Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 1 Alaska Administrative Code Titl e 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

18AAC 50 Article 1. Ambient Air Quality Management

18 AAC 50.005. PURPOSE AND APPLIC ABILITY OF CHAPTER.

(a) The purpose of this chapter is to identif y, prevent, abate, and c ontrol air pollu tion 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 a pply to any person who allows or causes air pollutants to be emitted into the ambient air.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.010. AMBIENT AIR Q UALITY STANDARDS.

The standards for concentrations of air pollutants in the ambient air, measured, determined, or predicted by an analytical method described in 18 AAC 50.035 or18 AAC 50.215, are established as follows:

State effective: 4/1/10; EPA effective: 11/21/12

(1) for PM-10:

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

(B) 24-hour average of 150 micrograms per c ubic meter, with this standard being attained when the expected number of da ys in a calendar year with a 24-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 pe r cubic meter not to be exceeded moreAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 2 than once each year; and

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

State effective: 10/1/04; EPA effective: 9/13/07

(4) for ozone: a daily maximum eight- hour average of .075 parts per million, with this standard being attained when the three-year average of the annual fourth-highest daily maximum eight-hour average ozone con centration is less than or equal to .075 parts per million;

State effective: 4/1/10; EPA effective: 11/21/12

(5) for nitrogen dioxide: annual arithme tic mean of 100 micrograms per cubic meter;

(6) for lead: quarterly arithmetic m ean 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.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.015. AIR QUALITY DESIG NATIONS, 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 particul ar air pollutant if its air quality meets the ambient air quality standard for that air pollutant. If air qua lity does not meet the ambient standard for a particular air pollutant, that area is designate d "nonattainment" for that air pollutant. If there is insufficient informati on to classify an area as attainment or nonattainment for a particular ai r pollutant, the area is designa ted "unclassifiable" for that air pollutant.

(b) The following areas have been designate d by the federal admini strator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 6/24/2004

(B) repealed 6/24/2004

(2) for PM-10:

(A) Mendenhall Valley area of Juneau; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 3 (B) Eagle River area of Anchorage.

(c) To establish standards for the preventi on of significant deterior ation of air quality, geographic areas in the state are

(1) divided into four "air qual ity control regions" as follows:

(A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

(C) South Central Alaska Intrasta te Air Quality C ontrol Region; and

(D) Southeast Alaska Intrastate Air Quality Control Region; and

(2) classified as shown in Table 1 in th is subsection for each air pollutant for which the area is designated "unclass ifiable" or "attainment."

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;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 4 (2) Fairbanks and North Pole urban area.

Editor's note: The nonattainment 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 ar e described in 40 C.F.R. 81, as revised as of July 1,

2003.

As of Register 154, July 2000, the regulati ons 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.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.020. BASELINE DATE S 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 pol lutant. However, this section does apply to all other air pollutants listed in Table 2 in this subsection.

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 Intra- Nitrogen dioxide February 8, 1988Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 5 Sulfur dioxide November 10, 1986

PM-10 The earliest date upon which the department declares complete an application for afacility or modification that includes information required under 18 AAC 50.306 and

shows an increase in actual PM-10 emissions equal to or exceeding 15 tons per

year.

(b) To establish standards for the preventi on of significant deterior ation of air quality,

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

(2) in areas designated as Cl ass 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 maximu m allowable increases shall be measured or predicted by a method described in 18 AAC 50.215.

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 ........................... .................2.5Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 6 CLASS II PM-10:

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

24-hour maximum .................................... ................. 17

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

Sulfur dioxide:

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

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

3-hour maximum ...................................... ................. 20

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

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

Nitrogen Dioxide:

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

CLASS III PM-10:

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

24-hour maximum .................................... ................. 34

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

Sulfur dioxide:

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

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

3-hour maximum ...................................... ................. 40

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

................ 700

Nitrogen Dioxide:

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

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this s ection, the baseline concentra tion 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 appl icable 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 doe s not include actual emissions from a PSD major stationary sour ce or a PSD major modificat ion for which construction commenced on or after January 6, 1975; and

(2) for nitrogen dioxide, the baseline con centration is the ambient concentration of the air pollutant on the appli cable 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.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 7 (f) In this section, “commence” has the m eaning given in 40 C.F.R. 52.21(b), adopted by

reference in 18 AAC 50.040.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.025. VISIBILITY AND OTHER SPECIAL PROTECTION AREAS.

(a) Visibility special protection areas are establ ished to prevent impairment of visibility. The following areas are designated vi sibility special protection areas:

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

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

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

(b) A wood smoke control area is a geogr aphic 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 pr event the violation of the ambient air quality standard and maximum allowable ambient concentration for sulfur dioxide. The following areas are designated as special protecti on areas for sulfur dioxide:

(1) in the Unalaska area, the land and wate r areas within a 3.4-mile radius of the

intersection of 53° 53' 4" N latitude and 166° 32' 11" W longitude; and

(2) in the St. Paul Island area, the la nd and water areas south of UTM Northing 6333.00 kilometers (57° 8' 29" N latitude) and within 0.6 kilometers of St. Paul

Island.

Editor's note: Complete descriptions of the specia l protection areas designated in this section, including maps, are provided in th e state air quality control plan adopted by

reference in 18 AAC 50.030.

State effective: 6/21/98; EPA effective: 9/13/07

18 AAC 50.035. DOCUMENTS, PROCEDUR ES, AND METHODS ADOPTED BY

REFERENCE.

(a) The following documents are adopted by reference:

(1) the department's In Situ Burning Gu idelines for Alaska, revised March 22, 2001;

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), EPAAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 8 454/R-92-023, October 1992;

(3) the United States Environmental Pr otection Agency's (EPA) publication AP-42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources, Fifth Edition with Supplements A – E, as amended through September 1999;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications, EPA -454/R-99-005, February 2000;

(5) Ambient Monitoring Guidelines fo r Prevention of Significant Deterioration (PSD), EPA-450/4-87-007, May 1987; and

(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 Ex cluded from the Portable Oil and Gas Operation Permit by Rule (18 AAC 50.390), as revised as of November 19, 2002.

State effective: 12/3/05; EPA effective: 9/13/07

(b) The following procedures and methods set out in 40 C.F.R., revised as of July 1, 2010, are adopted by reference:

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

State effective: 4/1/10; EPA effective: 11/21/12

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

(3) 40 C.F.R. Part 58, Appendix B;

(4) the following test methods as th ey 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 pr ocedures 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 discreti on to require in a permit issued under this chapter compliance with the re quirements 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 Met hod 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;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 9 (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 Fl uorescence Spectroscopy, approved April 10, 1998;

(6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Hydrogenolysis and Rateomet ric 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), Stan dard Practice for Ultimate Analysis of Coal and Coke, approved September 29, 1989;

(9) ASTM D 4749-87 (Reapproved 1994), Stan dard Test Method for Performing the Sieve Analysis of Coal and Designati ng 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;

(11) ASTM D 422-63 (Reapproved 1998), Stan dard Test Method for Particle-Size Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/I nlet Oxidative Combustion and

Chemiluminescence Detecti on, 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 Di rect 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-S tain Detector Tubes, approved April 29, 1988;

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers toAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 10 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.

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

office. For information on how to obtain a copy of the EPA public ation AP-42 referred to in this section, contact EPA's Info CHIEF 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 Societ y for Testing and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.

State effective: 12/3/05; EPA effective: 9/13/07

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 8, 2004 , are adopted by reference as they apply

to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 60.9 (Availability of Information);

(2) the following subparts:

(A) Subpart D (Standards of Performance for Fossil

- Fuel

- Fired Steam Generators

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

(B) Subpart Da (Standards of Performa nce for Electric Utility Steam Generating

Units for Which Construction is Commenced After September 18, 1978);

(C) Subpart Db (Standards of Performance for Industri al

– 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 an d Eb (Standards of Performance for Municipal Waste Combustors);

(G) Subpart Ec (Standards of Performan ce for Hospital, Medical, and InfectiousAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 11 Waste Incinerators;

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

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

(J) Subpart J (Standards of Perf ormance for Petroleum Refineries);

(K) Subpart K (Standards of Performa nce for Storage Vessels for Petroleum Liquids for Which Construc tion, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978);

(L) Subpart Ka (Standards of Performa nce for Storage Vessels for Petroleum Liquids for Which Construction, Recons truction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984);

(M) Subpart Kb (Standards of Performa nce for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stor age Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984);

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

(O) Subpart N (Standards of Performa nce for Primary Emissions from Basic Oxygen Process Furnaces for Which Cons truction is Commenced After June 11, 1973);

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

(Q) Subpart O (Standards of Perfor mance for Sewage Treatment Plants);

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

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

(T) Subpart Y (Standards of Perfor mance for Coal Preparation Plants);

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

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

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants);

(X) Subpart LL (Standards of Perfor mance for Metallic Mineral Process ing Plants);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 12 (Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture);

(Z) Subpart VV (Standards of Performan ce for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry);

(AA) Subpart XX (Standards of Pe rformance for Bulk Gasoline Termi nals) ;

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

(CC) Subpart JJJ (Standards of Perf ormance for Petroleum Dry Cleaners);

(DD) Subpart KKK (Standards of Performance for Equipment Leaks of VOC

from Onsh ore Natural Gas Processing Plants);

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

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

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

(HH) Subpart UUU (Standards of Perfor mance for Calciners and Dryers in Mineral Industries);

(II) Subpart WWW (Standards of Perf ormance for Municipal Solid Waste Landfills);

(JJ) Subpart CCCC (Standards of Perfor mance for Commercial and Industrial

Solid Waste Incineration Units for Wh ich 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 (Sta ndards 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 require d 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 re vised as of July 1, 2004, are adopted by reference as theyAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 13 apply to a Titl e 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 Emi ssion Standard for Mercury);

(B) Subpart J (National Emissi on 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 (Na tional Emission Standard for Benzene Waste Opera tions);

(F) the Standard for Demolition and Renovation under 40 C.F.R. 61.145 and, as they apply to activities subject to 40 C.F.R. 61.1 45, 40 C.F.R. 61.141, 40 C.F.R. 61.149(d)(1), 40 C.F.R. 61.150, 40 C .F.R. 61.152, and Appendix A to Subpart M (Interpretive Rule Governing Roof Removal Operations);

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

(4) Appendices A, B, and C.

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

Hazardous Air Pollu tants for Source Categories), as re vised as of November 12, 2004, are adopted by reference as they apply to a Title V source:

(1) Subpart A (General Provisi ons), except 40 C.F.R. 63.5(e)(2)

– (f)

(2) Subpart B (Requirements for Cont rol Technology Determin ations for Major

Sources in Accordance with Clean Air Ac t 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 opera tor of a hazardous air pollutant major

source that includes one or more sources from a category or subcategory estab

lished under 42 U.S.C. 7412(c)(1) (Cl ean Air Act, sec. 112(c)(1)) for which the EPA administrator has failed to promul gate an emission standard within 18Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 14 months after th e deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

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

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

(5) Subpart N (Chromium El ectroplating and Anodizing);

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

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

(8) Subpart T (Halogena ted Solvent Cleaning);

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

(10) Subpart C C (Petroleum Refineries);

(11) Subpart DD (Off

- Site Waste and Recovery Operations);

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

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

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

(15) Subpart JJ (Wood Furniture Manufacturing);

(16) Subpart KK (Printi ng and Publishing Industry);

(17) Subpart HHH (Natural Gas Tr ansmission and Storage Facilities);

(18) Subpart LLL (Portl and Cement Plants);

(19) Subpart UUU (Petro leum 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 Comb ustion Turbines);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 15 (23) Subpart ZZZZ (Stationary Recipro cating Internal Combustion Engines);

(24) Subpart DDDDD (Industrial, Commerci al, and Institutional Boilers and Process Heaters);

(25) Subpart GGGGG (Site Remediation);

(26) Subpart PPPPP (Engin e Test Cells, Stands);

(27) Appendix A (Test Methods);

(28) Appendix B (Sources Define d for Early Reduction Provisions).

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

reference to the extent that th ey 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, 2004, as they apply to a Title V source and for purposes of a Title V permit, are adopted by

reference.

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

reference:

(1) Subpart FFF (Federal Plan Require ments for Large Municipal Waste Comb ustors Constructed on or Before September 20, 1994);

(2) Subpart GGG (Federal Plan Requirem ents 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 Requireme nts for Commercial and Industrial Solid

Waste Incineration Units that Commenced Cons truction on or Before November 30, 1999);

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

State effective: 12/3/05; EPA effective: 9/13/07

(h) The following provisions of 40 C. F.R. 51.166 (Prevention of SignificantAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 16 Deterioration of Air Quality) and 40 C.F. R. Part 52 (Approval and Promulgation of Implementation Plans, as revised as of July 1, 2011, are adopted by reference:

State effective: 12/9/10; EPA effective: 11/21/12

(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) (A pplicability Procedures);

State effective: 12/3/05; EPA effective: 9/13/07

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

State effective: 12/9/10; EPA effective: 11/21/12

(A) the following provisions are not a dopted, 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 a dopted, and the terms defined in those provisions have the meani ngs give in AS 46.14.990:

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

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

(iii) 40 C.F.R. 52.21(b)(6) (“building, stru cture, 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 a dopted, 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);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 17 (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 Im pacting Federal Class I Areas);

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

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

(17) 40 C.F.R. 52.21(x) (Clean Unit Test for Emissions Units That Are Subject to BACT or LAER);

(18) 40 C.F.R. 52.21(y) (C lean Unit Provisions for Emissions Units That Achieve an Emission Limitation Comparable to BACT);

(19) 40 C.F.R. 52.21(z) (PCP Excl usion Procedural Requirements);

(20) 40 C.F.R. 52.21(aa) (Actuals PALs).

(i) From the following provisions of 40 C.F. R. 51.165 (Permit Requirements), as revised as of July 1, 2004, 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) (Defin itions), except as follows:

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

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

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

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

(iv) 40 C.F.R. 51.165(a)(1)(vii) (“emissions unit”);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 18 (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 a dopted, and the terms defined in those provisions have the meani ng 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)(xxxvii i) (“reviewing authority”);

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

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

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

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

(6) 40 C.F.R. 51.165(a)(6) (Pro jected Actual Emissions);

(7) 40 C.F.R. 51.165(c) (Clean Unit Test for Emissions Units That Are Subject to LAER);

(8) 40 C.F.R. 51.165(d) (Clean Unit Provisions for Emissions Units That Achieve an Emission Limitation Comparable to LAER);

(9) 40 C.F.R. 51.165(e) (PCP Exclusion Procedu ral Requirements);

(10) 40 C.F.R. 51.165(f) (Actuals PALs).

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of July 1, 2004, are adopted by reference, except as provided in 18 AAC 50.326:

(1) 40 C.F.R. 71.2 (Defin itions);

(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);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 19 (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).

Editor's note : The federal standards adopted by reference in 18 AAC 50.040 may be reviewed at the department's Anchor age, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emi ssion standard that is not at a stationary source subject to a Title V permit s hould contact the United States Environmental Protection Agency.

State effective: 12/3/05; EPA effective: 9/13/07

18 AAC 50.045. PROHIBITIONS.

(a) A person may not dilute emissions with ai r 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 stationa ry source that emits an air pollutant subject to this chapter shall ensure that the stationary source comp lies with this chapter and any other applicable local, st ate, 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 standard s or that will interfere with the attainment or maintenance of ambient air quality standards.

(d) A person who causes or permits bulk mate rials to be handled, transported, or stored, or who engages in an industrial activity or construction project shall take reasonable precautions to prevent particulate matter fr om 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 concentr ation 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 accord ing to atmospheric conditions

or ambient concentrations of that air pollutant; or

(3) increasing exhaust gas plume rise by

(A) manipulating a source process parame ter, exhaust gas parameter, or stackAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 20 parameter;

(B) combining exhaust gases from severa l existing stacks into one stack; or

(C) other selectiv e handling of exhaust gas streams.

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

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

(2) combining the exhaust gases from severa l stacks into one stack if the stationary source was originally designe d and constructed with combined exhaust streams;

(3) combining the exhaust gases from seve ral stacks into one st ack, if done when an emission control system is installed and re sults in a net reduction in the allowable emissions of the controlled air pollutant; or

(4) any technique that increas es the exhaust gas plume rise if the allowable emissions

of sulfur dioxide from the stationary source are less th an 5,000 tons per year.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.050. INCINERATOR EMISSION STANDARDS.

(a) Visibility through the exha ust effluent of an incinera tor, 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 incine rator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard

Rated capacity less than 1000 pounds per hour No limit

Rated capacity greater than or equal to 1000 but less than 2000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 percent CO 2 and standard conditions, averaged over three

hours

Rated capacity greater than or equal to 2000 pounds per hour 0.08 grains per cubic foot of exhaust gas corrected to 12 percent CO 2 and standard conditions, averaged over threeAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 21 hours

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

State effective: 5/3/02; EPA effective: 9/13/07

18 AAC 50.055. INDUSTRIAL PR OCESSES AND FUEL-BURNING EQUIPMENT.

(a) Visible emissions, excluding condensed wa ter vapor, from an industrial process or fuel-burning equipment may not reduce vi sibility 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 a ny six consecutive minut es for fuel-burning equipment in operation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(3) more than 55 percent for a urea pril ling 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 pl ant 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; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 22 (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 ma intenance activities specifi ed in an operating permit issued under this chapter;

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

(i) conforms to Performance Specifica tion 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; and

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

(C) the owner or operator of the boi ler provides the department with a demonstration that the particulate matte r emissions from the boiler allowed by this opacity limit will not cause or contri bute 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 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 opac ity limit otherwise applicable under this

section.

(b) Particulate matter emitted from an indus trial process or fuel-burning equipment may not exceed, per cubic foot of exhaust gas corr ected to standard conditions and averaged over three hours,

(1) 0.05 grains, except as provided in (2) - (6) of this subsecti on, (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 opera tion 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;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 23 (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 construc ted or modified after June 11, 1973; or

(6) 0.04 grains for a urea prilling tower.

(c) Sulfur-compound emissions, expressed as su lfur dioxide, from an industrial process or from fuel-burning equipment may not ex ceed 500 ppm averaged over a period of three hours, except as provided in (d) - (f) of this sec tion and 18 AAC 50.060.

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

(1) for a catalytic cracking unit catalyst regenerator

(A) 1.0 kilogram of particulate matt er per 1,000 kilograms of coke burnoff;

(B) 43.0 additional grams of particulat e matter per million joules supplemental

heat attributable to fuels burned in a catalyst regenera tor waste heat boiler; and

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

(2) for a sulfur recovery plant rate d 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 pe rcent 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 di oxide concentration, averaged over three hours, equal to whichever of the following is applicable:

(A) for equipment burning only fuel ga s, the concentration of uncontrolled

emissions that would result from bur ning 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 allowa ble 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 orAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 24 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 sta ndard conditions; and

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per cubic meter of exhaust gas at standard conditions.

(f) At a portland cement plant, emissions fr om 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 particul ate matter per 1,000 kil ograms of feed on a dry basis.

(g) Release of materials other than pr ocess emissions, products of combustion, or

materials introduced to control pollutant emissions from a st ack 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 qu ality control permit issued before October 1,

2004.

State effective: 10/1/04; EPA effective: 9/13/07

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, dige ster relief systems, and recovery systems; and

(2) two pounds of particulat e matter from blow pits, wa sher vents, storage tanks, digester relief systems, and recovery systems.

State effective: 1/18/97; EPA effective: 1/19/99

18 AAC 50.065. OPEN BURNING.

(a) General Requirements. Except when conducting open bu rning under (g), (h), or (i) of this section, a person conducting open burning shall comply with th e limitations of (b) - (f) of this section and shall ensure that

(1) the material is kept as dry as possibl e through the use of a c over or dry storage;

(2) before igniting the burn, noncombustible s are separated to the greatest extent practicable;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 25 (3) natural or artificially induced draft is present;

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

(5) combustibles are no t allowed to smolder.

(b) Black Smoke Prohibited. Except for firefighter traini ng conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastic s, 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. Depart ment approval of open burning as an oil spill response countermeasur e 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 hydrocabons pr oduced 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 sh all 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 de scribed in (j) of this section.

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides , halogenated organic com pounds, 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 derivativ es, 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 a dvisory under 18 AAC 50.245, sta ting that burning is not permitted in that area for that day. This a dvisory 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 reasona ble efforts to ensure that the advisory

is broadcast on local radio or television.

(f) Wood Smoke Control Areas. Open burning is prohibite d between November 1 and

March 31 in a wood smoke control area identified in 18 AAC 50.025(b).Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 26 (g) Controlled Burning. Controlled burning to manage fo rest 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.

(h) Firefighter Training: Structures. A fire service may open burn structures for firefighter training withou t ensuring maximum combustion efficiency under the following circumstances:

(1) before igniting the struct ure, the fire service shall

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

(B) visually identify materials in the st ructure that might c ontain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;

(C) ensure that the st ructure 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 di ameter of four inches or more; or

(viii) urethane or anothe r plastic foam insulation;

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

(E) ensure that a fire-service represen tative is on-site before igniting the

structure;

(2) the fire service shall ignite and c onduct training on only one main structure and any number of associated smaller structures at a time; examples of associated smaller structures are garages, shed s, and other outbuildings; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 27 (3) the fire service shall respond to complaints in accordance with (k) of this section.

(i) Firefighter Training: Fuel Burning. Unless a greater quantity is approved by the department, a fire service may open burn up to 250 gallons of uncontaminated fuel daily and up to 600 gallons yearly for firefi ghter training without ensuring maximum combustion efficiency. To conduct this tr aining without prior written department approval, the fire service shall

(1) provide public notic e consistent with (j) of this se ction before burning more than 20 gallons of uncontaminated fuel, unless wa ived in writing by the department; and

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

(j) Public Notice. A person required to provide public notice of open bur ning 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 pu blic 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 ma terial 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 locati on of the training; and

(B) the beginning and ending da tes of the period during wh ich a surprise fire drill may be conducted (this period ma y not exceed 30 days); and

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

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

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

(2) keep, for at least 30 da ys, a record of all compla ints 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; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 28 (C) any action the person conducting th e open burning took to respond to each complaint; and

(3) upon request, provide the department with a cop of the records kept under (2) of

this subsection.

State effective: 1/18/97; EPA effective: 1/19/99

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, visibi lity 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 init ial startup of a vessel; for purposes of this subparagraph, "initial startup" incl udes the period during which a vessel is testing equipment in preparation to casting off or weighing anchor;

(2) during the hour immediately after weighi ng 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 ma y 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 mo re than three minutes in any one hour.

State effective: 6/21/98; EPA effective: 9/13/07

18 AAC 50.075. WOOD-FIRED HEATIN G DEVICE VISIBLE EMISSION

STANDARDS.

(a) A person may not operate a wood-fire d heating device in a manner that causesAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 29 (1) black smoke; or

(2) visible emissions that exceed 50 percen t opacity for more than 15 minutes in any one hour in an area for which an air quali ty advisory is in effect under 18 AAC

50.245.

(b) A person may not operate a wood-fired he ating 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 cont rol 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 J uneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030.

State effective: 5/6/09; EPA effective: 7/8/13

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.

State effective: 1/18/97; EPA effective: 9/13/07

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 co mpliance with other applicable air pollution control requirements.

State effective: 10/1/04; EPA effective: 9/13/07

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 unreas onably interfere with the enjoyment of life or property.

State effective: 5/26/72; EPA effective: 5/31/72

18 AAC 50 Article 2. Progr am Administration

18 AAC 50.200. INFORMATION REQUESTS.

If requested by the department to dete rmine compliance with AS 46.03, AS 46.14, and this chapter, the owner, ope rator, or permittee of a stationary source shall maintain records of, and report to th e department information on, the nature and amount of emissions from the stationary source and othe r information designated by the department.

State effective: 10/1/04; EPA effective: 9/13/07Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 30 18 AAC 50.201. AMBIENT AIR QUAL ITY INVESTIGATION.

(a) Upon a finding by the department that emi ssions 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 limita tions of 18 AAC 50.110, the department may require the owner, operator, or permittee to ev aluate the effect of th e stationary source’s emissions of those air pollutants on ambien t 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 comp lete by the department, must satisfy the evaluation requirements of this se ction, 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 emissi ons as necessary to ensure that the concentration of air pollutants in the ambien t 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, ope rator, or permittee and provi de the affected public an opportunity for comment and he aring. To the extent pract icable, given the costs of determining an equitable allocation, any em ission reduction or control strategy imposed under this section will be equ itably allocated among stationa ry, mobile, and area sources and source categories based upon their relative cont ribution to the am bient impacts of concern, the cost of additional cont rols, and other equitable factors.

(c) When determining whether to impose a redu ction or control strategy under (b) of this section, the department will consider the uncer tainties of ambient ai r quality analysis, the costs and benefits of resolving the uncertainti es, the nature of the ambient impact area, and the proximity and magnitude of adjacent impacts.

(d) The provisions of this section do not a pply 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 cont rol under the construction permit program

established under AS 46.14.120 a nd this chapter.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.205. CERTIFICATION.

(a) Any permit application, report, affirma tion, or compliance certification required by the department under a permit program estab lished under AS 46.14 or this chapter must include the signature of a responsible o fficial for the permitted stationary sourceAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 31 following the statement: "Based on informa tion and belief formed after reasonable inquiry, I certify that the statements and info rmation in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signature on an electr onic application or

other electronic record re quired 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 sign ature 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 exec uted or adopted with that signature.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.215. AMBIENT AIR Q UALITY ANALYSIS METHODS.

(a) A person who submits ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall obtain the data in accordance with

State effective: 4/1/10; EPA effective: 11/21/12

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

State effective: 10/1/04; EPA effective: 9/13/07

(2) a reference method or an equivale nt method described in 40 C.F.R Part 50, Appendices D and P, adopted by referen ce in 18 AAC 50.035(b), for ozone; or

State effective: 4/1/10; EPA effective: 11/21/12

(3) an alternative method th at is representative, accura te, verifiable, capable of replication, and approved by the department.

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

(1) ensure that estimates of ambient concen trations and impairment to visibility are based on applicable air quality models, databases, and othe r requirements specified in

the EPA's Guideline on Air Quality Models (Revised) , adopted by reference in 18 AAC 50.030; and

(2) for comparing predicted or measured ambi ent concentrations of an air pollutant to

a maximum allowable increase establis hed under 18 AAC 50.020(b)(2), exclude

(A) concentrations attributable to a te mporary construction activity for a new or modified source; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 32 (B) the increase in concentr ations attributable to ne w sources outside the United

States over the concentrations attribut able to existing sources included in the

baseline concentration.

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

(1) obtaining approval from the department for a protocol to be used in performing the analysis required by (2 ) of this subsection;

(2) undertaking and submitting a comparative an alysis 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 ad ministrator and the commissioner for the

substitution or modification if an ambient air quality analysis is required by 18 AAC

50.306.

(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 concentra tions in Table 5, the

emissions are not considered to cause or c ontribute to a violation of an ambient air quality standard or maximum allowa ble increase for a Class II area.

Table 5. Significant Impact Levels (SILs)

Annual Averaging time (hours)

24 8 3 1

Pollutant

Sulfur

dioxide......

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

Nitrogen

dioxide....

Carbon

monoxide... 1.0  g/m 3

1.0  g/m 3

1.0  g/m 3

........... 5  g/m 3

5  g/m 3

...........

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

...........

...........

500  g/m 3 25  g/m 3

...........

...........

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

...........

...........

2000  g/m 3

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.220. ENFORCEABLE TEST METHODS.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 33 (a) The department may require an owner, ope rator, 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 owne r, operator, or permittee shall conduct the testing within the specified pe riod regardless of whether the department explicitly calls for testing under this subsection.

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

(1) at a point or points that characterize th e 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 accord ance 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 accordan ce 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 accord ance 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 visibi lity 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 to tal particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, le ad, volatile organic compounds, fluorides, sulfuric acid mist, municipa l waste combustor organics, metals, and acid gases must follow the procedures speci fied in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 34 (F) source testing for emissions of PM- 10 must follow the procedures set out in Appendix M to 40 C.F.R. Part 51, adopt ed 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 accord ance with Method 301 in Appendix A to 40 C.F.R. Part 63, adopted by re ference in 18 AAC 50.040(c); and

(3) standard exhaust gas volumes must in clude 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.

(d) In deciding whether to require a test under (a) of this secti on, the department will

consider

(1) the compliance status of the emissi on unit and the margin of compliance with each applicable requirement as demonstr ated by prior compliance tests or other reasonably accurate da ta or calculations;

(2) the potential variability of emi ssions 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 re ference 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. Th e source test must account for those emissions caused by soot blowing, grate cleaning, or other routine main tenance 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 emissi ons from that activity. The emissions must be quantified us ing the following equation:

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

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

E NM =the arithmetic average of pa rticulate emissions in gr/dscf measured by the test runs that di d not include routine maintenance activity. 

###            

A x R

BS

- R

S)

- (R E + A x R S

x B) + (A E = E NM MAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 35 A =the period of routine maintena nce activity occu rring 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 near est hundredth of an hour.

State effective: 10/1/04; EPA effective: 9/13/07

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-specif ic 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 un its at the stationary source;

(3) a calculation of the st ationary source’s actual emissi ons and potential to emit air pollutants;

(4) a description of the proposed limit, in cluding 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 the limit, including monitoring and recordk eeping requirements;

(6) citation to the requirement that th e 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) a statement that the owner or operator of the stationary sour ce will be able to comply with the limit; and

(8) a certification, b earing the signature of the person requesting th e limit, that states:

"Based on information and belief formed af ter reasonable inquiry, I certify that the

statements and information in this re quest are true, accurate, and complete.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 36 (c) Within 30 days after receiving a request und er (b) of this secti on, the department will

(1) make a preliminary decisi on 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 de cision to approve a reque st under (c) of this section, the department will solicit public comment on the preliminary decision as

follows:

(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 appropria te; the notice will include

(A) the name and address of the appli cant and the location or proposed location of the stationary source;

(B) a summary describing the propose d 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 pe rson to whom comments should be sent;

(2) the department will make available fo r 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 require d by (1) of this subsection; if the department determines additional time is n eeded to allow full publ ic 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 aAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 37 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 revi ew under AS 46.14.200. The absence of a department decision within 30 days after th e close of the public comment period provided in (d) of this section will be considered a permit acti on 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;

(2) lists all equipment covered by the approval;

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

and

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

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

(h) The owner or operator may request the de partment 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 reques t and applying for each permit listed in the original approval under (f ) of this section as if the lim it had never been approved. The limit remains in effect until the owner or operator

(1) obtains a new limit that allows the owne r 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 require ment that was avoided.

State effective: 1/29/05; EPA effective: 9/13/07

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 rece ives a request containing al l the required information. Under these "preapproved" emission limits or PAELs, no additional department approval is required. The owner and ope rator shall comply with the li mit while that limit is in

effect. The limit remains in effect until revoke d in accordance with (e) of this section.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 38 (b) The owner or operator of a stationary source containing one or more emission units described in (c) or (d) of th is section may request that th e 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 in formation required for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines may be established by re stricting 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 ga llons, 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 n itrogen 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 poten tial to emit nitrogen oxides, in tons per year, from all emission units at the stationary source that are not liste d under (B) of this paragraph;

(F) a calculation of the st ationary source’s total potenti al 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 unde rstands the conditions required under (2) of this subsection and agrees to thos e conditions in order to limit nitrogen oxide emissions from the equipment liste d under (B) of this paragraph to no

more than the value calculated und er (D) of this paragraph; and

(I) the administration fee in 18 AAC 50.400(k)(2); andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 39 (2) agree to

(A) limit the quantity of fuel burned in the equipment listed under (1)(B) of this subsection during any consecutive 12 mont hs to no more than the amount proposed 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 th e 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 fo r the stationary source to le ss 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 unde r the standards adopted by reference in 18 AAC 50.040(a)(2)(M) and (AA). Th e owner or operator shall

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

(A) the name and address of the stationa ry source to which the limit will apply;

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

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

(D) a certification beari ng the signature of the owner or operator statin g 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 fe e in 18 AAC 50.400(k)(3); and

(2) agree to

(A) limi t the quantity of gasoline transferred from tanks at the stationary sourceAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 40 each day to less than 19,900 gallons;

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

(C) keep all receipts for fuel sales and all re cords under (B) of this paragraph available for department inspecti on 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 sec tion by notifying the department, in writing, of the proposed date fo r 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 preconstru ction review procedur es or to avoid the requirement for an operating permit. If the limit

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

(A) a new construction permit under this chapter as if th e 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 conti nue to avoid preconstruction review; or

(2) did not make it possible to avoid prec onstruction 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 chapte r 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 ope rator to continue to avoid the need for the permit.

State effective: 1/29/05; EPA effective: 9/13/07

18 AAC 50.240. EXCESS EMISSIONS

(a) In an enforcement action, the owner, opera tor, or permittee has the burden of proving

that excess emissions were unavoidable. This demonstration is a condition to obtaining relief under (d), (e), a nd (f) of this section.

(b) Excess emissions determined to be una voidable under this sect ion will be excused and are not subject to penalt y. This section does not limit the department's power to enjoin the emission or re quire corrective action.

(c) Excess emissions that present a potential th reat to human health or safety or that theAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 41 owner, operator, or permittee believes to be unavoidable must be reported to the department as soon as possible. Unless otherw ise specified in the f acility'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 de partment, the owner, operator, or permittee

shall submit a full written re port that includes the known cau ses, the corre ctive actions taken, and the preventive measures to be taken to minimize or eliminate the chance of

recurrence.

(d) Excess emissions due to startup or shut down 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 b een prevented through careful planning and design; and

(2) if a bypass of control equipment o ccurred, 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 coul d 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 cons idered unavoidable if the owner, operator, or permittee reports them as required under (c ) of this section a nd demonstrates that

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

(2) the event was not of a recurring pa ttern indicative of inadequate design, operation, or maintenance; and

(3) when the operator knew or should ha ve known that an emission standard or permit condition was being exceeded, the ope rator took immediate and appropriate

corrective action in a manner consistent with good air po llution control practice for minimizing emissions during the event, taki ng 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 secti on must be supported by records

made at the time the excess emissions occurred.

State effective: 1/18/97; EPA effective: 1/19/99

18 AAC 50.245. AIR EPISODES AND ADVISORIES.

(a) The department may declare an air ep isode and prescribe a nd publicize curtailmentAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 42 action if the concentration of an air pollutant in the ambient ai r has reached, or is likely in the immediate future to reach, any of the con centrations established in Table 6 in this

subsection.

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}Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 43 (b) The department will declare an air quality advisory if, in its j udgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declar es an air quality advisory under (b) of this section, the department will

(1) request voluntary emission curtailmen ts 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 take n to protect public health.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.250. PROCEDURES AND CRIT ERIA FOR REVISING AIR QUALITY CLASSIFICATIONS.

(a) Except for the Class I areas identified in 18 AA C 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 ai r quality classification.

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

(1) a national park or national wilderne ss area established af ter August 7, 1977; or

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

national lakeshore or seashore.

(c) The department will, on its own mo tion, 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, comb ine 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 repor t prepared under (d ) of this section available to the public du ring the public comment period provided under AS 44.62.210.

(d) Before proposing a change to a geographi c air quality classifi cation, 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 propos ed classification;

(3) a statement of the reasons why the ch ange to the air quality classification is proposed and is in th e public interest;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 44 (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

(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 s ubject 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 qual ity in other geographic areas classified in 18 AAC 50.015(c) of any proposed new or modi fied 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 classifica tion 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 governme nts 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 leas t 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, economi c, social, and energy effects of the change are in the public interest; andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 45 (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

(3) for a reclassification of an area to Cla ss 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 mana ger” has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and adopted by reference.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.260. Guidelines for Best Availa ble 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(Definitions), revise d as of July 1, 2007, except that

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

(B) “major stationary source” has the meaning given in AS 46.14.990 and 18 AAC 50.990;

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

(D) “stationary source” has th e 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 identifi ed 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 approve d 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:Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 46 (1) the owner or operator shall:

(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 af ter the later of December 30, 2007 or the date of the department’s notice u nder (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 submis sion 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 prot ocol, 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 an alysis report, including all supporting documentation, to the department no later than 60 days after the department approves a modeling prot ocol for the visibility impact analysis; if a modeling protocol is submitted and approved prior to December 30, 2007, the visibility imp act analysis report required under

this section shall be submitted no la ter 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 su bsection and the information submitted adequately demonstrates that the BA RT-eligible source is not reasonably anticipated to cause or contri bute to any impairment of vi sibility in a Class 1 Area identified in the notice provide d under (b) of this section;

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

(A) submit a BART control analysis unde r (d) and (e) of th is section; orAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 47 (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;

(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 th is subsection; if the decision is to approve an exemption, either through visibility impact analysis or an owner-requested limit, the department will explain what requirem ents of this secti on 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 depa rtment denies the exemption re quest under (c) of this section, the owner or operator shall s ubmit a BART assessment modeling protocol that meets the requirements of (h)(3) of this section for c ontrol technology visibility impact analysis modeling no more than 30 days af ter 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 reque st 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 a nd notify the owner or operator of the reasons for the disapproval.

(e) For purposes of analyzi ng 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 SO 2 , NO x , and PM 10

.

(g) If an owner or operator elects to appl y, 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 im pact analysis for the emission units and pollutants to which the controls ar e to be or have been applied.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 48 (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 te chnology and each potential BART control option consistent with the approved mode ling protocol compared to the annual average default natural visibility condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule , EPA454/B-03-005, dated September 2003 and adopt ed by reference, at each Class I

area identified in the noti ce under (b) of this section.

(3) be conducted in a manne r 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 revi ew 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 fo r a source subject to BART. The department will establish a reasonable deadline for submitting the information after consulting the owner or ope rator. The owner or operator shall provide

such information no later than the de adline 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 BA RT analysis under (e) of this section, the department will publish a notice of its preliminary BART determination and provide atAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 49 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 heari ng only if one is requested within 15 days after publica tion of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after consideration of comments and testimony r eceived, the department will make a final BART determination and provide written not ice to each owner or operator, EPA, each affected federal land manager, and any pe rson who commented on the preliminary BART

determination. In the final BART dete rmination, 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 de termination 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 practicab le, but in no case more than five years after the date of EPA approval of the regional haze state impl ementation plan required under 42 U.S.C. 7410 and 7491, the owner or operator of a sour ce that is subjec t 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 require d to install control equipment to comply

with the BART determination shall:

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

(2) conduct monitoring, recordkeeping, a nd reporting in accordance with the

methods set out in the final BART determination.

(p) Department services under this secti on are designated regula tory 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(j)Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 50 (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 re ference 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 th e daily deciview when compared against natural conditions; for the purposes of this paragraph, “natural conditions” includes naturally 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” ha s 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 re lative change in visibility between pre-BART controls and post-BART cont rols 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.

Editor’s note: The Guidance for Estimating Natural Vi sibility 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 th is section, contact the Department

of Environmental Conservation, Air Quality Division at (907) 465-5100.

State effective: 12/30/07; EPA effective: 3/18/13

Article 3. Major Stationary Source Permits.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 51 18 AAC 50.301. PERMIT CONTINUITY.

(a) An air quality permit that is effec tive 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

(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 be fore or after October 1, 2004; and

(2) department will process the appli cation in accordance with the applicant’s

request.

State effective: 10/1/04; EPA effective: 9/13/07

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) (Cl ean Air Act sec. 112(i)). The owner or operator must obtain one or more of the fo llowing types of construction permits, as applicable:

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

(2) a nonattainment area major stat ionary 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 si ngle permit application, and the department will issue a single permit incorporating all applicable construction permit requirements.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.306. PREVENTION OF SIGN IFICANT DETERIORATION (PSD)

PERMITS.

(a) An owner or operator must obtain a prev ention of significant deterioration (PSD)Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 52 permit under this section before beginning actua l construction of a ne w major stationary source, a major modification, or a PAL major modification.

(b) To satisfy the requirement of (a) of th is section, the owner or operator must comply with the requirements of 40 C.F.R. 5 2.21, 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), (l)(2), and (p)(2), and in the second reference to “the Administrator” in 40 C.F.R. 52.21(y)(7); and

(B) “department” elsewhere;

(2) each reference in 40 C.F.R. 52.21 to th e date “March 3, 2003” is revised to read “the date that the Clean Unit applicability test becomes effective as an element of the

EPA

- approved Alaska state implementation plan”;

(3) in 40 C.F.R. 52.21(y)(3)(iii), the phr ase “before December 31, 2004” is revised to read “within two years after the date th at the Clean Unit applicability test becomes

effective as a n element of the EPA

- approved Alaska state implementation plan”;

(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. 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:

(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 a ccordance 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 inte grated review will be processed in accordance with procedures and deadlines described in 18 AAC 50.326.

(d) In each PSD permit issued under this sect ion, the department will include terms andAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 53 conditions

(1) as necessary to ensure that the pe rmittee will construct and operate the proposed stationary source or modifica tion in accordance with this section, including terms and

conditions consistent with AS 46.14. 180 that require the permittee to

(A) install, use, and main tain monitoring equipment;

(B) sample emissions according to the me thods prescribed by the department, at locations and intervals specified by the department, and by procedures specified by the department;

(C) provide source test reports, monitori ng data, emissions data, and information from analysis of any test samples;

(D) keep records; and

(E) make periodic reports on proces s 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 ma y 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.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.311. NONATTAINMENT ARE A 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 modificati on for a nonattainment pollutant in a nonattainment area, an owner or operator mu st 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 substantia ting 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 theAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 54 stationary source or modification; and

(C) description of the proposed reduc tions in actual emissions used to demonstrate satisfaction of the requireme nts in (B) of this paragraph; the description must include

(i) from each stationary source provid ing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(4); and

(ii) a certification that proposed redu ctions in actual emissions will occur

before the onset of emission increas es 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 out weigh the environmental and social costs incurred, considering factors su ch as alternative sites, si zes, 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 propos ed permit or proposed denial. The department will issue a permit only if the depa rtment 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 unde r 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, in cluding terms and conditions consistent with

AS 46.14.180 for

(A) installation, use, and mainte nance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department, at locations and intervals specified by th e department, and by procedures specified by the department;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 55 (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 proce ss 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.

State effective: 10/1/04; EPA effective: 9/13/07

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, excep t 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

(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 reissu ance, 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 enforcemen t 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.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 56 (f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modi fication, revocation and reissuance, or termination or a notification of planned ch anges 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 departme nt or an inspector authorized by the department, upon presentation of credentials a nd 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 s ource, equipment, practices, or operations regulated by or referenced in the permit; and

(4) sample or monitor substances or para meters to assure compliance with the permit or other applicable requirements.

(i) The permittee shall furnish to the de partment, within a reasonable time, any information that the department requests in wr iting to determine whether cause exists to modify, revoke and reissue, or terminate the permit or to determine compliance with the permit. Upon request, the permittee shall furn ish to the department copies of records required to be kept by the permit. The department may require the permittee to furnish copies of those record s directly to the federal administrator.

(j) The permittee shall certify all reports, co mpliance certifications, or other documents submitted to the department and required under the permit by including the signature of a responsible official for the permitted stati onary source following the statement: “Based

on information and belief formed after reasona ble inquiry, I certify that the statements

and information in and attached to this doc ument 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 explic itly required by the permit, the permittee shall conduct source testing as requested by the de partment 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 ifAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 57 the extension is approved in writing by the department’s appropria te division director or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the department. The plan must include the met hods and procedures to be used for sampling, testing, and quality assurance and must spec ify how the source w ill operate during the test and how the permittee will document th at operation. The permittee shall submit a complete plan within 60 days after receivi ng a request under (k) of this section and at least 30 days before the scheduled date of a ny 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 de partment, the permittee must provide preliminary results in a shorter pe riod of time specified by the department.

State effective: 10/1/04; EPA effective: 9/13/07

Article 5. 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 s ection, except that a permit is not required under this section

(1) before construction, modification, or re location of a new majo r 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 po llutant 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 requi red under 18 AAC 50.311; a minor permit that is required under this para graph 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 sec tion, the owner or operator must obtain a minor permit under this section before c onstruction, operation, or relocation of aAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 58 stationary source containing

(1) an asphalt plant with a rated capacity of at least five to ns per hour of product;

(2) a thermal soil remediati on unit with a rated cap acity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capac ity 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

(6) a Port of Anchor age stationary source.

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

(1) construction of a new stationary sour ce 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) construction or, if not al ready authorized in a permit under this chapter, relocation

(A) on or after December 3, 2005 of a porta ble 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) wit hout 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 ar ea established under 18 AAC 50.025(c); orAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 59 (3) a physical change to or 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

(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

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

(i) 10 TPY of PM-10

(i) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

(iv) 100 TPY of carbon monoxide for a stationary source within 10

kilometers of a nonattainment area.

(d) An owner or operator may satisfy th e requirement for a minor permit under this section through a stationary source-sp ecific permit issued under 18 AAC 50.540 – 18 AAC 50.544 or a general minor permit unde r 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 so urce listed in (b) of this section

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

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

(B) apply for a new permit under this section at any time; or

(2) if qualified, may apply for an 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 mayAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 60 (A) continue to operate under that permit, which remains in effect regardless of the stated expiration date in the permit, unless the de partment 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 emi ssions shall be calculated by comparing projected actual emissions to the baseline actual emissions. In determining the projected actual emissions, before be ginning actual construction, the owner or operator of the stationary source shall

(1) consider all relevant information, in cluding historical op erational data, the owner’s or operator’s own representations , the owner’s or op erator’s expected business activity and the owner’s or oper ator’s highest projections of business activity, the owner’s or oper ator’s filings with the st ate or federal regulatory authorities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the exte nt 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 consecu tive 24-month period used to establish

the baseline actual emissions and that are al so unrelated to the particular project, including any increased utiliza tion due to product demand growth.

(f) If the owner or operator elects to base permit applic ability 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 th e 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 a ffected 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 emission s, 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 ne tting calculations, if applicable;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 61 (2) if the emission unit is an existing el ectric 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 th e emissions of any regulated NSR pollutant that could increase as a result of the proj ect and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and main tain a record of the annual emissions, in tons per year on a calen dar year basis, for a period of five years following resumption of regular operations af ter the project, or for a period of 10 years following resumption of regular opera tions after the proj ect 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 depa rtment 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 ca lendar year that preceded submission of the report.

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the de partment if the annual emissions, in tons per year, from the project identifie d in (1) of this subsection, exceed the baseline actual em issions, 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 polluta nt, and if those emissions differ from the reconstruction projection as documented a nd 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 telephon e number of the stationary source;

(B) the annual emissions as calcula ted under (3) of this subsection;

(C) any other information that the owne r 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

(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 polluti on control project (PCP) exclusion under 40 C.F.R. 52.21(z), adopted by reference in 18 AAC 50.040; orAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 62 (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.

(h) For the purposes of this section

(1) “baseline actual emissi ons” has the meaning given in 40 C.F.R. 52.21(b)(48), adopted by reference in 18 AAC 50.040, except th at in that definition the term “major stationary source” is revised to read “sta tionary source within the meaning given in AS 46.14.990”;

(2) “electric utility steam generating un it” 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 m eaning 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 ai r pollutant at a stationary source with existing emissions of that air pollutant grea ter than the amounts listed in (c)(1) of this section; notwithstandi ng 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 emi ssions 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 mo dification requires a minor permit under (c)(3) of this section, ra ther than whether the modification is a major modification;

(4) “projected actual emissi ons” 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 follo wing 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 threshol d in (c)(3) of this

section.

State effective: 12/3/05; EPA effective: 9/13/07

18 AAC 50.508. MINOR PERMITS RE QUESTED BY THE OWNER OR

OPERATOR.

An owner or operator may request a minor permit from the department for

(1) designating an emission unit at a majo r stationary source as a clean unit in accordance with 40 C.F.R. 52.21(y); the provisions of 40 C.F.R. 52.21, adopted by

reference in 18 A AC 50.040, apply to a clean unit designated by a permit issued under this chapter;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 63 (2) approving a project at a major stati onary source for a pollution control project (PCP) exclusion, except for a project that may be designated as a PCP without a permit under 18 AAC 50.509; the provisions of 40 C.F.R. 52.21(z), adopted by reference in 18 AAC 50.040, apply to a PCP exclusion approved under this chapter;

(3) establishing or revising a plantwide applicability limitation (PAL) for a major stationary source; the provis ions of 40 C.F.R. 52.21(aa) , adopted by reference in 18 AAC 50.040, apply to a PAL establishe d or revised under this chapter;

(4) establishing actual emission reductions from an existing st ationary source if requested by that source’s owner or operat or to offset an increase in allowable nonattainment air polluta nt emissions at a

(A) new major stationary source;

(B) major modification; or

(C) PAL major modification;

(5) establishing an owner re quested limit (ORL) for a statio nary source; the owner or operator may avoid a permit classificati on under AS 46.14.130 if the department approves an owner requested limit on the s ource’s ability to emit air pollutants; a limitation approved under an ORL is an en forceable limitation for the purpose of determining

(A) stationary s ource-specific allowable emissions; and

(B) a stationary source’s potential to emit; or

(6) revising or rescinding the terms a nd conditions of a Title I permit issued under this chapter.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.540. MINOR PERMIT: APPLICATION.

(a) Application information. An application for a stationary source-specific minor permit must provide all of the informa tion required by this section, including all information required by the applicable listed fo rms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department’s determina tion. Applications must be on department

forms.

(b) General information. Each application must include the information prescribed by

the Stationary Source Id entification 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 stationaryAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 64 source, a permit application unde r 18 AAC 50.502 must include

(1) the information required in the follo wing 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, modificati on, or relocation of a stationary source, a demonstration that the proposed potential emi ssions from the stationary source will

not interfere with the attainment or mainte nance of the ambient air quality standards;

the ambient demonstration must follow an approved modeling protocol if the department requests a modeling protocol fo r 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 in clude 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 st ationary source in an sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(D) an air pollutant for which the departme nt requests an analysis for a stationary

source classified unde r 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 dem onstration 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 stati onary source, the application must include the information required in the department’s Air Quality Compliance Certification Procedures for Volatile Liqui d Storage Tanks, Delivery Tanks, and Loading

Racks , adopted by reference in 18 AAC 50.030.

(f) Clean units. An application for a minor permit making a clean unit designation must

include a demonstration that the unit meets the criteria fo r a clean unit in 40 C.F.R. 52.21(y)(3) and (4), adopted by reference in 18 AAC 50.040.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 65 (g) Pollution control project (PCP). An application for a minor permit approving a pollution control project (PCP) exclusion must include the information listed in 40 C.F.R. 52.21(z)(3)(i)

– (v), adopted by reference in 18 AAC 50.040.

(h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a pl antwide applicability limita tion (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 evalua te 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 physic al or operational limitations necessary to provide actual emission reductions of th e nonattainment air pollutant; including

(1) a calculation of the expected reduction in actual emissions; and

(2) the emission limitation representi ng that quantity of emission reduction.

(j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) must include th e information and materials required under 18 AAC 50.225(b)(2) – (7).

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditi ons of a Title I permit must include

(1) a copy of the Title I permit that es tablished the permit term or condition;

(2) an explanation of why the permit te rm or condition should be revised or rescinded;

(3) the effect of revising or revoking th e 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 fo r that type of permit, unless the revised

condition would also allow the owner or operator to avoid th e classification.

State effective: 12/3/05; EPA effective: 9/13/07

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 th e 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 th e application qualifie s under (b) and (c) of this section, unlessAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 66 (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 mainta ined 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 pers on 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 inform ation provided by the applicant, and

(B) give any person 15 days to reques t a 30-day public comment period 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, th e owner or operator shall apply online;

(3) for an air pollutant for which a perm it 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 appli cation must include a screening ambient air quality analysis in acco rdance with (c) of this sect ion, unless the department has made a finding in writing that the stationary source or m odification 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 availa ble only if all predicted air pollutant concentrations meet the compliance crit eria 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.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 67 (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 devel oped by the department or otherwise approved by the department that is su itable for fast-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the departme nt would be able to adequately review the resulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorol ogical 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 so urce, 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 con centration 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 char acterizes the stationary source as it existed before the modification and, the sum of the highest ambient air concentration from the previous analysis plus th e highest predicted ambient air concentration resulting

from the increase is less than the concentra tion 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 unde r 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 af ter an application is determ ined 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 prel iminary decision as follows:

(A) the department will provide at least 30 days for the public to submit

comments;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 68 (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 re quests 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 fi nds necessary for informing the public;

(C) the department will make availabl e 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 applica tion, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construc tion permit issued under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an opportunity for public hearing in accor dance 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 in cludes all information re quired by 18 AAC 50.540, and the department finds that the approval crite ria of (f) of this section will be met; the department will include in a prelimin ary permit any conditions necessary to assure compliance with this chapter;

(2) the department will notify the appli cant, and any person who commented on the department’s preliminary decision, of the de partment’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 departme nt will include the reasons

for denial.

(e) Adding a minor permit to a Title V p ermit by administrative amendment. An owner or operator may add the conditions of a minor permit to a Title V permit by

administrative amendment ifAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 69 (1) the minor permit is issued using proce dures 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 stat ionary source or m odification 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 a nd operation of the stationary source will cause an ambi ent 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 qua lity standard for carbon monoxide;

(3) deny a minor permit for a Port of Anc horage 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) approve a minor permit for designating a clean un it, if the department finds that

the emission unit satisfies the criteria fo r a clean unit in 40 C.F.R. 52.21(y), adopted by reference in 18 AAC 50.040;

(5) approve a minor permit to use a pollution control proje ct (PCP) exclusion, if the department finds that the project satisfies the criteria for a PCP in 40 C.F.R. 52.21(z), adopted by reference in 18 AAC 50.040;

(6) approve a minor permit for establishing or revising a PAL, if the department finds

that the emission unit satisfies the criteri a for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the depa rtment 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 limita tion requested under 18 AAC 50.508(4) to establish offsetting emissions, if the departme nt finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 70 (8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5), if the de partment finds that

(A) the stationary source is capab le 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 applic able requirements of this chapter.

(g) Duration . A minor permit issued under this s ection remains in effect until changed by another Title I permit or by an acti on by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopt ed by reference in 18 AAC 50.040, for a clean unit, pollution control project, or 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.

State effective: 12/1/04; EPA effective: 9/13/07

18 AAC 50.544. MINOR PERMITS: CONTENT.

(a) In each minor permit issued und er 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 fe es in accordance with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions es tablished under 18 AAC 50.201; and

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the st ationary source.

(b) In each minor permit under 18 AAC 50.502(b), the department will include

(1) terms and conditions as necessary to ensu re 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 mainte nance 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;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 71 (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 requiri ng the owner or operator to

(A) perform regular maintenance cons idering the manufacturer’s or the operator’s maintenance procedures;

(B) keep records of any maintenance th at would have a si gnificant effect on emissions; the records may be kept in an electronic format; and

(C) keep a copy of either the manufac turer’s or the operator’s maintenance procedures.

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

conditions

(1) as necessary to ensure that the proposed stationary s ource or modification will not

cause or contribute to a viol ation of any ambient air quality standard or the standards of 18 AAC 50.110, or to impose a limit unde r 18 AAC 50.201, including terms and

conditions under AS 46.14.180 for

(A) installation, use, and mainte nance 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) performance tests for emission limits under 18 AAC 50.050 – 18 AAC 50.090; and

(3) maintenance of equipment according to the manufacturer’s or operator’s maintenance procedures.

(d) For each stationary source that is not subject to Title V permitting underAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 72 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance w ith 18 AAC 50.205, of whether the stationary source is still accurately described by the a pplication and minor permit, and whether the owner or operator has made changes that w ould trigger the requirement for a new permit under this chapter. In the minor permit, th e department will set out a time period between required affirmations as appr opriate to the stationary s ource regulated by the minor permit.

(e) In a minor permit that approves a polluti on control project exclus ion in accordance with 40 C.F.R. 52.21(z), adopted by refere nce in 18 AAC 50.040, the department will include the requirements liste d in 40 C.F.R. 52.21(z)(6).

(f) In a minor permit that establishes or revises a plan twide 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 consider s necessary to preven t emissions under the PAL from causing or contributi ng to a violation of an am bient 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), incl uding terms and conditions imposed under

AS 46.14.180 for

(A) installation, use, and mainte nance of monitoring equipment;

(B) sampling emissions according to the methods prescribed by the department and at locations, intervals, and by pr ocedures 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) A minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) consists of a letter of approval from the de partment. In the letter of approval, the department will

(1) describe the terms and conditions of the approval, including the limits, specific testing, monitoring, recordkeepi ng, and reporting requirements;

(2) list all equipmen t covered by the approval;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 73 (3) describe the permit that the limit allo ws the owner or operator to avoid; and

(4) set out the statement “I understand and agree to the terms and conditions of this approval” followed by a space for the owne r’s or operator’s signature; the ORL becomes effective on the date of the signature.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or conditions of a Title I permit, the depart ment 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 opera tor to avoid any preconstruction review under this chapter, the limit remains in e ffect 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 a void preconstruction review; or

(2) made it possible to avoid a Title V pe rmit, the limit remains in effect until the owner or operator obtains

(A) a new Title V permit under this chapte r 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 ope rator to continue to avoid the need for the permit.

State effective: 1/29/05; EPA effective: 9/13/07

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 reque st of the permittee, in accordance with AS

46.14.280.

(b) Notwithstanding (a) of this section, the de partment may revise non

- substan tive elements of a minor permit without further administrative procedures.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.560. GENERAL MINOR PERMITS.

(a) Criteria. The department may issue a general mi nor permit to allow construction or operation of stationary sour ces or emission units that

(1) require a minor permit;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 74 (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 opportuni ty for public comment on the department’s proposed permit by

(1) posting a public notice on the Alaska On line Public Notice System established under AS 44.62.175;

(2) sending a copy of th e notice by mail or electroni c 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 in spection in the affected area

(A) a description of the stationary sources that w ould qualify under the general minor permit;

(B) the results of any department analysis on the effect on air quality;

(C) the reasons for the depa rtment’s proposed action;

(D) a copy of the proposed permit and of the proposed application or notification form;

(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 hear ing; 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 in formation that an applicant must provide to operate under the general minor permit, includingAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 75 (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 c ondition of the general minor permit, the department will require that location information required under this subsection or under (d) – (g) of this section in clude a map and scale drawing;

(2) any information that is necessary to de termine that the stati onary source qualifies for the general minor permit;

(3) identification of all e quipment to be operated under the general minor permit; and

(4) a certification by the appl icant that the stationary sour ce 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 ow ner 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 co mpliance with the gene ral 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 genera l minor permit does not require department approval, and if the stationary source meet s 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 afte r the department receives a completed notification form. The general minor permit au thorizes construction or operation only for

(1) equipment identified in the application or notification; and

(2) a location identifi ed 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 theAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 76 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 notific ation 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 ge neral minor permit.

(g) Relocation. A portable stationary source is aut horized to operate under a general minor permit at additional locations not identif ied 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 m eet all of the permit’s qualifying criteria at

each location.

State effective: 10/1/04; EPA effective: 9/13/07

Article 7. Conformity

.

18 AAC 50.700. PURPOSE OF 18 AAC 50.700 – 18 AAC 50.785.

The purpose of 18 AAC 50.700 - 18 AAC 50.735 is to ensure that a tr ansportation 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 (Fed eral Transit Act).

State effective: 9/4/98; EPA effective: 2/28/00

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 proj ect within a nonattainment or maintenance area that is funded by, or requires approva l under, 23 U.S.C. or 49 U.S.C. 5301 –Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 77 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 th e responsible agency to meet the applicable requirements of 18 AAC 50.700 - 18 AAC 50.735. For purposes of

(1) transportation conformity unde r 18 AAC 50.710 – 18 AAC 50.720, “responsible agency” means the agency that

(A) receives or manages the federal m oney 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 nonfedera l, 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.

State effective: 9/4/98; EPA effective: 2/28/00

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); except (c) & (d)

(4) 40 C.F.R. 93.103 (Priority);

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations); except (d)& (e)(2)

(6) 40 C.F.R. 93.106 (Content of transportation plans);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 78 (7) 40 C.F.R. 93.107 (Relationship of trans portation 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 proce dures for determining conformity of transportation plans, programs , and projects: General); except (c)-(f)

(10) 40 C.F.R. 93.110 (Criteria and proce dures: Latest planning assumptions);

(11) 40 C.F.R. 93.111 (Criteria and pr ocedures: Latest emission model);

(12) 40 C.F.R. 93.112 (Criteria a nd procedures: Consultation);

(13) 40 C.F.R. 93.113 (Criteria and proce dures: Timely implementation of TCMs);

(14) 40 C.F.R. 93.114 (Criteria and procedur es: Currently conf orming transportation plan and TIP);

(15) 40 C.F.R. 93.115 (Criteria and procedur es: Projects from a plan and TIP);

(16) 40 C.F.R. 93.116 (Criteria and procedur es: Localized CO and PM-10 violations (hot spots);

(17) 40 C.F.R. 93.117 (Criteria and proce dures: Compliance with PM-10 control measures);

(18) 40 C.F.R. 93.118 (Criteria and proce dures: Motor vehicl e emissions budget); except for (e)

(19) 40 C.F.R. 93.119 (Criteria and pro cedures: Emission reductions in areas without motor vehicle emissions budgets); except (f)(3)

(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan failures); except (a)(2)

(21) 40 C.F.R. 93.121 (Requirements for adop tion 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)); except (a)(1) & (b)

(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 (hotspot analysis));Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 79 (24) 40 C.F.R. 93.124 (Using the motor vehi cle emissions budget in the applicable implementation plan (or implementation plan submission)); except (b)

(25) 40 C.F.R. 93.125 (Enforceability of de sign concept and scope and project-level mitigation and control measures);

(26) 40 C.F.R. 93.126 (Exempt projects);

(27) 40 C.F.R. 93.127 (Projects exempt fr om regional emissions analyses); and

(28) 40 C.F.R. 93.128 (Traffic sign al synchronization projects).

Editor’s note - The regulations of the Federal Hi ghway Administration and the Federal Transit Authority concerning fi scal 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).

State effective: 9/4/98; EPA effective: 2/28/00

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 governi ng body to determine if that office is aware of any plans for construction of a regionall y 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 in teragency discussion draft, a public review draft, and a final draft of the conformity determina tion through the interagency consultation process described in (b) - (g) of this section with staff of

(A) the department;

(B) the local air qua lity planning agency;

(C) the Alaska Department of Tr ansportation and Public Facilities;

(D) the local transportation agency;

(E) any agency created under state law th at sponsors or approves transportation projects;

(F) the United States Environmental Protection Agency;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 80 (G) the Federal Highw ay 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 lis ted 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 informa tion relevant to the preliminary interagency

discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from pa rticipating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion dr aft; written agency comments and written responses must be included in the record of any conformity decision or action.

(c) In preparing the preliminary interagenc y discussion draft, a staff member of the responsible agency shall consult with the sta ff of the agencies listed in (a)(2) of this

section to

(1) evaluate and choose a traffic de mand and regional emissions model, and associated methods and assumptions to be us ed in a hot-spot anal ysis or a regional emissions analysis;

(2) determine which minor arterials a nd other projects should be considered regionally significant for purposes of a regi onal 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 treat ed as nonexempt if potential regional

emissions impacts or other adverse emissions imp acts 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 impl ementation 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 schedul e 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 fo r TCMs are giving maximum priority toAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 81 approval or funding for TCMs; the intera gency consultation process must also consider whether delays in TCM implemen tation necessitate a re vision to the state implementation plan to remove or to s ubstitute 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 emi ssions analysis suppor ting the currently conforming TIP's conformity determinati on, even if the project is not included in the TIP for the purposes of proj ect selection or endorsement; and

(ii) design concept and scope have not changed significantly from those included in the transportation plan, TIP, or regional emissi ons analysis; or

(B) that, based on the requirements for a project that is not from a conforming transportation plan and TIP, as spec ified in 40 C.F.R. 93.118 and 40 C.F.R. 93.119, adopted by reference in 18 AAC 50.710,

(i) there is a currently conforming transportation plan and TIP, and a new regional emissions analysis that includ es the regionally significant project;

and

(ii) the currently conforming transporta tion plan and TIP will still conform if the regionally significant project is implemented;

(6) identify, as require d 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 a nd roadway emission and dispersion characteristics essentially identical to those at sites that have ai r quality violations verified by monitoring, and that, therefor e, require a quantit ative PM-10 hot-spot analysis; and

(7) notify staff of participating agenci es 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 ag encies 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;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 82 (2) consider an emissions analysis for tr ansportation activities that extend beyond the boundaries of a local governing body, nona ttainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation mode l development by th e local governing body,

such as household or travel transportation surveys.

(e) If the metropolitan pl anning area does not include the entire nonattainment or maintenance area, the interage ncy consultation must include staff of the local governing body and the Alaska Department of Transporta tion 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 consulta tion process, the res ponsible agency shall prepare the public review draf t of the conformity determination, based on changes made to the preliminary draft during the consultati on 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 a nd 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

(2) after the consultation described in (1) of this subsection, issue the final conformity determination to the agencies lis ted in (a)(2) of this section and provide the supporting information upon request.

(h) The department will refer to the gover nor 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 determina tion 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 resolvi ng a conflict under this subsection and deciding whether to concur in the conformity determina tion to a state official or agency other than the department, the Alaska Department of Tran sportation and Public Fa cilities, or a state transportation board or commission.

State effective: 9/4/98; EPA effective: 2/28/00

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 publicAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 83 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, hol d a public hearing or meeting to receive comments on the public review draft of the conformity determination;

(2) consider all comments received a nd prepare a written summary analysis of significant comments; and

(3) specifically address in the summar y analysis all public comments concerning known plans for a regionally significant pr oject 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 region ally significant project is receiving federal funding or approval.

(c) Opportunity for public involvement under this secti on must include access to information, emissions data, analyses, m odels, and modeling assumptions used to perform a conformity determination.

(d) If a project for which the pr ovisions 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 invol vement process under that law constitutes compliance with (a) – (c ) of this section.

State effective: 9/4/98; EPA effective: 2/28/00

18 AAC 50.725. GENERAL CONFOR MITY: INCORPORATION BY

REFERENCE OF FEDERAL REGULATIONS.

In addition to the other requirement s 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 re gulations, as amended through December 1, 1994, which are incorporated by re ference 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);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 84 (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 conform ity determinations of general federal actions).

State effective: 1/4/95; EPA effective: 11/27/95

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

(C) the process for tracking emission reductions from a mitigation measure.

(b) If a mitigation measure involves a sepa rate 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 w ith 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 modificati on supports the conformity determination, using the procedures and criteria se t out in 40 C.F.R. 51.858 and 40 C.F.R. 859,Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 85 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 acco rdance with 40 C.F.R. 51.855, adopted by

reference in 18 AAC 50.725.

State effective: 1/4/95; EPA effective: 11/27/95

18 AAC 50.735. GENERAL CONFORMI TY: FREQUENCY OF CONFORMITY

DETERMINATIONS.

(a) The conformity status of a federal action lapses five years after the date that a final conformity determination is repo rted to the department unless

(1) the federal action is completed before five years has elapsed; or

(2) the federal agency has commenced a c ontinuous program to implement the action

within a reasonable time.

(b) An ongoing federal action showing conti nuous progress is not considered a new action and does not require a periodic rede termination 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 determina tion is made, the federal action is changed so

that there is an increase in the total of direct or indirect em issions above the levels set in 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the fe deral agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by

reference in 18 AAC 50.725.

State effective: 1/4/95; EPA effective: 11/27/95

Article 9. General Provisions

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, onl y the owner or operator of a "small business facility," as that term is defi ned in AS 46.14.990, is elig ible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible sma ll business facility may request a change to aAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 86 requirement under this chapter that

(1) is a work practice or technol ogical method of compliance; or

(2) sets a schedule of mile stones 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 th e proposed change and how the change can adequately substitute for or replace th e 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 modifi cation under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a nd 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 pub lic hearing as provided in AS 44.62.230 if the change would

not cause a violation of

(1) the Clean Air Act;

(2) a federally-enfor ceable requirement; or

(3) state law.

Editor's note : More information on the servic es provided by the small business assistance program referred to in this secti on, 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 th e state air quality control pl an, 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 view ed at any department office or at the Office

of the Lieutenant Governor.

State effective: 10/1/04; EPA effective: 9/13/07

18 AAC 50.990. DEFINITIONS

.

In this chapterAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 87 (1) "actual emissions" has the meaning gi ven in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

(2) “administrator” means the administra tor of the United States Environmental Protection Agency, except as otherw ise provided in 18 AAC 50.306 – 18 AAC 50.326;

(3) "air pollutant" has th e meaning given in AS 46.14.990;

(4) "air curtain incinerator" means a de vice in which large amounts of combustible materials are burned in a rectangular c ontainment equipped with an overfire air

system;

(5) "air pollution" has th e 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" m eans any obligation created by AS 46.14, this chapter, or a term or condition of a prec onstruction 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,

(A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitati on 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 a dded 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 qual ity standards" has the m eaning given in AS 46.14.990;

(11) "approved" means approved by the department;

(12) "asphalt plant" means a stationary s ource 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, transf erring, and storing mi neral filler, systems for mixing, transferring, and st oring asphalt concrete, a nd emission control systemsAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 88 within the stationary source;

(13) "assessable emission" has th e meaning given in AS 46.14.250(h)(1);

(14) “begin actual construction” has th e 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 th e 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,” “Cla ss II area,” and “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Cl ass II, or Class III respectively;

(20) "Clean Air Act" means 42 U.S.C. 7401 - 7671q, as amended through November 15, 1990;

(21) “clean unit” has the meaning given in 40 C.F.R. 52.21(b)(42), adopted by reference in 18 AAC 50.040;

(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 preparati on plant” includes any combination of thermal dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment, breakers and crus hers, coal storage systems, and coal transfer systems within the stationary source;

(23) "commissioner" means the commissi oner of environmental conservation;

(24) "conservation vent" means a vent c ontaining a pressure-vacuum valve designed to minimize emissions of vapors from a st orage tank due to changes in temperature and pressure;

(25) "construct" or "const ruction" has the meaning given to “construction” in AS 46.14.990;

(26) "construction permit" ha s the meaning given in AS 46.14.990;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 89 (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 Depart ment 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 m ean" 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 give n 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;

(38) "fire service" means a

(A) fire department registered with the state fire marshal under 13 AAC 52.030;

and

(B) wildland fire suppression organiza tion within the Department of Natural Resources, United States Forest Servi ce, 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, incine rators, marine vessel s, wood-fired heatingAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 90 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 tr ansfers gasoline from storag e 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, 2003 and adopted by reference; or

(B) for all other stack heights, means th e actual physical he ight 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 s ource” 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 wa ste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means a human ly perceptible change in visibility such as visual range, contrast, or coloration, from that which would exist under natural conditions;

(48) "incinerator" means a device used fo r the thermal oxidation of garbage or other wastes, other than a wood-fired heating de vice, including an air curtain incinerator burning waste other than clean lumb er, wood wastes, or yard wastes;

(49) "industrial process" means the extrac tion of raw material or the physical or

chemical transformation of raw material in either composition or character;

(50) "lowest achievable emission rate" or “LAER” has the meaning given in 40 C.F.R. 51.165(a)(1)(xiii), adopt ed by reference in 18 AAC 50.040;

(51) "maintenance area" means a geographi cal area that EPA previously designated as a nonattainment area and subsequently de signated as an "attainment area" under 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

State effective: 10/1/04; EPA effective: 9/13/07

(52) “major stationary source” means

(A) for the purposes of 18 AAC 50.306, a st ationary source or physical change that meets the definition of “major stationary source” under 40 C.F.R. 51.166(b)(1);Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 91 State effective: 12/9/10; EPA effective: 11/21/12

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

State effective: 10/1/04; EPA effective: 9/13/07

(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);

State effective: 12/9/10; EPA effective: 11/21/12

(B) for the purposes of 18 AAC 50.311, a change that meets the definition of “major modification” unde r 40 C.F.R. 51.165(a)(1)(v);

(54) “make fast to the shore” means to s ecure 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 t echnology” 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" mean s the equilibrium partial pressure exerted by a stored liquid at the lo cal 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 th e meaning given to “modification” in AS 46.14.990;

(60) “Nikiski Industrial Area” means the ar ea of the Kenai Peninsula within Sections 21, 22, 27, and 28, Township 7 North, Range 12 West, Seward Meridian;

(61) "nonattainment air pollutant" means th e air pollutant for which a particular area has been designated by the federal admini strator as nonattainment in 40 C.F.R. 81.302;

(62) “nonattainment area” means, for a par ticular air pollutant, an area designated as nonattainment for that air pollutant;

(63) "nonroad engine" has the meaning give n in 40 C.F.R. 89.2, as revised as of July 1, 2003, adopted by reference;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 92 (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 or ganic compound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means ow ner requested limit;

(69) "owner" has the meaning given in AS 46.14.990;

(70) “PAL major modification” ha s 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, ex cept 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 perm it" 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 stati onary source engaged in the distillation of petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

(75) “plantwide applicability limitati on” or “PAL” means an emission limitation expressed in tons per year, for an air polluta nt at a major stationary source, that is enforceable as a practical matter and esta blished source-wide in accordance with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040;

(76) "PM-10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers;

(77) “pollution control project” or “P CP” has the meaning given in 40 C.F.R. 52.21(b)(32), adopted by reference i n 18 AAC 50.040;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 93 (78) “Port of Anchorage stationary sour ce” 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 pro cedure 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 mate rial capable of bei ng 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 “rec onstruction” have the meani ng given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(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;

State effective: 10/1/04; EPA effective: 9/13/07

(92) “regulated NSR pollutant” has the meaning given in 40 C.F.R. 51.166(b)(49);

State effective: 12/9/10; EPA effective: 11/21/12

(93) "responsible official" means

(A) for a corporation, a pres ident, secretary, treasurer, or vice-president of theAlaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 94 corporation in charge of a principal bu siness function, or a ny other person who performs similar policy or decision maki ng functions for the corporation, or a duly-authorized representative of that pe rson if the representa tive is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or s ubject to a permit under AS 46.14 or this chapter, and

(i) the facilities employ mo re than 250 persons or ha ve gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(ii) the delegation of authority to the representative is a pproved in advance by the department;

(B) for a partnership or sole proprietor ship, a general partner or the proprietor, respectively; and

(C) for a public agency, a principal execu tive officer or ranking elected official; for the purposes of this chapter, a princi pal 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 sta ndby service; “rig day” does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activ ities planned in adva nce designed to keep equipment in good working order;

(97) "shutdown" means performing all ac tivities necessary to cease operation of a

source;

(98) "small business facility" ha s 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 from a furnace or from a boiler’s heat transfer surfaces;

(101) "stack" has the meeting given in AS 46.14.990;

(102) "standard conditions" means dry gas at 68 o F and an absolute pressure of 760 millimeters of mercury;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 95 (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 in to 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 co ntrol technology standard w ith the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emi ssion rate (LAER) standard;

(C) a maximum achievable control t echnology 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 refere nce in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for wh ich the stringency of the standard is

based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” m eans construction that is completed in 24

months or less from the date constructi on 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 fr om 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;

(B) construction permit issued before October 1, 2004; or

(C) permit to operate issued before January 18, 1997;Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 96 (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 part iculate" 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 referen ce in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydroc arbon 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 vapor s 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" m eans a liquid compound or mixtur e of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid load ing 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 st orage vessel that contains a volatile liquid;

(121) “volatile organic co mpound” 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 heavin g in the anchor with intent to retrieve it and get underway, regardless of how th e chain tends when heaving in begins;

(123) "wood-fired heating device" mean s 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, w ood-fired cooking stoves, and combination fuel furnaces or boilers that burn wood; “w ood-fired heating device” does not include a device that is primarily a part of an industrial process and incidentally provides

usable heat for the in terior of a building.Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)

EPA-APPROVED ALASKA REGULATIONS AND STATUTES 97 (124) “portable oil and gas operation” means an operation that moves from site to site to drill or test one or more oil or ga s wells, and that uses drill rigs, equipment associated with drill rigs and drill operati ons, well test flares, equipment associated with well test flares, camps, or equipment associated with camp s; “portable oil and gas operation” does not include well servicing activities ; for the purposes of this paragraph, “test” means a test th at involves the use of a flare;

(125) “well servicing activities” means th e 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.

State effective: 10/1/04; EPA effective: 9/13/07

(129) “ozone” means a colorless gas that has a pungent odor and the molecular form

O 3

. State effective: 4/1/10; EPA effective: 11/21/12