shall conduct a 

BART control analysis in accordance with (d) – (o) of this section;
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(6) the department will notify the owner or operator, the Environmental Protection 

Agency, and each affected federal land manager, in writing, of a department approval or 

disapproval under this subsection; if the decision is to approve an exemption, either 

through visibility impact analysis or an owner-requested limit, the department will 

explain what requirements of this section no longer apply to the BART-eligible source.

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) 

of this section or if the department denies the exemption request under (c) of this section, the 

owner or operator shall submit a BART assessment modeling protocol that meets the 

requirements of (h)(3) of this section for control technology visibility impact analysis modeling 

no more than 30 days after the latest of December 30, 2007, the date of the department’s notice

under (b) of this section, or the date of the department’s notice disapproving the exemption 

request under (c) of this section. No more than 30 days after submission of a modeling protocol 

under this subsection, the department will 

(1) approve the modeling protocol; or 

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

reasons for the disapproval.

(e) For purposes of analyzing the visibility impact from potential control technologies, 

the owner or operator of each source subject to BART shall submit to the department an analysis 

of control options consistent with Section IV of the BART guidelines;

(1) no more than 210 days after the later of December 30, 2007 or the date of the 

department’s notice under (b) of this section, if the owner or operator did not submit an 

exemption modeling protocol under (c)(1) of this section ; or

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

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

(f) The pollutants of concern for purposes of BART are SO2, NOx, and PM10.

(g) If an owner or operator elects to apply, or has already applied, the most stringent 

controls available consistent with the analysis conducted under (e) of this section, they are not 

required to conduct a visibility impact analysis for the emission units and pollutants to which the 

controls are to be or have been applied.

(h) A visibility impact analysis must:

(1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls;

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

between the current or pre-control technology and each potential BART control option consistent 

with the approved modeling protocol compared to the annual average default natural visibility 

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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Regional Haze Rule, EPA-454/B-03-005, dated September 2003 and adopted by reference, at 

each Class I area identified in the notice under (b) of this section.

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

(A) the Western Regional Air Partnership’s CALMET/CALPUFF 

Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United 

States, dated August 15, 2006 and adopted by reference, as amended by the Summary of 

WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by 

reference; or

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

available for at least a 15-day review by EPA and each affected federal land manager, and 

subsequently approved in writing by the department.

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

necessary to complete review of the analysis of control options for a source subject to BART. 

The department will establish a reasonable deadline for submitting the information after 

consulting the owner or operator. The owner or operator shall provide such information no later 

than the deadline established by the department. 

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

BART determination for each emission unit at each source subject to BART. In the preliminary 

BART determination, the department will include:

(1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART, and

(2) the monitoring, record-keeping, and reporting needed to demonstrate 

compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference 

in 18 AAC 50.040(j); 

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

department will publish a notice of its preliminary BART determination and provide at least 30 

days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 

18 AAC 50.040(j) except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if 

a person requests to be sent notice by postal mail instead of electronic mail, the department will 

send the notice by postal mail;

(2) the department will hold a public hearing only if one is requested within 

15 days after publication of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after 

consideration of comments and testimony received, the department will make a final BART 

determination and provide written notice to each owner or operator, EPA, each affected federal 
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land manager, and any person who commented on the preliminary BART determination. In the 

final BART determination, the department will include

(1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate 

compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference 

in 18 AAC 50.040(j).

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

in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested 

as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

(n) As expeditiously as practicable, but in no case more than five years after the date of 

EPA approval of the regional haze state implementation plan required under 42.U.S.C. 7410 and 

7491,, the owner or operator of a source that is subject to a final BART determination under this 

section shall comply with the requirements established in that determination.

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

with the BART determination shall:

(1) maintain the control equipment and establish procedures to ensure that the

equipment is properly operated and maintained; and

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

methods set out in the final BART determination.

(p) Department services under this section are designated regulatory services for 

preapplication assistance and will be billed to the operating permit covering the source subject to 

BART as set out in 18 AAC 50. 400(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 naturally 
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occurring phenomena that reduce visibility as measured in terms of light extinction, 

visual range, contrast, or coloration;

(5) “deciview” has the meaning given in 40 C.F.R. 51.301, adopted by reference 

in (a) of this section;

(6) “existing stationary facility” has the meaning given in 40 C.F.R. 51.301, 

adopted by reference in (a) of this section;

(7) “federal land manager” has the meaning given in 40 C.F.R. 51.301, adopted 

by reference in (a) of this section;

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

pre-BART controls and post-BART controls for purposes of this section;

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

accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air quality modeling analysis 

conducted for the purposes of determining visibility impacts. (Eff. 12/30/2007, Register 

184)

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

AS 46.14.020 AS 46.14.030

Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the Regional 

Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class 

I areas in the Western United States, and the Summary of WRAP RMC BART Modeling for 

Alaska, Draft #7, adopted by reference in 18 AAC 50.260(h), may be reviewed at the 

department's Anchorage, Fairbanks, or Juneau office. To obtain a copy of these or any other 

documents adopted by reference in this section, contact the Department of Environmental 

Conservation, Air Quality Division at (907) 465-5100. 
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Article 3. Major Stationary Source Permits.

Section

300. (Repealed)

301. Permit continuity

302. Construction permits

305. (Repealed)

306. Prevention of significant deterioration (PSD) permits

310. (Repealed)

311. Nonattainment area major stationary source permits

315. (Repealed)

316. Preconstruction review for construction or reconstruction of a major source of hazardous air

pollutants

320. (Repealed)

321. Case-by-case maximum achievable control technology determinations

322. (Repealed)

325. (Repealed)

326. Title V operating permits

330. (Repealed) 

335. (Repealed)

340. (Repealed)

341. (Repealed)

345. Construction and operating permits: standard permit conditions

346. Construction and operating permits: other permit conditions

350. (Repealed) 

355. (Repealed)

360. (Repealed)

365. (Repealed)

370. (Repealed)

375. (Repealed)

380. (Repealed)

385. (Repealed)

390. (Repealed)

18 AAC 50.300. Construction permits: classifications. Repealed. (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 2/2/2002, Register 161; am 5/3/2002, Register 162; 

repealed 10/1/2004, Register 171)

18 AAC 50.301. Permit continuity. (a) An air quality permit that is effective under 

this chapter as of October 1, 2004 remains in effect until it

(1) expires, consistent with AS 46.14.230; 

(2) is revoked by the department under AS 46.14.280; or
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(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 the regulations in effect before or after October 1, 2004; and

(2) department will process the application in accordance with the applicant’s 

request. (Eff.10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230

AS 46.14.010 AS 46.14.130 AS 46.14.280

AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a 

construction permit before beginning actual construction of a new major stationary source, a 

major modification, a PAL major modification, or a new stationary source or modification 

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

112(i)). The owner or operator must obtain one or more of the following types of construction 

permits, as applicable:

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

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

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

air pollutants.

(b) If a stationary source or modification 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 applicable construction permit 

requirements. (Eff.10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

18 AAC 50.305. Construction 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) permit under this 

section before beginning actual construction of a new major stationary source, a major 

modification, or a PAL major modification. 
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(b) To satisfy the requirement of (a) of this section, the owner or operator must comply 

with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the 

following changes:

(1) in 40 C.F.R. 52.21, 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 exemptions: 

(1) the date of receipt of the application is the date that the department has 

received all required information under AS 46.14.160 and this section;

(2) the department will provide at least 30 days for the public to comment, and 

upon its own motion or upon a request in accordance with 18 AAC 15.060, will hold a public 

hearing on the application as described in 18 AAC 15.060(d) - (h);

(3) if requested by the owner or operator of a stationary source or modification 

that requires both a PSD permit and a Title V permit or permit modification, the department will 

integrate review of the operating permit application or amendment required by 18 AAC 50.326 

and the PSD permit application required by this section; a PSD permit application designated for 

integrated review will be processed in accordance with procedures and deadlines described in 

18 AAC 50.326.

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

conditions

(1) as necessary to ensure that the permittee will construct and operate the 

proposed stationary source or modification in accordance with this section, including terms and 

conditions consistent with AS 46.14.180 that require the permittee to 

(A) install, use, and maintain monitoring equipment;

(B) sample emissions according to the methods prescribed by the 

department, at locations and intervals specified by the department, and by procedures 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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specified by the department;

(C) provide source test reports, monitoring data, emissions data, and 

information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on process operations and emissions, and 

reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420.

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge 

the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 –

18 AAC 15.340. (Eff.10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 

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

18 AAC 50.311. Nonattainment area major stationary source permits. (a) In 

accordance with the provisions of 40 C.F.R. 51.165, as adopted by reference in 18 AAC 50.040, 

before commencing construction of a major stationary source, major modification, or PAL major 

modification for a nonattainment pollutant in a nonattainment area, an owner or operator must 

obtain a construction permit from the department. 

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

(1) for the nonattainment air pollutant, a

(A) demonstration, including substantiating information, that emissions of 

the pollutant will be controlled to a rate that represents the lowest achievable emission 

rate (LAER);

(B) demonstration that reductions in actual emissions from other 

stationary sources within the nonattainment area will equal or exceed the expected 

maximum emissions increase from the construction and operation of the stationary source 

or modification; and

(C) description of the proposed reductions in actual emissions used to 

demonstrate satisfaction of the requirements in (B) of this paragraph; the description must 

include

(i) from each stationary source providing the emission reductions, 
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a complete application for a minor permit under 18 AAC 50.508(4); and

(ii) a certification that proposed reductions in actual emissions will 

occur before the onset of emission increases from the stationary source or 

modification;

(2) a demonstration that other stationary sources owned or operated by the 

applicant within the state are in compliance with

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

regulations; or

(B) an order issued under AS 46.03 that controls air emissions from those 

stationary sources; and

(3) a demonstration that the benefits of construction, operation, or modification 

of the stationary source will significantly outweigh the environmental and social costs incurred, 

considering factors such as alternative sites, sizes, production processes, and environmental 

control techniques.

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by 

reference, the department will provide notice and opportunity for a 30 - day public comment 

period on the department’s proposed permit or proposed denial. The department will issue a 

permit only if the department finds that the applicant has shown that the stationary source or 

modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by 

reference in 18 AAC 50.040.

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

terms and conditions 

(1) as necessary to ensure that the proposed stationary source or modification will 

meet the requirements of this section, including terms and conditions consistent with 

AS 46.14.180 for 

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

(B) sampling emissions according to the methods prescribed by the 

department, at locations and intervals specified by the department, and by procedures 

specified by the department;

(C) providing source test reports, monitoring data, emissions data, and 

information from analysis of any test samples;

(D) keeping records; and

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

reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and
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(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. (Eff. 

10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170

AS 46.03.850 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140

18 AAC 50.315. Construction permits: review and issuance. Repealed. (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, 

Register 171)

18 AAC 50.316. Preconstruction review for construction or reconstruction of a 

major source of hazardous air pollutants. (a) Applicability. The owner or operator of a 

major source of hazardous air pollutants subject to a standard under 40 C.F.R. part 63, adopted 

by reference in 18 AAC 50.040, must obtain a construction permit before

(1) constructing a new major source of hazardous air pollutants subject to that 

standard;

(2) reconstructing a major source of hazardous air pollutants subject to that 

standard; or 

(3) reconstructing a major source of hazardous air pollutants in a way that causes 

the source to become an affected source that is major-emitting under 40 C.F.R. Part 63 and 

subject to that standard.

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63.5(d) - (e), adopted by 

reference in 18 AAC 50.040, means “department” for the purposes of this section.

(c) Procedures for preconstruction approval. An application for a construction permit 

required under this section must be prepared and submitted in accordance with 40 C.F.R. 63.5(d), 

adopted by reference in 18 AAC 50.040. After receiving a complete application,

(1) the department will prepare a report that contains a preliminary decision to 

approve or deny the permit application; the department will make a decision to issue the permit 

only if the department determines that the criteria of 40 C.F.R. 63.5(e)(1), adopted by reference 

in 18 AAC 50.040, are met;

(2) if the department makes the preliminary decision to deny the permit 

application, the owner, operator, or permittee may submit additional information for the 

department to consider before the department makes a final decision, as follows:

(A) after consulting with the applicant, the department will specify dates 

by which the applicant must submit any additional information under this paragraph;
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(B) within 60 days after receiving the additional information, the 

department will

(i) make a preliminary decision to approve or approve with 

conditions; or

(ii) take a final permit action and deny the permit application for 

cause;

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

application, the department will

(A) prepare a draft permit; 

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

motion or upon a request in accordance with 18 AAC 15.060, will hold a public hearing 

on the application as described in 18 AAC 15.060(d) - (h); and

(C) make available for public review the materials submitted by the 

applicant and a copy of the proposed permit in at least one location within the area known 

or expected to be affected by the stationary source as proposed;

(4) if the department makes a decision to issue a final permit, the department will 

issue the permit consistent with AS 46.14.170.

(d) Permit Content. In a permit under this section, the department will include terms 

and conditions that

(1) reference specific applicable requirements under each applicable subpart of 

40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 -

18 AAC 50.420. 

(e) Notification. For each notification that the owner or operator is required to send to 

the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or 

operator shall also send a copy of the notification to the department. (Eff. 10/1/2004, Register 

171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140
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18 AAC 50.320. Construction permits: content and duration. Repealed. (Eff. 

1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.321. Case-by-case maximum achievable control technology 

determinations. (a) Purpose. This section implements EPA requirements for case-by-case 

maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) 

(Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in 

18 AAC 50.040. 

(b) Applicability. This section applies to any owner or operator who constructs or 

reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has been specifically regulated or 

exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 

112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

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

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

(1) an electric utility steam generating unit unless, and until such time as that unit 

is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act, sec. 112(c)(5)); 

(2) a stationary source that is within a source category that has been deleted from 

the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or 

reconstruction of a major source of hazardous air pollutants unless the department has made a 

final and effective case-by-case determination under (e) of this section under which emissions 

from the constructed or reconstructed major source of hazardous air pollutants will be controlled 

to a level no less stringent than the maximum achievable control technology emission limitation 

for new sources. 

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this 

section the owner or operator must obtain a notice of MACT approval under the procedures of 

40 C.F.R. 63.43(d) – (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the 

department will coordinate processing of the notice of MACT approval with the processing of 

any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) the definitions of 40 C.F.R. 63.41 are adopted by reference, except that 

“permitting authority” means the department;
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(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the 

meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A, except that “construction,” 

“emission standard,” “fugitive emissions,” “hazardous air pollutant,” “operator,” “owner,” 

“potential to emit,” and “stationary source” have the meanings given in AS 46.14.990. (Eff. 

10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.14.010(a) AS 46.14.020

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 

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

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. Except as 

provided in (b) – (k) of this section, an owner or operator of a Title V source must obtain a 

Title V permit consistent with 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are 

adopted by reference, except that 

(1) “permitting authority” and “delegate agency” mean the department;

(2) “applicable requirement” also means any obligation created by AS 46.14, this 

chapter, or a term or condition of a preconstruction permit issued by the department”;

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

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

(5) “part 71 source” means any source subject to the permitting requirements 

under this section; 

(6) “emissions unit” has the meaning given in AS 46.14.990;

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

(8) “administrator” means the administrator of EPA, except that “administrator” 

or “regional administrator” means the department at 

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

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

(c) Applications. For the purposes of 40 C.F.R. 71.5(a)(1)(i) and (ii), a timely 

application is one that satisfies AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i) - (ii) do not apply. 

Application fees must be paid in accordance with 18 AAC 50.400 – 18 AAC 50.430. To 

establish confidentiality for information submitted to the department, the owner and operator 
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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 applicant may 

provide either one application for both requested permits, or two separate applications; or 

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 

71.7(d), adopted by reference in 18 AAC 50.040; to qualify for this option, the application must 

satisfy the requirements for both the Title I and Title V applications; for applications that qualify, 

the department will issue or deny the Title I permit following the required procedures for the 

Title I permit, and all of the procedures of this section; a Title I permit must include all of the 

permit content required for the Title I permit and required under this section.

(d) Applications – insignificant emission units. The provisions in 40 C.F.R. 

71.5(c)(11) for insignificant emission units and activities do not apply and are replaced by (d) -

(i) of this section. Emission units and activities described in (e) - (i) of this section are 

insignificant and need not be included in an operating permit application except as follows: 

(1) an emission unit is not insignificant and must be included in an operating 

permit application if the emission unit is subject to 

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - (d); 

(B) an emission unit-specific requirement established under 

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapter; or

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

(C) a stationary source-specific or emission unit-specific emission 

limitation; 

(2) the application must list each requirement of 18 AAC 50.040(e), 

18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to 

insignificant emission units at the stationary source; 

(3) the application must list each emission unit at the stationary source that is 

identified as insignificant under (e) or (g) of this section; if requested by the department, the 

applicant must provide sufficient documentation for the department to determine whether a 

source has been appropriately listed as insignificant; 
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(4) the application may not omit information needed to evaluate the fee required 

under 18 AAC 50.410;

(5) the application must include compliance certification based on reasonable 

inquiry for insignificant emission units; a compliance certification made during the permit term 

according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant 

emission units; 

(6) the application must propose conditions for monitoring, record keeping, and 

reporting if the conditions are necessary to assure compliance with requirements identified in (2) 

of this subsection. 

(e) Applications – insignificant emission units: emission rate basis. Except as 

provided in (d) of this section, an emission unit is insignificant based on emission rate if its 

actual emissions of each air pollutant are less than the rates listed in (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 subsection has actual emissions less than the following rates: 

(1) five TPY of carbon monoxide; 

(2) two TPY of nitrogen oxides; 

(3) two TPY of sulfur oxides; 

(4) two TPY of volatile organic compounds; 

(5) 0.75 TPY of PM-10; 

(6) 0.005 TPY of lead; 

(7) 0.15 TPY of fluorides; 

(8) 0.35 TPY of sulfuric acid mist; 

(9) 0.5 TPY of hydrogen sulfide; 

(10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide; 

(11) 0.000000175 TPY of municipal waste combustor organics, measured as total 

tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans; 

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate 

matter; 

(13) two TPY of municipal waste combustor acid gases, measured as Sulfur 

dioxide and hydrogen chloride; 
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(14) two TPY of ozone depleting substances in aggregate, the sum of Class I and 

Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference 

in 18 AAC 50.040; 

(15) 0.5 TPY for any regulated air pollutant not listed in (1) - (14) of this 

subsection. 

(f) Applications – insignificant emission units: category basis. Except as provided in 

(d) of this section, the following categories of emission units are insignificant: 

(1) mobile transport tanks on vehicles, except for those containing asphalt or 

volatile liquids; 

(2) lubricating oil storage tanks; 

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic 

fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that 

minimizes or prevents unintended emissions; this category does not include equipment used to 

mix or package powdered detergent, spray dryers, or any equipment that must have an emission 

control device to comply with the requirements of 18 AAC 50.045(d) or 18 AAC 50.055;

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

(5) vents from continuous emissions monitors and other analyzers; 

(6) sampling connections used exclusively to withdraw materials for laboratory 

analyses and testing; 

(7) sample gathering, preparation, and management; 

(8) equipment and instrumentation used for quality control, quality assurance, or 

inspection purposes; 

(9) laboratory calibration and maintenance equipment; 

(10) individual laboratory hoods; 

(11) ventilating units used for human comfort that do not exhaust air pollutants 

into the ambient air from any manufacturing, industrial, or commercial process; 

(12) comfort air conditioning; 

(13) maintenance and upkeep activities such as routine housekeeping, grounds 

keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, 

re-tarring roofs, applying insulation to buildings in accordance with applicable environmental

and health and safety requirements, and paving or striping parking lots if these activities are not 

conducted as part of a manufacturing process, are not related to the primary business activity of 
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the stationary source, and do not otherwise require a permit revision; this category does not 

include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal 

combustion engines used to provide electric power or heat; 

(14) portable solid waste containers such as dumpsters for municipal solid waste 

or office wastes; 

(15) structural changes that do not give rise to air pollutant emissions; this 

category does not include emissions from construction activities; 

(16) portable welding, brazing, cutting, and soldering operations used in 

incidental maintenance; 

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

ceremonial fires; 

(18) food preparation for human consumption including cafeterias, kitchen 

facilities, and barbecues located at a source for providing food service on the premises; 

(19) tobacco smoking rooms and areas; 

(20) emergency backup generators at single family or duplex residential 

locations; 

(21) washers, dryers, extractors, and tumblers for fabrics using water solutions of 

bleach or detergents; 

(22) janitorial services and consumer use of janitorial products; 

(23) office activities; 

(24) materials and equipment used by, and activity related to, operation of an 

infirmary if the infirmary is not the stationary source’s business activity; this category does not 

include medical waste incineration at military bases; 

(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; 
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(31) firefighting and similar safety equipment and equipment used to train 

firefighters not subject to 18 AAC 50.065;

(32) non-commercial smokehouses; 

(33) drop hammers or hydraulic presses for forging or metalworking; 

(34) blacksmith forges; 

(35) inspection equipment for metal products; 

(36) conveying and storage of plastic pellets; 

(37) plastic pipe welding; 

(38) tire buffing where a water spray is used with the particulate collection 

system to prevent smoke generation; 

(39) wet sand and gravel screening; 

(40) wax application; 

(41) ultraviolet curing processes; 

(42) hand-held applicator equipment for hot melt adhesives; 

(43) steam cleaning operations; 

(44) steam sterilizers; 

(45) portable drums and totes; 

(46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, 

grinding, turning, or machining wood, metal, or plastic; 

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this 

category does not include associated power generation equipment; 

(48) equipment used exclusively to slaughter animals; this category does not 

include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, 

incinerators, and electrical power generating equipment; 

(49) ozonation equipment; 

(50) demineralization and oxygen scavenging (deaeration) of water; 

(51) pulse capacitors; 
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(52) laser trimmers using dust collection to prevent fugitive emissions; 

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

(54) Carbon dioxide lasers used only on metals and other materials that do not 

emit hazardous air pollutants in the process; 

(55) photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, 

telefacsimile, photographic developing, and microfiche; 

(56) consumer use of paper trimmers and binders; 

(57) hydraulic and hydrostatic testing equipment; 

(58) batteries and battery charging areas; this category does not apply to 

manufacturing or rebuilding facilities; 

(59) salt baths using nonvolatile salts that do not result in emissions of any 

regulated air contaminants; 

(60) shock chambers; 

(61) mechanical wire strippers; 

(62) humidity chambers; 

(63) solar simulators; 

(64) environmental chambers that do not use hazardous air pollutant gasses; 

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

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

(67) digester chip feeders; 

(68) process water and white water storage tanks; 

(69) demineralizer tanks; 

(70) hydrogen peroxide tanks; 

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and 

cooling systems; 
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(72) winders; 

(73) chipping; 

(74) debarking;

(75) pulp mill sludge dewatering and handling; 

(76) screw press vents; 

(77) pond dredging; 

(78) polymer tanks and storage devices and associated pumping and handling 

equipment used for solids dewatering and flocculation; 

(79) electrical circuit breakers, transformers, or switching equipment installation 

or operation; 

(80) electric or steam-heated drying ovens or autoclaves, excluding the articles or 

substances being processed in the ovens or autoclaves and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, and lift stations associated with 

wastewater treatment systems at publicly owned treatment works; 

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those 

tanks and equipment do not emit volatile organic compounds (VOCs) or hazardous air pollutants; 

(83) natural gas pressure regulator vents; this category does not include venting at 

oil and gas production facilities; 

(84) lubricating pumps, sumps, and systems; 

(85) well service equipment; 

(86) aircraft ground support equipment (AGE), lights, and heating, ventilation, 

and air conditioning (HVAC) support; this category does not include portable power generators; 

(87) engine crankcase vents and equipment lubricating sumps;

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

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

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater 

conveyance facilities; 

(91) site assessment work, including the evaluation of waste disposal or 

remediation sites; 
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(92) instrument systems using air or natural gas; 

(93) drill site manifold and wellhead enclosures; 

(94) vent emission from gas streams used as buffer or seal gas in rotating pump 

and compressor seals; 

(95) natural gas odorizing activities; 

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other 

equipment; 

(97) pipeline maintenance pigging activities; 

(98) truck, car, or aircraft washing if equipment is not designed to vaporize 

hydrocarbons from the wash water; 

(99) nonroutine clean-out of tanks and equipment for the purpose of worker entry 

or in preparation for maintenance or decommissions; 

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel 

bladder repair; 

(101) portable electrical generators that can be moved by hand from one location 

to another; 

(102) natural gas and liquefied petroleum gas (LPG) vehicle fleet fueling 

facilities; 

(103) military field exercises, except emissions from permanent stationary 

sources; 

(104) fire suppression; 

(105) storage of water-treating chemicals to be used in a drinking water system or 

a boiler water feedwater system. 

(g) Applications – insignificant emission units: size or production rate basis. 

Except as provided in (d) of this section, the following emission units are insignificant on the 

basis of size or production rate: 

(1) operation, loading, and unloading of storage tanks and storage vessels with 

less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the 

minimum extent necessary to avoid solidification; 

(2) operation, loading, and unloading of storage tanks with not greater than 
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1,100-gallon capacity, with lids or other closure not for use with hazardous air pollutants, and 

with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg); 

(3) operation, loading, and unloading of volatile liquid storage with 10,000-gallon 

capacity or less, with lids or other closure and storing liquid with a vapor pressure not greater 

than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; 

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum 

gas (LPG) storage tanks with vessel capacity under 40,000 gallons; 

(5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per 

hour exclusively using natural gas, butane, propane, or liquefied petroleum gas (LPG); emission 

units under this paragraph do not include internal combustion engines; 

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per 

hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less 

than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under 

this paragraph do not include internal combustion engines; 

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per 

hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not 

include internal combustion engines; 

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per 

hour if burning used oil; emission units under this paragraph do not include internal combustion 

engines; 

(9) a combustion emission unit with a rated capacity less than 450,000 Btu per 

hour if burning wood waste or waste paper; emission units under this paragraph do not include 

internal combustion engines; 

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

(11) foundry sand molds, unheated and using binders with less than 0.25 percent 

free phenol by sand weight; 

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

(13) printing and silkscreening using less than two gallons per day of any 

combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous 

solutions if they do not contain hazardous air pollutants; 

(14) comfort cooling towers and ponds that have a capacity not greater than 

10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not 

use chromium-based corrosion inhibitors; 

(15) combustion turbines rated at less than 160 horsepower; 
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(16) batch distillation equipment with a batch capacity not greater than 

55 gallons and used only for solvents that do not contain hazardous air pollutants; 

(17) cleaning equipment 

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

(B) using solvent

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

(ii) with a vapor pressure not more than 30 millimeters (mm) of 

mercury (Hg) at 20 degrees Celsius; 

(18) surface coating using less than two gallons per day of formulations not 

containing hazardous air pollutants; 

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure 

for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids; 

(20) cleaning and stripping activities and equipment using solutions having less 

than one percent volatile organic compounds (VOCs) by weight; when used on metallic 

substances, acid solutions are not insignificant; 

(21) equipment with lids or other closures used exclusively to pump, load, 

unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees 

Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees 

Celsius; 

(22) surface coating, aqueous solution, or suspension containing less than one 

percent volatile organic compounds (VOCs); 

(23) storage and handling of water-based lubricants for metal working if the 

organic content of the lubricant is less than 10 percent; 

(24) municipal or industrial wastewater chlorination facilities of not greater than 

1,000,000 gallons per day capacity; 

(25) diesel engines of 250 horsepower or less being used to provide power for 

well servicing equipment. 

(h) Applications – insignificant emission units: case-by-case basis. This subsection 

lists emission units or activities that may be insignificant on the basis of size or production rate. 

Insignificant emission units and activities listed in this subsection that are subject to a standard 

under 18 AAC 50.050 – 18 AAC 50.090 must be listed on the permit application. Except as 

provided in (d) of this section, the department may determine the following emission units to be 
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insignificant on a case-by-case basis: 

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water 

Pollution Control Act, National Pollutant Discharge Elimination System), and that are used 

solely for settling suspended solids and skimming oil and grease; and 

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee. 

(i) Applications – insignificant emission units: administratively insignificant 

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 under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502 

and are not under common control with the permitted stationary source. 

(j) Permit content. Permit terms and conditions issued under this section will be 

developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except 

as follows:

(1) with respect to any fee requirement or reference, the applicable provisions of 

18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will include the expiration date in the permit; the permit 

duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) 

do not apply;

(3) a stationary source subject to this section will also be subject to the standard 

operating permit conditions and other permit conditions as required by 18 AAC 50.345 and 

18 AAC 50.346; prompt reporting of permit deviations is subject to the department’s Standard 

Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 

71.6(a)(3)(iii)(B)(1) – (B)(4); the provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the 

standard permit conditions of 18 AAC 50.345;

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title V 

permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessary 

to implement a requirement of AS 46.14 or this chapter; 

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not 

federally enforceable unless required by the Clean Air Act; that term or condition is not subject 

to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each 
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term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions 

o f 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordance with this section, and with 

40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a 

plantwide applicability limitation (PAL) in a Title V permit. 

(k) Permit review and issuance. The review and issuance of a permit under this section 

will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040

except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if 

a person requests that the department send the notice by postal mail, the department will send the 

notice to the person by postal mail;

(2) the department will only issue a permit if the permit conditions provide for 

compliance with all applicable requirements and the requirements of this section; the provisions 

of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the 

department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final 

permit; if EPA objects to a permit after the 45-day review period in AS 46.14.220 and the 

department has not issued the final permit, the department will not issue the final permit until the 

objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the 

review period ends; and

(B) objections that were raised during the public comment period for the 

permit, unless the petitioner shows that raising the objection during the public comment 

period was impracticable or that grounds for the objection arose after the public comment 

period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 

71 dependent on whether a program has been delegated does not apply, including the phrase “in 

the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the 

phrase “When a part 71 program has been delegated in accordance with the provisions of this 

section,” in 40 C.F.R. 71.10;

(5) a permit under this section becomes effective 30 days after the department 

issues the final permit;

(6) when the department makes a final decision to approve or deny an application 

for a Title V permit, the department will notify the applicant and any person who commented on 

the application; a person described in AS 46.14.200 may request an adjudicatory hearing as 
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prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do 

not apply; in a notification of denial of an application, the department will include the reasons for 

denial;

(7) the department will keep for five years any record and submit to the federal 

administrator any information that the federal administrator may reasonably require to ascertain 

whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661 –

7661f (Title V, Clean Air Act).

(l) Significant permit modifications. If an existing Title V permit prohibits 

construction or a change in operation for which a permit or notice of MACT approval is required 

under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, 

in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant 

permit modification to the Title V permit before commencing operation that incorporates the 

construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190

AS 46.14.010 AS 46.14.150 AS 46.14.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

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

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

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

141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 10/16/2003, Register 168; repealed 

10/1/2004, Register 171)

18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, 

Register 171)

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, 

Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction and operating permits: standard permit conditions. 

(a) Subsections (b) – (o) of this section set out standard permit conditions that the 

department will include in each operating permit. The department may include the conditions set 

out in (c)(1) and (2) and (d) – (o) of this section in each 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; or
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(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance 

with a permit term or condition constitutes a violation of AS 46.14, this chapter, and, except for 

those terms or conditions designated in the permit as not federally enforceable, the Clean Air 

Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, or modification in accordance 

with AS 46.14.280; or

(3) denial of an operating permit renewal application.

(d) It is not a defense in an enforcement action to claim that it would have been necessary 

to halt or reduce the permitted activity in order to maintain compliance with a permit term or 

condition.

(e) Each permit term and condition is independent of the permit as a whole and remains 

valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. 

A request by the permittee for modification, revocation and reissuance, or termination or a 

notification of planned changes or anticipated noncompliance does not stay any permit condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive 

privilege.

(h) The permittee shall allow the department or an inspector authorized by the 

department, upon presentation of credentials and at reasonable times with the consent of the 

owner or operator to

(1) enter upon the premises where a source subject to the permit is located or 

where records required by the permit are kept;

(2) have access to and copy any records required by the permit;

(3) inspect any stationary source, equipment, practices, or operations regulated by 

or referenced in the permit; and

(4) sample or monitor substances or parameters to assure compliance with the 

permit or other applicable requirements.

(i) The permittee shall furnish to the department, within a reasonable time, any 

information that the department requests in writing to determine whether cause exists to modify, 

revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon 
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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 including the signature of a 

responsible official for the permitted stationary source following the statement: “Based on 

information and belief formed after reasonable inquiry, I certify that the statements and 

information in and attached to this document are true, accurate, and complete.” Excess emission 

reports must be certified either upon submittal or with an operating report required for the same 

reporting period. All other reports and other documents must be certified upon submittal. 

(k) In addition to any source testing explicitly required by the permit, the permittee shall 

conduct source testing as requested by the department to determine compliance with applicable 

permit requirements.

(l) The permittee may request an extension to a source test deadline established by the 

department. The permittee may delay a source test beyond the original deadline only if the 

extension is approved in writing by the department’s appropriate division director or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the 

department. The plan must include the methods and procedures to be used for sampling, testing, 

and quality assurance and must specify how the source will operate during the test and how the 

permittee will document that operation. The permittee shall submit a complete plan within 60 

days after receiving a request under (k) of this section and at least 30 days before the scheduled 

date of any test unless the department agrees in writing to some other time period. Retesting may 

be done without resubmitting the plan.

(n) At least 10 days before conducting a source test, the permittee shall give the 

department written notice of the date and the time the source test will begin.

(o) Within 60 days after completing a source test, the permittee shall submit two copies 

of the results in the format set out in the Source Test Report Outline, adopted by reference in 

18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section. 

If requested in writing by the department, the permittee must provide preliminary results in a 

shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, 

Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

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

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

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

stationary source-specific conditions more adequately meet the requirements of this chapter or 

that no comparable condition is appropriate for the stationary source or emission unit. The 
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department’s Standard Permit Condition II – Air Pollution Prohibited, as revised as of August 25, 

2004, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in 

this subsection, unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements of this chapter or that no comparable 

condition is appropriate for the Title V source or emission unit. The following standard permit 

conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of 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 determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements of this chapter, the department will 

use the standard operating permit conditions listed in Table 7 of this subsection for the respective 

emission unit or emission unit types identified in the table. The standard operating permit 

conditions listed in Table 7 are adopted by reference.
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Table 7

Emission Unit or Activity Standard Permit Condition

-Gas-fired fuel burning equipment, except 

flares

Standard Operating Permit Condition 

VIII – Visible Emissions and Particulate 

Matter Monitoring Plan for Gas-Fired 

Fuel Burning Equipment, August 25, 

2004

–Stationary diesel engines

–Liquid-fired stationary turbines 

–Other liquid-fired fuel burning 

equipment

Standard Operating Permit Condition 

IX –Visible Emissions and Particulate 

Matter Monitoring Plan for Liquid-Fired 

Sources, August 25, 2004

–Coal fired boilers 

–Coal handling equipment

–Construction of gravel pads or roads that 

are part of a permitted stationary source, 

or other construction that has the 

potential to generate fugitive dust that 

reaches ambient air

–Commercial, industrial, municipal solid 

waste, air curtain, and medical waste 

incinerators

–Sewage sludge incinerators not using wet 

methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the control of the 

operator with frequent vehicle traffic

Standard Operating Permit Condition X 

– Reasonable Precautions to Prevent 

Fugitive Dust, August 25, 2004
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–Other sources the department finds are 

likely to generate fugitive dust

–Fuel burning equipment burning liquid 

fuel

Standard Operating Permit Condition XI 

– SO2 Emissions from Oil Fired Fuel 

Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid 

fuel

Standard Operating Permit Condition 

XII – SO2 Material Balance Calculation, 

August 25, 2004

–Coal fired boilers Standard Operating Permit Condition 

XIII – Coal Fired Boilers, August 25, 

2004

(d) Repealed 10/1/2004. (Eff. 5/3/2002, 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; 

am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 

10/1/2004, Register 171)

18 AAC 50.355. Changes to a permitted facility. Repealed. (Eff. 1/18/97, Register 

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

18 AAC 50.360. Facility changes that violate a permit condition. Repealed. (Eff. 

1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. 

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

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; 

repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; repealed 10/1/2004, Register 

171)
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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)
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Article 4. User Fees.

Section

400. Permit administration fees

401. Fees for a notice of MACT approval

403. Negotiated service agreements

405. Transition process for permit fees

410. Emission fees

420. Billing procedures

430. Fee appeal procedures

499. Definition for user fee requirements

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of 

a Title V source described under 18 AAC 50.326 shall pay to the department the annual permit 

administration fees listed in this subsection. Permittees will be invoiced in July for each period 

from July 1 through the following June 30. Each annual permit fee is one-fifth of the total 

original permit cost or total cost of permit renewal. 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;
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(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 that is an oil-and-gas source or 

thermal soil remediation unit, the

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

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

(5) for renewal of a permit for a Title V source, with the potential to emit more 

than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or 

thermal soil remediation unit, the

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

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

(6) for an original permit for a small power plant with the potential to emit more 

than 100 and less than 250 tons per year of any one pollutant, the 

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

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

(7) for renewal of a permit for a small power 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 permit 

fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the 

Title V permit for that source, the department will refund any annual permit fees that had been 

paid for that renewal. Annual compliance review fees and annual permit fees for original permits 

are not refundable.
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(c) Before the department takes action on any permit application received, and unless the 

minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the 

permittee, owner, or operator of a stationary source 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 50.502(b):

(1) for an asphalt plant described in 18 AAAC 50.502(b)(1), a permit fee of 

$3,975;

(2) for a thermal soil remediation unit described in 18 AAC 50.502(b)(2), a 

permit fee of $5,300;

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

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

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

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

(d) Before the department takes action on any permit application received, and if the 

minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the 

permittee, owner, or operator of a stationary source described in 18 AAC 50.326 or 

18 AAC 50.502 not subject to (c) of this section who requests a minor permit must pay a 

nonrefundable one-time permit fee of $3,975. However, if fast-track procedures are not available 

under 18 AAC 50.542(b)(1), the permittee, owner, or operator must pay, for a stationary source 

other than one described 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 stationary source must pay a 

nonrefundable one-time permit fee as follows:

(1) for a minor permit establishing or revising a plantwide applicability limitation 

(PAL) without an ambient air quality analysis, a permit fee of $3,975;

(2) for a minor permit establishing or revising a plantwide applicability limitation 

(PAL) with an ambient air quality analysis, a permit fee of $7,950;

(3) repealed 7/25/2008.

(f) Repealed 7/25/2008.

(g) If the department prepares a general operating permit or a general minor permit, the 

department will determine the cost of that permit by multiplying the number of hours the 

department spent to develop the permit by the hourly rate of salary and benefits of the department 

employees who developed the permit. This cost will be divided by the number of permittees who 

receive or are expected to receive the permit to determine the permit administration fee.
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(h) The permittee, owner, or operator of a stationary source shall pay an annual 

compliance review fee of $530, to be paid for each period from July 1 through the following June 

30, for a stationary source that is not classified as needing a Title V permit and that is

(1) subject to a minor permit under 18 AAC 50.502; the compliance review fee 

must be paid in addition to the one-time permit fees in (c) - (e) of this section or a general minor 

permit fee in (g) of this section; or

(2) required to have a minor permit under 18 AAC 50.502(b), that is operating 

under an operating or general operating permit issued before October 1, 2004.

(i) Before the department takes action on any request or application received, the 

permittee, owner, or operator of a stationary source who requests a minor permit, review, action, 

or activity described in this subsection must pay a nonrefundable one-time permit fee as follows:

(1) to change a Title I permit by administrative amendment under AS 46.14.285, 

a permit fee of $110;

(2) to change a Title V permit by administrative amendment under 

18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 

18 AAC 50.542(e), a permit fee of $110, except as provided in (3) of this subsection;

(3) to change a Title V permit by administrative amendment to incorporate, in 

accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the 

requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $795;

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

(j) After the department completes a review, action, or activity described in this 

subsection, and sought by the permittee, owner, or operator of a stationary source described in 

18 AAC 50.326 or 18 AAC 50.502, the permittee, owner, or operator will be invoiced for and 

shall pay a 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.
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(k) The permittee, owner, or operator of a stationary source who requests an owner 

requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission 

limit under 18 AAC 50.230 must pay the following fees:

(1) for an ORL,

(A) a one-time administrative fee of $1,990, to be paid before the 

department takes action on any request received; and

(B) an annual compliance review fee of $110, unless the permittee, owner,

or operator is required to pay an annual compliance review fee under (a) or (h) of this 

section;

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

(A) a one-time administrative fee of $110, to be paid before the limit 

takes effect; and

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

(3) for a preapproved emission limit for a gasoline distribution facility considered 

under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A) a one-time administrative fee of $110, to be paid before the limit 

takes effect; and

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

(l) Except as provided in (m)(10) of this section, the fee for department approval of open 

burning under 18 AAC 50.065 is $200.

(m) Unless the designated regulatory service is subject to a fixed fee set out in (a) - (l) of 

this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 

18 AAC 50.405, the permittee, owner, or operator shall pay an hourly permit administration fee 

for a designated regulatory service. The department will calculate the total amount due under 

this subsection by multiplying the number of hours the department spent to provide the 

designated regulatory service by the hourly rate of salary and benefits of the department 

employees who provided the designated regulatory service, and by adding to the resulting amount 

any other direct costs. Designated regulatory services subject to this subsection include 

regulatory services for

(1) a minor permit under 18 AAC 50.502(c)(1), if a construction permit is not 

required under AS 46.14.130(a) for that stationary source;

(2) a minor permit under 18 AAC 50.502(c)(3);

(3) an adjudicatory hearing under 18 AAC 15.195 - 18 AAC 15.340, if requested 
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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 

carbon monoxide or PM-10 is likely;

(11) compliance and enforcement activities, including preparation of a notice of 

violation, compliance order by consent, settlement agreement, or consent decree; however, for 

purposes of this paragraph, compliance and enforcement activities do not include activities after 

the filing of a complaint in court;

(12) completion of a permitting action that was requested before January 29, 

2005, except as provided in 18 AAC 50.405;

(13) the reopening of permit terms or conditions at the request of the permittee, 

owner, or operator before issuance of a permit.

(n) In this section,

(1) "airport" has the meaning given in AS 02.25.100;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal-fired boiler;

(ii) the purpose of which is to generate electricity, and that 

contains a combustion turbine electric generator or natural gas-fired steam plant; 
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or

(iii) that has a potential to emit a total greater than or equal to 500 

tons per year of regulated air pollutants in the aggregate, and that contains 

emission units used to provide power to a mine or military base; and

(B) does not include a Title V source that operates under the department's 

general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source not described in (2)(A) of this 

subsection, the purpose of which is the exploration for, extraction of, processing of, 

transportation of, or storage of crude oil, natural gas, or other petroleum products, or related 

activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas 

(LNG) plant;

(4) "public place" has the meaning given in AS 46.06.150;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3) of this 

subsection

(i) the purpose of which is to generate electricity, and that 

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

(ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total less than 500 tons per year 

of regulated air pollutants in the aggregate, and that contains emission units used 

to provide power to a mine or military base; and

(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 administration fee 

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

owner, or operator of a stationary source may request a negotiated service agreement under 
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AS 37.10.052(b) for that designated regulatory service. If requesting a negotiated service 

agreement for one or more of the following designated regulatory services, the permittee, owner, 

or operator must submit a retainer payment of $5,300 per designated regulatory service before the 

department begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2)(B);

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3) a major modification of a major stationary source;

(4) a construction permit under 18 AAC 50.302 for a new stationary source or 

modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air 

Act sec. 112(i));

(5) a permit for the construction of a new stationary source or addition of an 

emission unit at a stationary source, if the stationary source is

(A) in a sulfur dioxide special protection area established under 

18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;

(6) a major modification of a major stationary source, for which a limit is 

requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);

(8) the renewal of a Title V permit for a Title V source for which fees are not 

established under 18 AAC 50.400(a);

(9) a notice of MACT approval under 18 AAC 50.321. (Eff. 1/29/2005, Register 

173; am 12/3/2005, Register 176)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.405. Transition process for permit fees. For a permit issued under this 

chapter, if the applicant has submitted an application before January 29, 2005 and the department 

has not yet worked on that permit application, at the request of the applicant, the department will 

process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499 in effect on January 

29, 2005. Any retainer submitted before January 29, 2005 will be applied to any fees effective 
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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 emissions are 10 tons per year or greater, except as 

limited under AS 46.14.250(e).

(b) Except as provided in (c), (f), and (g) of this section, emission fees will be assessed 

as follows:

(1) for July 1, 2006 through June 30, 2007, the emissions fee rate is $12.52 per 

ton, and an additional assessment for January 1, 2007 through June 30, 2007, as follows:

(A) for stationary sources required to obtain an operating permit under 

AS 46.14.130(b), an emission fee rate of $13.06 per ton; of that per ton amount, $8.04 

will be allocated to the clean air protection fund under AS 46.14.260, and $5.02 will be 

allocated to the emission control permit receipts account under AS 46.14.265; 

(B) for stationary sources not subject to (A) of this paragraph but 

otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $5.02

per ton, which will be allocated to the emissions control permit receipts account under 

AS 46.14.265;

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

(A) the emissions fee rate is $31.80 per ton for stationary sources required 

to obtain an operating permit under AS 46.14.130(b); of that per-ton amount, $26.28 will 

be allocated to the clean air protection fund under AS 46.14.260, and $5.52 will be 

allocated to the emission control permit receipts 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 receipts account under 

AS 46.14.265;

(3) for July 1, 2008 through June 30, 2009,

(A) the emission fee rate is $33.37 per ton for stationary source required 

to obtain an operating permit under AS 46.14.130(b); of that per ton amount, $27.24 will 

be allocated to the clean air protection fund under AS 46.14.260, and $6.13 will be 

allocated to the emission control permit receipts account under AS 46.14.265; and
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(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 $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 

stationary source’s 

(1) potential to emit; or

(2) projected annual rate of emissions, as that term is used in AS 46.14.250, if 

demonstrated by 

(A) an enforceable test method described in 18 AAC 50.220; 

(B) material balance calculations;

(C) emission factors from EPA’s Compilation of Air Pollutant Emission 

Factors, Volume I: Stationary Point and Area Sources, adopted by reference in 

18 AAC 50.035; or

(D) other methods and calculations approved by the department.

(d) For a stationary source that needs an operating permit only because that source 

contains an emission unit that is subject to a federal emission standard under 42 U.S.C. 7411 or 

7412, only emissions from the emission unit subject to that standard are subject to emission fees 

under (b)(1)(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 temporarily replaces or substitutes for permanently installed 

equipment at a stationary source. 

(f) For stationary sources required to obtain a minor permit in accordance with 

18 AAC 50.502(c) or 18 AAC 50.508(6) but not required to obtain an operating permit under 

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

following the state fiscal year in which the permit was issued. The emission fee is based on 

assessable emissions for the state fiscal year being assessed and is billed in July of that year. The 

entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The 

emission fee rate is

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

(2) $6.13 per ton for July 1, 2008 through June 30, 2009.

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for 

a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the 

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

(1) at the time of application or notification for operation that will occur in the 

same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under 

a single application or notification, after billing under 18 AAC 50.420 by the department for any 

subsequent state fiscal year; and

(3) at the following rates for a single portable oil and gas operation for which the

owner or operator submits a new application or notification for operation under the general minor 

permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes 

North latitude,

(i) $1,808 for July 1, 2006 through December 14, 2006; $725 for

December 14, 2006 through June 30, 2007; $797 for July 1, 2007 through June 

30, 2008; and $885 for July 1, 2008 through June 30, 2009, for operation at one or 

more ice pads during a winter drilling season;

(ii) $5,424 for July 1, 2006 through December 14, 2006; $2,175 

for December 14, 2006 through June 30, 2007; $2,391 for July 1, 2007 through 

June 30, 2008 and $2,656 for July 1, 2008 through June 30, 2009 for operation 

during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in (A) 

of this paragraph,

(i) $1,685 for July 1, 2006 through December 14, 2006; $676 for 

December 14, 2006 through June 30, 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 December 14, 2006 through June 30, 2007; $1,486 for July 1, 2007 through 

June 30, 2008; and $1,650 for July 1, 2008 through June 30, 2009, for drilling no 

fewer that six and no more than 10 wells under the same application or 

notification during a state fiscal year;

(iii) $5,055 for July 1, 2006 through December 14, 2006; $2,027 

for December 14, 2006 through June 30, 2007; $2,229 for July 1, 2007 through 

June 30, 2008; and $2,475 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, Register 
Register 187, October 2008 ENVIRONMENTAL CONSERVATION

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141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 12/3/2005, Register 176; am 12/14/2006, Register 180)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees 

assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with 

AS 46.14.250. The department will bill fixed permit administration fees under AS 46.14.240 

and 18 AAC 50.400(a) - (l)

(1) on or before the 15th of July; however, for the period from January 29, 2005 

through June 30, 2005, the permit administration fees will be billed on or after January 29, 2005

and prorated for that time period; or

(2) quarterly on or before January 15, April 15, July 15, and October 15 if 

requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the department will bill permit administration 

fees for designated 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 charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in 

equal quarterly installments if

(1) the fee exceeds $1,000; and

(2) a written request is submitted to the department with the first installment 

before the due date described in (c) of this section.

(e) If installment payments are requested under (d) of this section, the remaining three 

installments, including interest accrued as described in (c) of this section, must be paid on or 

before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emissions through a permit revision 

shall pay to the department an emission fee for the increase in assessable emissions; the fee is 

due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permit 
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revision may request a prorated refund or credit to the stationary source's fee account toward 

future fees.

(g) The owner, operator, or permittee who terminates operations or whose permit has 

lapsed or is terminated by the department may request a refund calculated by the department for 

fees collected in excess of the amount due for the stationary sources' actual emissions.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission 

fees or permit administration fees will be sent to the last known address of the stationary source 

that is subject to the fee. In an invoice, the department will include an itemized list of charges 

and credits for the billing period and a calculation of total credit balance or amount due on the 

account. For permit administration fees for designated regulatory services under 

18 AAC 50.400(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 under 18 AAC 15.190.

(b) Repealed 7/11/2002. 

(c) Repealed 7/11/2002. (Eff. 1/18/97, Register 141; am 7/11/2002, Register 163)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.240

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

18 AAC 50.499, unless the context requires otherwise,

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

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

(3) “hourly rate of salary and benefits” has the meaning given in AS 37.10.058. 

(Eff. 1/29/2005, Register 173)
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Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 As 46.14.240

As 37.10.058
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Article 5. Minor Permits.

Section 

502. Minor permits for air quality protection

508. Minor permits requested by the owner or operator

509. Construction of a pollution control project without a permit

540. Minor permit: application

542. Minor permit: review and issuance

544. Minor permits: content

546. Minor permits: Revisions

560. General minor permits

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is 

required as described in (b) - (f) of this section, except that a permit is not required under this 

section 

(1) before construction, modification, or relocation of a new major stationary 

source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; 

however, a minor permit is required under this section for an air pollutant if that air pollutant is 

not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a 

permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph 

for that air pollutant will be issued as part of the major permit; 

(2) before operation if the stationary source needs a Title V permit; however, the 

need for a Title V permit does not exempt a stationary source from the requirement for a minor 

permit for construction, modification, or relocation; 

(3) before relocation if the stationary source is already allowed by permit to 

operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a 

minor permit under this section before construction, operation, or relocation of a stationary 

source containing

(1) an asphalt plant with a rated capacity of at least five tons per hour of product;

(2) a thermal soil remediation unit with a rated capacity of at least five tons per 

hour of untreated material;

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

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or 

more per hour;

(5) a coal preparation plant; or
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(6) a Port of Anchorage stationary source.

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

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

emit greater than

(A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(C) 40 TPY of sulfur dioxide;

(D) 0.6 TPY of lead; or 

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

area; or

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

this chapter, beginning relocation

(A) on or after December 3, 2005 of a portable oil and gas operation, 

unless the owner or operator

(i) complies with an existing operating permit developed for the 

portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete 

Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of 

10 million Btu or more per hour in a sulfur dioxide special protection area 

established under 18 AAC 50.025(c); or

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

existing stationary source with a potential to emit an air pollutant greater than an amount listed in 

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

discretion of the owner or operator as either an increase in 

(A) potential to emit that is greater than 

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or
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(iv) 100 TPY of carbon monoxide for a stationary source within 

10 kilometers of a nonattainment area; or

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

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

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

10 kilometers of a nonattainment area.

(d) An owner or operator may satisfy the requirement for a minor permit under this 

section through a stationary source-specific permit issued under 18 AAC 50.540 –

18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may 

apply for a minor permit under this section that is valid at multiple locations. The owner or 

operator of a stationary source listed in (b) of this section 

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

(A) continue to operate under that permit, which remains in effect 

regardless of the stated expiration date in the permit, unless the department takes an

action under AS 46.14.280; or

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for and operate under a general operating permit that 

was issued before October 1, 2004 and that has not expired or been revoked by the department as 

of the date the department receives a complete application; the owner or operator may

(A) continue to operate under that permit, which remains in effect 

regardless of the stated expiration date in the permit, unless the department takes action 

under AS 46.14.280; or

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

(e) For the purposes of (c)(3) of this section, actual emissions shall be calculated by 

comparing projected actual emissions to the baseline actual emissions. In determining the 

projected actual emissions, before beginning actual construction, the owner or operator of the 

stationary source shall

(1) consider all relevant information, including historical operational data, the 

owner’s or operator’s own representations, the owner’s or operator’s expected business activity 

and the owner’s or operator’s highest projections of business activity, the owner’s or operator’s 
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filings with the state or federal regulatory authorities, and compliance plans under 

AS 46.14.120; and

(2) include fugitive emissions to the extent quantifiable and emissions associated 

with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissions that results from the 

particular project, that portion of the unit's emissions following the project that an existing unit 

could have accommodated during the consecutive 24-month period used to establish the baseline 

actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth.

(f) If the owner or operator elects to base permit applicability for a modification on a 

calculation of actual emissions, if the project does not need a minor permit based on that 

calculation, and if a reasonable possibility exists that the project may result in an emissions 

increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply 

with the following:

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

shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated 

NSR pollutant that could be affected by the project; and

(C) a description of the applicability test used to determine that the project 

is not a modification subject to (c)(3) of this section for any regulated NSR pollutant, 

including the baseline actual emissions, the projected actual emissions, the amount of 

emissions excluded under (e)(3) of this section, an explanation for why that amount was 

excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric utility steam generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the information 

listed in(1) of this subsection to the department; 

(3) the owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by any emission unit 

identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of five years following 

resumption of regular operations after the project, or for a period of 10 years following 

resumption of regular operations after the project if the project increases the design capacity of or 

potential to emit that regulated NSR pollutant at that emission unit;

(4) if the emission unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the department within 60 days after the end of each 

year during which records must be generated under (3) of this subsection setting out the unit's 

annual emissions during the calendar year that preceded submission of the report. 
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(5) if the emissions unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the department if the annual 

emissions, in tons per year, from the project identified in (1) of this subsection, exceed the 

baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an 

amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if 

those emissions differ from the reconstruction projection as documented and maintained under 

(1)(C) of this subsection; the report shall be submitted to the department within 60 days after the 

end of that year; the report must contain the following:

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

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

(C) any other information that the owner or operator wishes to include in 

the report.

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

that paragraph if a plantwide applicability limitation (PAL) is established for the stationary 

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

(h) For the purposes of this section 

(1) “baseline actual emissions” has the meaning given in 40 C.F.R. 52.21(b)(48), 

adopted by reference in 18 AAC 50.040, except that in that definition the term “major stationary 

source” is revised to read “stationary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 

51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) “net emissions increase” has the meaning given in 40 C.F.R. 52.21(b)(3) 

adopted by reference in 18 AAC 50.040, except that “net emissions increase” applies to 

(A) any increase in emissions of an air pollutant at a stationary source 

with existing emissions of that air pollutant greater than the amounts listed in (c)(1) of 

this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 

52.21(b)(3)(i)(a), “net emissions increase” is not restricted to a significant emissions 

increase or significant net emissions increase within the meaning of 40 C.F.R. 

52.21(b)(3), (23), and (40, or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit 

under (c)(3) of this section, rather than whether the modification is a major modification;

(4) “projected actual emissions” means the maximum annual rate, in tons per year, at 

which an existing emission unit is projected to emit a regulated NSR pollutant in any one of the 

five 12-month periods following the date the unit resumes regular operation after the project, or 
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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 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.508. Minor permits requested by the owner or operator. An owner or 

operator may request a minor permit from the department for 

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major 

stationary source; the provisions of 40 C.F.R. 52.21(aa), adopted by reference in 

18 AAC 50.040, apply to a PAL established or revised under this chapter;

(4) establishing actual emission reductions from an existing stationary source if 

requested by that source’s owner or operator to offset an increase in allowable nonattainment air 

pollutant emissions at a

(A) new major stationary source;

(B) major modification; or 

(C) PAL major modification;

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

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

owner requested limit on the source’s ability to 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 46.14.020 AS 46.14.140
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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 required by the applicable listed forms, unless 

the department specifies that the provision of one or more specific items makes the provision of 

additional items unnecessary for the department’s determination. Applications must be on 

department forms. 

(b) General information. Each application must include the information prescribed by 

the Stationary Source Identification Form, included in the department’s Minor Permit 

Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary 

source, a permit application under 18 AAC 50.502 must include 

(1) the information required in the following forms, included in the department’s 

Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form;

(B) the Emission Summary Form; and 

(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 with ambient air quality standards; unless the department 

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

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

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

(A) each air pollutant for which a permit is required under 

18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and gas 

operation;

(C) sulfur dioxide for a stationary source in an sulfur dioxide special 

protection area established under 18 AAC 50.025(c); or
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(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 monoxide 

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

the modification will not cause or contribute to a violation of the ambient air quality standard for 

carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stationary source, the application must 

include the information required in the department’s Air Quality Compliance Certification 

Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, adopted by 

reference in 18 AAC 50.030.

(f) Repealed 7/25/2008.

(g) Repealed 7/25/2008.

(h) Plantwide applicability limitation (PAL). An application for a minor permit 

establishing or revising a plantwide applicability limitation (PAL) must include the information 

listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As the department 

considers necessary to evaluate impacts on ambient air quality standards, the department will 

require the application to include a demonstration that emissions under the PAL will not cause or 

contribute to a violation of ambient air quality standards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish 

offsetting emissions must specify the physical or operational limitations necessary to provide 

actual emission reductions of the nonattainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representing that quantity of emission reduction.

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

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

materials required under 18 AAC 50.225(b)(2) – (6) and (8). 

(k) Revising or rescinding permit conditions. An application for a minor permit 

revising or rescinding terms or conditions of a Title I permit must include

(1) a copy of the Title I permit that established the permit term or condition;

(2) an explanation of why the permit term or condition should be revised or 

rescinded;
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(3) the effect of revising or revoking the permit term or condition on emissions, 

other permit terms, and compliance monitoring; and 

(4) for a condition that allows an owner or operator to avoid a permit 

classification, the information required of an applicant for that type of permit, unless the revised 

condition would also allow the owner or operator to avoid the classification. (Eff. 10/1/2004, 

Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 

187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

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

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

this section, or the procedures in (d) of this section to issue a stationary source-specific minor 

permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 

if the application qualifies under (b) and (c) of this section, unless

(1) the stationary 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 requests to be 

notified, and by other means the department finds necessary for informing the public; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department will send the 

notice by postal mail; in the notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day public comment period 
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under (d) of this section; if a comment period is requested, the department will make a 

preliminary decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or 

for an air pollutant for which the department requests an analysis for a stationary source 

classified under 18 AAC 50.502(b), the application must include a screening ambient air quality 

analysis in accordance with (c) of this section, unless the department has made a finding in 

writing that the stationary source or modification does not need an ambient air quality analysis to 

determine that construction and operation will not result in a violation of an ambient air quality 

standard;

(4) the fast-track procedures are available only if all predicted air pollutant 

concentrations meet the compliance criteria in (c)(2) of this section; 

(5) if the approval criteria of (f) of this section are met, the department will issue 

the permit within 30 days after receiving the application.

(c) Screening ambient air quality analysis. A screening ambient air quality analysis 

under (b)(3) of this section 

(1) must

(A) follow a modeling protocol developed by the department or otherwise 

approved by the department that is suitable for fast-track permitting; the department will 

approve the protocol for a screening level modeling demonstration if it finds that the 

department would be able to adequately review the resulting modeling demonstration in 

the time available for fast-track permitting;

(B) use a model and screening meteorological data approved by the 

department for the fast-track procedure;

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

air pollutant and averaging period if

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

concentration from the stationary source, excluding offsite or background contributions, 

does not exceed 2/3 of each ambient standard for PM-10, or 80 percent of each ambient 

standard for sulfur dioxide or nitrogen oxides;

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

increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d); or

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

ambient analysis that adequately characterizes the stationary source as it existed before 

the modification and, the sum of the highest ambient air concentration from the previous 

analysis plus the highest predicted ambient air concentration resulting from the increase is 
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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 with 

AS 46.14.160(c), the department will make a preliminary decision to approve or deny the 

application; the department will provide notice and opportunity for public comment on the 

department’s preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit 

comments;

(B) the department will give notice 

(i) using the Alaska Online Public Notice System established 

under AS 44.62.175;

(ii) by mail or electronic mail to persons on a list maintained by 

the department, including any person who requests to be notified; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department 

will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing 

the public; 

(C) the department will make available for public inspection in at least 

one location in the affected area

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department’s preliminary approval or 

denial; and 

(iv) if the department proposes to approve the application, a copy 

of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit 

issued under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an 

opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by 

reference in 18 AAC 50.040; and 

(E) the department will make a preliminary decision to approve the 

application only if the application includes all information required by 18 AAC 50.540, 
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and the department finds that the approval criteria of (f) of this section will be met; the 

department will include in a preliminary permit any conditions necessary to assure 

compliance with this chapter;

(2) the department will notify the applicant, and any person who commented on 

the department’s preliminary decision, of the department’s final decision to approve or deny the 

permit application; a person described in AS 46.14.200 may request an informal or adjudicatory 

hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; in a notification of denial of an 

application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V permit by administrative amendment. An 

owner or operator may add the conditions of a minor permit to a Title V permit by administrative 

amendment if

(1) the minor permit is issued using procedures that satisfy the requirements of 

both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both 

18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department will

(1) deny a minor permit application for a stationary source or modification 

classified under 18 AAC 50.502 if the department finds that construction and operation will 

result in a violation of

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon monoxide emissions near a 

nonattainment area if the department finds that construction and operation of the stationary 

source will cause an ambient concentration that exceeds a carbon monoxide concentration in 

Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality 

standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage stationary source if the 

department finds that construction and operation of that source will result in a violation of a 

requirement of 18 AAC 50.045 – 18 AAC 50.090; 

(4) repealed 7/25/2008;

(5) repealed 7/25/2008;

(6) approve a minor permit for establishing or revising a PAL, if the department 

finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by 
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reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that 

emissions under the PAL will not cause or contribute to a violation of an ambient air quality 

standard;

(7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to 

establish offsetting emissions, if the department finds that permanent, actual emission reductions 

of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 

18 AAC 50.508(5), if the department finds that 

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous 

compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I 

permit term or condition, if the department finds that the permit will still require the owner or 

operator to comply with all applicable requirements of this chapter.

(g) Duration. A minor permit issued under this section remains in effect until changed 

by another Title I permit or by an action by the department under AS 46.14.280, except

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

plantwide applicability limitation; and 

(2) that an owner requested limit that avoids only a Title V permit remains in 

effect until the owner or operator requests in writing to revise or revoke the limit and, if the new 

limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, 

Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 

18 AAC 50.542, the department will 

(1) identify the stationary source, the project, the permittee, and contact 

information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 –

18 AAC 50.499; 

(3) include any conditions established under 18 AAC 50.201; and
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(4) include the requirements of an owner requested limit under 18 AAC 50.225 

that applies to the stationary source.

(b) In each minor permit under 18 AAC 50.502(b), the department will include 

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

source or modification will meet the requirements of AS 46.14 and this chapter, including terms 

and conditions under AS 46.14.180 for

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

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples;

(D) keeping records; and

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

(2) a permit condition requiring the owner or operator to

(A) perform regular maintenance considering the manufacturer’s or the 

operator’s maintenance procedures;

(B) keep records of any maintenance that would have a significant effect 

on emissions; the records may be kept in an electronic format; and

(C) keep a copy of either the manufacturer’s or the operator’s 

maintenance procedures.

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

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

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

standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, 

including terms and conditions under AS 46.14.180 for

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

(B) sampling emissions according to the methods prescribed by the 

department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples;
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(D) keeping records; and

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

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

18 AAC 50.050 – 18 AAC 50.090; and

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

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

either the manufacturer’s or the operator’s maintenance procedures.

(d) For each stationary source that is not subject to Title V permitting under 

18 AAC 50.326, the department will include in the minor permit the requirement for a periodic 

affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still 

accurately described by the application and minor permit, and whether the owner or operator has 

made changes that would trigger the requirement for a new permit under this chapter. In the 

minor permit, the department will set out a time period between required affirmations as 

appropriate to the stationary source regulated by the minor permit.

(e) Repealed 7/25/2008.

(f) In a minor permit that establishes or revises a plantwide applicability limitation 

(PAL), the department will include

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 

18 AAC 50.040; and

(2) conditions as the department considers necessary to prevent emissions under 

the PAL from causing or contributing to a violation of an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the 

department will include terms and conditions to ensure that the stationary source will meet the 

criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for

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

(B) sampling emissions according to the methods prescribed by the 

department and at locations, intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and 

information from analyses of any test samples;

(D) keeping records; and

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

(h) In each minor permit establishing an owner requested limit (ORL) under 
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18 AAC 50.508(5), the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and 

reporting requirements;

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

(3) describe each permit classification under AS 46.14.130 that the ORL allows 

the owner or operator to avoid, or each maximum allowable increase under 18 AAC 50.020 or 

ambient air quality standards that will be protected.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or 

conditions of a Title I permit, the department will include terms and conditions as necessary to 

ensure that the permittee will construct and operate the proposed stationary source or 

modification in accordance with this chapter. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction 

review under this chapter, the limit remains in effect until the owner or operator obtains

(A) a new construction permit or minor permit under this chapter as if the 

limit had never existed; or

(B) under this section or under 18 AAC 50.508, a new limit that allows 

the owner or operator to continue to avoid preconstruction review; or

(2) made it possible to avoid a Title V permit, the limit remains in effect until the 

owner or operator obtains

(A) a new Title V permit under this chapter as if the limit had never 

existed; or

(B) under this section or under a permit classified in 18 AAC 50.508, a 

new limit that allows the owner or operator to continue to avoid the need for the permit. 

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

am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.250

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

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

the permittee or on the department’s own initiative, in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the department may revise non-substantive 

elements of a minor permit without further administrative procedures. (Eff. 10/1/2004, Register 
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171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.560. General minor permits. (a) Criteria. The department may issue a 

general minor permit to allow construction or operation of stationary sources or emission units 

that

(1) require a minor permit;

(2) involve the same or similar types of operation;

(3) involve the same type of emissions; and

(4) are subject to similar air quality control requirements. 

(b) General minor permit issuance procedures. To issue a general minor permit, the 

department will provide notice and opportunity for public comment on the department’s 

proposed permit by

(1) posting a public notice on the Alaska Online Public Notice System 

established under AS 44.62.175;

(2) sending a copy of the notice by mail or electronic mail to persons on a list 

maintained by the department, including any person who has requested to be notified; if a person 

requests to be sent notice by postal mail instead of electronic mail, the department will send the 

notice by postal mail; 

(3) distributing the notice using other means the department finds necessary for 

informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

(A) a description of the stationary sources that would qualify under the 

general minor permit; 

(B) the results of any department analysis on the effect on air quality;

(C) the reasons for the department’s proposed action; 

(D) a copy of the proposed permit and of the proposed application or 

notification form;
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(E) a description of how interested persons may comment on the proposed

general minor permit, including the period during which the department will accept 

public comments; and

(F) the time and place of any public hearing; the department will schedule 

any public hearing no sooner than 30 days after the date the first notice was published. 

(c) Application or notification forms. The department will issue an application or 

notification form with each general minor permit. This may include an online or electronic form. 

The forms will identify the information that an applicant must provide to operate under the 

general minor permit, including 

(1) information identifying the stationary source and location of the stationary 

source, and contact information; as necessary to show that the stationary source meets the 

qualifying criteria or a term or condition of the general minor permit, the department will require 

that location information required under this subsection or under (d) – (g) of this section include 

a map and scale drawing;

(2) any information that is necessary to determine that the stationary source 

qualifies for the general minor permit; 

(3) identification of all equipment to be operated under the general minor permit; 

and

(4) a certification by the applicant that the stationary source is capable of 

complying with all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or 

operate under a general minor permit, the owner or operator must submit the appropriate 

completed application or notification form for the specific stationary source type. In a general 

minor permit, the department will specify whether the applicant must submit a complete 

notification form and operate in compliance with the general minor permit, or whether the 

applicant must also obtain department approval under (e) of this section to operate under the 

general minor permit. If the general minor permit requires that the applicant get approval, the 

department will notify the owner or operator within 30 days after receipt of the application that 

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general minor permit. Approval to 

construct or operate under the general minor permit is granted when the department finds the 

application complete. If the general minor permit does not require department approval, and if 

the stationary source meets all of the qualifying criteria and operates in compliance with the 

general minor permit, the owner or operator may construct or operate under the permit 

immediately after the department receives a completed notification form. The general minor 
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permit authorizes construction or operation only for 

(1) equipment identified in the application or notification; and

(2) a location identified under (c), (f), or (g) of this section.

(f) General minor permit content. In a general permit the department will set out 

(1) criteria that must be met in order for a stationary source to qualify under the 

general minor permit;

(2) a requirement to notify the department of the physical location of the 

stationary source before commencing construction or operation under the general minor permit,

if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544; 

(4) for portable stationary sources, a notification form and procedures for a 

change in location; and

(5) any other terms and conditions that are necessary to assure that the stationary 

source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general 

minor permit at additional locations not identified in the permit application or notification if the 

(1) permittee notifies the department by submitting a completed change of 

location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit’s qualifying criteria at 

each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180

AS 46.14.010 AS 46.14.140 AS 46.14.211

AS 46.14.020 AS 46.14.150 AS 46.14.250

AS 46.14.120 AS 46.14.170
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Article 6. (Reserved)
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Article 7. Conformity.

Section

700. Purpose of 18 AAC 50.700 – 18 AAC 50.735

705. Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of responsible agency

710. Transportation conformity: incorporation by reference of federal regulations

715. Transportation conformity: interagency consultation procedures

720. Transportation conformity: public involvement

725. General conformity: incorporation by reference of federal regulations

730. General conformity: mitigation of air quality impacts

735. General conformity: frequency of conformity determinations

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 50.735. The purpose of 

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, program project, or 

federal action within a nonattainment or maintenance area, will not hinder attainment of the 

national ambient air quality standards in that area if 

(1) the plan, program, project, or action is federally-funded or federally-approved; 

or 

(2) the project is nonfederally funded but is a regionally significant project that is 

funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. or 

49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations of 

responsible agency. (a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to 

(1) a transportation plan, program, or project within a nonattainment or 

maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 –

5338; or

(2) a project that is nonfederally funded, but that is a regionally significant project 

funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C. 

or 49 U.S.C. 53 (the Federal Transit Act)

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all federally-funded 

or approved actions within a nonattainment or maintenance area not described in (a) of this 

section.

(c) It is the obligation of the responsible agency to meet the applicable requirements of 

18 AAC 50.700 - 18 AAC 50.735. For purposes of 
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(1) transportation conformity under 18 AAC 50.710 – 18 AAC 50.720, 

“responsible agency” means the agency that 

(A) receives or manages the federal money for the transportation plan, 

program, or project referred to in (a) of this section; 

(B) develops the transportation plan, program, or project referred to in 

(a) of this section; or

(C) funds, adopts, or approves a nonfederal, regionally significant project 

and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53; 

(2) general conformity under 18 AAC 50.725 – 18 AAC 50.735, “responsible 

agency” means the federal agency that is responsible for the funding or for approval of the action 

referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: incorporation by reference of federal 

regulations. An agency subject to 40 C.F.R. 93 shall comply with the following federal regulations, as amended through August 15, 1997, adopted by reference:

(1) 40 C.F.R. 93.100 (Purpose);

(2) 40 C.F.R. 93.101 (Definitions);

(3) 40 C.F.R. 93.102 (Applicability);

(4) 40 C.F.R. 93.103 (Priority);

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations);

(6) 40 C.F.R. 93.106 (Content of transportation plans);

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity 

with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of 

transportation plans, programs, and projects: General);

(10) 40 C.F.R. 93.110 (Criteria and procedures: Latest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and procedures: Latest emission model);
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(12) 40 C.F.R. 93.112 (Criteria and procedures: Consultation);

(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of 

TCMs);

(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and procedures: Projects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO 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 (Requirements for adoption or approval of projects by 

other recipients of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act));

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportation-related 

emissions);

(23) 40 C.F.R. 93.123 (Procedures for determining localized CO and PM-10 

concentrations (hot-spot analysis));

(24) 40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the applicable implementation plan (or implementation plan submission)); 

(25) 40 C.F.R. 93.125 (Enforceability of design concept and scope and projectlevel mitigation and control measures);

(26) 40 C.F.R. 93.126 (Exempt projects); 

(27) 40 C.F.R. 93.127 (Projects exempt from regional emissions analyses); and

(28) 40 C.F.R. 93.128 (Traffic signal synchronization projects). (Eff. 1/4/95, 

Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030
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Editor's note: The regulations of the Federal Highway Administration and the Federal Transit 

Authority concerning fiscal constraint referred to by paragraph (8) may be found at 23 C.F.R. 

450.216(a)(5), 23 C.F.R. 450.322(b)(11), and 23 C.F.R. 450.324(e).

18 AAC 50.715. Transportation conformity: interagency consultation procedures. 

(a) Before issuing a final conformity determination under 18 AAC 50.700 - 18 AAC 50.720, the 

responsible agency described in 18 AAC 50.705(c)(1), shall 

(1) contact the office of the local governing body to determine if that office is 

aware of any plans for construction of a regionally significant project that is not funded under 

23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for which alternative 

locations, design concept and scope, or the no-build option are still being considered;

(2) prepare a preliminary interagency discussion draft, a public review draft, and 

a final draft of the conformity determination through the interagency consultation process 

described in (b) - (g) of this section with staff of

(A) the department;

(B) the local air quality planning agency;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency;

(E) any agency created under state law that sponsors or approves 

transportation projects;

(F) the United States Environmental Protection Agency;

(G) the Federal Highway Administration; 

(H) the Federal Transit Administration; and

(3) 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 determination, including necessary 

supporting information;

(2) ensure that all documents and information relevant to the preliminary 

interagency discussion draft are available to staff from the participating agencies; and
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(3) consider the comments of staff from participating agencies and respond in 

writing to those comments in a timely, substantive manner before making a final decision on the 

preliminary interagency discussion draft; written agency comments and written responses must 

be included in the record of any conformity decision or action.

(c) In preparing the preliminary interagency discussion draft, a staff member of the 

responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traffic demand and regional emissions model, and 

associated methods and assumptions to be used in a hot-spot analysis or a regional emissions 

analysis;

(2) determine which minor arterials and other projects should be considered 

regionally significant for purposes of a regional emissions analysis, in addition to those 

regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 

18 AAC 50.710; 

(3) discuss whether a project that is otherwise exempt from the requirements of 

18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by 

reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions

impacts or other adverse emissions impacts might exist for any reason; 

(4) determine, as required by 40 C.F.R. 93.113(c)(1), adopted by reference in 

18 AAC 50.710, whether past obstacles to implementation of a transportation control measure 

(TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710, that is behind the 

schedule established in the state implementation plan have been identified and are being 

overcome, and whether state and local agencies with influence over approvals or funding for 

TCMs are giving maximum priority to approval or funding for TCMs; the interagency 

consultation process must also consider whether delays in TCM implementation necessitate a 

revision to the state implementation plan to remove or to substitute a TCM or other emission 

reduction measures;

(5) determine, as required by 40 C.F.R. 93.121, adopted by reference in 

18 AAC 50.710, 

(A) that a regionally significant project 

(i) is included in a regional emissions analysis supporting the 

currently conforming TIP's conformity determination, even if the project is not 

included in the TIP for the purposes of project selection or endorsement; and 

(ii) design concept and scope have not changed significantly from 

those included in the transportation plan, TIP, or regional emissions analysis; or 

(B) that, based on the requirements for a project that is not from a 

conforming transportation plan and TIP, as specified in 40 C.F.R. 93.118 and 40 C.F.R. 

93.119, adopted by reference in 18 AAC 50.710, 

(i) there is a currently conforming transportation plan and TIP, and 
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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 nonattainment 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 quality violations verified by monitoring, and 

that, therefore, require a quantitative PM-10 hot-spot analysis; and

(7) notify staff of participating agencies of any revision or amendment to a 

transportation plan or TIP that merely adds or deletes an exempt project listed in 40 C.F.R. 

93.126, adopted by reference in 18 AAC 50.710.

(d) In addition to the consultation described in (c) of this section, a staff member of the 

responsible agency shall consult with staff of the state and local agencies listed in (a)(2) of this 

section to

(1) evaluate events that will trigger new conformity determinations in addition to 

those triggering events established in 40 C.F.R. 93.104, adopted by reference in 

18 AAC 50.710;

(2) consider an emissions analysis for transportation activities that extend beyond 

the boundaries of a local governing body, nonattainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection 

efforts and regional transportation model development by the local governing body, such as 

household or travel transportation surveys.

(e) If the metropolitan planning area does not include the entire nonattainment or 

maintenance area, the interagency consultation must include staff of the local governing body and

the Alaska Department of Transportation and Public Facilities to determine conformity of all 

projects outside the metropolitan planning area and within the nonattainment or maintenance 

area.

(f) After completing the interagency consultation process, the responsible agency shall 

prepare the public review draft of the conformity determination, based on changes made to the 

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

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

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

conformity determination, the responsible agency shall 

(1) prepare a final draft of the conformity determination in consultation with staff 

of the participating agencies; and
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(2) after the consultation described in (1) of this subsection, issue the final 

conformity determination to the agencies listed in (a)(2) of this section and provide the 

supporting information upon request. 

(h) The department will refer to the governor for resolution any conflict between state 

agencies or between state and local agencies that cannot be resolved by the heads of the involved 

agencies. The department will make the referral to the governor within 14 calendar days after 

notification or a determination that the conflict cannot be resolved. A conformity determination 

that is the subject of a conflict resolution under this subsection must have the governor's 

concurrence to be considered final. The department will provide the participating agencies with 

a copy of its referral to the governor. The governor may delegate the role of resolving a conflict 

under this subsection and deciding whether to concur in the conformity determination to a state 

official or agency other than the department, the Alaska Department of Transportation and Public 

Facilities, or a state transportation board or commission. (Eff. 1/4/95, Register 133; am 9/4/98, 

Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public involvement. (a) The 

responsible agency referred to in 18 AAC 50.705(c) shall establish a public involvement process 

to provide opportunity for public review and comment on the public review draft of the 

conformity determination before the agency issues a final conformity determination. The public 

involvement process must be consistent with the requirements 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 proposed conformity finding for a transportation plan or 

TIP, regardless of whether the regionally significant project is receiving federal funding or 

approval. 

(c) Opportunity for public involvement under this section must include access to 

information, emissions data, analyses, models, and modeling assumptions used to perform a 

conformity determination. 

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to 

a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy 

Act), compliance with the public involvement process under that law constitutes compliance with 
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(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, shall 

comply with the following federal regulations, as amended through December 1, 1994, which are 

incorporated by reference in this chapter:

(1) 40 C.F.R. 51.850 (Prohibition);

(2) 40 C.F.R. 51.852 (Definitions);

(3) 40 C.F.R. 51.853(b) - (j) (Applicability);

(4) 40 C.F.R. 51.854 (Conformity analysis);

(5) 40 C.F.R. 51.855 (Reporting requirements);

(6) 40 C.F.R. 51.856 (Public participation);

(7) 40 C.F.R. 51.858 (Criteria for determining conformity of general federal 

actions); and

(8) 40 C.F.R. 51.859 (Procedures for conformity determinations of general 

federal actions). (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.730. General conformity: mitigation of air quality impacts. (a) The 

federal agency referred to in 18 AAC 50.725 shall identify in writing

(1) any measure intended to mitigate or offset the air quality impact of the federal 

action;

(2) the estimated emission reduction available from an identified mitigation 

measure; and

(3) the process for implementing a mitigation measure including, as applicable,

(A) a description of the funding source for the mitigation measure;

(B) an implementation schedule with due dates for implementing the 

mitigation measure; and
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(C) the process for tracking emission reductions from a mitigation 

measure.

(b) If a mitigation measure involves a separate person or agency, the federal agency 

making the conformity determination shall, before determining that the proposed federal action is 

in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure 

in a manner consistent with (a) of this section and describe the nature of the commitment. A 

person or agency committing to a mitigation measure under this subsection shall comply with the 

written obligations stated in the commitment.

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the 

license, permit, or authorization to fully implement the mitigation measure as a condition for 

continued approval of the license, permit, or authorization.

(d) A federal agency may modify a mitigation measure if that agency 

(1) concludes that the proposed modification supports the conformity 

determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, 

adopted by reference in 18 AAC 50.725;

(2) issues a public notice of the proposed modification, using the public 

participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725; 

and

(3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by 

reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.735. General conformity: frequency of conformity determinations. (a) 

The conformity status of a federal action lapses five years after the date that a final conformity 

determination is reported to the department unless 

(1) the federal action is completed before five years has elapsed; or

(2) the federal agency has commenced a continuous program to implement the 

action within a reasonable time.

(b) An ongoing federal action showing continuous progress is not considered a new 

action and does not require a periodic redetermination required by this section if the emissions 

associated with the activity are within the scope of the final conformity determination reported in 

accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c) If, after the final conformity determination is made, the federal action is changed so 

that there is an increase in the total of direct or indirect emissions above the levels set in 
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40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a 

new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 

18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030 
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Article 8. (Reserved)
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Article 9. General Provisions.

Section

900. Small business assistance program

910. (Repealed)

990. Definitions

18 AAC 50.900. Small business assistance program. (a) The purpose of the small 

business assistance program established under AS 46.14.300 is to help small businesses in the 

state comply with state and federal air quality laws. The department’s The Alaska Small Business

Assistance Program, adopted by reference in 18 AAC 50.030, describes the small business 

assistance program. 

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small 

business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of 

the small business assistance program. 

(c) The owner or operator of an eligible small business facility may request a change to a 

requirement under this chapter that 

(1) is a work practice or technological method of compliance; or 

(2) sets a schedule of milestones preceding a date for implementing a work 

practice or technological method of compliance. 

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter,

the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed change and how the 

change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is 

not expressly required by this chapter, the request may be submitted as an application for a minor 

or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 

18 AAC 50.040, and subject to 18 AAC 50.326. 

(e) The department will schedule a proposed amendment to this chapter submitted under 

(d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not 

cause a violation of 
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(1) the Clean Air Act;

(2) a federally-enforceable requirement; or

(3) state law. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300

Editor's note: More information on the services provided by the small business 

assistance program referred to in this section, including details on determining eligibility, may be 

obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, 

Alaska 99801-1795, (907) 465-5100. A copy of the program description as it appears in the state 

air quality control plan, adopted by reference in 18 AAC 50.030, is available from the 

department's central and regional offices. A copy of the state air quality control plan may be 

viewed at any department office or at the Office of the Lieutenant Governor.

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, 

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

18 AAC 50.990. Definitions. In this chapter 

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted 

by reference in 18 AAC 50.040;

(2) “administrator” means the administrator of the United States Environmental 

Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 50.326;

(3) "air pollutant" has the meaning given in AS 46.14.990;

(4) "air curtain incinerator" means a device in which large amounts of 

combustible materials are burned in a rectangular containment equipped with an overfire air 

system;

(5) "air pollution" has the meaning given in AS 46.03.900;

(6) "air pollution control equipment" means equipment or a portion of equipment 

designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement" means any obligation created by AS 46.14, 

this chapter, or a term or condition of a preconstruction permit issued by the department before 

January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except 

that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 

40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,
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(A) “allowable emissions” means the emissions rate of an emission unit 

calculated considering any emission limitation that is enforceable as a practical matter on 

the emission unit’s potential to emit; and

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the 

words “or enforceable as a practical matter” are added after “federally enforceable”, as 

provided in 40 C.F.R. 51.166(w)(2)(ii)(b);

(9) "ambient air" has the meaning given in AS 46.14.990;

(10) "ambient air quality standards" has the meaning given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete 

by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any 

combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, 

systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and 

storing asphalt concrete, and emission control systems within the stationary source;

(13) "assessable emission" has the meaning given in AS 46.14.250(h)(1);

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11),

adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the 

incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installation” has the meaning given in 

AS 46.14.990; 

(18) “casting off” means the first release of a line securing a vessel to shore as 

part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated 

in 18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through 

November 15, 1990;

(21) repealed 7/25/2008;

(22) "coal preparation plant" means a stationary source that prepares coal by 

breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more 

than 200 tons per day of coal; “coal preparation plant” includes any combination of thermal 
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dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers 

and crushers, coal storage systems, and coal transfer systems within the stationary source;

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

(24) "conservation vent" means a vent containing a pressure-vacuum valve 

designed to minimize emissions of vapors from a storage tank due to changes in temperature and 

pressure;

(25) "construct" or "construction" has the meaning given to “construction” in 

AS 46.14.990;

(26) "construction permit" has the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail 

tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify 

metering devices;

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

(29) "emission" has the meaning given in AS 46.14.990;

(30) "emission limitation" has the meaning given in AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) “emission unit” has the meaning given in AS 46.14.990; 

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any 

applicable emission standard or limitation;

(35) "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;
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(38) "fire service" means a 

(A) fire department registered with the state fire marshal under 

13 AAC 52.030; and 

(B) wildland fire suppression organization within the Department of 

Natural Resources, United States Forest Service, or United States Bureau of Land 

Management/Alaska Fire Service;

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

“fuel-burning equipment” includes flares; “fuel-burning equipment” does not include mobile 

internal combustion engines, incinerators, marine vessels, wood-fired heating devices, or 

backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stationary source that stores fuel 

including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

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

40 C.F.R. 51.100(ii), as revised as of July 1, 2007 and adopted by reference; or

(B) for all other stack heights, means the actual physical height of the 

stack;

(43) “grate cleaning” means removing ash from fireboxes; 

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990;

(45) “hazardous air pollutant major source” has the meaning given for the term 

“major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in 

visibility from that which would have existed under natural conditions; in this paragraph, 

“change in visibility” includes light extinction, atmospheric discoloration, and any other change 

in visual range, contrast, or coloration; 

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

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

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

(49) "industrial process" means the extraction of raw material or the physical or 
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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 “major modification” under 40 C.F.R. 51.166(b)(2);

(B) for the purposes of 18 AAC 50.311, a change that meets the definition 

of “major modification” under 40 C.F.R. 51.165(a)(1)(v);

(54) “make fast to the shore” means to secure the last line necessary to secure a 

vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control technology” or “MACT” means a maximum 

achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by 

reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure 

exerted by a stored liquid at the local maximum monthly average temperature reported by the 

National Weather Service;

(58) “minor permit” means a permit issued under 18 AAC 50.502 –

18 AAC 50.560;

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

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

(60) “Nikiski Industrial Area” means the area of the Kenai Peninsula within 
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Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means the air pollutant for which a particular 

area has been designated by the federal administrator as nonattainment in 40 C.F.R. 81.302;

(62) “nonattainment area” means, for a particular air pollutant, an area designated 

as nonattainment for that air pollutant;

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

September 18, 2007, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable 

emergency or malfunction;

(65) "open burning" means the burning of a material that results in the products 

of combustion being emitted directly into the ambient air without passing through a stack, flare, 

vent, or other opening of an emission unit from which an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14.990;

(67) "organic vapors" means any organic compound or mixture of compounds 

evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols 

formed from volatile liquid;

(68) “ORL” means owner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL major modification” has the meaning given in 40 C.F.R. 

52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been 

airborne and exists as a liquid or solid at standard conditions;

(72) "permit" includes all of the elements described in the definitions of 

"construction permit" and "operating permit" in AS 46.14.990, and the same elements as they 

occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.990;

(74) "petroleum refinery" means a stationary source engaged in the distillation of 

petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) “plantwide applicability limitation” or “PAL” means an emission limitation 

expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as 

a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted 

by reference in 18 AAC 50.040;
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(76) "PM-10" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 10 micrometers;

(77) repealed 7/25/2008;

(78) “Port of Anchorage stationary source” means a stationary source located in 

the Port of Anchorage that contains one or more emission units subject to a standard in 

18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning given to the term "potential to emit" 

in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) "ppm" means parts per million;

(82) "practical means available" means, when approving the open burning of 

liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods 

will have been analyzed and, where an environmentally acceptable procedure exists, that 

procedure will be required;

(83) “project” means a physical change or change in the method of operation of 

an existing stationary source;

(84) “PSD” means prevention of significant deterioration;

(85) “PSD permit” means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with 

sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment 

based on the fuel or raw material, or combination of fuels or raw materials, that is actually used 

and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” 

in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, except that for purposes of 18 AAC 

50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301, adopted by reference in 

18 AAC 50.260(a);

(89) "reduction in visibility" means the obscuring of an observer's vision;

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101 

adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;
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(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 the corporation, or a dulyauthorized representative of that person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for or 

subject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million in second quarter 1980 

dollars; or

(ii) the delegation of authority to the representative is approved in 

advance by the department;

(B) for a partnership or sole proprietorship, a general partner or the 

proprietor, respectively; and

(C) for a public agency, a principal executive officer or ranking elected 

official; for the purposes of this chapter, a principal executive officer of a federal agency 

includes the chief executive officer with responsibility for the overall operations of a 

principal geographic unit in this state; 

(94) “reviewing authority” means the department; 

(95) “rig day” means each calendar day that a single drill rig is drilling or testing 

an oil or gas well in normal operation or standby service; “rig day” does not include a day when 

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities planned in advance designed to 

keep equipment in good working order;

(97) "shutdown" means performing all activities necessary to cease operation of a 

source;

(98) "small business facility" has the meaning given in AS 46.14.990;

(99) "smolder" means to burn and smoke without flame;

(100) “soot-blowing” means using steam or compressed air to remove carbon 
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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 68o 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 which the stringency of the standard is 

based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means construction that is completed in 

24 months or less from the date construction begins; “temporary construction activity” includes 

any period of inactivity during that 24-month period;

(108) “thermal soil remediation unit” means a stationary source that causes 

petroleum contamination to be desorbed from soils by heating the soil in a kiln;

(109) “Title I permit” means a 

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 

18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;
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(B) construction permit issued before October 1, 2004; or

(C) permit to operate issued before January 18, 1997; 

(110) “Title V permit” means a permit required by AS 46.14.130(b);

(111) “Title V source” means a stationary source classified as needing a permit 

under AS 46.14.130(b);

(112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as 

measured by a method specified in the department’s Air Quality Assurance Manual for Ambient 

Air Quality Monitoring, adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that 

does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a 

normal and usual manner.

(116) "vapor collection system" means all equipment, ducts, piping, valves, and 

fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into 

the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with 

volatile liquid or that was loaded with volatile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that 

exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, 

meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary storage vessel that 

contains a volatile liquid;

(121) “volatile organic compound” or “VOC” has the meaning given in 

40 C.F.R. 51.100(s), as revised as of July 1, 2004 and adopted by reference;

(122) “weighing anchor” means to begin heaving in the anchor with intent to 

retrieve it and get underway, regardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device" means a device designed for wood combustion 

so that usable heat is derived for the interior of a building; “wood-fired heating device” includes 

wood-fired stoves, fireplaces, wood-fired cooking stoves, and combination fuel furnaces or 

boilers that burn wood; “wood-fired heating device” does not include a device that is primarily a 
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144

part of an industrial process and incidentally provides usable heat for the interior of a building. 

(124) “portable oil and gas operation” means an operation that moves from site to 

site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated with 

drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, 

or equipment associated with camps; “portable oil and gas operation” does not include well 

servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of 

a flare;

(125) “well servicing activities” means the use of portable equipment for 

servicing existing oil and gas wells that only stays on site for short and varying periods of time; 

“well servicing activities” includes the use of 

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) well hot oil units;

(E) well wireline units. 

(126) “PAL pollutant” means the pollutant for which a plantwide applicability 

limitation (PAL) is established at a major stationary source;

(127) “regional administrator” means the administrator of Region X of EPA.

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

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

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

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

7/25/2008, Register 187)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993
DEC 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 Air 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); 

no EPA Action Required

18 AAC 50.035 X Documents adopted 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 

burning 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 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.065 X Open Burning 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.070 X Marine Vessel Visible 

Emissions

6/21/1998 1/19/99 1/18/97 NO No changes made

18 AAC 50.075 X Wood fired heating devices 1/18/1997 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 2/5/07 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 Enforceable 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 subsection
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 50.230 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 10/1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.250 X Revising air quality 

classification

10/1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.260 X Guidelines for BART 12/30/2007 N/A N/A NO New section; no action 

required

18 AAC 50.300 X Repealed 10/1/2004 2/5/07 5/3/02 YES No changes made

18 AAC 50.301 X Permit continuity 10/1/2004 2/5/07 N/A YES No changes made

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 changes made

18 AAC 50.311 X Nonattainment & Major 

Source

10/1/2004 2/5/07 N/A YES No changes made

18 AAC 50.315 X Repealed 10/1/2004 N/A N/A No changes made

18 AAC 50.316 X HAPS Major Construction 12/1/2004 N/A YES No EPA action required

18 AAC 50.320 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.321 X Case by Case MACT 12/1/2004 N/A N/A No action required

18 AAC 50.322 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.326 X TV Program & Technical 12/1/2004 N/A N/A No action required
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 50.330 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.335 X Repealed 10/1/2004 N/A N/A No action required

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

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 Added 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 YES Approval required for 18 

AAC 50.346(a) only

(disapproved on 2/5/07); 

346(b) was amended to 

update adoption by 

reference dates of revised 

standard conditions and 

adopt a new standard 

condition; Table 7 was 

updated to reflect changes

18 AAC 50.350 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.355 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.360 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.365 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.370 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.375 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.380 X Repealed 10/1/2004 N/A N/A No action required

18 AAC 50.385 X Repealed 10/1/2004 N/A N/A No action required
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 50.390 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 required

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 AAC 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 made; 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 repealed
Part of 

SIP ?

SECTION YES NO Title of Section Current State 

Effective Date

EPA 

Approval 

Date

Previous 

State 

Effective 

Date

EPA 

Approval 

Required

Comment (Nature of 

change if any)

18 AAC 50.508 X Minor Permits 7/25/2008 2/5/07 10/1/04 YES 508(1) repealed; 508(5) 

language amended

18 AAC 50.509 X Minor Permits 7/25/2008 2/5/07 10/1/04 YES Repealed

18 AAC 50.540 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 

and 

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 AAC 50.730 X Conformity 1/4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.735 X Conformity 1/4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.900 X Small business 10/1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.910 X Repealed 10/1/2004 N/A 1/18/97 N/A No action required
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 50.990

X Definitions 7/25/2008 2/5/07 12/3/05 YES

Definitions (21) and (77)

repealed; amended 

definitions( 42(A)) and 

(63) to include revised 

dates; amended definition (59) to reference definition 

in the CAA; added 

definitions (126) “PAL 

pollutant” and (127) 

“regional administrator”
 

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

Evidence State Procedural Requirements Satisfied:

and

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

Dated Evidence of Proper Public Notice:

and

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

Certification that Public Hearings were Held if Applicable:

Affidavit of Notice of Proposed Adoption of Regulations and

Furnishing of Additional Information signed by Rebecca Tyson Smith

dated January 16, 2008.

Public Notice signed by Commissioner Larry Hartig dated November 

21, 2007.

Affidavit of Publication, Anchorage Daily News, 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 January 3, 2008.
 

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

Compilation of Public Comments and the State Response to them:

Affidavit of Agency Record of Public Comment signed by Rebecca 

Tyson Smith dated January 24, 2008.

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 Turner
 

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Regulation 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 Administrative Code 

Regulation Hygiene Rulemaking 

February 2008

Prepared by: 

Rebecca Smith 

Alan Schuler 

Tom Turner 

The Department proposed regulation hygiene to the Air Quality Control regulations in 

18 AAC 50 to address the following goals: 

1. Update documents and federal citations adopted by reference; 

2. Adopt clarifications to existing regulations which fix typos, incorrect references, and 

internal regulation conflicts; and 

3. Make changes to regulations to clarify areas where there has been confusion or 

concerns. 

The changes are considered to be non-controversial 

Public Comment Process: The proposed regulations were 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 received 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 letter 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 written 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 clarification provided by Department staff. 

The department considered the proposed changes to the regulations presented. The 

Response to Comments addresses all comments below. 
Regulation Hygiene Rulemaking Response to Comments 2 of 7 

2-13-08 

Comment A: Chevron and AOGA’s Comments about Adoption of AERMOD as 

Regulatory Dispersion Model 

“The proposed changes to 18 AAC 50 air quality regulations potentially have a large 

impact to our onshore permitting. ADEC has proposed changing the air quality modeling 

protocol for onshore facilities to use AERMOD. We currently do not have the data 

collected to support the data input requirements of the protocol. We are in the process of 

setting up meteorological stations at Swanson River Field and Trading Bay Production 

Facility to collect the required 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 continue 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 following comments regarding the proposed 

change to 18 AAC 50.040(f). Through this proposed change, the ADEC will adopt 

AERMOD as the regulatory dispersion model to be used for preparing ambient air quality 

analyses for many minor air permit applications. ISC, the 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, and approval of meteorological 

data sets to support AERMOD is completed. 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 valid meteorological data is needed, 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 appropriate 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 and approval process, final approval of the 

meteorological data sets might not be obtained until late in 2009. To avoid air permitting 

delays and inefficiencies during this interim, UOCC is requesting that ADEC retain ISC 

as a regulatory model for the minor air permit 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 regarding the use of the already proven ISC 
Regulation 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 dispersion 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 transition period as some of our members 

have already made significant investments in the 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 review 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 suggestion 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 formally proposed the switch in April 2000. When 

EPA promulgated AERMOD in November 2005, they included a one-year transition 

period from ISC to AERMOD (i.e., continued use of ISC was allowed under federal rules 

through November 9, 2006). The department sent a letter to all permittees in December 

2006 saying ADEC was planning to adopt AERMOD and that permittees 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 notification time provided 

under the federal rules. The department considers this two-year notification adequate and 

is, therefore, denying this request. 

The department further notes that the adoption of AERMOD as a regulatory model does 

not preclude applicants from using other models, 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 provision requires the department 

to obtain EPA approval for each case (per federal requirement), the flexibility exists 

when there is a substantive reason. Chevron’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 regulations 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 Group 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 applicants and provided on the Department’s 

web-site at http://www.dec.state.ak.us/air/ap/applic.htm. The Department adopted 

the forms currently listed in 18 AAC 50.030(10), rather than the actual application 

forms, so that it could make editorial changes as needed without going through a 

regulatory process for each revision. 

2. 18 AAC 50.225(b)(6): The term “requirement” 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 classification” to “remaining classifications” 

– emphasis added (i.e., change “new” to “remaining” and make “classification” 

plural). 

4. 18 AAC 50.225(b)(9): Add the missing end-quotation mark. 

5. 18 AAC 50.544(h)(3): The terms “classification,” “standard,” and “increase” 

should each be plural rather than singular (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 spelling updated to Nitrogen dioxide. 

7. 18 AAC 50.502(c)(1): Remove “. . .or addition 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. The 
Regulation Hygiene Rulemaking Response to Comments 5 of 7 

2-13-08 

proposed change is probably substantive, 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 approval process in 2007 that the forms 

available on the website were revised as of dates subsequent to August 30, 2004. It was 

not obvious to EPA that the Minor Permit 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 regulations. The change in language in the proposed Regulation 

Hygiene rulemaking is rejected for the reasons cited above. There will 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 the 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 the 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 the 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 the 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 the 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 submitting the attached additional comments 

regarding the 18 AAC 50 regulation hygiene project. The additional comments are the 

result of a recent conversation with a consultant regarding the future status of the 

dispersion model, SCREEN3. Upon further research, 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 released, 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. However, we can deal with that situation 

when it happens. At the current rate of development, it may be several more years before 

EPA releases AERSCREEN. Therefore, incorporating SCREEN3 into 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 section. 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 for 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 035(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—Language changes to address SCREEN3 Model 

Subsection 215(c) is revised to reflect the recommended language change. Subsection 

215(e) is added to include the recommended language. Paragraph 035(a)(5) is revised as 

recommended. Paragraphs 035(a)(7) and 035(a)(8) are added as recommended. 
Additional Information:

Regulation Hygiene Regulation, Explanation of Proposed Changes
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Regulation Hygiene Regulation 

Explanation of Proposed Changes 

These changes are considered to be non-controversial and will address the following 

goals: 

1. Update incorporations by reference 

2. Adopt clarifications to existing regulations which fix typos, 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 the dates on which each revision was approved. 

035(a)(3)—The adoption by reference date for AP-42 is updated to December 2006, the 

last date on which the Environmental Protection 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 for 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, update is available on the 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 information necessary for the regulation hygiene 

rulemaking. Therefore, the date 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. 
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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 most recent annual updates to 40 CFR Part 

52.70 – 40 CFR Part 52.96 were compiled and published by the EPA. They are available 

in published form on the internet at this time. 

040(f)—The subsection is being revised to incorporate the latest revision to the Guideline 

on Air Quality Models (for AERMOD) and to update 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 being 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) regarding clean unit and 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 allow for use of mass balance for calculating 

compliance with a sulfur dioxide PAL. 

040(i)—The adoption by reference date for 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) regarding clean unit and 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(i)(10)—Paragraph (10) is being revised to allow for use of mass balance for 

calculating compliance with a sulfur dioxide PAL. 
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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 updated 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 being corrected to address a typo; 18 AAC 50.030 is being 

corrected to 18 AAC 50.040(f). 

215(c)—The subsection is being revised for clarity. 

215(d) Table 5—Numbers 1,000 and greater require commas. 

 

225(b)—A new paragraph (7) regarding requirements for applying for an Owner 

Requested Limit is being added to the subsection. 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. renumbering (7) and (8) to (8) and (9)), it is 

necessary to repeal and readopt the subsection. 

306(b)(1)(A)—The subparagraph is being revised 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 applicability are being repealed due to a 

D.C. Circuit Court decision; the decision was 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”. 
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400(e)(3)-(f)— Paragraph (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 designation is being repealed due to a D.C. 

Circuit Court decision; the decision was published in the Federal Register on June 13, 

2007. 

500—Article 5 Section Headings—Heading 509 regarding pollution control projects is 

being repealed due to a D.C. Circuit Court decision; the decision was published in the 

Federal Register on June 13, 2007. 

502(c)—The subsection is being reworded for clarity. Sub-subparagraphs (c)(3)(A(ii) 

and (c)(3)(B)(ii) also are being corrected to address a typo; correct typos of “(i)” to “(ii)”. 

502(d)(2)—The paragraph is being corrected to address a typo; correct typo of “an” to 

“and”. 

502(d)(2)(A)—The subparagraph is being revised 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 decision; 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 unit and 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. 

508(5)—The subsection is being corrected to address a typo; correct typo of “for” to “at”. 

509—This section regarding pollution control projects is being repealed due to a D.C. 

Circuit Court decision; the decision was published in the Federal Register on June 13, 

2007. 

540(f)-(g)—Subsections (f) and (g) regarding clean unit and 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. 

542(f)—Paragraphs (4) and (5) regarding clean unit and 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. 
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542(g)(1)—References to clean unit and pollution control projects are being deleted due 

to a D.C. Circuit Court decision; the decision 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 being revised for clarity. 

544(c)(3)—The paragraph is being revised to include a requirement to keep a copy of 

maintenance procedures. 

544(e)—Subsection (e) regarding pollution control projects is being repealed due to a 

D.C. Circuit Court decision; the decision was 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 being 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 modification is being revised to the Clean Air Act definition 

rather than referencing AS 46.14.990 because the definition has been repealed from the 

statutes. 

990(77)—The definition of pollution control project is being repealed due to a D.C. 

Circuit Court decision; the decision was published 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 sections 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.