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

Evidence State Has Formally Adopted Plan or Revision :

Adoption Order of Commissioner Larry Hartig signed by Lynn Kent, Deputy Commissioner under delegation from Larry Hartig, Commissioner on July 24, 2012 , with Filing Certification of Lt. Governor Mead Treadwell signed by Lt. Governor Mead Treadwell on August 1 5 , 201 2

.

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

Permanent Filing of Regulation Memo of Lt. Governor Mead Treadwell
dated August 27 , 20 1 2

.

Readoption draft of 18 AAC 50 Air Quality Control Regulations, as adopted on July 24, 2012

.

Adoption draft of 18 AAC 50 Air Quality Control Regulations , As amended through August 1 5 , 201 2 ( with hand written register numb er in header and hand written notes from the Department of Law )

.

# JU2010201992

ORDER ADOPTING CHANGES TO
REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The attached fifteen pages of regulations, dealing with the Air Quality Control, including Title V
Forms is hereby adopted and certified to be a correct copy of the regulation changes that the Department of Environmental Conservation adopts under the authority of AS 46.03 and AS
46.14 and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS 44.62.190 and 44.62.200 and opportunity for public comment under
AS 44.62.210.

This action is not expected to require an increased appropriation.

In considering the public comments, the Department of Environmental Conservation paid special
attention to the cost to private persons of the regulatory action being taken. The Department of
Environmental Conservation also gave special attention to alternate practical methods in this regulatory action, as required by AS 46.03.024.

The regulation changes adopted under this order take effect on the 30th day after they have been
filed by the lieutenant governor as provided in AS 44.62.180.

DATE: July 24,2012 Juneau, Alaska

# V~.......1.~~-g;- L n**~** t, Deputy Commissioner
under a delegation from Larry Hartig, Commissioner Department of Environmental Conservation

FILING CERTIFICATION

I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on

### ~ 

## t- f S"--, 2012, at

### ~.m., I filed the attached regulations according to the provisions

of AS 44.62.040

- 44.62.120.

Effective:

Register:

## DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

AIR QUALITY CONTROL

Public Comment Draft

August 25 , 2011

Comment Period Ends September 30 , 2011 , 5:00 p.m.

Sean Parnell
Governor

Larry Hartig CommissionerRegister ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

2 18 AAC 50.035(a)(7)

– (8) are repealed:

(7) Repealed __/__/____;

(8) Repealed __/__/____.



## ...

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

(9) the department’s Title V Standard Application and Forms , dated {adoption

date of the regulations} ; and

(10) AERSCREEN User’s Guide , EPA

- 454/B

- 11

- 011, dated March 2011

.



## ...

The lead

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

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

21, 2010 [ JULY 1, 2009 ] , are adopted by refere nce:

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

Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register

176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am

__/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

3 The lead

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

(a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New

Stationary Sources), as revised as of May 20, 2011 [ OCTOBER 8, 2009 ] , are adopted by

reference as they apply to a Title V source:



## ...

18 AAC 50.040(a)(2) is amended by adding new sub paragraphs to read:

(RR) Subpart LLLL (Standards of Performance for New Sewage Sludge

Incinerator Units);

(SS) Subpart MMMM (Emissions Guidelines and Compliance Times for

Existing Sewage Sludge Incinerator Units);



## ...

The lead

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

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

Hazardous Air Pollutants), as revised as of October 13, 2010 [ JULY 1, 2009 ] , are adopted by

reference as they apply to a Title V source:



## ...

The lead

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

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

Hazardous Air Pollutants for Source Categories), as revised as of May 20, 2011 [ JULY 30,

2010 ] , are adopted by reference as they apply to a Title V source:



## ...Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

4 18 AAC 50.040(c) is amended by adding a new paragraph to read:

(36) Subpart EEEEEEE (National Emission Standards for Hazardous Air

Pollutants: Gold Mine Ore Processing and Production Area Source Category).



## ...

The lead

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

(d) The provisions of 40 C.F.R. Part 82, as revised as of May 31, 2011 [ JULY 1, 2009 ]

,

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



## ...

The lead

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

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

- 40 C.F.R. 52.96, as revised as of March 11,

2011 [ JULY 1, 2009 ] , as they apply to a Title V source and for purposes of a Title V per mit, are

adopted by reference.



## ...

The lead

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

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

(Revised)), as revised as of July 1, 2010 [ JULY 1, 2009 ] , are adopted by reference.



## ...

The lead

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

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

Plans for Designated Facilities and Pollutants), as revised as of July 1, 2010 [ JULY 1, 2009 ] , are

adopted by reference:



## ...Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

5 18 A AC 50.040(h)(4)(C)(i) is repealed:

(i) repealed __/__/____;



## ...

The lead

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

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

as of December 20, 2010 [ JULY 1, 2009 ] , text setting out provisions that a state implementation

plan shall or may contain is adopted by reference as follows:



## ...

18 AAC 50.040(i)(1)(B)(i) is repealed:

(i) repealed __/__/____;



## ...

18 AAC 50.040 is amended by adding a new subsection to read:

(k) The provisions of 40 C.F.R. Part 64, as rev ised as of July 1, 2010, are adopted by

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

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000,

Register 154; am 6/1/2002, Register 162; am 8/15/2002, Regist er 163; am 10/1/2004, Register

171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am

__/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

6 The lead

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

(c) Except as provided in (c) [AND (e)] of this section,



## ...

The lead

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

(c) [ EXCEPT AS PROVIDED IN ( e ) OF THIS SECTION, A ] A person may substitute

or modify [ AN ] a refined air quality model referenced in (b)(1) of this section only after



## ...

18 AAC 50.215(d) is amended to read:

(d) Table 5 establishes the significant impact level (SIL) , expressed as micrograms per

cubic meter, for each pollutant and averaging period [TIME]. If the ambient impacts from

emissions from a stationary source or modification are less than the concentrations in Table 5,

the emissions are not considered to cause or contribute to a violation of an ambient air quality

standard or maximum allow able increase for a Class II area. The comparison of a modeled

impact to the SIL shall be conducted as follows:

(1) for the PM

- 2.5 SIL or the 1

- hour sulfur dioxide SIL,

(A) compare the highest modeled concentration when using either 1

-

year of meteorol ogical data or screening meteorological data; or

(B) the highest multi

- year average concentration when using a multi

year meteorological data set; and

(2) for all other pollutants and averaging periods, use the highest modeled

concentration.



## ...Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

7 18 AAC 50 .215(e) is amended to read:

(e) A person may use the AERSCREEN [SCREEN3] dispersion model as an allowed

screening technique under Section 4.2.1 of 40 C.F.R. Part 51, Appendix W (Guideline on

Air Quality Models) , adopted by reference in 18 AAC 50.040(f), for estimating the ambient

impacts from on

- shore sources [ WITHOUT MEETING THE REQUIREMENTS OF ( c ) OF

THIS SECTION ], if the analysis conducted with AERSCREEN [SCREEN3] is consistent with

EPA’s AERSCREEN User’s Guide [ SCREEN3 MODEL USER’S GUIDE AND SCREENIN G

PROCEDURES FOR ESTIMATING THE AIR QUALITY IMPACT OF STATIONARY

SOURCES, REVISED ], adopted by reference in 18 AAC 50.035(a)

. (Eff. 1/18/97, Register 141;

am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am

4/1/2010, Regist er 193; am 10/29/2010, Register 196 ; am __/__/____, Register ___ )

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

AS 46.14.030 AS 46.14.180

18 AAC 50.220(c)(3) is amended to read:

(3) standard exhaust gas volumes must include only the volume of gases formed

from the theoretical combustion of the fuel, plus the excess air volume normal for the specific

emission unit [ SOURCE ] type, corrected to standard conditions.

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

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

8 18 AAC 50.225(b)(6) is amended to read:

(6) citation to each requirement that the person see ks to avoid [, INCLUDING ]

and 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 , including a calculation of the potential

emissions from the entire source and how the proposed limit affects those emissions ;



## ...

18 AAC 50.225 is amended by adding a new section to read:

(i) If an owner or operator requests a limit under this section for a stationary source

which already has one or more limits approved under this section, the owner or operator shall

provide a copy of the existing limits with the information provided under (b) of this section.

This copy is required regardless of whether the new limit will apply to emission units regulated

under the existing limits. If the department makes a preliminary decision to approve the new

limit, the department will combine the new limit and the existing limits into a single limit and

process this single limit in accordance with (d)

– (g) of this section. The existing limits remain

in effect until the effective date of the new limit, unless revoked earlier in accordance with (h) of

this section.

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

1/29/2005, Register 173; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am

__/__/____, Register ___ )

Authority: AS 46.14.020 AS 46.03.020 AS 46.14.140

AS 46.14.030 AS 46.14.120Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

9 18 AAC 50.302(b) is amended to read:

(b) If a stationary source or modification requires [ MAY REQUIRE ] permits under

more than one section in this chapter, the owner or operator may file a single permit application,

and the department will issue a single permit incorporating all applicable construction permit

requirements.

(Eff.10/1/2004, Register 171; am 12/9/2010, Register 196 ; am __/__/____, Register ___ )

Authority : AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

18 AAC 50.326(c) is amended to read:

(c) Applications. For the purposes of 40 C.F.R. 71.5(a)(1)(i) and (ii), a timely

application is one that satisfies AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i)

- (ii) do not apply.

Application fees must be paid in accordance with 18 AAC 50.400

– 18 AAC 50.430. To

establish confidentiality for information submitted to the department, the owner and operator

must satisfy the requirements of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The

requirements of 18 AAC 50.205 apply to a permit application, report, or compli ance certification

under this section, and 40 C.F.R. 71.5(d) does not apply. A n applicant for an operating

permit, modification or revision to an operating permit, or renewal of an existing operating

permit shall use the Title V Standard Application and F orms , adopted by reference in

18 AAC 50.035(a)(9). The owner or operator of an existing Title V source who is planning a

modification that requires a Title I permit as well as an operating permit modification may

request eitherRegister ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

10 

## ...

The lead

- in lang uage of 18 AAC 50.326(i) is amended to read:

(i) Applications

– insignificant emission units: administratively insignificant

emission units [SOURCES]. The following emission units might have significant emissions,

but are considered administratively insignificant emission units for the purpose of operating

permit applications:

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

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190

AS 46.14.010 AS 46.14.150 AS 46.1 4.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

18 AAC 50.345(m) is amended to read:

(m) Before conducting any source tests, the permittee shall submit a plan to the

department. The plan must in clude the methods and procedures to be used for sampling, testing,

and quality assurance and must specify how the emission unit [ SOURCE ] will operate during

the test and how the permittee will document that operation. The permittee shall submit a

complete plan within 60 days after receiving a request under (k) of this section and at least 30

days before the scheduled date of any test unless the department agrees in writing to some other

time period. Retesting may be done without resubmitting the plan.

(Ef f. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004,

Register 171; am 11/9/2008; am __/__/____, Register ___)Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

11 Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020

The lead

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

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

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

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

from July 1 through the following June 30. Each annual permit fee is one

- fifth of the [TOTAL

ORIGINAL PERMIT COST OR] total cost of permit renewal. For an initial Title V permit,

the annual permit fee is collected starting the first July after the permit is issued. [AN

ANNUAL PERMIT FEE LISTED IN THIS SUBSECTION FOR AN ORIGINAL PERMIT IS

APPLICABLE FOR FIVE YEARS FOLLOWING THE DATE OF THE APPLICATION FOR

THE ORIGINAL PERMIT. AN ANNUAL PERMIT FEE LISTED IN THIS SUBSECTION

FOR RENEWAL OF A PERMIT IS COLLECTED IN SUBSEQUENT YEARS AFTER THE

FEE FOR AN ORIGINAL PERMIT UNDER 18 AAC 50.410(J) IS PAID IN FULL OR AFTER

A RENEWAL PERMIT IS ISSUED. IF A TITLE V SOURCE HAS BEEN ISSUED A TITLE

V PERMIT BEFORE JANUARY 29, 2005, THE PERMITTEE, OWNER, OR OPERATOR

SHALL PAY THE APPLICABLE ANNUAL FEE FOR PERMIT RENEWAL.] The following

permit administration fees apply to Title V sources:



## ...Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

12 18 AAC 50.400(i) is amended to read:

(i) Except as provided in (j)(20) of this section, the fee for department review of a

request for [APPROVAL OF] open burning under 18 AAC 50.065 is $200.



## ...

18 AAC 50.400(j)(19) is amended to read:

(19) department review [APPROVAL] of a modeling protocol;



## ...

18 AAC 50.400(j)(20) is amended to read:

(20) department review of a request for [ APPROVAL OF] open burning under

18 AAC 50.065, if the department determines that smoke incursion into a public place, into an

airport, into a Class I area, into a nonattainment area for carbon monoxide or PM

- 10, or into a

maintenance area for carbon monoxide or PM

- 10 is likely;

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

12/1/2004, Register 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am

7/25/2008, Register 187; am 7/1/2010, Register 194; am __/__/____, Registe r ___)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.540(k)(3)(C) is amended to read:

(C) the underlying ambient demonstration, if any [ IF REQUIRED

UNDER (C)(2) OF THIS SECTION ] ; andRegister ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

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

7/25/2008, Register 187; am 12/9/2010, Register 196; am 12/9/2010, Register 196 ; am

__/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130 AS 46.14.180

AS 46.14.020 AS 46.14.140

18 AAC 50.990(92) is repealed:

(92) repealed __/__/____;

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

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

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

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

7/25/2008, Register 187; a m 4/1/2010, Register 193; am 12/9/2010, Register 196 ; am

__/__/____, Register ___ )

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.28 5

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993Register ____, ________ 2011 E NVIRONMENTAL CONSERVATION DRAFT

14 18 AAC 50.990 Editor’s Note is deleted:

[ EDITOR ’ S NOTE: THE JULY 1, 2009 V ERSION OF 40 C.F.R. 51.166(B)(49)

CONTAINS A PRINTING ERROR. THE CORRECT DEFINITION FOR “REGULATED NSR

POLLUTANT” MAY BE FOUND IN 73 FED. REG. 28347 (MAY 16, 2008).]Mead Treadwell
Lieutenant Governor
State Capitol Juneau, Alaska 99811
907.465.3520 465.5400 Fax

WWW.LTGOV.ALASKA.GOV 530 West i h Ave, Suite 1700 Anchorage, Alaska 99501

907.269.7460 269.0263

LT.GOVERNOR@ALASKA.GOV

TO:

FROM:

DATE:

RE: OFFICE OF THE LIEUTENANT GOVERNOR
ALASKA

MEMORANDUM

Gary Mendivil, AAC Contact Department of Environmental Conservation

Scott Clark Special Assistant
907.465.4081

August 27,2012

Filed Permanent Regulations: Department of Environmental Conservation

Regulations re: air quality, material adopted by reference, and "Title V" permits: 18 AAC 50.035(a); 18 AAC 50.040); 18 AAC 50.215; 18 AAC 50.220(c)(3) ); 18 AAC 50.225(i) );
18 AAC 50.302(b); 18 AAC 50.326(c); 18 AAC 50.345(m); 18 AAC 50AOO(a),(i),(j); 18
AAC 50.540(k)(3)(C); 18 AAC 50.990(91), (92)

Attorney General File: JU2010201992

Regulation Filed: 8/15/2012

Effective Date: 9/14/2012

Print: 203, October 2012

cc with enclosures: Linda Miller, Department of Law
Kristen Peterson, Administrative Regulation Review Committee Judy Herndon, LexisN exisRegister ___, _______ 2012 ENVIRONMENTAL CONSERVATION

1 18 AAC 50.035(a) is amended to read:

(a) The following documents are adopted by reference:

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

August 2008;

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

454/R

- 92

- 023, October 1992;

(3) the United States Environmental Protectio n Agency's (EPA) publication

AP

- 4 2, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area

Sources , Fifth Edition with Supplements A

- F an d annual updates, as updated through December

2007;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications

,

EPA 454/R

- 99

- 005, February 2000;

(5) Ambient Monitoring Guidelines for Prevention of Significant Deterioration

(PSD) , EPA 450 /4

- 87

- 007, May 1987;

(6) the department's Title V Standard Application and Forms , revised as of

March 2012 [REPEALED 4/8/2012];

(7) AERSCREEN User's Guide , EPA

- 454/B

- 11

- 011, dated March 2011

[ SCREEN3 MODEL USER'S GUIDE, EPA 454/B

- 95

- 004, DATED SEPTEMBER 1995; AND

(8) SCREENING PROCEDURES FOR ESTIMATING THE AIR QUALITY

IMPACT OF STATIONARY SOURCES, REVISED, EPA

- 454/R

- 92

- 019, DATED OCTOBER

1992 ].Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

2 The lead

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

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

2011 [ JULY 1, 20 1 0 ] , are adopted by reference:



### . . .

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

Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register

176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am

9/17/2011, Register 199 ; am 4/8/2012, Register 202; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

The lead

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

(a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New

Stationary Sources), as revised as of July 1 , 2011 [ OCTOBE R 8, 2009 ] , are adopted by

reference as they apply to a Title V source , except that the provisions adopted by reference in

(2)(JJ) and (LL) of this subsection are adopted by reference as of October 8, 2009 as they

apply to a Title V source :



### . . .

18 AAC 50.040(a)(2) is amended by adding new subparagraphs to read:

(RR) Subpart LLLL (Standards of Performance for New Sewage Sludge

Incinerat ion Units);Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

3 (SS) Subpart MMMM (Emissions Guidelines and Compliance Times for

Existing Sewage Sludge Incinerat ion Units );

The lead

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

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

Hazardous Air Pollutants), as revised as of July 1, 2011 [ JULY 1, 2009 ] , are adopted by

reference as they apply to a Title V source:



### . . .

The lead

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

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

Hazardous Air Pollutants for Source Categories), as revised as of February 17 , 2011 [ JULY 30,

2010 ] , are adopted by reference as they apply to a Title V source:



### . . .

18 AAC 50.040(c) is amended by adding a new paragraph to read:

(36) Subpart EEEEEEE (National Emission Standards for Hazardous Air

Pollutants: Gold Mine Ore Proces sing and Production Area Source Category).

18 AAC 50.040(d) is amended to read:

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2011 [ JULY 1, 2009 ]

,

are adopted by reference to the extent that they apply to a Title V source.Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

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

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

- 52.97 [ 40 C.F.R. 52.70

- 40 C.F.R. 52.96 ] , as

revised as of July 1, 2011 [ JULY 1, 2009 ] , as they apply to a Title V source and for purposes of

a Title V per mit, are adopted by reference.

18 AAC 50.040(f) is amended to read:

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

[ (R EVISED ) ] ), as revised as of July 1, 2011 [ JULY 1, 2009 ] , are adopted by reference.

The lead

- in language of 18 AAC 50. 040(g) is amended to read:

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

Plans for Designated Facilities and Pollutants), as revised as of July 1, 2011 [ JULY 1, 2009 ] , are

adopted by reference:



### . . .

The lead

- in la nguage of 18 AAC 50.040(h)(4)(A) is amended to read:

(A) the following provisions are not adopted, and the terms defined

[DERIVED] in those provisions [PROVISION] have the meanings given in

AS 46.14.990 and 18 AAC 50.990:



### . . .Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

5 18 AAC 50.040(h)(4)(C) is amended to read:

(C) 40 C.F.R. 52.21(b)(51) ("reviewing authority") is [ THE

FOLLOWING PROVISIONS ARE ] not adopted, and the term [TERMS] defined in that

provision has the meaning [ 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") ] ;

The lead

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

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

as of J uly 1, 2011 [ JULY 1, 2009 ] , text setting out provisions that a state implementation plan

shall or may contain is adopted by reference as follows :



### . . .

The lead

- in language of 18 AAC 50.040(i)(1)(B) is amended to read:

(B) the following provisions are no t adopted, and the terms defined in

those provisions have the meaning given in 18 AAC 50.990 [ AS 50.990 ] :



### . . .

18 AAC 50.040 is amended by adding a new subsection to read:

(k) The provisions of 40 C.F.R. Part 64, as revised as of July 1, 201 1 , are adopted byRegister ___, _______ 2012 ENVIRONMENTAL CONSERVATION

6 reference to the extent that they apply to a Title V source. ( Eff. 1/18/97, Register 141; am

6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002,

Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register

176; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

Editor's note: The federal standards adopted by reference in 18 AAC 50.040 may be

reviewed at the department's Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emission standard that is

not at a stationary source subject to a Title V permit should contact the United States

Environmental Protection Agency.

As of Register 199 (October 2011), the regulations attorney made a technical revision

under AS 44.62.125(b)(6), to 18 AAC 50.040(a).

The July 1, 2011 publication of 40 C.F.R. Part 60, Subparts LLLL and MMM M

contain s printing errors: Annotations that follow those provisions incorrectly describe the

United States Environmental Protection Agency as having indefinitely delayed their

effective dates.

The lead

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

(b) Except as provided in (c) [AND (e)] of this section,



### . . .Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

7 The lead

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

(c) A [ EXCEPT AS PROVIDED IN ( e ) OF THIS SECTION, A ] person may substitute

or modify a refined [ AN ] air quality model referenced in (b)(1) of this section only after



### . . .

18 AAC 50.215(d) is amended to read:

(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic

meter, for each pollutant and averaging period. If the ambient impacts from emissions from a

stationary source or modification are less than the concentrations in Table 5, the emissions are

not considered to cause or contribute to a violation of an ambient air quality standard or

maximum allowable increase for a Class II area. A person sh all conduct the comparison of a

modeled impact to the significant impact level as follows:

(1) for the PM

- 2.5 significant impact level , or for the one

- hour sulfur dioxide

significant impact level, the person shall compare

(A) the highest modeled concentration when using either one year of

meteorological data or screening meteorological data; or

(B) the highest multi

- year average concentration when using a multi

year meteorological data set; and

(2) for all other pollutants and averaging periods, the person shall use the

highest modeled concentration.Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

8 18 AAC 50.215(e) is amended to read:

(e) A person may use the AERSCREEN [SCREEN3] dispersion model as an allowed

screening technique under Section 4.2.1 of 40 C.F.R. Part 51, Appendix W (Guideline on

Air Quality Models) , adopted by reference in 18 AAC 50.040(f), for estimat ing the ambient

impacts from on shore sources [

, WITHOUT MEETING THE REQUIREMENTS OF ( c ) OF

THIS SECTION ], if the analysis conducted with AERSCREEN [SCREEN3] is consistent with

EPA ' s AERSCREEN User’s Guide [ SCREEN3 MODEL USER’S GUIDE AND SCREENING

PROCEDURES FOR ESTIMATING THE AIR QUALITY IMPACT OF STATIONARY

SOURCES, REVISED ], adopted by reference in 18 AAC 50.035(a)

. (Eff. 1/18/97, Register 141;

am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am

4/1/2010, Register 193; am 10/29/2010, Register 196 ; am 9/17/2011, Register 199 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14. 14 0 Sec. 30, ch. 74, SLA 1993

AS 46.14.0 3 0 AS 46.14. 18 0

18 AAC 50.220(c)(3) is amended to read:

(3) standard exhaust gas volumes must include only the volume of gases formed

from the theoretical combustion of the fuel, plus the excess air volume normal for the specific

emission unit [ SOURCE ] type, corrected to standard conditions.

( Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 9/17/2011, Register 199 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

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

18 AAC 50.225 is amended by adding a new subsection to read:

(i) If an owner or operator requests a limit under this section for a stationary source that

already has one or more limits approved under this section, the owner or operator shall provide a

copy of all existing limits with the information provided under (b) of this section. This copy is

required regardless of whether the new limit will apply to emission units regulated under any

existing limits. If the department makes a preliminary decision to approve the new limit, the

department will combine the new limit and all existing limits into a single decisional document

and process it in accordance with (d)

- (g) of this section. All existing limits remain in effect

until the effective date of the new decision , unless revoked earlier in accordance with (h) of this

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

1/29/2005, Register 173; am 7/25/2008, Register 187; am 12/9/2010, Register 196 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.03 0 AS 46.14.140

AS 46.14.02 0 AS 46.14.12 0

18 AAC 50.302(b) is amended to read:

(b) If a stat ionary source or modification requires [ MAY REQUIRE ] permits under

more than one section in this chapter, the owner or operator may file a single permit application,

and the department will issue a single permit incorporating all applicable construction pe rmit

requirements.Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

10 (Eff. 10/1/2004, Register 171; am 12/9/2010, Register 196 ; am ___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.03 0 AS 46.14.140

AS 46.14.010 AS 46.14.12 0 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

The lead

- in language of 18 AAC 50.326(c) is amended to read:

(c) Applications. To be timely, an application must satisfy [F OR THE PURPOSES

OF 40 C.F.R. 71.5(a)(1)(i) AND (ii), A TIMELY APPLICATION IS ONE THAT SATISFIES ]

AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i)

- (ii) do not apply. To be timely, an application for

renewal must also satisfy 40 C.F.R. 71.5(a)(1)(iii). Application fees must be paid in

accordance with 18 AAC 50.400

- 18 AAC 50.430. To establish confidentiality for information

submitted to the department, the o wner and operator must satisfy the requirements of

AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50.205

apply to a permit application, report, or compliance certification under this section, and

40 C.F.R. 71.5(d) does n ot apply. After { the date that is 180 days after the effective date of the

regulations }, an applicant for an operating permit, modification or revision to an operating

permit, or renewal of an existing operating permit must use the department's Title V

Standard Application and Forms , adopted by reference in 18 AAC 50.035(a). The owner or

operator of an existing Title V source who is planning a modification that requires a Title I

permit as well as an operating permit modification may request either



### . . .Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

11 The subsection heading for 18 AAC 50.326(i) is changed to read:

(i) Applications

- insignificant emission units : administratively insignificant

emission units [SOURCES].



### . . .

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172 ; am 9/17/2011, Register 199 ; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190

AS 46.14.010 AS 46.14.150 AS 46.14.220

AS 46.14.020 AS 46.14.170 AS 46.14.230

AS 46.14.120 AS 46.14.180 AS 46.14.515

AS 46.14.130

18 AAC 50.345(m) is amended to read:

(m) Before conducting any source tests, the permittee shall submit a plan to the

department. The plan must include the methods and procedures to be used for sampling, testing,

and quality assurance and must specify how the emission unit [ SOURCE ] will operate during

the test and how the permittee will document that operation. The permittee shall submit a

complete plan within 60 days after receiving a request under (k) of this section and at least 30

days before the scheduled date of any t est unless the department agrees in writing to some other

time period. Retesting may be done without resubmitting the plan.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004,

Register 171; am 11/9/2008 , Registe r 188 ; am ___/___/____, Register ____)Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

12 Authority: AS 46.03.020 AS 46.14.1 2 0 AS 46.14.1 4 0

AS 46.14.010 AS 46.14.1 3 0 AS 46.14. 18 0

AS 46.14.020

The lead

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

(a) The permittee , owner, or operator of a Title V source described under 18 AAC

50.326 shall pay to the department the annual permit administration fees listed in this subsection.

Permittees will be invoiced in July for each period from July 1 through the following June 3 0.

Each annual permit fee is one

- fifth of the total cost of permit renewal. For an initial Title V

permit, the annual permit fee is collected starting the first July after the permit is issued.

[ AN ANNUAL PERMIT FEE LISTED IN THIS SUBSECTION FOR RENEWAL OF A

PERMIT IS COLLECTED IN SUBSEQUENT YEARS AFTER THE FEE FOR AN

ORIGINAL PERMIT UNDER 18 AAC 50.410(j) IS PAID IN FULL OR AFTER A RENEWAL

PERMIT IS ISSUED. IF A TITLE V SOURCE HAS BEEN ISSUED A TITLE V PERMIT

BEFORE JANUARY 29, 2005, THE PERMITTEE, OWNER, OR OPERATOR SHALL PAY

THE APPLICABLE ANNUAL FEE FOR PERMIT RENEWAL. ] The following permit

administration fees apply to Title V sources:



### . . .

18 AAC 50.400(i) is amended to read:

(i) Except a s provided in (j)(20) of this section, the fee for department review of a

request for [APPROVAL OF] open burning under 18 AAC 50.065 is $200.Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

13 18 AAC 50.400(j)(19) is amended to read:

(19) department review [APPROVAL] of a modeling protocol;

18 AAC 50.400 (j)(20) is amended to read:

( 20 ) department review of a request for [APPROVAL OF] open burning under

18 AAC 50.065, if the department determines that smoke incursion into a public place, into an

airport, into a Class I area, into a nonattainment area for carbon monoxide or PM

- 10, or into a

maintenance area for carbon monoxide or PM

- 10 is likely;

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

12/1/2004, Register 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am

7/25/2008, Register 187; am 7/1/2010, Register 194; am ___/___/____, Register ____)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052 AS 46.03.020 AS 46.14.240

AS 37.10.058

18 AAC 50.540(k)(3)(C) is amended to read:

(C) the underlying ambient demonstration, if any [REQUIRED UNDER

(c)(2) OF THIS SECTION ] ; and

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

7/25/2008, Register 187; am 12/9/2010, Register 196 ; am ___/___/____, R egister ____)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.1 3 0 AS 46.14. 1 80Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

14 AS 46.14.020 AS 46.14.140

18 AAC 50.990(91) is amended to read:

(91) "regulated air pollutant [POLLUTION] " has the meaning given in

AS 46.14.990;

18 AAC 50.990(92) is amended to read:

( 92) "r egulated NSR pollutant " has the meaning given in 40 C.F.R. 5 2 .21(b)(5 0 ),

adopted by reference in 18 AAC 50.040 (h) [40 C.F.R. 51.166(b)(49)] ;

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

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

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

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

7/25/2008, Register 187; am 4/1/2010, Register 193; am 12/9/2010, Register 196; am 9/17/2011,

Register 199 ; am ___/___/____, Register ____)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 4 6.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

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

[ EDITOR'S NOTE: THE JULY 1, 2009 VERSION OF 40 C.F.R. 51.166(b)(49)

CONTAINS A PRINTING ERROR. THE CORRECT DEFINITION FOR "REGULATED

NSR POLLUTANT" MAY BE FOUND IN 73 FED. REG. 28347 (MAY 16, 2008). ]Register

### ;?Q~, 

## tle:-kber 2012 ENVIRONMENTAL CONSER V ATION

18 AAC 5l)'035(a) is amended to read:

(a) The following documents are adopted by reference:

(l) the department's In 5'itu Burning Guide!inesj()r Alaska, Revision I, revised

August 2008;

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

454/R-92-023, October 1992;

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

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

Sources, Fifth Edition with Supplements A

- F and annual updates, as updated through December

2007;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications,

EPA 454/R-99-005, February 2000;

(5) Ambient Monitoring Guidelinesfor Prevention of Significant Deterioration

(PSD), EPA 450/4-87-·007, May 1987;



### (6) the department's Title V Standard Application and Forms: 

### revised as of



### March 2012 [REPEALED 4/8/2012];

(7) AERSCREEN User's Guide, EPA·4541B·1l-011, 

### datfiLMarch 2011

[SCREEN3 MODEL USER'S GUIDE, EPA 454/B-95-004, DATED SEPTEMBER 1995; AND

(8) SCREENING PROCEDURES FOR ESTIMATING THE AIR QUALITY

IMPACT OF STATIONARY SOURCES, REVISED, EPA-454/R-92-019, DATED OCTOBER

1992].

1

### Register2()~, f)c:&kr2012 ENVIRONMENTAL CONSERVATION

The lead-in language of 18 AAC 50.035(h) is amended to read:

(b) The following procedures and methods set out in 40 c.P.R., as revised as of .luly 1,

2011 [lUL Y 1, 2010], are adopted by reference:

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

Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register

176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am

9/17/2011, Register 199; am 4/8/2012, Register 202; am

### ~JJ.t.tlQI2;-Register**'2.o~)**

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140

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

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

(a) The following provisions of 40 C.P.R. Part 60 (Standards of Performance for New

Stationary Sources), as revised as of July 1,**201~** [OCTOBER 8,2009], are adopted by

reference as they apply to a Title V source: except that the provisions adopted by reference in

(2)(.}.}) and O:-IL) of this subsection are adopted by reference,as of October 8, 2009 as they

apply to a Title V source:

18 AAC 50.040(a)(2) is amended by adding new subparagraphs to read:



### eRR) Subpart LLLL (Standards of Performance for New Sewage Sludge

lnc.ineration Units);

2Register 103, {)dvbEr2012 ENVmONMENTAL CONSERVATION

(SS) Subpart MMMM (Emissions Guidelines and Compliance Times for

Existing Sewage Sludge Incineration Units);

The lcad-inlanguage of 18 AAC 50.040(b) is amended to read:

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

Hazardous Air Pollutants), as revised as of July 

### 1, 2011 [JULY 1,2009], are adopted by

reference as they apply to a Title V source:

The lead-in language of 18 AAC 50.040(c) is amended to read:

(c) The fol1owing provisions of 40 C.P.R. Part 63 (National Emission Standards for

Hazardous Air Pollutants for Source Categories), as revised as of February 

### 17,2011 [JULY 30,

2010), are adopted by reference as they apply to a Title V source:

18 AAC 50.040(c) is amended by adding a new paragraph to read:

(36) Subpart EEEEEEE (National Emission Standards for Hazardous Air

Pol1utants: Gold Mine Ore Processing and Production Area Source Category).

18 AAC 50.040(d) is amended to read:



### Cd) The provisions of 40 C.P.R. Part 82, as revised as of 

### luly 1,2011 [JULY 1,2009],

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

3Register.:203, Oclvber2012 ENVIRONMENTAL CONSERVATION

18 AAC 50.040(e) is amended to read:

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

M 52.97 [40 c.P.R. 52.70

- 40 c.P.R. 52.96], as

revised as of July 1,2011 [JULY 1,2009], as they apply to a Title V source and for purposes of

a Title V permit, are adopted by reference.

18 AAC 50.040(f) is amended to read:

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

[(REVISED)]), as revised as of 

### July 1, 2011 [JULY 1,2009], are adopted by reference.

The lead··in language of 18 AAC 50.040(g) is amended to read:

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

Plans for Designated Facilities and Pollutants), as revised as of July 1 1 2011 [JULY 1, 2009], are

adopted by reference:

The lead-in language of 18 AAC SO.040(h)(4)(A) is amended to read:

(A) the following provisions are not adopted, and the terms !lefint;,d

[DERIVED] in those Rrovisions [PROVISION] have the meanings given 

### in

AS 46.14.990 and 18 AAC 50.990:

4Register 203 l0lhber2012 ENVIRONMENTAL CONSERVATION

18 AAC 50.040(h)(4)(C) is amended to read:

(C) 40 C..F.R. 52.21(b)(51) ("reviewing authority") is [THE

POLLOWING PROVISIONS ARE] not adopted, and the term [TERMS] defined in that

provision has the meaning [THOSE PROVISIONS HAVE THE MEANINGS] given in

18 AAC 50.990 [:

(i) 40 C.P.R. 52.21 (b)(50) ("REGULATED NSR

POLLUT ANT");

(ii) 40 c.F.R. 52.21(b)(51) ("REVIEWING AUTHORITY"»);

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



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

as of July 1, 2011 [JULY I, 2009], text setting out provisions tbat a state implementation plan

shall or may contain is adopted by reference as follows:

The lead-in language of 18 AAC SO.040(i)(l)(B) is amended to read:

(B) the following provisions are not adopted, and the terms defined in

tbose provisions have the meaning given in 

### 18 AAC 50.990 [AS 50.990J:



# ...

18 AAC 50.040 is amended by adding a new subsection to read:

(k) The provisions of 40 C.F.R. Part 64, as revised as of July 1,2011, are adopted by

5Register 

### 20 3, Dt.lvbllr2012 ENVIRONMENTAL CONSERVATION

reference to the extent that they apply to a Title V source. (EIT. 1/18/97, Register 141; am

6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/112002,

Register 162; am 8115/2002, Register 163; am 10/112004, Register 171; am 12/3/2005, Register

176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 

### 3JLtLI2012., Register 

### :203)

Authority: AS 46.03.020 AS 46.14.020 AS 46.l4.030

AS 46.14.010



### Editor's note: The federal standards adopted by reference in 18 AAC 50.040 may be

reviewed at the department's Anchorage, Fairbanks, or Juneau office.

The owner or operator of an affected facility subject to a federal emission standard that is

not at a stationary source subject to a Title V permit should contact the United States

Environmental Protection Agency.

As of Register 199 (October 2011), the regulations attorney made a technical revision

under AS 44.62. 125(b)(6), to 18 AAC 50.040(a).



### The JuJy 1, 2011 publication of 40 C.F.R. Part 60, Subparts LLLL and MMM.M,

contains printing errors: Annotations that follow those proyisions incorrectly describe the**Unit~d** 

### States Environmental Protection Agen..fY as having indefinitely delayed their

eff£ctive dates.

The lead-in language of 18 AAC SO.21S(b) is amended to read:

(b) Except as provided in (c) [AND (e)] of this section,



### 6Register 

## 20 3,**()c..ib~",** 20 J 2 ENVIRONMENTAL CONSERVATION

The lead-.in language of 18 AAC SO.21S(c) is amended to read:

(c) A [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, AJ person may substitute

or modi fy !l 

### refined [AN] air quali ty model referenced in (b)( I) of this section only after

18 AAC 50.215(d) is amended to read:

(d) Table 5 establishes the significant impact level, expressed as micrograms per cubic

meter, for each pollutant and averaging period. If the ambient impacts from emissions from a

stationary source or modification are less than the concentrations in Table 5, the elllissions are

not considered to cause or contribute to a violation of an ambient air quality standard or

maximum allowable increase for a Class II area. A 

### gerson shall conduct the comparison of a



### modeled impact to the significant impact level as follows:

(1) for the PM·2.5 significant impact level, or for the one-hour sulfYI,dioxide

significant impact. level, the person shaH compare

LA} 

### the highest modeled concentration when using either one year qf



### meteorological data or screening meteorological data; or

(B) 

### the highest multi-year average concentration when nsing a multiyear meteorological data set; and

(2) 

### for an other pollutants and averaging periods, the person_shall use the

higbest modeled concentration.



### 7Register

### .2n~ 6c.ib<r'2012 ENVIRONMENTAL CONSERVATION

18 AAC S0.21S(e) is amended to read:

(e) A person may use the AERSCREEN [SCREEN3] dispersion model as an allowed

screening technique under Section 4.2.1 of 40 

## C.J:.R. Part 51, Appendix W (Guideline on

Air Quality M.9de1s), adopted by reference in 18 AAC 50.040(f), for estimating the ambient

impacts from onshore sourc.§ [, WITHOUT MEETING THE REQUIREMENTS OF (c) 01:'-

THIS SECTION], if the analysis conducted with AERSCREEN [SCREEN3] is consistent with

EPA'sAERSCREEN User's Guide [SCREEN3 MODEL USER'S' GUIDE AND SCREENING

PROCEDURES FOR ESI1MAT1NG THE AIR QUALITY IMPACT OF STATIONARY

SOURCES, REVISEDj, adopted by reference in 18 AAC SO.03S(a). (En. 1118/97, Register 14J;

am 6121198, Register 146; am 101112004, Register 171; am 712512008, Register 187; am

41112010, Register 193; am 10/2912010, Register 196; am 9117/2011, Register 199; am 

# .:i) i!il 2.0 1 

### 2:; Register 

### 1 0 3 )

Authority: AS 46.03.020

AS 46.14,030 AS 46./4,140

AS 46.14.l80

18 AAC 50.220(c)(3) is amended to read: Sec. 30, ch. 74, SLA 1993

(3) standard exhaust gas volumes must include only the volume of gases formed

from the theoretical combustion of the fuel, plus the excess air volume normal for the specific

emission unit [SOURCE1 type, corrected to standard conditions.

(Eff. 11 18/97, Register 141; am 101112004, Register 171; am 9117/2011, Register 199; am**~/!!LJ** 2()(Z, Register**~3** )

Authority: AS 46.03.020 AS 46.14.020

8 AS 46.14.140Register.fc3.,

### tJJob~r 2012 ENVIRONMENTAL CONSERVATION

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

18 AAC 50.225 is amended by adding a new subsection to read:

(i) If an owner or operator requests a limit under this section for a stationary source that

already has one or more limits approved under this section, the owner or operator shall provide a

copy of all existing limits with the information provided under (b) of this section. This copy is

required regardless of whether the new limit will apply to emission units regulated under any

existing limits. If the department makes a preliminary decision to approve the new limit, the

department will combine the new limit and all existing limits into a single decisional document

and process it in accordance with (d)

- (g) of this section. All existing limits remain in effect

until the effective date of the new decision, unless revoked earlier in accordance with (h) of this

section. (Eff. 1118/97, Register 141; am 6121198, Register 146; am 101112004, Register 171; am

112912005, Register 173; am 712512008, Register 187; am 12/912010, Register 196; am



### -.1..1!!LJ 

### 2D1'b, Register 

### ].03_)

Authority: AS 46.03.020

AS 46.14.020 AS 46.14.030

AS 46.14.120

18 AAC 50.302(b) is amended to read: AS 46.14.140

(b) If a stationary source or modification 

### requires [MA Y REQUIRE] permits under

more than one section in this chapter, the owner or operator may file a single pennit application,

and the department will issue a single permit incorporating an applicable construction permit

requirements.

9Register

### 203,Qt;h,b~r20 12 ENVIRONMENTAL CONSERVATION

(Ell. 10/1/2004, Register 171; am 12/9/2010, Register 196; am

.. 

## !1JJ!iJ '20(2; Register 1:.Q3)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993

AS 46.14.020

The lead-in language of 18 AAC 50.326(c) is amended to read:

(c) Applicat.ions. To be timely, an ap])lication must. sat.isfy [FOR THE PURPOSES

OF 40 C.F.R. 71.5(a)(1)(i) AND (ii), A TIMELY APPLICATION IS ONE THAT SATISFIES]

AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i)

- (ii) do not apply. To be timely, an application fOt:

wewal ..QUIst also satisfy 40 C.F.R.**71.~i!!l(1)(iii).** Application fees must be paid in

accordance with 18 AAC 50.400

- 18 AAC 50.430. To establish confidentiality for information

submitted to the department, the owner ane! operator must satisfy the requirements of

AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50.205

apply to a permit application, report, or compliance certification under this section, and 

## Motrck. I'S '2.E) 

### 13 40 c.F.R. 7 t .S(d) does not apply. After {the date that is 180 days after the effective date o(th,£

regulations}, an applicant for an**op~erl!1ing** permit, modification or revision to an operating

permit, or renewal of an existing o12erating**p~rmit** must use the dC12artment's Title V

Standard Application and Forms, adopted by reference in 18 AAC 50.035(a). The owner or

operator of an existing Title V source who is planning a modification that requires a Title I

permit as weU as an operating permit modifiwtion may request either



# ...

10Register

### f.«r~, 

## D",1vbtr 20 12 ENVIRONMENTAL CONSERV ATION

The subsection heading for 18 AAC 50.326(1) is changed to read:

(i) Applications**~** insignificant emission units: administratively insignificant

emission units [SOURCES]

.



# . . 

# .

(Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 9/1712011, Register 199; am

### ~J!iJJ.OI'b, Register 

### 103 )

Authority: AS 46.03.020

AS 46.14.010

AS 46.14.020

AS 46.14.120

AS 46.14.130 AS 46.14.140

AS 46.14.150

AS 46.14.170

AS 46.14.180

18 AAC 50.345(m) is amended to read: AS 46.14.190

AS 46.14.220

AS 46.14.230

AS 46.14.515

(m) Before conducting any source tests, the permittee shall submit a plan to the

department. The plan must include the methods and procedures to be used for sampling, testing,

and quality assurance and must specify how the emission unti [SOURCE] will operate during

the test and how the permittee will document that operation. The permittee shall submit a

complete plan within 60 days after receiving a request under (k) of this section and at least 30

days before the scheduled date of any test unless the department agrees in writing to some other

time period. Retesting may be done without resubmitting the plan.

(Eff. 1118/97, Register 141; am 6121198, Register 146; am 5/3/2002, Register l62; am 10/112004,

Register 171; am 111912008, Register 188; am**~;J~.J** 10(2, Register 

### ;2.0.3 )

11Rcgistcr 2 

### 0??**6c.{bAl~2012** ENVIRONMENTAL CONSERVATION

Authority: AS 46.03.020

AS 46.14.01 0

AS 46.14.020 AS 46.14.120

AS 46.14.130 AS 46.14.140

AS 46.14.180

The lead-in language of 18 AAC 50.400(a) is amended to read:

(a) The permittee, owner, or operator of a Title V source described under 18 AAC

50.326 shall pay to the department the annual pennit administration fees listed in this subsection.

Permittees wHl be invoiced in July for each period from July 1 through the following June 30.

Each annual permit fee is one-fifth of the total cost of permit renewaL For an initial Title V

nermit, the annual permit fee is collect,ed starting the first Jyl,Y after the permit is issued.

[AN ANNUAL PERMIT FEE LISTED IN THIS SUBSECTION FOR RENEWAL OF A

PERMIT IS COLLECTED IN SUBSEQUENT YEARS AFTER THE FEE FOR AN

ORIGINAL PERMIT UNDER [8 AAC 50.41O(j) IS PAID IN FULL OR AFTER A RENEWAL

PERMIT IS ISSUED. IF A TITLE V SOURCE HAS BEEN ISSUED A TITLE V PERMIT

BEFORE JANUARY 29, 2005, THE PERMITTEE, OWNER, OR OPERATOR SHALL PAY

THE APPLICABLE ANNUAL FEE FOR PERMIT RENEW AL.J The following permit

administration fees apply to Title Y sources:

18 AAC 50.400(i) is amended to read:

(i) Except as provided in (j)(20) of this section, the fee for department review of a

request f(Lf. [APPROY AL OF] open burning under 18 AAC 50,065 is $200.

12Register

### 2o~**C)c.1oh~r2012** ENVIRONMENTAL CONSERVATION

18 AAC 50.400(j)( I 9) is amended to read:

(19) department review [APPROVAL] of a modeling protocol;

18 AAC 50.400U)(20) is amended 

### to read:

(20) department review of a request for [APPROVAL OF) open burning under

18 AAC 50.065, if the department determines that smoke incursion into a public place, into an

airport, into a Class I area, into a nonattainment area for carbon monoxide or PM-1O, or into a

maintenance area for carbon monoxide or PM-lOis likely;

(EtT. 1118/97, Register 141; am 6/21198, Register 146; am 101112004, Register 171; am

1211/2004, Register 172; am 112912005, Register 173; am 12/30/2007, Register 184; am

7/2512008, Register 187; am 71112010, Register 194; 

### am 

## 5l;l!ij2lJI2.., Register .203 )

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140

AS 37.10.052

AS 37.10.058 AS 46.03.020

18 AAC 50.540(k)(3)(C) is amended to read: AS 46.14.240

(C) the underlying ambient demonstration, if any: [REQUIRED UNDER

(c)(2) OF THIS SECTION]; and

(BtT. 10/112004, Register 171; am 121112004, Register 172; am 12/312005, Register 176; am

712512008, Register 187; am 12/9/2010, Register 196; am

### ~;ti IJOf!::., Register 20 

### 3 )

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170

AS 46.14.010 AS 46.14.130

13 AS 46.14.180

### Register2()~,**[)L-.foh.t~2012** ENVIRONMENTAL CONSERVATION

AS 46. 14'()20 AS 46.14.140

18 AA C 50.990(91) is amended to read:

(91) "regulated air pollutant [POLLUTIONj" has the meaning given in

AS 46.14.990;

18 AAC 50.990(92) is amended to read:

(92) "regulated NSR pollutant" has the meaning given in 

### 40 C.F.R. 

### 52.21(b)(50)..1

adopted by reference in 

### 18 AAC 

### 50.040(hz [40 C.F.R. 5 

### 1. 1 66(b)(49)J;

(Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21198, Register 146; am 9/4/98,

Register 147; am 1114/99, Register 152; am 1/112000, Register 152; am 21212002, Register 161;

am 5/3/2002, Register J 62; am J 1115/2002, Register 164; am 8/812003, Register 167; am

10/112004, Register 171; am 12/312005, Register 176; am [2/3012007, Register 184; am

712512008, Register 187; am 41112010, Register 193; am 12/9/2010, Register 196; am 9117/2011,

Register 199; am 

## .!?uJ!LIZO('L,**Register~)**
Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250

AS 46.03.020 AS 46.14.150 AS 46.14.255

AS 46.03.710 AS 46.14.160 AS 46.14.280

AS 46.14.010 AS 46.14.170 AS 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

14Rcgist cr 203,

### Och~r 2012 ENVIRONMENTAL CONSERVATION

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

[EDITOR'S NOTE: THE JULY 1,2009 VERSION OF 40 C.P.R. 51.166(b)(49)

CONTAINS A PRINTING ERROR THE CORRECT DEFINITION FOR "REGULATED

NSR POLLUTANT" MAYBE FOUND IN 73 FED. REG. 28347 (MAY 16, 2(08).J

15

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

. (c)

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03. 765

Alaska Statute 46.03.780

Alaska Statute 46.03.790

Alaska Statute AS 46.142009 Alaska State Statutes relating to Air Quality 1 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Article 01. ORGANIZATION

Sec. 44.46.010. Commissioner of environmental conservation.

The principal executive officer of the Department of Environmental Conservation is the
commissioner of environmental conservation.

Sec. 44.46.020. Duties of department.

(a) The Department of Environmental Conservation shall

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

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

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

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

(5) adopt regulations for

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

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

(C) standards of cleanliness and sanitation in connection with the construction, operat ion, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commer cially compressed air sold for human respiration.

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

(1) the shop be equipped with appropriate sterilizing equipm ent, with availability of hot and cold running water, and with an appropriate waste receptacle;2009 Alaska State Statutes relating to Air Quality 2 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client's most rece nt tattooing and permanent cosmetic coloring or body piercing;

(3) a practitioner in the shop may use only instruments for tattooing and permanent cosmetic coloring or body piercing that have been sterilized in accordance with methods approved by the department.

Sec. 44.46.025. Fees for services.

(a) Except as otherwise p rovided in AS 37.10.050

- 37.10.056, the Department of
Environmental Cons ervation may adopt regulations that prescribe reasonable fees, and establish procedures for the collection of those fees, to cover the applicable direct costs, not including travel except in the case of a designated regulatory service, as that term is defi ned in AS
37.10.058 , of inspections, permit preparation and administrati on, plan review and approval, and other services provided by the department relating to

(1) animals and animal products under AS 03.05; food, drugs, and cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35;

(2) certificates o f inspection for motor vehicles under AS 46.14.400 or 46.14.510;

(3) dri nking water systems under AS 46.03.720 ;

(4) water and wastewater operator training under AS 46.30;

(5) waste management and disposal authorizations under AS 46.03.100 ;

(6) certification of laboratories conducting environmental analyses of public drinking water systems or of oil or hazardous substances, or conducting other analyses required by the department;

(7) certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act);

(8) regulation of point source discharges of pollutants under the program authorized by AS
46.03.020 (12);

(9) regulation of pesticides and broadcast chemicals registered under AS 46.03.320 (a)(4), with a reasonable fee not to exceed $120;

(10) licensing of pesticide applicators under AS 46.03.320 (b), with a reasonable fee not to exceed $25.

(b) The department may no t charge a fee for a service that is provided by a municipality under a delegation by the department to the municipality.2009 Alaska State Statutes relating to Air Quality 3 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (c) The department may adopt regulations that prescribe reasonable fees to cover the direct and indirect costs of air quality permit programs under AS 46.14 and may establish procedures
for the collection of those fees.

(d) Notwithstanding (a) of this section, the department may not charge a fee for inspection, permit preparation and administration, plan review and approval, or other s ervices provided by the department under AS 03.05 or AS 44.46.020 (5) to a school. In this subsection, "school" means a public school or private school for children of school age, as defined in AS 14.03.070

, or a head start center that receives federal financial assistance under 42 U.S.C. 9835.

(e) In (a)(9) and (10) of this section, "reasonable fee" means a fee that does not unduly
interfere in t he conduct of commerce in the state.2009 Alaska State Statutes relating to Air Quality 4 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION

Chapter 46.03. ENVIRONMENTAL CONSERVATION

Article 01. DECLARATION OF POLICY

Sec. 46.03.010. Declaration of policy.

(a) It is the policy of the state to conserve, improve, and protect its natural resources and environment and control water, land, and air pollution, in order to enhance the health, safety, and welfare of the people of the state and their overall economic and social well

- being.

(b) It is the policy of the state to improve and coordinate the environmental plans, functions, powers, and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations, and concerned individuals, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

Article 02. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Sec. 46.03.020. Powers of the department.

The department may

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

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

(3) consult with and cooperat e with

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

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

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

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the accomplishment of the purposes of the department; these activities may be carried out by the personnel of the department or in cooperation with public or private agencies, including educational, civic, and research organizations, colleges, universities, institutes, and foundations;2009 Alaska State Statutes relating to Air Quality 5 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (6) at reasonable times, enter and inspect with the consent of the owner or occupier any property or premises to investigate either actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with a regulation that may b e adopted under AS 46.03.020

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

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

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

(9) act as the official agency of the state in all matters affecting the purposes of the department under fed eral laws now or hereafter enacted;

(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way of example and not limitation, regulations providing for

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

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

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

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

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

(F) control of pesticides;

(G) other purposes as may be required for the implementation of the policy declared in AS
46.03.010 ;

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

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

(12) notwithstanding any other provision of law, take all actions necessary to receive authorization from the administrator of the United States Environmental Protection Agency to
administer and enforce a National Pollutant Discha rge Elimination System program in2009 Alaska State Statutes relating to Air Quality 6 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 accordance with 33 U.S.C. 1342 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended;

(13) require the owner or operator of a facility to undertake monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).



## ...

Sec. 46.03.024. Consideration in adopting pollution regulations.

Notwithstanding another provision of law to the contrary, when adopting a regulation relating to the control, prevention, and abatement of air, water, or land or subsurface land pollution, the department shall give special attention to public comments concerning the cost of compliance with the regulation and to alternate practical methods of complying with the statute being interpreted or implemented by the regulation.



## ...

Sec. 46.03.760. Civil action for pollution; damages.

(a) A person who violates or causes or permits to be violated a provision of this chapter
other than AS 46.03.250

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

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

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

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

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

(c) The court, upon motion of the department or upon its own motion, may defer assessment of all or part of that portion of the sum imposed upon a person under (a)(3) of this section2009 Alaska State Statutes relating to Air Quality 7 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 cond itioned upon the person complying, within the shortest feasible time, with the requirement
for which a violation is shown.

(d) In addition to liability under (a)

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

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

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

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

(3) amounts paid as grants under AS 29.60.510

- 29.60.599 and as emergency first response
advances and reimbursements under AS 4 6.08.070(c); and

(4) all incidental administrative costs.

(e) A person who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.475, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.47 5, AS 46.14, or under the program authorized by AS 46.03.020(12), is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $500 nor more than $100,000 for the initial violation, nor more than $10,000 for each day af ter that on which the violation continues, and that shall reflect, when applicable,

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

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

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

(4) the need for an enhanced civil penalty to deter future noncompliance.2009 Alaska State Statutes relating to Air Quality 8 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (f) An owner, agent, employee, or operator of a commercial passenger vessel, as defined in
AS 43.52.295 , who falsifies a registration or report required by AS 46.03.460 or 46.03.475 or who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.314,
46.03.460

- 46.03.490, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or t erm or condition of a permit, approval, or acceptance issued under
AS 46. 03.250

- 46.03.314, 46.03.460

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

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court according to
th e toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the cou rt, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; this paragraph may not be construed to limit the right of parties other than the state to recover for personal i njuries or damage to their property;

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

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

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

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

Sec. 46.03.761. Administrative penalties.

(a) The department may assess an administrative penalty against an entity that violates or causes or permits to be violated a provision of AS 46.03.720 (b) or a term or condition of a

r egulation, order, permit, approval, or certificate of the department issued or adopted under AS
46.03.720 (b).

(b) Before assessing an administrative penalty under this section, the department shall

(1) communicate about the alleged noncompliance with the entity and the governing body of the community or municipality whose re sidents are served by the public water system; communication under this paragraph must be in language designed to be easily understood by the entity and governing body and must clearly describe the nature of the alleged noncompliance;2009 Alaska State Statutes relating to Air Quality 9 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) offer technical assistance to aid in correcting the alleged noncompliance when the department has reason to believe that the entity may lack the resources or expertise to get technical assistance from other sources; and

(3) unless the alleged noncompliance poses an immed iate threat to the public health, give the entity a reasonable amount of time to correct the alleged noncompliance after the department has complied with (1) and (2) of this subsection.

(c) If, after complying with (b) of this section, the department dete rmines that noncompliance still exists and the violation is subject to a penalty under this section, the department may make a preliminary determination to assess the penalty. The department shall provide notice to the entity of its preliminary determinati on. The entity may, within 10 days after receiving the notice, request the department to reconsider its decision. If a timely request for reconsideration is made, the department shall reconsider its preliminary determination and may affirm or modify the de termination. The department shall notify the entity of the decision. If a timely request for reconsideration is not received or if, after reconsideration, the department determines that a penalty should be assessed, the department may assess the penalty. T he department shall provide notice of the assessment and instructions for contesting and appealing the assessment to the entity by personal service or by certified mail, return receipt requested. The notice must inform the entity of the amount of the propo sed penalty and that the entity has 45 days within which to file a notice with the department contesting the proposed penalty. If, within 45 days after receiving the notification issued by the department, the entity fails to file a notice contesting the pr oposed penalty, the proposed penalty is considered a final order. The department may extend the time periods specified in this subsection for good cause.

(d) If an entity sends notice to the department contesting a proposed penalty under (c) of this
secti on, the department shall afford an opportunity for a hearing in accordance with its adjudicatory hearing procedures. After an opportunity for a hearing, the department shall issue an order, based upon findings of fact, affirming, modifying, or rescinding t he administrative penalty. The order must include notice that the entity may appeal the order to the superior court and the address of the appropriate superior court. The order is the final agency action on the penalty.

(e) An entity against whom an admin istrative penalty is assessed under this section may obtain judicial review of the administrative penalty by filing a notice of appeal in the superior court as provided by the Alaska Rules of Appellate Procedure. An order of the department under (d) of thi s section becomes final and is not subject to review by a court if a notice of appeal is not filed with the superior court within the period provided for by the Alaska Rules of Appellate
Procedure.

(f) Unless the notice of appeal is incomplete or otherwise not in conformance with court rules, a notice of appeal under (e) of this section is considered to be filed with the superior court on the day the entity delivers the appropriate documents and fee to the appropriate superior court. Determining wh ether the notice of appeal is complete and otherwise in conformance with court rules is the responsibility of the superior court.2009 Alaska State Statutes relating to Air Quality 10 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (g) An administrative penalty assessed under this section may not exceed (1) $1,000 a day
for each violation if the affected public water supply system serves a population of more than 10,000 persons; (2) $250 a day for each violation if the affected public water supply system serves a population of 10,000 or fewer persons but more than 1,000 persons; and (3) $100 a day
for each violation if the public water supply system serves 1,000 or fewer persons. Each provision, term, or condition violated is a separate and distinct violation. If a violation of a provision, term, or condition continues from day to day, each day is a separat e violation.

(h) In determining the amount of a penalty assessed under this section, the department shall
consider

(1) the effect of the violation on the public health or the environment;

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

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

(4) any previous history of compliance or noncompliance by the entity with this chapter, AS 46.04, AS 46.09, and AS 46.14;

(5) the need to deter future violations;

(6) the extent and seriousness of the violation, including the potential for the violation to threaten public health or the environment;

(7) whether the entity achieved compliance with the requirement violated within the shortest feasible time; and

(8) other factors considered relevant to the assessment that are adopted by the department in regulation.

(i) If an entity fails to pay an administrative penalty assessed und er this section after the penalty becomes final, the department may bring an action to collect the penalty. The amount of the penalty is not subject to review by the court in such an action.

(j) In a collection action under (i) of this section, the court shall award the prevailing party full reasonable attorney fees and costs incurred in the collection action.

(k) Action under this section by the department does not limit or otherwise affect the authority of the department to otherwise enforce this chapter, AS 46.04, AS 46.08, AS 46.09, AS 46.14, or regulations adopted under those statutes, or to recover damages , restoration expenses, investigation costs, court costs, attorney fees, or other necessary expenses. The court shall set off against a judicial civil assessment subsequently awarded under AS 46.03.760 an amount ordered to be paid under this section by the same entity for the same violation.2009 Alaska State Statutes relating to Air Quality 11 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (l) In this section, "entity" means the owner or operator of a public water system.



## ...

Sec. 46.03.765. Injunctions.

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



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Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46 .14, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the death of fish, animals, or vegetation or otherwise in jures or degrades the environment of the state is liable to the state for damages.

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

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

Sec. 46.03.790. Criminal penalties.

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

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

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

, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation adopted by the department
under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;2009 Alaska State Statutes relating to Air Quality 12 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS
46.03.250

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

- 46.03.313;

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS
46.03.460

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

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

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

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

(d) Notwithstanding (a) of this section, a person who with criminal negligence discharges oil
in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04. 030 , with criminal negligence fails to comply with the plan is guilty of

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

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

(e) [Repealed, Sec. 5 ch 141 SLA 1 990].

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

(g) Notwithstanding AS 12.55.035 (b), upon conviction of a violation of a regulation adopted under AS 46.03.020 (12) or of a violation related to AS 46.14 and described in (a) of this section, a defendant who is not an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation.

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

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

(2) violates a permit issued under the program authorized by AS 46.03.020(12);2009 Alaska State Statutes relating to Air Quality 13 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) fails to provide information or provides false information required by a regulation adopted under AS 46.03.020 (12);

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

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

(i) In this section,

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

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

.



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Sec. 46.03.850. Compliance order.

(a) When, in the opinion of t he department, a person is violating or is about to violate a provision of this chapter, AS 46.04, or AS 46.14, or a regulation or lawful order of the department, or a permit or certificate, or a term or condition of a permit or certificate issued by
the d epartment under this chapter, AS 46.04, AS 46.14, the department may notify the person of its determination by personal service or certified mail. The determination and notice do not
constitute an order under AS 46.03.820

.

(b) The recipient of the determination shall file with the department, within the time period specified in the notice, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice.

(c) After the report is filed under (b) of this section or the time period specified for it has elapsed, the department may issue a compliance order in conformity with the authority of the department and the public policy declared in AS 46.03.010 . A copy of the compliance order shall be served personally or sent by certified mail to the person affected. A compliance order is effective upon receipt.

(d) Within 30 days after receipt the recipient may request a hearing to review the compliance order. Failure to request a hearing within 30 days after the receipt of a compliance order constitutes a waiver of the recipient's right of review.

(e) The department shall h old a hearing within 20 days after receipt of a request for one under (d) of this section. After the hearing the department may rescind, modify, or affirm the compliance order.

(f) The attorney general shall seek enforcement of a compliance order.2009 Alaska State Statutes relating to Air Quality 14 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Article 10. GENERAL PROVISIONS

Sec. 46.03.860. Inspection warrant.

The department may seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with AS
46.14 or this chapter or a regulation adopted under AS 46.14 or this chapter.



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Sec. 46.03.875. Remedies cumulative.

All remedies provided by this chapter, AS 46.04, or AS 46.14 are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter, AS 46.04, or AS 46.14 does not stop the state from obtaining relief under any other section of this chapter, AS 46.04, or AS 46.14.

Sec. 46.03.880. Applicability of the Administrative Procedure Act.

(a) Except as otherwise specif ically provided in this chapter, AS 44.62 (Administrative Procedure Act) governs the activities and the proceedings of the department.

(b) Notwithstanding AS 44.62.330 (a)(28), adjudicatory hearing procedures to review permit decisions under this chapter need not conform to AS 44.62.330

- 44.62.630 (Administrative Procedure Act).

Sec. 46.03.890. Enforcement authority.

(a) The following persons are authorized to enforce this chapter:

(1) a state employee authorized by the commissioner;

(2) a police officer of the state.

(b) Inspection and enforcement employees of the department designated by the commissioner are peace officers in the performance of their duties under this chapter, AS 46.04, AS 46.09, and AS 46.14.

Sec. 46.03.900. Definitions.

In this chapter,

(1) "air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances or a combination of these;2009 Alaska State Statutes relating to Air Quality 15 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) "air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities and duration that tend to be injurious to human health or welfare, animal or plant life or property or would unreasonably interfere with the enjo yment of life or property;

(3) "broadcast chemicals" means chemical substances which are released into the air or onto land or water for the purpose of preventing, destroying, repelling, stimulating, or retarding plant or animal life, or chemical substanc es released for meteorological control, oil spill control, or fire control;

(4) "commissioner" means the commissioner of environmental conservation;

(5) "compliance agreement" means a mutual understanding and voluntary, enforceable agreement on a course of action for a specific set of circumstances entered into by the department and a person to control, prevent, or abate air, water, land, or subsurface land pollution;

(6) "department" means the Department of Environmental Conservation;

(7) "dispose" has the meaning given "disposal" in 42 U.S.C. 6903(3);

(8) "facility" means any offshore or onshore structure, improvement, vessel, vehicle, land, enterprise, or endeavor;

(9) "hazardous waste" means a waste or combination of wastes that because of quantity

, concentration, or physical, chemical, or infectious characteristics may

(A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(B) pose a substantial present or potential hazard to human health or the environment when improperly managed, treated, stored, transported, or disposed of;

(10) "hazardous waste reduction" means decreasing, avoiding, or eliminating wastes that are
hazardous to human health or the envi ronment through source reduction or recycling; the term does not include hazardous waste treatment or hazardous waste disposal;

(11) "industrial waste" means a liquid, gaseous, solid, or other waste substance or a combination of them resulting from proces s of industry, manufacturing trade or business, or from the development of natural resources; however, gravel, sand, mud, or earth taken from its original situs and put through sluice boxes, dredges, or other devices for the washing and recovery of the pre cious metal contained in them and redeposited in the same watershed from which it came is not industrial waste;

(12) "low level radioactive materials" means a radioactive waste other than2009 Alaska State Statutes relating to Air Quality 16 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (A) used nuclear reactor fuel;

(B) waste produced during the repr ocessing of used nuclear reactor fuel; and

(C) elements having an atomic number greater than 92 and containing 10 or more nanocuries per gram;

(13) "manifest" means the form used for identifying the quantity, composition, origin, routing, and destination of a hazardous waste when the hazardous waste is transported;

(14) "mining waste" means solid waste from the extraction, beneficiation, and processing of ores and minerals, including coal, and including phosphate rock and overburden from the mining
of ur anium ore;

(15) "motor vehicle" has the meaning given in AS 28.90.990 ;

(16) "municipal solid waste" means waste material

(A) generated by a household, including a single

- family or multi

- family residence, and collected and disposed of as part of municipal solid waste collection services; or

(B) generated by a commercial, in dustrial, or institutional entity, to the extent that the waste
material

(i) is essentially the same as waste normally generated by a household;

(ii) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste co llection services; and

(iii) contains a relative quantity of hazardous substances not greater than the relative quantity of hazardous substances contained in waste material generated by a typical single

family household;

(17) "other wastes" means garbage , refuse, decayed wood, sawdust, shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other substances not sewage or industrial
waste which ma y cause or tend to cause pollution of the waters of the state;

(18) "person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any
oth er entity whatsoever;

(19) "pesticide" means any chemical or biological agent intended for preventing, destroying, repelling, or mitigating plant or animal life and any substance intended for use as a plant regulator, defoliant or desiccant, including but not limited to insecticides, fungicides, rodenticides, herbicides, nematocides, and biocides;2009 Alaska State Statutes relating to Air Quality 17 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (20) "pollution" means the contamination or altering of waters, land, or subsurface land of the state in a manner which creates a nuisance or makes waters, land , or subsurface land unclean, or noxious, or impure, or unfit so that they are actually or potentially harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life;

(21) "resource recovery" means the recovery of materials or energy from solid wastes for industrial use, agriculture, heat production, power production, or other processes or purposes and
includes the reuse of materials or products to conserve natural resources;

(22) "restricted

- use pesticides" means pesticides that are classified for restricted use under 7 U.S.C. 136a(d)(1)(C) (sec. 3(d)(1)(C), Federal Insecticide, Fungicide, and Rodenticide Act), as amended;

(23) "service" means a function performed or service provided by the state or by a municipality under a duty or power authorized by AS 29 or other provision of law authorizing a municipality to perform functions or provide services, or a comparable functi on performed or service provided by a village; "service" includes functions not previously performed and services not previously provided;

(24) "sewage" means the water

- carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with ground water infiltration and surface water as may be present; the admixture with sewage of industrial wastes or other wastes is "sewage";

(25) "sewer system" or "sewerage system" means pipelines or conduits, pumping station s, and force mains, and all other appurtenant constructions, devices, and appliances used for conducting sewage, industrial waste, or other wastes to a point of ultimate disposal;

(26) "solid waste" means garbage, refuse, abandoned, or other discarded sol id or semi

- solid material, regardless of whether subject to decomposition, originating from any source;

(27) "solid waste disposal facility" means a facility for the discharge, deposit, injection, consolidation, or placement of solid waste into or onto th e land and includes transfer stations and sanitary landfills;

(28) "solid waste processing facility" means a facility for the extraction of materials from solid waste, volume reduction, conversion to energy, or other separation and preparation of solid

wa ste for reuse or disposal and includes incinerators, shredders, balers, and transfer stations;

(29) "standard" means the measure of purity or quality for air, water, and land in relation to their reasonable and necessary use as established by the departme nt;

(30) "storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste;2009 Alaska State Statutes relating to Air Quality 18 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (31) "subdivision" has the meaning given in AS 40.15.900 ;

(32) "treat" has the meaning given "treatment" in 42 U.S.C. 6903(34);

(33) "treatment works" means a plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills, or other works installed for the purpose of treating, neutralizing, stabilizing, or disposing of sewage, industrial waste, or other wastes;

(34) "village" means a place within the unorganized borough or within a borough as to a power, function, or service that is not exercised or provided by the bo rough on an areawide or
nonareawide basis that

(A) has irrevocably waived, in a form approved by the Department of Law, any claim of sovereign immunity that might arise under this chapter; and

(B) has

(i) a council organized under 25 U.S.C. 476 (sec. 16 of the Indian Reorganization Act);

(ii) a traditional village council recognized by the United States as eligible for federal aid to Indians; or

(iii) a council recognized by the commissioner of commerce, community, and economic development under regula tions adopted by the Department of Commerce, Community, and Economic Development to determine and give official recognition of village entities under AS 44.33.755(b);

(35) "waste associated with the exploration, development, or production of crude oil, na tural gas, or geothermal energy" means (A) waste, including drilling muds, cuttings, hydrocarbons, brine, acid, sand, and emulsions or mixtures of fluids produced from and unique to the operation or maintenance of a well, whether naturally occurring or add ed for the operation or productivity of the well; and (B) waste that is derived intrinsically from primary field operations; "waste associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy" does not includ e spent solvents and oils from equipment maintenance activities, discarded chemical products, or fuels;

(36) "waste derived intrinsically from primary field operations" means waste produced from a well, and removed

(A) at the drill site; or

(B) at crude oil production facilities by crude oil or wastewater treatment process before custody transfer of the crude oil;2009 Alaska State Statutes relating to Air Quality 19 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (37) "waters" includes lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets , straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea, and Arctic Ocean, in the territorial limits of the state, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal,
fresh o r salt, which are wholly or partially in or bordering the state or under the jurisdiction of
the state.2009 Alaska State Statutes relating to Air Quality 20 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 46.14. AIR QUALITY CONTROL

Article 01. GENERAL REGULATIONS AND CLASSIFICATIONS

Sec. 46.14.010. Emission control regulations.

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

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

(b) Unless the governor has determined that an emergency exists that requires em ergency regulations under AS 44.62.250 , the department may adopt the fol lowing types of regulations only after the procedures established in (a), (c), and (d) of this section and compliance with AS
46.14.015:

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

(2) a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard;

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

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

(c) In pre paration for peer review under AS 46.14.015 and before adopting a regulat ion described under (b) of this section, the department shall

(1) find in writing that exposure profiles and either meteorological conditions or emissions unit characteristics in the state or in an area of the state reasonably require the ambient air quality standard, or emission standard to protect human health and welfare or the environment; this paragraph does not apply to a regulation under (b)(3) of this section;

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

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

(d) Before adopting a regulation described in (b)(2) of this section, the department shall find in writing that exposure profiles and either meteorological con ditions or emissions unit characteristics are significantly different in the state or in an area of the state from those upon which the corresponding federal regulation is based.2009 Alaska State Statutes relating to Air Quality 21 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (e) When incorporated into more than one permit, emission standards and limi tations, emissions monitoring and reporting requirements, and compliance verification requirements that are generally applicable statewide or are generally applicable to individual emissions unit or stationary source types shall be adopted in regulation un less they have been requested by the owner and operator to whom the permit is issued. The department shall, by regulation, adopt a standard, limitation, or requirement described in this subsection as soon as its general applicability is reasonably foreseea ble.

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

(1) requested by the owner and operator; and

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

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

Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public

at locations throughout the state that the department considers appropriate.

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

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

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

- 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform p eer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of the proposed regulation. An interest is2009 Alaska State Statutes relating to Air Quality 22 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 not considered significant under this subsection if it is an interest posse ssed generally by the public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conjectural.

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

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

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

Sec. 46.14.030. State air quality plan.

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

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

Article 02. EMISSION CONTROL PERMIT PROGRAM

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

Repealed or Renumbered

Sec. 46.14.120. Permits for construct ion, installation, modification, or operation.

(a) Before constructing, installing, modifying, or establishing a stationary source subject to
AS 46.14.130 (a), the owner and operator shall obtain a construction permit under this chapter.

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

(c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order issued by the department under this chapter or a court order. A person2009 Alaska State Statutes relating to Air Quality 23 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 operating under the application sh ield available under AS 46.14.140 (a)(12) and 46.14.275, shall comply wit h the terms and conditions of the pending application and applicable regulations.

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

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

(f) The department may exempt or defer a stationary source from the requirement of AS
46.14.130 (b) to the extent allowed under 40 C.F.R. 70.3(b).

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

Sec. 46.14.130. Stationary sources requiring permits.

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

(1) a new major stationary source;

(2) a major modification;

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

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

(1) a major source;

(2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or

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

(c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or2009 Alaska State Statutes relating to Air Quality 24 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46. 14.020

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

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

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

Sec. 46.14.140. Emission control permit program regulations.

(a) The department shall adopt regulations to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do not affect the public or govern the way the department deals with the public. The regulations must be
reasonable and adequate, and provide flexibility in the operation of a stationary source consistent
with 42 U.S.C. 7401

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

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

(2) monitoring, record keeping, and reporting requirements for facilities that are subject to
AS 46.14.130 (b), which must comply with the requirements established for state operating permit programs in 40 C.F.R. 7 0.6, but which may be modified to take into account this state's unique conditions;

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

(4) procedures for

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

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

(C) processing and reviewing an application;

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

(E) issuing permits, including procedures for issuing permits for temporary operations or open burn activities;2009 Alaska State Statutes relating to Air Quality 25 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) reasonable standard permit conditions, including conditions for

(A) emission standards and limitations;

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

(C) inspection and entry;

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

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

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

(8) the duration of permits;

(9) procedures for modifying or amending a permit that provide flexibility in the operation of the stationary source, including procedures to allow changes to a permitted stationary source without requiring a permit modification, consistent with the purposes of this chapter and with 42
U.S.C. 7401

- 7671q (Clean Air Act);

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

- 7671q (Clean Air Act);

(11) provisions allowing for physical or operational limitations that will reduce a stationary
source's e missions to levels below those that would make the stationary source subject to part or
all of AS 46.14.120 and 46.14.130;

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

(13) provisions for ensuring that compliance with an operating permit issued under this chapter will be considered to be compliance with 42 U.S.C. 7661a (Clean Air Act, sec. 502) and other provisions of state or federal law specifically provided for by the department consistent
with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under state and federal law;2009 Alaska State Statutes relating to Air Quality 26 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) provisions allowing for certification of inspectors who evaluate compliance with the terms and conditions of a permit, order, regulation, or other provision of law authorized under this chapter; and

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

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

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

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

(2) specific methods, processes, procedures, or d esigns for the management and operation of a stationary source regulated under this chapter except to the extent that the federal administrator
has

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

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

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

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

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

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

Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for completen ess. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provided by the department under AS 46.14.140 (a)(1) and must be certified true and correct by the owner and operator.2009 Alaska State Statutes relating to Air Quality 27 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) The department shall notify the applicant in writing whether the application is complete.
Unless the department notifies the applicant within 60 days of receipt of an application that the application is incomplete, the application is considered to be complete.

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

Sec. 46.14.170. Administra tive actions regarding permits.

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

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

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

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

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

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

Sec. 46.14.180. Monitoring.

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

(1) the department may not require an owner and operator of an emissions unit to monitor emissions or ambient air quality solely for the purpose of scientific investigation or research; and2009 Alaska State Statutes relating to Air Quality 28 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) monitoring activities must be consistent with the applicable emis sion standards and their permit or permit application requirements.

Sec. 46.14.190. Single permit.

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

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

Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected int erest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may request an adjudicatory hearing under t he department's adjudicatory hearing procedures. After the issuance of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General oper ating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be similar in emissions unit structure. A general operating permit must contain provisions that meet the requirements of this chapter that are applicable to operating permits. A general operating permit issued to a particula r person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the general permit is not applicable to the person's stationary source.

Sec. 46.14.211. General minor permits.

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

Sec. 46.14.215. Temporary operations.

For purpos es of AS 46.14.130 (b), the department may issue a single operating permi t under AS
46.14.170 , authorizing a stationary source to operate at spec ific multiple locations in the state2009 Alaska State Statutes relating to Air Quality 29 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 for temporary periods of time. A permit described in this section is valid only for the specific locations identified in the application and authorized by the department. The department may not issue a permit under this section unless the permit contains conditions that will ensure compliance with this chapter at each authorized location, including compliance with ambient air quality standards and applicable increment or visibility requirements adopted under this chapter

. A permit under this section must require the owner and operator to notify the department at least 10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An operati ng permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during t he 45

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

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

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

Sec. 46.14.230. Durati on of operating permits.

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

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

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

The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the depa rtment under this chapter.

Sec. 46.14.240. Permit administration fees.

(a) The owner or operator of a stationary source who is required to apply for a permit under
AS 46.14.130 shall pay to the department all assessed permit administration fees established2009 Alaska State Statutes relating to Air Quality 30 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 under (b) of this section except that the person named in a permit issu ed under AS 46.14.170 shall pay assessed permit administration fees incurred after the date the permit is issued.

(b) The department shall establish by regulation permit administration fees in accordance
with AS 37.10.050

- 37.10.058.

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

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

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

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

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

- site evaluations.

Sec. 46.14.250. Emission fees.

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

(b) The department shall establish by regulation an emission fee rate. The rate shall be set on the basis of dollars per ton of air pollutant emitted. The department shall assess emission fees annually on or before July 1 based on a stationary sourc e's estimated assessable emissions for the subsequent fiscal year. The department may allow installment payments of assessed emission
fees.

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

(d) The department shall design the emission fee rate to distribute the total annual incurred costs described under (h) of this section in a manner so that each permittee is assessed an annual emission fee that reflects an equitable ap portionment of the fees paid by each stationary source type, size, or category. In making an apportionment under (f)(6) of this section, the department shall consider factors such as exemptions or reduced rates for small amounts of emissions, limits2009 Alaska State Statutes relating to Air Quality 31 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 upon a ssessable emissions, exempting small business facilities from the costs of the small business assistance program established under AS 46.14.300 , air pollution prevention efforts, and other factors that may ensure fair distribution of the costs described under (h) of this section.

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

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

(1) fees assessed;

(2) alternative fee rates or formulas;

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

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

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

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

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

(h) In this section,

(1 ) "assessable emission" means the quantity of each air pollutant for which emission fees
are assessed and is the lesser of

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

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

(2) "emission fees" mean fees assessed to recover costs incurred by the department and other state or local governmental agencies for the implementation of minor permits, for the implementation of construction permi ts, and for operating permits to the extent required under 42 U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the permit program established under this chapter that are generally not associated with service provi ded to a specific facility, including the costs incurred by the department or a local air2009 Alaska State Statutes relating to Air Quality 32 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 quality program to comply with AS 46.14.010

- 46.14.015; the costs may include rent, utilities, permit program management, administrative and accounting services, and other costs as identified by the department in regulations; the fees sha ll also be sufficient to recover the cost of the small business assistance program under AS 46.14.300

- 46.14.310.

Sec. 46.14.255. Interest and sanctions for nonpayment.

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

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

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

Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is es tablished. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS
46.14.140 , as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for state participation in the federal emission control permit program.

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

Sec. 46.14.265. Emission control permit receipts account.

(a) The emission control permit receipts account is established in the state treasury. Under
AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140 , other than fees described in AS
46.14.260 (a), shall be deposited in the account. Appropriations from the account are not made from the unrestricted general fund.

(b) Nothing in this section create s a dedicated fund.

Sec. 46.14.270. Special account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS2009 Alaska State Statutes relating to Air Quality 33 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 46.14.255 shall be deposited in the general fund and credited to a special account called the "clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

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

o perator are required to submit an application under AS 46.14.150

.

Sec. 4 6.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

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

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

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

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

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

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

(A) the permit contains a material mistake; or

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

(3) shall reopen a permit issued under this chapter

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

mu st be revised to comply with 42 U.S.C. 7401

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

- 7671q; or2009 Alaska State Statutes relating to Air Quality 34 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (B) to incorporate changes in law, or to impose equivalent emission limitations, that become applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months
after the c hange in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.

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

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

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

(a) A permittee may request

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

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

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

.

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

Sec. 46.14.290. Permit as shield

.

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

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

(1) the applicable requirements are included and specifically identified in the owner or operator's permit; or2009 Alaska State Statutes relating to Air Quality 35 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the requirements are determined in writing not to be applicable to the permitted stationary source; a dete rmination made under this paragraph shall be included in the permit.

(b) This section does not alter or affect

(1) the owner's and operator's obligation to comply with an emergency order issued under
AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);

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

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

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

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

- 7671q (Clean Air Act).

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

(c) Except as provided in AS 46.14.310 (b), the department shall provide assistance as described in (b) of this section to a requesting stationary source that is not a small business
concern as d efined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the legislature appropriates money from the general fund for this purpose.

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

(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program
established in AS 46.14.300 a category or subcategory of small business facilities that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter and federal law without the assistance provided under AS 46.14.300

- 46.14.320.

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

Sec. 46.14.320. Compliance advisory panel.2009 Alaska State Statutes relating to Air Quality 36 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) There is established in the department a compli ance advisory panel whose members shall serve staggered three

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

- year terms consecutively.

(b) The panel consists of

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

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

(3) four members who are owners or representatives of owners of small business facilities,
selected as follows:

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

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

(C) if there are members of the house who are not part of the majority caucus of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel member in addition to the selection authorized under (A) of this paragraph.

(c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS
39.20.180

.

(d) The compliance advisory panel shall

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

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

- 44.62.312;

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

(4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Ac t);2009 Alaska State Statutes relating to Air Quality 37 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) review information designed to assist small business facilities in complying with this chapter to ensure that the information is understandable by the public; and

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

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

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

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

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

crea te a local air quality district for the purpose of jointly administering a local air quality control program within the boundaries of the air quality district.

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

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

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

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

(3) duties of staff employed under (2) of this subsection;2009 Alaska State Statutes relating to Air Quality 38 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (4) the procedures that must be followed by the municipality or local a ir quality district when requesting money from the clean air protection fund to cover the costs of implementing the municipality's or district's air quality program;

(5) the procedures that will be used by the department in approving a request under (4) o f this subsection and submitting it to the legislature for funding;

(6) respective enforcement responsibilities of the department and the municipality or the local air quality district;

(7) that if the municipality or local air quality control district s eeks authority to take action under (f) of this section, the municipality or local air quality control district will use procedures that are substantially equivalent to those required under AS 46.14.010 and 46.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under t his section shall administer its local air quality control program according to this chapter, regulations adopted under those sections, and its cooperative agreement under (d) of this section. A municipality or local air quality district's program may, upo n a finding by the local agency and an affirmative agreement by the department, establish a more stringent requirement than the stationary emissions unit permit program authorized under this chapter if public health or air quality effects provide a reasona ble basis to regulate the emissions unit with the additional or more stringent requirement and the municipality or district has used procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015 before establishing the more stringent requirement. This subsection does not prohibit a municipality or local a ir quality control district from establishing a mobile source emissions program more stringent than the state program without making findings of public health or air quality effects or using procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015. In this subsection,
"mobile source" does not include tank vessels or other watercraft.

(g) A determination, order, permit, or permit action issued under a local air quality control program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable another department or government entity to establish fee rates or collect fees under AS 46.14.240
or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section requires emissions inspection for a motor vehicle, emiss ion inspection may not be required more than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed under this section is guilty of a violation and, upon conviction, shall be fined an amount not to2009 Alaska State Statutes relating to Air Quality 39 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 e xceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control program under AS 46.1 4.400 and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out
its det ermination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.

(b) If, afte r the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a written finding setting out the nature of the deficiencies and a description of the neces sary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45 days after closure of the public hearing record. The departm ent shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding.

(c) If the municipality or local air quality district fails to take corrective action within th e time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partial ly remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air q uality district.

(d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or may be more efficien tly and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.2009 Alaska State Statutes relating to Air Quality 40 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the s ame air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source while at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissioner determines that another area with more stringent requirements r elating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the potential for air pollutants from the stationary
source to reach the othe r onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42
U.S.C. 7470

- 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by re gulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless oth erwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle.

(c) The depart ment shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a
motor vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law.

(d) If the department adopts regulations requiring the maintenance o f air pollution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards,2009 Alaska State Statutes relating to Air Quality 41 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 testing techniques, and instructions furnished by the department and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if requir ed by the department, must be presented to the Department of Administration before that department may register a motor vehicle.

(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, the department may not require th e vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions inspection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent
of the l egislature that money collected under this subsection be appropriated to control pollution
from motor vehicle emissions.

(g) In addition to the emission control inspection program fee imposed under AS 28.10.423

, the department or a municipality may impose a fee upon a vehicle required to be inspected under
a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitor ing program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS
46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner or op erator, enter upon or through any premises of a stationary source regulated under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sam ple any emissions that the owner and operator of the stationary source is required to sample.

(b) During an inspection under this section, the inspector shall comply with applicable health and safety standards.

Sec. 46.14.520. Confidentiality of trade sec rets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the own er and operator have certified under oath to the department or authorized local program that2009 Alaska State Statutes relating to Air Quality 42 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (1) public disclosure would tend to affect adversely the owner's and operator's competitive position; and

(2) the records, reports, or information, or parts of t he records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provide d in AS 46.14.520 , permits, permit applications, emissions and monitorin g reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipali ty or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter.

(b) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend federal aid for the control of air emissions or the development and adminis tration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds received by the department for the control of air emissions or the development or administration of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural r equirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and ma y impose other conditions the commissioner finds necessary and appropriate.2009 Alaska State Statutes relating to Air Quality 43 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is c onsidered to be acting in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.

Sec. 46 .14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the permittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoi dable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for no ncompliance with a technology

- based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requ irement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial
he alth, or safety.

Sec. 46.14.990. Definitions.2009 Alaska State Statutes relating to Air Quality 44 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a s tandard, other than an emission standard, adopted under AS 46.14.010 , 46 .14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or tempor arily stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the tr ade of transporting cargo; in this subparagraph, "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(5) "commissioner" means the commissioner of environm ental conservation;

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant exhibits, addendums, transmittal l etters, compliance schedules, administrative orders, emergency orders, and court orders;

(8) "department" means the Department of Environmental Conservation;

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used;

(12) "federal administrator" mea ns the administrator of the United States Environmental Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009].2009 Alaska State Statutes relating to Air Quality 45 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean Air Act, sec. 112(b));

(15) "local air qual ity control program" means a program authorized under AS 46.14.400 to imp lement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source o r physical change that meets the definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court ord ers;

(19) "operator" means a person or persons who direct, control, or supervise a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possess ory interest in a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencie s, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C.
7401

- 7671q (Clean Ai r Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated a ir pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, depending on the context in which the term is used;2009 Alaska State Statutes relating to Air Quality 46 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (27) "tank vessel" means a waterborne ves sel, ship, or barge, whether or not self

- propelled, that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading

(A) cargo in sealed drums, barrels, or other packages; or

(B) petroleum or petroleum products solely as fuel for use on that vessel;

(28) "TPY" means tons per year.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air Quality Co ntrol Regulations, As amended through September 1 4 , 201 2 (with register number)

.

See section 2.1 (b) for Lt. Governor’s filing memo dated August 27 , 20 1 2

.

Revision Table 20 1 2 , showing effective dates of individual sections of 18 AAC 50 and whether they a re subject to SIP approval

.

# DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

18 AAC 50

Air Quality Control

As Amended through September 14, 2012

### IMPORTANT NOTE TO READER

THE REGULATIONS REPRODUCED HERE HAVE BEEN PROVIDED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PUBLIC
COURTESY. WHILE EVERY EFFORT HAS BEEN MADE TO ASSURE THE ACCURACY OF THE REPRODUCED VERSION, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATIO N CANNOT GUARANTEE ITS ABSOLUTE
ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED
WITH THE LIEUTENANT GOVERNOR ARE AVAILABLE FOR THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION.

THE REGULATIONS HAVE AN EFFECTIVE DATE OF SEPTEMBER 14, 2012, ARE IN REGISTER 203, AND WILL APPEAR IN O FFICIAL PUBLISHED FORM IN THE
OCTOBER 2012 SUPPLEMENT TO THE ALASKA ADMINISTRATIVE CODE.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

1 Chapter 50. Air Quality Control

.

Article 1. Ambient Air Quality Management (18 AAC 50.005 - 18 AAC 50.110) 2. Program Administration (18 AAC 50.200 - 18 AAC 50.260) 3. Major Stationary Source Permits (18 AAC 50.300 - 18 AAC 50.390) 4. User Fees (18 AAC 50.400 - 18 AAC 50.430) 5. Minor Permits (18 AAC 50.502 – 18 AAC 50.560) 6. (Reserved) 7. Conformity (18 AAC 50.700 - 18 AAC 50.735) 8. (Reserved) 9. General Provisions (18 AAC 50.900 - 18 AAC 50.990)

Editor's note: The regulations in this chapter, effective January 18, 1997, and distributed in Register 141, are a comprehensive reorganization and revision of the department's regulations dealing with air quality control. Except for the provisions of 18 AAC 50.110 and 18 AAC 50.700 - 18 AAC 50.735, they replace all previous regulations in this chapter that were repealed simultaneously with the adoption of these regulations. The history line at the end of each section does not reflect the history of th e replaced provisions before January 18, 1997. Thenumbering of sections is not related to the numbering before January 18, 1997. Previous amendments of this chapter are on file in the Offi ce of the Lieutenant Governor and are found at Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Re gister 84, 11/1/82; Register 88, 10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126, 4/7/93; Register 127, 7/8/93; Re gister 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; Register 131, 8/5/94; Register 131, 8/10/94; and Register 133, 1/4/95.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

2 Article 1. Ambient Air Quality Management.

Section 05. Purpose and applicability of chapter 10. Ambient air quality standards 15. Air quality designations, classifications, and control regions
20. Baseline dates and maximum allowable increases 25. Visibility and other special protection areas 30. State air quality control plan 35. Documents, procedures, and methods adopted by reference 40. Federal standards adopted by reference
45. Prohibitions
50. Incinerator emission standards 52. (Repealed) 55. Industrial processes and fuel-burning equipment 60. Pulp mills 65. Open burning
70. Marine vessel visible emission standards 75. Wood-fired heating device visible emission standards 80. Ice fog standards 85. Volatile liquid storage tank emission standards 90. Volatile liquid loading racks and delivery tank emission standards 100. Nonroad engines 110. Air pollution prohibited

18 AAC 50.005. Purpose and applicability of chapter. (a) The purpose of this chapter is to identify, prevent, abate, and c ontrol air pollution in a manner that meets the purposes of AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act).

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

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.010

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of air pollutants in the ambient air, measured, determined, or predicted by an analytical method described in 18 AAC 50.035 or 18 AAC 50.215, are established as follows:

(1) for particulate matter, as follows:

(A) for PM-10: a 24-hour average of 150 micrograms per cubic meter, with this standard being attained when the expected number of days in a calendar year with a 24-hour average concentration above 150 micrograms per cubic meter is less than or equal to one day;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

3 (B) for PM-2.5:

(i) an annual arithmetic mean concentration of 15.0 micrograms per cubic meter, with this standard being attained when the three-year average of the annual arithmetic mean concentration is less than or equal to 15.0 micrograms per cubic meter; for purposes of this sub-paragraph, a figure must be rounded to the nearest .1 microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(a), adopted by reference in 18 AAC 50.035(b);

(ii) a 24-hour average concentration of 35 micrograms per cubic meter, with this standard being attained when the three-year average
of the annual 98 th percentile 24-hour concentration is less than or equal to 35 micrograms per cubic meter; for the purposes of the sub-paragraph, a figure must be rounded to the nearest one microgram per cubic meter, as required in 40 C.F.R. Part 50, Appendix N, sec. 4.3(b), adopted by reference in 18 AAC 50.035(b);

(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;

(D) one-hour average sulfur dioxide concentration of 196 micrograms per cubic meter, with this standard being attained when the three-year average of the annual, 99th percentile, daily maximum, one-hour sulfur dioxide concentration is less than or equal to 196 micrograms per cubic meter, as determined in accordance with 40 C.F.R. Part 50, Appendix T, adopted by reference in 18 AAC 50.035(b);

(3) for carbon monoxide:

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

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

(4) for ozone: a daily maximum eight-hour average of .075 parts per million, with this standard being attained when the thr ee-year average of the annual fourth-highest daily maximum eight-hour average ozone concentration is less than or equal to .075 parts per million;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

4 (5) for nitrogen dioxide: annual arithmetic mean of 100 micrograms per cubic
meter; (6) for lead: an arithmetic mean concentration over a three-month period of .15 micrograms per cubic meter, with this standard being attained when the maximum arithmetic three-month mean concentration for a three-year period is less than or equal to .15 micrograms per cubic meter; (7) for reduced sulfur compounds, expressed as sulfur dioxide: 30-minute average of 50 micrograms per cubic meter not to be exceeded more than once each year; and

(8) for ammonia: 2.1 milligrams per cubic meter, averaged over any consecutive eight hours not to be exceeded more than once each year. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 4/1/2010, Register 193; am 9/17/2011, Register 199)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.010

18 AAC 50.015. Air quality designations, classifications, and control regions. (a) To identify an area by its air quality, all geographic areas in the state are designated by the federal administrator as "attainment," "nonattainment," or "unclassifiable." An area is designated "attainment" for a particular air pollutant if its air quality meets the ambient air quality standard for that air pollutant. If air quality does not meet the ambient standard for a particular air pollutant, that area is designated "nonattainment" for that air pollutant. If there is insufficient information to classify an area as attainment or nonattainment for a particular air pollutant, the area is designated "unclassifiable" for that air pollutant.

(b) The following areas have been designated by the federal administrator as "nonattainment" for the specified air pollutants:

(1) for carbon monoxide

(A) repealed 2/20/2004

(B) repealed 6/24/2004

(2) for PM-10:

(A) Mendenhall Valley area of Juneau; and

(B) Eagle River area of Anchorage.

(3) for PM-2.5: Fairbanks and North Pole urban area.

(c) To establish standards for the prevention of significant deterioration of air quality, geographic areas in the state are

(1) divided into four "air quality control regions" as follows:Register 203, October 2012 ENVIRONMENTAL CONSERVATION

5 (A) Cook Inlet Intrastate Air Quality Control Region;

(B) Northern Alaska Intrastate Air Quality Control Region;

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

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

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

Table 1. Air Quality Classifications

Classification Geographic Area

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

Bering Sea National Wildlife Refuge designated as a National Wilderness Area

Simeonof National Wildlife Refuge designated as a National Wilderness Area

Tuxedni National Wildlife Refuge designated as a National Wilderness Area

Class II areas All other geographic areas in Alaska not
classified as Class I or Class III

Class III areas No areas in Alaska

(d) The following areas are subject to maintenance plan requirements for carbon monoxide, as required under 42 U.S.C. 7505a, and as adopted by reference in 18 AAC 50.030 as part of the state air quality control plan:

(1) the Municipality of Anchorage;

(2) Fairbanks and North Pole urban area. (Eff. 1/18/97, Register 141; am 2/20/2004, Register 169; am 6/24/2004, Regist er 170; am 10/10/2004, Register 171; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

Editor's note : The nonattainment area and maintenance boundaries, the air quality control region boundaries, and the Class I area boundaries are depicted on maps in the state airRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

6 quality control plan adopted by reference in 18 AAC 50.030. Air quality control region and nonattainment area boundaries are described in 40 C.F.R. 81, as revised as of July 1, 2003.

As of Register 154, July 2000, the regulations attorney made a technical revision under AS 44.62.125(b)(6) in Table 1 at 18 AAC 50.015(c)(2).

18 AAC 50.020. Baseline dates and maximum allowable increases . (a) In an area designated nonattainment in 18 AAC 50.015(b), the provi sions of this section do not apply to the nonattainment air pollutant. However, this section does apply to all other air pollutants listed in
Table 2 in this subsection.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

7 Table 2. Baseline Dates

Air Quality Control Region Air Pollutant Baseline Date

Cook Inlet Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

Northern Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

South Central Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

Southeast Alaska Intrastate Air Quality Control Region Nitrogen dioxide February 8, 1988

Sulfur dioxide November 10, 1986

PM-10 The earliest date upon which the department declares complete an application for 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 prevention of significant deterioration of air quality,

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

(2) in areas designated as Class I, II, or III, increases in air pollutant
concentration over the baseline concentration shall be limited to the concentrations in Table 3 in this subsection; (3) for any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location; and

(4) the baseline concentrations and maximum allowable increases shall be measured or predicted by a method described in 18 AAC 50.215.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

8 Table 3. Maximum Allowable Increases

Classification of area in 18 AAC 50.015(c)
Table 1 Air Pollutant Maximum allowable increase (micrograms per cubic meter)

CLASS I PM-10:
Annual arithmetic mean ...........................
24-hour maximum .................................... .................. 4
.................. 8

Sulfur dioxide:
Annual arithmetic mean ...........................
24-hour maximum ....................................
3-hour maximum ...................................... .................. 2
.................. 5
................. 25

Nitrogen dioxide:
Annual arithmetic mean ........................... .................2.5

CLASS II PM-10:
Annual arithmetic mean ...........................
24-hour maximum .................................... ................. 17
................. 30

Sulfur dioxide:
Annual arithmetic mean ...........................
24-hour maximum ....................................
3-hour maximum ...................................... ................. 20
................. 91
................ 512

Nitrogen dioxide:
Annual arithmetic mean ........................... ................. 25

CLASS III PM-10:
Annual arithmetic mean ...........................
24-hour maximum .................................... ................. 34
................. 60

Sulfur dioxide:
Annual arithmetic mean ...........................
24-hour maximum ....................................
3-hour maximum ...................................... ................. 40
................ 182
................ 700

Nitrogen dioxide:
Annual arithmetic mean ........................... ................. 50

(c) Repealed 10/1/2004.

(d) Repealed 10/1/2004.

(e) For purposes of this section, the baseline concentration of an air pollutant is
determined as follows:Register 203, October 2012 ENVIRONMENTAL CONSERVATION

9 (1) for PM-10 and sulfur dioxide, the baseline concentration is the ambient concentration of the air pollutant on the applicable baseline date, plus the contribution from allowable emissions of a PSD major stationary source for which construction commenced before January 6, 1975, but that was not in operation by the baseline date; however, the baseline
concentration does not include actual emissions from a PSD major stationary source or a PSD major modification for which construction commenced on or after January 6, 1975; and

(2) for nitrogen dioxide, the baseline concentration is the ambient concentration of the air pollutant on the applicable baseline date, plus the contribution from allowable emissions of a PSD major stationary source for which construction commenced before February 8, 1988, but that was not in operation by the baseline date.

(f) In this section, “commence” has the meaning given in 40 C.F.R. 52.21(b), adopted by reference in 18 AAC 50.040. (Eff. 1/18/97, Regi ster 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

18 AAC 50.025. Visibility and other special protection areas. (a) Visibility special protection areas are established to prevent impairment of visibility. The following areas are designated visibility special protection areas:

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

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

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

(b) A wood smoke control area is a geographic location where a wood-burning activity has resulted in two or more discontinuous 24-hour periods when the ambient exposures of PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of air. The Mendenhall Valley area of Juneau is designated a wood smoke control area.

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

(1) in the Unalaska area, the land and water areas within a 3.4-mile radius of the
intersection of 53  53' 4" N latitude and 166  32' 11" W longitude; and

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030Register 203, October 2012 ENVIRONMENTAL CONSERVATION

10 Editor's note : Complete descriptions of the special protection areas designated in this section, including maps, are provided in the state air quality control plan adopted by reference in
18 AAC 50.030.

18 AAC 50.030. State air quality plan. Volumes II and III of the State Air Quality
Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, as amended through May 29, 2012, are adopted by reference. The plan includes the following documents which are also adopted by reference:

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

, April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008- 28,sec. 2;

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

(4) the department's Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program , as amended through February 23, 2010;

(5) Repealed 6/21/98.

(6) Protocol for Determining the Best Performing Model , EPA-454/R-92-025, December 1992;

(7) repealed 9/17/2011;

(8) Source Test Report Outline , as amended through November 1984;

(9) the department’s Performance Audits for COMS , revised as of August 20, 2008; (10) the department’s Minor Permit Application Forms , dated August 30, 2004.

(Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 9/4/98, Register 147; am 1/1/2000, Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register 161; am 3/27/2002, Register 161; am 5/3/2002, Re gister 162; am 2/20/2004, Register 169; am 6/24/2004, Register 170; am 10/1/2004, Regist er 171; am 12/14/2006, Register 180; am 12/30/2007, Register 184; am 5/17/2008, Regist er 186; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010, Register 193; am 10/29/2010, Register 196; am 4/13/2011, Register 198; am 9/17/2011, Register 199; am 8/1/2012, Register 203) Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.020 AS 46.14.140Register 203, October 2012 ENVIRONMENTAL CONSERVATION

11 Editor's note : The State Air Quality Control Plan and the other documents adopted by reference in 18 AAC 50.030 may be reviewed at the department's Anchorage, Fairbanks, or
Juneau office and are on file with the Office of the Lieutenant Governor.

18 AAC 50.035. Documents, procedures, and methods adopted by reference . (a) The following documents are adopted by reference:

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

, Revision 1, revised August 2008;

(2) Workbook for Plume Visual Impact Screening and Analysis (revised), EPA 454/R-92-023, October 1992;

(3) the United States Environmental Protection Agency's (EPA) publication AP42, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area
Sources , Fifth Edition with Supplements A – F and annual updates, as updated through December 2007;

(4) Meteorological Monitoring Guidance for Regulatory Modeling Applications

, EPA - 454/R-99-005, February 2000;

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

(6) the department’s Title V Standard Application and Forms , revised as of March 2012;

(7) AERSCREEN User’s Guide, EPA-454/B-11-011, dated March 2011.

(b) The following procedures and methods set out in 40 C.F.R., revised as of July 1, 2011, are adopted by reference:

(1) 40 C.F.R. Part 50, Appendices A, D, F, G, J, K, L, N, P, Q, R, and T;

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

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

(4) the following test methods as they apply to 40 C.F.R. 63.11(b)(6):

(A) ASTM D1946-90(1994)e1, Standard Practice for Analysis of Reformed Gas by Gas Chromatography; and

(B) ASTM D 240-92(1997)e2, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(1) ASTM D 129-00, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), approved January 10, 2000;

(2) ASTM D 1266-98, Standard Test Method for Sulfur in Petroleum Products (Lamp Method), approved February 10, 1998;

(3) ASTM D 1552-95, Standard Test Method for Sulfur in Petroleum Products (High Temperature Method), approved August 15, 1995;

(4) ASTM D 2622-98, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescen ce Spectometry, approved April 10, 1998;

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X- Ray Fluorescence Spectroscopy, approved April 10, 1998; (6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and Petroleum Products by Hydrogenolysis and Ra teometric Colorimetry, approved January 10, 1999; (7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of Sulfur in Coal, approved March 30, 1990;

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate Analysis of Coal and Coke, approved September 29, 1989;

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing the Sieve Analysis of Coal and Designa ting Coal Size, approved November 27, 1987;

(10) ASTM D 1140-97, Standard Test Me thod for Amount of Material in Soils Finer Than the No. 200 Sieve, approved May 10, 1997;

(11) ASTM D 422-63 (Reapproved 1998), St andard Test Method for ParticleSize Analysis of Soils, approved November 21, 1963;

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection, approved April 10, 1996;

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

13 (14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical Detectors, approved February 24, 1989;

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988;

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to Certify Conformance with Design and Performa nce 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 T ube Furnace Combustion Methods, approved April 10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 11/9/2008, Register 188; am 4/1/2010, Register 193; am 9/17/2011, Register 199; am 4/8/2012, Register 202; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

Editor's note : The documents, procedures, and methods adopted by reference in 18 AAC 50.035 may be reviewed at the department's Anchorage, Fairbanks, or Juneau office. For information on how to obtain a copy of the EPA publication AP-42 referred to in this section, contact EPA's InfoCHIEF information line at (919) 541-5285.

For information on how to obtain a copy of the ASTM documents referred to in 18 AAC 50.035, contact the American Society for Te sting and Materials (ASTM), Publications Department, 100 Barr Harbor Drive, We st Conshohocken, Pennsylvania, 19428-2959, phone (610) 832-9585; fax (610) 832-9555.

18 AAC 50.040. Federal standards adopted by reference. (a) The following provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), as revised as of July 1, 2011, are adopted by reference as they apply to a Title V source, except that the provisions adopted by reference in (2)(JJ) and (LL) of this subsection are adopted by reference as of October 8, 2009, 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 Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978);

(C) Subpart Db (Standards of Performance for Industrial – Commercial -Register 203, October 2012 ENVIRONMENTAL CONSERVATION

14 Institutional Steam Generating Units);

(D) Subpart Dc (Standards of Performance for Small Industrial – Commercial - Institutional Steam Generating Units);

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

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

(G) Subpart Ec (Standards of Performance for Hospital, Medical, and Infectious Waste Incinerators);

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

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

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

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

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

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

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

(O) Subpart N (Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973); (P) Subpart Na (Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983);

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

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

(T) Subpart Y (Standards of Performance for Coal Preparation Plants);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

(W) Subpart HH (Standards of Performance for Lime Manufacturing Plants); (X) Subpart LL (Standards of Performance for Metallic Mineral Processing Plants); (Y) Subpart UU (Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture);

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

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals); (BB) Subpart GGG (Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries);

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

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

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

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

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

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

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

(JJ) Subpart CCCC (Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units for Which Construction Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001); (KK) the provisions of Subpart AAA (Standards of Performance for New Residential Wood Heaters), except that the operator of a wood stove may demonstrate compliance with 40 C.F.R. 60.532 by operating the wood stove in accordance with the permanent label required by 40 C.F.R. 60.536;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

16 (LL) Subpart DDDD (Emissions Guidelines and Compliance Times for
Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or before November 30, 1999);

(MM) Subpart EEEE (Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006);

(NN) Subpart FFFF (Emission Guidelines and Compliance Times for
Other Solid Waste Incineration Units That Commenced Construction on or Before December 9, 2004);

(OO) Subpart IIII (Standards of Performance for Stationary Compression Ignition Internal Combustion Engines);

(PP) Subpart JJJJ (Standards of Performance for Stationary Spark Ignition Internal Combustion Engines);

(QQ) Subpart KKKK (Standards of Performance for Stationary Combustion Turbines);

(RR) Subpart LLLL (Standards of Performance for New Sewage Sludge Incineration Units);

(SS) Subpart MMMM (Emissions Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units);

(3) the provisions of Appendices A - F.

(b) The following provisions of 40 C.F.R. Part 61 (National Emission Standards for Hazardous Air Pollutants), as revised as of July 1, 2011, are adopted by reference as they apply
to a Title V source:

(1) Subpart A (General Provisions), except 40 C.F.R. 61.16 (Availability of Information);

(2) the following subparts:

(A) Subpart E (National Emission Standard for Mercury);

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

(C) Subpart V (National Emission Standard for Equipment Leaks (Fugitive Emission Sources));Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

(4) Appendices A, B, and C.

(c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), as revised as of February 17, 2011, are adopted by reference as they apply to a Title V source:

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

(2) Subpart B (Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)), except that

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

(B) the requirements of 40 C.F.R. 63.51 - 40 C.F.R. 63.53, 40 C.F.R. 63.55, and 40 C.F.R. 63.56 apply to the owner or operator of a hazardous air pollutantmajor source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA administrator has failed to promulgate an emission standard within 18 months after the deadline established for doing so in 42 U.S.C. 7412(e) (Clean Air Act, sec. 112(e));

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

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

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

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

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

(8) Subpart T (Halogenated Solvent Cleaning);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(10) Subpart CC (Petroleum Refineries);

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

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

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

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

(15) Subpart JJ (Wood Furniture Manufacturing);

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

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

(18) Subpart LLL (Portland Cement Plants);

(19) Subpart UUU (Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units)

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

(21) Subpart EEEE (Organic Liquids Distribution (Non-Gasoline));

(22) Subpart YYYY (Stationary Combustion Turbines);

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

(24) Subpart GGGGG (Site Remediation);

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

(26) Subpart LLLLLL (Acrylic and Modacr ylic Fibers Production Area Sources);

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

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

(29) Subpart OOOOOO (Flexible Polyuret hane Foam Production and Fabrication Area Sources);

(30) Subpart PPPPPP (Lead Acid Battery Manufacturing Area Sources);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(32) Appendix A (Test Methods);

(33) Appendix B (Sources Define d for Early Reduction Provisions);

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities); (35) Subpart CCCCCC (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities);

(36) Subpart EEEEEEE (National Emission Standard for Hazardous Air
Pollutants: Gold Mine Ore Processi ng and Production Area Source Category).

(d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2011, are adopted by reference to the extent that they apply to a Title V source.

(e) The requirements of 40 C.F.R. 52.70 – 52.97, as revised as of July 1, 2011, 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), as revised as of July 1, 2011, are adopted by reference.

(g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), as revised as of July 1, 2011, are adopted by
reference: (1) Subpart FFF (Federal Plan Requirements for Large Municipal Waste Combustors Constructed on or Before September 20, 1994);

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

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

(4) Subpart III (Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before November 30, 1999);

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

(h) The following provisions of 40 C.F.R. 51.166 (Prevention of Significant Deterioration of Air Quality) and 40 C.F.R. Part 52 (Approval and Promulgation ofRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

20 Implementation Plans, as revised as of August 2, 2010, are adopted by reference:

(1) 40 C.F.R. 51.166(f) (Exclusions from Increment Consumption);

(2) 40 C.F.R. 51.166(q)(2) (Public Participation);

(3) 40 C.F.R. 52.21(a)(2) (Applicability Procedures);

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

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

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

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

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

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

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

(iii) 40 C.F.R. 52.21(b)(6) (“building, structure, facility, or installation”);

(iv) 40 C.F.R. 52.21(b)(7) (“emissions unit”);

(v) 40 C.F.R. 52.21(b)(8) (“construction”);

(vi) 40 C.F.R. 52.21(b)(20) (“fugitive emissions”);

(C) 40 C.F.R. 52.21(b)(51) (“reviewing authority”) is not adopted, and the term defined in that provision has the meaning given in 18 AAC 50.990;

(5) 40 C.F.R. 52.21(d) (Ambient Air Ceilings);

(6) 40 C.F.R. 52.21(h) (Stack Heights);

(7) 40 C.F.R. 52.21(i) (Exemptions);

(8) 40 C.F.R. 52.21(j) (Control Technology Review); (9) 40 C.F.R. 52.21(k) (Source Impact Analysis);

(10) 40 C.F.R. 52.21( l ) (Air Quality Models);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

21 (11) 40 C.F.R. 52.21(m) (Air Quality Analysis);

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

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

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

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

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

(17) repealed 7/25/2008;

(18) repealed 7/25/2008;

(19) repealed 7/25/2008;

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

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

(B) the requirements of 40 C.F.R. 52.21(aa)(12)(iii) also apply to owners or operators using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents or from activities emitting sulfur dioxide from the
combustion of fuel.

(21) 40 C.F.R. 52.22 (Enforceable Commitments for Further Actions Addressing the Pollutant Greenhouse Gases (GHGs)).

(i) From the following provisions of 40 C. F.R. 51.165 (Permit Requirements), as revised as of July 1, 2011, text setting out provisions that a state implementation plan shall or may contain is adopted by reference as follows:

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

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

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

(ii) 40 C.F.R. 51.165(a)(1)(ii) (“building, structure, facility, or installation”); (iii) 40 C.F.R. 51.165(a)(1)(iii) (“potential to emit”);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

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

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

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

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

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

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

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

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

(7) repealed 7/25/2008;

(8) repealed 7/25/2008;

(9) repealed 7/25/2008;

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

(A) mass balance calculations as authorized under 40 C.F.R. 51.165(f)(12)(ii)(A) are also acceptable for activities using coating or solvents or for activities emitting sulfur dioxide from the combustion of fuel;

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

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of August 2, 2010, are adopted by reference, except as provided in 18 AAC 50.326:

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

(2) 40 C.F.R. 71.3 (Sources Subject to Permitting Requirements);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

23 (3) 40 C.F.R. 71.5(a) - (c) (Permit Applications);

(4) 40 C.F.R. 71.6(a) - (f) (Permit Content);

(5) 40 C.F.R. 71.7(a) - (e) (Permit Issuance, Renewal, Reopenings, and Revisions); (6) 40 C.F.R. 71.8 (Affected State Review);

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

(8) 40 C.F.R. 71.11(a) - (h) and (j) - (k) (Administrative Record, Public Participation, and Administrative Review).

(9) 40 C.F.R. 71.13 (Enforceable Commitments for Further Actions Addressing Greenhouse Gases (GHGs)).

(k) The provisions of 40 C.F.R. Part 64, as revised as of July 1, 2011, are adopted by reference to the extent that they apply to a Title V source. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 6/1/2002, Register 162; am 8/15/2002, Register 163; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030
AS 46.14.010

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

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

As of Register 199 (October 2011), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 18 AAC 50.040(a).

The July 1, 2011, publication of 40 C.F.R. Part 60, Subparts LLLL and MMMM contains printing errors: Annotations that follow those provisions incorrectly describe the United States Environmental Protection Agency as having indefinitely delayed their effective dates.

18 AAC 50.045. Prohibitions. (a) A person may not dilute emissions with air to comply with this chapter, except that dilution air may be used at a sulfur recovery plant with a maximum production rate of 20 long tons per day or less to comply with the 500 ppm sulfur dioxide requirement of 18 AAC 50.055(c).Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

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

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

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

(3) increasing exhaust gas plume rise by

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

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

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

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

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

(2) combining the exhaust gases from several stacks into one stack if the stationary source was originally designed and constructed with combined exhaust streams;

(3) combining the exhaust gases from several stacks into one stack, if done when an emission control system is installed and results in a net reduction in the allowable emissions of the controlled air pollutant; or

(4) any technique that increases the exhaust gas plume rise if the allowableRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

25 emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030
AS 46.14.010

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust effluent of an incinerator, including an air cu rtain incinerator, may not be reduced by visible emissions, excluding condensed water vapor, by more than 20 percent averaged over any six
consecutive minutes.

(b) Particulate matter emissions from an incinerator may not exceed the particulate
matter standard listed for that incinerator in Table 4 in this subsection.

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard

Rated capacity less than 1,000 pounds per hour No limit

Rated capacity greater than or equal to 1,000 but less than 2,000 pounds per hour 0.15 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide and standard conditions, averaged over
three hours

Rated capacity greater than or equal to 2,000 pounds per hour 0.08 grains per cubic foot of exhaust gas corrected to 12 percent carbon dioxide and standard conditions, averaged over
three hours

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

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030

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

18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible emissions, excluding condensed water vapor, fr om an industrial process or fuel-burningRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

26 equipment may not reduce visibility through the exhaust effluent by

(1) more than 20 percent averaged over any six consecutive minutes, except as provided in (2) - (9) of this subsection;

(2) more than 30 percent averaged over any six consecutive minutes for fuelburning equipment in operation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(3) more than 55 percent for a urea prilling tower in operation before July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on adaily 24-hour average of five-second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance Specification Number 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040;

(4) 20 percent or greater averaged over any six consecutive minutes for an asphalt plant constructed or modified after June 11, 1973;

(5) 20 percent or greater averaged over any six consecutive minutes for process emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or modified after November 1, 1982;

(6) 10 percent or greater averaged over any six consecutive minutes for a pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982;

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

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

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

(A) the visible emissions are caused by startup, shutdown, soot-blowing, grate cleaning, or other routine maintenance activities specified in an operating permit issued under this chapter;

(B) the owner or operator of the boiler monitors visible emissions by continuous opacity monitoring instrumentation that (i) conforms to Performance Specification 1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; and

(ii) completes one cycle of sampling and analyzing for each successive 15-second period;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

27 (C) the owner or operator of the boiler provides the department with a demonstration that the particulate matter emissions from the boiler allowed by this opacity limit will not cause or contribute to a violation of the ambient air quality standards for PM-10 in 18 AAC 50.010, or to cause the maximum allowable increases for PM-10 in 18 AAC 50.020 to be exceeded; and

(D) the federal administrator approves a stationary source-specific revision to the state implementation plan, required under 42 U.S.C. 7410, authorizing the application of this opacity limit instead of the opacity limit otherwise applicable under
this section.

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

(1) 0.05 grains, except as provided in (2) - (6) of this subsection, (d) - (f) of this section, and 18 AAC 50.060;

(2) 0.1 grains for a steam generating plant fueled by

(A) coal, and in operation before July 1, 1972;

(B) coal, and rated less than 250 million Btu per hour heat input; or

(C) municipal wastes;

(3) 0.1 grains for an industrial process in operation before July 1, 1972, except as provided in (6) of this subsection;

(4) 0.15 grains for fuel-burning equipment in operation before November 1, 1982, and using more than 20 percent woodwaste as fuel;

(5) 0.04 grains for an asphalt plant constructed or modified after June 11, 1973;

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

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

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

(1) for a catalytic cracking unit catalyst regeneratorRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(B) 43.0 additional grams of particulate matter per million joules supplemental heat attributable to fuels burned in a catalyst regenerator waste heat boiler; and

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

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

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

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

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

(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel gas containing 230 milligrams hydrogen sulfide per dry standard cubic meter;

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm;

(C) for fuel-burning equipment that burns a combination of fuel gas andother fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the equipment.

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

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter of exhaust gas at standard conditions; and

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

(f) At a portland cement plant, emissions from the following sources, if constructed or modified after November 1, 1982, may not exceed the following:

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms of feed on a dry basis to the kiln; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

29 (2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on a dry basis.

(g) Release of materials other than process emissions, products of combustion, or materials introduced to control pollutant emissions from a stack at a stationary source constructed or modified after November 1, 1982, is prohibited, except as authorized by a construction permit, Title V permit, or air quality control permit issued before October 1, 2004. (Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 11/4/99, Register 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030

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

(1) 20 pounds of sulfur oxides (expressed as sulfur dioxide) from blow pits, washer vents, storage tanks, digester re lief systems, and recovery systems; and

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030

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

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

(2) before igniting the burn, noncombustibles are separated to the greatest extent practicable;

(3) natural or artificially induced draft is present;

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

(5) combustibles are not allowed to smolder.

(b) Black Smoke Prohibited . Except for firefighter training conducted under (h) or (i)Register 203, October 2012 ENVIRONMENTAL CONSERVATION

30 of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other mate rials in a way that gives off black smoke is prohibited without written department approval. Department approval of open burning as an oil spill response countermeasure is subject to the department's In Situ Burning Guidelines for
Alaska , adopted by reference in 18 AAC 50.035. Open burning approved under this subsection is subject to the following limitations:

(1) open burning of liquid hydrocarbons produced during oil or gas well flow tests may occur only when there are no practical means available to recycle, reuse, or dispose of the fluids in a more environmentally acceptable manner;

(2) the person who conducts open burning shall establish reasonable procedures to minimize adverse environmental effects and limit the amount of smoke generated; and

(3) the department will, in its discretion, as a condition of approval issued under this subsection, require public notice as described in (j) of this section. (c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or aci dic gases or particulate matter is prohibited.

(d) Adverse Effects Prohibited . Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby persons or property.

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

(f) Wood Smoke Control Areas . Open burning is prohibited between November 1 and March 31 in a wood smoke control area identified in 18 AAC 50.025(b).

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

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

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

(A) obtain department approval for the location of the proposed firefighter training; approval will be ba sed on whether the proposed open burning isRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

31 likely to adversely affect public health in the neighborhood of the structure; (B) visually identify materials in the structure that might contain asbestos, test those materials for asbestos, and remove all materials that contain asbestos;

(C) ensure that the structure does not contain

(i) putrescible garbage;

(ii) electrical batteries;

(iii) stored chemicals such as fertilizers, pesticides, paints, glues, sealers, tars, solvents, household cleaners, or photographic reagents;

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

(v) hazardous waste;

(vi) lead piping;

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

more; or (viii) urethane or another plastic foam insulation;

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

(E) ensure that a fire-service representative is on-site before igniting the
structure;

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

(3) the fire service shall respond to complaints in accordance with (k) of this
section.

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

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

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

(j) Public Notice . A person required to provide public notice of open burning shall issue the notice through local news media or by other appropriate means if the area of the openRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

32 burning does not have local news media. The public notice must be issued as directed by the department and must (1) state the name of the person conducting the burn;

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

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

(4) for a surprise fire drill, state

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

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

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

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

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

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

(A) the name, address, and telephone number of each person who complained; (B) a short summary of each complaint; and

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

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 AS 46.03.710 AS 46.14.020 Sec. 30, ch. 74, SLA 1993

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

(1) while at berth or at anchor, visibility may be reduced by up to 100 percent for periods aggregating no more than

(A) three minutes in any one hour; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

(A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; (3) during the hour immediately before the completion of all maneuvers to anchor or make fast to the shore, visibility may be reduced under one, but not both, of the following options: (A) visibility may be reduced by up to 40 percent for that entire hour; or

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; and

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced by up to 100 percent for periods aggregating no more than three minutes in any one hour. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.010

18 AAC 50.075. Wood-fired heating device vi sible emission standards. (a) A person may not operate a wood-fired heating device in a manner that causes

(1) black smoke; or

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

(b) A person may not operate a wood-fired heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a provision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030.

(Eff. 1/18/97, Register 141; am 5/6/2009, Register 190)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030Register 203, October 2012 ENVIRONMENTAL CONSERVATION

34 18 AAC 50.080. Ice fog standards. The department will, in its discretion, require a person who proposes to build or operate an industrial process, fuel-burning equipment, or incinerator in an area of potential ice fog to obtain a permit and to reduce water emissions. (Eff. 1/18/97, Register 141)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010

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

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

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

(3) a closed vent system and control device that collects and reduces organic vapors emitted to the atmosphere by at least 95 percent (six-hour average), as specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030; or

(4) a system that the department determines is as effective as those described in(2) or (3) of this subsection, using procedures in the document referred to in (3) of this subsection.

(b) The owner, operator, or permittee of a volatile liquid storage tank with an internal floating roof described in (a)(1) of this section shall reduce organic vapors emitted to the atmosphere by modifying the seals and fittings to meet the specifications of 40 C.F.R. 60.112b(a)(1), adopted by reference in 18 AAC 50.040, no later than the first time after June 1, 1995 that the tank is emptied and degassed.

(c) The owner, operator, or permittee of a volatile liquid storage tank that is located in the Port of Anchorage, that has a volume equal to or greater than 952 barrels (40,000 gallons) but less than 9,000 barrels (378,000 gallons), and that is not equipped with a control device described in (a)(1) - (4) of this section, shall, no later than the first time on or after June 1, 1995 that the tank is emptied and degassed, reduce organic vapors emitted to the atmosphere by installing conservation vents on the tank as specified in the document referred to in (a)(3) of this
section.

(d) When conducting source testing, the department will, and the owner, operator, or permittee shall, use the procedures specified in the document referred to in (a)(3) of this section to determine compliance with this section. In accordance with those procedures, the owner,Register 203, October 2012 ENVIRONMENTAL CONSERVATION

35 operator, or permittee of a volatile liquid storage tank subject to this section shall

(1) periodically inspect air pollution control equipment; (2) repair any deficiencies detected;

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

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030
Editor's note : A complete description of the Port of Anchorage is in the state air quality control plan adopted by reference in 18 AAC 50.030.

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

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

(B) collects all organic vapors displaced during the loading of vaporladen delivery tanks;

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

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

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

(ii) a system that the department determines is as effective as the control device described in (i) of this subparagraph; in making a determinationunder this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by reference in 18 AAC 50.030;

(E) prevents the gauge pressure in any delivery tank connected to the vapor collection system from exceeding 18 inches of water; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(2) preventing the loading of liquid product into any vapor-laden delivery tank
unless the tank (A) is connected to a vapor collection system that meets the requirements of (1) of this subsection; and (B) has been certified vapor-tight under (b) of this section within the preceding 12 months; and

(3) preventing leaks in the vapor collection system or liquid loading equipment that result in the release of a volatile liquid organic or a volatile organic vapor in a concentration exceeding 10,000 ppm by volume, measured as methane.

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

(1) perform annual tests to certify that the delivery tank is vapor-tight; the owner or operator shall perform an annual test in accordance with 40 C.F.R. Part 60, Appendix A-8, Method 27, adopted by reference in 18 AAC 50.040(a), except that

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

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

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

(2) mark the delivery tank with the month and year that the tank was last certified vapor-tight according to the test required under (1) of this subsection as follows;

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

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

(i) the delivery tank must be marked with letters and numerals at least four inches high; (ii) the color of the letters and numerals must contrast with theRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

37 color of the tank;

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

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

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

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

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

, adopted by reference in 18 AAC 50.030, to determine compliance with this section. In accordance with those procedures, the owner, operator, or permittee shall

(1) periodically inspect air pollution control equipment;

(2) repair any deficiencies detected;

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

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030

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

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad engines are not included when determining the cla ssification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance with other applicable air pollution control re quirements. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030
AS 46.14.020Register 203, October 2012 ENVIRONMENTAL CONSERVATION

38 18 AAC 50.110. Air pollution prohibited. No person may permit any emission which is injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of lif e or property. (Eff. 5/26/72, Register 42)

Authority: AS 46.03.020 AS 46.03.710Register 203, October 2012 ENVIRONMENTAL CONSERVATION

39 Article 2. Program Administration

.

Section 200. Information requests 201. Ambient air quality investigation
205. Certification 210. (Repealed) 215. Ambient air quality analysis methods
220. Enforceable test methods 225. Owner-requested limits 230. Preapproved limits 235. Unavoidable emergencies and malfunctions
240. Excess emissions 245. Air episodes and advisories 250. Procedures and criteria for revising air quality classifications 260. Guidelines for best available retrofit technology under the regional haze rule

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

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.020

18 AAC 50.201. Ambient air quality investigation . (a) Upon a finding by the department that emissions from an existing st ationary source have a reasonable likelihood of causing or significantly contributing to ambient con centrations of one or more air pollutants that exceed an ambient air quality standard, maximum allowable increase, or the limitations of 18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the effect of the stationary source’s emissions of those air pollutants on ambient air or on the limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the department, must satisfy the evaluation requirements of this section, and any prior analysis must accurately represent the stationary source’s emissions.

(b) Based on an evaluation submitted under (a) of this section or other information in the department's possession and subject to AS 46.14.010( e), the department may require an existing stationary source to reduce emissions or implement another control strategy to reduce the ambient impact of those emissions as necessary to ensure that the concentration of air pollutants in the ambient air does not exceed the ambient air quality standards, maximum allowable increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed as a source-specific permit condition or as a regulation. Before imposing a reduction or control strategy, the department will consult with the affected owner, operator, or permittee and provide the affected public an opportunity for comment and hearing. To the extent practicable, given the costs of determining an equitable allocation, any emission reduction or control strategy imposedRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

40 under this section will be equitably allocated among stationary, mobile, and area sources and source categories based upon their relative contribution to the ambient impacts of concern, the cost of additional controls, and other equitable factors.

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

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

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

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993
AS 46.14.020 AS 46.14.120

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or compliance certification required by the department under a permit program established under AS 46.14 or this chapter must include the signature of a responsible official for the permitted stationary source following the statement: "Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete."

(b) The department may accept an electronic signature on an electronic application or other electronic record required by the department under a permit program established under AS 46.14 or this chapter if

(1) a certifying authority registered under AS 09.25.510 verifies that the electronic signature is authentic; and

(2) the person providing the electronic signature has made an agreement, with the certifying authority described in (1) of this subsection, that the person accepts or agrees to be bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140 AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)Register 203, October 2012 ENVIRONMENTAL CONSERVATION

41 18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits meteorological or ambient air monitoring data under AS 46.03, AS 46.14, or this chapter shall
obtain the data in accordance with

(1) the department's Alaska Quality Assurance Project Plan for the State of Alaska Air Monitoring & Quality Assurance Program , adopted by reference in 18 AAC 50.030, for PM-2.5, PM-10, total suspended particulates (TSP), lead, carbon monoxide, nitrogen dioxide, sulfur dioxide, ozone, and ammonia;

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

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

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

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

(1) ensure that estimates of ambient concentrations and impairment to visibility are based on applicable air quality models, databases, and other requirements specified in 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 18 AAC 50.040(f); and

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

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

(B) the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources included in the
baseline concentration.

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

(1) demonstrating, consistent with 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), Section 3.2.2 (Use of Alternative Models – Recommendations), adopted by reference in 18 AAC 50.040(f), that the alternative air quality model is more appropriate than a preferred air quality model; and

(2) obtaining approval from the regional administrator and the commissioner.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

42 (d) Table 5 establishes the significant impact level, expressed as micrograms per cubic meter, for each pollutant and averaging period. If the ambient impacts from emissions from a stationary source or modification are less than the concentrations in Table 5, the emissions are not considered to cause or contribute to a violation of an ambient air quality standard or maximum allowable increase for a Class II area. A person shall conduct the comparison of a modeled impact to the significant impact level as follows;

(1) for the PM-2.5 significant impact level, or the one-hour sulfur dioxide significant impact level, the person shall compare

(A) the highest modeled concentration when using either one year of meteorological data or screening meteorological data; or

(B) the highest multi-year average concentration when using a multi-year meteorological data set; and

(2) for all other pollutants and averaging periods, the person shall use the highest
modeled concentration.

Table 5. Significant Impact Levels (SILs)

Pollutant Significant impact level (micrograms per cubic meter)

Averaging period

Annual 24 hours 8 hours 3 hours 1hour

Sulfur

dioxide 1.0 5 N/A 25 8

PM-10 1.0 5 N/A N/A N/A

PM 2.5 0.3 1.2 N/A N/A N/A

Nitrogen

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

Carbon

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

Note to Table 5: In this table, “N/A” means not applicable.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

43 (e) A person may use the AERSCREEN dispersion model as an allowed screening technique under Section 4.2.1 of 40 C.F.R. Part 51, Appendix W (Guideline on Air Quality Models), adopted by reference in 18 AAC 50.040(f), for estimating the ambient impacts from onshore sources, if the analysis conducted with AERSCREEN is consistent with EPA’s
AERSCREEN Users Guide , adopted by reference in 18 AAC 50.035(a). (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Re gister 171; am 7/25/2008, Register 187; am 4/1/2010, Register 193; am 10/29/2010, Regist er 196; am 9/17/2011, Register 199; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.140 Sec. 30, ch. 74, SLA 1993
AS 46.14.030 AS 46.14.180

18 AAC 50.220. Enforceable test methods . (a) The department may require an owner, operator, or permittee to conduct air pollutant emission tests to determine compliance with AS 46.14 and this chapter. If an applicable emission standard, permit provision, or other requirement specifies a time period within which testing must be completed, the owner, operator, or permittee shall conduct the testing within the specified period regardless of whether the department explicitly calls for testing under this subsection.

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

(1) at a point or points that characterize the actual discharge into the ambient air;
and (2) at the maximum rated burning or operating capacity of the emission unit or another rate determined by the department to characterize the actual discharge into the ambient
air. (c) Reference test methods to be used by the owner, operator, or permittee for an applicable requirement of AS 46.14 or this chapter are as follows:

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

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

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

(C) source testing for compliance with requirements adopted by reference in 18 AAC 50.040(c) must be conducted in accordance with the source test methods and procedures specified in 40 C.F. R. Part 63, adopted by reference in 18 AAC 50.040(c);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

44 (D) source testing for reduction in visibility through the exhaust effluent must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air Quality Visible Emissions Evaluation Procedur es," of the state air quality control plan, adopted by reference in 18 AAC 50.030;

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by reference in 18 AAC 50.040; and

(F) source testing for emissions of PM-10 and PM-2.5 must follow the procedures set out in Appendix M to 40 C.F.R. Part 51, adopted by reference in 18 AAC 50.035;

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

(3) standard exhaust gas volumes must include only the volume of gases formed from the theoretical combustion of the fuel, plus the excess air volume normal for the specific emission unit type, corrected to standard conditions.

(d) In deciding whether to require a test under (a) of this section, the department will
consider (1) the compliance status of the emissi on unit and the margin of compliance with each applicable requirement as demonstrated by prior compliance tests or other reasonably accurate data or calculations;

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

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

(e) The owner, operator, or permittee shall submit the results of testing conducted under this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of the state air quality control plan, adopted by reference in 18 AAC 50.030.

(f) In source testing for compliance with the particulate matter standards in 18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of three one-hour test runs. The source test must account for those emissions caused by soot blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test run includes the emissions caused by the routine maintenance activity and is conducted under conditions that lead to representative emissions from that activity. The emissions must be quantified using the following equation:Register 203, October 2012 ENVIRONMENTAL CONSERVATION

45 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 particulate emissions in gr/dscf measured by the test runs that did not include routine maintenance activity. A = the period of routine maintenance activity occurring during the test tun that included routine maintenance activity, expressed to the nearest
hundredth of an hour. B = the total period of the test run, less A. R = the maximum period of source operation per 24 hours, expressed to the
nearest hundredth of an hour.S = the maximum period of routine maintenance activity per 24 hours, expressed to the nearest hundredth of an hour. (Eff. 1/18/97, Register 141; am 10/1/2004, Regi ster 171; am 9/17/2011, Register 199; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140 AS 46.14.010 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

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 to avoid all permitting obligations under AS 46.14.130. A limitation approved under this section is an enforceable limitation for the purpose of determining

(1) stationary source-specific allowable emissions; and

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

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

(1) a completed stationary source identification form;

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

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

(4) a description of each proposed limit, including for each air pollutant a calculation of the effect the limit will have on the stationary source's potential to emit and the allowable emissions; (5) a description of a verifiable method to attain and maintain each limit,            

A x R

BS

- R

S)

- (R E + A x R S

x B) + (A E = E NM MRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

46 including monitoring and recordkeeping requirements;

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

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

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

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

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

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

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

(d) If the department makes a preliminary decision to approve a request under (c) of this section, the department will solicit public comment on the preliminary decision as follows:

(1) the department will publish a notice in a newspaper of general circulation within the area where the stationary source is or will be located; the department will publish this notice in two consecutive issues of the newspaper and in other media the department considers appropriate; the notice will include

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

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

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

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

(2) the department will make available for public review, in at least one location within the area affected by the stationary source, the materials submitted by the owner or operator and a copy of the proposed limit;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

47 (3) the department, upon its own motion or upon a request made in accordance with 18 AAC 15.060, will hold a public hearing on the application as described in 18 AAC 15.060(d) - (h); and

(4) the department will accept public comments and testimony on the proposed limit for 30 days after publishing the notice required by (1) of this subsection; if the department determines additional time is needed to allow full public participation, it will

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

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

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

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

(1) describes the terms and conditions of the approval, including specific testing, monitoring, recordkeeping, or reporting requirements;

(2) lists all equipment covered by the approval;

(3) describes the requirement that the limit allows the owner or operator to avoid;
and (4) contains the statement "I understand and agree to the terms and conditions of this approval" followed by a space for the owner's or operator's signature.

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

(h) The owner or operator may request the department to revise the terms or conditions of the approval issued under this section by submitting a new request under (b) of this section. The owner or operator may request the department to revoke the approval in writing by explaining the reason for the request and applying for each permit listed in the original approval under (f) of this section as if the limit had neve r been approved. The limit remains in effect until the owner or operatorRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

48 (1) obtains a new limit that allows the owner or operator to continue to avoid the requirement; or

(2) for a request to revoke the limit, obtains any permit that was avoided, and complies with any other requirement that was avoided.

(i) If an owner or operator requests a limit under this section for a stationary source that already has one or more limits approved under this section, the owner or operator shall provide a copy of all existing limits with the information provided under (b) of this section. This copy is required regardless of whether the new limit will apply to emission units regulated under any existing limits. If the department makes a preliminary decision to approve the new limit, the department will combine the new limit and all existing limits into a single decisional document and process it in accordance with (d) – (g) of this section. All existing limits remain in effect until the effective date of the new decision, unle ss revoked earlier in accordance with (h) of this section. (Eff. 1/18/97, Register 141; am 6/21/ 98, Register 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/25/2008, Regist er 187; am 12/9/2010, Register 196; am 9/14/2012, Register 203)

Authority: AS 46.14.020 AS 46.03.020 AS 46.14.140
AS 46.14.030 AS 46.14.120

18 AAC 50.230. Preapproved emission limits . (a) This section sets out limits for certain stationary sources that become effective the day after the department receives a request containing all the required information. Under these "preapproved" emission limits or PAELs, no additional department approval is required. The owner and operator shall comply with the
limit while that limit is in effect. The limit rema ins in effect until revoked in accordance with (e)
of this section. (b) The owner or operator of a stationary source containing one or more emission units described in (c) or (d) of this section may request that the preapproved limits in those subsections be applied to that stationary source. To make the request, the owner or operator shall submit to the department the information required for the limit requested.

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel engines may be established by restricting the amount of fuel that may be burned in an engine. To implement these limits, the owner or operator shall

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

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

(B) a list of all diesel engines at the stationary source to which the limits will apply, including the model and rated capacity of each diesel engine;

(C) the maximum quantity of fuel, in gallons, that the owner or operatorRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

49 will be limited to use in the equipment listed in (B) of this paragraph in any consecutive 12 months; (D) a calculation of the nitrogen oxides, in tons per year, that the equipment listed in (B) of this paragraph would have the potential to emit if subjected to the limits on fuel use proposed under (C) of this paragraph, determined by dividing the number provided under (C) of this paragraph by 3,309;

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

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

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

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

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

(2) agree to

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

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

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

year.

(d) The owner or operator of a gasoline distribution facility may limit the maximumRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

(A) the name and address of the stationary source to which the limit will apply; (B) a list of each tank containing gasoline at the stationary source, including the working capacity of each tank;

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

(D) a certification bearing the signature of the owner or operator stating
that (i) "Based on information and belief formed after reasonable inquiry, I certify that the information in this request is true, accurate, and complete"; and

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

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

(2) agree to

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

(C) keep all receipts for fuel sales and all records under (B) of this paragraph available for department inspection for at least five years; and

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

(e) The owner or operator may terminate a limit under this section by notifying the department, in writing, of the proposed date for termination of the limit. On and after the proposed date, the limit is no longer in effect unless the limit made it possible for the owner or operator to avoid any preconstruction review procedures or to avoid the requirement for an operating permit. If the limit

(1) made it possible for the owner or operator to avoid any preconstruction review under this chapter, the limit remains in effect until the owner or operator obtainsRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff. 1/18/97, Register 141; am 6/21/98, Regi ster 146; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194)

Authority: AS 44.46.025 AS 46.14.030 AS 46.14.170
AS 46.03.020 AS 46.14.120 AS 46.14.180
AS 46.14.010 AS 46.14.130 AS 46.14.240
AS 46.14.020

18 AAC 50.235. Unavoidable emergencies and malfunctions . (a) If an unavoidable emergency, malfunction, or nonroutine repair causes emissions in excess of a technology-based emission standard, the owner, operator, or permittee shall

(1) take all reasonable steps to minimize levels of emissions that exceed the standard; and (2) give written notice to the appropriate department office within two working days after the event commenced or was discovered; notice under this paragraph must include a description of the event, the cause of the event, steps taken to mitigate emissions, and corrective
measures taken or to be taken.

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

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

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

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

(c) In any enforcement action, the person seeking to assert the affirmative defense underRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

52 AS 46.14.560 and this section has the burden of proof. (d) For the purposes of this section, an emergency or malfunction is unavoidable

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

(2) to the extent it was not the result of improper design, lack of preventive maintenance, careless or improper operation, or operator error. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560

18 AAC 50.240. Excess emissions. (a) In an enforcement action, the owner, operator, or permittee has the burden of proving that excess emissions were unavoidable. This demonstration is a condition to obtaining relief under (d), (e), and (f) of this section.

(b) Excess emissions determined to be unavoidable under this section will be excused and are not subject to penalty. This section does not limit the department's power to enjoin the emission or require corrective action.

(c) Excess emissions that present a potential threat to human health or safety or that the owner, operator, or permittee believes to be unavoidable must be reported to the department as soon as possible. Unless otherwise specified in the stationary source's permit, other excess emissions must be reported within 30 days after the end of the month during which the emissions occurred or as part of the next routine emission monitoring report, whichever is sooner. If requested by the department, the owner, operator, or permittee shall submit a full written report that includes the known causes, the corrective actions taken, and the preventive measures to be
taken to minimize or eliminate the chance of recurrence.

(d) Excess emissions due to startup or shutdown will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates
that (1) the excess emissions could not have been prevented through careful planning and design; and

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

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

(f) Excess emissions due to upsets will be considered unavoidable if the owner, operator, or permittee reports them as required under (c) of this section and demonstrates thatRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

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

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.560
AS 46.14.030

18 AAC 50.245. Air episodes and advisories. (a) The department may declare an air episode and prescribe and publicize curtailment action if the concentration of an air pollutant in the ambient air has reached, or is likely in the immediate future to reach, any of the
concentrations established in Table 6 in this subsection.

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}Register 203, October 2012 ENVIRONMENTAL CONSERVATION

54 Air emergency Sulfur dioxide 1,600 (24-hour average) {0.61 ppm}

PM-10 420 (24-hour average)

PM-10 from wood burning (wood smoke control areas) During an air alert, a concentration measured or predicted to exceed 92 (24-hour average), and to continue to increase beyond the concentration that triggered the air alert

Carbon monoxide 34,000 (8-hour average) {30 ppm}

(b) The department will declare an air quality advisory if, in its judgment, air quality or atmospheric dispersion conditions exist that might threaten public health.

(c) If the department declares an air quality advisory under (b) of this section, the department will (1) request voluntary emission curtailments from any person issued a permit under this chapter whose stationary source’s emissions might impact the area subject to the advisory; and (2) publicize actions to be taken to protect public health. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993
AS 46.14.010 AS 46.14.030

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

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

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

or (2) a national monument, national primitive area, national preserve, national recreation area, national wild and scenic river, national wildlife refuge or range, or a national
lakeshore or seashore.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

55 (c) The department will, on its own motion, or upon receipt of a petition under AS 44.62.220, propose to change the air quality classification of a geographical area. The department will, in its discretion, combine or coordinate any public meetings or hearings conducted under (e) of this section with those conducted under AS 44.62.180 - 44.62.290. The department will make the report prepared under (d) of this section available to the public during the public comment period provided under AS 44.62.210.

(d) Before proposing a change to a geographic air quality classification, the department will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that
includes (1) an accurate description of the boundaries of the geographic area for which the change in air quality classification is proposed;

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

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

(4) a detailed evaluation of new emissions and ambient air quality impacts expected to occur in the area to be reclassified and in adjacent areas as a result of a modification to a stationary source in that area or from cons truction 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 subject to this chapter and AS 46.14.120 or 46.14.130, and could not be permitted under those provisions without a change in the air quality classification for the area;

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

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

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

(1) for any change,

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

(B) the department must have conferred with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

(E) the commissioner must have determined that

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

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

(2) for any change to the classification of lands within the exterior boundary of a reservation of a federally-recognized Indian tribe, the governing body of the tribe must have approved the change; and

(3) for a reclassification of an area to Class III, the change must meet the applicable requirements of 42 U.S.C. 7474, adopted by reference as amended through December 19, 1996.

(f) In this section, “federal land manager” has the meaning given in 40 C.F.R. 51.166(b)(24), as revised as of July 1, 2003 and a dopted by reference. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030
AS 44.62.220 AS 46.03.020

18 AAC 50.260 Guidelines for best available retrofit technology under the regional
haze rule (a) For the purposes of this section, the following are adopted by reference:

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

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

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

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

(D) “stationary source” has the meaning given in AS 46.14.990;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

57 (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 iden tified 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 s ource in accordance with Section III of the BART guideline, each source subject to BART shall comply with (d) through (h) and ( l ) through (o) of
this section.

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

(1) the owner or operator shall:

(A) notify the department no later than 10 days after the latter of December 30, 2007 or notification under (b) of this section that they intend to request exemption from BART through visibility impact analysis modeling; and

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

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

(A) approve the modeling protocol; or

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

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

(A) conduct a visibility impact analysis in accordance with (h)(3) of this section; and (B) submit the visibility impact analysis report, including all supporting documentation, to the department no later than 60 days after the department approves a modeling protocol for the visibility impact analysis; if a modeling protocol is submitted and approved prior to December 30, 2007, the visibility impact analysis report required under this section shall be submitted no later than 90 days after December 30, 2007;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

58 (4) the department will approve an exemption if the owner or operator meets the requirements of (1) and (3) of this subsection and the information submitted adequately demonstrates that the BART-eligible source is not reasonably anticipated to cause or contribute to any impairment of visibility in a Class 1 Area identified in the notice provided under (b) of this section;

(5) if the department does not approve an exemption based on the visibility impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or operator
shall: (A) submit a BART control analysis under (d) and (e) of this section; or

(B) submit an application under 18 AAC 50.225 for owner-requested limits (ORL); that application must be submitted no later than 30 days after the date of the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the owner or operator shall comply with the te rms 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 this subsection; if the decision is to approve an exemption, either through visibility impact analysis or an owner-requested limit, the department will explain what requirements of this section no longer apply to the BART-eligible source.

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) of this section or if the department denies the exemption request under (c) of this section, the owner or operator shall submit a BART assessment modeling protocol that meets the requirements of (h)(3) of this section for control technology visibility impact analysis modeling no more than 30 days after the latest of December 30, 2007

, the date of the department’s notice under (b) of this section, or the date of the department’s notice disapproving the exemption request under (c) of this section. No more than 30 days after submission of a modeling protocol under this subsection, the department will

(1) approve the modeling protocol; or

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

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

(1) no more than 210 days after the later of December 30, 2007 or the date of the department’s notice under (b) of this section, if the owner or operator did not submit an exemption modeling protocol under (c)(1) of this section; orRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

59 (2) no more than 180 days after the date of the department’s notice disapproving an exemption request submitted under (c) of this section.

(f) The pollutants of concern for purposes of BART are SO 2 , NO
x , and PM 10

.

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

(h) A visibility impact analysis must:

(1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls;

(2) determine the maximum change in visibility impacts in daily deciviews, between the current or pre-control technology and each potential BART control option consistent with the approved modeling protocol compared to the annual average default natural visibility
condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule , EPA-454/B-03-005, dated September 2003 and adopted by reference, at each Class I area identified in the notice under (b) of this section.

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

(A) the Western Regional Air Partnership’s CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United
States , dated August 15, 2006 and adopted by reference, as amended by the Summary of WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by reference; or

(B) a modified protocol that was first submitted as a draft and made available for at least a 15-day review by EPA and each affected federal land manager, and subsequently approved in writing by the department.

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

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

(1) the pollutant-specific emission limits for each emission unit at each source subject to BART; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

60 (2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j);

(k) No more than 120 days after receipt of BART analysis under (e) of this section, the department will publish a notice of its preliminary BART determination and provide at least 30 days for the public to comment in accordance with 40 C.F.R. 71.11, adopted by reference in 18 AAC 50.040(j) except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(2) the department will hold a public hearing only if one is requested within 15 days after publication of the notice.

(l) Within 15 days after the deadline for receipt of public comments, and after consideration of comments and testimony received, the department will make a final BART determination and provide written notice to each owner or operator, EPA, each affected federal land manager, and any person who commented on the preliminary BART determination. In the final BART determination, the department will include

(1) the pollutant-specific emission limits for each emission unit at each source subject to BART; and

(2) the monitoring, record-keeping, and reporting needed to demonstrate compliance with the emission limits, consistent with 40 C.F.R. 71.6(a)(3), adopted by reference in 18 AAC 50.040(j).

(m) An informal review of the final BART determination may be requested as prescribed in 18 AAC 15.185. An adjudicatory hearing of the final BART determination may be requested as prescribed in 18 AAC 15.195 – 18 AAC 15.340.

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

(o) The owner or operator of a source required to install control equipment to comply
with the BART determination shall:

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

(2) conduct monitoring, recordkeeping, and reporting in accordance with the
methods set out in the final BART determination.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

61 (p) Department services under this section are designated regulatory services for preapplication assistance and will be billed to the operating permit covering the source subject to BART as set out in 18 AAC 50. 400(j)

(q) In this section,

(1) “BART” has the meaning given the term “Best Available Retrofit Technology” in 40 C.F.R. 51.301, adopted by reference in (a) of this section;

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

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

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

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

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

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

(8) “maximum change” means the greatest relative change in visibility between pre-BART controls and post-BART controls for purposes of this section;

(9) “sources subject to BART” means a source indentified by the department in accordance with Section III of the BART guidelines;

(10) “visibility impact analysis” means an air quality modeling analysis conducted for the purposes of determining visib ility impacts. (Eff. 12/30/2007, Register 184; am 7/1/2010, Register 194)

Authority: AS 46.03.710 AS 46.14.010 Sec. 30, ch. 74, SLA 1993
AS 46.14.020 AS 46.14.030Register 203, October 2012 ENVIRONMENTAL CONSERVATION

62 Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Rule, the CALMET/CALPUFF Protocol for BART Exem ption 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 o ffice. To obtain a copy of these or any other documents adopted by reference in this section, contact the Department of Environmental Conservation, Air Quality Division at (907) 465-5100.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

63 Article 3. Major Stationary Source Permits.

Section 300. (Repealed) 301. Permit continuity 302. Construction permits 305. (Repealed) 306. Prevention of significant deterioration (PSD) permits 310. (Repealed) 311. Nonattainment area major stationary source permits 315. (Repealed)
316. Preconstruction review for construction or reconstruction of a major source of hazardous air pollutants 320. (Repealed) 321. Case-by-case maximum achievable control technology determinations 322. (Repealed) 325. (Repealed) 326. Title V operating permits 330. (Repealed) 335. (Repealed) 340. (Repealed) 341. (Repealed) 345. Construction and operating permits: standard permit conditions 346. Construction and operating permits: other permit conditions 350. (Repealed) 355. (Repealed) 360. (Repealed) 365. (Repealed) 370. (Repealed) 375. (Repealed) 380. (Repealed) 385. (Repealed) 390. (Repealed)

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

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

(1) expires, consistent with AS 46.14.230;

(2) is revoked by the department under AS 46.14.280; or

(3) is replaced by a permit issued under this chapter.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.230
AS 46.14.010 AS 46.14.130 AS 46.14.280
AS 46.14.020 AS 46.14.140

18 AAC 50.302. Construction permits. (a) An owner or operator must obtain a construction permit before beginning actual construction of a new major stationary source, a major modification, a PAL major modification, or a new stationary source or modification subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i)). The owner or operator must obtain one or more of the following types of construction permits, as applicable:

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

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

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

(b) If a stationary source or modification requires permits under more than one section in this chapter, the owner or operator may file a single permit application, and the department will issue a single permit incorporating all applicable construction permit requirements.

(c) If a term or condition is established in a PSD permit listed in (a)(1) of this section, or established in a PSD permit incorporated into a permit under (b) of this section, and is identified in the permit as solely necessary to meet a Title V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3), the term or condition is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff.10/1/2004, Register 171; am 12/9/2010, Register 196; am 9/14/2012, Register 203)

Authority : AS 46.03.020 AS 46.14.030 AS 46.14.140 AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993
AS 46.14.020

18 AAC 50.305. Construction permit provisions requested by the owner orRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

65 operator. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

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

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

(1) in 40 C.F.R. 52.21,

(A) the term “administrator” means

(i) “federal administrator” in 40 C.F.R. 52.21(b)(17), (b)(37), (b)(43), (b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and

(ii) “department” elsewhere;

(B) the term “national ambient air quality standard” means an ambient air quality standard set out in 18 AAC 50.010 for this state;

(C) the term “ambient air increment” or “maximum allowable increase” means a maximum allowable increase set out in Table 3 in 18 AAC 50.020(b);

(2) 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;

(3) in 40 C.F.R. 52.21(i)(1)(xi), each reference to the date “July 15, 2008” is replaced with “December 9, 2010”.

(c) The department will issue each permit under this section following the procedures and other requirements of AS 46.14, and of 40 C.F.R. 51.166(f) and (q)(2), and 40 C.F.R. 52.21, as adopted by reference in 18 AAC 50.040, with the following additions and exemptions:

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

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

(3) if requested by the owner or operator of a stationary source or modification that requires both a PSD permit and a Title V permit or permit modification, the department will integrate review of the operating permit application or amendment required by 18 AAC 50.326Register 203, October 2012 ENVIRONMENTAL CONSERVATION

66 and the PSD permit application required by this section; a PSD permit application designated for integrated review will be processed in accordance with procedures and deadlines described in
18 AAC 50.326.

(d) In each PSD permit issued under this section, the department will include terms and
conditions (1) as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this section, including terms and conditions consistent with AS 46.14.180 that require the permittee to

(A) install, use, and maintain monitoring equipment;

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

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

(D) keep records; and

(E) make periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420.

(e) A person described in AS 46.14.200 may request an adjudicatory hearing to challenge the issuance, denial, or conditions of a PSD permit as prescribed in 18 AAC 15.195 – 18 AAC 15.340. (Eff.10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.310. Construction permits: application. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

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

(b) The application for a permit under this section must include (1) for the nonattainment air pollutant, aRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

67 (A) demonstration, including substantiating information, that emissions of the pollutant will be controlled to a rate that represents the lowest achievable emission rate (LAER); (B) demonstration that reductions in actual emissions from other stationary sources within the nonattainment area will equal or exceed the expected maximum emissions increase from the construction and operation of the stationary source or modification; and

(C) description of the proposed reductions in actual emissions used to demonstrate satisfaction of the requirements in (B) of this paragraph; the description
must include (i) from each stationary source providing the emission reductions, a complete application for a minor permit under 18 AAC 50.508(4); and

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

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

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

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

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

(c) In accordance with 40 C.F.R. 51.161, as revised as of July 1, 2003 and adopted by reference, the department will provide notice and opportunity for a 30 - day public comment period on the department’s proposed permit or proposed denial. The department will issue a permit only if the department finds that the applicant has shown that the stationary source or modification will meet the requirements of (b) of this section and 40 C.F.R. 51.165, adopted by
reference in 18 AAC 50.040.

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

(1) as necessary to ensure that the proposed stationary source or modification will meet the requirements of this section, including terms and conditions consistent with
AS 46.14.180 for (A) installation, use, and maintenance of monitoring equipment;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

(D) keeping records; and

(E) making periodic reports on process operations and emissions, and reports consistent with 18 AAC 50.235 – 18 AAC 50.240; and

(2) for payment of fees consistent with 18 AAC 50.400 – 18 AAC 50.420. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.170
AS 46.03.850 AS 46.14.130 AS 46.14.180
AS 46.14.010 AS 46.14.140

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

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

(1) constructing a new major source of hazardous air pollutants subject to that standard; (2) reconstructing a major source of hazardous air pollutants subject to that standard; or (3) reconstructing a major source of hazardous air pollutants in a way that causes the source to become an affected source that is major-emitting under 40 C.F.R. Part 63 and subject to that standard.

(b) Definitions. The term “administrator” as used in 40 C.F.R. 63.5(d) - (e), adopted by reference in 18 AAC 50.040, means “department” for the purposes of this section.

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

(1) the department will prepare a report that contains a preliminary decision toRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

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

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

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

(i) make a preliminary decision to approve or approve with conditions; or

(ii) take a final permit action and deny the permit application for

cause;

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

(A) prepare a draft permit;

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

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

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

(d) Permit Content. In a permit under this section, the department will include terms
and conditions that

(1) reference specific applicable requirements under each applicable subpart of 40 C.F.R. 63, adopted by reference in 18 AAC 50.040;

(2) require reporting in accordance with 18 AAC 50.235 - 18 AAC 50.240; and

(3) require payment of fees in accordance with 18 AAC 50.400 -
18 AAC 50.420. (e) Notification. For each notification that the owner or operator is required to send toRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

70 the administrator under 40 C.F.R. 63.9, adopted by reference in 18 AAC 50.040, the owner or operator shall also send a copy of the notification to the department. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.320. Construction permits: content and duration. Repealed. (Eff. 1/18/97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.321. Case-by-case maximum achievable control technology
determinations. (a) Purpose. This section implements EPA requirements for case-by-case maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) (Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in
18 AAC 50.040.

(b) Applicability. This section applies to any owner or operator who constructs or reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the

(1) major source of hazardous air pollutants has been specifically regulated or exempted from regulation by a standard under 42 U. S.C. 7412(d), (h), or (j) (Clean Air Act secs. 112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or

(2) stationary source is exempted under (c) of this section.

(c) Exclusions from this section. The requirements of this section do not apply to

(1) an electric utility steam generating unit unless, and until such time as that unit is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act, sec. 112(c)(5));

(2) a stationary source that is within a source category that has been deleted from the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or

(3) research and development activities, as defined in 40 C.F.R. 63.41.

(d) Prohibition. A person subject to this section may not begin actual construction or reconstruction of a major source of hazardous air pollutants unless the department has made a final and effective case-by-case determination under (e) of this section under which emissions from the constructed or reconstructed major source of hazardous air pollutants will be controlled to a level no less stringent than the maximum achievable control technology emission limitation
for new sources.

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of thisRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

71 section the owner or operator must obtain a notice of MACT approval under the procedures of 40 C.F.R. 63.43(d) – (m), adopted by reference in 18 AAC 50.040. To the extent practicable, the department will coordinate processing of the notice of MACT approval with the processing of any permit that is required for the stationary source or modification under this chapter.

(f) Definitions. For purposes of this section,

(1) the definitions of 40 C.F.R. 63.41 are adopted by reference, except that “permitting authority” means the department;

(2) terms used in this section that are not defined in 40 C.F.R. 63.41 have the meaning given in the Clean Air Act and 40 C.F.R. 63, Subpart A, except that “construction,” “emission standard,” “fugitive emissions,” “hazardous air pollutant,” “operator,” “owner,” “potential to emit,” and “stationary source” have the meanings given in AS 46.14.990. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172)

Authority: AS 46.14.010(a) AS 46.14.020

18 AAC 50.322. Construction permits: reopenings. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.326. Title V operating permits. (a) Obligation for a permit. Except as provided in (b) – (k) of this section, an owner or operator of a Title V source must obtain a Title V permit consistent with 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040.

(b) Definitions. For purposes of this section, the definitions of 40 C.F.R. 71.2 are adopted by reference, except that

(1) “permitting authority” and “delegate agency” mean the department;

(2) “applicable requirement” also means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department”;

(3) “part 71 permit” means a Title V permit;

(4) “part 71 program” means the permit program under this section;

(5) “part 71 source” means any source subject to the permitting requirements under this section;

(6) “emissions unit” has the meaning given in AS 46.14.990; (7) “stationary source” has the meaning given in AS 46.14.990;

(8) “administrator” means the administrator of EPA, except that “administrator” or “regional administrator” means the department atRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

72 (A) 40 C.F.R. 71.3(e); and

(B) 40 C.F.R. 71.6(a)(7).

(c) Applications. To be timely, an application must satisfy AS 46.14.150, and 40 C.F.R. 71.5(a)(1)(i) - (ii) do not apply. To be timely, an application for renewal must also satisfy 40 C.F.R. 71.5(a)(1)(iii). Application fees must be paid in accordance with 18 AAC 50.400 – 18 AAC 50.430. To establish confidentiality for information submitted to the department, the owner and operator must satisfy the requirements of AS 46.14.520, and 40 C.F.R. 71.5(a)(3) does not apply. The requirements of 18 AAC 50.205 apply to a permit application, report, or compliance certification under this section, and 40 C.F.R. 71.5(d) does not apply. After March 13, 2013, an applicant for an operating permit, modification or revision to an operating permit, or renewal of an existing operating permit must use the department’s Title V Standard Application and Forms, adopted by reference in 18 AAC 50.035(a). The owner or operator of an existing Title V source who is planning a modification that requires a Title I permit as well as an operating permit modification may request either

(1) integrated review of the Title I and Title V permits, in which the department will consolidate all required public notices, hearings, and comment periods; the applicant may provide either one application for both requested permits, or two separate applications; or

(2) changing the Title V permit by administrative amendment under 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040; to qualify for this option, the application must satisfy the requirements for both the Title I and Title V applications; for applications that qualify, the department will issue or deny the Title I permit following the required procedures for the Title I permit, and all of the procedures of this section; a Title I permit must include all of the permit content required for the Title I permit and required under this section.

(d) Applications – insignificant emission units. The provisions in 40 C.F.R. 71.5(c)(11) for insignificant emission units and activities do not apply and are replaced by (d) - (i) of this section. Emission units and activities described in (e) - (i) of this section are insignificant and need not be included in an operating permit application except as follows:

(1) an emission unit is not insignificant and must be included in an operating permit application if the emission unit is subject to

(A) a federal requirement adopted by reference in 18 AAC 50.040(a) - (d);

(B) an emission unit-specific requirement established under

(i) 18 AAC 50.201;

(ii) a construction permit issued under this chapter; or

(iii) a permit issued before January 18, 1997; or (C) a stationary source-specific or emission unit-specific emissionRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

73 limitation;

(2) the application must list each requirement of 18 AAC 50.040(e), 18 AAC 50.050 - 18 AAC 50.075, 18 AAC 50.085, and 18 AAC 50.090 that applies to insignificant emission units at the stationary source;

(3) the application must list each emission unit at the stationary source that is identified as insignificant under (e) or (g) of this section; if requested by the department, the applicant must provide sufficient documentation for the department to determine whether a source has been appropriately listed as insignificant;

(4) the application may not omit information needed to evaluate the fee required under 18 AAC 50.410;

(5) the application must include compliance certification based on reasonable inquiry for insignificant emission units; a compliance certification made during the permit term according to the schedule proposed to satisfy 40 C.F.R. 71.5(c)(9) must include insignificant emission units;

(6) the application must propose conditions for monitoring, record keeping, and reporting if the conditions are necessary to assure compliance with requirements identified in (2)
of this subsection.

(e) Applications – insignificant emission units: emission rate basis. Except as provided in (d) of this section, an emission unit is insignificant based on emission rate if its actual emissions of each air pollutant are less than the rates listed in this subsection. If requested by the department, an applicant or permittee shall demonstrate that an emission unit listed as insignificant under this subsection has actual emissions less than the following rates:

(1) five TPY of carbon monoxide;

(2) two TPY of nitrogen oxides;

(3) two TPY of sulfur oxides;

(4) two TPY of volatile organic compounds;

(5) 0.75 TPY of PM-10;

(6) 0.005 TPY of lead;

(7) 0.15 TPY of fluorides;

(8) 0.35 TPY of sulfuric acid mist;

(9) 0.5 TPY of hydrogen sulfide; (10) 0.5 TPY of total reduced sulfur, including hydrogen sulfide;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

74 (11) 0.000000175 TPY of municipal waste combustor organics, measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans;

(12) 0.75 TPY of municipal waste combustor metals, measured as particulate
matter; (13) two TPY of municipal waste combustor acid gases, measured as Sulfur dioxide and hydrogen chloride;

(14) two TPY of ozone depleting substances in aggregate, the sum of Class I and Class II substances as defined in the Clean Air Act and 40 C.F.R. Part 82, adopted by reference in 18 AAC 50.040;

(15) for greenhouse gases, 3,750 TPY of CO 2 equivalent emissions (CO 2 e);

(16) 0.5 TPY for any regulated air pollutant not listed in (1) – (15) of this
subsection.

(f) Applications – insignificant emission units: category basis. Except as provided in (d) of this section, the following categories of emission units are insignificant:

(1) mobile transport tanks on vehicles, except for those containing asphalt or volatile liquids;

(2) lubricating oil storage tanks;

(3) equipment used to mix, package, store, or handle soaps, lubricants, hydraulic fluid, vegetable oil, grease, animal fat, and aqueous salt solutions if covered in a manner that minimizes or prevents unintended emissions; this category does not include equipment used to mix or package powdered detergent, spray dryers, or any equipment that must have an emission control device to comply with the requirements of 18 AAC 50.045(d) or 18 AAC 50.055;

(4) pressurized storage of oxygen, nitrogen, carbon dioxide, air, or inert gasses;

(5) vents from continuous emissions monitors and other analyzers;

(6) sampling connections used exclusively to withdraw materials for laboratory analyses and testing;

(7) sample gathering, preparation, and management;

(8) equipment and instrumentation used for quality control, quality assurance, or inspection purposes;

(9) laboratory calibration and maintenance equipment;

(10) individual laboratory hoods;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

75 (11) ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial, or commercial process;

(12) comfort air conditioning;

(13) maintenance and upkeep activities such as routine housekeeping, grounds keeping, lawn and landscaping activities, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements, and paving or striping parking lots if these activities are not conducted as part of a manufacturing process, are not related to the primary business activity of the stationary source, and do not otherwise require a permit revision; this category does not include process control flares, spray paint equipment for rail cars or aircraft, or boilers or internal combustion engines used to provide electric power or heat;

(14) portable solid waste containers such as dumpsters for municipal solid waste or office wastes;

(15) structural changes that do not give rise to air pollutant emissions; this category does not include emissions from construction activities;

(16) portable welding, brazing, cutting, and soldering operations used in incidental maintenance;

(17) recreational fireplaces, including the use of barbecues, campfires, and ceremonial fires;

(18) food preparation for human consumption including cafeterias, kitchen facilities, and barbecues located at a source for providing food service on the premises;

(19) tobacco smoking rooms and areas;

(20) emergency backup generators at single family or duplex residential locations; (21) washers, dryers, extractors, and tumblers for fabrics using water solutions of bleach or detergents;

(22) janitorial services and consumer use of janitorial products;

(23) office activities;

(24) materials and equipment used by, and activity related to, operation of an infirmary if the infirmary is not the stationary source’s business activity; this category does not include medical waste incineration at military bases;

(25) personal care activities; (26) bathroom and toilet vents;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

76 (27) septic sewer systems, not including active wastewater treatment facilities;

(28) cleaning and sweeping of streets and paved surfaces;

(29) fuel and exhaust emissions from vehicles in parking lots;

(30) flares used to indicate danger to the public;

(31) firefighting and similar safety equipment and equipment used to train firefighters not subject to 18 AAC 50.065;

(32) non-commercial smokehouses;

(33) drop hammers or hydraulic presses for forging or metalworking;

(34) blacksmith forges;

(35) inspection equipment for metal products;

(36) conveying and storage of plastic pellets;

(37) plastic pipe welding;

(38) tire buffing where a water spray is used with the particulate collection system to prevent smoke generation;

(39) wet sand and gravel screening;

(40) wax application;

(41) ultraviolet curing processes;

(42) hand-held applicator equipment for hot melt adhesives;

(43) steam cleaning operations;

(44) steam sterilizers;

(45) portable drums and totes;

(46) hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic;

(47) oxygen, nitrogen, or rare gas extraction and liquefaction equipment; this category does not include associated power generation equipment; (48) equipment used exclusively to slaughter animals; this category does notRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

77 include other equipment at slaughterhouses such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(49) ozonation equipment;

(50) demineralization and oxygen scavenging (deaeration) of water;

(51) pulse capacitors;

(52) laser trimmers using dust collection to prevent fugitive emissions;

(53) gas cabinets using only gasses that are not regulated air pollutants;

(54) Carbon dioxide lasers used only on metals and other materials that do not emit hazardous air pollutants in the process;

(55) photographic process equipment by which an image is reproduced upon material sensitized to radiant energy such as blueprint activity, photocopying, mimeograph, telefacsimile, photographic developing, and microfiche;

(56) consumer use of paper trimmers and binders;

(57) hydraulic and hydrostatic testing equipment;

(58) batteries and battery charging areas; this category does not apply to manufacturing or rebuilding facilities;

(59) salt baths using nonvolatile salts that do not result in emissions of any regulated air contaminants;

(60) shock chambers;

(61) mechanical wire strippers;

(62) humidity chambers;

(63) solar simulators;

(64) environmental chambers that do not use hazardous air pollutant gasses;

(65) steam vents and safety relief valves not emitting process chemicals;

(66) air compressors, pneumatically operated systems, and related hand tools;

(67) digester chip feeders;

(68) process water and white water storage tanks;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

78 (69) demineralizer tanks;

(70) hydrogen peroxide tanks;

(71) dryers; this category is limited to Yankee, after dryer, curing systems, and cooling systems;

(72) winders;

(73) chipping;

(74) debarking;

(75) pulp mill sludge dewatering and handling;

(76) screw press vents;

(77) pond dredging;

(78) polymer tanks and storage devices and associated pumping and handling equipment used for solids dewatering and flocculation;

(79) electrical circuit breakers, transformers, or switching equipment installation or operation; (80) electric or steam-heated drying ovens or autoclaves, excluding the articles or substances being processed in the ovens or autoclaves and the boilers delivering the steam;

(81) sewer manholes, junction boxes, sumps, and lift stations associated with wastewater treatment systems at publicly owned treatment works;

(82) lube oil, seal oil, or hydraulic fluid storage tanks and equipment if those tanks and equipment do not emit volatile organic compounds (VOCs) or hazardous air pollutants;

(83) natural gas pressure regulator vents; this category does not include venting at oil and gas production facilities;

(84) lubricating pumps, sumps, and systems;

(85) well service equipment;

(86) aircraft ground support equipment (AGE), lights, and heating, ventilation, and air conditioning (HVAC) support; this category does not include portable power generators;

(87) engine crankcase vents and equipment lubricating sumps;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

79 (88) tanks containing separated water produced from oil and gas operations;

(89) skimmer pits, oil-water separators, and maintenance of filter separators;

(90) removal of sludge or sediment from pits, ponds, sumps, or wastewater conveyance facilities;

(91) site assessment work, including the evaluation of waste disposal or remediation sites;

(92) instrument systems using air or natural gas;

(93) drill site manifold and wellhead enclosures;

(94) vent emission from gas streams used as buffer or seal gas in rotating pump and compressor seals;

(95) natural gas odorizing activities;

(96) pneumatic starters on reciprocating engines, turbines, compressors, or other equipment; (97) pipeline maintenance pigging activities;

(98) truck, car, or aircraft washing if equipment is not designed to vaporize hydrocarbons from the wash water;

(99) nonroutine clean-out of tanks and equipment for the purpose of worker entry or in preparation for maintenance or decommissions;

(100) fugitive emissions of jet fuels associated with aircraft fuel cell and fuel bladder repair;

(101) portable electrical generators that can be moved by hand from one location to another; (102) natural gas and liquefied petr oleum gas (LPG) vehicle fleet fueling facilities; (103) military field exercises, except emissions from permanent stationary

sources; (104) fire suppression;

(105) storage of water-treating chemicals to be used in a drinking water system or a boiler water feedwater system.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

80 (g) Applications – insignificant emission units: size or production rate basis. Except as provided in (d) of this section, the following emission units are insignificant on the basis of size or production rate:

(1) operation, loading, and unloading of storage tanks and storage vessels with less than a 260-gallon capacity (35 cubic feet), with lids or other closure and heated only to the minimum extent necessary to avoid solidification;

(2) operation, loading, and unloading of storage tanks with not greater than 1,100-gallon capacity, with lids or other closure not for use with hazardous air pollutants, and with a maximum true vapor pressure of 550 millimeters (mm) of mercury (Hg);

(3) operation, loading, and unloading of volatile liquid storage with 10,000- gallon capacity or less, with lids or other closur e and storing liquid with a vapor pressure not greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius;

(4) operation, loading, and unloading of but ane, propane, or liquefied petroleum gas (LPG) storage tanks with vessel capacity under 40,000 gallons;

(5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per hour exclusively using natural gas, butane, propa ne, or liquefied petroleum gas (LPG); emission units under this paragraph do not include internal combustion engines;

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under this paragraph do not include internal combustion engines;

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not include internal combustion engines;

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per hour if burning used oil; emission units under this paragraph do not include internal combustion engines; (9) a combustion emission unit with a rated capacity less than 450,000 Btu per hour if burning wood waste or waste paper; emi ssion units under this paragraph do not include internal combustion engines;

(10) welding using not more than 50 pounds per day of welding rod;

(11) foundry sand molds, unheated and using binders with less than 0.25 percent free phenol by sand weight;

(12) "paralyene" coaters using less than 500 gallons of coating per year;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

81 (13) printing and silkscreening using less than two gallons per day of any combination of inks, coatings, adhesives, fount ain solutions, thinners, retarders, or nonaqueous solutions if they do not contain hazardous air pollutants;

(14) comfort cooling towers and ponds that have a capacity not greater than 10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not use chromium-based corrosion inhibitors;

(15) combustion turbines rated at less than 160 horsepower;

(16) batch distillation equipment with a batch capacity not greater than 55 gallons and used only for solvents that do not contain hazardous air pollutants;

(17) cleaning equipment

(A) with less than 10 square f eet of air-vapor interface; and

(B) using solvent

(i) that does not contain a hazardous air pollutant; and

(ii) with a vapor pressure not more than 30 millimeters (mm) of mercury (Hg) at 20 degrees Celsius;

(18) surface coating using less than two gallons per day of formulations not containing hazardous air pollutants;

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids;

(20) cleaning and stripping activities and equipment using solutions having less than one percent volatile organic compounds (VOCs) by weight; when used on metallic substances, acid solutions are not insignificant;

(21) equipment with lids or other closures used exclusively to pump, load, unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; (22) surface coating, aqueous solution, or suspension containing less than one percent volatile organic compounds (VOCs);

(23) storage and handling of water-based lubricants for metal working if the organic content of the lubricant is less than 10 percent;

(24) municipal or industrial wastewater chlorination facilities of not greater than 1,000,000 gallons per day capacity;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

82 (25) diesel engines of 250 horsepower or less being used to provide power for well servicing equipment.

(h) Applications – insignificant emission units: case-by-case basis. This subsection lists emission units or activities that may be insignificant on the basis of size or production rate. Insignificant emission units and activities listed in this subsection that are subject to a standard under 18 AAC 50.050 – 18 AAC 50.090 must be listed on the permit application. Except as provided in (d) of this section, the department may determine the following emission units to be insignificant on a case-by-case basis:

(1) ponds and lagoons that are permitted under 33 U.S.C. 1342 (Federal Water Pollution Control Act, National Pollutant Discharge Elimination System), and that are used solely for settling suspended solids and skimming oil and grease; and

(2) coffee roasters with a capacity of less than 15 pounds per day of coffee.

(i) Applications – insignificant emission units: administratively insignificant
emission units. The following emission units might have significant emissions, but are considered administratively insignificant emission units for the purpose of operating permit applications:

(1) the propulsion of mobile sources;

(2) general vehicle maintenance, including vehicle exhaust from repair stationary sources; and (3) agricultural activities on the property of a stationary source that are not subject to review by the department under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.502 and are not under common control with the permitted stationary source.

(j) Permit content. Permit terms and conditions issued under this section will be developed in accordance with 40 C.F.R. Part 71, adopted by reference in 18 AAC 50.040, except
as follows: (1) with respect to any fee requirement or reference, the applicable provisions of 18 AAC 50.400 – 18 AAC 50.430 apply, and 40 C.F.R. 71.9 does not apply;

(2) the department will include the expiration date in the permit; the permit duration and expiration provisions of AS 46.14.230 apply, and 40 C.F.R. 71.6(a)(2) and (a)(11) do not apply;

(3) a stationary source subject to this section will also be subject to the standard operating permit conditions and other permit conditions as required by 18 AAC 50.345 and 18 AAC 50.346; prompt reporting of permit deviations is subject to the department’s Standard Permit Condition III, adopted by reference in 18 AAC 50.346, instead of 40 C.F.R. 71.6(a)(3)(iii)(B)( 1 ) – (B)( 4 ); the provisions of 40 C.F.R. 71.6(a)(5) – (7) are replaced by the standard permit conditions of 18 AAC 50.345;

(4) for purposes of 40 C.F.R. 71.6(c)(6), the department will include in a Title VRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

83 permit, consistent with AS 46.14.020(b) and 46.14.180, terms and conditions that are necessary to implement a requirement of AS 46.14 or this chapter;

(5) notwithstanding 40 C.F.R. 71.6(b), a department term or condition is not federally enforceable unless required by the Clean Air Act; that term or condition is not subject to affected state review under 40 C.F.R. 71.8; in the permit, the department will identify each term or condition that is not federally enforceable and not subject to affected state review;

(6) inspection and entry requirements are subject to AS 46.14.515; the provisions of 40 C.F.R. 71.6(c)(2) do not apply;

(7) upon request of the applicant, and in accordance with this section, and with 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, the department will establish a plantwide applicability limitation (PAL) in a Title V permit.

(k) Permit review and issuance. The review and issuance of a permit under this section will be conducted in accordance with 40 C.F.R. Part 71, adopted by reference, in 18 AAC 50.040 except as follows:

(1) the department may distribute a public notice to a person by electronic mail; if a person requests that the department send the notice by postal mail, the department will send the notice to the person by postal mail;

(2) the department will only issue a permit if the permit conditions provide for compliance with all applicable requirements and the requirements of this section; the provisions of 40 C.F.R. 71.7(a)(1)(iv) do not apply;

(3) the provisions of 40 C.F.R. 71.7(a)(1)(v) and (a)(2) do not apply; the department will, subject to the provisions of AS 46.14.170 and AS 46.14.220, issue the final permit; if EPA objects to a permit after the 45-day review period in AS 46.14.220 and the department has not issued the final permit, the department will not issue the final permit until the objections are resolved if the objections are based on

(A) a petition filed by a person that is submitted within 60 days after the review period ends; and

(B) objections that were raised during the public comment period for the permit, unless the petitioner shows that raising the objection during the public comment period was impracticable or that grounds for the objection arose after the public comment period;

(4) language in 40 C.F.R. Part 71 that makes related provisions in 40 C.F.R. Part 71 dependent on whether a program has been delegated does not apply, including the phrase “in the case of a program delegated pursuant to §71.10” in 40 C.F.R. 71.7, 71.8, and 71.11, and the phrase “When a part 71 program has been delegated in accordance with the provisions of this section,” in 40 C.F.R. 71.10;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

84 (5) a permit under this section becomes effective 30 days after the department issues the final permit;

(6) when the department makes a final decision to approve or deny an application for a Title V permit, the department will notify the applicant and any person who commented on the application; a person described in AS 46.14.200 may request an adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; the provisions of 40 C.F.R. 71.11(d)(1)(i)(E) do not apply; in a notification of denial of an a pplication, the department will include the reasons for denial; (7) the department will keep for five years any record and submit to the federal administrator any information that the federal administrator may reasonably require to ascertain whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661 – 7661f (Title V, Clean Air Act).

( l ) Significant permit modifications. If an existing Title V permit prohibits construction or a change in operation for which a permit or notice of MACT approval is required under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant permit modification to the Title V permit before commencing operation that incorporates the construction or change. (Eff. 10/1/2004, Re gister 171; am 12/1/2004, Register 172; am 9/17/2011, Register 199; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.140 AS 46.14.190
AS 46.14.010 AS 46.14.150 AS 46.14.220
AS 46.14.020 AS 46.14.170 AS 46.14.230
AS 46.14.120 AS 46.14.180 AS 46.14.515
AS 46.14.130

18 AAC 50.330. Operating permits: exemptions . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.335. Operating permits: application . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Regist er 146; am 10/16/2003, Register 168; repealed 10/1/2004, Register 171)

18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, Register 171)

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, Register 146; repealed 10/1/2004, Register 171)

18 AAC 50.345. Construction, minor and operating permits: standard permit
conditions. (a) Subsections (b) – (o) of this section set out standard permit conditions that theRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

85 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 minor permit and construction permit. The conditions set out in (m) – (o) of this section do not apply to visible emissions observations by smoke readers, except in connection with required particulate matter testing.

(b) Compliance with permit terms and conditions is considered to be in compliance with those requirements that are

(1) included and specifically identified in the permit; or

(2) determined in writing in the permit to be inapplicable.

(c) The permittee must comply with each permit term and condition. Noncompliance with a permit term or condition constitutes a violation of AS 46.14, this chapter, and, except for those terms or conditions designated in the permit as not federally enforceable, the Clean Air Act, and is grounds for

(1) an enforcement action;

(2) permit termination, revocation and reissuance, or modification in accordance with AS 46.14.280; or

(3) denial of an operating permit renewal application.

(d) It is not a defense in an enforcement action to claim that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with a permit
term or condition.

(e) Each permit term and condition is independent of the permit as a whole and remains valid regardless of a challenge to any other part of the permit.

(f) The permit may be modified, reopened, revoked and reissued, or terminated for cause. A request by the permittee for modification, revocation and reissuance, or termination or a notification of planned changes or anticipated noncompliance does not stay any permit
condition.

(g) The permit does not convey any property rights of any sort, nor any exclusive privilege.

(h) The permittee shall allow the department or an inspector authorized by the department, upon presentation of credentials and at reasonable times with the consent of the owner or operator to

(1) enter upon the premises where a source subject to the permit is located or where records required by the permit are kept;

(2) have access to and copy any records required by the permit;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

86 (3) inspect any stationary source, equipment, practices, or operations regulated by or referenced in the permit; and (4) sample or monitor substances or parameters to assure compliance with the permit or other applicable requirements.

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

(j) The permittee shall certify any permit application, report, affirmation, or compliance certification submitted to the department and required under the permit by including the signature of a responsible official for the permitted stationary source following the statement: “Based on information and belief formed after reasonable inquiry, I certify that the statements and information in and attached to this document are true, accurate, and complete.” Excess emission reports must be certified either upon submittal or with an operating report required for the same reporting period. All other reports and other documents must be certified upon
submittal.

(k) In addition to any source testing explicitly required by the permit, the permittee shall conduct source testing as requested by the department to determine compliance with applicable permit requirements.

( l ) The permittee may request an extension to a source test deadline established by the department. The permittee may delay a source test beyond the original deadline only if the extension is approved in writing by the department ’s appropriate division director or designee.

(m) Before conducting any source tests, the permittee shall submit a plan to the department. The plan must include the methods and procedures to be used for sampling, testing, and quality assurance and must specify how the emission unit will operate during the test and how the permittee will document that operation. The permittee shall submit a complete plan within 60 days after receiving a request under (k) of this section and at least 30 days before the scheduled date of any test unless the department agrees in writing to some other time period. Retesting may be done without resubmitting the plan.

(n) At least 10 days before conducting a source test, the permittee shall give the department written notice of the date and the time the source test will begin.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

87 (o) Within 60 days after completing a source test, the permittee shall submit two copies
of the results in the format set out in the Source Test Report Outline , adopted by reference in 18 AAC 50.030. The permittee shall certify the results in the manner set out in (j) of this section. If requested in writing by the department, the permittee must provide preliminary results in a shorter period of time specified by the department. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.140
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020

18 AAC 50.346. Construction and operating p ermits: other permit conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. The department’s Standard Permit Condition II – Air Pollution Prohibited, as revised as of September 27, 2010, is adopted by reference.

(b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Title V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference:

(1) Standard Permit Condition I – Emission Fees, as revised as of September 27, 2010;

(2) Standard Permit Condition III – Excess Emissions and Permit Deviation Reports, as revised as of September 27, 2010;

(3) Standard Permit Condition IV – Notification Form, as revised as of September 27, 2010;

(4) Standard Operating Permit Condition V – Insignificant Sources, as revised as of September 27, 2010;

(5) Standard Operating Permit Condition VI – Good Air Pollution Control Practices, as revised as of August 25, 2004;

(6) Standard Operating Permit Condition VII – Operating Reports, as revised as of September 27, 2010.

(7) Standard Operating Permit Conditions XIV – Document Submittals and Electronic Copies, as revised as of August 20, 2008;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

88 (8) Standard Operating Permit Condition XV – Emission Inventory Reporting, as revised as of September 27, 2010;

(9) Standard Operating Permit Condition XVI – Emission Inventory Reporting Form, as revised as of September 27, 2010.

(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

89 Table 7

Standard Operating Permit Conditions

Emission Unit or Activity Sta ndard Operating Permit Condition

-Gas-fired fuel burning equipment, except

flares Standard Operating Permit Condition VIII –
Visible Emissions and Particulate Matter Monitoring Plan for Gas-Fired Fuel Burning Equipment, August 25, 2004

–Stationary diesel engines

–Liquid-fired stationary turbines

–Other liquid-fired fuel burning equipment Standard Operating Permit Condition IX –
Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units, September 27, 2010

–Coal fired boilers

–Coal handling equipment

–Construction of gravel pads or roads that are

part of a permitted stationary source, or other construction that has the potential to generate fugitive dust that reaches ambient air

–Commercial, industrial, municipal solid

waste, air curtain, and medical waste
incinerators

–Sewage sludge incinerators not using wet

methods to handle the ash

–Mines

–Urea manufacturing

–Soil remediation units

–Dirt roads under the control of the operator

with frequent vehicle traffic

–Other sources the department finds are likely

to generate fugitive dust Standard Operating Permit Condition X – Reasonable Precautions to Prevent Fugitive Dust, September 27, 2010Register 203, October 2012 ENVIRONMENTAL CONSERVATION

90 –Fuel burning equipment burning liquid fuel St andard Operating Permit Condition XI – SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII –
SO 2 Material Balance Calculation, August 25,
2004

–Coal fired boilers Standard Operating Permit Condition XIII – Coal Fired Boilers, August 20, 2008

(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 162; am 10/1/2004, Register 171; am 11/9/2008, Register 188; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180
AS 46.14.010 AS 46.14.130 AS 46.14.250
AS 46.14.020 AS 46.14.140

18 AAC 50.350. Operating permits: content. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 5/3/2002, Register 162; repealed 10/1/2004, Register 171)

18 AAC 50.355. Changes to a permitted facility . Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.360. Facility changes that violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; repeal ed 10/1/2004, Register 171)

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. (Eff. 1/18/97, Register 141; re pealed 10/1/2004, Register 171)

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/ 21/98, Register 146; repealed 10/1/2004, Register 171) 18 AAC 50.380. General operating permits . Repealed. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; repeal ed 10/1/2004, Register 171)

18 AAC 50.385. Permit-by-rule for certain small storage tanks . Repealed. (Eff. 6/21/98, Register 146; repeal ed 10/1/2004, Register 171)Register 203, October 2012 ENVIRONMENTAL CONSERVATION

91 18 AAC 50.390. Permit-by-rule for drilling rigs and associated equipment. Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, Register 171)Register 203, October 2012 ENVIRONMENTAL CONSERVATION

92 Article 4. User Fees

.

Section

400. Permit administration fees 401. Fees for a notice of MACT approval 403. Negotiated service agreements 405. Transition process for permit fees
410. Emission fees 420. Billing procedures 430. Fee appeal procedures 499. Definition for user fee requirements

18 AAC 50.400. Permit administration fees. (a) The permittee, owner, or operator of a Title V source described under 18 AAC 50.326 shall pay to the department the annual permit administration fees listed in this subsection. Permittees will be invoiced in July for each period from July 1 through the following June 30. Each annual permit fee is one-fifth of the total original permit cost or total cost of permit renewal. For an initial Title V permit, the annual permit fee is collected starting the first July after the permit is issued. The following permit administration fees apply to Title V sources:

(1) for renewal of a permit for an oil-and-gas source with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $2,675; and

(B) annual compliance review fee is $1,895;

(2) for renewal of a permit for a large power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $3,080; and

(B) annual compliance review fee is $1,735;

(3) for renewal of a permit for a small power plant with the potential to emit more than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,390; and

(B) annual compliance review fee is $1,485;

(4) for renewal of a permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit, theRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

93 (A) annual permit fee is $2,045; and

(B) annual compliance review fee is $1,350;

(5) for renewal of a permit for a small power plant, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, the

(A) annual permit fee is $1,565; and

(B) annual compliance review fee is $1,115;

(6) for a Title V source that is operating under the department’s general operating permit for diesel engines, the annual compliance review fee is $730;

(7) for renewal of a permit for a Title V source, other than one described in (1) – (6) of this subsection, and that has the potential to emit less than 250 tons per year of any one pollutant, the (A) annual permit fee is $2,090; and

(B) annual compliance review fee is $1,345.

(b) If the permittee, owner, or operator of a Title V source is subject to an annual permit fee listed in (a) of this section for renewal of a Title V permit, and does not apply to renew the Title V permit for that source, the department will refund any annual permit fees that had been paid for that renewal. Annual compliance review fees and annual permit fees for original permits are not refundable.

(c) Before the department takes action on any permit application received, and unless the minor permit is to be issued using the fast-track procedures in 18 AAC 50.542(b) – (c), the permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50.502 and not subject to (j)(3) – (8) of this section who requests a minor permit must pay a nonrefundable one-time permit fee of $2,665. However, if fast-track procedures are not available under 18 AC 50.542(b)(1), the permittee, owner, or operator must pay, for a stationary source other than one described in 18 AAC 50.502(b), time and other direct costs under (j) of
this section.

(d) If the department prepares a new general operating permit or a new general minor permit, the department will determine the cost of that permit by multiplying the number of hours the department spent to develop the permit by the hourly rate of salary and benefits of the department employees who developed the permit. This cost will be divided by the number of permittees who receive or are expected to receive the permit to determine the permit
administration fee.

(e) The permittee, owner, or operator of a stationary source shall pay an annual compliance fee of $325, to be paid for each period from July 1 through the following June 30, for a stationary source that is not classified as needing a Title V permit and that isRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

94 (1) subject to a minor permit under 18 AAC 50.502; the compliance review fee must be paid in addition to the one-time permit fees in (c) of this section or a general minor permit fee in (d) of this section; or

(2) required to have a minor permit under 18 AAC 50.502(b), that is operating under an operating or general permit issued before October 1, 2004.

(f) Before the department take action on any request of application received, the permittee, owner, or operator of a stationary source who requests a minor permit, review, action, or activity described in this subsection must pay a nonrefundable one-time permit fee as follows:

(1) to change a Title I permit or approval to operate by administrative amendment under AS 46.14.285, a permit fee of $465;

(2) to change a Title V permit or approval to operate by administrative amendment under 18 AAC 50.326, or to add a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e), a permit fee of $225, except as provided in (3) of this subsection; (3) to change a Title V permit by administrative amendment to incorporate, in accordance with 40 C.F.R. 71.7(d)(1)(v), adopted by reference in 18 AAC 50.040, the requirements from a construction permit issued under 18 AAC 50.316, a permit fee of $220;

(4) to change an approval to operate under 18 AAC 50.225 by administrative amendment under AS 46.14.285, a permit fee of $465.

(g) After the department completes a review, action or activity described in this subsection, and sought by the permittee, owner, or operator of a stationary source subject to 18 AAC 50.326 or 18 AAC 50. 502, the permittee, owner , or operator will be invoiced for and shall pay a nonrefundable one-time fee as follows:

(1) for department review under 18 AAC 50.345(m) of a source test plan, a fee of $665; (2) for department review under 18 AAC 50.345(o) of the results of a source test, a fee of $660;

(3) for department intake and processing of an excess emission report or permit deviation report submitted in accordance with a stationary source’s permit, a fee of $15;

(4) for a fee review under 18 AAC 15.190, a fee of $210; the department will waive the fee charged under this paragraph if the outcome of the fee review is a reduction of 50 percent or more in the amount of the disputed fee.

(h) The permittee, owner, or operator of a stationary source who requests an owner requested limit (ORL) under 18 AAC 50.225 or 18 AAC 50.508(5) or a preapproved emission limit under 18 AAC 50.230 must pay the following fees:

(1) for an ORL,Register 203, October 2012 ENVIRONMENTAL CONSERVATION

95 (A) a one-time administrative fee of $2,290, to be paid before the department takes action on any request received; and

(B) an annual compliance review fee of $235, unless the permittee, owner, or operator is required to pay an annual compliance review fee under (a) or (e) of
this section.

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

(A) a one-time administrative fee of $85, to be paid before the limit takes effect; and

(B) an annual compliance review fee of $45;

(3) for a preapproved emission limit for a gasoline distribution facility considered under 18 AAC 50.230(d) to be a bulk gasoline plant,

(A) a one-time administrative fee of $65, to be paid before the limit takes effect; and (B) an annual compliance review fee of $60.

(i) Except as provided in (j)(20) of this section, the fee for department review of a request for open burning under 18 AAC 50.065 is $200.

(j) Unless the designated regulatory service is subject to a fixed fee set out in (a) – (i) of this section, or to the terms of a negotiated service agreement under AS 37.10.052(b) and 18 AAC 50.403, the permittee, owner, or operator shall pay an hourly permit administration fee for a designated regulatory service. The department will calculate the total amount due under this subsection by multiplying the number of hours spent to provide the designated regulatory service by the hourly rate of salary and benefits of the department employees who provided the designated regulatory service, and by adding to the resulting amount any other direct costs. Designated regulatory services subject to this subsection include regulatory services for

(1) an original permit for a Title V source, with the potential to emit more than 100 and less than 250 tons per year of any one pollutant, and that is an oil-and-gas source or thermal soil remediation unit;

(2) an original permit for a small power plant with the potential to emit more than 100 and less than 250 tons per year of any one pollutant;

(3) an asphalt plant described in 18 AAC 50.502(b)(1);

(4) a thermal soil remediation unit described in 18 AAC 50.502(b)(2);

(5) a rock crusher described in 18 AAC 50.502(b)(3);

(6) an incinerator described in 18 AAC 50.502(b)(4);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

96 (7) A Port of Anchorage stationary source;

(8) a coal preparation plant;

(9) a minor permit under 18 AAC 50.502(c)(1), if a construction permit is not required under AS 46.14.130(a) for that stationary source;

(10) a minor permit under 18 AAC 50.502(c)(3);

(11) a minor permit establishing or revising a plantwide applicability limitation (PAL) without an ambient air quality analysis;

(12) a minor permit establishing or revising a plantwide applicability limitation (PAL) with an ambient air quality analysis;

(13) an adjudicatory hearing under 18 AAC 15.195 – 18 AAC 15.340, if requested under 18 AAC 50.260(m), 18 AAC 50.306(e), 18 AAC 50.326(k), or 18 AAC 50.542(d) by the permit applicant; at the request of the permittee, and if the permittee is current on all other billings in the department, the department will hold in abeyance a fee charged under this paragraph during the course of the adjudicatory hearing;

(14) a minor modification to a Title V permit under 40 C.F.R. 71.7(e)(1), adopted by reference in 18 AAC 50.040;

(15) a significant modification to a Title V permit under 40 C.F.R. 71.7(e)(3), adopted by reference in 18 AAC 50.040;

(16) revision or rescission of terms or conditions of a Title I permit;

(17) department observation of a source test conducted;

(18) pre-application assistance, including services under 18 AAC 50.260;

(19) department review of a modeling protocol;

(20) department review of a request for open burning under 18 AAC 50.065, if the department determines that smoke incursion into a public place, into an airport, into a Class I area, into a nonattainment area for carbon monoxide or PM-10, or into a maintenance area for carbon monoxide or PM-10 is likely;

(21) compliance and enforcement activities, including preparation of a notice or violation, compliance order by consent, settlement agreement, or consent decree; however, for purposes of this paragraph, compliance and enforcement activities do not include activities after the filing of a complaint in court;

(22) completion of a permitting action that was requested before January 29, 2005, except as provided in 18 AAC 50.405; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

97 (23) the reopening of permit terms or conditions at the request of the permittee, owner, or operator before issuance of a permit.

(k) In this section,

(1) "airport" has the meaning given in AS 02.25.110;

(2) "large power plant"

(A) means a Title V source

(i) that contains a coal-fired boiler;

(ii) the purpose of which is to generate electricity, and that contains a combustion turbine electric generator or natural gas-fired steam plant;

or (iii) that has a potential to emit a total greater than or equal to 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base;

(B) does not include a Title V source that operates under the department's general permit for diesel engines;

(3) "oil-and-gas source" means a Title V source not described in (2)(A) of this subsection, the purpose of which is the exploration for, extraction of, processing of, transportation of, or storage of crude oil, natu ral gas, or other petroleum products, or related activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas (LNG) plant; (4) "public place" has the meaning given in AS 46.06.150;

(5) "small power plant"

(A) means a Title V source not described in (2)(A) or (3) of this
subsection (i) the purpose of which is to generate electricity, and that contains one or more diesel-fired internal combustion engines to generate power

(ii) the purpose of which is seafood processing; or

(iii) that has a potential to emit a total less than 500 tons per year of regulated air pollutants in the aggregate, and that contains emission units used to provide power to a mine or military base; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

98 (B) does not include a Title V source that operates under the department's general permit for diesel engines. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 10/1/2004, Register 171; am 12/1/2004, Re gister 172; am 1/29/2005, Register 173; am 12/30/2007, Register 184; am 7/25/2008, Re gister 187; am 7/1/2010, Register 194; am 9/14/2012, Register 203)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140
AS 37.10.052 AS 46.03.020 AS 46.14.240
AS 37.10.058

18 AAC 50.401. Fees for a notice of MACT approval. Repealed. (Eff. 10/1/2004, Register 171; repealed 1/29/2005, Register 173)

18 AAC 50.403. Negotiated service agreements. If a fixed permit administration fee has not been set under 18 AAC 50.400(a) - (i) for a designated regulatory service, the permittee, owner, or operator of a stationary source may request a negotiated service agreement under AS 37.10.052(b) for that designated regulatory service. If requesting a negotiated service agreement for one or more of the following designated regulatory services, the permittee, owner, or operator must submit a retainer payment of $5,300 per designated regulatory service before the department begins negotiations:

(1) a minor permit under 18 AAC 50.502(c)(2)(B);

(2) a PSD permit under 18 AAC 50.306 for a new major stationary source;

(3) a major modification of a major stationary source;

(4) a construction permit under 18 AAC 50.302 for a new stationary source or modification subject to the construction permitti ng requirements of 42 U.S.C. 7412(i) (Clean Air Act sec. 112(i));

(5) a permit for the construction of a new stationary source or addition of an emission unit at a stationary source, if the stationary source is

(A) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(B) in the Nikiski Industrial Area; or

(C) on an offshore platform;

(6) a major modification of a major stationary source, for which a limit is requested specifically to avoid review under 18 AAC 50.306;

(7) a minor permit under 18 AAC 50.508(4);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

99 (8) the renewal of a Title V permit for a Title V source for which fees are not established under 18 AAC 50.400(a);

(9) a notice of MACT approval under 18 AAC 50.321. (Eff. 1/29/2005, Register 173; am 12/3/2005, Register 176; am 7/1/2010, Register 194)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140
AS 37.10.052 AS 46.03.020 AS 46.14.240
AS 37.10.058

18 AAC 50.405. Transition process for permit fees. For a permit issued under this chapter, if the applicant has submitted an application before January 29, 2005 and the department has not yet worked on that permit application, at the request of the applicant, the department will process the permit under the provisions of 18 AAC 50.400 - 18 AAC 50.499 in effect on January 29, 2005. Any retainer submitted before January 29, 2005 will be applied to any fees effective after January 29, 2005. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 46.03.020 AS 46.14.240
AS 44.46.025 AS 46.14.140

18 AAC 50.410. Emission fees. (a) For each period from July 1 through the following June 30, the permittee, owner, or operator shall pay to the department an annual emission fee based on the stationary source’s assessable emissions for that year for each stationary source that is subject to a permit under this chapter. The emissions fee is assessed per ton for each air pollutant for which projected emissions are 10 tons per year or greater, except as limited under AS 46.14.250(e).

(b) Except as provided in (c), (f), and (g) of this section, emission fees will be assessed
as follows: (1) for stationary sources required to obtain an operating permit under AS 46.14.130(b), an emission fee rate of $28.57 per ton; of that per ton amount, $19.32 will be allocated to the clean air protection fund under AS 46.14.260, and $9.25 will be allocated to the emission control permit receipts account under AS 46.14.265;

(2) for stationary sources not subject to (1)(A) of this subsection but otherwise required to obtain a permit under AS 46.14.130, the emission fee rate of $9.25 per ton, which will be allocated to the emissions control permit receipts account under
AS 46.14.265.

(c) The quantity of emissions for which fees will be assessed is the lesser of the stationary source’s

(1) potential to emit; or (2) projected annual rate of emissions, as that term is used in AS 46.14.250, if demonstrated byRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

100 (A) an enforceable test method described in 18 AAC 50.220;

(B) material balance calculations;

(C) emission factors from EPA’s Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources , adopted by reference in 18 AAC 50.035; or

(D) other methods and calculations approved by the department.

(d) For a stationary source that needs an operating permit only because that source contains an emission unit that is subject to a federal emission standard under 42 U.S.C. 7411 or 7412, only emissions from the emission unit subject to that standard are subject to emission fees under (b)(1) of this section.

(e) In emissions projections prepared under AS 46.14.250(h)(1)(B) and (c)(2) of this section, the permittee, owner, or operator shall account for emissions from equipment classified under 18 AAC 50.100 that temporarily replaces or substitutes for permanently installed equipment at a stationary source.

(f) For stationary sources required to obtain a minor permit in accordance with 18 AAC 50.502(c) or 18 AAC 50.508(6) but not requi red to obtain an operating permit under AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal year following the state fiscal year in which the permit was issued. The emission fee is based on assessable emissions for the state fiscal year being assessed and is billed in July of that year. The entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The annual emission fee rate is $9.25 per ton.

(g) Notwithstanding (a) - (d) of this section, for the projected annual rate of emissions for a portable oil and gas operation under a general minor permit under 18 AAC 50.560, the emission fee is allocated to the emission control permit receipts account under AS 46.14.265, and the permittee shall pay the emission fee

(1) at the time of application or notification for operation that will occur in the same state fiscal year;

(2) for operation that will occur during more than one state fiscal year under a single application or notification, after billing under 18 AAC 50.420 by the department for any subsequent state fiscal year; and

(3) at the following rates for a single portable oil and gas operation for which the owner or operator submits a new application or notification for operation under the general minor permit on or after December 3, 2005:

(A) for a portable oil and gas operation north of 69 degrees, 30 minutes North latitude,Register 203, October 2012 ENVIRONMENTAL CONSERVATION

101 (i) $1,336 for operation at one or more ice pads during a winter drilling season;

(ii) $4,008 for operation during a state fiscal year at one or more sites not including a seasonal ice pad;

(B) for a portable oil and gas operation outside the area described in (A) of this paragraph, (i) $1,245 for drilling five or fewer wells under the same application or notification during a state fiscal year;

(ii) $2,490 for drilling no fewer that six and no more than 10 wells under the same application or notification during a state fiscal year;

(iii) $3,735 for drilling 11 or more wells under the same application or notification during a state fiscal year.

(h) For purposes of this section, “state fiscal year” means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 10/16/2003, Re gister 168; am 10/1/2004, Register 171; am 1/29/2005, Register 173; am 12/3/2005, Regist er 176; am 12/14/2006, Register 180; am 6/18/2009, Register 190; am 7/1/2010, Register 194)

Authority : AS 44.46.025 AS 46.14.140 AS 46.14.250
AS 46.03.020

18 AAC 50.420. Billing procedures. (a) The department will bill emission fees assessed under 18 AAC 50.410(a) on or before July 1 of each year in a manner consistent with AS 46.14.250. The department will bill fixed permit administration fees under AS 46.14.240 and 18 AAC 50.400(a) - (i)

(1) on or before the 15th of July; or

(2) quarterly on or before January 15, April 15, July 15, and October 15 if requested in writing by the person required to pay the fee.

(b) On or before the 15th of each month, the department will bill permit administration fees for designated regulatory services rendered during the preceding month under 18 AAC 50.400(j). However, for reviews of excess emission reports, the department will bill on a semiannual basis if requested in writing by the person required to pay the fee.

(c) Fees assessed under this chapter are due within 60 days after the billing date. A payment that is past due accrues interest at the rate set in AS 46.14.255 unless the person required to pay the fee successfully disputes the fee or a portion of the fee under 18 AAC 50.430.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

102 Interest will be charged on the unpaid balance, beginning on the 61st day after the billing date.

(d) A person required to pay an emission fee under 18 AAC 50.410 may pay that fee in equal quarterly installments if

(1) the fee exceeds $1,000; and

(2) a written request is submitted to the department with the first installment before the due date described in (c) of this section.

(e) If installment payments are requested under (d) of this section, the remaining three installments, including interest accrued as described in (c) of this section, must be paid on or before October 15, January 15, and April 15 of each year.

(f) An owner, operator, or permittee who

(1) increases a stationary source's assessable emissions through a permit revision shall pay to the department an emission fee for the increase in assessable emissions; the fee is due within 60 days after the effective date of the permit revision; or

(2) decreases the stationary source's assessable emissions through a permit revision may request a prorated refund or credit to the stationary source's fee account toward
future fees.

(g) The owner, operator, or permittee who terminates operations or whose permit has lapsed or is terminated by the department may request a refund calculated by the department for fees collected in excess of the amount due for the stationary sources' actual emissions.

(h) Unless the owner, operator, or permittee requests otherwise, an invoice for emission fees or permit administration fees will be sent to the last known address of the stationary source that is subject to the fee. In an invoice, the department will include an itemized list of charges and credits for the billing period and a calculation of total credit balance or amount due on the account. For permit administration fees for designated regulatory services under 18 AAC 50.400(j), the department will also include as part of the itemized list the

(1) date on which the task was performed and a description of the task;

(2) name of the individual who performed the task; and

(3) time spent on the task on that date and the charge for the task, determined under 18 AAC 50.400(j). (Eff. 1/18/97, Regist er 141; am 10/16/2003, Register 168; am 10/1/2004, Register 171; am 1/29/2005, Regi ster 173; am 7/1/2010, Register 194)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250
AS 46.03.020 AS 46.14.240 AS 46.14.255Register 203, October 2012 ENVIRONMENTAL CONSERVATION

103 18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of a fee under AS 46.14 or this chapter or who disputes the computation of charges may request
review under 18 AAC 15.190.

(b) Repealed 7/11/2002.

(c) Repealed 7/11/2002. (Eff. 1/18/97, Re gister 141; am 7/11/2002, Register 163)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250
AS 46.03.020 AS 46.14.240

18 AAC 50.499. Definitions for user fee requirements. In 18 AAC 50.400 – 18 AAC 50.499, unless the context requires otherwise,

(1) “designated regulatory service” has the meaning given in AS 37.10.058;

(2) “direct cost” has the meaning given in AS 37.10.058;

(3) “hourly rate of salary and benefits” has the meaning given in AS 37.10.058. (Eff. 1/29/2005, Register 173)

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140
AS 37.10.052 AS 46.03.020 AS 46.14.240
AS 37.10.058Register 203, October 2012 ENVIRONMENTAL CONSERVATION

104 Article 5. Minor Permits.

Section

502. Minor permits for air quality protection 508. Minor permits requested by the owner or operator 509. Construction of a pollution control project without a permit 540. Minor permit: application 542. Minor permit: review and issuance 544. Minor permits: content 546. Minor permits: Revisions 560. General minor permits

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is required as described in (b) - (f) of this section, except that a permit is not required under this
section (1) before construction, modification, or relocation of a new major stationary source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; however, a minor permit is required under this section for an air pollutant if that air pollutant is not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a permit is not required under 18 AAC 50.311; a minor permit that is required under this paragraph for that air pollutant will be issued as part of the major permit;

(2) before operation if the stationary source needs a Title V permit; however, the need for a Title V permit does not exempt a stationary source from the requirement for a minor permit for construction, modification, or relocation;

(3) before relocation if the stationary source is already allowed by permit to operate at the new location; or

(4) as provided in (g) of this section.

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a minor permit under this section before construction, operation, or relocation of a stationary source containing

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

(2) a thermal soil remediation unit with a rated capacity of at least five tons per hour of untreated material;

(3) a rock crusher with a rated capacity of at least five tons per hour;

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or more per hour;

(5) a coal preparation plant; orRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

105 (6) a Port of Anchorage stationary source.

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

(1) beginning actual construction of a new stationary source with a potential to emit greater than (A) 15 TPY of PM-10;

(B) 40 TPY of nitrogen oxides;

(C) 40 TPY of sulfur dioxide;

(D) 0.6 TPY of lead; or

(E) 100 TPY of carbon monoxide within 10 kilometers of a carbon monoxide nonattainment area; or

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

(A) on or after December 3, 2005 of a portable oil and gas operation, unless the owner or operator

(i) complies with an existing operating permit developed for the portable oil and gas operation at the permitted location; or

(ii) operates as allowed under AS 46.14.275 (Timely and Complete Application as Shield) without an operating permit;

(B) after October 1, 2004 of an emission unit with a rated capacity of 10 million Btu or more per hour in a sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(3) beginning a physical change to or a change in the method of operation of an existing stationary source with a potential to emit an air pollutant greater than an amount listed in (1) of this subsection that will cause for that pollutant an emissions increase calculated at the discretion of the owner or operator as either an increase in

(A) potential to emit that is greater than

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; orRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

106 (iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area; or

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

(i) 10 TPY of PM-10

(ii) 10 TPY of sulfur dioxide;

(iii) 10 TPY of nitrogen oxides; or

(iv) 100 TPY of carbon monoxide for a stationary source within
10 kilometers of a carbon monoxide nonattainment area.

(d) An owner or operator may satisfy the requirement for a minor permit under this section through a stationary source-specific permit issued under 18 AAC 50.540 – 18 AAC 50.544 or a general minor permit under 18 AAC 50.560. An owner or operator may apply for a minor permit under this section that is valid at multiple locations. The owner or operator of a stationary source listed in (b) of this section

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

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

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

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

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

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

(e) For the purposes of (c)(3)(B) of this section, actual emissions shall be calculated by comparing projected actual emissions to the baseline actual emissions. In determining the projected actual emissions, before beginning actua l construction, the owner or operator of the stationary source shallRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

107 (1) consider all relevant information, including historical operational data, the owner’s or operator’s own representations, the owner’s or operator’s expected business activity and the owner’s or operator’s highest projections of business activity, the owner’s or operator’s filings with the state or federal regulatory authorities, and compliance plans under AS 46.14.120; and

(2) include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and

(3) exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emi ssions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline
actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(f) If the owner or operator elects to base permit applicability for a modification on a calculation of actual emissions, if the project does not need a minor permit based on that calculation, and if a reasonable possibility exists that the project may result in an emissions increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply with the following:

(1) before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(A) a description of the project;

(B) identification of each emission unit that has emissions of a regulated NSR pollutant that could be affected by the project; and

(C) a description of the applicability test used to determine that the project is not a modification subject to (c )(3) of this section for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under (e)(3) of this section, an explanation for why that amount was excluded, and any netting calculations, if applicable;

(2) if the emission unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information listed in (1) of this subsection to the department;

(3) the owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emission unit identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the project, or for a period of 10 years following resumption of regular operations after the project if the project increases the design capacity of or potential to emit that regulated NSR pollutant at that emission unit;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

108 (4) if the emission unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under (3) of this subsection setting out the unit's annual emissions during the calendar year that preceded submission of the report.

(5) if the emissions unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in (1) of this subsection, exceed the baseline actual emissions, as documented and maintained under (1)(C) of this subsection, by an amount exceeding the thresholds in (c)(3) of this section for that regulated NSR pollutant, and if those emissions differ from the reconstruction projection as documented and maintained under (1)(C) of this subsection; the report shall be submitted to the department within 60 days after the end of that year; the report must contain the following:

(A) the name, address, and telephone number of the stationary source;

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

(C) any other information that the owner or operator wishes to include in the report.

(g) An increase in emissions under (c)(3) of this section does not require a permit under that paragraph if a plantwide applicability limitation (PAL) is established for the stationary source under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040.

(h) For the purposes of this section

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

(2) “electric utility steam generating unit” has the meaning given in 40 C.F.R. 51.166(b)(30), as revised as of July 1, 2003 and adopted by reference;

(3) “net emissions increase” has the meaning given in 40 C.F.R. 52.21(b)(3) adopted by reference in 18 AAC 50.040, except that “net emissions increase” applies to

(A) any increase in emissions of an air pollutant at a stationary source with existing emissions of that air pollutant greater than the amounts listed in (c)(1) of this section; notwithstanding 40 C.F.R. 52.21(a)(2)(iv), as reference in 40 C.F.R. 52.21(b)(3)(i)( a ), “net emissions increase” is not restricted to a significant emissions increase or significant net emissions increase within the meaning of 40 C.F.R. 52.21(b)(3), (23), and (40), or to a major stationary source; and

(B) the calculation of whether a modification requires a minor permit under (c)(3) of this section, rather than whether the modification is a major modification;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

109 (4) “projected actual emissions” means the maximum annual rate, in tons per year, at which an existing emission unit is projected to emit a regulated NSR pollutant in any one of the five 12-month periods following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or the potential to emit that regulated NSR pollutant and full utilization of the unit would result in an emissions increase or a net emissions increase greater than a threshold in (c)(3) of this section. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Regi ster 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.508. Minor permits requested by the owner or operator. An owner or operator may request a minor permit from the department for

(1) repealed 7/25/2008;

(2) repealed 7/25/2008;

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

(4) establishing actual emission reductions from an existing stationary source if requested by that source’s owner or operator to offset an increase in allowable nonattainment air pollutant emissions at a

(A) new major stationary source;

(B) major modification; or

(C) PAL major modification;

(5) establishing an owner requested limit (ORL) to avoid one or more permit classifications under AS 46.14.130 at a stationary source that will remain subject to at least one permit classification; a limitation approved under an ORL is an enforceable limitation for the purpose of determining

(A) stationary source-specific allowable emissions; and

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

(6) revising or rescinding the terms and conditions of a Title I permit issued under this chapter, except as provided under 18 AAC 50.510. (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am 12/9/2010, Register 196) Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170Register 203, October 2012 ENVIRONMENTAL CONSERVATION

110 AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.509. Construction of a pollution control project without a permit. Repealed. (Eff. 10/1/2004, Register 171; repealed 7/25/2008, Register 187)

18 AAC 50.510. Minor permit – Title V permit interface. A term or condition established in a minor permit issued under 18 AAC 50.542 and identified in the minor permit as solely necessary to meet a Title V operating permit requirements to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) and 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040(j), is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff. 12/9/2010; Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.540. Minor permit: application. (a) Application information. An application for a stationary source-specific minor permit must provide all of the information required by this section, including all information required by the applicable listed forms, unless the department specifies that the provision of one or more specific items makes the provision of additional items unnecessary for the department’s determination. Applications must be on department forms.

(b) General information. Each application must include the information prescribed by
the Stationary Source Identification Form , included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030.

(c) Minor permit for air quality protection. Except for a Port of Anchorage stationary source, a permit application under 18 AAC 50.502 must include

(1) the information required in the following forms, included in the department’s Minor Permit Application Forms, adopted by reference in 18 AAC 50.030:

(A) the Emission Unit Information Form ;

(B) the Emission Summary Form ; and

(2) for a permit for construction, modification, or relocation of a stationary source, a demonstration in accordance with 18 AAC 50.215(b) – (e) that the proposed potential emissions from the stationary source will not interfere with the attainment or maintenance of the ambient air quality standards; the ambient demonstration must follow an approved modeling protocol if the department requests a modeli ng protocol for demonstrating compliance withRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

111 ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification does not need an ambient analysis to determine that construction and operation will not result in a violation of an ambient air quality standard, the application must include an ambient analysis for

(A) each air pollutant for which a permit is required under 18 AAC 50.502(c)(1) or (3);

(B) sulfur dioxide, PM-10, and nitrogen dioxide for a portable oil and gas operation; (C) sulfur dioxide for a stationary source in an sulfur dioxide special protection area established under 18 AAC 50.025(c); or

(D) an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b).

(d) Carbon monoxide source or modification. For construction that would increase carbon monoxide emissions by 100 TPY or more within 10 kilometers of a nonattainment area, an application must include a demonstration that the potential to emit carbon monoxide emissions from construction and operation of the stationary source or emissions increase from the modification will not cause or contribute to a violation of the ambient air quality standard for
carbon monoxide.

(e) Port of Anchorage. For a Port of Anchorage stationary source, the application must include the information required in the department’s Air Quality Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks , adopted by
reference in 18 AAC 50.030.

(f) Repealed 7/25/2008.

(g) Repealed 7/25/2008.

(h) Plantwide applicability limitation (PAL). An application for a minor permit establishing or revising a plantwide applicability limitation (PAL) must include the information listed in 40 C.F.R. 52.21(aa)(3), adopted by reference in 18 AAC 50.040. As the department considers necessary to evaluate impacts on ambient air quality standards, the department will require the application to include a demonstration that emissions under the PAL will not cause or contribute to a violation of ambient air quality standards.

(i) Offsetting emissions. An application for a minor permit for a limitation to establish offsetting emissions must specify the physical or operational limitations necessary to provide actual emission reductions of the nonattainment air pollutant; including

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

(2) the emission limitation representing that quantity of emission reduction.Register 203, October 2012 ENVIRONMENTAL CONSERVATION

112 (j) Owner requested limits (ORLs). An application for a minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5) must include the information and materials required under 18 AAC 50.225(b)(2) – (6) and (8).

(k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must
include (1) a copy of the Title I permit that established the permit term or condition;

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

(3) the effect of revising or revoking the permit term or condition on

(A) emissions;

(B) other permit terms;

(C) the underlying ambient demonstration, if any; and

(D) compliance monitoring; and

(4) for a condition that allows an owner or operator to avoid a permit classification, the information required of an applicant for that type of permit, unless the revised condition would also allow the owner or operato r to avoid the classification. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am 12/9/2010, Register 196; am 12/9/2010, Register 196; am 9/14/2012, Register 203)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140

18 AAC 50.542. Minor permit: review and issuance. (a) Permit issuance procedure options. The department will use either the fast-track procedures in (b) and (c) of this section, or the procedures in (d) of this section to issue a stationary source-specific minor permit. The fast-track procedures are available for a permit classification under 18 AAC 50.502 if the application qualifies under (b) and (c) of this section, unless

(1) the stationary source is

(A) classified under 18 AAC 50.502(c) for carbon monoxide emissions;

(B) in a sulfur dioxide special protection area established under 18 AAC 50.025(c);

(C) in the Nikiski Industrial Area;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

113 (D) on an offshore platform;

(E) in the Municipality of Anchorage;

(F) in the City of Fairbanks;

(G) within Fort Wainwright; or

(H) within Eielson Air Force Base; or

(2) a person requests a public comment period under (b)(1) of this section.

(b) Fast-track procedures. Fast-track procedures for minor permits under
18 AAC 50.502 are as follows:

(1) upon receiving a complete application the department will give notice using the Alaska Online Public Notice System established under AS 44.62.175, by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified, and by other means the department finds necessary for informing the public; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; in the notice, the department will

(A) include a summary of the information provided by the applicant, and

(B) give any person 15 days to request a 30-day public comment period under (d) of this section; if a comment period is requested, the department will make a preliminary decision and issue a public notice under (d) of this section;

(2) if required by the department, the owner or operator shall apply online;

(3) for an air pollutant for which a permit is required under 18 AAC 50.502(c), or for an air pollutant for which the department requests an analysis for a stationary source classified under 18 AAC 50.502(b), the application must include a screening ambient air quality analysis in accordance with (c) of this section, unless the department has made a finding in writing that the stationary source or modification does not need an ambient air quality analysis to determine that construction and operation will not result in a violation of an ambient air quality standard; (4) the fast-track procedures are available only if all predicted air pollutant concentrations meet the compliance criteria in (c)(2) of this section;

(5) if the approval criteria of (f) of this section are met, the department will issue the permit within 30 days after receiving the application. (c) Screening ambient air quality analysis. A screening ambient air quality analysis under (b)(3) of this section

(1) mustRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

114 (A) follow a modeling protocol developed by the department or otherwise approved by the department that is suitable for fast-track permitting; the department will approve the protocol for a screening level modeling demonstration if it finds that the department would be able to adequately review the resulting modeling demonstration in the time available for fast-track permitting;

(B) use a model and screening meteorological data approved by the department for the fast-track procedure;

(2) is considered to show compliance with the ambient air quality standard for an air pollutant and averaging period if

(A) for a new stationary source or modification, the predicted ambient air concentration from the stationary source, excluding offsite or background contributions, does not exceed 2/3 of each ambient standard for PM-10, or 80 percent of each ambient standard for sulfur dioxide or nitrogen oxides;

(B) for a modification, the predicted concentration resulting from the increase is less than the significant impact levels in Table 5 in 18 AAC 50.215(d); or

(C) for a modification, if the owner or operator has completed a previous ambient analysis that adequately characterizes the stationary source as it existed before the modification and, the sum of the highest ambient air concentration from the previous analysis plus the highest predicted ambient air concentration resulting from the increase is less than the concentration described in (A) of this paragraph.

(d) Procedures that include a public comment period. The department will use the following procedures to issue a permit under 18 AAC 50.508 or to issue a permit under 18 AAC 50.502 for which the fast-track procedures in (b) and (c) of this section are not
available: (1) no later than 30 days after an application is determined or considered to be complete under AS 46.14.160 or additional information is submitted in accordance with AS 46.14.160(c), the department will make a preliminary decision to approve or deny the application; the department will provide notice and opportunity for public comment on the department’s preliminary decision as follows:

(A) the department will provide at least 30 days for the public to submit
comments; (B) the department will give notice

(i) using the Alaska Online Public Notice System established under AS 44.62.175;

(ii) by mail or electronic mail to persons on a list maintained by the department, including any person who requests to be notified; if a personRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

115 requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail; and

(iii) by other means the department finds necessary for informing the public;

(C) the department will make available for public inspection in at least
one location in the affected area

(i) the information submitted by the owner or operator;

(ii) any department analysis on the effect on air quality;

(iii) the reasons for the department’s preliminary approval or denial; and

(iv) if the department proposes to approve the application, a copy of the proposed permit;

(D) for a request under 18 AAC 50.508(6) to revise a construction permit issued under 18 AAC 50.306 – 18 AAC 50.316, the department will provide an opportunity for public hearing in accordance with 40 C.F.R. 51.166(q)(2)(v), adopted by reference in 18 AAC 50.040; and

(E) the department will make a preliminary decision to approve the application only if the application includes all information required by 18 AAC 50.540, and the department finds that the approval criteria of (f) of this section will be met; the department will include in a preliminary permit any conditions necessary to assure compliance with this chapter;

(2) the department will notify the applicant, and any person who commented on the department’s preliminary decision, of the depa rtment’s final decision to approve or deny the permit application; a person described in AS 46.14.200 may request an informal or adjudicatory hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; in a notification of denial of an application, the department will include the reasons for denial.

(e) Adding a minor permit to a Title V 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 if (1) the minor permit is issued using procedures that satisfy the requirements of both this section and 18 AAC 50.326; and

(2) the permit contains terms and conditions that satisfy the requirements of both
18 AAC 50.544 and 18 AAC 50.326.

(f) Approval criteria. The department willRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

116 (1) deny a minor permit application for a stationary source or modification classified under 18 AAC 50.502 if the department finds that construction and operation will
result in a violation of

(A) a requirement of 18 AAC 50.045 – 18 AAC 50.090; or

(B) an ambient air quality standard;

(2) deny a minor permit application for carbon monoxide emissions near a nonattainment area if the department finds that construction and operation of the stationary
source will cause an ambient concentration that exceeds a carbon monoxide concentration in Table 5 in 18 AAC 50.215 at a location that does not or would not meet an ambient air quality standard for carbon monoxide;

(3) deny a minor permit for a Port of Anchorage stationary source if the department finds that construction and operation of that source will result in a violation of a requirement of 18 AAC 50.045 – 18 AAC 50.090;

(4) repealed 7/25/2008;

(5) repealed 7/25/2008;

(6) approve a minor permit for establishing or revising a PAL, if the department finds that the emission unit satisfies the criteria for a PAL in 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040, and if the department required an ambient air quality analysis, that emissions under the PAL will not cause or contribute to a violation of an ambient air quality standard; (7) approve a minor permit for a limitation requested under 18 AAC 50.508(4) to establish offsetting emissions, if the department finds that permanent, actual emission reductions of the nonattainment air pollutant will result from the limitations proposed in the application;

(8) approve a minor permit establishing an owner requested limit under 18 AAC 50.508(5), if the department finds that

(A) the stationary source is capable of complying with the limit; and

(B) the permit conditions are adequate for determining continuous compliance with the limit; and

(9) approve a request under 18 AAC 50.508(6) to revise or rescind a Title I permit term or condition, if the department finds that the permit will still require the owner or operator to comply with all applicable requirements of this chapter. (g) Duration . A minor permit issued under this section remains in effect until changed by another Title I permit or by an action by the department under AS 46.14.280, except

(1) as provided in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040, for a plantwide applicability limitation; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

117 (2) that an owner requested limit that avoids only a Title V permit remains in effect until the owner or operator requests in writing to revise or revoke the limit and, if the new limit no longer avoids the requirement for a Title V permit, obtains that permit. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.200

18 AAC 50.544. Minor permits: content. (a) In each minor permit issued under 18 AAC 50.542, the department will

(1) identify the stationary source, the project, the permittee, and contact information;

(2) include the requirement to pay fees in accordance with 18 AAC 50.400 – 18 AAC 50.499;

(3) include any conditions established under 18 AAC 50.201, as applicable;

(4) include the requirements of an owner requested limit under 18 AAC 50.225 that applies to the stationary source;

(5) include the standard permit conditions in 18 AAC 50.345, as applicable;

(6) include conditions as necessary to protect ambient air quality; and

(7) include, as needed, conditions required under 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operator request to add the conditions of a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e).

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

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will meet the requirements of AS 46.14 and this chapter, including terms
and conditions under AS 46.14.180 for

(A) installation, use, and maintenance of monitoring equipment; (B) sampling emissions according to the methods prescribed by the department and at locations and intervals, and by procedures specified by the department;

(C) providing source test reports, monitoring data, emissions data, and information from analyses of any test samples;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

118 (D) keeping records; and

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

(2) a permit condition requiring the owner or operator to

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

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

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

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

(1) terms and conditions as necessary to ensure that the proposed stationary source or modification will not cause or contribute to a violation of any ambient air quality standard or the standards set out in 18 AAC 50.110, or to impose a limit under 18 AAC 50.201, including terms and conditions under AS 46.14.180 for

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

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

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

(D) keeping records; and

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

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

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

(d) For each stationary source that is not subject to Title V permitting under 18 AAC 50.326, the department will include in the minor permit the requirement for a periodic affirmation, in accordance with 18 AAC 50.205, of whether the stationary source is still accurately described by the application and minor permit, and whether the owner or operator has made changes that would trigger the requirement for a new permit under this chapter. In the minor permit, the department will set out a time period between required affirmations asRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

119 appropriate to the stationary source regulated by the minor permit.

(e) Repealed 7/25/2008.

(f) In a minor permit that establishes or revises a plantwide applicability limitation (PAL), the department will include

(1) the contents listed in 40 C.F.R. 52.21(aa)(7), adopted by reference in 18 AAC 50.040; and

(2) conditions as the department considers necessary to prevent emissions under the PAL from causing or contributing to a violation of an ambient air quality standard.

(g) In each minor permit under 18 AAC 50.508(4) to establish offsetting emissions, the department will include terms and conditions to ensure that the stationary source will meet the criteria in 18 AAC 50.542(f)(7), including terms and conditions imposed under AS 46.14.180 for

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

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

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

(D) keeping records; and

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

(h) In each minor permit establishing an owner requested limit (ORL) under 18 AAC 50.508(5), the department will include terms and conditions that

(1) describe the ORL, including specific testing, monitoring, recordkeeping, and reporting requirements;

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

(3) describe each permit classification under AS 46.14.130 that the ORL allows the owner or operator to avoid.

(i) In each minor permit under 18 AAC 50.508(6) that revises or rescinds terms or conditions of a Title I permit, the department will include terms and conditions as necessary to ensure that the permittee will construct and operate the proposed stationary source or modification in accordance with this chapter. If the limit

(1) made it possible for the owner or operator to avoid any preconstructionRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

120 review under this chapter, the limit remains in effect until the owner or operator obtains

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

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

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

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

(B) under this section or under a permit classified in 18 AAC 50.508, a new limit that allows the owner or operator to continue to avoid the need for the permit. (Eff.10/1/2004, Register 171; am 12/1/2004, Regi ster 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Regi ster 188; am 12/9/2010, Register 196)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.250

18 AAC 50.546. Minor permits: Revisions. (a) The department will use the procedures of 18 AAC 50.540 – 18 AAC 50.544 to revise a minor permit, either at the request of the permittee or on the department’s own initiative, in accordance with AS 46.14.280.

(b) Notwithstanding (a) of this section, the department may revise non-substantive elements of a minor permit without further admi nistrative procedures. (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187)

Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170
AS 46.14.010 AS 46.14.130 AS 46.14.180
AS 46.14.020 AS 46.14.140 AS 46.14.285

18 AAC 50.560. General minor permits. (a) Criteria. The department may issue a general minor permit to allow construction or operation of stationary sources or emission units
that (1) require a minor permit;

(2) involve the same or similar types of operation;

(3) involve the same type of emissions; and

(4) are subject to similar air quality control requirements.

(b) General minor permit issuance procedures. To issue a general minor permit, theRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

121 department will provide notice and opportunity for public comment on the department’s proposed permit by

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

(2) sending a copy of the notice by mail or electronic mail to persons on a list maintained by the department, including any person who has requested to be notified; if a person requests to be sent notice by postal mail instead of electronic mail, the department will send the notice by postal mail;

(3) distributing the notice using other means the department finds necessary for informing the public;

(4) allowing the public at least 30 days to submit comments; and

(5) making available for public inspection in the affected area

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

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

(C) the reasons for the department’s proposed action;

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

(E) a description of how interested persons may comment on the proposed general minor permit, including the period during which the department will accept public comments; and

(F) the time and place of any public hearing; the department will schedule any public hearing no sooner than 30 days after the date the first notice was published.

(c) Application or notification forms. The department will issue an application or notification form with each general minor permit. This may include an online or electronic form. The forms will identify the information that an applicant must provide to operate under the general minor permit, including (1) information identifying the stationary source and location of the stationary source, and contact information; as necessary to show that the stationary source meets the qualifying criteria or a term or condition of the general minor permit, the department will require that location information required under this subsection or under (d) – (g) of this section include a map and scale drawing;

(2) any information that is necessary to determine that the stationary source qualifies for the general minor permit;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

122 (3) identification of all equipment to be operated under the general minor permit;
and (4) a certification by the applicant that the stationary source is capable of complying with all permit requirements.

(d) Applying to construct or operate under a general minor permit. To construct or operate under a general minor permit, the owner or operator must submit the appropriate completed application or notification form for the specific stationary source type. In a general minor permit, the department will specify whether the applicant must submit a complete notification form and operate in compliance with the general minor permit, or whether the applicant must also obtain department approval under (e) of this section to operate under the general minor permit. If the general minor permit requires that the applicant get approval, the department will notify the owner or operator within 30 days after receipt of the application that

(1) the application is complete;

(2) additional information is necessary to make the application complete; or

(3) the stationary source does not qualify for the general permit.

(e) Approval to construct or operate under a general minor permit. Approval to construct or operate under the general minor permit is granted when the department finds the application complete. If the general minor permit does not require department approval, and if the stationary source meets all of the qualifying criteria and operates in compliance with the general minor permit, the owner or operator may construct or operate under the permit immediately after the department receives a completed notification form. The general minor permit authorizes construction or operation only for

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

(2) a location identified under (c), (f), or (g) of this section.

(f) General minor permit content. In a general permit the department will set out

(1) criteria that must be met in order for a stationary source to qualify under the general minor permit;

(2) a requirement to notify the department of the physical location of the stationary source before commencing construction or operation under the general minor permit, if the location is not provided in the application or notification;

(3) requirements in accordance with 18 AAC 50.544;

(4) for portable stationary sources, a notification form and procedures for a change in location; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

123 (5) any other terms and conditions that are necessary to assure that the stationary source continues to meet the qualifying criteria of the general minor permit.

(g) Relocation. A portable stationary source is authorized to operate under a general minor permit at additional locations not identified in the permit application or notification if the

(1) permittee notifies the department by submitting a completed change of location form following the procedures specified in the permit; and

(2) stationary source will continue to meet all of the permit’s qualifying criteria at each location. (Eff. 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180
AS 46.14.010 AS 46.14.140 AS 46.14.211
AS 46.14.020 AS 46.14.150 AS 46.14.250
AS 46.14.120 AS 46.14.170Register 203, October 2012 ENVIRONMENTAL CONSERVATION

124 Article 6. (ReservedRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

125 Article 7. Conformity

.

Section 700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 705. Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of responsible agency 710. Transportation conformity: incorporation by reference of federal regulations 715. Transportation conformity: interagency consultation procedures 720. Transportation conformity: public involvement 725. General conformity: incorporation by reference of federal regulations 730. General conformity: mitigation of air quality impacts 735. General conformity: frequency of conformity determinations

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 . The purpose of
18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, program project, or federal action within a nonattainment or maintenance area, will not hinder attainment of the national ambient air quality standards in that area if

(1) the plan, program, project, or action is federally-funded or federallyapproved; or (2) the project is nonfederally funded but is a regionally significant project that is funded, adopted, or approved by a current or pr ior recipient of funds under 23 U.S.C. or 49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705. Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations of responsible agency. (a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to

(1) a transportation plan, program, or project within a nonattainment or maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 5338; or (2) a project that is nonfederally funded, but that is a regionally significant project funded, adopted, or approved by a current or prior recipient of funds designated under 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Act)

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all federally-funded or approved actions within a nonattainment or maintenance area not described in (a) of this
section.

(c) It is the obligation of the responsible agency to meet the applicable requirements of 18 AAC 50.700 - 18 AAC 50.735. For purposes of

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

(A) receives or manages the federal money for the transportation plan,Register 203, October 2012 ENVIRONMENTAL CONSERVATION

126 program, or project referred to in (a) of this section;

(B) develops the transportation plan, program, or project referred to in (a) of this section; or

(C) funds, adopts, or approves a nonfederal, regionally significant project and is a current or prior recipient of funds under 23 U.S.C. or 49 U.S.C. 53;

(2) general conformity under 18 AAC 50.725 – 18 AAC 50.735, “responsible agency” means the federal agency that is responsible for the funding or for approval of the action referred to in (b) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710. Transportation conformity: incorporation by reference of federal regulations. An agency subject to 40 C.F.R. Part 93 shall comply with the following federal regulations, as revised as of July 1, 2009, adopted by reference:

(1) 40 C.F.R. 93.100 (Purpose);

(2) 40 C.F.R. 93.101 (Definitions);

(3) 40 C.F.R. 93.102 (Applicability);

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

(5) 40 C.F.R. 93.104 (Frequency of conformity determinations);

(6) 40 C.F.R. 93.106 (Content of transportation plans);

(7) 40 C.F.R. 93.107 (Relationship of transportation plan and TIP conformity with the NEPA process);

(8) 40 C.F.R. 93.108 (Fiscal constraints for transportation plans and TIPs);

(9) 40 C.F.R. 93.109 (Criteria and procedures for determining conformity of transportation plans, programs, and projects: General);

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

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

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

(13) 40 C.F.R. 93.113 (Criteria and procedures: Timely implementation of TCMs);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

127(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation plan and TIP);

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

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO, PM-10, and PM2.5 violations (hot spots));

(17) 40 C.F.R. 93.117 (Criteria and procedures: Compliance with PM-10 and PM-2.5 control measures);

(18) 40 C.F.R. 93.118 (Criteria and procedures: Motor vehicle emissions budget); (19) 40 C.F.R. 93.119 (Criteria and procedures: Interim emissions in areas without motor vehicle emissions budgets);

(20) 40 C.F.R. 93.120 (Consequences of control strategy implementation plan failures); (21) 40 C.F.R. 93.121 (Requirements for adoption or approval of projects by other recipients of funds designated under title 23 U.S.C. or 49 U.S.C. 53 (the Federal Transit Laws);

(22) 40 C.F.R. 93.122 (Procedures for determining regional transportationrelated emissions); (23) 40 C.F.R. 93.123 (Procedures for determining localized CO, PM-10, and PM-2.5 concentrations (hot-spot analysis));

(24) 40 C.F.R. 93.124 (Using the motor vehicle emissions budget in the applicable implementation plan (or implementation plan submission));

(25) 40 C.F.R. 93.125 (Enforceability of design concept and scope and projectlevel mitigation and control measures);

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

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

(28) 40 C.F.R. 93.128 (Traffic signal s ynchronization projects). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

Editor's note: The regulations of the Federal Highway Administration and the Federal Transit Authority concerning fiscal constraint referred to in 18 AAC 50.710(8) may be found atRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

128 23 C.F.R. 450.216(m), 23 C.F.R. 450.322(f)(10), and 23 C.F.R. 450.324.(h).

18 AAC 50.715. Transportation conformity: interagency consultation procedures. (a) Before issuing a final conformity determination under 18 AAC 50.700 - 18 AAC 50.720, the responsible agency described in 18 AAC 50.705(c)(1), shall

(1) contact the office of the local governing body to determine if that office is aware of any plans for construction of a regiona lly significant project that is not funded under 23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for which alternative locations, design concept and scope, or the no-build option are still being considered;

(2) prepare a preliminary interagency discussion draft, a public review draft, and a final draft of the conformity determination through the interagency consultation process described in (b) - (g) of this section with staff of

(A) the department;

(B) the local air quality planning agency;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency;

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

(F) the United States Environmental Protection Agency;

(G) the Federal Highway Administration;

(H) the Federal Transit Administration; and

(3) make the public review draft of th e conformity determination available for public review and comment as required in 18 AAC 50.720.

(b) A staff member of the responsible agency shall

(1) consult with staff of the agencies listed in (a)(2) of this section to prepare a preliminary interagency discussion draft of the conformity determination, including necessary supporting information;

(2) ensure that all documents and information relevant to the preliminary interagency discussion draft are available to staff from the participating agencies; and

(3) consider the comments of staff from participating agencies and respond in writing to those comments in a timely, substantive manner before making a final decision on the preliminary interagency discussion draft; written agency comments and written responses mustRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

129 be included in the record of any conformity decision or action.

(c) In preparing the preliminary interagency discussion draft, a staff member of the responsible agency shall consult with the staff of the agencies listed in (a)(2) of this section to

(1) evaluate and choose a traffic demand and regional emissions model, and associated methods and assumptions to be used in a hot-spot analysis or a regional emissions analysis; (2) determine which minor arterials and other projects should be considered regionally significant for purposes of a regional emissions analysis, in addition to those regionally significant projects as defined in 40 CFR 93.101, adopted by reference in 18 AAC 50.710;

(3) discuss whether a project that is otherwise exempt from the requirements of 18 AAC 50.700 - 18 AAC 50.720 under 40 C.F.R. 93.126 and 40 C.F.R. 93.127, adopted by reference in 18 AAC 50.710, should be treated as nonexempt if potential regional emissions impacts or other adverse emissions impacts might exist for any reason;

(4) determine, as required by 40 C.F.R. 93.113(c)(1), adopted by reference in 18 AAC 50.710, whether past obstacles to implementation of a transportation control measure (TCM) defined in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710, that is behind the schedule established in the state implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs; the interagency consultation process must also consider whether delays in TCM implementation necessitate a revision to the state implementation plan to remove or to substitute a TCM or other emission reduction measures;

(5) determine, as required by 40 C.F.R. 93.121, adopted by reference in 18 AAC 50.710, (A) that a regionally significant project

(i) is included in a regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not included in the TIP for the purposes of project selection or endorsement; and

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

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

(i) there is a currently conforming transportation plan and TIP, and a new regional emissions analysis that includes the regionally significant project; andRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(6) identify, as required by 40 C.F.R. 93.123(b), adopted by reference in 18 AAC 50.710, projects located at sites

(A) within a PM-10 nonattainment area identified in 18 AAC 50.015(b)(2), or within a PM-2.5 nonattainment area, if any, identified in 18 AAC 50.015(b)(2); and

(B) that have vehicle and roadway emission and dispersion characteristics essentially identical to those at sites that have air quality violations verified by monitoring, and that, therefore, require a quantitative PM-10 or PM-2.5 hot-spot analysis;
and

(7) notify staff of participating agencies of any revision or amendment to a transportation plan or TIP that merely adds or deletes an exempt project listed in 40 C.F.R. 93.126, adopted by reference in 18 AAC 50.710.

(d) In addition to the consultation described in (c) of this section, a staff member of the responsible agency shall consult with staff of the state and local agencies listed in (a)(2) of this
section to (1) evaluate events that will trigger new conformity determinations in addition to those triggering events established in 40 C.F.R. 93.104, adopted by reference in 18 AAC 50.710;

(2) consider an emissions analysis for transportation activities that extend beyond the boundaries of a local governing body, nonattainment area, or air basin; and

(3) determine the design, schedule, and funding of research and data collection efforts and regional transportation model development by the local governing body, such as household or travel transportation surveys.

(e) If the metropolitan planning area does not include the entire nonattainment or maintenance area, the interagency consultation must include staff of the local governing body and the Alaska Department of Transportation and Public Facilities to determine conformity of all projects outside the metropolitan planning area and within the nonattainment or maintenance

area. (f) After completing the interagency consultation process, the responsible agency shall prepare the public review draft of the conform ity determination, based on changes made to the preliminary draft during the consultation process, and shall make the public review draft available for public review and comment as required in 18 AAC 50.720.

(g) After opportunity for public review and comment on the public review draft of the conformity determination, the responsible agency shallRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

131 (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 listed in (a)(2) of this section and provide the supporting information upon request.

(h) The department will refer to the governor for resolution any conflict between state agencies or between state and local agencies that cannot be resolved by the heads of the involved agencies. The department will make the referral to the governor within 14 calendar days after notification or a determination that the conflict cannot be resolved. A conformity determination that is the subject of a conflict resolution under this subsection must have the governor's concurrence to be considered final. The department will provide the participating agencies with a copy of its referral to the governor. The governor may delegate the role of resolving a conflict under this subsection and deciding whether to concur in the conformity determination to a state official or agency other than the department , the Alaska Department of Transportation and Public Facilities, or a state transportation boa rd or commission. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.720. Transportation conformity: public involvement . (a) The responsible agency referred to in 18 AAC 50.705(c) shall establish a public involvement process to provide opportunity for public review and comment on the public review draft of the conformity determination before the agency issues a final conformity determination. As required under 40 C.F.R. 93.112, adopted by reference in 18 AAC 50.710, the public involvement process must be consistent with the requirements of 23 C.F.R. 450.316(a), 23 C.F.R. 450.322(i), and 23 C.F.R. 450.324(b), as revised as of April 1, 2009.

(b) The responsible agency shall

(1) subject to (d) of this section,

(A) receive written comments on the public review draft of the conformity determination; and

(B) hold a public hearing or meeting

(i) for a transportation plan or transportation improvement

program; (ii) for a project that is not included in a transportation plan or transportation improvement program, but that is within a designated nonattainment area listed under 18 AAC 50.015(b) or designated maintenance area listed under 18 AAC 50.015(d); or

(iii) if a written comment received under (A) of this paragraph requests a public hearing or meeting for a regionally significant project;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

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

(3) specifically address in the summary analysis all public comments concerning known plans for a regionally significant project that may not have been properly reflected in the emissions analysis used to support a proposed conformity finding for a transportation plan or TIP, regardless of whether the regionally signi ficant project is receiving federal funding or approval.

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

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy Act), compliance with the public involvement process under that law constitutes compliance with (a) – (c) of this section. (Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.725. General conformity: incorporation by reference of federal regulations . In addition to the other requirements of 18 AAC 50.725 - 18 AAC 50.735, a federal agency described in 40 C.F.R. 51.853(b) - (j), as amended through December 1, 1994, shall comply with the following federal regulations, as amended through December 1, 1994, which are incorporated by reference in this chapter:

(1) 40 C.F.R. 51.850 (Prohibition);

(2) 40 C.F.R. 51.852 (Definitions);

(3) 40 C.F.R. 51.853(b) - (j) (Applicability);

(4) 40 C.F.R. 51.854 (Conformity analysis);

(5) 40 C.F.R. 51.855 (Reporting requirements);

(6) 40 C.F.R. 51.856 (Public participation);

(7) 40 C.F.R. 51.858 (Criteria for determining conformity of general federal actions); and (8) 40 C.F.R. 51.859 (Procedures for conformity determinations of general federal actions). (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 203, October 2012 ENVIRONMENTAL CONSERVATION

133 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 separate person or agency, the federal agency making the conformity determination shall, before determining that the proposed federal actionis in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure in a manner consistent with (a) of this section and describe the nature of the commitment. A person or agency committing to a mitigation measure under this subsection shall comply with the written obligations stated in the commitment.

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued the license, permit, or authorization to fully implement the mitigation measure as a condition for continued approval of the license, permit, or authorization.

(d) A federal agency may modify a mitigation measure if that agency

(1) concludes that the proposed modification supports the conformity determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, adopted by reference in 18 AAC 50.725;

(2) issues a public notice of the proposed modification, using the public participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725;
and (3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)Register 203, October 2012 ENVIRONMENTAL CONSERVATION

134 Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.735. General conformity: frequency of conformity determinations. (a) The conformity status of a federal action lapses five years after the date that a final conformity determination is reported to the department unless

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

(2) the federal agency has commenced a continuous program to implement the
action within a reasonable time.

(b) An ongoing federal action showing continuous progress is not considered a new action and does not require a periodic redetermination required by this section if the emissions associated with the activity are within the scope of the final conformity determination reported in accordance with 40 C.F.R. 51.855, adopted by reference in 18 AAC 50.725.

(c) If, after the final conformity determination is made, the federal action is changed so
that there is an increase in the total of direct or indirect emissions above the levels set in 40 C.F.R. 51.853(b), adopted by reference in 18 AAC 50.725, the federal agency shall make a new conformity determination in accordance with 40 C.F.R. 51.854, adopted by reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133)

Authority: AS 46.03.020 AS 46.14.030Register 203, October 2012 ENVIRONMENTAL CONSERVATION

135 Article 8. (Reserved)Register 203, October 2012 ENVIRONMENTAL CONSERVATION

136 Article 9. General Provisions

.

Section 900. Small business assistance program 910. (Repealed)
990. Definitions

18 AAC 50.900. Small business assistance program. (a) The purpose of the small business assistance program established under AS 46.14.300 is to help small businesses in the state comply with state and federal air quality laws. The department’s The Alaska Small Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small business assistance program.

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of the small business assistance program.

(c) The owner or operator of an eligible small business facility may request a change to a requirement under this chapter that

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

(2) sets a schedule of milestones preceding a date for implementing a work practice or technological method of compliance.

(d) A change described in (c) of this section may be requested as follows:

(1) if the requested change requires an amendment of a provision of this chapter, the request must be submitted under AS 44.62.220 and must include

(A) a description of the provision of this chapter to be amended:

(B) a description of the proposed amendment to be adopted; and

(C) an explanation of the need for the proposed change and how the change can adequately substitute for or replace the requirement to be changed; or

(2) if the requested change requires a revision to a permit term or condition that is not expressly required by this chapter, the request may be submitted as an application for a minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, and subject to 18 AAC 50.326.

(e) The department will schedule a proposed amendment to this chapter submitted under (d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not
cause a violation of (1) the Clean Air Act;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

137 (2) a federally-enforceable requirement; or

(3) state law. (Eff. 1/18/97, Regi ster 141; am 10/1/2004, Register 171)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300

Editor's note : More information on the services provided by the small business assistance program referred to in this section, including details on determining eligibility, may be obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, Alaska 99801-1795, (907) 465-5100. A copy of the program description as it appears in the state air quality control plan, adopted by reference in 18 AAC 50.030, is available from the department's central and regional offices. A copy of the state air quality control plan may be viewed at any department office or at the Office of the Lieutenant Governor.

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171)

18 AAC 50.990. Definitions . In this chapter

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted by reference in 18 AAC 50.040;

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

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

(4) "air curtain incinerator" means a device in which large amounts of combustible materials are burned in a rectangular containment equipped with an overfire air system; (5) "air pollution" has the meaning given in AS 46.03.900;

(6) "air pollution control equipment" means equipment or a portion of equipment designed to reduce the emissions of an air pollutant to the ambient air;

(7) "air quality control requirement" means any obligation created by AS 46.14, this chapter, or a term or condition of a preconstruction permit issued by the department before January 18, 1997;

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 40 C.F.R. 52.21(aa), adopted by reference in 18 AAC 50.040,

(A) “allowable emissions” means the emissions rate of an emission unit calculated considering any emission limitation that is enforceable as a practical matter onRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

138 the emission unit’s potential to emit; and

(B) in the definition of “potential to emit” in 40 C.F.R. 51.166(b), the words “or enforceable as a practical matter” are added after “federally enforceable”, as provided in 40 C.F.R. 51.166(w)(2)(ii)( b );

(9) "ambient air" has the meaning given in AS 46.14.990;

(10) "ambient air quality standards" has the meaning given in AS 46.14.990;

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

(12) "asphalt plant" means a stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements; “asphalt plant” includes any combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within the stationary source;

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

(14) “begin actual construction” has the meaning given in 40 C.F.R. 52.21(b)(11), adopted by reference in 18 AAC 50.040;

(15) "black smoke" means smoke having the color of emissions produced by the incomplete combustion of toluene in the double wall combustion chamber of a smoke generator;

(16) "Btu" means British thermal unit;

(17) “building, structure, facility, or installation” has the meaning given in AS 46.14.990;

(18) “casting off” means the first release of a line securing a vessel to shore as part of the process of leaving berth;

(19) “Class I area,” “Class II area,” and “Class III area” mean an area designated in 18 AAC 50.015, Table 1, as Class I, Class II, or Class III respectively;

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

(21) repealed 7/25/2008;

(22) "coal preparation plant" means a stationary source that prepares coal by breaking, crushing, screening, wet or dry cleaning, or thermal drying, and that processes more than 200 tons per day of coal; “coal preparation plant” includes any combination of thermal dryers, pneumatic coal-cleaning equipment, co al processing and conveying equipment, breakers and crushers, coal storage systems, and coal transfer systems within the stationary source;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

139 (23) "commissioner" means the commissioner of environmental conservation;

(24) "conservation vent" means a vent containing a pressure-vacuum valve designed to minimize emissions of vapors from a storage tank due to changes in temperature and

pressure;

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

(26) "construction permit" has the meaning given in AS 46.14.990;

(27) "delivery tank" means the tank portion of a tank truck, tank trailer, or rail tank car; “delivery tank” does not include a tank of less than 2,500 gallons used to test or certify metering devices;

(28) "department" means the Department of Environmental Conservation;

(29) "emission" has the meaning given in AS 46.14.990;

(30) "emission limitation" has the meaning given in AS 46.14.990;

(31) "emission standard" has the meaning given in AS 46.14.990;

(32) “emission unit” has the meaning given in AS 46.14.990;

(33) "EPA" means the United States Environmental Protection Agency;

(34) "excess emissions" means emissions of an air pollutant in excess of any applicable emission standard or limitation;

(35) repealed 4/1/2010;

(36) “expected number” 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. 2.1, 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 organization within the Department of Natural Resources, United States Forest Service, or United States Bureau of LandRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

140 Management/Alaska Fire Service;

(39) "fuel-burning equipment" means a combustion device capable of emission; “fuel-burning equipment” includes flares; “fue l-burning equipment” does not include mobile internal combustion engines, incinerators, marine vessels, wood-fired heating devices, or backyard barbecues;

(40) "fugitive emissions" has the meaning given in AS 46.14.990;

(41) "gasoline distribution facility" means a stationary source that stores fuel including gasoline and that transfers gasoline from storage tanks to delivery tanks;

(42) "good engineering practice stack height"

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

(B) for all other stack heights, means the actual physical height of the stack;

(43) “grate cleaning” means removing ash from fireboxes;

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990;

(45) “hazardous air pollutant major source” has the meaning given for the term “major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040;

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020;

(47) "impairment of visibility" means any humanly perceptible change in visibility from that which would have existed under natural conditions; in this paragraph, “change in visibility” includes light extinction, at mospheric discoloration, and any other change in visual range, contrast, or coloration;

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

(49) "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

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

(51) "maintenance area" means a geographical area that EPA previously designated as a nonattainment area and subsequently designated as an "attainment area" underRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

141 42 U.S.C. 7407(d)(3) (Clean Air Act, sec. 107(d)(3));

(52) “major stationary source” means

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

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

(53) “major modification” means

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

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

(54) “make fast to the shore” means to secure the last line necessary to secure a vessel in its berth;

(55) "marine vessel" means a seagoing craft, ship, or barge;

(56) “maximum achievable control technology” or “MACT” means a maximum achievable control technology emission limitation defined in 40 C.F.R. 63.51, adopted by reference in 18 AAC 50.040, for a new or existing source;

(57) "maximum true vapor pressure" means the equilibrium partial pressure exerted by a stored liquid at the local maximum monthly average temperature reported by the National Weather Service;

(58) “minor permit” means a permit issued under 18 AAC 50.502 – 18 AAC 50.560;

(59) "modification" or "modify" has the meaning given to “modification” in 42 U.S.C. 7411(a) (Clean Air Act, sec. 111(a));

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

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

(62) “nonattainment area” means, for a particular air pollutant, an area designated as nonattainment for that air pollutant;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

142 (63) "nonroad engine" has the meaning given in 40 C.F.R. 89.2, as revised as of September 18, 2007, adopted by reference;

(64) "nonroutine repair" means an immediate repair to correct an unavoidable emergency or malfunction;

(65) "open burning" means the burning of a material that results in the products of combustion being emitted directly into the ambient air without passing through a stack, flare, vent, or other opening of an emission unit from which an air pollutant could be emitted;

(66) "operator" has the meaning given in AS 46.14.990;

(67) "organic vapors" means any organic compound or mixture of compounds evaporated from volatile liquid or any organi c compound or mixture of compounds in aerosols formed from volatile liquid;

(68) “ORL” means owner requested limit;

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

(70) “PAL major modification” has the meaning given in 40 C.F.R. 52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040;

(71) "particulate matter" means a material, except water, that is or has been airborne and exists as a liquid or solid at standard conditions;

(72) "permit" includes all of the elements described in the definitions of "construction permit" and "operating permit" in AS 46.14.990, and the same elements as they occur in a minor permit under AS 46.14.130(c);

(73) "person" has the meaning given in AS 46.14.990;

(74) "petroleum refinery" means a stationary source engaged in the distillation of petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives;

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

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

(77) repealed 7/25/2008; (78) “Port of Anchorage stationary source” means a stationary source located in the Port of Anchorage that contains one or more emission units subject to a standard inRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

143 18 AAC 50.085 or 18 AAC 50.090;

(79) “potential emissions” has the meaning given to the term "potential to emit" in AS 46.14.990;

(80) "potential to emit" has the meaning given in AS 46.14.990;

(81) "ppm" means parts per million;

(82) "practical means available" means, when approving the open burning of liquid hydrocarbons produced during oil or gas well testing, that all alternative disposal methods will have been analyzed and, where an environmentally acceptable procedure exists, that procedure will be required;

(83) “project” means a physical change or change in the method of operation of an existing stationary source;

(84) “PSD” means prevention of significant deterioration;

(85) “PSD permit” means a permit required under 18 AAC 50.306;

(86) "putrescible garbage" means material capable of being decomposed with sufficient rapidity to cause nuisance or obnoxious odors;

(87) "rated capacity" means the maximum sustained capacity of the equipment based on the fuel or raw material, or combination of fuels or raw materials, that is actually used and gives the greatest capacity;

(88) "reconstruct" and “reconstruction” have the meaning given “reconstruction” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040, except that for purposes of 18 AAC 50.260 “reconstruction has the meaning given in 40 C.F.R. 51.301, adopted by reference in 18 AAC 50.260(a);

(89) "reduction in visibility" means the obscuring of an observer's vision;

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101 adopted by reference in 18 AAC 50.710;

(91) "regulated air pollutant" has the meaning given in AS 46.14.990;

(92) “regulated NSR pollutant” has th e meaning given in 40 C.F.R. 52.21(b)(50), adopted by reference in 18 AAC 50.040(h);

(93) "responsible official" meansRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

144 (A) for a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person whoperforms similar policy or decision making functions for the corporation, or a dulyauthorized representative of that person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit under AS 46.14 or this chapter, and

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

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

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

(C) for a public agency, a principal executive officer or ranking elected official; for the purposes of this chapter, a principal executive officer of a federal agency includes the chief executive officer with responsibility for the overall operations of a principal geographic unit in this state;

(94) “reviewing authority” means the department;

(95) “rig day” means each calendar day that a single drill rig is drilling or testing an oil or gas well in normal operation or standby service; “rig day” does not include a day when

(A) equipment is not operating; or

(B) only light plants are operating;

(96) "scheduled maintenance" means activities planned in advance designed to keep equipment in good working order;

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

source; (98) "small business facility" has the meaning given in AS 46.14.990;

(99) "smolder" means to burn and smoke without flame;

(100) “soot-blowing” means using steam or compressed air to remove carbon from a furnace or from a boiler’s heat transfer surfaces;

(101) "stack" has the meaning 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;Register 203, October 2012 ENVIRONMENTAL CONSERVATION

145 (103) "startup" means

(A) for an internal combustion engine aboard a marine vessel, the point in time that emissions begin to exit from the vessel as a result of igniting the engine; and

(B) for all other sources, the setting into operation of a source for any

reason;

(104) "state air quality control plan" means the plan adopted by reference in 18 AAC 50.030;

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

(106) "technology-based emission standard" means

(A) a best available control technology standard with the meaning given in 40 C.F.R. 52.21(b)(12), adopted by reference in 18 AAC 50.040;

(B) a lowest achievable emission rate (LAER) standard;

(C) a maximum achievable control technology standard established under 40 C.F.R. Part 63, Subpart B, adopted by reference in 18 AAC 50.040(c);

(D) a standard adopted by reference in 18 AAC 50.040(a) or (c); and

(E) any other similar standard for which the stringency of the standard is based on determinations of what is technologically feasible, considering relevant factors;

(107) “temporary construction activity” means construction that is completed in 24 months or less from the date construction begins; “temporary construction activity” includes any period of inactivity during that 24-month period;

(108) “thermal soil remediation unit” means a stationary source that causes petroleum contamination to be desorbed from soils by heating the soil in a kiln;

(109) “Title I permit” means a

(A) permit issued under 18 AAC 50.306, 18 AAC 50.311, 18 AAC 50.316, or 18 AAC 50.502 – 18 AAC 50.560;

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

(C) permit to operate issued before January 18, 1997;

(110) “Title V permit” means a permit required by AS 46.14.130(b);Register 203, October 2012 ENVIRONMENTAL CONSERVATION

146 (111) “Title V source” means a stationary source classified as needing a permit under AS 46.14.130(b);

(112) “TPY” has the meaning given in AS 46.14.990;

(113) "total suspended particulate" or "TSP" means particulate matter as measured by a method specified in the department’s Air Quality Assurance Manual for Ambient Air Quality Monitoring , adopted by reference in 18 AAC 50.030;

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that does not contain used oil, crude oil, or a hazardous waste;

(115) "upset" means the sudden failure of equipment or a process to operate in a
normal and usual manner.

(116) "vapor collection system" means all equipment, ducts, piping, valves, and fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into the atmosphere;

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with volatile liquid or that was loaded with vola tile liquid during the immediately preceding load;

(118) "volatile liquid" means a liquid compound or mixture of compounds that exerts a maximum true vapor pressure of 0.5 pounds per square inch or more;

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, meters, and fittings used to fill delivery tanks with volatile liquid;

(120) "volatile liquid storage tank" means any stationary storage vessel that contains a volatile liquid;

(121) “volatile organic compound” or “VOC” has the meaning given in 40 C.F.R. 51.100(s), as revised as of July 1, 2009, and adopted by reference;

(122) “weighing anchor” means to begin heaving in the anchor with intent to retrieve it and get underway, regardless of how the chain tends when heaving in begins;

(123) "wood-fired heating device" means a device designed for wood combustion so that usable heat is derived for the interior of a building; “wood-fired heating device” includes wood-fired stoves, fireplaces, wood-fired cooking stoves, and combination fuel furnaces or boilers that burn wood; “wood-fired heating device” does not include a device that is primarily a part of an industrial process and incidentally provides usable heat for the interior of a building.

(124) “portable oil and gas operation” means an operation that moves from site to site to drill or test one or more oil or gas wells, and that uses drill rigs, equipment associated withRegister 203, October 2012 ENVIRONMENTAL CONSERVATION

147 drill rigs and drill operations, well test flares, equipment associated with well test flares, camps, or equipment associated with camps; “portable oil and gas operation” does not include well servicing activities; for the purposes of this paragraph, “test” means a test that involves the use of a flare; (125) “well servicing activities” means the use of portable equipment for servicing existing oil and gas wells that only stays on site for short and varying periods of time; “well servicing activities” includes the use of

(A) coiled tubing units;

(B) well frac units;

(C) well slickline units;

(D) well hot oil units;

(E) well wireline units.

(126) “PAL pollutant” means the pollutant for which a plantwide applicability limitation (PAL) is established at a major stationary source;

(127) “regional administrator” means the administrator of Region X of EPA;

(128) “PM-2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers;

(129) “ozone” means a colorless gas that has a pungent odor and the molecular
form O 3 ; (130) “transportation improvement plan” or “TIP” has the meaning given in 40 C.F.R. 93.101, adopted by reference in 18 AAC 50.710.

(131) “CO 2 equivalent emissions (CO 2 e)” has the meaning given in 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040;

(132) “greenhouse gases” has the meaning given in 40 C.F.R. 52.21, adopted by
reference in 18 AAC 50.040. (Eff. 1/18/97, Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; am 9/4/98, Register 147; am 11/4/ 99, Register 152; am 1/1/2000, Register 152; am 2/2/2002, Register 161; am 5/3/2002, Register 162; am 11/15/2002, Register 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Register 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 4/1/2010, Re gister 193; am 12/9/2010, Register 196; am 9/17/2011, Register 199; am 9/14/2012. Register 203)

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250
AS 46.03.020 AS 46.14.150 AS 46.14.255
AS 46.03.710 AS 46.14.160 AS 46.14.280
AS 46.14.010 AS 46.14.170 AS 46.14.285
AS 46.14.020 AS 46.14.180 AS 46.14.290Register 203, October 2012 ENVIRONMENTAL CONSERVATION

148 AS 46.14.030 AS 46.14.210 AS 46.14.300
AS 46.14.120 AS 46.14.230 AS 46.14.560 AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 1 of 9 DEC SIP SUBMITTAL
Revisions to 18 AAC 50 Dated July 25, 2008; November 9, 2008; May 6, 2009; November 4, 2009; April 1, 2010; July 1, 2010; October 29, 2010; December 9, 2010 , September 17, 2011 , and September 14, 2012 All revisions prior to December 9, 2010, have already been submitted for SIP approval or do not require SIP approval.

PART OF SIP ?
SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State
Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.005 X Purpose of chapter 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.010 X Ambient Air Quality Standards 10/1/2004 4/1/10 and

9/17/11 2/5/07 7/21/98 YES No changes made Adoption of new and

revised standards. Adoption of new standard.
18 AAC 50.015 X Air Quality
Classifications 10/1/2004
12 / 9 /2010 2/5/07 2/20/04 YES Addition of PM2.5 nonattainment designation

for Fairbanks and North
Pole
18 AAC 50.020 X Baseline Dates 7/25/2008 2/5/07 6/21/98 YES Formatting corrections to 020(b)(2) and Table 3
18 AAC 50.025 X Visibility & Special
Protection 6/21/1998 1/19/99 6/21/98 NO No changes made

18 AAC 50.030 X State Air Quality
Control Plan 11/9 /2008, 5/6/09, 11/4/09, 4/1/10, 10/29/10 ,

8/2/12 2/5/07 10/1 /04 YES Amend adoption by reference date in 030(9); 030 amended to update the State Air Quality Control Plan (multiple changes) and

the adoption by reference

of the updated Quality Assurance Project Plan 18AAC 50.030(3) X Port of Anchorage
Provisions 7/25/2008 2/5/07 1/18/97 NO Updated language to 030(3);

n o EPA Action Required

18 AAC 50.035 X Documents adopted by reference 7/25/2008, 11/9/2008,

4/1/10,
12 / 9 /2010 , 9/17/ 20 11 , and 9/14/ 20 12 2/5/07 12/03/05 YES Updated revision dates of adopted documents in 035(a) and 035(b), added 035(a)(7) and (8); updated adoption dates; updated revision date in 035(b) ; updated revision date

and Appendix in 035(b) ; adoption by reference of Title V Standard Application and
Forms and A ERSCREEN inG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 2 of 9 035(a); updated adoption date in 035(b) PART OF SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State
Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.040 X Adoption of federal
standards 7/25/2008;
12 / 9 /2010 ; and 9/14/2012 2/5/07 12/3/05 YES Updated revision dates of adopted documents in 040(a)

- (j); repealed (h)(17)

- (19) and (i)(7)

- (9); amended language in (h)(20), (i)(10); updated revision dates in 040(a)

- (j); added 040(a)(2)(LL)

- (QQ); added 040(c)(34)

- (35); added 040(j)(9) ; updated adoption dates in 040(a)

- (i) ; adopted new subpart in 040(a)(2) and

(c) ; clarified language in 040(h) and (i); adopted a new

subsection 040(k) ; added additional informatio n in the Editor’s Note to 040 18 AAC 50.045 X Prohibitions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.050 X Incinerator emission
standards 7/25/2008 2/5/07 5/3/02 YES Formatting corrections to Table 4 in 050(b)

18 AAC 50.052 X Repealed 10/ 1/2004 1/19/99 6/21/98 YES EPA must approve repeal of previously approved section 18 AAC 50.055 X Industrial processes & fuel burning equipment 7/25/2008
and
12 / 9/ 2010 2/5/07 10/1/04 YES Clarifying language in 055(a)(9)(D); amended 055(a)(9)

18 AAC 50.060 X Pulp Mills 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.065 X Open Burning 1/18/1997 1/19/99 1/18/97 NO No changes made

18 AAC 50.070 X Marine Vessel Visible Emissions 6/21/1998 1/19/99 1/18/97 NO No changes made

18 AAC 50.075 X Wood fired heating
devices 1/18/1997
and 5/6/09 1/19/99 1/18/97 NO No changes made Revisions to CBJ Code

18 AAC 50.080 X Ice Fog (was 50.090) 1/18/1997 2/5/07 1/18/97 YES No changes made

18 AAC 50.085 X Port of Anchorage 1/18/1997 N/A N/A Not part of the SIP; No EPA approval or action neededG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 3 of 9 PART OF SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State
Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.090 X Port of Anchorage 7/25/2008 N/A 10/1/04 N/A No EPA action needed ; amended to include resting requirements
18 AAC 50.100 X Nonroad engines 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.110 X Air Pollution Prohibited 05/26/1972 Prior 80 5/26/72 NO Previously approved

18 AAC 50.200 X Information Requests 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.201 X Ambient Air Quality Investigation 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.205 X Certification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.215 X Ambient analysis
methods 7/25/2008, 4/1/10, 10/29/10 , 12 / 9 /2010 , 9/17/ 20 11 , and 9/14/2012 2/5/07 10/1/04 YES 215(a), (c) repealed and readopted; 215(b) amended; 215(d) Table 5 repealed and readopted; 215(d) amended to add a new subsection; addition of
methods and amended 215(a) to reflect adoption of new QAPP ; adopted PM2.5

SIL ; revised language in 215 (b) and (c); added SIL modeling language to 215(d); added
AERSCREEN and deleted

SCREEN3 language in 215(e)
18 AAC 50.220 X Enforceable Test
Methods 10/ 1/2004 , 9/17/ 20 11 , and 9/14/2012 2/5/07 1/18/97 YES Adopted source testing for
PM2.5 ; corrected language in 220(c)

18 AAC 50.225 X Owner requested limits 7/25/2008 , 12 / 9 /2010 , and 9/14/2012 2/5/07 1/29/05 YES 225(b) amended to add new subsection; amended 225(a) to add clarifying language ; added a new section 225(i)

18 AAC 50.230 X Pre approved emission limits 1/29/2005
and 2/5/07 6/21/98 YES No changes made ; 230(c)(1)(I) andG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 4 of 9 7/1/ 20 10 230(d)(1)(E) amended to

correct cross

- reference to
fees PART OF SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State
Effective

Date EPA Approval Required Comment (Nature of change if any)

18AAC50.230(d) X PAEL for gasoline bulk plants 1/29/2005 N/A 6/21/98 NO Not part of the SIP

18 AAC 50.235 X Unavoidable emergencies etc. 10/ 1/2004 N/A 6/14/98 NO No changes made

18 AAC 50.240 X Excess Emissions 10/ 1/2004 1/19/99 1/18/97 YES No changes made

18 AAC 50.245 X Air Episodes &
Advisories 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.250 X Revising air quality
classification 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.260 X Guidelines for BART 12/30/2007
and 7/1/ 20 10 N/A N/A NO New section; no action required; 260(p) amended

to correct cross

- reference to fees
18 AAC 50.300 X Repealed 10/ 1/2004 2/5/07 5/3/02 YES No changes made

18 AAC 50.301 X Permit continuity 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.302 X Construction Permits 10/1/2004
12 / 9 /2010
and 9/14/2012 2/5/07 N/A YES 302 amended to add a new subsection (c) ; corrected word in 302(b)

18 AAC 50.305 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No changes made

18 AAC 50.306 X PSD Permits 7/25/2008
and
12 / 9 /2010 2/5/07 10/1/04 YES Expanded definition of
“federal administrator” in

306(b)(1)(A); repealed 306(b)(2)

- (3); amended leading language of 306(c);

repealed and readopted 306(b) to clarify definitions
18 AAC 50.310 X Repealed 10/ 1/2004 2/5/07 1/18/97 N/A No changes made

18 AAC 50.311 X Nonattainment & Major Source 10/ 1/2004 2/5/07 N/A YES No changes made

18 AAC 50.315 X Repealed 10/ 1/2004 N/A N/A No changes made
PART OF SIP ?G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 5 of 9 SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State
Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.316 X HAPS Major Construction 12/ 1/2004 N/A YES No EPA action required

18 AAC 50.320 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.321 X Case by Case MACT 12/ 1/2004 N/A N/A No action required

18 AAC 50.322 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.326 X TV Program &
Technical 12/ 1/2004 , 9/17/ 20 11 , and 9/14/2012 N/A N/A No action required ; added insignificant emission rate

basis for GHG ; clarified language in 326(c) about timely applications and requiring the use of the Title V Standard Application and Forms;

clarifying language in 326(i)
18 AAC 50.330 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.335 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.340 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.341 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.345 X Standard Permit
Conditions 11/9/2008
and 9/14/2012 2/5/07 Except 345(b), (c)(3), & (l) 10/1/04 YES Added minor permits to list of permits that can use standard conditions; amend 345(j) to clarify certification requirements ; clarifying language in 345(m)
18 AAC 50.346 X Other permit conditions 346(a) only 11/9/2008
and
12 / 9 /2010 10/1/04 YES Approval required for 18 AAC 50.346(a) only (disapproved on 2/5/07); 346(b) was amended to

update adoption by
reference dates of revised
standard conditions and

adopt a new standard condition; Table 7 was updated to reflect changes;

approval required for 18G: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 6 of 9 AAC 50.346(a) only (disapproved on 2/5/07 ); 346(b) was amended to

update adoption by reference dates of revised
standard conditions and adopt two new standard

condition s ; Table 7 in 346(c) was updated to reflect changes PART OF SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.350 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.355 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.360 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.365 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.370 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.375 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.380 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.385 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.390 X Repealed 10/ 1/2004 N/A N/A No action required

18 AAC 50.400 X Fees 7/25/2008 , 7/1/ 20 10 , and

9/14/2012 2/5/07 (see note
in

comment column) NO 400(e)(3), (f) repealed; (g) amended; (h)(1) amended; (m)(6) repealed; no action required because removed from subject to SIP status, 2/5/07; 400 repealed and readopted to address changes in fees ; clarifying language on fees in 400(a), (i), and (j) 18 AAC 50.401 X Repealed 1/29/2005 N/A N/A No action required

18 AAC 50.403 X Fees 12/ 3/05
and 7/1/ 20 10 NO No changes made ; do not desire these fees to be part of

EPA approved SIP ; 403 amended to correct cross reference to fees
18 AAC 50.405 X Transition Process for fees 1/29/2005 NO No changes made ; do not desire these fees to be part of EPA approved SIPG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 7 of 9 PART OF SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State
Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.410 X Emission Fees 6/18/09
and 7/1/ 20 10 NO End date for fees extended ; however, not being submitted
and do not desire these fees to be part of EPA approved SIP ;

410 amended to update fees 18 AAC 50.420 X Billing procedures 1/29/2005
and 7/1/ 20 10 2/5/07 (see note
in

comment column) NO No changes made; removed from subject to SIP status, 2/5/07; 420 amended to

correct cross

- reference to
fees

18 AAC 50.430 X Appeal procedures 7/11/2002 2/5/07 (see note ) NO Removed from subject to SIP status, 2/5/07

18 AAC 50.499 X Definitions 1/29/2005 YES No changes made

18 AAC 50.502 X Minor Permits 7/25/2008
and
12 / 9 /2010 2/5/07 12/3/05 YES 500(c) amended; CU and PCP language repealed;

definition revised in 502(b)(6)
18 AAC 50.508 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 508(1) repealed; 508(5) language amended
18 AAC 50.509 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES Repealed

18 AAC 50.510 X Minor Permits 12 / 9 /2010 XX/xx/2
010 YES Addition of new section 510
to address TI/TV interface

18 AAC 50.540 X Minor Permits 7/25/2008 , 12 / 9 /2010 , and 9/14/2012 2/5/07 12/ 3/05 YES 540(g) repealed; 540(j)
amended to include new language; 540(c)(2) revised; 540(k) and 540(k)(3)
revised ; clarifying language in 540(k)
18 AAC 50.542 X Minor Permits 7/25/2008
and
12 / 9 /2010 2/5/07 12/1/ 04 YES 542(f)(4)

- (5) repealed; (g)(1) amended to delete

reference to repealed language; 542(a) amended
to add additional areas to
list
18 AAC 50.544 X Minor Permits 7/25/2008, 11/9/2008, 2/5/07 1/29/05 YES 544(a) is amended to add a new paragraph; 544(c) and (h) are amended to includeG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 8 of 9 and
12 / 9 /2010 new language; 544(e) repealed; 544(a) amended to add additional language; 544(h)(3) amended PART OF SIP ?

SECTION YES NO Title of Section Current State
Effective Date EPA Approval
Date Previous State Effective

Date EPA Approval Required Comment (Nature of change if any)

18 AAC 50.546 X Minor Permits 7/25/2008 2/5/07 10/1/ 04 YES 546(a) is amended to add new language
18 AAC 50.560 X Minor Permits 10/ 1/2004 2/5/07 YES No changes made

18 AAC 50.700 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.705 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.710 X Conformity 9/ 4/1998 and 4/1/10 2/28/00 1/4/95 NO No action required ; Transportation Conformity

18 AAC 50.715 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.720 X Conformity 9/ 4/1998 2/28/00 1/4/95 NO No action required

18 AAC 50.725 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.730 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.735 X Conformity 1/ 4/1995 11/27/95 1/4/95 NO No action required

18 AAC 50.900 X Small business 10/ 1/2004 2/5/07 1/18/97 YES No changes made

18 AAC 50.910 X Repealed 10/ 1/2004 N/A 1/18/97 N/A No action required

18 AAC 50.990 X Definitions 7/25/2008, 4/1/10, 12/9 /2010 , and 9/17/11 2/5/07 12/ 3/05 YES D efinition s (21) and (77) repealed; amended definitions( 42(A)) and (63) to include revised dates; amended definition (59) to
reference definition in the CAA; added definitions (126) “PAL pollutant” and (127) “regional administrator”; new definitions (128)

– (130) and repeal of (35); (101)
amended to correct a typo; (121) amended to adopt updated definition date;
Editor’s note added to clarify definition due toG: \ AQ \ General \ PROGDEV \ SIP Revisions \ 2012 Adoption Updates SIP Submittal \ Revision Table 2012.docx 9 of 9 C.F.R. printing error ; added definitions for greenhouse gases and CO 2 e ; clarify definitions in 990; delete Editor’s Note
from 12/9/2010

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (e)

Evidence State Procedural Requirements Satisfied:

and

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

Dated E vidence of Proper Public Notice:

and

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

Cert ification that Public Hearings were Held if Applicable:

Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information signed by Rebecca Tyson Smith
dated December 23 , 2011

.

Affidavit of Supplemental Notice of Proposed Adoption of Regulations and Furnishing of Additional Information signed by Rebecca Tyson Smith dated December 23, 2011.

Public Notice signed by Commissioner Larry Hartig dated August 25,
2011

.

Supplemental Public Notice signed by Commissioner Larry Harti g dated September 20, 2011.

Affidavit of Publication , Anchorage Daily News , dated August 29

- 30 , 2011 (affidavit signed September 7 , 2011 ).

Affidavit of Supplemental Publication , Anchorage Daily News , dated September 22

- 23, 2011 (affidavit signed Septembe r 28, 2011).

Affidavit of Publication, Fairbanks Daily News Miner, dated August 29

- 30 , 2011 (affidavit signed August 30 , 2011 ).

### Affidavit of Supplemental Publication, Fairbanks Daily News Miner, dated September 22

- 23, 2011 (affidavit signed September 23, 2011).

Affidavit of Publication, Juneau Empire, dated August 30

- 31 , 2011 (affidavit signed January 6, 2012 ).

Affidavit of Supplemental Publication, Juneau Empire, dated September 22

- 23, 2011 (affidavit signed April 2, 2012).

Affidavit of Oral Hearing s igned by Tom Turner dated September 28 , 201 1

.STATEOFALASKA)FIRSTJUDICIALDISTRICT)ss.)AFFIDAVITOFNOTICEOFPROPOSEDADOPTIONOFREGULATIONSANDFURNISHINGOFADDITIONALINFORMATIONI,RebeccaTysonSmith,EnvironmentalProgramSpecialist,oftheDepartmentofEnvironmentalConservation,beingsworn,statethefollowing:AsrequiredbyAS44.62.190,noticeoftheproposedadoptionofchangesto18AAC50,AirQualityControl,updatingadoptionbyreferencedatesoffederalrules;adoptingafederalrulepartandnewsubparts;repealingordeletingobsoletelanguage;addinglanguagetoadoptandrequireTitleVstandardapplicationforms;clarifyingmodelingrequirements;clarifyingrequirementsforownerrequestedlimits;andadoptingclarificationstoexistingregulationstocorrectwording,tocorrectcross-references,andresolveinternalregulationconflictshasbeengivenbybeing:(1)publishedinanewspaperortradepublication;(2)furnishedtointerestedpersonsasshownontheattachedlists;(3)furnishedtoappropriatestateofficials;(4)furnishedtotheDepartmentofLaw,alongwithacopyoftheproposedregulations;(5)electronicallytransmittedtoincumbentStateofAlaskalegislators;(6)furnishedtotheLegislativeAffairsAgency,LegislativeLegalandResearchServices;(7)postedontheAlaskaOnlinePublicNoticeSystemasrequiredbyAS44.62.175(a)(l)and(b)and44.62.190(a)(,l);(8)furnishedelectronically,alongwithacopyoftheproposedregulations,totheLegislativeAffairsAgency,thechairsoftheResourcesCommitteesoftheAiaskaSenateandHouseofRepresentatives,theAdministrativeRegulationReviewCommittee,andthelegislativecouncil.AsrequiredbyAS44.62.190(d),additionalregulationsnoticeinformationregardingtheproposedadoptionoftheregulationchangesdescribedabovehasbeenfurnishedtointerestedpersonsasshownontheattachedlistsandthosein(5)and(6)ofthelistabove.TheadditionalregulationsnoticeinformationalsohasbeenpostedontheAlaskaOnlinePublicNoticeSystem.DATE:
3 1 >r

7/Juneau,AlaskapSUBSCRIBEDANDSWORNTObeforemethis_____dayofJJ&IemAtt701 /&ov64 gk’tvcg 4[NOTARYSEAL]STATEOFALASKAOFFICIALSEALCassidyV.KearneyNOTARYPUBLICMyCommissionExpiresWithOffice.‘NotaryPublrcinandfortheVStateofAlaskaMycommissionexpires:

jt4 VA CY5c_QTysonSMth,EnvironmentalProgramSpecialistTtIe/5&tectAdcctionLfltesaidT&VStanddApp&1TypePtdchDtkes/ProposedActions:RegiAatknsQfQJ]Email(30)webTwitterSUPPLEMENTALPubicReciPientsDECWorkçroupRecipientsNameEmailStatusStatusDateBausman,Nyreertazmane)*censatig.ccoiSeit9(22/20111:15PMNocIqDcre,Michelen*hiIeNadmwe@alaska.govSort9/22/20111:15PMBlakesley,Anàeaancfrea_blakesley@res.govSent9/22/2011115PMBloecher,PatrickpthIoediersithc.ctgSect9/22/20111:15PM&4A,XMTEieaiette,brena@cM&iocc4nSent9/22/20111:15PMBuckbee,Rachelrachd.bxkbee@bp.con,Sent9/22/20111:15PMBURKE,TIMOTHYtirnothy.buke@asrcenergy.comSent9/22120111:15PMDuggirs,Simssims.duggins@aeconi.comSent9/22(20111:15PMEDwARDS,ALICEake.edwards@alaska.govSent9/22/20111:15PMFowler,Paulapaiajowler@ebiendorF.ai.mlSent9/22/20111:15PMGraham,Danieldan@pecrimcoal.comSent9/22/20111:15PMLekard,Jolerie$dcanof.itdxpower.comSent9/22/20111:15PMLIM)SEY,Oc1STOPItRcbidseyi*cvcatig.ccaSect9(22/20111:15PMMccajsland,I-leatherheather.rriccaus1and@yehoo.comSent9/2420111:15PMMenefee,Chrischarles.rnenefee@lteclccomSent9/22(20111:15PMt’n,Tra.istravs.iror43nwshcreeI*.ccwnSent9/2420111:15PMrrweai.O,DEN1áie,oi*)awareconsftg.netSect9/22/20111:15PMRthcreek,JerwterirlchcreekLl’kodiak.coopSent9/22/20111:15PMRiste,Alanaariste@slrccnsukflg.comSent9/22/20111:15PMRobert’,Robertrrober24@csc,cornSect9(22/20111:15PMRyan,Salysahy.ryai@cardno.comSent9/22/2011115PMSARAN,IP$1PERjsaran@ihecb-mhng.comSent9/22(20111:15PMSchuler,Alanalan.schder@alaska.govSent9(22/20111:15PMSMITH,RECCArebecca.sn-ithalaska.govSent9/22/20111:15PMSpano,Marknwkspaio@’a.u.bzSat9/22/20111:15PM9raç,ES,eAi.straig@boss.comSect9(22/20111:15PMringham,Katherinekatherine.sbinqham@us.af.mlSect9/22/20111:15PMTrbovich,Planatrbovich@sfrcamAng.comSect9/22/20111:15PMWarer.Mauiytt.wdnm,darrSent912212011t:15PM4JTitle/SubjectAdoptionUpdatesandTitleV5tanderdApplicationTypeGeneralInformation:IndustrialandStationarySourceIs5tattd,t2Mad(0)Emad(20)TwttnSUPPLEMENL4LNOTICEOFPUBLICCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARtMENTOFENVIRONNENTALCONSERVATIONREGULATIONSTheDepartmentofEnvironmentalConservation(DEC).proposestoadoptregulationchangesinTitle18,Chapter50oftheAlaskaAdministrativeCodedealingwithAirQualityControl,includingtheP1EcRocOentsDECWod’g’cqRecóertst4&ne2atusStabsDatealesley,An&eaa&eabiakedey@rps.govSent9/22/20111:15PMBRENA,JEANETTEjeenette.brene@c&dno.cornSent9/22/20111:15PMBLKkbee,Rachelrachel.budcbee@bp.comSent9/22/20111:15PMDuqns,Sin,ssth1s.duqgtisi!aecorn.cornSent9/22/20111:15PMEDWARDS,ALICEdke.edwards@alaska.govFo’Aer,Paulapaula.fowler@eknendorF.aF.nilSent9/22/20111:15PMLekanol,Joleriejlekano@tdxpower.cocnSent9/22/20111:15PMMccausiand,Heatherheather.rnccauslar)d(I)yahoo.coInSent9122/20111:15PMMenefee,Cltlscharles.rnenefee@teck.cornSent9/22/20111:15PMMilion,Travistravls.mlIion@rnarshcreeHk.comSent9/22/20111:15PMNEWBOILD,DENISEthewbould@awareconsdting.netSent9/22/20111:15PMRichcreelc,JenniferichcreeIcJkodiak.coopSent9/22/20111:15PMRiste,Alanaariste@sfrconsuting.comSent9f22/2D111:15PMRoberts,Robertrrober24@)csc.cornSent9/22/20111:15PMRyan,Sallysally.ryar@cardno.comSent9/22/20111:1SPMSARAN,JENNIFERjssai@heda-rnfling.cornSent9122/20111:15PMSpano,Ma1rnerk.spano@lewibizSent9/22/20111:15PMStrang,Emerfristraig@Igmailcon,Sect9/22/20111:15PM,friwn,tathertekatheôw.strilgheIn€Ns.aF.rr4Sent9/22,120111:ISPMTitleSubjectAdoptionUpdatesandTitleVStandardApplicationTypePckhcNotices/ProposedActions:ProposedPermitActionStatusMel(0)Email(23)webTwitter SUPPLEMENTAL NOTICE

OF PUBLIC COMMENT PERIOD

ON PROPOSED C]IANGES

TO ALASKA DERA.RrAWNT

OF EN mONMEITrAL CONSERVAIION REGULATIONS The Department

of Environmental Conservation

(DEC), proposes

to adopt regulation changesIn Title 18, Chapter

50 of the Alaska Administrative

Code dealing

with Air Quality Control, including

thePtbIicRecIpientsDECWorkgroupRecipientsName[mallStatusStatusOatSack,nore,rthelerrdcheIe.blath’e@aiadca.govSet9/22120111:15PMBithcsley,Ancfreaandeablakesley@rps.govSent9/22/20111:15PMBREM,XMCTEjeaite.frena@c&t.ccnSat9/22/20111:15PMBuckbee,Rachelrachel.bucirbee@bp.comSent9/22/20111:15PMOURKE,TIMOTHYtknothy.burke@asrcenergy.comSent9/22/20111:15PMDuggWis,Simssimsduggths@aecorn.comSent9/22/20111:15PMEDWARDS,AlICEalce.edwards@daska.govSent9/22/20111:15PMGriam,Dardeldwi@pxrincoal.coiiSent9/22/20111:15PMLekanof,idenejekxd*thpower.ccnSort9/22/20211:15PMLItCS€Y,CFMISTOPHEPcIndse€sfrconsukflg.cotnSat9/22/20111:15PMI5Causla’4Heatherheatle.rnccasla’)ythoo.comSat9/22/20111:15PMMenelee,C1wischarles.meneFeeteck.comSent9/22/20111:15PMNEWBOLt0DENISEdnewbould@awareconsultlng.netSent9/22/20111:15PMNIPATARUEDI,NATTINEEnatt[ee.ri(ataruedi@’alaska.govSent9/22/20111:15PMRichcreek,)erniFerjrlchcreek@koiak.coopSent9/22/20111:15PMRiste,Alanaarte@sIrconsuRngcomSent9/22120111:15PMRoberts,Rthatrrther24€ksc.cotnSat9/22/20111:15PMRyan,SaL’saly.ryan@caitio.comSent9/22/20111:15PMSchier,Alanalan.sctaier@alka.govSent9/22)20111:15PM9.11Th,REBECCArtheczasrCt@alaskagovSet9j22/2011L:t5PMStriçham,Katherinekatherfrle.crin$bam@us.aEdftlSent9/22/20111:15PMTrbovich,Alanatrbovictesbconsulting.cornSent9/22/20111:15PMSTATEOFALASKA)FIRSTJUDICIALDISTRICT))AFFIDAVITOFSUPPLEMENTALNOTICEOFPROPOSEDADOPTIONOFREGULATIONSANDFURNISHINGOFADDITIONALINFORMATIONI,RebeccaTysonSmith,EnvironmentalProgramSpecialist,oftheDepartmentofEnvironmentalConservation,beingsworn,statethefollowing:AsrequiredbyAS44.62.190,noticeoftheproposedadoptionofchangesto18AAC50,AirQualityControl,updatingadoptionbyreferencedatesoffederalrules;adoptingafederalrulepartandnewsubparts;repealingordeletingobsoletelanguage;addinglanguagetoadoptandrequireTitleVstandardapplicationforms;clarifyingmodelingrequirements;clariringrequirementsforownerrequestedlimits;andadoptingclarificationstoexistingregulationstocorrectwording,tocorrectcross-references,andresolveinternalregulationconflictshasbeengivenbybeing:(1)publishedinanewspaperortradepublication;(2)furnishedtointerestedpersonsasshownontheattachedlists;(3)furnishedtoappropriatestateofficials;(4)furnishedtotheDepartmentofLaw,alongwithacopyoftheproposedregulations;(5)electronicallytransmittedtoincumbentStateofAlaskalegislators;(6)furnishedtotheLegislativeAffairsAgency,LegislativeLegalandResearchServices;(7)postedontheAlaskaOnlinePublicNoticeSystemasrequiredbyAS44.62.175(aXl)and(b)and44.62.190(a)(1);(8)furnishedelectronically,alongwithacopyoftheproposedregulations,totheLegislativeAffairsAgency,thechairsoftheResourcesCommitteesoftheAlaskaSenateandHouseofRepresentatives,theAdministrativeRegulationReviewCommittee,andthelegislativecouncil.AsrequiredbyAS44.62.190(d),additionalregulationsnoticeinformationregardingtheproposedadoptionoftheregulationchangesdescribedabovehasbeenfurnishedtointerestedpersonsasshownontheattachedlistsandthosein(5)and(6)ofthelistabove.TheadditionalregulationsnoticeinformationalsohasbeenpostedontheAlaskaOnlinePublicNoticeSystem._

/7____Juneau,Alaska1RebeccaTysonSM6,EnvironmentalProgramSpecialistSUBSCRIBEDANDSWORNTObeforemethi5Z3’dayof,2Oii 7L4 E/a%v[NOTARYSEAL]STATEOFALASKAOFFiCIALSEALCassidyY.Kearney\•Qi‘NOTARYPUBLIC‘Q7MyCommissionExpiresWithOffice.NotaryPublicMatcdfbrtheIStateofAlaskaMycommissionexpires:(Aii’7’ X#ceDATE:TtlejSthjectAdoptionl4idateswdTtleVSt&idadApplicationTypePttitNotices/ProposedActions:RegulationsStatusMalI(0)Emal(30)WebTwtter SUPPLEMENTALPtAlcRacientsD€CWot*qotpRec(iectsManicEmaaStatusStatusDateaausrna’i,Nyreerta&wnan€’*consAiogccniSect9/22120111:15PMBiarksnore,lcheIernicheUe.blaclcsnore@aIaska.govSent9/22/20111:15PMakesIey,Andreaaxkea_blakesiey@nps.govSect9/22/20111:15PMSloecher,Patrickpabbecher@anthc.orgSent9/22/20111:15PMBRENA,XAJ’JETTEjeanette.brena@cardno.comSent9/22/20111:15PMBuclcbee,Rachelrachel.buckbee)bpco.nSent9/22/20111:15PMBLRKE,TItKITF-rYtwnothy.burketwasrcenergyco.nSat9/22/20111:15PMDuw-Is,Sknsns.&.jgiis@aecom.ccnSect9/22/20111:15PMEDWARDS,AUCEake.edwsds@alaska.govSent9/22/20111:15PMFowler,PadapaAaFowa@efrnendorf.af.irSect9/22/20111:15PMGraham,Danielden@pacrticoal.comSert9(22/20t11:15PMLekard,Jolenejlelcanol@tdxpower.comSent9/22/20111:15PMLINDSEY,CHRISTOPHERchdsey@slrconsjiting.comSent9/22/20111:15PMMcCausland,Heatherheather.mccausland@yahoo.comSent9/22/20111:15PMMeneFee,Chrischerles,meriefee,)teck.comSent9/22/20111:15PMMilion,Travistravis,mliion1marshcreekllc,comSent9/22/20111:15PMLWBC(1D,E)€N&&ievd@ewaecctmAkg.netSect9/22/20111:15PMRldxreek,Jersterictxreel*oflaLcoopSent9/22/20111:15PMRAge,Alanaariste@sfrconsd&sg.ccinSect9/22/20111:15PMRoberts,Robertrrober24@csc.comSect9/22/20111:15PMRyan,5alysalyryan@cardno,cnSent9/22/20111:15PMSARAN,JENNIFERjsaran@heda.nflng.comSent9/2420111:15PMSchuler,Alanaian.scWer@ialaslca.govSent9/22/20111:15PMSMITH,RE8ECCArebecca.smith@alaska.govSent9/22/20111:15PMSpano,Markmark.spano@awwu.bzSent9/22/20111:15PMStrang,Erinerin.strang@hnross.comSent9/22/20111:15PMStrli9ian,Kad,eittktefre.stffiwn@usd.niSat9/22/20111:15PMIrbovich,Alanatrbovich@sfrcons.Akiq.comSect9/22/20111:15PMWaI’n.Marti,wtt.waierec,mdarnSect9122120111:15PM‘Te/&biectMcpticnUpdatesandTMeVStanddAppkationTypeGuwdIriorinatlon:In&stridandatbnsySauteIsMail(0)Email(20)TwitterSUPPLEMENTALNOTICE01?PUBLICCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVffiONMENTALCONSERVATIONREGULATIONSTheDepartnentofEnvironmentalConservation(DEC),proposestoadoptregulationchangesinTitle18,Chapter50oftheAlaskaAdministrativeCodedealingwithAirQaalityControl,includingtheP.±kRecñeMsDECWorfrqaRecpeitsNameEmadStatusStatusDateBlakesley,Andreaan&ea_blakesley@rps.govSert9/22/20111:ISPM8RENA,JEANETTEjeanette.brena@cardno.com5ent9122/20111:15PMBuckbee,Rachelrachej.buckbee@ibp.cc.iiSent9/22/20111:15PMDuggw,SmssIms.óigns@aecom.comSent9/22/20111:15PMEDWARDS,ALICEaNce.edward9&alaska,govFowler.Padapaulaiowbr@elrnendoff.aI.rrilSent9/22/20111:15PM1ekano,Jdenejlekard@tdxpower.conSent9(22/2011LiSPMMcCa.4and,Headsbeau,mccaidend@’ythx.cornSat9/22/20111:15PMrienefee,OTIScbaries.rnenefee@teck.ccinSent9122120111:15PMMilIon,TravIstravis.nIion@marshaee&ccwnSent9/22/20111:15PMEW9OttO,COfl&lewbo.Ad@awMeconsLti’,g.netSat9/22/20111:15PMRidxreek,)err*erfrkhaeeI4akcoopSect9(22/20111:15PMRiste,Alanaae@slrconsttlnq.comSent9/22/20111:ISPMRoberts,Robertrrther24@csc.comSent9/22/20111:15PMRyan,Sallysally.ryen©cardno.ccmSent9/22/20111:15PMSARAN,JENNIFERjsaran@hecb-rnInfr’ig.conSent9/22/20111:15PMSpano,Markmslcspano@awwu.bizSent9/22/20111:15PMStrang,Erinerflstrang@gmal.comSent9/22/20111:15PMStri.4ia.n,Ktiertekfre.strind’iain€’us.af.wdSent9122120111:15PMTtIe/S&tjedAciopkkmUpdatesandTtieVstand&dAcdcationTypeP.tIcNotices/ProposedActions:ProposedPointAction9at,satedHal(0)Ejyd(23)WebTwtterSUPPLDIENt\LANOTICEOFPUBLICCOMMENTPERIODONPROPOSEDCIL4.NGESTOALASKADEPARTMENTOFFNVmOIqMENTALCONSERVATIONREGULATIONSTheDepartmentofEnvironmentalConservation(DBC),proposestoadoptregulationchangesinTitle18,Chapter50oftheAlaskaAdministrativeCodedealingwithAirQualityControl,includingthePtt&c.Replent,DECworkgroupRedpdentsNameEmailStatusStatusDateBlackniore,Mchelemlchelle.blaclqnore@alaska.govSent9/22/20111:15PMOlakesley,Ari&eaancfrea_Uakesley@nps.govSent9122120111:15PMBRENA,XANETTEjeanette.ena@car&bo.cG11Sent9/22/20111:15PMBuclchee,Rachelrachel.buclcbee@bp.comSent9/22/20111:15PMBuRKE,TIMOTHYtimothy.burke@asrcenergy.comSent9/22/20111:15PMDughs,Simsslms.dugø,s@)aecom.comSent9/22/20111:15PMEDWARDS,ALICEate.ewardsg’Saska.govSat9/22)20111:15PM(iraiwn,Da-iddw4pacTi,,coelconSat9/22)20111:15PMlekanot,Jolene$anoF@tdxpower.comSent9/22120111:15PMLThDSEV,CFRISTOPI€Rcfridsey@sfrcons*iiv.comSent9/22/20111:15PMMcCausland,Heatherheaher.nxcausbnd@yahoo.comSent9/22/20111:15PMMa,efee,Cl-itchales.menefeeckeclc.canSent9/22/20111:15PMrtWEC*AD,DENISE&ba.id@awareconstfrq.netSat9/22)20111:15PMNIPATPRtIDI,NATIVenatthee.nata’ued@aLadca.govSent9/22/20111:15PMRidxredc,JernterpttxreeI€*oak.coopSat9/22/20111:15PMRiste,Alaneariste@sfrconsultfrig,cornSent9/22/20111:15PMRoberts,Robertrrobcr24@csc.ccmSent9/n/WI11:15PMRyan,SalysaIly.ryancardno.comSent9/22/20111:15PMSchdaAlanalan.schuler@alaska.vovSent9/22120111:15PMSMITH,REBECCArthecca.swih@alaska.govSent9/22)20111:15PMStilnghani,Kathernekatherfle.strflghan@uc.a1.mlSat9/22/20111:15PMTrbovlch,Alanatrbovich@slrconsutng.comSent9/22/20111:15PMNOTICE

OF PUBLIC COMMENT PERIOD

ON PROPOSED CHANGES

TO ALASKA DEPARTMENT

OF ENVIRONMENTAL CONSERVATION REGULATIONS The Department

of Environmental Conservation

(DEC), proposes

to adopt regulation changes

in Title

18. Chapter

50 of the Alaska Administrative

Code dealing

with Air Quality Control, including

the following: • update adoption

by reference

dates

of federal rules adopted

in
18 AAC 50.035

and 18 AAC 50.040. • adopt

a federal

rule part and new subparts

in
18 AAC 50.040. • repeal

or delete obsolete language

in
18 AAC 50.035,

18 AAC 50.040,

18 AAC 50.990,

and

18 AAC 50.990 Editor’s

note. • add language

to adopt
and require
Title

V standard application

forms

in
18 AAC 50.035

and

18 AAC 50.326. • clarify modeling requirements

in
18 AAC 50.2

15. • clarify requirements

for owner requested

limits

in
18 AAC 50.225. • adopt clarifications

to existing regulations

to correct wording,

to correctcrossreferences,

and resolve internal regulation conflicts

in
18 AAC 50.220,

18 AAC 50.302,

18 AAC 50.326,

18 AAC 50.345,

18 AAC 50.400,

and

18 AAC 50.540. You may comment

on the proposed regulation changes, including

the potential

costs

to private persons

of complying

with
the proposed changes,

by submitting written comments

to Rebecca Smith, Environmental

Program Specialist,

Air Permit Program, Alaska Department

of Environmental Conservation,

410 Willoughby

Ave., Suite 303, P.O. Box 111800, Juneau,

AK 99811-1800,

by facsimile

at: (907) 465-5129,

or by e-mail

to the Air Quality Comments
Docket at dec.aq.airdocketa1aska.gov.

Comments

must

be received

by 5:00 p.m.,

on September

30, 2011. Comments received

after this date will not
be considered

in final action

on these rules, Oral

or written comments

also may

be submitted

at

a hearing

to be held

on September

28, 2011, at the Department

of Environmental Conservation Building,

619

E. Ship Creek.

Ste. 249. Anchorage.

.\K 99501.

The hearing

will

he held from 2:00— 3:30 p.m. and might

be extended

to accommodate

those present before
3:00 p.m.‘ ho did not have

an opportunity

to comment. There

will

he

a call—in number

if you are not able

to attend

the meeting

in person.

The call—in number

‘.il1

be 1-800-315-6338,

and the Meet

Me Code
will

be 8123#. If you
are

a person
with

a disability

who needs

a special accommodation

in order

to participate

in this public process. please contact 1)ehorah

Pock

at (907) 269—0291

or 11)1) Rela
Ser
ice

I— 600—770—8973

1 IV

or dial 711

no later than September

1 9. 2011

to ensure

that any necessary accommodations

can

be provided. For

a cops

of the proposed reuulation changes. contact Rebecca Smith.

ir Permit Program. \laska

I )epartment

of

I n ironmental Conservation.

410 Willoughby

.\‘. e.. Suite 303. P.O. 13o\ I II 600. Juneau.

AK 98 11—I 800:

h phone

at (907) 465—5121:

b facsimile

at (907) 465—5

I 29: or go

to hit 1 ’: ww .dc.state.ak.us

air regulati.htm.

[he proposed regulations

and

a Department

1- xplanation

of the Proposed Uhanges document

are available

from

the DEC

:\irQuality

web site

at https://myalaska.state.ak.us/dec/air/airtoolsWeb/PublicPermitListings.aspx and

at http ://dec .alaska.gov/air/ap/regulati.htm After

the public comment period
ends

on September

30, 2011, DEC will either adopt these

or other provisions dealing

with
the same subject, without further notice,

or decide

to take

no action on them.

The language

of the final regulations

may

be different

from that

of the proposed regulations.

YOU SHOULD COMMENT DURING

THE TIME ALLOWED

IF YOUR INTERESTS
COULD

BE AFFECTED.

Written comments received

are public records

and are subject

to public inspection. Statutory Authority:

AS 46.03.710,

AS 46.14.010,

AS 46.14.020.

AS 46.14.030 Statutes Being Implemented, Interpreted,

or Made Specific:

AS 46.14.010,

AS 46,14.020, AS 46.14.030,

AS 46.14.120,

AS 46.14.140 Fiscal Information:

The proposed regulation changes

are not expected

to require

an increased appropriation. Dated: August

25, 2011

Larry Hartig, Commissioner Anchorage,
AlaskaADDITIONAL REGULATIONS

NOTICE INFORMATION (AS 44.62.190(d)) Adopting agency: Department

of Environmental Conservation 2. General subject

of regulation: ADOPTION

BY REFERENCE UPDATES ADOPT NEW REGULATIONS:
CORRECT

AND CLARIFY REGULATIONS. 3. Citation

of regulation

(may

be grouped):

18 AAC 50.035,

18 AAC 50.040,

18 AAC 50.215,

18 AAC 50.220,

18 AAC 50.225,

18 AAC 50.302,

18 AAC 50.326,

18 AAC 50.345,

18 AAC 50.400,

18 AAC 50.540,

and

18 AAC 50.990 4. Reason

for the proposed action: (x) compliance

with federal

law (

) compliance

with new

or changed

state statute (

) compliance

with federal court order (x) development

of program standards (

)

other: 5. Program category

and BRU affected:

Air Permits Program,

Air Quality 6.
Cost

of implementation

to the state agency

and available fimding

(in thousands

of dollars)

Initial Year Subsequent FY2012

Years Cost

$0_

$0_ General

fund

$ 0_

$ 0_ Federal funds

$
0

$
0 Other funds (specify)

$ 0_

$ 0_ 7.

The name

of the contact person

for the regulations: Name
Rebecca Tyson Smith Title Environmental

Program Specialist Address

410 Willoughby

Ave.,

Ste. 303 P.O. Box 111800 Juneau,

AK 99811-1800 Telephone

(907) 465-5121 E-mail address rebecca.smith(,alaska.gov 8.

The origin

of the proposed action: x

staff

of state agency x
federal government general public petition

for regulation change other (please

list) 9. Date: August

25, 2011

Prepared

by: __________________________ Name: Rebecca Tyson Smith Title: Environmental

Program Specialist Telephone:

(907) 4655

121STOFI1OI#931852$730.40AFFIDAVITOFPUBLICATIONSTATEOFALASKATHIRDJUDICIALDISTRICTShaneDrewbeingfirstdulyswornonoathdeposesandsaysthathe/sheisarepresentativeoftheAnchorageDailyNews,adailynewspaper.ThatsaidnewspaperhasbeenapprovedbytheThirdJudicialCourt,Anchorage,Alaska,anditnowandhasbeenpublishedintheEnglishlanguagecontinuallyasadailynewspaperinAnchorage,Alaska,anditisnowandduringallsaidtimewasprintedinanofficemaintainedattheaforesaidplaceofpublicationofsaidnewspaper.Thattheannexedisacopyofanadvertisementasitwaspublishedinregularissues(andnotinsupplementalform)ofsaidnewspaperonAugust29,&30,2011andthatsuchnewspaperwasregularlydistributedtoitssubscribersduringallofsaidperiod.Thatthefullamountofthefeechargedfortheforegoingpublicationisnotinexcessoftheratechargedprivateindividuals.Signed3Anpu’vt4J_rSubscribedandsworntobeforeNOTICEOPPUBLICCOMMENTPERIODONPROPOSEDCHhNGESTOAASXDEPARfl0OCONSERVATIONREGULATIONSTheDepartmentofEnvironmentalconservation(DEC)proposestoadoptregulationchangesinTitleIs,chapterSoottheAlaskaAdministrativecodedealingwithAirQualitycontrol,includingthefollowlngupdateadoptionbyreferencedatesoffederalrulesadoptedin18MC50.035andlBAACS0.040adoptafederalrulepartandnewsubpartsIn18MC50.040.repealordeleteobsoletelanguagein18MC50.035.iaMC50.040,18MC50.990.and18MC50.990Editor’Snote.addlanguagetoadoptandrequireTitleVstandardapplicationformsfnISMC50.035and18MC50.326.clarifymodelingrequirementsInISAAC50.215.clarifyrequIrementsforownerrequestedblilsm18MC5.fl5.adoclarificationstoe,dstklgregidadonstoreCtvMfltocorrectaosS.(eferencaandresolvehaaTwIregulationconflictsfrIISMC50.220.18MC50.302,18MC50.326.18MC50.345.iaMC50.400and18MG50.5.youmaycommentontheproposedregulationchanges,IncludingthepotentialcoststoprIvatepetsO(S&crfll)€withtheproposeddiflCSbysubmittingwrIttencommentstoRebeccaSmith.EnvironmentalProgramSpecialist.AIrPermItProgram.AlaskaDepartmentofEnvironmentalConwatI0n.410willOughbyAve.,Stite303P.O.Box111800.j,neau.M99811-1800,bytdieat(907)465-5129.orbye-mailtotheAIrQualItyConvnentsDodetatdec.aq.alrdccketoalaslcaWJ.commentsmustbereceivedby5:00p.m.,onSeptember80.2011.ConimentsreceivedafterOilsdatewillnotbeconsideredInfInalactionontheseniaOralorwrittencommentsalsomaybesubmIttedatahearingtObeheldonSeptember28,2011,attheDepartmentofEnvironmentalConservationeulldin619E.StCsaelc,Ste.249,Anchorage,AX9950-ThehearIngwIlbeheldfrom2:00-310p.m-andmightbeextendedtOaccommodatethosepresentbefore3:00p.m.whodidnothaveanopportulitytocommentThere.61beacall-InnumberItyouarenotabletOattendthemeetinginperson.Thecal-WInwnbarwillbe1400-3154338.andHueM8tMeCOdevielbeSl2st.ityou-areapersonwithadisabIlItywhoneedsaspedalaccommodationhiordertopartlcatahithispublicprocess.pleasecontactDeborahpockat(907)269-0291orTDDRelayServicei-BO077o897VIflordial711nolaterthanSe9nwganvrenForacopyoftheproposedrefulallollchanges,wflctItebeccaStiith.AkpermItProgram.AlaskaDepartmentofEnvironmentalConsenatlon.410WilloughbyAve.,Suite303.P.O.Box111500,naJ,M(99t1I-1byrAlciieaU907)465-5121;byfacsimileat(907)465-5129;orgotolieproposedregulationsandaoepartlTlerltExplanationoftheProposedchangesdocumentareavailablefromtheDECAIrQualitywebsiteatlit1sflmyaiaslca.5tate.ai<.u5Macrn0dlsw8tlbllcPermltLIstlnRsasP)andatAfterfliepubIccommentperlödendsonSeptember30,2011,DECwilleitheradopttheseorotherprovisionsdeallnawiththesamesubject,withoutlurtliernotice,ordecidetotakenoactiononthem.Thelanguageofthefinalregulationsmaybedifferentfromthatoftheproposedregulations,youSHOULDCOMMENTDURINGThETIMEALLOWEDIFYOURINTERESTSCOULOBEAFFECTED.WrittencommentsreceivedarepublicrecordsandaresubjecttOpublicinspection.5atoiyAuthOrltyAS46.03.710.AS46.14.010.AS46.14.020,AS46.14.030StatutesBeingImplemented.Interpreted.orMadeSpecific:AS46.14.010*S46.14.020,AS46.14.030,AS46.14.120,AS46.14.140FiscalInformation:TheproposedregulationchangesarenotexpectedtorequIreanIncreasedappropriation.Dated:August25,2011Anchorage,Alaska/5/LarlyHartig.Commissionermethis?’dayoi2011NolaryPublicinandforTheSlateofAlaska.ThirdDivisionAnchorage,AlaskaMYCOMMISSIONEXPIRES6’/t7°/CAo.33-50l7l2publIshed:August29&30,20119/26/2011AnchorageDailyNewsAffidavitofPublication1001NorthwayDrive,Anchorage,AK99508APIDAThLEICEOTHERACCOUNTPERDAYCHARGESOTHEROTHERGRANDCHARGES#2CHARGES#3TOTAL93855409/22/201109/23/2011STOFIIOI$378.48STOFIIOI$378.48$756.96STATEOFALASKATHIRDJUDICIALDIST1UCShaneDrew,beingfirstdulyswornonoathdeposesandsaysthatheisanadvertisingrepresentativeoftheAnchorageDailyNews,adailynewspaper.ThatsaidnewspaperhasbeenapprovedbytheThirdJudicialCourt1Anchorage,Alaska,anditnowandhasbeenpublishedintheEnglishlanguagecontinuallyasadailynewspaperinAnchorage,Alaska,anditisnowandduringallsaidtimewasprintedinanofficemaintainedattheaforesaidplaceofpublicationofsaidnewspaper.Thattheannexedisacopyofanadvertisementasitwaspublishedinregularissues(andnotinsupplementalform)ofsaidnewspaperontheabovedatesandthatsuchnewspaperwasregularlydistributedtoitssubscribersduringallofMidperiod.Thatthefullamountofthefeechargedfortheforegoingpublicationisnotinexcessoftheratechargedprivateindividuals.Signed<1A_&..&....E&flttu—Subscribedandsworntomebeforethisdate: /1 (CNotaryPublicinandfortheStateofAlaska.ThirdDivision.Anchorage,AlaskaMYCOMMISSIONEXPIRES: 67/r/

/ T UCJ
04 2011$0.00$0.00$0.00$756.961’ RECEIVED ADEC

AQ1001 Nonhway
Dnve, Anchorage,

AK 99508 tRE
amt £2 ACCOUNT

PER DAY CHARGES

WPPLEI4Ep(rsL NO’1142

OP PIJflu cOMMnlr P10D

ON PUopo tSZfGa5flj ALISJC.A OOARTheppj

op ENVTRONMENrp_ CONSERVATION REGIJL&flONs The Department

of Environmental Conservation (DEC) propo

Os
to adopt regulation changes

in Title is. chapter

soot

the Alaska Admlnistrafive

Code dealing

with
Air Quality Control, Including

the following: 15)date adoption

by reference

dates

of federal rides adopted

In 18 MC 50.035

and

is MC 50.040. adopt

a federal

rule part and new siabparl,s

In 18 Mt 50.040, repeal

or delete obsolete language

in 18 MC 50.035.

ia MC 50.040,

15 MC 50.990,

and

18 MC 50.990 Editors
note. add language

to adopt

and require

Title

V standard application

tonI, 3

in 18 Mc 50.035 and

18 MC 50.326. clarify modeling requirements

In
18 AAC 50.215. clarify requlrerne 115

for owner requested i’m lila Mc 50.225. adopt clarifications

to existing regulations

to correct Wordi,m,

to Correct cross-referec,r arid resolve Internal regulation conflicts

in 18 MC

SO 220.

18 MC 50.302,

18 MC 50.326, 18 Mc 50.345,

18 MC 50.400

and

is MC 50.540, This Supplemental

public notice

is being issued

to extend

the deadline

for the end

of the puii comment period. You may comment

on the proposed regulation Changes. including

tile potential

costs

to private pwsc.s

of corrpyjng

Mtft
the proposed changes,

by submitting written comments

to Rebecca
Smith Environmentai

Program Specialist,

Air Permit Program. Alaska Department

of Environme,,tal Cofiserveffo,,

410 WIlloughby

Ave., suite
303 P.O Box iiigoo, Juneau,

.4i( 998 I1-laoo

by facsjmlie

at (907) 465.5129.

or by e-mail

to the Air Quality comment.s
Docket

at dec.aq.airdocketoaia 5 g Comments

must

be received

by s,oo p.m.,

on October

17. 2011. Comments received

after
this date will not
be considered

in final action

on these rules. Oral

or teritten co.,vnents

also may

be sitniOted

at a hearing

to be held

on September

28, 2011,

at the Department

of ErIvjsoq,ne,, Consentaijnj,
BuildIng 619

E. Ship Creek.

Ste. 249, Anchorage

*x 99501 The hearing

will

be held from 2:00. 3:30 p.m. and might

be extended

to accommodate

those present Dettire
3:00 p.m. who did.not
have

an opportunity

to comment

There

wiu
be

a call-in number

if you are nOt able

to attend

the meeting

In person.

The call-in number

will
be 1.800.315.6333

and the Meet

Me Code

will be 81232. if you area person

with

a disability

who needs

a weclaI acw.mnoja

In a

to participete

In dis public process please contact Deborah

Pock

at (907)

269 0291

or TOO Relay Service 1 - 800 -770a9731n-y

or dial 711

no later than Septeweç

26, 2011,

to emse

that any necessary acconln-Iodeucns

can
be provfded. For

a copy

of the proposed regulation changes contact Rebecca Smith.

Air Permit Program, Alaska Department

of Environmental conservatIon

410 Willoughby

Ave., Suite 303, P.O. aox 111800, Juneau,

*J( 99811-1800 bvphone

at (907)465.5121 by facsimile

at (907) 465-5129;

or go

to The proposed rjlatlons

and

a Onlerlmecit Exøanatio 1 , of the Proposed Changes docrent

are available from

tile OEc
Air Quality

web site

at htP&llmta*asta4eatu5,deEJE,art,,, blicPermitilstingsaspx

and

at After

the public comment period ends

on October 17, 2011,
DEC will either adopt these

or other provisions dealing

with
the same subject without further notice,01’ decIde

to take

no action

on them The language

of the final reguiai 5

may

be differenflrom

that

of the proposed regulatj 5 SHOtJLCr COMMENT DURING

DIE TiNt ALLOWED

F YOUR INTERESTS
COULD

BE AFFEcTED
Written comments received

are public records

and are si4ect

to pitt inspection 46.03.710*546.14010

AS .M. 14.020. *546.14.030 Statutea Seine Impirateiga, interpreted,

or Made SpedfleAs 46.14,01o,

AS 46.14,020

AS 46.14.030, AS 46.14120,

AS 46.14.140 Final Ilifermaden.

The proposed regulation changes

are not expected

to require

an increased appropriation

Dated: Seplenlber 20,2011 JUneau, Alaska AO-33.50Th12 Pu&shed September22

& 23,2011 OTHER

OThER

GRAND CHARGES

42 CHARGES

#3 TOTAL $0.00

$0.00

$756.96 API______ 938554 09/22/2011

STOPIIOI

$378.48 09/23/2011

STOflIOl

$378.48 3756.96

50.00 STATE

OF ALASKA THIRD JUDICIAL DISTRICT Shane Drew, being
first duly sworn

on oath deposes

and says that he

is an advertising representative

of the Anchorage

Daily News, a daily newspaper. That said newspaper

has been approved

by the Third Judicial Court, Anchorage,
Alaska,

and

it now and has been published

in the English language continually

as

a daily newspaper

in Anchorage,
Alaska,

and

it is now and during

ali said time was printed

in an office maintained

at the aforesaid

place

of publication

of said newspaper.

That
the annexed

is

a copy

of an advertisement

as

it was published

in regular issues (and not

in supplemental

form)

of said newspaper

on the above dates
and that such newspaper

was regularly distributed

to its subscribers during

all of said period.
That

the full amount

of the fee charged for the foregoing publication

is not

in excess

of the rate charged private individuals. Signed<{A_&.n,._.Zèt-t.r-- Subscribed

and sworn

to me before

this date: 7/nt

i/ Notary Public

in and
for the State

of Alaska. Third Division. Anchorage,
Alaska MY COMMISSION
EXPIRES:“c//cRECEIVED OW
04 2011 ADEC

AQG3V1333RItOtuo’,Oi)30AAFFIDAVIT0PUB405439NOTiCEOFPUBUCCOMMENTPERIODONPROPOSEDCHANGESTODEPARTMEPCrOFENVIRONMENTALCONSERVATIONREGULATIONSTh.DepartmentofEnvironmentalConsen.atkn(DEC)prposestoadoptregulationctwigesInTitle18.Chapter50oftheAlaskaA&nh,lstratlveCodedesn9WtthAkdlQualityControl.‘1dn9theblow‘tpdateadoptionbyreferencedatesofqfederalrulesadoptedIn18FAG50.035and18FAG50.040.rwloethnP4o:changesbySubmittngwrIttencornIITlentatoRebeccaSmith.Envfronrnsn.ProgramSpeJ.jistAirPermItrograzn.dlAJaskaDepartmentolLEnvlronment.ajConSalVatIon.410WIlloughbyAve.,Suite303,P0.Box111800.Junea_u,AX00811-1500.bylaosfllieat:(0044e5-51,abye-mailtotheAkQuayCommentsDocketatdec.aq.airdocket@aJaakagoConvnenterrtlstbereceivedbyCATIONNotaryPu6inandfortheStateAlaska.MycommissionexpiresGfJ4tb?UNITEDSTATESOFAMERICASTATEOFALASKAFOURTHDISTRICT55.Beforeme.theunprsigne,notarypublic,thisdaypersonallyappeared-flaThip.,ê1)212,who,beingfirstdulysworn,accordingtolaw,saysthathe/sheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperU)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitftomtheUnitedStatesPostalService,(v)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):tiiawpd6;33c6tYé/&andthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts.dX4t1L‘th4WAVJSubscribedandsworntobeforemeonthis3Odayof.,2014I405439NoticEorrusticCOMMENTPERIODONPROPOSEDCHANGESTOALASKADEPAR1MENTOFENVIRONMENTALGONSERVAflONREGULATIONSTheDepartmentofEnvironmentalConser,atlon(DEC),proposestoadoptregulationchangesInTitle18,Chapter50oftheAlaskaAdministrativeCodedealingwithAirQualityControl.Includingthefollow.t’updateadoptionbyreferencedatesoffederalniesedoptedinISAAC50.035andIsAAC50.040.•adoptafedernilepertandnewsubpartsIn18PAC50.040.•repealordeleteobsoletelanguegein18AAC50.035,18MC50.040.18AAC50.990.and18PAC50.990Editorsnote.-addlanguagetoadoptandrequIreTitleVstandardapplIcationformsIn18AAC50.085and18FAG50.326.•clarifymodelingrequirementsm18FAG50215.claWyrequlrernentsforownerrequestedlimitsIn18AkC50225.•adoptclarificationstoexistingregulaSonstocorrectwordli-ig,toCorrectcross- IreferencesandresoNeInternalregu.lotionconflIctsIn18AkC50.220..%isAAC50.302.“18FAG50$26,ISAAC50.345,iSAAC50.400,and18AAC50540.YoumaycommentOnfileproposedregulatlonchanges.IncludingthepotenSalCostatoprivatepo,onaofcompJylngwit!.thefroposedchanges,bysttmlttingwrittencornmaniatoRebeccaSmith.En’.IronlnentaiProgramSpecialIst.AkPermitProgram.AjoalcaDapartmeTltOfEnvironmentalConservatIon.410WilloughbyAve..SuIte303,P0.Box111800.Juneau.AK99811-1800,byfacsimileat:(907)465-5129.orbye-mailtotheAirQualItyCornmen?Docketat

UI-”-•.‘1,X ¶

)zj

•\ A FIDAVIT

OF PUB UNITED STATES

OF AMERICA STATE

OF ALASKA FOURTh DISTRICT

}Ss.

CATION Before

me, the unjçrsigne4

notary public,

this day personally appeared flm)/PffeefR2<)

.who, being first duly sworn, according

to law, says that he/she

is an Advertising

Clerk

of the Fairbanks

Daily News-Miner,

a newspaper

(ii published

in newspaper
format.

(ii) distributed

daily more than

50 weeks

per year,

(iii) with a total circulation

of more than
500 and more than
10% of the population

of the Fourth Judicial District,

(iv) holding

a second
class mailing permit from
the United States Postal Service,

Iv) not published primarily

to distribute advertising,

and

(vi) not intended

for

a particular professional

or occupational

group.

The advertisement

which

is attached

is

a true copy

of the advertisement published

in said paper

on the following day(s): d/JG9.Z7/ 4 Sd 1o-33-Jo/e

-/2 and that the rate charged thereon

is not excess

of the rate charged private individuals,

with

the usual discounts. dX1iL th 4 za,c Subscribed

and sworn

to before

me
on this3O

day of_____

4I—‘- Notary Pu’EiIc

in and for the State Alaska. My commission

expires (k/J/7/_/,TIONBeforeme,theun4prsigne,notarypublic,thisdaypersonallyappeared.flO7iiP.,éfY20,who,beingfirstdulysworn,accordingtolaw,saysthathelsheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaperU)publishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpennitfromtheUnitedStatesPostalService,(v)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s): 4wgG9

297/__________comment‘%—‘i‘30.2011.DECwilleitheradopttheseorJotherproviSI0fldeal’‘tiIngwiththesame—subject,withoutturthernotice.ordecidetotakenoacilononthan’.ThenguageofthefIJe9L4s’tonsmaybodWerSfltIron’that0thep4posedregutaUQI’5YOUSHOULDC0MMEN’I’DURINGTHETiMEALLOWEDIFYOURINTERESTSCOULDBEAPEEG”ED.Wrlttmentsrecalvedale—_awsresubjecttopublicinspectionStatidolypa,thorItYAS46.OS.7.AS4614010.AS46.14.020.AS45.14.080Beingandthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts. dXQkL Wjt27e7,WiSubscribedandsworntobeforemeonthis3Oday.20/!I—‘--NotaryPu’EiIcinandfortheStateAlaska.of

4Mycommissionexpires GfJ-Ot&?

&}1/23 aI(JzAv Li

‘3•bA AFFIDAVIT

OFOFAMERICAIASKATRICTBUCPlODEDOFALNS90LI.at

6’ 16<33ó6/e4

-/254338.andtheMeetMeewilibe0123#.Ifyouareapersonwithadisabilitywhoneeds8specialaccommodationinordertoparticipateinthispublicprocess,pleasecontactDeborahPockat(907)269-0291orltDRelayServIce1-800-UNI770-8973/flyordial711nolaterthanSeptemberia,2011,toensurethatanynecessaryaccommodationscanboprovided.Foracopyoftheproposedregulationchanges,contactRebeccaSmith,AirPermitProgram.AlaskaDepartment01EnvironmentaiConservation,410WilloughbyAve.,Suitesea,RD.Box111800,Juneau,AK99811-1800;byphoneat(907)465-5121:byfacsimileatU(907)465-5129;orgotohttn://www,decstuta&cUSf5kJn9reOtifltLhftnTheProposedregulation,CLandaDepanmenExplanatooftheOProposedChangesdocumentareavail-ablefrohitheDECAirQualitywebsIteat1tOWJ/flwaIaakaaaicLnidec/air,airLISWebWLthMcPa.andatbtoilla__________________CLretNmAfterthepubliccommentperiodendsonSeptember30,2011,DECwilleitheradopttheseorotherprovIsIonsdewingwiththesamesubject,withoutfurthernotice,ordecidetotakenoactiononthem.Thelanguageofthefinalregulationsmaybedifferentfromthat01theproPOsedregulations.YOUSHOULDCOMMENTDURINGTHETIMEALLOWEDIFYOURINTERESTSCOULDSEAFFECTED.Writtencommentsreceivedarepublicrecordsandaresubjecttopublicinspection,StatutoryAulborky,AS46.03.710,AS46.14.010.AS46.14.020.AS46.14,030StatutesBeingimplemented,Interpreted,orMadeSpecific:AS48.14.010.AS48.14.020.AS48.14.030,AS48i4.120,AS46.14.140FiscalInformatien.Theproposedregulationchangesarenotexpectedtorequireanincreasedappropriation,Dated:8/25/11Anchorage.AlaskaBy:LarryHarug,CommIssionerPublish:Aug.29.30.2011(J3V1:3:flDAVIT0PUBCATIONERICA0“-AdOABeforeme,theunjrsigne4)notarypublic,thisdaypersonallyappeared.f5tnh)I/fee/nt2,who,beingfirstdulysworn,accordingtolaw,saysthathe/sheisanAdvertisingClerkoftheFairbanksDailyNews-Miner,anewspaper(iipublishedinnewspaperformat,(ii)distributeddailymorethan50weeksperyear,(iii)withatotalcirculationofmorethan500andmorethan10%ofthepopulationoftheFourthJudicialDistrict,(iv)holdingasecondclassmailingpermitfromtheUnitedStatesPostalService,Cv)notpublishedprimarilytodistributeadvertising,and(vi)notintendedforaparticularprofessionaloroccupationalgroup.Theadvertisementwhichisattachedisatruecopyoftheadvertisementpublishedinsaidpaperonthefollowingday(s):(liiaJsc,aa’/___________2-33-JO/4-J&andthattheratechargedthereonisnotexcessoftheratechargedprivateindividuals,withtheusualdiscounts.F’—,0Pc;SubscribedandsworntobeforemeonthisOdayofdiL4I—s”NotaryPu’EuicinandfortheStateAlaska.Mycommissionexpires.&1/3\
4 4O AFFIDAVIT

OF UBLICAT

ON Subscribed

and sworn

to before

me
on this 2 day of__________

,20_

// Notary Public

in anJo

the State Alaska. My commission

expires KY!/’.fl_,-__, -i/il

.-.% UNITED STATES

OF AMERICA

) STATE

OF ALASKA

)-

SS. FOURTH DISTRICT

.3

Before

me, the undersigneki.

a notary public,

this day_____________

—anaIi

‘ peared

7

I/OP
no, who, being 2 PublIc Notices

2 Pubic Notices

rn, according

to Iw, says that hejshe
isan lerk

of the Fairbanks

Daily News-Miner,

a Wliloughby

Ave.. Suite
303.
P0. Box

Ii) published

in newspaper
format.

(ii) 111800, Juneau.

NC AS46.14.010. 99811.1800,

by fec-

AS 46.14.020.

‘ily more than

50 weeks

per year,

(iii) with simiie

at: (907) 455-

AS 45.14.030. 5129.

or by 0-mali

to A54a14.120.

tion

of more than 500 and more than
10% the Air Quality Corn-

AS 48.14.140 monte Docket

at nacei intonation:

ation

of the Fourth Judicial District,

(iv) decsq.airdockot@

The proposed regula slesk&gov., ond class mailing permit from
the United Comments

must

be expected

to requfre received

by soo
,.

I Service,

Iv) not published primarily

to P.IIIn

Ofl Octobet

17’, prlalIcn.
Ivertising,

and

(vi) not intended

for

a 2011. Comments

Dated: 9/20/11 received

after

this Juneau, Alaska ofessional

or occupational

group.

The date

wui not
be con-

By: Lany Harug. sidered

in finai action Publish: 9/22,9/23/11

it which

is attached

is

a true copy

of the on these rules. Orai

or written corn- advert sement published

in said paper

on the following mont

also may

be day(s): etC milled

at

a hew ing

to be held

on September

28. o1

I attheDepartrnentoHC

V Environmental

Coo-

I) servation Building, or °Pm’6ianc

.L Alaska Department

of

— EnvirOnmentai

Con servatiOn.

410

— WilloughbY

Ave.Suite303.P0.80’_________________________ 111600, Juneau.

A$ 99811.1800

b (901) 465.51

29

or
9’ to proposed reguietlone and

a Departmefl Explanation

01 the Proposed

Chang

es\ document

are avali able from
the DEC

Ak ANV’d c,t •)

V RLt,, SNIN

l • adopt

a federal

ruie part and new sub parts

in

18 AAC 50.040. • repeal

or delete obsolete language

in 18 AAC 50.035.

18 AAC 50.040,

18 APt o.99O.

end

18 Mt 50.990 EditorS
note. • add language

to adopt

and require Title

V etandard
appli catIon forms

in

18 .SAC 50.035

and

18 ASiC 50,325. • ciarity modeiing reqUirerneT

in

18 C 50.215.

-

r d

/‘-‘.1 and that the tq’*iged
thereon

is rate charged priviti’ individuals, discounts.71’?

not excess

of the with

the usual &‘A) tJ\

7 .qo# AFFIDAVIT

OF PUBLICATtON UNITED STATES

OF AMERICA STATE

OF ALASKA

)

SS. FOURTH DISTRICT

1

Before

me, the undersigned,

a notary public,

this day—.....nnalk,‘ peered-;.417<74

//oae7o

,who, being 2 Public Notices

rn, according tolv’,

says that helshe

is an lerk

of the Fairbanks

Daily News-Miner,

a (i) published

in newspaper
format

(ii)AS46.14.010, AS 48.14.020,

iily more than

50 weeks

per year,

(iii) withAS48.14.030, AS 48.14.120,

tion

of more than
500 and more than
10%AS46.14.140 n.c.ikdoniiaflon,

ation

of the Fourth Judicial District,

(iv)Theproposedregula tion changes

are not ond class mailing permit from
the Unitedexpectedtorequire

I Service,

(v) not published primarily

toenincreasedappro priation.
Ivertising,

and

(vi) not intended

for

aDated:9/20/11Juneau.Alaska rofessional

or occupational

group.

TheBy:LarryHartig. Publish: 9/22,9/23/11it which

is attached

is

a true copy

of the advertisement published

in said paper

on the following day(s): 2 Public NoticesWliioughbyAve..Stile303.RD.Box111600.Juneau,AK99811-1600.bytaoaflieat(907)465-5129.orbye-maitotheAirQualityCorn-meritsDocketatdec.aq.alrdocket@aiasicagov.Commentsmustbereceivedby5:00p.m..onOctober17.2011.Commentsreceivedafterthisdatewilinotbeconsideredinfinaiactionontheserules.OraiorwrittencommentsaisomaybesubmittedatahearingtobeheidonSeptember26.0h1.attheDepartmentofEnvlronmontaiConservatlonBoliding.619E.ShipCreek,Ste.249.Anchorage,AX99501.ThehearingwIilbeheldfrom2:00.3:30p.m.anmightbeeflendedtoaccommodatethosepresentbefore3:00p.m.whodidnothaveanopportunitytocomment.TherewlUbeacail-Innumberityouerenotableto-attendthemeetinginperson.Thecal-innumberwlilbe1-800-315-6338.andtheMeetMeCodewiiibe8129*.IfyouareapersonwithadleablKtywhoneedsaspecialaccommodationinordertoparticipateinthispubIcprocess.pleasecontactDeborat.Pockat(907)269-0291orTDDRelayServiceI.600-?70.8973/TTYordial711noiaterthanSeptember26.2011.toensurethatanynecessaryaccommodationscanbeprovided.Foracopyoftheproposedreguiationchanges,contactRebeccaSmith,AirPermitProgram,AlaskaDepartmentotEnvironmentalConaeratIon,410WilloughbyAve..State305.P0.Bo,q11j1800,Juneau,*iq99811-1800;bylphoneat(907)485-]5121;bytacalmie(9077465-6129;ortohttnItW.W,’.dec.statealtreauiatl.htn.ThproposedreguiationaandaDepartmentExplanationoftheProposedChanges

4 2 PublIc Notices408452SUPPLEMENTALNOTICEOFPUBLICCOMMENTPERiODONPROPOSEDCHANGESTOALASKADEPARTMENTOFENVIRONMENTALCONSERVATIONREGULATIONSTheDepastrnentofEnvironmentalConssrvation(DEC).pitpoeeetoadoptregulationchangeeIntUe18.Chapter50oftheAlaskaAdminIstrativeCodedealingwithAirQualityControi,includingthefoiiowing:•updateadoptionbyreferencedatesoffederaln.liesadoptedin18AAC50.035and18.AC50.040.•adoptafederalruiepartandnewsubpartsin18AAC50.040.•repeaiordeieteobsoleteiw-igiagein18AAC50.035.18frAC5ao40.18frAC60.990,and18PAC50.990Editor’snote. -addianguagetoadoptandrequireTitleVstandardappucationformsIn18AAC50.035and18AAC50.226. -ciarifymodeiingInIA %‘-‘I’—‘1‘I.-,

and that the htq’parged
thereon

is not excess

of the rate charged privitk individuals,

with

the usual discounts. Subscribed

and sworn

to before

me
on this

day of .}n,L

,20 Notary Public

in an9to

the State Alaska. My commission

expiresN74’4o46AFFIDAVITOFUL1CATIONIStVOt.tiJ.•adoptafederalrulepartandnewsubpartsin18AAiC50.040.•repealordeleteobsoletelanguagein18tAO50.035.18AAC50.040.18PAC50.990,and18PAC50.990Editor’snote.•addlanguagetoadoptandrequIreTitleVstandardapp11-cationformsIn18,AC50.035and18AAC50.328.•clarifymodelingrequirementsIn18tAO50.216.•clarifyrequfrementsforownerrequestedlimitsIn18AAC50.225.•adoptclarRlcatlonstoexistingregulationstocorrectwordIng,tocorrectcrossreterenoes,andresolveInternalregulatlonoontllctsIn18AAC50.220,ISAAC50.302.18AAC50.328.18AAC50.345,ISAAC50.400,and18AAC50.540.ThissupplementalpublicnoticeIsbeingIssuedtoextendthedeadlinefartheendofthepubliccommentprtod.Youmayoommentontheproposedregulationchanges,Includingthepotentialcoststoprivatepersonsofcomplyingwiththeproposedchanges,bysubmittingwrittencommentstoRebeccaSmith.EnvironmentalProgramSpecialist,AirPermitProgram,AlaskaDepartmentofEnvironmentalConservation,410PublicNoticesWflioughbyAve.,,&ilte303.P0.Box111800..k,neaj.AK99811-1500,byfecelmneat(907)498-51,orbye-mailtotheAirQualityCommentsDocketatdecsq.elrdocketg,aleslcagov.Commentsnzmtbereceivedby5:00p.m.,onOctober17,2011.CommentsreceivedafterthisdatewVlnotbeconsideredInfinalactionontheseides.OralorwrittencommentsalsomaybepinrärPTObI’flnlAlaskaDepartmentofEnvironmentalConservation,41WilloughbyAve..Stdte303.P0.So111800,.JLneau.99811-1800;byphoneat(907)465-5121:byfacabrile(907)465-5Iorgotohttml/www.dec.e.akLnIalr!/reoulstLhtm.Theproposedregt4atlonsandaDepartmentExplanationoftheProposedChangesdocumentareavailablefromtheDECAkQuatywebsiteatNthe:Umnpstatesk.usMec/afr/sJrtnnSWeblThflcPnnnaas,xandathttng/dec.alasltsoovfafr/an/ISOLilM1.htrnAlterthepubliccommentperiodendsonOctober17,2011.DECwIlleitheradopttheseorotherprovisionsdealingwiththesamesubject,withoutfurthernotice,ordecidetotakenoactiononthem.Thelanguageofthefinalregulationsmaybedifferentfromthatoftheproposedregulations.YOUSHOULDCOMMENTDURINGTHETIMEALLOWEDIFYOURINTERESTSCOULDBEAFFECTED.Writtencommentsreceivedarepublicrecordsandaresubjecttopublicinspection.StatutoryAuthority:AS46.03210,AS4614,010,AS46.14.020,AS46.14.030StatutesBeingimplemented,rn,accordingtolw,saysthathelsheisanlerkoftheFairbanksDailyNews-Miner,ai)publishedinnewspaperformat(ii)iilymorethan50weeksperyear,(iii)withtionofmorethan500andmorethan10%lationoftheFourthJudicialDistrict,(iv),ondclassmailingpermitfromtheUnited1Service.Cv)notpublishedprimarilytoIvertising,and(vi)notintendedforarofessionaloroccupationalgroup.TheitwhichisattachedisatruecopyoftheUNITEDSTATESOFAMERICA)STATEOFALASKA>SS.FOURTHDISTRICT12PublicNoticesBeforeme,theundersigned,anotarypublic,thisday‘nnailun’peared7(7,who,being.dAS46.14.010,AS46.14.020,AS46.14.030,AS46,14.120,AS46.14.140MacalIntonation;ThepropoeedregulationchangesarenotexpectedtoreqLireanIncreasedapprofltlon.Dated:9)20/IlJtaieau,AlaskaBy:LarryHafllg,Publish:9/22.9/23/11advertisementpublishedinsaidpaperonthefollowingday(s):Iandthatthehtq’*rgedthereonisnotexcessoftheratechargedprivit&individuals,withtheusualdiscounts.J/i2//I’3“I4,.4-hiSubscribedandsworntobeforemeonthisIdayof___________,20_-NotaryPublicinan5o,’theStateAlaska.Mycommissionexpires.Affidavit

of Publication United States

of America State

of Alaska First Division

Ad#: 139721 Ref:

#: AO 33-5015-12 Legal

#: 800-035-b—I—P00F0i04_a7002J14O€PARTNITOFiNAlSi7ALA1m.000051—0ciaa0Eo.baaasa.AaoIn*.Cod.Irjoe — —..V.—4411044101*10b7’*iciO4110004104.,‘44coSAA0102SI20•LAO1004641141011410111404001414*4010.240.ooiJCiddol.cAi40*1454900IAC10005.IISAC12.040.IIALllId.—ISLAO105*€—1.loll.00.004*4111•a.iaica.a‘4*14•—IILAOlInt —oqob.n11LaA—.—•4-4W

——4_.04400444AiAfl.l—.——*ll9S0sob,lILACSOUP.lILAC10302.1AC10.320.iSMC00.240.IAMIt.—IAMC101*.-w4yCIlTfli4iAliloldilViA•4t11000*4009*’—0010*00000IPAASSA—Ill. ——W10.by14011104.405—lollto*I*.cn4i4,ES4di0IlIIll4454*44.410wlil.(I07Al.44*4201.0 —lll0_..&Alt44ll.l0_9*0120,57Oa 7

2=—01.i.01y400p.ci,949,00,flailCocici.o.a—S040400dS10d09*dciicliciflIlliS01*W0511bA—aiOa.*.loadsIt,0.44.11*.IAII.OA*0011A0flitA0EIflblIlllllaCAinqn*oi4.414*11.4100041*idA,As.24*.A’d’449.MI10201•‘.11*10Mdi0l1104411.10±00±0.Ilt**4I**0l4’iOIdddIlAiIOdllIlC.400*.piIId44bdoi.201P.’...0,014Oball..,,pp.olonAywnflmci.II.I.i.*,lpo.*.l)aIAA4ld1004b —*100,0.0..Iip5540Th.n04cioli——14004100220—0’—MiC.4A.SlUt.S— —lo44.
——OoSuSP.ev4407)Cl40100004i.c.7204472117T.I’llS——*ASA4‘02015•*Afl0*4.4700090544010014.iI0900piloM.d.oIIiflAlIIIp1191104114141.40—.aaAlAn14,411AkP0*.4954LMailsO•P410lilAA00454•*iAC..*.o.d0,41011S’byA,uSSOS.P.OCoo111440.MISt,,.414111500:444a4*02)405442,flailIbII(507)4024129:ci9l.flflb1110S—— ——__11 —

atoi,000ea.dip100041*4p0040k,.a110510)404011AaA—a*111110111100cidisi*.wIaI*.ooIhll.TIllsdill.110040.40.400500‘547dfli.4 —lId04400_nd10400411.11CLI4S02DOO11U4ENT01110400‘75*1141ALtOVOCOIF7000IT4IERESTICULl54AFPECIW.*080’5411054i000141AC4IaetAS44,02210.*1•,LDI&As1*loA4a’t0.id.0**544.ld,440.AS4‘0)32.511.14144——11. — —IV.—10•0ol —.•__‘A,—A1440125.2011da.yHall9.d0tl01110414*1010*44,01;M.OAII20alid3020’20015

I, Liz Simms, being first duly sworn, oath, depose,

and say that

I am the Principle Clerk

of the JUNEAU EMPIRE,a newspaper

of general circulation, published

in the city

of Juneau,
State

of Alaska;

that the publication

was published

in said newspaper

on the 30th day

of August,

2011 and thereafter

for

1 additional
day(s),

the last date

of publication

being August
31st, 2011. /1! & ,q4 4 y.c_p4474t\ Subscribed

and dwbrn

to before

me this 6th day

of

J Notary PubliAffidavit

of Publication United States

of America State

of Alaska First Division

Ad#: 140437 update adoption

by reference

dates

of fed ral rules adopted

in 18 MC 50.035

and

1E AC 50040. adopt

a federal

rule part and new subparts in 18 AAC 50040. repeal

or delete obsolete language

in
18 AC 50.035,

18 AAC 50.040,

18 AAC 50.990,

and

18 AAC 50.990 Editors
note. ‘add language

to adopt

and require

Title

\ tandard application

forms

in 18 AAC so.oar 3nd

18 MC 50,326. ‘clarify modeling requirements

in
18 AAC’ S0.215. clarify requirements

for Owner requeste imits

in 18 AAC 50.225. adopt clarifications

to existing regulations

tc ,orrect wording,

to correct cross-references, nd resolve internal regulation conflicts

in 18 \AC 50.220,

18 AAC 50.302,

18 AAC 0.326,

18 AAC 50.345.

18 AAC 50.400, uid

18 AAC 50.540. ‘his supplemental

public notice

is being

is’ sued

to extend

the deadline

for the end

o he public comment period. You may comment

on the proposed regula ion changes, including

the potential
costs

t< private persons

of complying

with
the pro posed changes,

by submitting
written com ments

to Rebecca
Smith. Environmental Program Specialist,

Air Permit Program, Uaska Department

of Environmental

Con ervation,

410 Willoughby

Ave., Suite 303, zQ, Box 111800, Juneau,

AK 99811-1800, )y facsimile

at: (907) 485-512g.

or by e-mai o the
Air Quality Comments

Docket

a lec.aa. airdocket@pipska.aov. Comm

entt nust

be received

by 5:00 p.m.,

on Octobe 17. 2011. Comments received

after
thir tate will not
be considered

in final action

or hese rules. )ral

or written comments

also may

besubflitted

at

a hearing

to be held

on Septembei 8, 2011,

at the Department

of Environmen al Conservation
Building,

619

E. Shig Dreek,

Ste. 249. Anchoage,

AK 99501.

Th€ earinQ

will

be held from 2:00- 3:30 p.m. nd might

be extended

to accommodat€ hose present before
3:00 p.m. who
did nol lave

an opportunity

to comment.

There

will e

a call-in number

if you are not able

to at-—.__•;.%._.........,

n, SUPPL.tNtNIAL NOTICE

OF PUBLIC COMMENT PERIOD ON PROPOSED CHANGES

TO ALASKA DEPARTMENT

OF ENVIRONMENTAL CONSERVATION REGULATIONS Fhe Department

of Environmental

Conser ‘ation (DEC) proposes

to adopt regulatior hanges

n Title

18, Chapter

50

of thE \laska Administrative

Code dealing

with

Au )uality Control, including

the following:

I, Frances

S. Dowd, being first duly sworn, oath, depose,

and say that

I am the Principle
Clerk

of the JUNEAU EMPIRE,

a newspaper

of general circulation, published

in the city

of Juneau,
State

of Alaska;

that the publication

was published

in said newspaper

on the

22 nd day

of September 2011 and thereafter

for

1 additional day(s),

the last date

of publication

being 23

of September,

2011. Subscribed

and sworn

to before

me this 2 nd day

of April 2012. Notary 1 j’u9Ic

in anJor

the State

of Alaska. My STATE

OF ALASKA )4P OFFICIAL

SEAL G.George

\ThJrj.S NOTARY PUBLIC
“6’ Commission

Expires 1110312015Affidavit

of Publication United States

of America

Ad

#: 140437 State

of Alaska First Division)erwillbe1-8b0-315-6338,andtheMeet1eCodewillbe8123#.Iyouareapersonwithadisabilitywhcieeiisaspecialaccommodationinordertcparticipateinthispublicprocess,pleaseontactDeborahPockat(907)269-0291oiltDRelayServicel-soo-77o-B973ITtY°‘

I, Frances

S. Dowd, being first dulyhal711nolaterthanSeptember26,2011,oensurethatanynecessaryaccommoda-

sworn, oath, depose,

and say that

I am theionscanbeprovided.Foracopyoftheproposedre9ulation
Principle
Clerkof the JUNEAUThanges,contactRebeccaSmith,AirPermiProgram,AlaskaDepartmentofEnviron- EMPIRE,a newspaperof generalnentalConserVation,410willoughbyAve.,Suite303,P.O.Box111800,Juneau,Al)98111800:byphOfleat(907)465S12tb)

circulation, published

in the city

ofacsimileat(907)465-5129;orgotcrno:/Avww.decstate.akus/air/an/reaulati.ht

Juneau,
State

of Alaska;

that thern.TheproposedregulationsandaDepart- Explanation

oftheProposedChange publication

was published

in saidocumentareavailablefromtheDECAi,ualitywebsit newspaper

on the22nd day

of Septembertpjywa1askasrnraaKus.’dae/aW/aktooisWet,‘ublicPa,mrnJson-aXanda

2011 and thereafter

for

1 additional7ffD://decpjaskp.ooy/air/an/rOOUISti.htfllkfterthepubliccommentpriodendsonOc

day(s),

the last date

of publication

beingober17,2011,DECwilleittferadoptthesc.notherRrovsions.dealin9wththesame

23of September,

2011.;ubject,withoutfurthernotice,ordecidetoakenoactiononthem,Thelanguageofthc.inalregulationsmaybedifferentfromthat0heproposedregulations.YOUSHOULDDOMMENTDURINGTHETIMEALLOWED‘FYOURINTERESTSCOULDBEAF ECTEDwencommentsreceiveda Subscribed

and sworn

to before

me thisublicrecordsandaresubjecttopublicinpection.

2K day

of April 2012.tatutoryAuthority:AS46.03.710,A16.14.010,AS46.14.020,AS46.14.030StatutesBeinglmp1eniented,Interpreted,o

(:t;L1\S46.14.030,AS46.14.120,AS46.14.140...AadeSpecific:AS46.14.010,AS46.14.020,FiscalInformation:Theproposedregulation

Nota1bI(g

in and’tor

the State

of Alaska.,hangesarenotexpectedtorequireaninry.QT-,reasedappropriation.Is’___________________________________________Dated:September20,2011LarryHartig,Commissioner

ISTATEOFALASKAG.GeorgeJuneau,AlaskaoFFICIALSEALNOTARYPUBLICMyCommissionExpires1110312015STATE

OF ALASKA

) THIRD JUDICIAL DISTRICT

) ss. ) AFFIDAVIT

OF ORAL HEARING I, Tom Turner, Environmental

Program Manager,

of Department

of Environmental Conservation,

being sworn,
state
the following: On September

28, 2011, 1400

to 15:30,

in Alaska Department

of Environmental Conservation Building,

619

E. Ship Creek,

Ste. 249, Conference

Room

B, Anchorage,

AK 99501,

I presided over

a public hearing

held

in accordance

with

AS 44.62.210

for the purpose

of taking testimony in connection

with
the adoption

of changes

to
18 AAC

50, Air Quality Control

to: • update adoption

by reference

dates

of federal rules; • adopt

a federal

rule part and new subparts; • repeal

or delete obsolete language; • add language

to adopt

and require
Title

V standard application

forms; • clarify modeling requirements; • clarify requirements

for owner requested
limits;

and • adopt clarifications

to existing regulations

to correct wording,

to correctcrossreferences,

and resolve internal regulation conflicts. DATE: Anchorage,
Alaska SUBSCRIBED

AND SWORN

TO before [NOTARY
SEAL]

Tom Turner, Environmental

Program Manager me tW: 2Thb. .FSP7EMfl’

flf, 4,a1/1 pv..

s;A%... Not. T ubli’

in and for State Alaska My commission
expires:

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (h)

Compilation of Public Comments and the State Response to the m:

Affidavit of Agency Record of Public Comment signed by Rebecca Tyson Smith dated May 1 7 , 201 2

.

Response t o Comments titled Alaska Department of Environmental Conservation , Adoption Updates Package, May 22, 2012STATEOFALASKA)FIRSTJUDICIALDISTRICT)ss.)AFFIDAVITOFAGENCYRECORDOFPUBLICCOMMENTI,RebeccaTysonSmith,EnvironmentalProgramSpecialist,oftheDepartmentofEnvironmentalConservation,beingdulysworn,statethefollowing:IncompliancewithAS44.62.215,theDepartmentofEnvironmentalConservationhaskeptarecordofitsuseorrejectionoffactualorothersubstantiveinformationthatwassubmittedinwritingaspubliccommentandthatwasrelevanttotheaccuracy,coverage,orotheraspectoftheDepartmentofEnvironmentalConservationregulationsAirQualityControl,pertainingtoupdatingadoptionbyreferencedatesoffederalrules;adoptingafederalrulepartandnewsubparts;repealingordeletingobsoletelanguage;addinglanguagetoadoptandrequireTitleVstandardapplicationforms;clarifyingmodelingrequirements;clarifyingrequirementsforownerrequestedlimits;andadoptingclarificationstoexistingregulationstocorrectwording,tocorrectcross-references,andresolveinternalregulationconflicts.Date:/F7471Juneau,AIskaSUBSCRIBEDANDSWORNTObeforemethis[NOTARYSEAL]STATEOFALASKAOFFICIALSEALCassidyY.KearneyNOTARYPUBLICMyCommissionExpiresWithOffice.2ReeccaTysonSmith,EnvironmentalProgramSpecialist.77%-dayof£aaI...1.1<’NotaryPuIiciandfortheStateofAlaskaMycommissionexpires:cnt?e&Alaska Department of Environmental Conservation Page 1 of 78

Title V Permit Application Forms Package Response to Comments 5/8/2012



### Alaska Department o f Environmental Conservation

Adoption Updates Package Response t o Comments May 22 , 2012

The Alaska Department of Environmental Conservation (ADEC, the Department) has proposed regulation changes including:

 Update adoption by reference dates of federal rules adopted in 18 AAC 50.035 and 18
AAC 50.040.

 Adopt a federal rule part and new subparts in 18 AAC 50.040.

 Repeal or delete obsolete language in 18 AAC 50.035, 18 AAC 50.040, 18 AAC 50.990, and 18 AAC 50.990 Editor’s note.

 Ad d language to adopt and require Title V standard application forms in 18 AAC 50.035
and 18 AAC 50.326.

 Clarify modeling requirements in 18 AAC 50.215.

 Clarify requirements for owner requested limits in 18 AAC 50.225.

 Adopt clarifications to existing regula tions to correct wording, to correct cross

references, and resolve internal regulation conflicts in 18 AAC 50.220, 18 AAC 50.302, 18 AAC 50.326, 18 AAC 50.345, 18 AAC 50.400, and 18 AAC 50.540.

Most of these changes are minor and did not receive comments. The one exception is the proposed Title V Operating Permit Standard Application Package (application package), which received lengthy comments from multiple parties.

This document addresses the public involvement process on the forms, general comments, and finally responds to individual comments made on the forms.

Additionally, a fter the regulation package went out for public comment, the Department became aware of several issues needing correction:

Additiona l Revisions:

 The effective date for 18 AAC 50.035(b) was listed incorrectly as December 21, 2010.

o Action: The language in 18 AAC 50.035(b) has been corrected to read January 1,
2011.

 The proposed changes to the definition for “regulated NSR pollutant” created definiti on
gaps elsewhere in the regulations. In order to resolve the discrepancy, the Department revised the regulations:

o Action : Adopt the definition “regulated NSR pollutant” as defined in 40 C.F.R. 52.21(b)(50) in 18 AAC 50.040(h)(4)(C)(i) by repealing the exc lusion of the 40 C.F.R. 52.21(b)(50) definition.Alaska Department of Environmental Conservation Page 2 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012 o Action : Retain 18 AAC 50.040(i)(1)(B)(i) as it currently is written (not repealing as was proposed in the package).

o Action : Revise the definition in 18 AAC 50.990(92) to read “(92) ‘regulated NSR pollutant’ has the meaning given in 40 C.F.R. 51.21(b)(50), adopted by reference in
18 AAC 50.040.”

 The first sentence of 18 AAC 50.326(c) has been revised for clarity by the Department of Law. The revised language states:

18 AAC 50.326:

(c) Applications. To be timely, an application must satisfy AS 46.14.150, and 40 C.F.R. 71.5(a)(i)

– (ii) do not apply. To be timely, an application for renewal must also meet 40 C.F.R. 71.5(a)(1)(iii). [FOR THE PURPOSES OF 40 C.F.R. 71.5(A)(1)(I) AND (II), A TIMELY APPLICATION IS ONE THAT SATISFIES AS 46.14.150, AND 40 C.F.R. 71.5(A)(1)(I)

- (II) DO NOT APPLY.]

Standard Forms Public Involvement Process :

For the forms proposed in this regulation package, the Department used a two step public comment process to gather input from interested parties:

1. Public review and informal comment period (July 30, 2010 to September 30, 2010)

. 2. Formal rulemaking to adopt the application package by reference (August 25, 2011 to October 17, 2011)

.

Step 1

– Public Review and Informal Comment Period

The Department developed the proposed forms in this regulation package in consultation with interested parties by making a prel iminary draft application package available to the public on July 30, 2010 and holding a public workshop in Anchorage on September 1, 2010. The public notice review period was intended to allow interested parties an early opportunity to review and

comment on the application package, including the potential costs to comply with the new application process.

Step 2

– Formal Rulemaking to Adopt the Application Package by Reference

On August 25, 2011, the Department posted a notice of public comment period o n proposed changes to Department regulations under Title 18, Chapter 50 of the Alaska Administrative Code (AAC) dealing with Air Quality Control. A public hearing was held Wednesday October 28 from 2:00 to 3:30 pm in the Anchorage DEC Air Quality office. F inal comments were due at 5:00 pm October 17, 2011. Among other proposed regulation changes, the regulation package included language to adopt and require Title V standard application forms in 18 AAC 50.035 and 18 AAC
50.326.

Five parties submitted commen ts and are referenced by abbreviation in the comments below:

 SLR

– SLR ConsultingAlaska Department of Environmental Conservation Page 3 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012  APA

– Alaska Power Association

 Kodiak

– Kodiak Electric Association

 AOGA

– Alaska Oil and Gas Association

 Entrix

– CardnoENTRIX Corp

Many of the comments received in both public testimony and written comment centered on several repeating themes and topics. We address these repeating themes first as general comments (G1, G2, etc.); commenters are identified with the abbreviations provide d above. The general comments are followed by a table of specific comments made by each party. These comments are referenced by submitter and comment number, e.g., AOGA

- 29.

General Comments on Forms

G1. The forms should be optional, not mandatory. (Kodiak, SLR, APA, AOGA, Entrix)

Response from ADEC: The use of the forms will be mandatory. No change will be made to the requirement to use the forms.

We are requiring the application forms for all permit applications submitted under the Title V program to ease the processing and increase the efficiency of applications. Since each application or revised application will look the same, application processing time and requests for additional information sho uld go down.

The Department also expects that once the application package is in continual use by the pool of stationary sources permitted by ADEC, the applicants will see improved efficiencies in application preparation because forms from previous applic ations can easily be updated and

sub mitted with new applications.

G2. We request at least a three to six month delay period be incorporated into the final regulations requiring the forms so that applications underdevelopment do not have to
be rewritten on th e new forms, but can be completed under the previous application process. (Kodiak, SLR, APA, AOGA, Entrix)

Response from ADEC: ADEC agrees and will not require the use of these forms until

six months after the effective date of the regulations. At that time, all applications will

need to be submitted on the new forms.

Because a permit application typically takes about four months to be prepared, the Department has adopted a six month delayed effective date period to allow permits already in preparatio n under previous application requirements to be completed.Alaska Department of Environmental Conservation Page 4 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012 ADEC amended the language in 18 AAC 50.326(c) to include a delayed date for required use

of the forms:

... The requirements of 18 AAC 50.205 apply to a permit application, report, or compliance ce rtification under this section, and 40 C.F.R. 71.5(d) does not apply.

After {effective date of the regulations plus 6 months (written as a date)} , an applicant for an operating permit, modification or revision to an operating permit, or renewal of an existing operating permit shall use the Title V Standard Application and Forms , adopted by reference in 18 AAC 50.035(a)(9). The owner or operator of an existing Title V source who is planning a modification that requires a Title I permit as well as an operating permit modification may request either...

G3. The forms require repetitive information in many places. Can they be consolidated to provide that information in only one place? (SLR, APA, AOGA)

Signature requirements: No changes will be made to signature requirements on the

forms.

ADEC reviewed the forms for signature requirements. Signatures are required in only three places:

 Form A

- 1 certifies t he stationary source information

 Form A

- 1R replaces Form A

- 1 for a permit revision

 Form A

- 4 replaces Form A

- 1 in a renewal application in which there are no changes from the original application.

These requirements are not excessive. At most an application would require two signature

forms.

Duplicate information: The department made some modifications to the forms to reduce redundant information requirements.

We worked to further limit the need for duplicate information in the forms as much as possible.

However, some duplication is necessary to create well

- organized and complete applications that facilitate efficient permit processing and reduce the need for addition information requests. The Department reviewed the final forms to ensure that redundant data fields are

minimized.Alaska Department of Environmental Conservation Page 5 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012 Internal referencing: The department modified the instructions to allow cross

referencing between forms where the necessary detail is included in the referenced

locati on.

In general, each form will need to be filled out. We are establishing this requirement because not every form will be submitted with every application. As long as all the information required is in the referenced location, the applicant may refer to t hat portion of the application.

G4. The forms require the applicant to identify the applicable requirements for each emission unit, which can be repetitive if the permittee has many identical emission units. Can emission units be lumped together on a singl e form, or alternatively since only certain Federal standards apply within the State, would it not be better to identify the applicable requirement and then list the emission unit(s) subject to that requirement? (APA, SLR, AOGA, Entrix)

ADEC Response: The Department has modified the instructions to allow regulations

for identical units to be combined on one form.

The Department has chosen to require regulations by emission unit because this approach best supports efficient permit preparation. This for mat allows the application language to be directly translated from the application to the permit, reducing the workload of the permit writer, and should improve permit drafting completeness, accuracy, and speed. For the applicant, the adopted format make s it easy to group emission units with similar regulatory applicability. Yet by requiring a separate form to identify the applicable regulations for each emission unit, this format supports clearly and appropriately identifying the minor, but important, di fferences in regulation applicability for each emission unit. We expect copying requirements to an additional form for each emission unit will not be a

burdensome task.

Regarding identical units, the Department has modified the instruction to allow applic ants to include identical units on a single form.

In addition, sometimes emission units are modified or removed without appropriate updates to the permits. Thus, the explicit requirement to list each emission unit at the stationary

source will assist th e Department in maintaining an accurate inventory of emission units and provide the basis for an accurate permit.

G5. Many forms request technical data not required to determine regulatory applicability (e.g. land plots, steam production rates). Please remove these requirements so that they are not used to determine application completeness. (SLR, APA, AOGA, Entrix).Alaska Department of Environmental Conservation Page 6 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012 Response from ADEC : The Department has modified the instructions to indicate that for some applicants, “not applicable” may be an appropriate response for some fields. The Department is not modifying any specific data element field for the requirements for applications to be deemed complete.

The Department understands the concern that data not specifically required for application completeness may be used to determine completeness with these forms. The Department developed the forms so that they prompt the applicant for all of the information necessary to fully describe a stationary source including its emission units, processes, operating sce narios, and any effects that it may have on surrounding areas, such as contiguous and adjacent permitted sources. This approach should reduce the burden on applicants unfamiliar with the Title V process as well as reduce the need for additional data reque sts for all applicants.

We acknowledge that not all fields on the forms will be applicable to every applicant and “not applicable” may be the appropriate response for some fields. Yet the majority of the information requested is needed to complete the pe rmit. For example, an overhead image or land plot helps staff developing the draft permit understand the stationary source, including any stationary sources located nearby which may have contiguous or adjacent issues within the permit context, or the abili ty to require monitoring based on physical attributes which are not apparent from a description alone. Other information, such as steam rates, may or may not be needed to determine specific regulatory applicability, but cannot be determined until

each ele ment is reviewed in the context of the complete application and applicable standards. Including this data in the application will help the permit writer fully understand the process in which the emission unit is used and will preclude a possible informatio n request at a later

date.

The Department merged the descriptive fields into a single application field requesting

“ Stationary Source Description (a thorough description of the stationary source, its processes, raw materials, operating scenarios, and other specific information that may be necessary to determine the applicability of Title V requirements.) The information may include property area or map, number of employees, maximum capacity, and other primary

emission

- generating activities co

- located o r on adjacent properties.”

Finally, the Department expects that none of these data elements constitute a burdensome requirement, e.g., an overhead land plot or satellite image graphic of the stationary source can

be obtained off the internet for free.

G6. The forms do not allow reference to external application material, such as old applications, which the applicant may use to reduce the size of a current application. (AOGA, Entrix)Alaska Department of Environmental Conservation Page 7 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012 Response from ADEC : The Department is maintaining the requirement for no external

references.

The Department’s application processing procedure requires that all the information needed to process the application be contained within the application package:

 Geographically remote contract permit writers do not have access to past applications.

 As a state agency, the Department follows the legislatively

- mandated document retention schedule; legacy application material may no longer be available.

 It is the app licant’s responsibility to provide the information needed when applying for a permit.

The D epartment is aware (AOGA

- 14) that a permit modification application submitted subsequent to a permit renewal application would be required to include all information provided in the renewal application. This makes each application a stand

- alone set of documents where the permit drafter has everything needed to efficiently process the application in a timely manner. For the same reasons, the Department is also requiring the applicant to submit any alternative monitoring protocol or waivers the applicant uses to support a regulator exemption (AOGA

- 61). The applicant can reasonably be expected to provide a copy of any and all waivers or alternative monitoring protocols that are being used
to support source

- specific monitoring, recordkeeping or reporting with each application that

references them.

G7. Many forms require external data to be copied onto the form, such as EPA TANKS output runs or Excel calculation sp readsheets. In order to reduce error and increase efficiency, can the application forms be modified to accept external data without transcribing it to the forms? (APA, AOGA, Entrix).

Response from ADEC : The Department has modified the instructions to accept external data output and Excel spreadsheets.

Calculation spreadsheets should be provided in both printed form and as electronic files so the Department may review the underlying equations or calculations that support the results.

Individual Com ments

The following table includes all verbal and written public comments received during the comment period. Comments received verbally as public testimony are noted with the comment number.

The Department addressed each comment individually and, as appropriate, referenced the relevant general comment. Comments submitted as redline edits were reviewed and have been incorporated as the Department determined appropriate. However, due to the volu me of redline edits provided,Alaska Department of Environmental Conservation Page 8 of 78

Title V Permit Application Forms Package Response to Comments 5/22 /2012 we are unable to address individual edits here; refer to final forms for modifications incorporated.

Also note, the Department may revise the forms later (through a regulation update) based upon
lessons learned from the first few cycles of application submittals with the forms and industry input.Alaska Department of Environmental Conservation Page 9 of 78

Title V Permit Application Forms Package Response to Comments 5/8/2012 ID Comment ADEC Response

SLR

- 1

verbal Responsible official is required to sign on multiple pages and we think that would be slightly

onerous and really think it should just be one

-- one signature for the entire application. Action: no changes
See response to

comment G3.

SLR

- 2

verbal The forms actually require that the permit number and stationary source name be entered in on every

single page. And considering that these are going to PDF fill

- ins, that means every single page

the y'd have to do a PDF fill

- in

-- on that which is extremely time consuming

. And I don't think it's

reall y necessary since all the identifying information is included in Form A1. Action: forms modified to require only the permit

number on the first page of e ach form.

SLR

- 3

verbal There's a lot of external data that has to be transferred from one form and into your specific forms

.

For example, the EPA TANKS outputs have to transfer

- transferred to the Form B series. And as everyone knows, a lot of mistakes can be made in transferring data

, which would lead to more information requests and more problems. And instead, w e requested ADEC

-- instead of having all the TANKS output data be included as inputs into the form, that ADEC just put a list of

ever y thing they want to see in the TANKS output data and let us provide you with that external form that TANKS provides. Same thing is somewhat with the emissions calculations. It requires transferring the emissions calculations from the excel spreadshee t into your specific form. And we requested ADEC switch to allowing

-- to having a list of everything they wanted to see in the emission calculations and then allow us to just submit live excel sheets that has all that

information and then ADEC can see ho w the calculations were done and still ha v e all that information without requiring the permittee community to do more transferring of data. Action: instructions modified to accept

external data outputs and Excel spreadsheets.
See response to

comment G7.

SLR

- 4

verbal There's some information that is required in the forms that we don't belie v e has any merit for Title

V applicability or rule designation

. For example, regional maps and USGS maps

, plot lines, anchorage. Those sort of things are required for Title I permitting but aren't used in Title V rule applicability or permitting

. And we think that if those elements are required, ADEC can Action: instructions

modified to indicate “not applicable” may be appropriateAlaska Department of Environmental Conservation Page 10 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

determine that an application is incomplete based upon someone, a permittee, not submitt ing that information, even though that information isn't even used to develop the Title V permit application

. for some applications. See
response to
comment G5.

To date the Department has not judged any application to be incomplete by applicants using the

draft forms because

of these issues.

SLR

- 5

verbal Let's see, there is several different places where information is repetitive. They'll ask for

information in B1 and then in B 2 it's asked for the same information in just a slightly different format. We prefer that all the information just be required once

. Action: no changes
See response to

comment G3.

SLR

- 6

verbal Let's see, the forms require that actual emission s be included for each emission unit and for each

field burning industrial process that are designated as insignificant

. However

, actual data is not required. Title V is based on potential to emit. Action: Form D1

modified as follows: For insignificant emission units, expected actual

annual emissions are only required if

the unit is an insignificant unit on

an emission rateAlaska Department of Environmental Conservation Page 11 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

basis under 18 AAC 50.326(e) and potential annual

emissions exceed

80% of the

thresholds in 18 AAC 50.326(e)(1

- 15)

.

SLR

- 7

verbal There are requirements for insignificant units to supply actual data to demonstrate that they are

insignificant on emission rate basis

. And in those cases, we agree that that should

– that

information should be included but not for each and e v ery insignificant emission unit that's insignificant, say under F, which is categorically insignificant according to ADEC like, lube

-- lube oil tanks. Let's see, I got

-- I get that, sorry

. Action: Form D1

modified as follows: For insignificant emission units, expected actual

annual emissions are only required if

the unit is an insignificant unit on

an emission rate

basis under 18 AAC 50.326(e) and potential annual

emissions exceed

80% of the

thresholds in 18 AAC 50.326(e)(1

-Alaska Department of Environmental Conservation Page 12 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

15).

SLR

- 8

verbal Bl forms also require that a separate form be submitted for each and every emission unit, instead

of having it sort of consolidated and to identifying all the emission units, because a lot of emission units have the exact same requirements. For example, eve ry field burning equipment that's in a Title V permit, you know, turbines, engines, that sort of thing, all have to meet 18 AAC 055. For visibility emissions, in particular matter sulfur, and there is a facility wide portion of the form, which you could p ut that in. But not everything in our facility is necessarily going to be subject to

fill the 18 AAC 50.055 because it's not

-- everything is field burning. So, you know, fuel

– storage tanks and those sort of things, so I think we're getting

-- it's gett ing a little bogged down on the repetitiveness for each emission unit. So, also a lot of engines are the same make and model and have a lot of the same requirements outside of 18 AAC 50.055 that would like to be able to consolidate into, you know, maybe o ne page or one form. Action: modified

instructions to allow

identical units to be

combined on one

form.
See response to

comment G4

SLR

- 9

verbal The B

-- form B1 also requires to report the install dates, serial numbers, steam production rates,

steam pressure and steam temperature. Besides the installation date, the information is not required for rule applicability and, so that'd be a completene ss issue within the application. And it also requires both the design rate of capacity and maximum hourly firing rate information, which is also unnecessary to evaluate applicability. And we request that ADEC remove those requirements to be in the form as a completeness issue. Action: no changes

While this

information is not

needed to determine rule applicability, it is needed to fully develop the permit.
See response to

comment G5.

SLR

- 10

verbal Form B2 requires the rate of capacity and horsepower hour or kilowatt hour

. Those are output

--

and we do use input units, which are horsepower and kilowatts. Also it requires that you

-- that the permittee include horsepower kilowatt and MMBtu. And we request that ADEC reduce that to Action: forms modified to require heat input or toAlaska Department of Environmental Conservation Page 13 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

just one because you can get to all the others very simply with conversion factors and request the one that you most prefer, I suppose. specify rating where applicable.

Various federal rules (RICE MACT) require size

or ra ting while others (Boiler MACT) require heat input capacity. The appropriate entry should be provided.

SLR

- 11

verbal Okay. B4 relates back to the EPA TANKS example provided before. It requires that they transfer

all the information from the EPA TANKS pr ograms into your

-- into the ADEC specific form, which could potentially have quite a few errors instead of just allowing the permittee to submit the EPA TANKS output file. And we request that B Form be deleted and require that the output form be provided

. Action: instructions modified to accept

external data outputs and Excel spreadsheets.
See responses to

comments G7 and

SLR

- 3.

SLR

- 12

verbal Also, emissions from low vapor pressure products, such as

-- from tanks

-- such as distillate fuels,

We don't think should be included as a requirement in the forms. Most distillate fuel tank

-- storage tanks emit less than one ton per year, usually less t han .01 tons per year VOC. And ADEC actually has been designated as insignificant

-- the most low vapor pressure storage tanks as categorically insignificant. Action: no changes.
See response to

comment G5 and

SLR

- 7.Alaska Department of Environmental Conservation Page 14 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

SLR

- 13

verbal Please delete the D

-- form D series there

– and instead require the permittee to submit live excel

spreadsheets containing the calculations, instead of having the form D series presented now. Make it a list of everything ADEC wants to see in a live excel spreadsheet. Acti on: instructions modified to accept

external data outputs and Excel spreadsheets.
See responses to

comments G7 and

SLR

- 3.

ADEC is unable to provide a comprehensive list

of all calculations

that covers all cases. Applicants may

contact the Department with

q uestions about individual permits.

SLR

- 14

verbal And please delete the requirement to calculate the expected actual annual emissions for all units.

Insignificance levels in 18 AAC 326 requires actuals from the past two years to demonstrate that its insignificant unit, based on an emission rate basis and ADEC does not

-- well Title V rule applicability does not use actual projected

– actual annual emissions. And, therefore, it shouldn't be a required element of the a pplication. Let's see, we already talked about that. Okay. Action: Form D1

modified as follows: For insignificant emission units, expected actual

annual emissions are only required ifAlaska Department of Environmental Conservation Page 15 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

the unit is an insignificant unit on

an emission rate

basis under 18 AAC 50.326(e) and potential annual

emissions exceed

80% of the

thresholds in 18 AAC 50.326(e)(1

- 15).
See response to

comment G5.

SLR

- 15

verbal E

-- Form E4 requires is a the

-- the

-- has the same requirements as Form B series, which already

requires that each field be submitted with each individual emission unit and therefore we don't

think

-- we think ADEC

-- we requested ADEC consolidate these two forms together and that

-- I think that'll do it, or I'm done. Action: no changes.
See response to

com ment G3.

Kodiak

- 1

verbal Due to ongoing cycles of Title V renewals, I would request that if the forms become finalized and

adopted into the regulations, that there be a window of opportunity for transition that the implementation date and require date to use the forms be extended out for a period, at least six months. So, for example, if these rules go into regulation January 1, 2012, I request that they do not be required for a Title V Permit application until July 1, 2012. That six month window would giv e a transitional

-- lead the transition into the new reg so that any permit applications that are Action: Use of the

forms will not become mandatory

until six months

after the effective

date of the regulations.Alaska Department of Environmental Conservation Page 16 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

currently being developed can still move forward without having to redo the application processes. See response to

comment G2.

SLR

- 16

verbal SLR Consulting supported Kodiak Electric Association Comment No. 1, and added the following:

Comment and s upport it, as well, with the six

- month delay after

-- after the regulations become effective. Mainly because, if the regulations come into effect as she put into example on January 1, 2012, a permittee may have the requirement to submit a permit applicati on no later than January 2, 2012, creating an impossible situation where they w ouldn't be able to complete the forms in

time

. And secondly, even if there is lead time and they know these forms are coming, six months is a more reasonable transition time to allow for the larger companies that have multiple permits, not just, you know one or two, but you know, 26 that may be coming due all within the same sort of time frame. I don't know that situation is actually true, but this

-- for example, and that would give them the time that they would need to actually create all the new applications for their stationary sources. Action: Use of the

forms will not become mandatory

until six months

after the effective

date of the regulations.
See response to

comment G2.

APA

- 1a Eliminate Extraneous Information Requests:

According to 40 CFR 71.5(c) as adopted in 18 AAC 50, only the information necessary to determine rule applicability and requirements of the Clean Air Act are required to be included in a Title V application. Yet, throughout the newly proposed Title V application forms, ADEC is requiring additional information that extends beyon d the jurisdiction of the Title V program. APA is concerned that the extra time, effort and cost needed to complete portions of these proposed forms is

unwarranted. Action: no change
See response to

comment G5.
The Department’s authority to require

spec ific information

be included for an application to be deemed complete stems from §71.5.

While the items inAlaska Department of Environmental Conservation Page 17 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

§71.5(a)(2) are required for completeness, §71.5

does not limit completeness to

these items. The section also gives the Department authority to devel op a standard application package
to “best meet the program needs and

administrative efficiency.” The Department is also

authorized to request additional

information under

18 AAC 50.200.

APA

- 1b Proposed Form A2 requires the submission of property area information including a regional map

and a USGS map; however, that information is not used to develop a Title V operating permit. While such geographical information may be required to obtain a min or permit or a PSD permit under the Title I program, Title V permits do not require modeling. Establishing the area, terrain, and elevations of the stationary source is not required for determining applicability to regulations,

and APA is concerned that AD EC would deem an application incomplete if such unnecessary Action: no action
See response to

comment G5 and

APA

- 1 a.Alaska Department of Environmental Conservation Page 18 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

information were not included in the application. While ADEC may have a desire for this extra information, the request for it is not warranted under the regulatory code. Since the requested

prope rty area information in Form A2 is not required for Title V permit/rule applicability, APA feels that ADEC should remove this extraneous information request from the proposed Title V application

forms.

APA

- 1c Proposed Form A2 also requires the applicant to include a description of any proposed modifications

that will occur in the future. Yet, Title V operating permits are intended to only address requirements applicable at the time of permit issuanc e. Future hypothetical changes at a stationary source should not be required in a Title V permit application. Action: no action.
The applicant should include any

known proposed

modifications in the application. If a permittee has pre

approved changes

auth orized under a PAL permit or flexible air permit

that are known and

pre

- planned, or a minor permit application being developed, the applicant should

include these changes in the permit application.Alaska Department of Environmental Conservation Page 19 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

APA

- 1d Proposed Forms A3 and A4 both require an operatin g schedule for the hours/day, days/week, and

weeks/year that a unit is run; however, all of the emission calculations relating to a Title V permit are based on the potential to emit. The potential to emit is determined by an operation of 8,760 hours per y ear, or by an applicable operating limit. Requiring operating schedule information in a Title V application is unnecessary and should be eliminated. If ADEC desires actual emission data, then it should refer to the emission inventories that are already r eported by each stationary source on an annual or triennial basis, rather than require it to be provided in a Title V permit application. Action: forms modified to suggest

this information as part of the stationary source description, but not require it on Form

A2. A renewal application only

needs to include a

Form A2 if there have been changes

to this information since the previous permit (item 3 of Form A4).
Sources operating under multiple operating schedules must provide operating schedule

information for the Department to

determine or regulate emissions.
If no specificAlaska Department of Environmental Conservation Page 20 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

operating schedule

is used in the

emission

calculations other than the 8,7 60 hr/yr assumption or as required in §71.5(c)(7), then

this section can be
marked “not applicable.”
If a specific

schedule is used to limit emissions,

then it should be

described here.

APA

- 1e Further, the requirement to calculate expected actual annual emissions for all units should be

eliminated from proposed Form B2. Other than determining the significance of an emission unit (EU), rule applicability is not based on actual emissions; therefore, there is no basis for ADEC to require that information f

or the application to be complete. Action: no action.
See responses to

comments G5 and

SLR

- 14.

APA

- 1f Proposed Form A4 requires the applicant to report their number of employees. This information is

not required to determine rule applicability and shoul d not be included in the Title V permit application forms. Action: forms modified to suggest

this information as part of the stationary sourceAlaska Department of Environmental Conservation Page 21 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

description, but not require it on Form

A2. A renewal application only

needs to include a

Form A2 if there

have b een changes

to this information since the previous permit (item 3 of Form A4).

APA

- 1g Proposed Form B1 requires the applicant to report steam production rate, steam pressure, and steam

temperature; yet, only the design rated capacity and maximum hourly firing rate information are needed to evaluate NSPS and MACT applicability. Proposed Form B3 requires information on gas residency time, maximum flue gas outlet temperature, and other extraneous information that is unrelated to rule applicability or emiss ion calculations. Such information requests contained throughout the B Series Forms that are unrelated to rule applicability should be eliminated from the

forms. Action: no action.
See responses to

comments G5. And

SLR

- 9

APA

- 1h APA requests that ADEC r e

- examine each of the newly proposed Title V application forms and

eliminate any information requests that are not required by the Title V program. Action: The Department merged the descriptive fields into a single application field requestingAlaska Department of Environmental Conservation Page 22 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

“ Stationary Source Description (a thorough description of the stationary source, its processes, raw materials, operating scenarios, and other specific information that may be

necessary to
determine the applicability of Title V requirements.) The information may includ e
property area or map, number of employees, maximum capacity, and other primary

emission

- generating

activities co

- located or on adjacent properties.”
See response toAlaska Department of Environmental Conservation Page 23 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

comment G5.

APA

- 2 Design Forms per Rule. Rather than per Emission Unit

The proposed Title V application forms are currently designed so that each emission unit (EU) must be listed separately, with rule applicability repeated over and over for each EU. This is a very cumbersome approach to a Title V permit application. Many stationary so urces have multiple units with the same make, model, and emission profile, and completing the same form multiple times with the same information is repetitive and unnecessary.

APA requests that ADEC consider re

- designing the forms so that they are based on rule applicability for all units at the stationary source. For the vast majority of Alaska sources, there are only a handful of potentially applicable requirements

- 18 AAC 50.055(a)

- (c), NSPS Subparts De, Kb, GG, KKKK, IIII, JJJJ, and MACT Subparts JJJJ JJ, and ZZZZ. ADEC could create forms for this limited number of standards, along with a generic applicable standard form that could be used for all other rules for which a specific form had not yet been created.

This per

- rule approach would help the appl icant identify applicable standards, and it would better match the current operating permit structure where the standard is listed followed by each EU subject to it. These redesigned forms would allow for multiple units to be listed together if they are

i dentical, which would help to streamline the application process.

Also, since each regulation has defined applicability triggers expressed in specific units of measure, designing the application forms by rule would help clarify how engine specification dat a should be presented in the application forms. For example, rules related to RICE engines are typically triggered by a horsepower rating, while rules relating to turbines and boilers typically are typically triggered by rated heat inputs (MMbtu/hour). B eing able to specify the exact data format in each

per

- rule form would help clarify the application requirements, thereby eliminating time

- consuming

follow

- up requests for data after an application has been filed. Action: modified

instructions to allow

ide ntical units to be

combined on one

form.
See response to

comment G4.
Regarding units of measure, as the

commenter notes,
various federal rules (RICE MACT) require size or rating while others (Boiler MACT) require heat input capacity. The appropriate en try should be provided.Alaska Department of Environmental Conservation Page 24 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

APA

- 3 Distinguish Significant and Insignificant Emission Units

Pursuant to 18 AAC 50.326, certain insignificant EUs are specifically excluded from being required in a Title V application. Yet, the proposed B

- Series Forms require that each EU at the source be included in the Title V permit application regardless of whether the unit is insignificant, unregulated, or both. While 18 AAC 50.326(d)(4) states that an application cannot omit information needed to evaluate fees, the cost borne by utilities to collect and report the actual and potential emissions from insignificant sources far exceeds the negligible amount of revenue that ADEC may generate through emission fees on insignificant units. APA requests that ADEC revise the form s to allow an applicant to distinguish between significant and insignificant EUs throughout the Title V application.

ADEC should not require emissions estimates from tanks storing low vapor pressure products, such as distillate fuels. Such tanks represent the vast majority of units in Alaska and are all insignificant, even at bulk storage facilities. ADEC can easily verify the very low emissions using the TANKS program, and a hypothetical case of a very large tank (e.g., 1,000,000 gallons) and a very high throughput (e.g. 20,000,000 gallons per year). Emissions from such a grossly excessive scenario are still less than 1 tpy VOC. Virtually all typical distillate tank emissions are less than 0.1 tpy VOC. Further, distillate storage tanks are exempt from f ederal emission standards and have no applicable requirements. APA believes there is no reason for ADEC to require such extensive data on these tanks as part of the Title V permit process.

After an applicant lists each EU that is insignificant on an emission rate basis or on a size/production rate basis in Form B, the proposed B1 through B9 Forms should then only be required for regulated, significant EUs. Action: Form B has

been modified to add a separate page for insignificant

units.

Form D1 has be en modified as follows: For insignificant emission units, expected actual

annual emissions are only required if

the unit is an insignificant unit on

an emission rate

basis under 18 AAC 50.326(e) and potential annual

emissions exceed

80% of the

thresholds i n 18 AAC 50.326(e)(1

- 15).
All applications containing insignificantAlaska Department of Environmental Conservation Page 25 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

pollutant emitting

activities shall

include those

emission units

under 18 AAC 50.326(d)(3) & (4).

Based on the

submitted

information the Department will

determine whether IEU categorizati on and emissions require further investigation.
The Department has

found that emission

units are sometimes

modified without applying for appropriate permits. Also, emission units

are sometimes physically removed,

but remain in the permit because theAlaska Department of Environmental Conservation Page 26 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

permi ttee does not provide an accurate

emission unit inventory. The explicit requirement

to list each emission unit at the stationary

source is intended to

assist both the permittee and the Department.

APA

- 4a Eliminate Redundant and/or Unnecessary Information Requests

In general, if information is already required in one form, then an applicant should simply be able to reference that part of the application rather than repeating that information over and over throughout the application. Action: modified

instru ctions to allow

cross

- referencing

between forms for

identical

information.
See response to

comment G3.

APA

- 4b Proposed forms A2, A4 and B2 require information that is already reported in the emission

calculations, if relevant. Proposed Form A2 requires the maximum hourly and annual capacity to be reported, while this is already reported in the emission calculation s. Proposed Form A4 requires the applicant to submit process information in the form of production, fuel usage, and raw material usage, which if relevant would already be included in the emission calculations. Proposed Form B2 requires fuel usage and maxim um hourly firing rate, but again this information would be included in Action: modified

instructions to allow

cross

- refer encing

between forms for

identical

information.Alaska Department of Environmental Conservation Page 27 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

the emission calculations, if it were relevant. Requiring this information again in Forms A2, A4 and B2 is repetitive and unnecessary. Forms A2 and A4

have been modified to suggest capacity and process information as part of the stationary source description, rather than require

it.
See response to

comment G3.

APA

- 4c The proposed forms als o require multiple signatures by the Responsible Official throughout the

entire application. Requiring multiple signatures and certification statements is repetitive and unnecessary. APA suggests that ADEC redesign the application package so that the cert ification statement can be made with only one signature by the Responsible Official, rather than including the certification statement within each of the separate forms. Action: no action.
See response to

comment G3.

APA

- 4d Also, each page of the propose d form requires the applicant to input the stationary source name and

permit number. Since these forms will likely be used in a fill

- in PDF format, the applicant is then required to manually input the stationary source name and permit number over and over on every single page of the application. APA recommends that ADEC remove this cumbersome requirement. A stationary source can provide its name and permit number information once on Form A1, and then submit to ADEC a bound application as one single document . By requiring a bound application document, ADEC would avoid having different pages of one application separated and confused with another stationary source's application. If ADEC must require identifying information on each page, then it should either be the stationary source name or the permit number, but not both. Action: forms modified to require only the permit

number on the first page of each form.
See response to

comment SLR

- 2.Alaska Department of Environmental Conservation Page 28 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

APA

- 4e The proposed application instructions also require the applicant to manually number each page of

the completed application, which is another cumbersome exercise. While it is understood that different stationary sources will use different sets of forms, ADEC should simply use the numbering system currently incl uded in the forms as they are. If additional pages are needed, then the instructions can require that the page number for that form be electronically updated accordingly. Action: instructions

modified to remove the requirement to number the pages of the ap plication. The pages of each form

should be numbered , i.e., Form D, pages

1

– 5, etc.

APA

- 4f In addition to the cumbersome administrative requirements imposed by the newly proposed

application format, the new application forms also require re

- submittal of information that had already been provided to ADEC. If the intent of the new application forms is to increase efficiency, then the forms should be clarified and streamlined to allow the efficient preparation of a Title V permit application. When support ing information is not necessary or is inapplicable, then that additional supporting information should not be required in the Title V application forms. Action: no action.
See response to

comment G6.

APA

- 4g Proposed Form A3 asks for different alternate operating scenarios that may trigger different

applicable requirements than those to which the source is otherwise subjected; yet most stationary sources do not require multiple operating scenarios in their Title V permit. The proposed application

forms sh ould be better designed to prevent the re- submittal of supporting information that is not required, and avoid the need for applicants to prepare alternative operating information when their stationary source does not choose to have more than one operating scenario. APA requests that ADEC identify which components of each form are only required “if applicable” and clarify the forms language accordingly. Action: instructions

modified to indicate “not applicable” may be appropriate

for some applications.

If a specific

schedule is used to limit emissions, orAlaska Department of Environmental Conservation Page 29 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

change rule applicability, then it

should be described

here.

APA

- 4h After an initial Title V permit has already been issued, a Title V renewal application should only

focus on any changes from the previou s permit rather than requiring repeated submittals of supplemental information. Title V renewal applications should be more streamlined and quicker to process than an initial Title V permit, and the proposed application forms could be clarified to better

r eflect that. Action: no action.
We agree that renewal applications

should be more

streamlined with the

new forms. Previously

submitted forms for

those elements of the facility that have not changed can be

resubmitted as is.

APA

- 4i The proposed Title V a pplication forms require a significant amount of information to be transferred from an external source into the ADEC forms, such as EPA TANKS output file into Form B4, or from live Excel spreadsheets into the D series forms. Transcribing data can require a substantial amount of time, especially if the format of the ADEC form is inconsistent with the format of the original, external source. The proposed forms should not require information to be transferred, but rather should continue allowing an applicant t o reference the detailed TANKS output file, or a live Excel spreadsheet that already contains all the parameters needed to process a permit application. If ADEC requires a standard format for the live Excel spreadsheets or desires a specific format for the summary of total stationary source emissions, then ADEC can simply provide that guidance in the Action: instructions modified to accept

external data outputs and Excel spreadsheets.
See responses to

comments G7 and

SLR

- 3.Alaska Department of Environmental Conservation Page 30 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

forms' instructions. Requiring a redundant transcription of information into separate forms is an inefficient use of time, and potential source of transcriptio n errors.

APA

- 5 Provide a Six

- Month Delay for the Effective Date

If these newly proposed Title V permit application forms are implemented, APA requests that

ADEC allow for a six

- month delay in requiring use of the new application format. Providing a six

month delay from the new rule's effective date is a common practice by EPA when it implements new regulatory requirements. Under standing the new application format and forms, and preparing information according to the newly required forms will take time. Providing a delayed effective date allows current applicants to proceed with submitting their Title V permit applications in a ti mely manner, while also providing advance notice to future applicants of the new application requirements.

It is unreasonable for ADEC to require utility staff who are currently working on Title V permit applications for stationary sources to rewrite their entire permit applications according to a newly adopted format. Reasonable flexibility should be provided to stationary sources currently engaged in the permit application process. Providing a six- month delay in the effective date of this regulatory

cha nge would provide that needed flexibility for stationary sources currently engaged in Title V permit applications.

APA is extremely concerned over the potential compliance problems that could arise if the forms become effective upon adoption into AAC regul ations without a delay in effective date. If the new Title V permit application requirements are adopted into regulation on February 28, 2012 when a utility is required to submit their permit application no later than March 5, 2012, then the utility

would only have 5 days to rewrite their entire permit application according to the new format. If the utility staff or their consulting team is unable to rewrite and submit a timely and complete application to ADEC according to the new application format before their required deadline, then Action: Use of the

forms will not become mandatory

until six months

after the effective

date of the regulations.
See response to

comment G2.Alaska Department of Environmental Conservation Page 31 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

the stationary source would no longer qualify for a permit shield. Losing a permit shield would require a utility to either stop operations at their stationary source, or risk becoming a high priority violator for operating th eir power plant without an operating permit when their current Title V permit expires six months later.

The arbitrary implementation of a new application format should not force a utility into a situation where it would have to either shutdown operations at its power plant, or face penalties imposed on violators. Providing a reasonable six

- month delay in the implementation of the new application

format would avoid this unfortunate situation.

AOGA

- 1 In the August 25, 2011 proposed amendment to 18 AAC 50.326(c), ADEC has included language

indicating that “an applicant for an operating permit, modification, or revision to an operating permit, or renewal of an existing operating permit shall use the Title V Standard Application and Forms, adopted be reference in 18 AAC 50.035(a)(9). (emphasis added)

Section 502(b) of the Clean Air Act (CAA) requires EPA to promulgate regu lations establishing minimum elements of the Title V permit program, with one of these elements being a standard application form. The Alaska Statute mirrors this requirement under AS 46.14.140(a)(1), directing the ADEC to adopt regulations addressing ele ments of the emission control program, including a standard application form that meets the requirements of Section 502(b) of the CAA. EPA addressed the above CAA directive in 40 CFR 70.5(c) and 71.5(c). In both cases, EPA requires the development of a st andard form by the permitting authority. However, neither Part 70 nor 71 require the owner or operator of the Title V source to use the forms developed by the administrator. At 40 CFR 70.5(a)(2) and 71.5(a)(2), an application is deemed complete if it provi des all the information required by 40 CFR 70.5(c) or 71.5(c), as applicable. Use of the form is not specified.

In the 18 AAC 50 rule package, we suggest the ADEC insert clarifying language similar to that found in the State of Washington Title V program at WAC 173

- 401

- 500(7)(a), which states the use Action: no action.
See responses to

comments G1 and

G5.
Adopting the forms as optional does not

meet the Department’s goal

of standardization and efficiency improvements since not all applications

would be in the

same format. The

forms will be required.
Specific data itemsAlaska Department of Environmental Conservation Page 32 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

of a standard application form is not required if all of the data elements required in the application form and relevant to the stationary source are provided. AOGA believes this approach is consistent

with 4 0 CFR 70.5(a)(2) and 71.5(a)(2).

Alternatively, AOGA believes that ADEC could insert additional language into the proposed revisions to 18 AAC 50.326(c) that allow the use of an alternative application format by an applicant if approved by the Department f or that applicant, and provided the Department agrees in principle and would be willing to grant such an approval on a reasonable basis. (See our specific requested rule language revisions in comment 2, below.)

Importantly, whether the ADEC requires the us e of specific forms or simply references in regulation the required form data elements that are to be included in an application, the forms themselves must contain only information required to deem the application complete as discussed in comments 5 and
6, below. Further, AOGA formally requests that ADEC explain in the public record how each individual data element that we have identified as unnecessary, but ADEC believes to be necessary and does not remove from the forms, is or will be specifically used t o develop or renew Title V permits. identified as unnecessary in

comments are
discussed in that
comment response.

AOGA

- 2 We request that if ADEC elects to require use of the standard application and forms, ADEC allow

for at least a th ree month delay in making the Title V application forms required, but would prefer a 6 month delay due to the time that could be required to transfer an application for a large stationary

source to the forms. Deferral of the effective date of a rule is co mmon practice by EPA. For example, 40 CFR 63 Subpart ZZZZ (Subpart ZZZZ) regulations were modified on March 3, 2010 and EPA delayed the “effective” date of the rule to two months later, May 3, 2010, in order to give

affected facilities time to come into co mpliance.

Importantly, if the forms become effective upon adoption into regulations, there could be potential

non

- compliance for a source immediately upon the date of the rule change. For example, if the Action: Use of the

forms will not become mandatory

until six months

after the effective

date of the regulations.
See response to

comment G2.Alaska Department of Environmental Conservation Page 33 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

forms are adopted into regulation on February 28, 2 012 and a stationary source is required to submit a permit application no later than March 1, 2012, the stationary source would only have 1 day to complete the forms. If a timely and complete application is not submitted before the required deadline, the stationary source will no longer qualify for a permit shield and either must stop operations or become a high priority violator for operating a stationary source without a Title V permit when the permit expires (6 months after the required submittal deadli ne). If the stationary source opts to shutdown the stationary source until a Title V permit can be issued or a compliance order by consent is agreed upon, the operations may be shut down for a period of months to years. If the stationary source opts to c ontinue to operate without a Title V operating permit, the stationary source would be a high priority violator (HPV). A HPV is subject to enforcement actions and severe penalties. Allowing a delay in the “effective” date of the requirement to use the Titl e V standard application forms could help to avoid both situations.

We understand that once the Commissioner signs the regulation into law, there will be a 30 day window before the Title V standard application forms would become a regulation. However, dur ing those 30 days the Department of Law (DOL) can make changes to the forms. So even if a permittee were to prepare the forms ahead of time, DOL could make significant enough changes that the forms would need to be completely redone. And continuing with t he scenario described above, 1 day would not be or even 30 days may not be enough time to complete the forms and submit them timely.

The rule revisions we propose below would address this issue as well as our previous comment requesting that use of the for ms should not be required. The following is our preferred revision to the regulation: “An applicant for an operating permit, modification or revision to an operating permit, or renewal of an existing operating permit shall use the Title V Standard Applica tion and Forms, adopted by reference in 18 AAC 50.035(a)(9), unless the applicant has received approval from the department to use a stationary

- source specific application format. To be deemed complete,Alaska Department of Environmental Conservation Page 34 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

the application must include all information outlined in the Title V Operating Permit Application Completeness Checklist, which is included with the Title V Standard Application and Forms package.”

Alternatively, the rule language could be amended as follows to at least address deferral of the

effective date : “An applicant for an operating permit, modification or revision to an operating permit, or renewal of an existing operating permit shall use the Title V Standard Application and Forms, adopted by reference in 18 AAC 50.035(a)(9), beginning no later than [6 months after the effective date of the amended regulation].”

AOGA

- 3 Based on our experience, the minor air quality permit application forms created by the ADEC did

not streamline the application process and instead made the application process more burdensome for both the permittee and ADEC. More information requests appear to be required to complete the appli cation process, not less. In many cases, the information requested is only necessary to complete the form, not to develop the permit, resulting in a “fill in the box” approach that is inefficient. We believe that the forms as currently proposed could be streamlined to improve their administrative efficiency and still meet the needs of the ADEC Title V program. Some requested improvements

are included in our comments below. Action: no action.
The Department

intends the Title V permit application

forms to be efficient

for both the applicant as well as the Department by making most

information

available in the application from the start. Unique circumstances may require additional

information
requests.Alaska Department of Environmental Conservation Page 35 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

The Department may revise the

forms later based

upon lessons

learned from the first few cycles of application

submittals with the

forms and additional industry input.

AOGA

- 4 We suggest that where the requested information must be generated externally before being listed in

the application form, e.g., emissi ons calculations prepared in Excel spreadsheets, the associated form be either eliminated or significantly simplified by stating only the required elements, and referencing the external information source, which would be required as an attachment.

For exam ple, Form B4 requires a significant amount of information to be transferred from an external source into the forms (e.g., from the EPA TANKS output file). Transcribing such a large amount of data can cause significant delays if the format of the form is i nconsistent with the format of the information from the original, external source. Such inconsistencies have been observed when using the Minor Permit forms and have caused significant delays in obtaining minor permits by prompting a series of information requests. We suggest redesigning the forms to eliminate the transfer of information, and to allow the permittee to reference the “detailed” information attached to the application such as the TANKS output file containing all the tank parameters. We find this approach superior because transferring the information to the forms is unnecessarily time consuming, and subject to error. The forms are better served for bringing together in one place Action: instructions modified to accept

external data outputs and Excel spreadsheets.
See responses to

comments G7 and

SLR

- 3.Alaska Department of Environmental Conservation Page 36 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

information that was obtained from several sources or documents, e.g., emission standards applicable to an emission unit.

AOGA

- 5 The Series B Forms B1

- B9 as currently drafted require the permittee to obtain and incorporate into

the application very detailed emission unit information, the majority of which will not be utilized by ADEC to determine federal or state air quality rule applicability, estimate assessable emissions or prepare the permit. We strongly believe that information not directly used to develop the permit should not be required by the forms because the forms are being established to verify the completeness of the application. The issue of completeness is a critical one. As the ADEC is aware, the permittee cannot lawfully operate a Title V source without a valid Title V permit or permit application shield, the latter requiring a complete application.

We request that ADEC be very careful not to create incompleteness issues related to extraneous, unnecessary or redundant information. Because the forms do not otherwise differentiate between critical and noncritical data, we conclude that every applicable blank must be filled by the applicant, or the application will be deemed incomplete. Alternatively, ADEC would need to train staff to judge which information is actually required for completeness. By doing this, ADEC would then clearly establish that some of the information required by the forms was indeed irrelevant to

eval uating completeness.

More practically, we believe the forms should be streamlined, and only require information directly related to the completeness determination. Collecting data that is extraneous is a significant burden to both the permittee and ADEC s taff because its presence unnecessarily complicates and lengthens the forms. We can think of no reason how such an approach will improve/ streamline the Title V permitting process, which we assume is a key ADEC goal. Action: instructions

modified to indica te “not applicable” may be appropriate

for some applications.
See response to

comment G5.

AOGA

- 6 We also note that although ADEC provided for some differentiation between initial and renewal

applications, the forms are generally more appropriate for an initial application. We suggest that Action: modified

instructions toAlaska Department of Environmental Conservation Page 37 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

ADEC revise the forms and instructions to better clarify and establish the information required for initial versus renewal applications, or prepare a completely different set of forms for renewal applications. clarify what is required for initial

versus renewal applications.

AOGA

- 7 Further to our previous comment, as currently directed, permittees with Title V Operating Permits

already in place and who would now be required to complete the forms cannot take advantage of the Department’s direction suggesting that forms submitted previously that are unchanged need not be submitted again with a permit renewal application. Since in every case these forms have never been completed previousl y, all permittees will be required to prepare the next permit renewal application after the effective date of the rule as if it were an application for an initial permit, with extraneous data requests that clearly were not critical for preparation of the T itle V Operating Permits that are already in place. We request that ADEC include a provision in the instructions for permit renewal applications indicating that the instructions for permit renewal form requirements can be followed as

if a standard form ha d previously been used with the initial permit application, even if the standard forms were not used previously. In other words, submittal of a form as part of any permit renewal application for existing permits issued prior to the rule change would only be necessary to document changes to the source, applicable requirements, non

- applicable requirements, etc. Action: no action.

The first time applicants renew existing Title V permits, they will

need to submit the completed forms. The Department recognizes this will require effort on the part of the permittee but anticipates both the Department and the permittee will

benefit in th e long

term from having the application

materials in a

standard form.

See also the
responses toAlaska Department of Environmental Conservation Page 38 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

comments G3 and

G6.

AOGA

- 8 A signature by the Responsible Official is required by Forms A1 and A4. For a renewal permit, the

permittee is required to fill out Form A4. However, if any changes have been made to the information contained in Form A1, the permittee must also fill out Form A1. Instead of including the certification statement within the forms, we request that ADEC state in the instructions that the application must include a signature by the Responsible Official following the certification statement. We request that if information is already required in one form that the permittee may just reference that part of the application. Action: modified

in structions to allow

cross

- referencing

between forms for

identical

information where necessary detail is

included in

referenced location.
See the responses to

comments G3 and

G6.

AOGA

- 9 Each page of each form requires that the permittee input the stationary source name and permit

number. Since this going to be a fill

- in PDF form, the permittee will have to input the stationary source name and permit number on every page. Please remove the requirement to state the stationary source name and permit number on every page and just require the information be included only on Form A1. Instead of requiring the information on each page, please update the instruction to require that the entire hard copy of the application be bound into one single document. That will prevent the different pieces of the application from being separated and someone confusing one piece of an application as belonging to a different stationary source. Or if ADEC requires identifying information on each page, please only require either the stationary source name or the permit number. Action: Forms modified to require only the permit

number on the first page of each form.Alaska Department of Environmental Conservation Page 39 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

AOGA

- 10 On the first page of the instructions titled “Submitting the Alaska Title V Operating Permit

Applica tion to the Department” it states that:

“Upon completing the application materials, the owner/operator should:

1. Print a hard copy of the application and number the pages of the application sequentially starting with ‘1’ in the top right corner of each page of the application.”

We acknowledge that different applications will use different forms and therefore the numbering of each application may be different. However, requiring manual input of each page number is time consuming and costly. Instead, we r equest ADEC use the numbering system currently included in the forms as they currently are. If additional pages are needed, the instructions can require that the page number for that form be electronically updated. For example, the Form B Supplement

Emis sion Unit

- Specific Shield Request may require additional pages. In this case the permittee would be required to update the page numbers currently located at the bottom right hand corner. This would require that the form allow manipulation of the total num ber of pages and the page

number.

As a separate option to hand entering page numbers, include on the top of each page a field that can be updated for the page number and total number of pages.

The proposed forms will be more difficult for rural stationary sources to use because of their complexity. The forms are repetitive and require information not readily available to most stationary sources, some of which is not used to directly evaluate applicability or emissions (e.g., specific plot lines and acreage ). Action: modified

instructions to

remove the requirement to number the pages of the application. The pages of each form

should be numbered , i.e., Form D, pages

1

– 5, etc.

AOGA

- 11 The permittee should not be required to submit electronic copies on CD, which are being phased out

by the computer industry. Other formats should be allowed, e.g., USB flash memory drive, or email (perhaps to a dedicated email address of ADEC’s choosing). Action: modified

instructions to clarify acceptableAlaska Department of Environmental Conservation Page 40 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

submission media

. Applicants may submit applications via a variety of media, including: CD, data

- DVD, or

USB drive.

AOGA

- 12 As discussed below, some supporting information is unnecessary, except for an initial Title V

application. The instructions state that some inform ation is only required “if applicable.” We request that ADEC identify which components of the forms are only required “if applicable” in the

actual form. Action: instructions

modified to indicate “not applicable” may be appropriate

for some applications.
See response to

comment G5.

AOGA

- 13 To aid an applicant’s intent to be compliant with applicable submittal requirements, these

instructions should include information on what is required to be submitted to EPA. We suggest using language similar to that used in ADEC’s Standard Operating Permit Condition XIV, except that the permittee should be instructed to submit a copy of initial Title V Operating Permit applications as well as applications for modification or renewal (SPC XIV does not address initial

a pplications). In addition, the instructions should provide the appropriate EPA address where copies are to be sent, similar to the standard language that ADEC includes in Title V Operating Permits. Action: instructions

modified to direct applicant to subm it application to EPA
and include EPA’s mailing address.

AOGA

- 14 The instructions for Form Series A seem to provide conflicting instructions and directions regarding.

On the one hand, the instructions indicate that for a renewal application, only certai n forms and Action: instructions modified to clarifyAlaska Department of Environmental Conservation Page 41 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

supporting documentation are to be provided. However, the instruction also indicate in bold font that renewal applications “shall not incorporate reference to any previous permit applications” and “shall be a complete stand

- alone document with all required information”, which implies that a renewal application must include all information that was provided in the initial application. We request that ADEC remove or modify the language indicating that each application must be a complete stand

alo ne document. The forms proposed by ADEC (at least those in Series A) suggest that the intent is not to require submittal of all forms with a renewal application. requirements.
Once the permittee completes the initi al permit package or a renewal application using the standard forms, pages containing

information that has not changed from a previous submission may included in subsequent renewal packages. Each subsequent renewal package must be complete, and

contain al l required

forms.

AOGA

- 15 Although it is not a requirement of 40 CFR 71.5(c), we request that ADEC include on Forms A1 and

A4 a location to enter the NAICS code of a source. This could be included in the instructions as an optional entry. The NAICS code s are used as part of the applicability determination for risk management plans (40 CFR 68) and are used in the emissions inventory reporting rule. The NAICS codes are intended to eventually replace the SIC codes (although that may never happen given the number of rules that refer to the SIC codes). Action: form and

instructions

modified to include

NAICS code.Alaska Department of Environmental Conservation Page 42 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

AOGA

- 16 Form A2, items 2, 5, 6, and 7, requires the submission of property area including a plot plan,

regional map, and a USGS map. This information is not used to develop the operating permit. While the information may be required to obtain a minor permit or PSD permit, those are Title I permitting actions. Title V permits do not require modeling and knowing the area, terrain, and

elevati ons of the stationary source is not required for permit/rule applicability determinations. We are concerned that ADEC would apparently deem an application incomplete if such information is not included but yet the information is unnecessary to develop the permit. While we understand that ADEC may want this information for different reasons, 18 AAC 50.326 requires that Title V applications include the information contained in 40 CFR Part 71 except as specified in 18 AAC 50.326(b) through (k). 18 AAC 50.32 6(b) through (k) deal with modifying definitions; stating that 40 CFR 71.5(a)(i)

- (ii), (a)(3), (c)(11) and (d) do not apply; specifications of what constitutes an insignificant emission unit; required permit content; and how the permit is to be reviewed an d

issued.

ADEC’s proposed Title V Operating Permit Application Completeness Checklist outlines the requirements of 40 CFR Part 71.5(c). The list of required application elements found in the checklist/§71.5(c) does not include data such as the property are a, plot plan, or regional/USGS maps.

As noted in 40 CFR 71.5(c)(3)(ii), (iv), (vii), and (c)(5) and adopted in 18 AAC 50; only information required to determine rule applicability or to determine the applicable requirements of the Act are required to be in a Title V application. Therefore requiring property area including a regional map, USGS map, area, terrain, and elevations of the stationary source is not required for Title V permit/rule applicability. We request that ADEC remove all information from t he forms that is strictly used for Title I permit applications. Action: instructions

modified to indicate “not applicable” may be appropriate

for some applications.
See response to

comment G5.
The Department’s authority to require specific information

b e included for an application to be deemed complete stems from §71.5.

While the items in §71.5(a)(2) are required for completeness, §71.5

does not limit completeness to

these items. The section also gives the Department authority to develop

a standardAlaska Department of Environmental Conservation Page 43 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

appl ication package
to “best meet the program needs and

administrative efficiency.” The Department is also

authorized to request additional

information under

18 AAC 50.200.

In addition, AS 46.14.150(a) states that the applicant
“shall submit the required appl ication

and other

information required by the Department by regulation” and

authorizes the Department to require more

information than the

minimum elements required in §71.5.Alaska Department of Environmental Conservation Page 44 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

AOGA

- 17 Form A2, item 4, requires the maximum hourly and annual capacity to be reported. This

information is required where necessary to complete emission calculations and is included with those emission calculations. Requiring this information in Form A2 is repetitive and unnecessary. Action: forms modified to suggest

this info rmation as part of the stationary source description, but not require it on Form

A2.
See response to

comment G3.

AOGA

- 18 In summary of our comments 16 and 17, we request that ADEC delete items 2, 4, 5, 6, and 7 from

Form A2. Action: no action.

See the response to
comments AOGA

16 and AOGA

- 17.

AOGA

- 19 Form A2, item 1 bullets 3 and 4, requests the permittee include a description of any proposed

modifications that will occur in the future and any proposed construction that the permit will need to

address. Operating permits address requirements applicable at the time of permit issuance. Future, hypothetical changes at a stationary source are not required to be included in a Title V permit application. However, we acknowledge that this information would be pertinent if a Title V application was prepared and submitted in concert with a Title I application or if a Title I permit had not yet been issued by ADEC in response to a Title I permit application that had previously been submitted by the permittee. Pr oviding this information would help to tie together the two separate applications. We request a modification to the instructions for Form A2 to include the following prior to the last two bullets under item 1

– “If a Title I construction or minor permit a pplication is submitted along with this Title V application or the owner/operator has previously submitted a Title Action: no action.
Including any

known proposed

modifications in the application will

assist the Department with

emission

calculations and determining applicableAlaska Department of Environmental Conservation Page 45 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

I application and the Department has not yet issued the resulting Title I permit, then provide the following additional information:” regulations.
If a permittee has

pre

- approved changes authorized under a PAL permit

or flexible air permit that are known and pre

planned, or a minor permit application being developed, the applicant should

include these changes in the permit application.

AOGA

- 20 This Form [A3] should be optional, and is unnecessary for what ADEC describes as the “base

operating scenario,” a term not referenced in Part 70/71. Permittees can easily describe their very general, “base” scenario in Form A2, Source Description. Form A3 allows for the application to include different alternate operating scenarios that trigger different applicable requirements than to which the source is otherwise subject. Most stationary sources do not require multiple operating

scenarios in their Title V permit making this form only applicable to a select few stationary sources. We request that ADEC only require that this form be completed if the stationary source chooses to have more than one operating scenario. Action: instructions

modified to indica te “not applicable” may be appropriate

for some applications.
Sources operating under multiple operating schedules must provideAlaska Department of Environmental Conservation Page 46 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

operating schedule

information for the Department to

determine or regulate emissions.
If no specific operating schedule

is use d in the

emission

calculations other than the 8,760 hr/yr assumption or as required in §71.5(c)(7), then

this section can be
marked “not applicable.”
If a specific

schedule is used to limit emissions,

then it should be

described here.

AOGA

- 21 Form A4, i tem 5, requires the permittee to submit process information in the form of production,

fuel usage, and raw material usage. This information, if relevant, is required to complete emission calculations and is included with those emission calculations. Requ iring this information in Form Action: Form A2

has been modified to suggest thisAlaska Department of Environmental Conservation Page 47 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

A4 is repetitive and not necessary. information as part of the stationary source description.

A renewal application only

needs to include a

Form A2 if there have been changes

to this information since the previous permit (item 3 of Form A4).
See response to

comment G3.

AOGA

- 22 Form A4, item 7, requires the permittee to report the number of employees. While it is understood

that the definition of a Responsible Official can chan ge depending upon whether a stationary source has more or less than 250 employees, it is not an element required to determine rule applicability and should not be a completeness issue as it is not an application element as described in Comment 16.

If ther e are questions about whether a person claiming to be a Responsible Official, ADEC should handle that designation outside of the Title V application process. If ADEC decides to retain a request for this information, we request that it be included as part of Form A1 or Form A2. Form A4 is intended specifically for permit renewal applications. It seems unusual that ADEC would request this data as part of a renewal application, but not as part of an initial permit application. Action: Form A2

has been modified to suggest this information as part of the stationary source description.

A renewal application only

needs to include a

Form A2 if there have been changesAlaska Department of Environmental Conservation Page 48 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

to this information since the previous permit (item 3 of Form A4).

See re sponse to
comment G3.

AOGA

- 23 Form A4 instructions indicate that the current permit as well as any permit addendums issued since

the permit was issued should be gathered by the owner or operator. It seems to us that the “current” Title V permit would inc lude all of the permit addendums, making it unnecessary to gather the original permit if it has been amended. We suggest deleting the third bullet at the top of page 1 and amending the first bullet as shown in our redline strikeout edits to this page. Act ion: no action.

Not all minor permits may have been incorporated
into the “current” Title V permit as of

the date that the renewal application is submitted, so those permit

elements should be provided as part of the application package.

AOGA

- 24

a Other g eneral issues we have identified on the Form A4 (renewal application) instructions include:

a. The opening paragraph says that renewal applications are due twelve (12) months prior to the expiration date of the permit. The correct requirement is no sooner than 18 months and no later than 6 months prior to the expiration date of the permit. Action: modified text to correctly

describe the application requirements.Alaska Department of Environmental Conservation Page 49 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

AOGA

- 24

b b. The second bullet at the top of page 8 says to gather “a compliance certificatio n for the

stationary source”. We suggest that it would be most relevant to gather the most recent compliance certification. Action: modified

text instructions for clarity on requirement.

In order to create a complete application, the applicant must

submi t a complete compliance certification as part of the application.

AOGA

- 24

c c. The third paragraph on page 8 provides instructions for submitting a renewal application to

ADEC. We request that the form also include instructions for submitting a renewal application to EPA. See also our comment 13 for suggestions on how to address this. Action: instructions

modified as suggested.
See response to

AOGA

- 13.

AOGA

- 24

d d. The fifth paragraph on page 8 provides information about the schedule and process for

deeming an application complete, including the potential need to submit an amended application. Since this is information pertinent to any type of application, not just a renewal application, we request that ADEC move this paragraph to page 1 of the Form Series A instructions. Action: instructions

modified as suggested.

AOGA

- 24

e e. The instructions for Item 1 of Form A4 indicate that the stationary source fax number is to be

included on the form, but there is no place on the form to enter the fax number. There is also no requirement to include the fax number for an initial Title V pe rmit application under Form A1. Action: instructions

modified as suggested.Alaska Department of Environmental Conservation Page 50 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

We suggest removal of the instruction to include a fax number for the source.

AOGA

- 24

f f. The instructions for Item 9 of Form A4 on page 9 refer to “18 AAC 50.500”. Since there is

no such entry in the rules, we suggest, based on our understanding of the intent, a change to the language so that it states “18 AAC 50, Article 5” instead. Action: instructions

modified as suggested.

AOGA

- 24

g g. Items 11 (40 CFR 64) and 12 (40 CFR 68) of Form A4 should be stated on specific forms

and instructions that pertain to these rules and as part of an initial permit application, not as requirements that need only be addressed as part of a renewal application. Action: instructions

modified as suggested.

AOGA

- 24

h h. Item 20 asks if a request is being made to change “the non

- applicable requirement

conditions”. We do not understand this instruction. If the requirement is non

- applicable, it would not be included as a condition in the permit, unle ss ADEC is referring to the permit shield condition. Please clarify item 20 instructions and item 20 on the form. Perhaps the instruction and form should refer to the appropriate Form Series C form and request that the entry in item 20

would be to list th e emission unit where a change in the non

- applicable requirements is to be made in the permit, not the condition. Action: instructions

clarified.

Non

- applicable conditions may not

have been included in the previous permit based on changes to federal rules, for example,

RICE MACT.

AOGA

- 25 AOGA has also suggested changes to the Form Series A instructions and associated forms which we

believe better clarify intent. See our proposed edits to the instructions and associated forms included

in the redline

/strikeout edits provided with these comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individualAlaska Department of Environmental Conservation Page 51 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

redline comments

here. Refer to final

forms for

modifications incorporated.

AOGA

- 26 Form B does not distinguish between significant and insignificant emission units. We request that

ADEC update the form to allow the permittee to distinguish between significant and insignificant

emission units. Action: Form B has

been modified to

create a ne w page for insignificant

units.
See responses to

comments G5 and

SLR

- 14.

AOGA

- 27 The instructions for Form A4

– Renewal Application, indicate that only Form A4 is required if there

are no changes to incorporate into the renewal permit. However, the Form Series B instructions state that “Form Series B must be completed for each initial and renewal application...” AOGA believes that the Form A4 instructions are appropriate for a renewal application, and we have proposed changes to Form B instructions that e liminate the inconsistency, and for renewals, require Form Series B only for emission units that were not identified in the original or most recent Title V application, or that have been modified since the original or most recent Title V permit was issued. We also made appropriate changes to Form B. See our redline/strikeout edits provided with these

comments to the forms. Action: clarified

instructions for

renewal applications.

AOGA

- 28 The Form B Series instructions as well as instructions for Form Series C and E include discussions

pertaining to a requirement to include “all state and federal standards applicable and non applicable Action: clarified

instructions.Alaska Department of Environmental Conservation Page 52 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

to...” indicating that all “must be identified”. (emphasi s added) It is not a requirement of the Title V program that a permittee identify all non

- applicable requirements. That would be excessive and certainly unnecessary. A literal read of the language in the instructions would be impossible to comply with. T he requirement is better stated in the opening paragraph of the section pertaining specifically to identification of non

- applicable requirements, where it states that “regulations for which the owner/operator would like a permit shield should be identified ”. This is a much better description of the requirement. We request that ADEC rewrite the opening paragraph of the section titled “Applicable and Non

- Applicable Requirements” as well as the opening paragraph of the section titled “Reasons for Regulatory Applicability Determinations” to better reflect the intent as stated in the opening paragraph of the section titled “Non

- Applicable Requirements”. ADEC does not intend to require the applicant to identify

every non

applicab le regulation for the stationary source,

but it would be appropriate to identify those regulations which might cast some

doubt on their applicability or may initially appear to be applicable and a description of why they are not, similar

to the information ADEC places in their Title V permit

statements of basis.

AOGA

- 29 Identification of emission unit specific applicable requirements is currently embedded in the

emission unit data Forms B1

- B9. This approach causes a great deal of redundancy because many air quality requirements are widely applicable, e.g., the emission standards in 18 AAC 50.055 apply to all fuel burning equipment, and therefore must be repeated for every heater, boiler, engine, and Action: no action.
See response to

comment G4.Alaska Department of Environmental Conservation Page 53 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

turbine at the source. Instead of requiring repetitive entry of the same information for each B1

- B9 form and emissions unit, AOGA suggests that ADEC create new “emission unit applicable requirements” forms for each fundamental state and federal standard to be included as part of the Series E forms, along with the “stationary source applicable requirements” Form E1. All emission units subject to the standard would then be listed on the appropriate form. For example, all heaters, boilers, engines and turbines would be listed (based on the EU IDs on Form B) on the form “State of Alaska Fuel Burning Equipment Visible Emissions Standards.” This approach would help the applicant identify applicable standards, and also mirror the format used in the operating permit, where the standard is listed, followed by each em ission unit subject to it.

For the vast majority of Alaska facilities (for which these forms should be optimally designed to address), there are only a handful of potentially applicable requirements

– 18 AAC 50.055(a)

- (c), NSPS Subparts Dc, J, Ka, Kb, GG, KKKK, IIII, JJJJ, and MACT Subparts JJJJJJ, and ZZZZ. ADEC could create forms for these standards, and also a generic applicable standard form that could be used for all other rules (and Title I requirements) for which a specific form has not been created

. This generic form would look very similar or identical to the current applicable requirements form

used for all B Series forms B1

- B9, which is already generic.

Alternatively, ADEC could use the current generic applicable requirements form, but incorpora ted into the Series E forms, rather than attached to each emission unit. The form would be revised only to allow for the identification (listing) of the emission unit or emission units to which the standard applies.

Either approach is workable with AOGA’s proposal that insignificant and significant emission units be listed on Form B, but Series B1

- B9 forms only be required for significant emission units. If ADEC agrees with this approach, the stand

- alone series of revised applicable requirements forms

wou ld allow the identification of applicable requirements for both significant and insignificant emission units by their listing therein. The Department acknowledges the redundancy of the

method chosen but also expects that the

burden to the permittee will not be very great

because of the relative simplicity

of the state emission

standards.
The Department believes developing

individual for ms for many NSPS and

MACT standards would be overly complex and

necessitate an almost complete repeat of each

standard due to the large number of

individual nuances allowed by eachAlaska Department of Environmental Conservation Page 54 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

rule. This complexity would

make a rule

- base approach impractical. Our

cho sen method allows the applicant to cite only the applicable requirements of each standard,

which is much simpler and aids in efficient permit development.

AOGA

- 30 Generally, Series B forms require data that is not directly used by ADEC to determine rule

a pplicability or estimate emissions. For example, the serial numbers for each emission unit located onsite. Serial numbers are not used for rule applicability, and often are representative of only a component of an emission unit, or a package for which th e emission unit is only a part of, not the emission unit itself. AOGA can find no basis for determining an application without this information as incomplete. Action: no action.

Serial numbers are requested by ADEC to track changes

made at the stationary source and ensure that ADEC has an up

- to

date database of the

actual emissionAlaska Department of Environmental Conservation Page 55 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

units at the stationary source.

AOGA

- 31 The B Form series requires that each emission unit at the source be included in the Title V permit

application regardless of whether the unit is insignificant, unregulated, or both. For example, the forms as presently instructed would require very detailed information on small, unregulated tanks that contain volatile organic or petroleum liquids. 18 AAC 50.326 specifically excludes certa in insignificant emission units from being required in the application. While 18 AAC 50.326(d)(4) states that an application cannot omit information needed to evaluate fees, emissions from insignificant emission units are accepted by ADEC and industry to b e negligible, and the cost of collecting the necessary data to rigorously document actual and potential emissions from insignificant sources and the cost of ADEC to verify the emissions would far out way the revenue

ADEC would receive from them. Assessabl e emissions and fees are collected by ADEC mainly to pay for the Title V permit program. ADEC procedure is to conduct a fee study to determine if the fees collected on assessable emissions cover the cost of the Title V Operating Permit Program. If

the fe es do not cover the cost of the operating the program, ADEC increases fees to recover the loss. Requiring stationary sources to include, for example, unregulated lubricating oil storage tanks with potential emissions of perhaps a pound or two, that will no t even be included in the permit, would not add any value to the Title V permit program, and therefore would not justify the additional cost for ADEC or the permittee. AOGA has suggested changes to the forms such that Forms B1

- B9 are only required for each regulated, significant emission unit. The permittee would still need to list each emission unit that is insignificant on an emission rate basis or on a size/production rate basis in

Form B. Action: no action.
See response to

comment G4.
18 AAC 50.326(d), (e), (f) and (g) requires insignificant

emission units to be

included in applications.

Those emission

units identified as insignificant will not be regulated under the permit. Documenting insignificant

emission units in the application s upports efficient inspections by limiting potential

confusion.

AOGA

- 32 B Series forms require that a separate form be completed for each emission unit. Many stationary Action: modifiedAlaska Department of Environmental Conservation Page 56 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

sources have multiple emission units (e.g., heaters) with the same make, model, and em ission profile. Completing the same form multiple times with the same information is repetitive and not necessary. The forms should be revised to allow for multiple units to be listed if identical. We acknowledge that other states typically require a se parate form for each emission unit, but we suggest and request that ADEC improve upon this approach by simply modifying the form to allow all detailed identifying information (EU ID, tag number, etc.) for each otherwise identical emission unit with exactly the same applicable requirements to be listed on a single form. instructions to allow

identical units to be

combined on one

form.
See response to

comment G4.

AOGA

- 33 Form B1 requires the permittee to report the date installed, serial nu mber, steam production rate,

steam pressure, and steam temperature (items 3, 4, 9, 10, and 11). This information is not required for rule applicability and should not be a completeness issue. Both the design rated capacity and maximum hourly firing rate information are unnecessary to evaluate applicability and emissions. ADEC should just require the design capacity, which is used to evaluate NSPS and MACT applicability. Action: no action.
See response to

comment G5.

AOGA

- 34 Although we agree that the firing method should be included in the description of a boiler/heater,

Form B1, item 7, requires “additional information needed to adequately describe the firing method”. This information is not required for rule applicability and should not be a complet eness issue. Action: no action.
See response to

comment G5.

AOGA

- 35 Fuel usage information required by Form B1, item 12, will be included with the emissions

calculations attached to a permit application. A requirement to include that information here is unnecessary and redundant. Action: no action.
See responses to G3

and G5.

AOGA

- 36 The question regarding waste heat (item 13) is unnecessary to evaluate applicability. If ADEC finds

waste heat to be an applicability trigger, ADEC should specify the exa ct situation where the information is a completeness issue. In the form instructions, ADEC uses “glycol dehydrator heat source” as an example, which is confusing because fuel

- fired dehydration unit reboilers typically use Action: clarified example.
See response to

comment G5.Alaska Department of Environmental Conservation Page 57 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

direct heat from the heater, not waste heat.

AOGA

- 37 The form (items 8 and 9) should be redesigned to require design capacity in either hp for engines, or

MMBtu/hr, for turbines, not both. Engine rules base applicability on hp rating, and turbine rules base applicability on heat input. Action: instructions

modified to indicate “not applicable” may be appropriate

for some applications.
See response to

comment G5.

AOGA

- 38 Form B2 requires fuel usage and maximum hourly firing r ate. This information is not typically

required to complete emission calculations, but if necessary is included with those emission calculations. Requiring this information in Form B2 is repetitive and not necessary. Action: no action.
See response to

c omment G5.

AOGA

- 39 Much of the required information in Form B3 is unrelated to rule applicability or emission

calculations (e.g. primary combustion chamber temperature (part of items 10 and 11), gas residency time (part of item 11), maximum flue gas outlet temperature (item 16), incinerator design efficiency (item 19), a diagram of the incinerator (item 21), the energy balance equations for materials incinerated (item 22), etc.). Please revise the form by eliminating all extraneous information,

otherwise ADEC will be forced to declare applications missing any required, yet unnecessary data element, to be incomplete. If there are any elements that are pertinent to rule applicability determination for certain (e.g., newer) incinerators which commenced construction after a cert ain date or dates, then the requirement to provide that data point should be set based on the applicability date of a rule that requires that data and the form should clarify this. It should not be required for older incinerators that are not subject to mo re recent rules. Action: instructions

modified to indicate “not applicable” may be appropriate

for some applications.
See response to

comment G5.

AOGA

- 40 Much of the information requested is produced by the EPA TANKS program, and is listed in the Action: instructionsAlaska Department of Environmental Conservation Page 58 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

TANKS emissions output file, which is required to be submitted as part of the application. AOGA sees no reason to base completeness on a transfer of the detailed tank parameters from the EPA TANKS output file to Form B4. Please either delete the form in its ent irety, or delete the detailed information that is unnecessary to determine rule applicability (as shown). modified to accept

external data outputs and Excel spreadsheets.
See responses to

comments G7.

AOGA

- 41 ADEC should not require e missions estimates from tanks storing low vapor pressure products, such

as distillate fuels. Such tanks represent the vast majority of units in Alaska, and are all insignificant, even at bulk storage facilities. ADEC can easily verify the very low emissio ns using the TANKS program, and a hypothetical case of a very large tank (e.g., 1,000,000 gal) and a very high throughput (e.g. 20,000,000 gal/yr). Emissions from such a scenario, which is grossly excessive, are less than 1 tpy VOC. Virtually all typical distillate tank emissions are less than 0.1 tpy VOC. Distillate storage tanks are also exempt from federal emission standards and have no applicable requirements. We can find no reason for ADEC to require such extensive data on such tanks as part

of the permit process. Action: no action.
See responses to

comments G5 and

SLR

- 6,

- 7 and

- 14.

AOGA

- 42 Item 5 of Form B4 requires providing the manufacturer of a tank. We believe this is not pertinent to

rule applicability and, for tanks, not very useful information even for identifying the tank at a source. We request removal of this data element from the form and suggest that it be replaced with a requirement to enter the material stored in a tank. Action: instructions

modified as suggested.

AOGA

- 43 It ems 10 and 21 of Form B4 require indicating if a tank has a submerged fill pipe and how

submerged fill is achieved. We acknowledge that this is relevant information for gasoline tanks subject to NESHAP Subpart CCCCCC, but we do not believe it is relevant for most tanks. We request that ADEC add clarity to the form to identify when certain elements need to be reported, such as in these examples. There is no relevance to this question, for example, to distillate fuel Action: instructions

modi fied to indicate “not applicable” may be appropriate

for someAlaska Department of Environmental Conservation Page 59 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

storage tanks. applications.
See response to

comment G5.

AOGA

- 44 We are not aware of any rules that require the information required by item 13 of Form B4 (pipe

data) to determine rule applicability, even for above ground storage tanks. We request remove of this and other extraneous requirements as indicated by our redline/strikeout edits of the form provided with these comments. If ADEC believes this information is necessary, we request that ADEC provide specific details in the public record. Action: instructions

modified to indicate “not applicable” may be appropriate

for some applications.
See response to

comment G5.

AOGA

- 45 This form uses the term “VOC storage tank”. We do not believe that this term is defined in

regulation. 18 AAC 50.990 defines “volatile liquid storage tank”, NSPS Subparts K and Ka apply to storage vessels of petroleum liquids, and NSPS Subpart Kb applie s to storage vessels of volatile organic liquids. We suggest that the form use the term defined in 18 AAC 50

– “volatile liquid storage tank”. Action: instructions

modified as suggested.

AOGA

- 46 AOGA has also suggested changes to the Form B Series instru ctions and to the Form B Series forms

which we believe better clarify intent. See our proposed edits to the instructions and associated forms included in the redline/strikeout edits provided with these comments. Action: some modifications incorporated.

D ue to the volume of edits provided,

we are not able to

address individual

redline commentsAlaska Department of Environmental Conservation Page 60 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

here. Refer to final

forms for

modifications incorporated.

AOGA

- 47 Remove all requested data that is unnecessary to deem the application complete as described in

Comment 16, and consistent with the comments on Forms B1

- B4. Action: no action.
See responses to

comments G5 and

AOGA

- 16.

AOGA

- 48 Remove all requested data that is unnecessary to deem the application complete as described in

Comment 16, consistent with the comments on Forms B1

- B4. (We have not included all appropriate edits in our redline/strikeout edits of the Form C Series instructions and forms.) Action: no action.
See responses to

comments G5 and

AOGA

- 16.

AOGA

- 49 In conjunction with our request to remove the portions of the B1

- B9 forms addressing emission unit

applicable requirements and incorporate them into Form Series E, please also move the control device applicable requirements forms to Form Series E. Action: no action.
See response to

commen t G5.

AOGA

- 50 AOGA has also suggested changes to the Form C Series instructions and to the Form C Series forms

which we believe better clarify intent. See our proposed edits to the instructions and associated

forms included in the redline/strikeout edits provided with these comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individual

redline commentsAlaska Department of Environmental Conservation Page 61 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

here. Refer to final

forms for

modifications incorporated.

AOGA

- 51 The instructions f or Forms D1 and D2 each indicate that emissions from all emission units are to be accounted for in these forms. We request that the instructions and forms distinguish between significant and insignificant emission units (IEUs). IEUs typically do not have an EU ID number and individually have minimal emissions. As commented above, we believe it is unnecessary to require emissions information from individual units that are classified as IEUs based on size or production rate (18 AAC 50.326(g)). However, if ADEC is unwilling to agree to removal of the requirement to document emissions from 18 AAC 50.326(g) IEUs, then we request that the instructions indicate that only one Form D1 be completed to document emissions from all 18 AAC 50.326(g) IEUs identified i n the Form Series B forms of the application. Action: forms

modified as follows: For insignificant emission units, expected actual

annual emissions are only required if

the unit is an insignificant unit on

an emission rate

basis under 18 AAC 50.326(e) and potential annual

emissions exceed

80% of the

thresholds in 18 AAC 50.326(e)(1

- 15).
See responses to

comments G5 and

SLR

- 14.Alaska Department of Environmental Conservation Page 62 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

AOGA

- 52 In conjunction with our previous comment, we also request that ADEC amend the instructions for

Forms D1 and D2 to clarify that emissions from any nonroad engines (NREs) at the source should not be included on these forms. Per 18 AAC 50.100, the actual and potential emissions of NREs are not included when determining the classification of a stationary source under AS 46.14.130 (Stationary Sources Requiring Permits) and, as determined by ADEC, emissions of NREs are not to be included when calculating the ass essable potential to emit for fees. Action: instruction

clarified.

All emissions from the stationary source must be quantified

before exclusions

are made in the application.

AOGA

53a Please revise Form D1 by making it a list of the documentation ADEC wan ts to see in the live Excel

emissions calculation spreadsheets. As is, Form D1 is simply an emission unit by emission unit duplication of information already submitted because ADEC requires that all emissions calculations be documented in the application. Action: instructions modified to accept

external data outputs and Excel spreadsheets.
See responses to

comment G7.

AOGA

53b In conjunction with the changes to Form D1, and if ADEC still believes that it is necessary to

document individual emission unit em issions in the spreadsheets and in a form, the Department could revise Form D2 such that it consolidates forms D1 and D2 by requiring a list of each emission unit (by number) and the emission unit’s emissions, followed by a simple summary line at the

botto m for total stationary source emissions. Action: no action.
See response to

comment AOGA

53a.

AOGA

- 54 Please delete the requirement to calculate expected actual annual emissions for all units.

Significance is based on a unit’s two year average actual emissions, not a projection of expected actual emissions. If ADEC believes that the applicant must docume nt actual emissions when classifying an emission unit as insignificant on an emission rate basis, the Department could only Action: forms

modified as follows: For insignificant emission units,Alaska Department of Environmental Conservation Page 63 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

require that actual emissions be presented in such cases, or alternatively, ADEC can address their concerns under 18 AAC 50.326(d)(4 ) or 18 AAC 50.200. Other than for determining significance, which is only necessary for a small subset of units, rule applicability is not based on actual emissions and therefore there is no basis for ADEC to require the information for the application to be complete. See our suggested revisions to Form D2 shown in the redline/strikeout amendments to the proposed form included with these comments. expected actual

annual emissions

are onl y required if

the unit is an insignificant unit on

an emission rate

basis under 18 AAC 50.326(e) and potential annual

emissions exceed

80% of the

thresholds in 18 AAC 50.326(e)(1

- 15).
See response to

comment G5 and

SLR

- 6,

- 7 and

- 14.
For existing sources most applicants will

have this data

available because the permittee is

allowed to submit

actual emissions as

the basis for annual

emission feeAlaska Department of Environmental Conservation Page 64 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

requirements.
For new applicants, expected actual

emissions would be

either PTE or
“unknown.”
The Department is requesting the

information to develop permit

terms and

conditions for an applicant who may be operating close

to an enforceable

limit and to

determine what compliance may be appropriate for such a stationary source.

AOGA

- 55 Because permit limits are fede rally enforceable restrictions that are accounted for under the

definition of potential emissions we request that ADEC remove from Form D1 the reference to “limitations” in the column heading “before controls/limitations.” The only reason we can

determine for ADEC to request pre

- control device emissions is to assess the applicability of 40 CFR 64 (Compliance Assurance Monitoring or CAM) to an emission unit and its pollution control device. Action: instructions

clarified.
The Department requires the

emissionsAlaska Department of Environmental Conservation Page 65 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

Since any limit other than that of a control device affects the “p otential pre

- control device emissions”, which must be known to determine CAM applicability, we believe it is appropriate to take such limits into account when assessing the pre

- control device potential emissions of a unit. information in order

to assess compliance with regulatory requirements beyond CAM applicability, such

as the RICE

MACTs requirement to

reduce CO emissions (Table 2a to Subpart ZZZZ of Part 63). In order to fully deter mine compliance, Form

D

- 1 asks for three

items:

1. Expected annual
emissions from
an emission unit
with all limits or controls in place
2. Unrestricted PTE
based on no
controls or limits
3. Restricted PTEAlaska Department of Environmental Conservation Page 66 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

based on
enforceable
controls or limits

AOGA

- 56 As state d in our previous comment, we believe the only purpose for requesting information on pre

control device potential emissions is to use that information to assess CAM applicability to an emission unit. We do not believe there is any reason to document the p re

- control device potential emissions from the entire stationary source. As such, we request that ADEC delete the column from Form D2 titled “Potential Annual Emissions (before controls/limitations)(tons/year)” if our proposed revamp of Form D2 as stated in comment 53 (and shown in our redline/strikeout edits of Form D2) is not agreed upon by ADEC. Action: instructions

clarified.
See response to

comment AOGA

55.

AOGA

- 57 AOGA has also suggested changes to the Form D Series instructions and to the Form D Series forms

which we believe better clarify intent. See our proposed edits to the instructions and associated forms included in the redline/strikeout edits provided with these comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individual

redline comments

here. Refer to final

forms for

modifications incorporated.

AOGA

- 58 As discussed previously, we request th at ADEC address all applicable requirements under Form

Series E rather than on an emission unit

- by

- emission unit basis in Form Series B. Action: no action.
See response to

comment G4.Alaska Department of Environmental Conservation Page 67 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

AOGA

- 59 As discussed previously AOGA requests that ADEC develop forms for widely applicable emission

standards. We also request that the ADEC pre

- insert stationary source wide applicable requirements that apply to all facilities (e.g., 50.110) into the Stationary Source Applicable Requirements Form. Action: no action.

See responses to
comments G4.

AOGA

- 60 The ADEC should clarify that the emission unit and stationary source applicable requirements forms

in this section are not generally required for renewal applications, except for requirements that are

not addressed in the most recent Title V permit. Consistent with this approach, the emission unit and stationary source applicable requirements forms in this section would only address Title I permit conditions or recently promulgated rules under NSPS or NESHAP not included in a Title V permit. Action: clarified

instructions to indicate subsequent applications can resubmit previously prepared forms for facility elements

that have not changed.

The emission unit and stationary source applicability

forms will be required for re newal applications.
See also response to

comment G6.

AOGA

- 61 Form E5 requires the permittee to submit AMPs or EPA waivers with the renewal permit

application. We request that ADEC specify that only AMPs and EPA waivers issued within the previous permit term are required to be included with a renewal permit application. The form should be modified to distinguish between an initial or renewal application. Action: no action.
Each application

submission needs

need to be aAlaska Department of Environmental Conservation Page 68 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

complete submittal

and include al l applicable AMPs or

EPA waivers on which permit terms

and conditions are expected to be based upon, regardless of when

issued.
See response to

comment G6.

AOGA

- 62 The instructions for Forms E2 and E3 refer to “18 AAC 50.300” and “18 AAC 50.500”. Since there

are no such entries in the rules, we suggest, based on our understanding of the intent, a change to the language so that it states “18 AAC 50, Article 3” and “18 AAC 50, Article 5” instead. Action: modified

instructions to

reflect current regulations

.

AOGA

- 63 The next to last sentence in the first paragraph of the “Background” section of the instructions for

Form E2 states that “if a condition has been imposed as a result of a NSR/PSD permit, then the condition may not be changed.” However, as noted in the pre vious paragraph of the Form E2 instructions, “one

- time” requirements such as an initial source test or visible emissions observation or reporting requirement should be “removable” even if it is found in a PSD/NSR permit. In addition, monitoring, recordkee ping, and/or reporting used to determine compliance with a limit in a PSD/NSR permit can be changed if it is more stringent than that required by the PSD/NSR permit, so the “condition” in the permit can be changed in this case. ADEC’s instructions would be clarified if the language in the paragraph used the term “limit” instead of “condition” to describe applicable Action: modified forms as suggested.Alaska Department of Environmental Conservation Page 69 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

requirements from a PSD/NSR permit that cannot be changed. The quote stated above will then be changed to “if a limit has been imposed as a res ult of a NSR/PSD permit, then the limit may not be changed.” (Note: all of the examples provided on the form instructions are limits, not monitoring, recordkeeping, or reporting requirements.)

AOGA

- 64 The five bullets included in the Form E5 instructions appear to have been copied from a Form Series

B form and as a result include text that is out of context for Form E5. We have included suggested

revisions to these bullets in our redline/strikeout edits of the Form Se ries E instructions provided

with these comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individual

redline comments

here. Refer to final

forms for

modifications incorporated.

AOGA

- 65 AOGA has also suggested changes to the Form E Series instructions and to the Form E Series forms

which we believe better clarify intent. See our proposed edits to the instructions and associated forms included in the redline/strikeout edits provided with thes e comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individual

redline comments

here. Refer to finalAlaska Department of Environmental Conservation Page 70 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

forms for

modifications incorporated.

AOGA

- 66 We suggest and request that ADEC include the introductory language of 40 CFR 71.5(c)(2) adopted

by regulation at the top of the checklist to clarify the specific requirements that apply in order to deem an application complete. The language to be inserted is

– “To be deemed complete, an applicat ion must provide all information required pursuant to 40 C.F.R. 71.5(c), except that applications for permit revision need supply such information only if it is related to the proposed change.” Action: no action.
See response to

comment G5.

AOGA

- 67 The majority of the language used in the checklist is taken directly from 40 CFR 71.5(c) without

making changes to the language to provide context within the checklist instead of within the rule. We have made a number of proposed and suggested changes to the checklist to fix this problem. See our proposed edits to the Completeness Checklist included in the redline/strikeout edits provided

with these comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

add ress individual

redline comments

here. Refer to final

forms for

modifications incorporated.

AOGA

68a ADEC has included in the checklist some basic information regarding which form(s) contain the

required application information. However, we believe some of the direction included by ADEC is incorrect, as follows: Action: some modifications incorporated.Alaska Department of Environmental Conservation Page 71 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

a. The second and fourth bullet identified under §71.5(c)(3)

– Emissions

- Related Information appears to be found in Form Series D, not in Form Series B as indicated on the checklist; Due to the volume of edits provided,

we are not able to

address individual

redline comments

here. Refer to final

forms for

modifications incorporated. AOGA

68b b. The fifth bullet identified under §71.5(c)(3)

– Emissions

- Relat ed Information pertains to

identification of air pollution control equipment. This is done in Form Series C, not Form Series
B;

AOGA

68c c. The checklist indicates that Form E1 includes the information required under 40 CFR

71.5(c)(4)

– Air Pollution Control Requirements. However, we believe the checklist should instead refer to Form Series C here;

AOGA

68d d. ADEC has not identified which form(s) address the general requirement of 40 CFR

71.5(c)(5)

– Other Specific Information. It would be helpful to the applicant and the ADEC personnel reviewing the completeness of an application if the checklist identified the applicable form(s) that address this required application element;

AOGA

68e e. The checklist indicates that the requirements of §71.5(c) (6)

– Exemptions is found on Form

E5. §71.5(c)(6) requires that the applicant include an explanation of any proposed exemptions from otherwise applicable requirements. We do not see this as being part of Form E5.

AOGA

68f f. Form A3 does not appear to address the requirement under 40 CFR 71.5(c)(7) to provide

additional information to “define permit terms and conditions implementing §71.6(a)(10) [emissions trading] or §71.6(a)(13) [operational flexibility]”. Form A3 only addresses alternate operating s cenarios under §71.6(a)(9);

AOGA

68g g. The checklist indicates that Form Series E includes the requirements of §71.5(c)(8)

–

Compliance Plan as well as §71.5(c)(9)

– Compliance Certification. However, we do not find in any Series E form the required co mpliance plan information. In fact, we do not find anywhere in the application a place to make either of the required statements under §71.5(c)(8) that must beAlaska Department of Environmental Conservation Page 72 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

made for requirements for which the source is in compliance and for requirements that will

beco me effective during the permit term. Further, we do not find any forms in the application package that address submittal of a compliance plan and schedule for requirements for which a source is not in compliance at the time of permit issuance;

AOGA

68h h. The last two bullets under §71.5(c)(9)

– Compliance Certification (i.e., a schedule for

submission of compliance certifications during the permit term and a statement indicating the source’s compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act) do not appear to be included on any forms.

Frankly, though, we are not sure what the last bullet is referring to as far as the required compliance status is concerned;

AOGA

68i i. The checklist addresses the timeliness of an initial application under 18 AAC 50.326(c) and

AS 46.14.150, but does not address timeliness for permit renewal applications under 40 CFR 71.5(a)(1)(iii). We have added proposed language to the draft checklist in our redline/strikeout edit of the checklist included with these comments;

AOGA

68j j. We do not believe that the last bullet under the “Timely Application” section of the checklist

is relevant in the context of the checklist and we propose that it be deleted. If ADEC elects not to delete this bullet, it should be clarified as it is difficult to understand, especially in the context of a checklist;

AOGA

68k k. The “Fees” section of the checklist should be supplemented to include instructions on where

to find in the regulatio ns information on the required fee retainer to be submitted with an application. We believe that the “retainer fee” referenced by this section of the checklist is required only when submitting an application to administratively amend a Title V permit (per 18 AAC 50.400(f)). There does not appear to be a requirement to submit a retainer for any otherAlaska Department of Environmental Conservation Page 73 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

types of Title V permit applications, so the checklist as currently written is misleading;

AOGA

68l l. The information regarding “Confidentiality of Information” indicates that the permittee may

request confidentiality of submitted information. Please add this to Form A1 and/or Form A4 and their respective instructions. We do not see that these or any other forms in the application package provide a place for the applicant to make this request;

AOGA

68m m. The final statement of the checklist pertaining to records that are considered to be public

documents does not seem relevant for a checklist. However, the statement, which is from AS
46.14.525, m ight be very appropriate as part of the “Introduction to Alaska Title V Permitting”
section of the Form Series A instructions. If ADEC elects not to remove this final statement, we request that ADEC review the language of AS 46.14.525 and correct the typo graphical errors found in the checklist language.

AOGA

- 69 AOGA has suggested additional changes to the Completeness Checklist which we believe better

clarify its intent and context and to correct typographical errors. See our proposed edits to the Completeness Checklist included in the redline/strikeout edits pro vided with these comments. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individual

redline comments

here. Refer to final

forms for

modifications incorporated.

AOGA

- 70 ADEC has indicated in the i nstructions pertaining to current compliance status responses to enter Action: modifiedAlaska Department of Environmental Conservation Page 74 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

“in” or “out”. The question on the various forms (“Currently in Compliance?”) suggests a “yes or no” response, not “in” or “out”. We suggest that ADEC revise the form instructions acc ordingly. In most cases, we have deleted this particular instruction as part of our redline/strikeout edits to the proposed forms, but for situations where ADEC elects to retain this instruction, we suggest this change. forms to “yes” or “no” as suggested.

AOGA

- 71 We request that the application package include instructions on the following

–

a. How to use the application forms and which form to use to request that multiple Title V permits be issued for a single stationary source as allowed under AS 46.14.190(b).

b. Where and how to propose source

- specific revisions to Standard Operating Permit Conditions found in 18 AAC 50.346 and the basis for use of the proposed language instead of the standard condition. Is this something that mi ght be included in Form E3? If so, please clarify. We further request that ADEC provide instructions as to what types of revisions to standard conditions will be considered by ADEC. Action: clarified

instructions.

ENTRIX

1 Title V Application Checklist: Below are suggested revisions:

a. Change the subheading “Form Series D” in the 2nd Section (for 71.5(c)(3) Emissions

Related Information) to Form Series B and D”.

b. Change the subheading “Form Series E1” in the 3rd Section (for 71.5(c)(4) and 71.5(c)(5 ))
to “Form Series C and E1”.

c. Add 18 AAC 50.326(d), (e), and (h) for information required for Insignificant Emission Units. Use “Form Series B, D and E” as subheading for this section. Action: some modifications incorporated.

Due to the volume of edits provided,

we are not able to

address individual

redline comments

here. Refer to final

forms for

modificationsAlaska Department of Environmental Conservation Page 75 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

incorporated.

ENTRIX

2 Title V Application Submittal Instructions: In Table A, Series E Forms row, under Attachments and

Supporting Documents column, add “E5

- Alternative Monitoring Procedures (AMP) Form”. Action: made suggested change.

ENTRIX

3 Form A1

- R: ENTRIX suggests adding a section for “Brief Description of Supplemental

Information or Application Revision” in t he form and use the same as an additional bullet in the

instructions for Form A1

- R under Form Series A Instructions document. This will give the reviewer a quick overview of what application modification is being requested. Action: made suggested change.

ENTRIX

4 Permit Renewal and Modification Applications: Form A

- 4 (for permit renewal and modification)

items 2, 8

– 10, 13, and 14 indicate that Series Forms A, B, C, D, and E are to be completed only if there were any new, modified, or reconstructed emis sion unit or pollution control equipment, changes in the stationary source general information or operating scenario, applicable requirements, and/or emissions. Furthermore, in the instructions page for Form A

- 4, it also states the following:
“At a minimu

m, the owner or operator shall submit Form A4...”, “If there are no significant changes to the permit, the owner or operator can simply submit Form A4, a compliance certification, and an edited copy of the current permit to request any administrative or mino r permit changes”, and “Instead of listing all of the requested changes identified in items 10, and 16 through 21, the owner or operator may attach an edited copy of the permit showing any requested changes... On Form A4, simply write “see attached permit” for the items that are addressed in the edited permit”. These all indicate that appropriate forms from Series A, B, C, D, and E are to be submitted only as needed.

However, Form Series B Instructions state “Form Series B must be completed for each initial and renewal application and for each emission unit at the stationary source”. (Emphasis in bold text provided.) Such statement contradicts with the instructions i n Form A

- 4 as it connotes submittal of all documents that may have already been submitted in the previous application documents, whether they are relevant or not to the new modifications requested in the permit renewal or modification. Action: clarified

instructions that each application

needs to be a complete standalone

document.Alaska Department of Environmental Conservation Page 76 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

Therefore, ENTRIX s uggests the following revisions under the Form Series B Instructions, for

clarification:

a. Revise the last sentence of the first paragraph, as follows: Form Series B must be completed for each initial and renewal application and for each emission unit a t the stationary source.”

b. Add the following sentence in the second paragraph, after “The second page should be used to indicate...”: For permit renewal or modification, Form B#’s are required only for new,
modified, or reconstructed emission units.

ENTR IX believes that it is not ADEC’s intention to require redundant information and unnecessary paperwork from the applicant. As stated in Form A

- 4 instructions for application for permit renewal or modification, completed Form A4 along with a detailed descr iption of modifications made and relevant supporting documentations should be sufficient. A summarized version would be more efficient and effective, unless there have been relevant modifications made on the operational

activities and emission units in th e stationary source.

ENTRIX

5 Form B. In the first page for “New, Modified, Previously Unpermitted, Replaced, Deleted”, add an

additional column in the for m for other supplemental information such as what unit was replaced; dates modified or ceased operation; why a unit is added; and other noteworthy information.

For a more organized document sorting, ENTRIX suggests adding a page dedicated only for insignif icant emission units with similar header as the second page (for permitted emission units that have not been modified), except remove the Emission Unit ID Number column but add Basis for Insignificant Status column. Action: made suggested change.

ENTRIX

6 Form B#. To reduce paper bulk and allow more efficiency in reviewing the documents, these forms

should be modified so that similar emission units with similar requirements can be entered in the same page, instead of entering the same information in so ma ny pages. Action: instructions

modified to indicate “not applicable”Alaska Department of Environmental Conservation Page 77 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

The information required for each emission unit is excessive, redundant, and not really useful, such as in the case of Tanks (4

- 5 pages of information) and other emission units that are generally insignificant. We don’t think that all insignif icant emission units need individual B forms. Note that under 18 AAC 50.326(d), an applicant for a Title V permit is not required to provide all the information called for in the proposed Form B#’s. In addition, instructions for Forms D1 and D2 also requ ire submission of supporting documentation showing calculation methodology, emission factors, and all assumptions, which should be sufficient information for insignificant emission units.

Too much paper work means that more and more applications will be d eemed incomplete because the data is not known or not really needed for drafting a permit. ENTRIX suggests revising the forms to only request the regulatory information. may be appropriate

for s ome applications.
See response to

comment G3.

ENTRIX

7 Form D1. Similar to Comment No. 6 above, Form D1 should be modified to allow entry of similar

emission units with similar emissions information in the same page, instead of entering the same

infor mation in so many pages. Also add estimated amounts of GHG CO 2 e potential to emit. However, for insignificant emission units, we do not think that these units need individual D forms (Form D1); submission of supporting documentation showing calculation m ethodology, emission factors, and all assumptions should be sufficient. Action: modified

forms to include

GHG emissions.
See response to

comment G4.

ENTRIX

8 Form D2, 2nd Table. ENTRIX suggests itemizing the rows by “Significant Emission Units” and

“Insignificant Emission Units” and add a row for GHG CO2

- e and Overall Totals. Action: made suggested change.

ENTRIX

9 Form D Instructions. If the Department ag rees with suggestions in items 7 and 8 above, modify the

Form D Instructions accordingly. Action: made suggested change.

ENTRIX

10 Effective Date. ENTRIX suggests delaying the effective date for the implementation of the

proposed Title V application fo rms to at least six months after final adoption into the 18 AAC 50 regulations. This would give the applicants ample time to prepare and submit their application Action: Use of the

forms will not become mandatoryAlaska Department of Environmental Conservation Page 78 of 78

Adoption Updates Revisions Response to Comments 5/8/2012 ID Comment ADEC Response

documents in a timely manner following the new Title V application forms, as well as, to avo id unnecessary revisions (which may cause untimely submittal and additional expenses) for those that have already started preparing application documents. until six months

after the effective

date of the regulations.
See response to

comment G2.

### Additional Information :

18 AAC 50 2011 Adoption Updates, Explanation of Changes, Proposed Changes for Adoption Updates Regulations Rulemaking 2011 , August 22, 2011G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs FY11 \ Public Notice Documents \ Air AdoptionUpdatesFY11 Explanation.8

- 22

- 11.docx 1 of 3 18 AAC 50 201 1 Adoption Updates

Explanation of Changes

Proposed Changes for Adoption Updates Regulations Rulemaking 201 1

Formatting:

Who proposed changes Affected section of regulations Proposed regulation language change Reason for change

Proposed Change s to 18 AAC 50

Title I and Title V Sections

18 AAC 50. 035(a ) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Repeal of two paragraphs due to EPA’s recent replacement of the SCREEN3 dispersion model

with the AERSCRE EN dispersion model . Addition of a new paragraph to adopt the new Title V Standard Application and Forms and the AERSCREEN User’s Guide

.

Title V and Title I Sections , regular updates to adoption by reference dates 18 AAC 50.035(b), 18 AAC 50.040 Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Update adoption by reference dates and incorporat e an additional Part and additional Subparts of

the C.F.R.

Title I Section 18 AAC 50.040(h) ( 4 ) (C)(i ) and 18 AAC 50.040(i)(1 )(B)(i) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Repeal of definition s due to definition clean

- up

.

Title I Section 18 AAC 50.215(b), 18 AAC 50.215 (c) and 18 AAC 50.215(e) Proposed regulation language chang e

— see attached 18 AAC 50 Adoption Updates Regs

document Rewording of subsection (b), and subsection (e) due to EPA’s recent replacement of the SCREEN3 dispersion model with the AERSCREEN dispersion model

. Clarify that subsection (c) applies to refined mo dels referenced under section (b)(1).G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs FY11 \ Public Notice Documents \ Air AdoptionUpdatesFY11 Explanation.8

- 22

- 11.docx 2 of 3 Title I Section

18 AAC 50. 215(d) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Addition of new language to incorporate EPA’s recommended approach for dealing with the new

PM

- 2.5 Significant Impact Level (SIL) and the 1

- hour sulfur dioxide SIL.

Public comment during previous regulation revision. 18 AAC 50.220(c) ( 3 ) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Correction of wordi ng based on previous rule changes.

Air Permits Program

18 AAC 50.225 Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Addition of new language to clarify requirements for owner requested limits.

Air Permits Progr am

. 18 AAC 50.225 Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Addition of new language to clarify requirements for additional owner requested limits when one already exists for a facility

.

Public comment duri ng previous regulation revision. 18 AAC 50.302(b) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Correction of wording.

Title V Section

18 AAC 50.32 6( c ) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Addition of a new paragraph to include a requirement to use the new Title V Standard Application and Form s.G: \ AQ \ General \ PROGDEV \ REGS \ Adoption by Reference Regs FY11 \ Public Notice Documents \ Air AdoptionUpdatesFY11 Explanation.8

- 22

- 11.docx 3 of 3 Public comment during previous regulation revision. 18 AAC 50.326(i ) Proposed regulation language change

— see atta ched 18 AAC 50 Adoption Updates Regs

document Correction of wording based on previous rule changes.

Public comment during previous regulation revision.
18 AAC 50.345(m) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

doc ument Correction of wording based on previous rule changes.

Air Permits Program
18 AAC 50.400(a) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Revision of language to reference billing procedures

.

Air Permits Program

18 AAC 50.400 (i) , 18 AAC 50.400(j)(19), and 18 AAC 50.400 (j)(20) Proposed regulation language change

— see attached 18 AAC 50 Adoption Updates Regs

document Revision of language to clarify fee.

Title I Section

18 AAC 50. 540(k)(3)(C) Proposed regula tion language change

— see attached 18 AAC 50 Adoption Updates Regs

document

Revision o f language to correct a referencing error

.

Title I Section

Delete 18 AAC 50. 990(92) and the Editor’s Note since this term is now adopted by reference

under 18 AAC 50.04 0(h) and 18 AAC 50.040(i) Repeal of a definition. Deletion of Editor’s Note due to definition repeal

.