Register J 1'3> , 6c.fube.r- 2015 ENVIRONMENTAL CON ERYATION 

18 AAC 50.230(c)(l)(I) is amended to read: 

(I) the administration fee in 18 AAC 50.400(f)(2) [18 AAC 50.400(h)(2)]; 

.,-IM. ~ 1 and 

.,,v"'.......a- ) 

••• ...... 

18 AAC 50.230(d)(l)(E) is amended to read: 

(E) the administration fee in 18 AAC 50.400(0(2) [18 AAC 

50.400(h)(3)]; and 

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/112004, Register 171; am 

1129/2005, Reg.i ter 173; am 7/l/20J 0, Register l94; am 1;~ 01'5 , Regi ter :l.15) 

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 

.+Re-lead in langu age-~ 18 AAC 50.260(p) is amended to read: 

(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(h) [18 AAC 50.400G)]. 

(Eff. 12/30/2007, Register 184; am 7/1/2010, Register 194; am 10/6/2013, Register 208; am 

J j 26 /201; , Register ,2}5_) 

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

S46.14.030 

1 
Register .2!.5__, 6d??b~ 2015 ENVIRONMENTAL CONSERVATION 

18 AAC 50.400 is repealed and readopted to read: 

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of 

a Title V source described under 18 AAC 50.326 shall pay to the department the annual permit 

administration fees listed in this subsection. Permittees will be invoiced in July for each period 

from July 1 through the following June 30. Each annual permit fee is one-fifth of the total 

original permit cost or total cost of permit renewal. For an initial Title V permit, the annual 

permit fee is collected starting the first July after the permit is issued. The following permit 

administration fees apply to Title V sources: 

(1) for renewal of a permit for an oil-and-gas source with the potential to emit 

more than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $4,261; and 

(B) annual compliance review fee is $4,436; 

(2) for renewal of a permit for a large power plant, other than one described in (3) 

of this section, with the potential to emit more than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $2,527; and 

(B) annual compliance review fee is $3,372; 

(3) for renewal of a permit for a standard coal-fired plant with the potential to 

emit more than 250 tons per year of any one pollutant, the 

(A) annual permit fee is $6,871; and 

(B) annual compliance review fee is $6,767; 

(4) 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 

2 
Register .dJ.2 Odo b er 2015 ENVIRONMENT AL CONSERVATION 

(A) annual permit fee is $1, 720; and 

(B) annual compliance review fee is $2,491; 

(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 $1,303; and 

(B) annual compliance review fee is $3,341; 

(6) 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 $2,067; and 

(B) annual compliance review fee is $2,989; 

(7) for a Title V source that is operating under the department's general operating 

permit for diesel engines, the annual compliance review fee is $1,554; 

(8) for a Title V source that is operating under the department's general operating 

permit for asphalt plants, the annual compliance review fee is $2,091; 

((;)) (9) for renewal of a permit for a Title V source, other than one described in (1) -

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 $844; and 

(B) annual compliance review fee is $3,159. 

(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 

-Hict.+ er-son 

Title V permit for that source, · may request a refund in writing, and the department will 

3 
Register~, {)c/.obu 2015 ENVIRONMENTAL CONSERVATION 

refund any annual permit fees that had been paid for that renewal. Annual compliance review 

fees are not refundable. 

( c) 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. 

( d) The permittee, owner, or operator of a stationary source shall pay an annual 

compliance fee of $750 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 annual compliance 

review fee must be paid in addition to the general minor permit fee in ( c) of this section; 

(2) subject to an owner requested limit under 18 AAC 50.508(5); the annual 

compliance review fee must be paid in addition to the fees paid under (h) of this section; or 

(3) required to have a minor permit under 18 AAC 50.502(b ), that is operating 

under an operating or general permit issued before October 1, 2004. 

(e) After the department completes a review, actio~oractivity described in this 

_, II ci.v.:L .:nu.. ~ ) --+a.t'.JL 

subsection, and sought by the permittee, owner, or operator of a stationary source subject to ',1 

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 intake and processing of an excess emission report or permit 

deviation report submitted in accordance with a stationary source's permit, a fee of $20; 

4 
Register ~ Mber 2015 ENV1RONMENTALCONSERVATION 

(2) 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. 

(f) The permittee, owner, or operator of a stationary source who requests an owner 

requested limit (ORL) under 18 AAC 50.225 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 $2,168, to be paid before the 

department takes action on any request received; and 

(B) an annual compliance review fee of $319, unless the permittee, 

owner, or operator is required to pay an annual compliance review fee under (a) or (d) of 

this section. 

(2) for a preapproved emission limit for diesel engines under 18 AAC 50.230(c) 

or 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 $88, to be paid before the limit takes 

effect; and 

(B) an annual compliance review fee of $95. 

(g) The fee for department review of and routine compliance services for a request for 

open burning under 18 AAC 50.065 is $230. If the department determines that smoke incursion 

into a public place, into an airport, into a Class I area, into any nonattainment area, or into any 

maintenance area is likely, all additional costs will be charged in accordance with (h) of this 

section. 

5 
eg ster . Dclvbv-- 2015 ENVIRONMENTAL CONSERV AT ON 

(h) Unless the designated regulatory service is subject to a fixed fee set out in (a) - (g) of 

this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 

18 AAC 50.403, the permittee, owner, or operator shall pay an hourly permit administration fee 

for a designated regulatory service. The department will calculate the total amount due under this 

subsection by multiplying the number of hours spent to provide the designated regulatory service 

by the hourly rate of salary and benefits of the department employees who provided the 

designated regulatory service, and by adding to the resulting amount any other direct costs. 

(i) In this section, 

((~ove~ 

~_,t ~.U...:~ (1) "airport" has the meaning given in AS 02.25.110; 

01-1.. '-f·'~ 7 -- :... 

::u ~ <fl'Ji C z ) ~ "large power plant" 

~ (3)))) ~ (A) means a Title V source 

(i) the purpose of which is to generate electricity, and that contains 

a combustion turbine electric generator or natural gas-fired steam plant; or 

(ii) that has a potential to emit a total greater than or equal to 500 

tons per year of regulated air pollutants in the aggregate, and that contains 

emission units used to provide power to a mine or military base; ~ 

(B) does not include a Title V source that operates under the department's 

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 

(ti(i)) 

activities; does not include a petroleum refinery or liquefied natural gas 

(LNG) plant; 

6 
Register )..15 , ..FJck. ec 2015 ENVIRONMENT AL CONSERVATION 

((0) 

k4f''public place" has the meaning given in AS 46.06.150; 

.-63) tr .. .. < small power plant" ((:0(A}) (f5)) 

(A) means a Title V source not described in ~r i ):"O'fthis 

subsection 

(i) the purpose of which is to generate electricity, and that 

contains one or more diesel-fired internal combustion engines to generate pow ~ . 

...> 

(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; ~ 

(B) does not include a Title V source that operates under the department's 

general permit for diesel engines).t:' 

_, 

(2 ) 

. "annual compliance review fee" means the fee charged for routine 

compliance services, review of source test plans, and review of source test result§.2'. [Z3)) · 

"annual permit fee" means the fee charged for services related to the renewal 

of a Title V permit and any administrative amendment~ 

,, ' 

l 

@ 't--f8} "routine compliance services" means all · Jrec services an cost necessary to @ 

accomplish the regularly scheduled onsite or offsite review of a stationary source's emission 

C3 91CsJ 1nc1~.0 

units, records, and self-monitoring reports annual compliance certifications (ACCs), 

facility operating reports (FORs), source test plans, source test results, notices and reports, 

federal emission standard periodic reports and notices to determine the source's compliance with 

~ ~(_c. 5) applicable requirements1 "Routine GQmpliance ser~ does not include the unscheduled 

review of evidence in support of a complaint investigation or a compliance actio~r 

j 

7 
Regi ter ~ f)J,,he.r 2015 ENVIRONMENTAL CONSERVATION 

(9) "standard coal-fired plant" means a Title V sourcefthat is not within 10 miles 

of Denali National Park, that contains a coal-fired boiler used for purposes of generating 

thc.1.t 

electrical power, to include cogeneration, and has a potential to emit a total greater than or equal 

to 500 tons per year of regulated air pollutants in the aggregate. (Eff. 1/18/97, Register 141; am 

6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, 

Register 173; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 7/1/2010, Register 

194· am 9/14/2012, Register 203; am J _1% I 2015, Register ;1.15) 

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 

!f e-leaG--iR-lar+g~i 18 AAC 50.403 is amended to read: 

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

has not been set under 18 AAC 50.400(a) - (g) [18 AAC 50.400(a) - (i)] for a designated 

regulatory service, the permittee, owner, or operator of a stationary source may request a 

negotiated service agreement under AS 37 .10.052(b) for that designated regulatory service. 

Unless a completed negotiated service agreement specifies otherwise, all work done by the 

department to develop the negotiated service agreement is a designated regulatory service 

billed in accordance with 18 AAC 50.400(h)_t[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 

8 
gister , Dkbu-- 2015 ENVIRONMENTAL CONSERVATION 

(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 A VOID REVIEW UNDER 

18 AAC 50.306; 

(7) A MINOR PERMIT UNDER 18 AAC 50.508(4); 

(8) THE RENEW AL 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/j) (Eff. 

-<'----··- 1/29/2005, Register 173; am 12/3/2005, Register 176; am 7/1/2010, Register 194; am 

k--- ..3_1Jb /2015 Regi ter ..115) 

9 
eg er ~ tJckb..e.r- 2015 ENVIRONMENTAL CONSERVATION 

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 is repealed: 

Tr-M s~i(J" pro<..'.IL s ·for 1'<!.r"M

0

•+ ~S . 

AAC 50.405. Repeale _5) (Eff. 1/29/2005, Register 173; repealed 

!il2b l2o6, Register ..215 ) 

18 AAC 50.41 O(b) is amended to read: 

(b) Except as provided in (cf (tiland (g) of this section, emission fees will be assessed 

as follows: 

( 1) for stationary sources required to obtain an operating permit under 

AS 46.14.130(b), an emission fee rate of$42.95 [$28.57] per ton; of that n amount, $33.16 

[$19.32] will be allocated to the clean air protection fund under AS 46.14.260, and $9.79 [$9.25] 

will be allocated to the emission control permit receipts account under AS 46.14.265; .:_; tAA. ~~uttt 

Ui)) 

(2) for stationary sources not subject to ~ of this subsection but otherwise 

required to obtain a permit under AS 46.14.130, the emission fee rate of $9. 79 [$9 .25] per to1[ 

A 

whic8 will be allocated to the emissions control permit receipts account under 

AS 46.14.265..:. [~] 

10 
Register 2i5_, Dfo W 2015 ENVIRONMENT AL CONSERVATION 

18 AAC 50.410(f) is repealed: 

(f) Repealed _1_126 !'2tJ6. 

18 AAC 50.41 O(g)(3) is amended to read: 

(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) $1,414 [$1,336] for operation at one or more ice pads during a 

winter drilling season; 

(ii) $4,241 [$4,008] for operation during a state fiscal year at one 

or more sites not including a seasonal ice pad; 

(B) for a portable oil and gas operation outside the area described in (A) 

of this paragraph, 

(i) $1,318 [$1,245] for drilling five or fewer wells under the same 

application or notification during a state fiscal year; 

(ii) $2,635 [$2,490] for drilling no fewer than six and no more 

-;-;;-:;-:;:---:=;:-;-;-:::-;~-;:---JJtl~lan !_ el~l:s under the same application or notification during a state fiscal year; 

18 A.AC. 5('>.'-\IOlh) is r~e.:.Jed.; 

(\,.,.) "RQ..p.:o.J~ .!}_ EE/~. (iii) $3,953 [$3,735] for drilling 11 or more wells under the same 

application or notification during a state fiscal year. 

o (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Register 168; am 

~ 

11 
Register .!l15 , 11..tober 2015 ENVIRONMENTAL CONSERVATION 

10/1/2004, Register 171; am 1/29/2005, Re i ter 173; am 12/3/2005, Register 176; am 

ilcW.' I QJ"l. 7/1 { Ui I()> 1<.e..~ i ~>fer- I q ~ · 

12/14/2006, Register 180; am 6/18/2009, Register 190; am 7/L/2010, Register 194; am 

/I 

!J_ 201s , Register..115) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 

The · eacl-i'ft language of 18 AAC 50.420(a) is amended to read: 

18 AAC 50.420. Billing procedures. (a) The department will send supplemental 

bills for emission fees and fixed permit administration fees after {effective date of 

stcd'.2. fo;r.... y et.IT" 

?..01 G be.:f or e. 

re ulatiom to biU or credit for the rorated difference between bills se11t for ~ · 

{effective date of these regulations/ and the rates in effect as of {effective date of regulations}. 

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) - (g) [18 AAC 50.400(a) - (i)] 

••• 

!!Wtemhtr-mrrgmrge-j 18 AAC 50.420(b) is amended to read: 

(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(h) [18 AAC 50.400(j). HOWEVER, FOR REVIEWS OF EXCESS EMISSION 

REPORTS, THE DEPARTMENT WILL BILL ON A SEMIANNUAL BASIS IF REQUESTED 

IN WRITING BY THE PERSON REQUIRED TO PAY THE FEE]. 

12 
Regi ter , ~c.kiu-- 201 5 ENVIRONMENTALCONSERVATION 

18 AAC 50.420(f)(2) is amended to read: 

(2) decreases the stationary source's assessable emissions through a permit 

revision may request in writing a prorated refund or credit to the stationary source's fee account 

toward future fees. 

c)C2> ~ 

Tite--1eft&.,j.R-la~ 18 AAC 50.420(g) is amended to read: 

(g) The owner, operator, or permittee who terminates operations or whose permit has 

lapsed or is terminated by the department may request in writing a refund calculated by the 

department for fees collected in excess of the amount due for the stationary sourc11}ictual 

Qf~J2 - - emissions for the curr fi scal year. ~~~ 

Q "tro..luc.to?J 

The .g...ct<htt language of 18 AAC 50.420(h) is amended to read: 

(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 

S0.400(h) [18 AAC 50.400(j)], the department will also include as part of the itemized list the 

13 
Regi ter ·215 , Dekker 20L5 ENV£RONMENTALCONSERVATION 

18 AAC 50.420(h)(3) is amended to read: 

(3) time spent on the task on that date and the charge for the task, determined 

under 18 AAC 50.400(h) [18 AAC 50.400U)]. (Eff. 1118/97, Register 141; am 10/16/2003, 

Register 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 

194; am !l ~2<Jl5 , Register J.15 ) 

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 

lg AAC 5D.'1'f°i ;s d.M.2.A.chc.,.\_ by a.dcL (.j !).... r..Q.L0 fGV-~:J'Ct.fh+o re,xr..l: 

(if) 11 s+oJ-e... fi.scaJ yeoJ 11 MUI.fl$ °"' y·eμr c...~fnn 'J on .j\)'j I ':)F ort..e... 

coJwclcv' y·e.os- CV1ol e.ric>li~3 on ....lun.JL 3() .,f tk fo lli:i(.O i" j '-a.lend.elf" ye1. IJ". (Err. 

!/29/2.605) ·~ejistu- 11.:Sj c~ ~9_/ J.6 / 12.§_ '> 'Ro_,j;s+<z.r ;:; 15 ) 

A u+h 0 r

0

14 y ~ A s 3 7 ' I (). 6 5 6 As +·I. L( ~ ' 6 2..S A s '-/ (,. ! '-1. l.H 6 

Ac- ·17 . c·c-J ,_, -> . I 6 . O ,:> ,)S AS ~G. I~. l!.fo 

14 

(AS 3 7. I '-1. 2 '-i a]