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 15, 2012.

Draft copy of changes to regulations with changes indicated by bold, 

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Mead Treadwell

dated August 27, 2012.

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 15, 2012 (with hand written register number 

in header and hand written notes from the Department of Law).
 

(This page left blank intentionally) 
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: 
 

(This page left blank intentionally) 
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

Commissioner
Register ____, ________ 2011 ENVIRONMENTAL 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 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 

__/__/____, 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
Register ____, ________ 2011 ENVIRONMENTAL CONSERVATION DRAFT

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

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

Stationary Sources), as revised as of 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 subparagraphs 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:

...
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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 permit, 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 ENVIRONMENTAL CONSERVATION DRAFT

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18 AAC 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 revised 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, 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
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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 allowable 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 meteorological data or screening meteorological data; or

(B) the highest multi-year average concentration when using a multiyear meteorological data set; and

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

concentration.

...
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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 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 __/__/____, 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 1993
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18 AAC 50.225(b)(6) is amended to read:

(6) citation to each requirement that the person seeks 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 46.14.120
Register ____, ________ 2011 ENVIRONMENTAL CONSERVATION DRAFT

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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 compliance certification 

under this section, and 40 C.F.R. 71.5(d) does not apply. 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
Register ____, ________ 2011 ENVIRONMENTAL CONSERVATION DRAFT

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...

The lead-in language 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 46.14.220

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 test 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; am __/__/____, Register ___)
Register ____, ________ 2011 ENVIRONMENTAL CONSERVATION DRAFT

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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 

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. [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:

...
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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 __/__/____, 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 [IF REQUIRED 

UNDER (C)(2) OF THIS SECTION]; and
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(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; am 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 46.14.285

AS 46.14.020 AS 46.14.180 AS 46.14.290

AS 46.14.030 AS 46.14.210 AS 46.14.300

AS 46.14.120 AS 46.14.230 AS 46.14.560

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

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18 AAC 50.990 Editor’s Note is deleted:

[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).]
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 exis 
 

(This page left blank intentionally) 
Register ___, _______ 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 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 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, 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 ___/___/____, 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 [OCTOBER 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 

Incineration Units);
Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

3

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

Existing Sewage Sludge Incineration 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 Processing 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

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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 permit, are adopted by reference.

18 AAC 50.040(f) is amended to read:

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

[(REVISED)]), as revised as of July 1, 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 language 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 July 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 not 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, 2011, are adopted by 
Register ___, _______ 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 MMMM 

contains 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 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 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 multiyear 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 estimating the ambient 

impacts from onshore 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 46.14.140 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 9/17/2011, Register 199; am

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.140
Register ___, _______ 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, Register 171; am 

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

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140

AS 46.14.020 AS 46.14.120

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.
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 46.14.030 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) Applications. To be timely, an application must satisfy [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 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 {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 test 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, Register 188; am ___/___/____, Register ____)
Register ___, _______ 2012 ENVIRONMENTAL CONSERVATION

12

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:

(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 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 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.
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 ___/___/____, 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
Register ___, _______ 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) "regulated NSR pollutant" has the meaning given in 40 C.F.R. 52.21(b)(50), 

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, 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, 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 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
Register ___, _______ 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).]
 

(This page left blank intentionally) 
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); 

2 
Register 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. 

3 
Register.: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 11 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: 

4 
Register 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 

5 
Register 203, 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, 

6 
Register 203, ()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. 

7 
Register .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 2.012:; Register 10 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 46.14.140 
Register.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. 

9 
Register 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 

... 

10 
Register 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 ) 

11 
Rcgistcr 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. 

12 
Register 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 203 ) 

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 

14 
Rcgistcr 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 
 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix V 2.1. (c) 

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03.765

Alaska Statute 46.03.780

Alaska Statute 46.03.790

Alaska Statute AS 46.14
 

(This page left blank intentionally) 
2009 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 the state and of the various regions of the state;

(2) have primary responsibility for the adoption and enforcement of regulations setting 

standards for the prevention and abatement of all water, land, subsurface land, and air pollution, 

and other sources or potential sources of pollution of the environment, including by way of 

example only, petroleum and natural gas pipelines;

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

state;

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

(5) adopt regulations for

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

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

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

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

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

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

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

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

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

respiration.

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

for body piercing shops must include requirements that

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

cold running water, and with an appropriate waste receptacle;
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 recent tattooing and permanent cosmetic 

coloring or body piercing;

(3) a practitioner in the shop may use only instruments for tattooing and permanent cosmetic 

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

department.

Sec. 44.46.025. Fees for services.

(a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department of 

Environmental Conservation 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 defined in AS 

37.10.058 , of inspections, permit preparation and administration, 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 of inspection for motor vehicles under AS 46.14.400 or 46.14.510;

(3) drinking 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 not 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 services 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 the 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 for the purpose of determining the extent to which the 

programs and activities are contributing to the achievement of that policy and to make 

recommendations to the departments and agencies, including environmental guidelines;

(3) consult with and cooperate with

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

(B) persons, organizations, and groups, public and private, using, served by, interested in, or 

concerned with the environment of the state;

(4) appear and participate in proceedings before any state or federal regulatory agency 

involving or affecting the purposes of the department;

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

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

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

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

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

manufacture discovered during investigation is confidential;

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

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

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

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

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

department under federal laws now or hereafter enacted;

(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way 

of example and not limitation, regulations providing for

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

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

modification, or alteration;

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

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

systems;

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

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

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

(F) control of pesticides;

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

46.03.010 ;

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

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

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

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

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

administer and enforce a National Pollutant Discharge Elimination System program in 
2009 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 

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

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

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

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

violation continues, and that shall reflect, when applicable,

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

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

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

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

environmental quality;

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

correction of the violation;

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

which a violation is charged.

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

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

and remedial in nature.

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

of all or part of that portion of the sum imposed upon a person under (a)(3) of this section 
2009 Alaska State Statutes relating to Air Quality 7 of 46

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

for which a violation is shown.

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

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

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

the violation, including

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

pollutant;

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

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

advances and reimbursements under AS 46.08.070(c); and

(4) all incidental administrative costs.

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

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

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

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

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

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

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

applicable,

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

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

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

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

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

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

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

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

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

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

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

correction of the violation;

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

which a violation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.
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 term or condition of a permit, approval, or acceptance issued under 

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

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

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

and that shall reflect, when applicable,

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

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

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

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

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

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

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

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

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

correction of the violation;

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

which a violation is charged; and

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

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

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

facilities necessary to effect compliance with the standard violated.

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 

regulation, 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 residents 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

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(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 immediate 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 determines 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 determination. 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 determination. 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. The 

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 proposed 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 proposed 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 

section, 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 the 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 administrative 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 this 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 whether the notice of appeal is complete and otherwise in conformance with court 

rules is the responsibility of the superior court.
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(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 separate 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, investigation, 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 under 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.
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(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, approval, or acceptance, or 

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

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

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

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

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

of compliance within a reasonable period of time.

...

Sec. 46.03.780. Liability for restoration.

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

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

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

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

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

is liable to the state for damages.

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

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

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

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

the state.

Sec. 46.03.790. Criminal penalties.

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

the person with criminal negligence

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

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

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

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

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

under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;
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(3) makes a false statement or representation in an application, label, manifest, record, 

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

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

under AS 46.03.250 - 46.03.313;

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

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

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

AS 46.14; or

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

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

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

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

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

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

violation.

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

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

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

negligence fails to comply with the plan is guilty of

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

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

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

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

(g) Notwithstanding AS 12.55.035 (b), upon conviction of a violation of a regulation 

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

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

than $10,000 for each separate violation.

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

if the person negligently

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

(2) violates a permit issued under the program authorized by AS 46.03.020(12);
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(3) fails to provide information or provides false information required by a regulation 

adopted under AS 46.03.020 (12);

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

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

permit issued under or a regulation adopted under AS 46.03.020 (12); or

(5) renders inaccurate a monitoring device or method required to be maintained by a permit 

issued under or a regulation adopted under AS 46.03.020(12).

(i) In this section,

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

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

...

Sec. 46.03.850. Compliance order.

(a) When, in the opinion of the 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 department 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 hold 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.
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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.

...

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 specifically 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;
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(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 enjoyment 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 substances 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 environment 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 process 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 precious 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 than
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(A) used nuclear reactor fuel;

(B) waste produced during the reprocessing 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 uranium 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, industrial, 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 collection 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 singlefamily 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 may 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 

other 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;
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(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 function 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 stations, 

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 solid 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 the 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 

waste 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 department;

(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;
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(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 borough 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 regulations 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, natural 

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 added 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 include 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;
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(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 or salt, which are wholly or partially in or bordering the state or under the jurisdiction of 

the state.
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Chapter 46.14. AIR QUALITY CONTROL

Article 01. GENERAL REGULATIONS AND CLASSIFICATIONS

Sec. 46.14.010. Emission control regulations.

(a) After public hearing, the department may adopt regulations under this chapter 

establishing ambient air quality standards, emission standards, or exemptions to implement a 

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

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

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

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

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

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

46.14.015:

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

there is no corresponding federal standard;

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

more stringent than a corresponding federal standard;

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

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

achievable control technology standard; or

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

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

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

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

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

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

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

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

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

feasible; and

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

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

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

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

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

emissions monitoring and reporting requirements, and compliance verification requirements that 

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

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

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

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

applicability is reasonably foreseeable.

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

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

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

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

emissions units within a stationary source if

(1) requested by the owner and operator; and

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

adopted under those sections.

Sec. 46.14.015. Special procedure for more stringent regulations.

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

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

at locations throughout the state that the department considers appropriate.

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

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

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

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

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

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

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

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

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

that additional time is required.

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

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

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

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

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

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

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

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

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

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

impartial is only conjectural.

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

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

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

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

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

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

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

effects on property.

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

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

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

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

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

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

Sec. 46.14.030. State air quality plan.

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

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

adopt regulations necessary to implement the state plan.

Article 02. EMISSION CONTROL PERMIT PROGRAM

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

Repealed or Renumbered

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

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

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

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

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

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

(b).

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

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

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

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

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

requirements.

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

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

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

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

stationary source.

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

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

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

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

Sec. 46.14.130. Stationary sources requiring permits.

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

beginning actual construction of any one of the following:

(1) a new major stationary source;

(2) a major modification;

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

Air Act, sec. 112(i)).

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

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

department for

(1) a major source;

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

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

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

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

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

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

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

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

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

reasonable basis to regulate the stationary source.

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

Sec. 46.14.140. Emission control permit program regulations.

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

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

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

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

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

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

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

regulations must include

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

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

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

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

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

unique conditions;

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

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

source will comply with the applicable requirements of this chapter;

(4) procedures for

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

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

(C) processing and reviewing an application;

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

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

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

(A) emission standards and limitations;

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

(C) inspection and entry;

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

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

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

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

control permit;

(8) the duration of permits;

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

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

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

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

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

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

Act);

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

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

all of AS 46.14.120 and 46.14.130;

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

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

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

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

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

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

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

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

this chapter; and

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

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

definitions are not inconsistent with this chapter.

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

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

produced by a particular manufacturer; or

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

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

has

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

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

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

amended.

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

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

provisions of law, including emission control requirements.

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

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

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

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

becomes subject to AS 46.14.120 (b).

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

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

Sec. 46.14.160. Completeness determination.

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

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

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

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

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

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

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

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

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

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

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

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

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

additional information.

Sec. 46.14.170. Administrative actions regarding permits.

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

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

comment and hearing, the department shall issue or deny

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

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

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

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

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

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

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

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

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

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

Sec. 46.14.180. Monitoring.

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

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

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

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

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

to by the owner and operator and the department,

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

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

permit or permit application requirements.

Sec. 46.14.190. Single permit.

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

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

single emissions unit or multiple emissions units.

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

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

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

owner and operator apply for one or more permits.

Sec. 46.14.200. Review of permit action.

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

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

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

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

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

decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General operating permits.

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

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

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

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

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

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

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

the person's stationary source.

Sec. 46.14.211. General minor permits.

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

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

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

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

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

Sec. 46.14.215. Temporary operations.

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

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

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

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

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

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

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

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

Sec. 46.14.220. Objection by federal administrator.

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

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

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

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

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

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

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

objection by the federal administrator.

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

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

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

file an objection to the permit.

Sec. 46.14.230. Duration of operating permits.

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

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

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

by the permit applicant.

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

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

permit has been issued or denied.

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

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

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

department under this chapter.

Sec. 46.14.240. Permit administration fees.

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

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

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

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

with AS 37.10.050 - 37.10.058.

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

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

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

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

services: 

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

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

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

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

Sec. 46.14.250. Emission fees.

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

department all assessed emission fees established under this section.

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

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

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

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

fees.

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

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

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

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

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

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

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

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

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

applies.

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

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

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

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

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

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

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

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

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

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

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

adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

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

their previous or proposed fee burden;

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

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

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

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

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

and shall provide its findings in a report.

(h) In this section,

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

are assessed and is the lesser of

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

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

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

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

calculations, or other method acceptable to the department;

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

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

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

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

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

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

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

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

the small business assistance program under AS 46.14.300 - 46.14.310. 

Sec. 46.14.255. Interest and sanctions for nonpayment.

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

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

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

due.

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

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

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

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

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

requested by the permittee.

Sec. 46.14.260. Clean air protection fund.

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

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

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

for state participation in the federal emission control permit program.

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

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

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

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

action.

Sec. 46.14.265. Emission control permit receipts account.

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

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

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

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

from the unrestricted general fund.

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

Sec. 46.14.270. Special account.

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

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

"clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

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

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

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

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

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

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

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

operator are required to submit an application under AS 46.14.150 .

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

the department.

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

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

if the department finds that

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

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

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

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

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

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

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

department finds that

(A) the permit contains a material mistake; or

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

stationary source; or

(3) shall reopen a permit issued under this chapter

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

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

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

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

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

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

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

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

expires.

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

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

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

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

had cause to reopen under this section.

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

(a) A permittee may request

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

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

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

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

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

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

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

expedited authorization is requested under this paragraph; or

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

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

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

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

with this chapter and regulations adopted under this chapter.

Sec. 46.14.290. Permit as shield.

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

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

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

if

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

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

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

(b) This section does not alter or affect

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

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

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

before or at the time of permit issuance; or

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

stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

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

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

7671q (Clean Air Act).

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

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

advocate be designated.

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

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

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

legislature appropriates money from the general fund for this purpose.

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

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

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

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

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

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

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

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

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

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

department.

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

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

consecutively.

(b) The panel consists of

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

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

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

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

selected as follows:

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

speaker of the house;

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

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

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

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

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

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

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

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

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

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

39.20.180 .

(d) The compliance advisory panel shall

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

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

required under AS 44.62.310 - 44.62.312;

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

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

enforcement and severity of air pollution offenses;

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

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

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

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

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

the development and dissemination of panel reports and advisory opinions.

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

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

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

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

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

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

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

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

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

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

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

program within the boundaries of the air quality district.

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

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

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

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

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

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

only acceptable alternative to direct state administration.

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

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

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

include provisions specifying

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

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

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

administer the local air quality control program;

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

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

municipality's or district's air quality program;

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

this subsection and submitting it to the legislature for funding;

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

local air quality district;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

or 46.14.250.

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

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

than once every two years.

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

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

appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

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

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

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

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

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

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

recorded by any means that ensures an accurate record.

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

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

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

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

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

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

municipality or local air quality district to take corrective action in response to the department's 

finding.

(c) If the municipality or local air quality district fails to take corrective action within the 

time period set by the department under (b) of this section, the department shall terminate the 

cooperative agreement and resume management of air quality control in the affected jurisdiction. 

If the municipality or the local air quality district partially remedies, to the department's 

satisfaction, the deficiencies found in the determination, the department shall amend the 

cooperative agreement to reflect a modified allocation of responsibilities between the department 

and municipality or the local air quality district.

(d) A municipality or local air quality district that has had its cooperative agreement 

terminated may, with the department's approval, resume a local air quality control program if the 

municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan 

required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions 

unit, because of its complexity or magnitude, is beyond the reasonable capability of the 

municipality or the local air quality district or may be more efficiently and economically 

controlled at the state level, the department may assume and retain jurisdiction over the class of 

stationary source or emissions unit. Classifications under this subsection may be based on the 

nature of stationary sources or emissions units involved, their size relative to the size of the 

communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.
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(a) The department shall seek delegation of authority from the federal administrator to 

implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for 

the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations 

that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary 

sources located within 25 miles of the seaward boundary of the state are subject to the same air 

quality control requirements that would be applicable if the stationary source were located in the 

corresponding onshore area. For purposes of this subsection, stationary sources located within 25 

miles of the seaward boundary of the state include a vessel servicing or associated with the 

stationary source while at the stationary source or en route to or from the stationary source and 

within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source 

located within 25 miles of the seaward boundary of the state, the onshore attainment or 

nonattainment area that is closest to the stationary source, unless the commissioner determines 

that another area with more stringent requirements relating to control and abatement of air 

pollution may reasonably be expected to be affected by emissions from the offshore stationary 

source; this determination shall be based on the potential for air pollutants from the stationary 

source to reach the other onshore area and the potential of the air pollutants to affect the efforts 

of the other onshore area to attain or maintain a federal ambient air quality standard set under 42 

U.S.C. 7470 - 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow 

or make appropriate the control of emissions from motor vehicles to further air quality control, 

the department may provide, by regulation, for the control of the emissions from motor vehicles. 

The regulations may prescribe requirements for the installation and use of equipment designed to 

reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless otherwise exempted by law, a person shall maintain in operating condition any 

element of the air pollution control system or mechanism of a motor vehicle that the department, 

by regulation, requires to be maintained in or on the motor vehicle.

(c) The department shall consult with the Department of Administration regarding 

implementation of the motor vehicle pollution control program. The Department of 

Administration shall cooperate with the department in implementing the program. As a part of a 

motor vehicle pollution control program, the department or a municipality that enforces a motor 

vehicle pollution control program may determine if a vehicle is properly registered as required 

by law.

(d) If the department adopts regulations requiring the maintenance of air pollution control 

systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle 

subject to those regulations may not be issued a certificate of inspection unless the required air 

pollution control system or mechanism has been inspected in accordance with the standards, 
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testing techniques, and instructions furnished by the department and the motor vehicle has been 

found to meet those standards. A valid certificate of inspection for the emission control system, 

if required by the department, must be presented to the Department of Administration before that 

department may register a motor vehicle.

(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, 

the department may not require the vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions inspection decal as required by law is guilty 

of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent 

of the legislature that money collected under this subsection be appropriated to control pollution 

from motor vehicle emissions.

(g) In addition to the emission control inspection program fee imposed under AS 28.10.423 , 

the department or a municipality may impose a fee upon a vehicle required to be inspected under 

a motor vehicle emission control program established under this chapter, but the fee may not 

exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitoring program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an 

inspector authorized by the commissioner and certified under regulations adopted under AS 

46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent 

of the owner or operator, enter upon or through any premises of a stationary source regulated 

under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sample any emissions that the owner and operator of the stationary source is required to 

sample.

(b) During an inspection under this section, the inspector shall comply with applicable 

health and safety standards.

Sec. 46.14.520. Confidentiality of trade secrets.

Records, reports, and information, and parts of records, reports, and information, other than 

emission data, in the department's possession or control are considered confidential records and 

shall be kept confidential and in separate files if the owner and operator have certified under oath 

to the department or authorized local program that
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(1) public disclosure would tend to affect adversely the owner's and operator's competitive 

position; and

(2) the records, reports, or information, or parts of the records, reports, or information, 

would divulge production figures, sales figures, processes, production techniques, or financial 

data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provided in AS 46.14.520 , permits, permit applications, emissions and monitoring 

reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans 

in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipality or local air quality district with a local air quality control program may 

apply for, receive, administer, and spend state aid for the control of air emissions or the 

development and administration of the program if an application is first submitted to and 

approved by the department. Subject to available money appropriated by the legislature for the 

purpose of this section, the department may approve an application if it is consistent with the 

terms and conditions of the applicable cooperative agreement and meets the requirements of this 

chapter.

(b) A municipality or local air quality district with a local air quality control program may 

apply for, receive, administer, and spend federal aid for the control of air emissions or the 

development and administration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds 

received by the department for the control of air emissions or the development or administration 

of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) 

to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar 

catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a 

permitted emissions unit in a manner not authorized by the permit, the commissioner may waive 

procedural requirements of this chapter and issue an order to authorize emergency use of the 

emissions unit. When acting under this section, the commissioner shall impose conditions 

necessary to protect life, human health, welfare, property, and the environment and may impose 

other conditions the commissioner finds necessary and appropriate.
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(b) An authorization issued under this section automatically terminates within a reasonable 

time after abatement of the emergency, subject to a maximum of 30 days from the date of

issuance. However, the commissioner may reissue an authorization, if warranted, that may 

remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is considered to be acting 

in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to 

deputy commissioners and division directors in the department.

Sec. 46.14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before 

issuance of a permit under this chapter both the owner and operator of a stationary source are 

responsible for compliance with this chapter and regulations adopted under this chapter. If the 

owner and operator of the stationary source are separate persons, only one person is required to 

discharge a specific responsibility. After issuance of a permit under this chapter, only the 

permittee is responsible for permitted operations. The permittee shall have a designated agent for 

service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoidable emergency, a malfunction, or nonroutine repairs of 

an emissions unit including pollution control equipment or process equipment constitute an 

affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action 

brought for noncompliance with a technology-based emission standard. This section does not 

limit the department's power to enjoin the emission or require corrective action. This provision is 

in addition to any emergency or upset provision contained in an applicable requirement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a 

residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a 

condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial 

health, or safety.

Sec. 46.14.990. Definitions.
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In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a standard, other than an emission standard, 

adopted under AS 46.14.010 , 46.14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 

109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 

51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or temporarily stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including 

stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the trade of transporting 

cargo; in this subparagraph, "industrial process" means the extraction of raw material or the 

physical or chemical transformation of raw material in either composition or character;

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

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant 

exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency 

orders, and court orders;

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

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 

51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, 

depending on the context in which the term is used;

(12) "federal administrator" means the administrator of the United States Environmental 

Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009]. 
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(14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean 

Air Act, sec. 112(b));

(15) "local air quality control program" means a program authorized under AS 46.14.400 to 

implement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification" 

under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source or physical change that meets the 

definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant 

exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency 

orders, and court orders;

(19) "operator" means a person or persons who direct, control, or supervise a stationary 

source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possessory interest in a 

stationary source or emissions unit that has the potential to emit an air pollutant to the 

atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the 

United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and 

other departments, agencies, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C. 

7401 - 7671q (Clean Air Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated air pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, 

depending on the context in which the term is used;
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(27) "tank vessel" means a waterborne vessel, ship, or barge, whether or not self-propelled, 

that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or 

combination carrier, but does not include a vessel that is loading or unloading

(A) cargo in sealed drums, barrels, or other packages; or

(B) petroleum or petroleum products solely as fuel for use on that vessel;

(28) "TPY" means tons per year.
40 C.F.R. Part 51 Appendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air 

Quality Control Regulations, As amended through September 14, 2012

(with register number).

See section 2.1 (b) for Lt. Governor’s filing memo dated August 27, 

2012.

Revision Table 2012, showing effective dates of individual sections of 18 

AAC 50 and whether they are subject to SIP approval.
 

(This page left blank intentionally) 
DEPARTMENT OF 

 ENVIRONMENTAL CONSERVATION

18 AAC 50 

 Air Quality Control

As Amended through 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 CONSERVATION CANNOT GUARANTEE ITS ABSOLUTE 

ACCURACY. PAPER COPIES OF THE REGULATIONS AS ORIGINALLY FILED 

WITH THE LIEUTENANT GOVERNOR ARE AVAILABLE FOR THE DEPARTMENT 

OF ENVIRONMENTAL CONSERVATION. 

THE REGULATIONS HAVE AN EFFECTIVE DATE OF SEPTEMBER 14, 2012, ARE 

IN REGISTER 203, AND WILL APPEAR IN OFFICIAL 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 the replaced provisions before January 18, 1997. The 

numbering of sections is not related to the numbering before January 18, 1997. Previous amendments of this chapter are on file in the Office of the Lieutenant Governor and are found at 

Register 42, 5/26/72; Register 50, 5/8/74; Register 74, 5/4/80; Register 84, 11/1/82; Register 88, 

10/30/83; Register 102, 6/7/87; Register 106, 6/2/88; Register 118, 5/11/91; Register 119, 

7/21/91; Register 123, 7/12/92; Register 124, 12/10/92; Register 125, 2/19/93; Register 126, 

4/7/93; Register 127, 7/8/93; Register 129, 2/1/94; Register 130, 4/23/94; Register 131, 7/30/94; 

Register 131, 8/5/94; Register 131, 8/10/94; and Register 133, 1/4/95. 
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 control air pollution in a manner that meets the 

purposes of 

AS 46.03, AS 46.14, and 42 U.S.C. 7401 - 7671q (Clean Air Act). 

(b) The requirements of this chapter apply to any person who allows or causes air 

pollutants to be emitted into the ambient air. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 

171) 

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

AS 46.14.010 

18 AAC 50.010. Ambient air quality standards. The standards for concentrations of 

air pollutants in the ambient air, measured, 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 

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 (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 98th 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 three-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 

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(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 

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(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, Register 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 air 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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 provisions of this section do not apply to the 

nonattainment air pollutant. However, this section does apply to all other air pollutants listed in 

Table 2 in this subsection.
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Table 2. Baseline Dates

Air Quality Control 

Region 

 Air Pollutant Baseline Date 

Cook Inlet Intrastate Air 

 Quality Control Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide October 12, 1979 

PM-10 March 20, 1982 

Northern Alaska Intrastate 

Air Quality Control 

Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide June 1, 1979 

PM-10 November 13, 1978 

South Central Alaska 

Intrastate Air Quality 

Control Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide October 26, 1979 

PM-10 October 26, 1979 

Southeast Alaska Intrastate Air Quality Control 

Region 

Nitrogen dioxide February 8, 1988 

Sulfur dioxide November 10, 1986 

PM-10 The earliest date upon which the department declares complete an application for a 

facility or modification that includes information required under 18 AAC 50.306 and 

shows an increase in actual PM-10 

emissions equal to or exceeding 15 tons per 

year. 

(b) To establish standards for the prevention of significant deterioration of air quality, 

(1) baseline dates for determining the ambient concentration of certain air 

pollutants are established for each air quality control region listed in Table 2 in (a) of this 

section; 

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

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

this subsection; 

(3) for any period other than an annual period, the applicable maximum 

allowable increase may be exceeded during one such period per year at any one location; and 

(4) the baseline concentrations and maximum allowable increases shall be 

measured or predicted by a method described in 18 AAC 50.215. 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Table 3. Maximum Allowable Increases 

Classification of area 

in 18 AAC 50.015(c) 

Table 1 Air Pollutant 

Maximum allowable 

increase (micrograms 

per cubic meter) 

CLASS I 

PM-10: 

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

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

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

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

Sulfur dioxide: 

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

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

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

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

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

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

Nitrogen dioxide: 

Annual arithmetic mean ........................... .................2.5 

CLASS II 

PM-10: 

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

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

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

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

Sulfur dioxide: 

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

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

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

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

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

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

Nitrogen dioxide: 

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

CLASS III 

PM-10: 

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

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

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

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

Sulfur dioxide: 

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

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

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

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

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

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

Nitrogen dioxide: 

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

(c) Repealed 10/1/2004. 

(d) Repealed 10/1/2004. 

(e) For purposes of this section, the baseline concentration of an air pollutant is 

determined as follows: 
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(1) for PM-10 and sulfur dioxide, the baseline concentration is the ambient 

concentration of the air pollutant on the applicable baseline date, plus the contribution from 

allowable emissions of a PSD major stationary source for which construction commenced before 

January 6, 1975, but that was not in operation by the baseline date; however, the baseline 

concentration does not include actual emissions from a PSD major stationary source or a PSD 

major modification for which construction commenced on or after January 6, 1975; and 

(2) for nitrogen dioxide, the baseline concentration is the ambient concentration 

of the air pollutant on the applicable baseline date, plus the contribution from allowable 

emissions of a PSD major stationary source for which construction commenced before February 

8, 1988, but that was not in operation by the baseline date. 

(f) In this section, “commence” has the meaning given in 40 C.F.R. 52.21(b), adopted by 

reference in 18 AAC 50.040. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 

10/1/2004, Register 171; am 7/25/2008, Register 187) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

18 AAC 50.025. Visibility and other special protection areas. (a) Visibility special 

protection areas are established to prevent impairment of visibility. The following areas are 

designated visibility special protection areas: 

(1) Mt. Deborah and the Alaska Range East, as viewed from approximately the 

Savage River Campground area; 

(2) Mt. McKinley, Alaska Range, and the Interior Lowlands, as viewed from the 

vicinity of Wonder Lake; and 

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

(b) A wood smoke control area is a geographic location where a wood-burning activity 

has resulted in two or more discontinuous 24-hour periods when the ambient exposures of 

PM-10 solely from this activity have reached or exceeded 150 micrograms per cubic meter of 

air. The Mendenhall Valley area of Juneau is designated a wood smoke control area. 

 

(c) Special protection areas for sulfur dioxide are established to prevent the violation of 

the ambient air quality standard and maximum allowable ambient concentration for sulfur 

dioxide. The following areas are designated as special protection areas for sulfur dioxide: 

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

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

(2) in the St. Paul Island area, the land and water areas south of UTM Northing 

6333.00 kilometers (57 8' 29" N latitude) and within 0.6 kilometers of St. Paul Island. 

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

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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, Register 146; am 9/4/98, Register 147; am 1/1/2000, 

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

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

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

12/30/2007, Register 184; am 5/17/2008, Register 186; am 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 46.14.140
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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. 
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(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 Fluorescence Spectometry, approved April 10, 1998; 

(5) ASTM D 4294-98, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Energy Dispersive X-Ray Fluorescence Spectroscopy, approved April 10, 

1998; 

(6) ASTM D 4045-99, Standard Test Method for Sulfur in Petroleum and 

Petroleum Products by Hydrogenolysis and Rateometric Colorimetry, approved January 10, 

1999; 

(7) ASTM D 2492-90 (Reapproved 1998), Standard Test Method for Forms of 

Sulfur in Coal, approved March 30, 1990; 

(8) ASTM D 3176-89 (Reapproved 1997), Standard Practice for Ultimate 

Analysis of Coal and Coke, approved September 29, 1989; 

(9) ASTM D 4749-87 (Reapproved 1994), Standard Test Method for Performing 

the Sieve Analysis of Coal and Designating Coal Size, approved November 27, 1987; 

(10) ASTM D 1140-97, Standard Test Method for Amount of Material in Soils 

Finer Than the No. 200 Sieve, approved May 10, 1997; 

(11) ASTM D 422-63 (Reapproved 1998), Standard Test Method for ParticleSize Analysis of Soils, approved November 21, 1963; 

(12) ASTM D 4629-96, Standard Test Method for Trace Nitrogen in Liquid 

Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion and Chemiluminescence 

Detection, approved April 10, 1996; 

(13) ASTM D 5762-98, Standard Test Method for Nitrogen in Petroleum and 

Petroleum Products by Boat-Inlet Chemiluminescence, approved December 10, 1998; 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(14) ASTM D 4913-89( Reapproved 1995), Standard Practice for Determining 

Concentration of Hydrogen Sulfide by Direct Reading, Length of Stain, Visual Chemical 

Detectors, approved February 24, 1989; 

(15) ASTM D 4810-88 (Reapproved 1999), Standard Test Method for Hydrogen 

Sulfide in Natural Gas Using Length-of-Stain Detector Tubes, approved April 29, 1988; 

(16) ASTM D 6216-98 Standard Practice for Opacity Monitor Manufacturers to 

Certify Conformance with Design and Performance Specifications, approved February 10, 1998; 

(17) ASTM D 4239-00 Standard Test Methods for Sulfur in the Analysis Sample 

of Coal and Coke Using High-Temperature Tube Furnace Combustion Methods, approved April 

10, 2000. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 7/2/2000, Register 154; am 

2/2/2002, Register 161; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 12/3/2005, 

Register 176; am 7/25/2008, Register 187; 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 Testing and Materials (ASTM), Publications 

Department, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959, phone 

(610) 832-9585; fax (610) 832-9555. 

 18 AAC 50.040. Federal standards adopted by reference. (a) The following 

provisions of 40 C.F.R. Part 60 (Standards of Performance for New Stationary Sources), as 

revised as of July 1, 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 

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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 

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

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

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

Plants); 

(X) Subpart LL (Standards of Performance for Metallic Mineral Processing Plants); 

(Y) Subpart UU (Standards of Performance for Asphalt Processing and 

Asphalt Roofing Manufacture); 

(Z) Subpart VV (Standards of Performance for Equipment Leaks of VOC 

in the Synthetic Organic Chemicals Manufacturing Industry); 

(AA) Subpart XX (Standards of Performance for Bulk Gasoline Terminals); 

(BB) Subpart GGG (Standards of Performance for Equipment Leaks of 

VOC in Petroleum Refineries); 

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

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

VOC from Onshore Natural Gas Processing Plants); 

(EE) Subpart LLL (Standards of Performance for Onshore Natural Gas 

Processing: SO2 Emissions); 

(FF) Subpart OOO (Standards of Performance for Nonmetallic Mineral 

Processing Plants); 

(GG) Subpart QQQ (Standards of Performance for VOC Emissions From 

Petroleum Refinery Wastewater Systems); 

(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 

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(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 

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(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 pollutant 

major source that includes one or more sources from a category or subcategory established under 42 U.S.C. 7412(c)(1) (Clean Air Act, sec. 112(c)(1)) for which the EPA 

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

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

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

Reductions of Hazardous Air Pollutants); 

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

Cleaning Facilities); 

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

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

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

Pipeline Breakout Stations); 

(8) Subpart T (Halogenated Solvent Cleaning); 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(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 Modacrylic Fibers Production Area Sources); 

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

(28) Subpart NNNNNN (Chemical Manufacturing Area Sources: Chromium 

Compounds); 

(29) Subpart OOOOOO (Flexible Polyurethane Foam Production and Fabrication 

Area Sources); 

(30) Subpart PPPPPP (Lead Acid Battery Manufacturing Area Sources); 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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

(32) Appendix A (Test Methods); 

(33) Appendix B (Sources Defined 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 Processing 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 of 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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 

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(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 

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(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 

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(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 

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(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 allowable 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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emissions of sulfur dioxide from the stationary source are less than 5,000 tons per year. (Eff. 

1/18/97, Register 141; am 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030 

AS 46.14.010 

18 AAC 50.050. Incinerator emission standards. (a) Visibility through the exhaust 

effluent of an incinerator, including an air curtain incinerator, may not be reduced by visible 

emissions, excluding condensed water vapor, by more than 20 percent averaged over any six 

consecutive minutes. 

 (b) Particulate matter emissions from an incinerator may not exceed the particulate 

matter standard listed for that incinerator in Table 4 in this subsection. 

Table 4. Particulate Matter Standards for Incinerators

Incinerator Particulate Matter Standard 

Rated capacity less than 1,000 pounds per hour No limit 

Rated capacity greater than or equal to 1,000 but 

less than 2,000 pounds per hour 

0.15 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide 

and standard conditions, averaged over 

three hours 

Rated capacity greater than or equal to 2,000 

pounds per hour 

0.08 grains per cubic foot of exhaust gas 

corrected to 12 percent carbon dioxide 

and standard conditions, averaged over 

three hours 

An incinerator that burns waste containing more 

than 10 percent wastewater treatment plant sludge 

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

0.65 grams per kilogram of dry sludge 

input 

 (Eff. 1/18/97, Register 141; am 5/3/2002, Register 162; am 7/25/2008, Register 187) 

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993 

AS 46.14.010 AS 46.14.030 

18 AAC 50.052. Emission standards for certain municipal solid waste landfills. 

Repealed. (Eff. 6/21/98, Register 146; repealed 10/1/2004, Register 171) 

18 AAC 50.055. Industrial processes and fuel-burning equipment. (a) Visible 

emissions, excluding condensed water vapor, from an industrial process or fuel-burning 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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equipment may not reduce visibility through the exhaust effluent by 

(1) more than 20 percent averaged over any six consecutive minutes, except as 

provided in (2) - (9) of this subsection; 

(2) more than 30 percent averaged over any six consecutive minutes for fuelburning equipment in operation before November 1, 1982, and using more than 20 percent 

woodwaste as fuel; 

(3) more than 55 percent for a urea prilling tower in operation before 

July 1, 1972, averaged over any six consecutive minutes, nor more than 40 percent, based on a 

daily 24-hour average of five-second measurements by continuous opacity monitoring instrumentation approved by the department and that conforms to Performance Specification Number 

1 in 40 C.F.R. Part 60, Appendix B, adopted by reference in 18 AAC 50.040; 

(4) 20 percent or greater averaged over any six consecutive minutes for an 

asphalt plant constructed or modified after June 11, 1973; 

(5) 20 percent or greater averaged over any six consecutive minutes for process 

emissions, other than from a pneumatic cleaner, at a coal preparation plant constructed or 

modified after November 1, 1982; 

(6) 10 percent or greater averaged over any six consecutive minutes for a 

pneumatic cleaner constructed or modified at a coal preparation plant after November 1, 1982; 

(7) 10 percent or greater averaged over any six consecutive minutes for process 

emissions, other than from a kiln, at a portland cement plant constructed or modified after 

November 1, 1982; 

(8) 20 percent or greater averaged over any six consecutive minutes for a kiln 

constructed or modified at a portland cement plant after November 1, 1982; and 

(9) more than 20 percent for more than three minutes in any one hour 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 

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(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 regenerator 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(A) 1.0 kilogram of particulate matter per 1,000 kilograms of coke 

burnoff; 

(B) 43.0 additional grams of particulate matter per million joules supplemental heat attributable to fuels burned in a catalyst regenerator waste heat boiler; and 

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

(2) for a sulfur recovery plant rated at more than 20 long tons per day 

(A) 250 ppm sulfur dioxide at zero percent oxygen on a dry basis; or 

(B) 10 ppm hydrogen sulfide and a total of 300 ppm reduced sulfur 

compounds, expressed as sulfur dioxide, at zero percent oxygen on a dry basis, if the air 

pollutants are not oxidized before release to the atmosphere; and 

(3) for fuel-burning equipment, a sulfur dioxide concentration, averaged over 

three hours, equal to whichever of the following is applicable: 

(A) for equipment burning only fuel gas, the concentration of uncontrolled emissions that would result from burning fuel gas containing 230 milligrams 

hydrogen sulfide per dry standard cubic meter; 

(B) for fuel-burning equipment that does not burn fuel gas, 500 ppm; 

(C) for fuel-burning equipment that burns a combination of fuel gas and 

other fuels, a concentration based on the allowable emissions in (A) and (B) of this paragraph, prorated by the proportion of fuel gas and other fuels to the total fuel burned in the 

equipment. 

(e) At a coal preparation plant, emissions from the following sources, if constructed or 

modified after November 1, 1982, may not exceed the following: 

(1) for a thermal drying unit, 70 milligrams of particulate matter per cubic meter 

of exhaust gas at standard conditions; and 

(2) for a pneumatic coal-cleaning unit, 40 milligrams of particulate matter per 

cubic meter of exhaust gas at standard conditions. 

(f) At a portland cement plant, emissions from the following sources, if constructed or 

modified after November 1, 1982, may not exceed the following: 

(1) for a clinker cooler, 0.050 kilograms of particulate matter per 1,000 kilograms 

of feed on a dry basis to the kiln; and 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(2) for a kiln, 0.15 kilograms of particulate matter per 1,000 kilograms of feed on 

a dry basis. 

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

materials introduced to control pollutant emissions from a stack at a stationary source 

constructed or modified after November 1, 1982, is prohibited, except as authorized by a 

construction permit, Title V permit, or air quality control permit issued before October 1, 2004. 

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 11/4/99, Register 152; am 5/3/2002, 

Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; 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 relief systems, and recovery systems; and 

(2) two pounds of particulate matter from blow pits, washer vents, storage tanks, 

digester relief systems, and recovery systems. (Eff. 1/18/97, Register 141) 

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993 

AS 46.14.010 AS 46.14.030 

 

18 AAC 50.065. Open burning. (a) General Requirements. Except when conducting 

open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply 

with the limitations of (b) - (f) of this section and shall ensure that 

(1) the material is kept as dry as possible through the use of a cover or dry 

storage; 

(2) before igniting the burn, noncombustibles are separated to the greatest extent 

practicable; 

(3) natural or artificially induced draft is present; 

(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 

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of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, 

contaminated oil cleanup materials, or other materials in a way that gives off black smoke is 

prohibited without written department approval. Department approval of open burning as an oil 

spill response countermeasure is subject to the department's In Situ Burning Guidelines for 

Alaska, adopted by reference in 18 AAC 50.035. Open burning approved under this subsection 

is subject to the following limitations: 

(1) open burning of liquid hydrocarbons produced during oil or gas well flow 

tests may occur only when there are no practical means available to recycle, reuse, or dispose of 

the fluids in a more environmentally acceptable manner; 

(2) the person who conducts open burning shall establish reasonable procedures 

to minimize adverse environmental effects and limit the amount of smoke generated; and 

(3) the department will, in its discretion, as a condition of approval issued under 

this subsection, require public notice as described in (j) of this section. 

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or 

incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane 

products in a way that gives off toxic or acidic gases or particulate matter is prohibited. 

(d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or 

petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on 

nearby persons or property. 

(e) Air Quality Advisory. Open burning is prohibited in an area if the department 

declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in 

that area for that day. This advisory will be based on a determination that there is or is likely to 

be inadequate air ventilation to maintain the standards set by 18 AAC 50.010. The department 

will make reasonable efforts to ensure that the advisory is broadcast on local radio or television. 

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

March 31 in a wood smoke control area identified in 18 AAC 50.025(b). 

(g) Controlled Burning. Controlled burning to manage forest land, vegetative cover, 

fisheries, or wildlife habitat, other than burning to combat a natural wildfire, requires written 

department approval if the area to be burned exceeds 40 acres yearly. The department will, in its 

discretion, require public notice as described in (j) of this section. 

(h) Firefighter Training: Structures. A fire service may open burn structures for 

firefighter training without ensuring maximum combustion efficiency under the following 

circumstances: 

(1) before igniting the structure, the fire service shall 

(A) obtain department approval for the location of the proposed 

firefighter training; approval will be based on whether the proposed open burning is 
Register 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 without ensuring maximum combustion efficiency. 

To conduct this training without prior written department approval, the fire service shall 

(1) provide public notice consistent with (j) of this section before burning more 

than 20 gallons of uncontaminated fuel, unless waived in writing by the department; and 

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

(j) Public Notice. A person required to provide public notice of open burning shall issue 

the notice through local news media or by other appropriate means if the area of the open 
Register 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; and 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(B) an additional three minutes during initial startup of a vessel; for 

purposes of this subparagraph, "initial startup" includes the period during which a vessel 

is testing equipment in preparation to casting off or weighing anchor; 

(2) during the hour immediately after weighing anchor or casting off, visibility 

may be reduced under one, but not both, of the following options: 

(A) visibility may be reduced by up to 40 percent for that entire hour; or 

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; 

(3) during the hour immediately before the completion of all maneuvers to 

anchor or make fast to the shore, visibility may be reduced under one, but not both, of the 

following options: 

(A) visibility may be reduced by up to 40 percent for that entire hour; or 

(B) visibility may be reduced by up to 100 percent for periods aggregating no more than nine minutes during that hour; and 

(4) at any time not covered by (1) - (3) of this section, visibility may be reduced 

by up to 100 percent for periods aggregating no more than three minutes in any one hour. 

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

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

AS 46.14.010 

18 AAC 50.075. Wood-fired heating device visible emission standards. (a) A person 

may not operate a wood-fired heating device in a manner that causes 

(1) black smoke; or 

(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 46.14.030 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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 

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operator, or permittee of a volatile liquid storage tank subject to this section shall 

(1) periodically inspect air pollution control equipment; 

(2) repair any deficiencies detected; 

(3) report to the department the results of all inspections and repairs; and 

(4) keep records of those inspections and repairs for at least five years. 

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

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993 

AS 46.14.010 AS 46.14.030 

Editor's note: A complete description of the Port of Anchorage is in the state air quality 

control plan adopted by reference in 18 AAC 50.030. 

18 AAC 50.090. Volatile liquid loading racks and delivery tank emission standards. 

 (a) The owner, operator, or permittee of a stationary source that is located in the Port of 

Anchorage and that has a volatile liquid loading rack with a design throughput of 15 million 

gallons (357,143 barrels) or more per year shall reduce organic vapors emitted to the atmosphere 

by 

(1) operating a vapor collection system and liquid product loading equipment that 

(A) loads volatile liquid through the bottom of the delivery tank or 

through a submerged loading arm that extends to within six inches of the bottom of the 

delivery tank; 

(B) collects all organic vapors displaced during the loading of 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 determination 

under this clause, the department will use the procedures specified in the department's Air Quality Compliance Certification Procedures for Volatile Liquid 

Storage Tanks, Delivery Tanks, and Loading Racks, adopted by reference in 

18 AAC 50.030; 

(E) prevents the gauge pressure in any delivery tank connected to the 

vapor collection system from exceeding 18 inches of water; and 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(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 the 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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 color of the tank; 

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

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

 visible; 

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

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

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

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

 

(c) When conducting source testing, the department will, and the owner, operator, or 

permittee shall, use the procedures specified in the department's Air Quality Compliance 

Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and Loading Racks, 

adopted by reference in 18 AAC 50.030, to determine compliance with this section. In 

accordance with those procedures, the owner, operator, or permittee shall 

(1) periodically inspect air pollution control equipment; 

(2) repair any deficiencies detected; 

(3) report to the department the results of all inspections and repairs; and 

(4) keep records of all inspections and repairs for at least five years. 

 (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; am 7/25/2008, Register 187) 

Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993 

AS 46.14.010 AS 46.14.030 

Editor's note: A complete description of the Port of Anchorage is in the state air quality 

control plan adopted by reference in 18 AAC 50.030. 

18 AAC 50.100. Nonroad engines. The actual and potential emissions of nonroad 

engines are not included when determining the classification of a stationary source or modification under AS 46.14.130. Nothing in this section exempts nonroad engines from compliance 

with other applicable air pollution control requirements. (Eff. 1/18/97, Register 141; am 

10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

AS 46.14.020 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.110. Air pollution prohibited. No person may permit any emission which 

is injurious to human health or welfare, animal or plant life, or property, or which would 

unreasonably interfere with the enjoyment of life or property. (Eff. 5/26/72, Register 42) 

Authority: AS 46.03.020 AS 46.03.710 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Article 2. Program Administration. 

Section 

200. Information requests 

201. Ambient air quality investigation 

205. Certification 

210. (Repealed) 

215. Ambient air quality analysis methods 

220. Enforceable test methods 

225. Owner-requested limits 

230. Preapproved limits 

235. Unavoidable emergencies and malfunctions 

240. Excess emissions 

245. Air episodes and advisories 

250. Procedures and criteria for revising air quality classifications 

260. Guidelines for best available retrofit technology under the regional haze rule 

18 AAC 50.200. Information requests. If requested by the department to determine 

compliance with AS 46.03, AS 46.14, and this chapter, the owner, operator, or permittee of a 

stationary source shall maintain records of, and report to the department information on, the 

nature and amount of emissions from the stationary source and other information designated by 

the department. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

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

AS 46.14.020 

18 AAC 50.201. Ambient air quality investigation. (a) Upon a finding by the 

department that emissions from an existing stationary source have a reasonable likelihood of 

causing or significantly contributing to ambient concentrations of one or more air pollutants that 

exceed an ambient air quality standard, maximum allowable increase, or the limitations of 

18 AAC 50.110, the department may require the owner, operator, or permittee to evaluate the 

effect of the stationary source’s emissions of those air pollutants on ambient air or on the 

limitations of 18 AAC 50.110 that are at issue. An evaluation submitted under 18 AAC 50.306, 

18 AAC 50.540, this section, or prior equivalent regulations, and deemed complete by the 

department, must satisfy the evaluation requirements of this section, and any prior analysis must 

accurately represent the stationary source’s emissions. 

(b) Based on an evaluation submitted under (a) of this section or other information in the 

department's possession and subject to AS 46.14.010(e), the department may require an existing 

stationary source to reduce emissions or implement another control strategy to reduce the 

ambient impact of those emissions as necessary to ensure that the concentration of air pollutants 

in the ambient air does not exceed the ambient air quality standards, maximum allowable 

increases, or the limitations of 18 AAC 50.110. A reduction or control strategy may be imposed 

as a source-specific permit condition or as a regulation. Before imposing a reduction or control 

strategy, the department will consult with the affected owner, operator, or permittee and provide 

the affected public an opportunity for comment and hearing. To the extent practicable, given the 

costs of determining an equitable allocation, any emission reduction or control strategy imposed 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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under this section will be equitably allocated among stationary, mobile, and area sources and 

source categories based upon their relative contribution to the ambient impacts of concern, the 

cost of additional controls, and other equitable factors. 

(c) When determining whether to impose a reduction or control strategy under (b) of this 

section, the department will consider the uncertainties of ambient air quality analysis, the costs 

and benefits of resolving the uncertainties, the nature of the ambient impact area, and the 

proximity and magnitude of adjacent impacts. 

(d) The provisions of this section do not apply if the area affected by the emissions of an 

air pollutant is designated nonattainment for that air pollutant under 18 AAC 50.015. 

(e) The provisions of this section do not limit the department’s ability to require or 

conduct ambient air quality analysis or control under the construction permit program 

established under AS 46.14.120 and this chapter. (Eff. 1/18/97, Register 141; am 10/1/2004, 

Register 171) 

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

AS 46.14.020 AS 46.14.120 

18 AAC 50.205. Certification. (a) Any permit application, report, affirmation, or compliance certification required by the department under a permit program established under 

AS 46.14 or this chapter must include the signature of a responsible official for the permitted 

stationary source following the statement: "Based on information and belief formed after 

reasonable inquiry, I certify that the statements and information in and attached to this document 

are true, accurate, and complete." 

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

other electronic record required by the department under a permit program established under 

AS 46.14 or this chapter if 

(1) a certifying authority registered under AS 09.25.510 verifies that the 

electronic signature is authentic; and 

(2) the person providing the electronic signature has made an agreement, with the 

certifying authority described in (1) of this subsection, that the person accepts or agrees to be 

bound by an electronic record executed or adopted with that signature. (Eff. 1/18/97, Register 

141; am 10/1/2004, Register 171) 

Authority: AS 09.25.510 AS 46.14.020 AS 46.14.140 

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

18 AAC 50.210. Potential to emit. Repealed. (Eff. 1/18/97, Register 141; repealed 

10/1/2004, Register 171) 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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18 AAC 50.215. Ambient air quality analysis methods. (a) A person who submits 

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

obtain the data in accordance with 

(1) the department's Alaska Quality Assurance 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. 
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(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 

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 (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, 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 

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 

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(D) source testing for reduction in visibility through the exhaust effluent 

must follow the procedures set out in Vol. 3, sec. IV-3, Appendix IV-3, "Alaska Air 

Quality Visible Emissions Evaluation Procedures," of the state air quality control plan, 

adopted by reference in 18 AAC 50.030; 

(E) source testing for emissions of total particulate matter, sulfur compounds, nitrogen compounds, carbon monoxide, lead, volatile organic compounds, 

fluorides, sulfuric acid mist, municipal waste combustor organics, metals, and acid gases 

must follow the procedures specified in Appendix A to 40 C.F.R. Part 60, adopted by 

reference in 18 AAC 50.040; and 

(F) source testing for emissions of PM-10 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 emission unit and the margin of compliance with 

each applicable requirement as demonstrated by prior compliance tests or other reasonably 

accurate data or calculations; 

(2) the potential variability of emissions from the stationary source; and 

(3) the date and results of prior compliance tests, if any. 

(e) The owner, operator, or permittee shall submit the results of testing conducted under 

this section as required by Vol. 3., sec. IV-3, Appendix IV-3, of the state air quality control plan, 

adopted by reference in 18 AAC 50.030. 

(f) In source testing for compliance with the particulate matter standards in 

18 AAC 50.050 or 18 AAC 50.055, the three-hour average is determined using the average of 

three one-hour test runs. The source test must account for those emissions caused by soot 

blowing, grate cleaning, or other routine maintenance activities by ensuring that at least one test 

run includes the emissions caused by the routine maintenance activity and is conducted under 

conditions that lead to representative emissions from that activity. The emissions must be 

quantified using the following equation: 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Where: 

E = the total particulate emissions of the source in grains per dry standard 

cubic foot (gr/dscf). 

EM = the particulate emissions in gr/dscf measured during the test that included 

the routine maintenance activity. 

ENM = the arithmetic average of particulate emissions in gr/dscf measured by the 

test runs that did not include routine maintenance activity. 

A = the period of routine maintenance activity occurring during the test tun 

that included routine maintenance activity, expressed to the nearest 

hundredth of an hour. 

B = the total period of the test run, less A. 

R = the maximum period of source operation per 24 hours, expressed to the 

nearest hundredth of an hour. 

S = the maximum period of routine maintenance activity per 24 hours, expressed to the nearest hundredth of an hour. 

(Eff. 1/18/97, Register 141; am 10/1/2004, Register 171; 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, 





 



 



 





R x A

BS - R(R - S) + E R x AS E= EM (A+ B) x NM
Register 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 apply in the absence of the limit and how the limit 

allows the person to avoid the requirement; 

(7) if applying all limits does not avoid all permit classifications under AS 46.14 

and this chapter, a description, and if necessary an application, for the remaining classifications; 

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

comply with each limit; and 

(9) a certification, bearing the signature of the person requesting the limits, that 

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

statements and information in this request are true, accurate, and complete.” 

(c) Within 30 days after receiving a request under (b) of this section, the department will 

(1) make a preliminary decision to approve the request; or 

(2) deny the request and notify the owner or operator of the reasons for the 

denial. 

(d) If the department makes a preliminary decision to approve a request under (c) of this 

section, the department will solicit public comment on the preliminary decision as follows: 

(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 

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(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 never been approved. The limit remains in effect until 

the owner or operator 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(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, 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 

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 remains in effect until revoked in accordance with (e) 

of this section. 

(b) The owner or operator of a stationary source containing one or more emission units 

described in (c) or (d) of this section may request that the preapproved limits in those subsections 

be applied to that stationary source. To make the request, the owner or operator shall submit to 

the department the information required for the limit requested. 

(c) Limits on the allowable emissions of, or potential to emit, nitrogen oxides from diesel 

engines may be established by restricting the amount of fuel that may be burned in an engine. 

To implement these limits, the owner or operator shall 

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

(A) the name and address of the stationary source to which the limits will 

apply; 

(B) a list of all diesel engines at the stationary source to which the limits 

will apply, including the model and rated capacity of each diesel engine; 

(C) the maximum quantity of fuel, in gallons, that the owner or operator 
Register 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 reasonable 

inquiry, I certify that the information in this request is true, accurate, and complete"; and 

(ii) the owner or operator fully understands the conditions 

required under (2) of this subsection and agrees to those conditions in order to 

limit nitrogen oxide emissions from the equipment listed under (B) of this 

paragraph to no more than the value calculated under (D) of this paragraph; and 

(I) the administration fee in 18 AAC 50.400(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 maximum 
Register 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 obtains 
Register 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, Register 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 under 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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 that 
Register 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 

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 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 

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(c) The department will, on its own motion, or upon receipt of a petition under 

AS 44.62.220, propose to change the air quality classification of a geographical area. The 

department will, in its discretion, combine or coordinate any public meetings or hearings 

conducted under (e) of this section with those conducted under AS 44.62.180 - 44.62.290. The 

department will make the report prepared under (d) of this section available to the public during 

the public comment period provided under AS 44.62.210. 

(d) Before proposing a change to a geographic air quality classification, the department 

will prepare, and a person submitting a petition under AS 44.62.220 must provide, a report that 

includes 

(1) an accurate description of the boundaries of the geographic area for which the 

change in air quality classification is proposed; 

(2) the classification in effect for the area and the proposed classification; 

(3) a statement of the reasons why the change to the air quality classification is 

proposed and is in the public interest; 

(4) a detailed evaluation of new emissions and ambient air quality impacts 

expected to occur in the area to be reclassified and in adjacent areas as a result of a modification 

to a stationary source in that area or from construction and operation of a new stationary source 

in that area 

(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 

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(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 adopted by reference. (Eff. 1/18/97, Register 

141; am 10/1/2004, Register 171) 

Authority: AS 44.62.210 AS 44.62.230 AS 46.14.030 

AS 44.62.220 AS 46.03.020 

18 AAC 50.260 Guidelines for best available retrofit technology under the regional 

haze rule (a) For the purposes of this section, the following are adopted by reference: 

 (1) 40 C.F.R. 51.301(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 identified consistent with Section III of the BART 

guideline. No later than 5 days after December 30, 2007, the Department shall notify the owner 

or operator of each source subject to BART in writing and shall identify the affected Class I 

areas. A notice provided to the owner or operator prior to December 30, 2007 shall satisfy this 

obligation. Unless the department exempts a source in accordance with Section III of the BART 

guideline, each source subject to BART shall comply with (d) through (h) and (l) through (o) of 

this section. 

(c) An owner or operator notified under (b) of this section may request an exemption 

from BART. Exemptions from BART approved by the department in writing prior to December 

30, 2007 shall have the same effect as those approved under this subsection. An exemption from 

BART must be requested and processed as follows: 

 (1) the owner or operator shall: 

(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 

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(4) the department will approve an exemption if the owner or operator meets the 

requirements of (1) and (3) of this subsection and the information submitted adequately 

demonstrates that the BART-eligible source is not reasonably anticipated to cause or 

contribute to any impairment of visibility in a Class 1 Area identified in the notice 

provided under (b) of this section; 

(5) if the department does not approve an exemption based on the visibility 

impact analysis submitted under (c)(1) and (c)(3) of this section, the owner or operator 

shall: 

(A) submit a BART control analysis under (d) and (e) of this section; or 

(B) submit an application under 18 AAC 50.225 for owner-requested 

limits (ORL); that application must be submitted no later than 30 days after the date of 

the disapproval; upon approval of an owner requested limit under 18 AAC 50.225, the 

owner or operator shall comply with the terms and conditions of the approval; if the 

owner requested limit is subsequently rescinded, the owner or operator shall conduct a 

BART control analysis in accordance with (d) – (o) of this section; 

(6) the department will notify the owner or operator, the Environmental 

Protection Agency, and each affected federal land manager, in writing, of a department 

approval or disapproval under this subsection; if the decision is to approve an exemption, 

either through visibility impact analysis or an owner-requested limit, the department will 

explain what requirements of this section no longer apply to the BART-eligible source. 

(d) If an owner or operator does not submit an exemption modeling protocol under (c)(1) 

of this section or if the department denies the exemption request under (c) of this section, the 

owner or operator shall submit a BART assessment modeling protocol that meets the 

requirements of (h)(3) of this section for control technology visibility impact analysis modeling 

no more than 30 days after the latest of December 30, 2007, the date of the department’s notice 

under (b) of this section, or the date of the department’s notice disapproving the exemption 

request under (c) of this section. No more than 30 days after submission of a modeling protocol 

under this subsection, the department will 

(1) approve the modeling protocol; or 

(2) disapprove the modeling protocol and notify the owner or operator of the 

reasons for the disapproval. 

(e) For purposes of analyzing the visibility impact from potential control technologies, 

the owner or operator of each source subject to BART shall submit to the department an analysis 

of control options consistent with Section IV of the BART guidelines; 

(1) no more than 210 days after the later of December 30, 2007 or the date of the 

department’s notice under (b) of this section, if the owner or operator did not submit an 

exemption modeling protocol under (c)(1) of this section; or 
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(2) no more than 180 days after the date of the department’s notice disapproving 

an exemption request submitted under (c) of this section. 

 (f) The pollutants of concern for purposes of BART are SO2, NOx, and PM10. 

 (g) If an owner or operator elects to apply, or has already applied, the most stringent 

controls available consistent with the analysis conducted under (e) of this section, they are not 

required to conduct a visibility impact analysis for the emission units and pollutants to which the 

controls are to be or have been applied. 

 (h) A visibility impact analysis must: 

 (1) use an identical modeling approach for comparing the pre-control and postcontrol impacts of potential BART controls; 

 (2) determine the maximum change in visibility impacts in daily deciviews, 

between the current or pre-control technology and each potential BART control option consistent 

with the approved modeling protocol compared to the annual average default natural visibility 

condition as listed in EPA’s Guidance for Estimating Natural Visibility Conditions Under the 

Regional Haze Rule, EPA-454/B-03-005, dated September 2003 and adopted by reference, at 

each Class I area identified in the notice under (b) of this section. 

 (3) be conducted in a manner consistent with either: 

 (A) the Western Regional Air Partnership’s CALMET/CALPUFF 

Protocol for BART Exemption Screening Analysis for Class I Areas in the Western United 

States, dated August 15, 2006 and adopted by reference, as amended by the Summary of 

WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007, adopted by 

reference; or 

 (B) a modified protocol that was first submitted as a draft and made 

available for at least a 15-day review by EPA and each affected federal land manager, and 

subsequently approved in writing by the department. 

(i) The department will request from the owner or operator any additional information 

necessary to complete review of the analysis of control options for a source subject to BART. 

The department will establish a reasonable deadline for submitting the information after 

consulting the owner or operator. The owner or operator shall provide such information no later 

than the deadline established by the department. 

(j) The department will review each analysis of control options and issue a preliminary 

BART determination for each emission unit at each source subject to BART. In the preliminary 

BART determination, the department will include: 

 (1) the pollutant-specific emission limits for each emission unit at each source 

subject to BART; and 
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 (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. 
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(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 visibility 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 46.14.030 
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Editor’s note: The Guidance for Estimating Natural Visibility Conditions Under the Regional 

Haze Rule, the CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for Class 

I areas in the Western United States, and the Summary of WRAP RMC BART Modeling for 

Alaska, Draft #7, adopted by reference in 18 AAC 50.260(h), may be reviewed at the 

department's Anchorage, Fairbanks, or Juneau office. To obtain a copy of these or any other 

documents adopted by reference in this section, contact the Department of Environmental 

Conservation, Air Quality Division at (907) 465-5100. 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Article 3. Major Stationary Source Permits. 

Section

300. (Repealed) 

301. Permit continuity 

302. Construction permits 

305. (Repealed) 

306. Prevention of significant deterioration (PSD) permits 

310. (Repealed) 

311. Nonattainment area major stationary source permits 

315. (Repealed) 

316. Preconstruction review for construction or reconstruction of a major source of hazardous 

air pollutants 

320. (Repealed) 

321. Case-by-case maximum achievable control technology determinations 

322. (Repealed) 

325. (Repealed) 

326. Title V operating permits 

330. (Repealed) 

335. (Repealed) 

340. (Repealed) 

341. (Repealed) 

345. Construction and operating permits: standard permit conditions 

346. Construction and operating permits: other permit conditions 

350. (Repealed) 

355. (Repealed) 

360. (Repealed) 

365. (Repealed) 

370. (Repealed) 

375. (Repealed) 

380. (Repealed) 

385. (Repealed) 

390. (Repealed) 

18 AAC 50.300. Construction permits: classifications. Repealed. (Eff. 1/18/97, 

Register 141; am 6/21/98, Register 146; am 2/2/2002, Register 161; am 5/3/2002, Register 162; 

repealed 10/1/2004, Register 171) 

18 AAC 50.301. Permit continuity. (a) An air quality permit that is effective under 

this chapter as of October 1, 2004 remains in effect until it 

(1) expires, consistent with AS 46.14.230; 

(2) is revoked by the department under AS 46.14.280; or 

(3) is replaced by a permit issued under this chapter. 
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(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 or 
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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 50.326 
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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, a 
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(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; 
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(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 to 
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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 to 
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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; repealed 10/1/2004, Register 171) 

18 AAC 50.321. Case-by-case maximum achievable control technology 

determinations. (a) Purpose. This section implements EPA requirements for case-by-case 

maximum achievable control technology (MACT) determinations under 42 U.S.C. 7412(g) 

(Clean Air Act, sec. 112(g) and in 40 C.F.R. 63.40 - 63.44, adopted by reference in 

18 AAC 50.040. 

(b) Applicability. This section applies to any owner or operator who constructs or 

reconstructs a major source of hazardous air pollutants after October 1, 2004, unless the 

(1) major source of hazardous air pollutants has been specifically regulated or 

exempted from regulation by a standard under 42 U.S.C. 7412(d), (h), or (j) (Clean Air Act secs. 

112(d), (h), or (j), and 40 C.F.R. Part 63, adopted by reference in 18 AAC 50.040; or 

(2) stationary source is exempted under (c) of this section. 

(c) Exclusions from this section. The requirements of this section do not apply to 

(1) an electric utility steam generating unit unless, and until such time as that unit 

is added to the source category list under 42 U.S.C. 7412(c)(5) (Clean Air Act, sec. 112(c)(5)); 

(2) a stationary source that is within a source category that has been deleted from 

the source category list under 42 U.S.C. 7412(c)(9) (Clean Air Act, sec 112(c)(9)); or 

(3) research and development activities, as defined in 40 C.F.R. 63.41. 

(d) Prohibition. A person subject to this section may not begin actual construction or 

reconstruction of a major source of hazardous air pollutants unless the department has made a 

final and effective case-by-case determination under (e) of this section under which emissions 

from the constructed or reconstructed major source of hazardous air pollutants will be controlled 

to a level no less stringent than the maximum achievable control technology emission limitation 

for new sources. 

(e) Procedures for MACT determinations. To satisfy the requirements of (d) of this 
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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 at 
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(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 emission 
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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; 
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(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 CO2 equivalent emissions (CO2e); 

(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; 
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(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; 
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(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 not 
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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; 
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(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; 
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(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 petroleum gas (LPG) vehicle fleet fueling 

facilities; 

(103) military field exercises, except emissions from permanent stationary 

sources; 

(104) fire suppression; 

(105) storage of water-treating chemicals to be used in a drinking water system 

or a boiler water feedwater system. 
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(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 closure and storing liquid with a vapor pressure not 

greater than 80 millimeters (mm) of mercury (Hg) at 21 degrees Celsius; 

(4) operation, loading, and unloading of butane, propane, or liquefied petroleum 

gas (LPG) storage tanks with vessel capacity under 40,000 gallons; 

(5) a combustion emission unit with a rated capacity less than 4,000,000 Btu per 

hour exclusively using natural gas, butane, propane, or liquefied petroleum gas (LPG); emission 

units under this paragraph do not include internal combustion engines; 

(6) a combustion emission unit with a rated capacity less than 350,000 Btu per 

hour using a commercial fuel containing less than 0.5 percent sulfur by weight for coal or less 

than 500,000 Btu per hour at one percent sulfur by weight for other fuels; emission units under 

this paragraph do not include internal combustion engines; 

(7) a combustion emission unit with a rated capacity less than 1,700,000 Btu per 

hour using kerosene, No. 1 fuel oil, or No. 2 fuel oil; emission units under this paragraph do not 

include internal combustion engines; 

(8) a combustion emission unit with a rated capacity less than 300,000 Btu per 

hour if burning used oil; emission units under this paragraph do not include internal combustion 

engines; 

(9) a combustion emission unit with a rated capacity less than 450,000 Btu per 

hour if burning wood waste or waste paper; emission units under this paragraph do not include 

internal combustion engines; 

(10) welding using not more than 50 pounds per day of welding rod; 

(11) foundry sand molds, unheated and using binders with less than 0.25 percent 

free phenol by sand weight; 

(12) "paralyene" coaters using less than 500 gallons of coating per year; 
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(13) printing and silkscreening using less than two gallons per day of any 

combination of inks, coatings, adhesives, fountain solutions, thinners, retarders, or nonaqueous 

solutions if they do not contain hazardous air pollutants; 

(14) comfort cooling towers and ponds that have a capacity not greater than 

10,000 gallons per minute, that are not used with barometric jets or condensers, and that do not 

use chromium-based corrosion inhibitors; 

(15) combustion turbines rated at less than 160 horsepower; 

(16) batch distillation equipment with a batch capacity not greater than 

55 gallons and used only for solvents that do not contain hazardous air pollutants; 

(17) cleaning equipment 

(A) with less than 10 square feet of air-vapor interface; and 

(B) using solvent 

(i) that does not contain a hazardous air pollutant; and 

(ii) with a vapor pressure not more than 30 millimeters (mm) of 

mercury (Hg) at 20 degrees Celsius; 

(18) surface coating using less than two gallons per day of formulations not 

containing hazardous air pollutants; 

(19) tanks, vessels, and pumping equipment with lids or other appropriate closure 

for storage or dispensing of aqueous solutions of inorganic salts, bases, and acids; 

(20) cleaning and stripping activities and equipment using solutions having less 

than one percent volatile organic compounds (VOCs) by weight; when used on metallic 

substances, acid solutions are not insignificant; 

(21) equipment with lids or other closures used exclusively to pump, load, 

unload, or store organic material that has an initial boiling point (IBP) not less than 150 degrees 

Celsius and a vapor pressure not more than 5 millimeters (mm) of mercury (Hg) at 21 degrees 

Celsius; 

(22) surface coating, aqueous solution, or suspension containing less than one 

percent volatile organic compounds (VOCs); 

(23) storage and handling of water-based lubricants for metal working if the 

organic content of the lubricant is less than 10 percent; 

(24) municipal or industrial wastewater chlorination facilities of not greater than 

1,000,000 gallons per day capacity; 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(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 V 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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 

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(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 application, the department will include the reasons 

for denial; 

(7) the department will keep for five years any record and submit to the federal 

administrator any information that the federal administrator may reasonably require to ascertain 

whether the state Title V permit program complies with the requirements under 42 U.S.C. 7661 – 

7661f (Title V, Clean Air Act). 

(l) Significant permit modifications. If an existing Title V permit prohibits 

construction or a change in operation for which a permit or notice of MACT approval is required 

under 18 AAC 50.306, 18 AAC 50.311, or 18 AAC 50.321, the owner or operator must obtain, 

in accordance with 40 C.F.R. 71.7(e), adopted by reference in 18 AAC 50.040, a significant 

permit modification to the Title V permit before commencing operation that incorporates the 

construction or change. (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; 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, Register 146; am 10/16/2003, Register 168; repealed 

10/1/2004, Register 171) 

18 AAC 50.340. Operating permits: review and issuance. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 7/11/2002, Register 163; repealed 10/1/2004, 

Register 171) 

18 AAC 50.341. Operating permits: reopenings. Repealed. (Eff. 6/14/98, 

Register 146; repealed 10/1/2004, Register 171) 

18 AAC 50.345. Construction, minor and operating permits: standard permit 

conditions. (a) Subsections (b) – (o) of this section set out standard permit conditions that the 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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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 

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(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 

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(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 permits: other permit conditions. (a) 

For a construction permit or Title V permit, the department will use the standard permit 

condition in this subsection, unless the department determines that emission unit-specific or 

stationary source-specific conditions more adequately meet the requirements of this chapter or 

that no comparable condition is appropriate for the stationary source or emission unit. The 

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; 
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 (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. 
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Table 7 

Standard Operating Permit Conditions 

Emission Unit or Activity Standard 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, 2010 
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–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI – SO2

Emissions from Oil Fired Fuel Burning 

Equipment, August 25, 2004 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII – 

SO2 Material Balance Calculation, August 25, 

2004 

–Coal fired boilers Standard Operating Permit Condition XIII – 

Coal Fired Boilers, August 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; repealed 10/1/2004, Register 171) 

18 AAC 50.365. Facility changes that do not violate a permit condition. Repealed. 

(Eff. 1/18/97, Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.370. Administrative revisions. Repealed. (Eff. 1/18/97, Register 141; 

repealed 10/1/2004, Register 171) 

18 AAC 50.375. Minor and significant permit revisions. Repealed. (Eff. 1/18/97, 

Register 141; am 6/14/98, Register 146; am 6/21/98, Register 146; repealed 10/1/2004, Register 

171) 

18 AAC 50.380. General operating permits. Repealed. (Eff. 1/18/97, Register 141; am 

6/14/98, Register 146; repealed 10/1/2004, Register 171) 

18 AAC 50.385. Permit-by-rule for certain small storage tanks. Repealed. (Eff. 

6/21/98, Register 146; repealed 10/1/2004, Register 171) 
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18 AAC 50.390. Permit-by-rule for drilling rigs and associated equipment. 

Repealed. (Eff. 2/2/2002, Register 161; am 2/6/2002, Register 161; repealed 10/1/2004, 

Register 171) 
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Article 4. User Fees. 

Section 

400. Permit administration fees 

401. Fees for a notice of MACT approval 

403. Negotiated service agreements 

405. Transition process for permit fees 

410. Emission fees 

420. Billing procedures 

430. Fee appeal procedures 

499. Definition for user fee requirements 

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

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

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

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

original permit cost or total cost of permit renewal. 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, the 
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(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 is 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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 (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, 
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 (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); 
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 (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; and 
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 (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, natural gas, or other petroleum products, or related 

activities; "oil-and-gas source" does not include a petroleum refinery or liquefied natural gas 

(LNG) plant; 

(4) "public place" has the meaning given in AS 46.06.150; 

(5) "small power plant" 

(A) means a Title V source not described in (2)(A) or (3) of this 

subsection 

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

contains one or more diesel-fired internal combustion engines to generate power 

(ii) the purpose of which is seafood processing; or 

(iii) that has a potential to emit a total less than 500 tons per year 

of regulated air pollutants in the aggregate, and that contains emission units used 

to provide power to a mine or military base; and 
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(B) does not include a Title V source that operates under the department's 

general permit for diesel engines. (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; 

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

am 12/30/2007, Register 184; am 7/25/2008, Register 187; 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 permitting requirements of 42 U.S.C. 7412(i) (Clean Air 

Act sec. 112(i)); 

(5) a permit for the construction of a new stationary source or addition of an 

emission unit at a stationary source, if the stationary source is 

(A) in a sulfur dioxide special protection area established under 

18 AAC 50.025(c); 

(B) in the Nikiski Industrial Area; or 

(C) on an offshore platform; 

(6) a major modification of a major stationary source, for which a limit is 

requested specifically to avoid review under 18 AAC 50.306; 

(7) a minor permit under 18 AAC 50.508(4); 
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(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 by 
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(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 required to obtain an operating permit under 

AS 46.14.130(b), the permittee shall pay a one-time emission fee assessed for the state fiscal 

year following the state fiscal year in which the permit was issued. The emission fee is based on 

assessable emissions for the state fiscal year being assessed and is billed in July of that year. The 

entire fee is allocated to the emission control permit receipts account under AS 46.14.265. The 

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, 
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(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, Register 168; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 12/3/2005, Register 176; am 12/14/2006, Register 180; 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. 
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 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, Register 141; am 10/16/2003, Register 168; am 

10/1/2004, Register 171; am 1/29/2005, Register 173; am 7/1/2010, Register 194) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.240 AS 46.14.255 

 
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18 AAC 50.430. Fee appeal procedures. (a) A person who disputes the imposition of 

a fee under AS 46.14 or this chapter or who disputes the computation of charges may request 

review under 18 AAC 15.190. 

(b) Repealed 7/11/2002. 

(c) Repealed 7/11/2002. (Eff. 1/18/97, Register 141; am 7/11/2002, Register 163) 

Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 

AS 46.03.020 AS 46.14.240 

18 AAC 50.499. Definitions for user fee requirements. In 18 AAC 50.400 – 

18 AAC 50.499, unless the context requires otherwise, 

(1) “designated regulatory service” has the meaning given in AS 37.10.058; 

(2) “direct cost” has the meaning given in AS 37.10.058; 

(3) “hourly rate of salary and benefits” has the meaning given in AS 37.10.058. 

(Eff. 1/29/2005, Register 173) 

Authority: AS 37.10.050 AS 44.46.025 AS 46.14.140 

 AS 37.10.052 AS 46.03.020 AS 46.14.240 

 AS 37.10.058 
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Article 5. Minor Permits. 

Section 

502. Minor permits for air quality protection 

508. Minor permits requested by the owner or operator 

509. Construction of a pollution control project without a permit 

540. Minor permit: application 

542. Minor permit: review and issuance 

544. Minor permits: content 

546. Minor permits: Revisions 

560. General minor permits 

18 AAC 50.502. Minor permits for air quality protection. (a) A minor permit is 

required as described in (b) - (f) of this section, except that a permit is not required under this 

section 

(1) before construction, modification, or relocation of a new major stationary 

source or major modification that requires a permit under 18 AAC 50.306 – 18 AAC 50.311; 

however, a minor permit is required under this section for an air pollutant if that air pollutant is 

not significant under 40 C.F.R. 52.21(b)(23), adopted by reference in 18 AAC 50.040, and if a 

permit is not required under 18 AAC 50.311; a minor permit that is required under this 

paragraph for that air pollutant will be issued as part of the major permit; 

(2) before operation if the stationary source needs a Title V permit; however, the 

need for a Title V permit does not exempt a stationary source from the requirement for a minor 

permit for construction, modification, or relocation; 

(3) before relocation if the stationary source is already allowed by permit to 

operate at the new location; or 

(4) as provided in (g) of this section. 

(b) Except as provided in (a) or (d) of this section, the owner or operator must obtain a 

minor permit under this section before construction, operation, or relocation of a stationary 

source containing 

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

(2) a thermal soil remediation unit with a rated capacity of at least five tons per 

hour of untreated material; 

(3) a rock crusher with a rated capacity of at least five tons per hour; 

(4) one or more incinerators with a cumulative rated capacity of 1,000 pounds or 

more per hour; 

(5) a coal preparation plant; or 
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(6) a Port of Anchorage stationary source. 

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

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

emit greater than 

 (A) 15 TPY of PM-10; 

(B) 40 TPY of nitrogen oxides; 

(C) 40 TPY of sulfur dioxide; 

(D) 0.6 TPY of lead; or 

(E) 100 TPY of carbon monoxide within 10 kilometers of a 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; or 
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(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 actual construction, the owner or operator of the 

stationary source shall 
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(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 emissions following the project that an existing unit 

could have accommodated during the consecutive 24-month period used to establish the baseline 

actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth. 

(f) If the owner or operator elects to base permit applicability for a modification on a 

calculation of actual emissions, if the project does not need a minor permit based on that 

calculation, and if a reasonable possibility exists that the project may result in an emissions 

increase greater than the thresholds in (c)(3) of this section, the owner or operator shall comply 

with the following: 

(1) before beginning actual construction of the project, the owner or operator 

shall document and maintain a record of the following information: 

(A) a description of the project; 

(B) identification of each emission unit that has emissions of a regulated 

NSR pollutant that could be affected by the project; and 

(C) a description of the applicability test used to determine that the 

project is not a modification subject to (c)(3) of this section for any regulated NSR 

pollutant, including the baseline actual emissions, the projected actual emissions, the 

amount of emissions excluded under (e)(3) of this section, an explanation for why that 

amount was excluded, and any netting calculations, if applicable; 

(2) if the emission unit is an existing electric utility steam generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the information 

listed in (1) of this subsection to the department; 

(3) the owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by any emission unit 

identified in (1)(B) of this subsection, and shall calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of five years following 

resumption of regular operations after the project, or for a period of 10 years following 

resumption of regular operations after the project if the project increases the design capacity of 

or potential to emit that regulated NSR pollutant at that emission unit; 
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(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; 
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(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, 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 50.508. 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 46.14.170 
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 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 modeling protocol for demonstrating compliance with 
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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. 
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(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 operator to avoid the classification. (Eff. 10/1/2004, 

Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 

187; 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; 
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(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) must 
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(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 person 
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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 department’s final decision to approve or deny the 

permit application; a person described in AS 46.14.200 may request an informal or adjudicatory 

hearing as prescribed in 18 AAC 15.195 – 18 AAC 15.340; in a notification of denial of an 

application, the department will include the reasons for denial. 

(e) Adding a minor permit to a Title V permit by administrative amendment. An 

owner or operator may add the conditions of a minor permit to a Title V permit by administrative 

amendment if 

(1) the minor permit is issued using procedures that satisfy the requirements of 

both this section and 18 AAC 50.326; and 

(2) the permit contains terms and conditions that satisfy the requirements of both 

18 AAC 50.544 and 18 AAC 50.326. 

(f) Approval criteria. The department will 
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(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; and 
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(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; 
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(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 as 
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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 preconstruction 
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review under this chapter, the limit remains in effect until the owner or operator obtains 

(A) a new construction permit or minor permit under this chapter as if the 

limit had never existed; or 

(B) under this section or under 18 AAC 50.508, a new limit that allows 

the owner or operator to continue to avoid preconstruction review; or 

(2) made it possible to avoid a Title V permit, the limit remains in effect until the 

owner or operator obtains 

(A) a new Title V permit under this chapter as if the limit had never 

existed; or 

(B) under this section or under a permit classified in 18 AAC 50.508, a 

new limit that allows the owner or operator to continue to avoid the need for the permit. 

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

7/25/2008, Register 187; am 11/9/2008, Register 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 administrative 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, the 
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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; 
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(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; and 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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(5) any other terms and conditions that are necessary to assure that the stationary 

source continues to meet the qualifying criteria of the general minor permit. 

(g) Relocation. A portable stationary source is authorized to operate under a general 

minor permit at additional locations not identified in the permit application or notification if the 

(1) permittee notifies the department by submitting a completed change of 

location form following the procedures specified in the permit; and 

(2) stationary source will continue to meet all of the permit’s qualifying criteria 

at each location. (Eff. 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.130 AS 46.14.180 

 AS 46.14.010 AS 46.14.140 AS 46.14.211 

 AS 46.14.020 AS 46.14.150 AS 46.14.250 

 AS 46.14.120 AS 46.14.170 
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Article 6. (Reserved
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Article 7. Conformity. 

Section

700. Purpose of 18 AAC 50.700 – 18 AAC 50.735 

705. Coverage of 18 AAC 50.700 - 18 AAC 50.735: obligations of responsible agency 

710. Transportation conformity: incorporation by reference of federal regulations 

715. Transportation conformity: interagency consultation procedures 

720. Transportation conformity: public involvement 

725. General conformity: incorporation by reference of federal regulations 

730. General conformity: mitigation of air quality impacts 

735. General conformity: frequency of conformity determinations 

18 AAC 50.700. Purpose of 18 AAC 50.700 – 18 AAC 50.735. The purpose of 

18 AAC 50.700 - 18 AAC 50.735 is to ensure that a transportation plan, program project, or 

federal action within a nonattainment or maintenance area, will not hinder attainment of the 

national ambient air quality standards in that area if 

(1) the plan, program, project, or action is federally-funded or federallyapproved; or 

 (2) the project is nonfederally funded but is a regionally significant project that is 

funded, adopted, or approved by a current or prior recipient of funds under 23 U.S.C. or 

49 U.S.C. 53 (Federal Transit Act). (Eff. 1/4/95, Register 133; am 9/4/98, Register 147) 

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.705. Coverage of 18 AAC 50.710 - 18 AAC 50.735: obligations of 

responsible agency. (a) The requirements of 18 AAC 50.710 – 18 AAC 50.720 apply to 

(1) a transportation plan, program, or project within a nonattainment or 

maintenance area that is funded by, or requires approval under, 23 U.S.C. or 49 U.S.C. 5301 – 

5338; or 

(2) a project that is nonfederally funded, but that is a regionally significant 

project funded, adopted, or approved by a current or prior recipient of funds designated under 23 

U.S.C. or 49 U.S.C. 53 (the Federal Transit Act) 

(b) The requirements of 18 AAC 50.725 - 18 AAC 50.735 apply to all federally-funded 

or approved actions within a nonattainment or maintenance area not described in (a) of this 

section. 

(c) It is the obligation of the responsible agency to meet the applicable requirements of 

18 AAC 50.700 - 18 AAC 50.735. For purposes of 

(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, 
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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); 
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(14) 40 C.F.R. 93.114 (Criteria and procedures: Currently conforming transportation plan and TIP); 

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

(16) 40 C.F.R. 93.116 (Criteria and procedures: Localized CO, 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 synchronization 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 at 
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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 regionally significant project that is not funded under 

23 U.S.C. (Highways) or 49 U.S.C. 5301 - 5338, including any project for which alternative 

locations, design concept and scope, or the no-build option are still being considered; 

(2) prepare a preliminary interagency discussion draft, a public review draft, and 

a final draft of the conformity determination through the interagency consultation process 

described in (b) - (g) of this section with staff of 

(A) the department; 

(B) the local air quality planning agency; 

(C) the Alaska Department of Transportation and Public Facilities; 

(D) the local transportation agency; 

(E) any agency created under state law that sponsors or approves 

transportation projects; 

(F) the United States Environmental Protection Agency; 

(G) the Federal Highway Administration; 

(H) the Federal Transit Administration; and 

(3) make the public review draft of the 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 must 
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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; and 
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(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 conformity determination, based on changes made to the 

preliminary draft during the consultation process, and shall make the public review draft 

available for public review and comment as required in 18 AAC 50.720. 

(g) After opportunity for public review and comment on the public review draft of the 

conformity determination, the responsible agency shall 
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(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 board 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;
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(2) consider all comments received and prepare a written summary analysis of 

significant comments; and 

(3) specifically address in the summary analysis all public comments concerning 

known plans for a regionally significant project that may not have been properly reflected in the 

emissions analysis used to support a proposed conformity finding for a transportation plan or 

TIP, regardless of whether the regionally significant project is receiving federal funding or 

approval. 

 (c) Opportunity for public involvement under this section must include access to 

information, emissions data, analyses, models, and modeling assumptions used to perform a 

conformity determination. 

(d) If a project for which the provisions of (a) – (c) of this section apply is also subject to 

a public involvement process under 42 U.S.C. 4321 - 4370b (National Environmental Policy 

Act), compliance with the public involvement process under that law constitutes compliance 

with (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 46.14.030 
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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 action 

is in conformity, obtain a written commitment from the person or agency responsible for implementing the mitigation measure. The written commitment must identify the mitigation measure 

in a manner consistent with (a) of this section and describe the nature of the commitment. A 

person or agency committing to a mitigation measure under this subsection shall comply with the 

written obligations stated in the commitment. 

(c) If a mitigation measure is included as part of a license, permit, or similar authorization issued by the federal agency, the federal agency shall require the person or agency issued 

the license, permit, or authorization to fully implement the mitigation measure as a condition for 

continued approval of the license, permit, or authorization. 

(d) A federal agency may modify a mitigation measure if that agency 

(1) concludes that the proposed modification supports the conformity 

determination, using the procedures and criteria set out in 40 C.F.R. 51.858 and 40 C.F.R. 859, 

adopted by reference in 18 AAC 50.725; 

(2) issues a public notice of the proposed modification, using the public 

participation procedures set out in 40 C.F.R. 51.856, adopted by reference in 18 AAC 50.725; 

and 

(3) reports the modification in accordance with 40 C.F.R. 51.855, adopted by 

reference in 18 AAC 50.725. (Eff. 1/4/95, Register 133) 
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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 46.14.030 
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Article 8. (Reserved)
Register 203, October 2012 ENVIRONMENTAL CONSERVATION 

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Article 9. General Provisions. 

Section 

900. Small business assistance program 

910. (Repealed) 

990. Definitions 

18 AAC 50.900. Small business assistance program. (a) The purpose of the small 

business assistance program established under AS 46.14.300 is to help small businesses in the 

state comply with state and federal air quality laws. The department’s The Alaska Small 

Business Assistance Program, adopted by reference in 18 AAC 50.030, describes the small 

business assistance program. 

(b) Subject to AS 46.14.300(c) and 46.14.310, only the owner or operator of a "small 

business facility," as that term is defined in AS 46.14.990, is eligible to receive the services of 

the small business assistance program. 

(c) The owner or operator of an eligible small business facility may request a change to a 

requirement under this chapter that 

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

(2) sets a schedule of milestones preceding a date for implementing a work 

practice or technological method of compliance. 

(d) A change described in (c) of this section may be requested as follows: 

(1) if the requested change requires an amendment of a provision of this chapter, 

the request must be submitted under AS 44.62.220 and must include 

(A) a description of the provision of this chapter to be amended: 

(B) a description of the proposed amendment to be adopted; and 

(C) an explanation of the need for the proposed change and how the 

change can adequately substitute for or replace the requirement to be changed; or 

(2) if the requested change requires a revision to a permit term or condition that 

is not expressly required by this chapter, the request may be submitted as an application for a 

minor or significant permit modification under 40 C.F.R. 71.7(e), adopted by reference in 

18 AAC 50.040, and subject to 18 AAC 50.326. 

 (e) The department will schedule a proposed amendment to this chapter submitted under 

(d)(1) of this section for public hearing as provided in AS 44.62.230 if the change would not 

cause a violation of 

(1) the Clean Air Act; 
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137 

(2) a federally-enforceable requirement; or 

(3) state law. (Eff. 1/18/97, Register 141; am 10/1/2004, Register 171) 

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.300 

Editor's note: More information on the services provided by the small business 

assistance program referred to in this section, including details on determining eligibility, may be 

obtained from the department's small business advocate, 410 Willoughby Avenue, Juneau, 

Alaska 99801-1795, (907) 465-5100. A copy of the program description as it appears in the state 

air quality control plan, adopted by reference in 18 AAC 50.030, is available from the 

department's central and regional offices. A copy of the state air quality control plan may be 

viewed at any department office or at the Office of the Lieutenant Governor. 

18 AAC 50.910. Establishing level of actual emissions. Repealed. (Eff. 1/18/97, 

Register 141; repealed 10/1/2004, Register 171) 

18 AAC 50.990. Definitions. In this chapter 

(1) "actual emissions" has the meaning given in 40 C.F.R. 52.21(b)(21), adopted 

by reference in 18 AAC 50.040; 

(2) “administrator” means the administrator of the United States Environmental 

Protection Agency, except as otherwise provided in 18 AAC 50.306 – 18 AAC 50.326; 

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

(4) "air curtain incinerator" means a device in which large amounts of 

combustible materials are burned in a rectangular containment equipped with an overfire air 

system; 

(5) "air pollution" has the meaning given in AS 46.03.900; 

(6) "air pollution control equipment" means equipment or a portion of equipment 

designed to reduce the emissions of an air pollutant to the ambient air; 

(7) "air quality control requirement" means any obligation created by AS 46.14, 

this chapter, or a term or condition of a preconstruction permit issued by the department before 

January 18, 1997; 

(8) "allowable emissions" has the meaning given in 40 C.F.R. 52.21(b), except 

that for the purposes of establishing or revising a plantwide applicability limitation (PAL) under 

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

(A) “allowable emissions” means the emissions rate of an emission unit 

calculated considering any emission limitation that is enforceable as a practical matter on 
Register 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, coal 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 Land 
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Management/Alaska Fire Service; 

(39) "fuel-burning equipment" means a combustion device capable of emission; 

“fuel-burning equipment” includes flares; “fuel-burning equipment” does not include mobile 

internal combustion engines, incinerators, marine vessels, wood-fired heating devices, or 

backyard barbecues; 

(40) "fugitive emissions" has the meaning given in AS 46.14.990; 

(41) "gasoline distribution facility" means a stationary source that stores fuel 

including gasoline and that transfers gasoline from storage tanks to delivery tanks; 

(42) "good engineering practice stack height" 

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

40 C.F.R. 51.100(ii), as revised as of July 1, 2007 and adopted by reference; or 

(B) for all other stack heights, means the actual physical height of the 

stack; 

(43) “grate cleaning” means removing ash from fireboxes; 

(44) "hazardous air pollutant" has the meaning given in AS 46.14.990; 

(45) “hazardous air pollutant major source” has the meaning given for the term 

“major source” in 40 C.F.R. 63.2, adopted by reference in 18 AAC 50.040; 

(46) "hazardous waste" means a waste within the scope of 18 AAC 62.020; 

(47) "impairment of visibility" means any humanly perceptible change in 

visibility from that which would have existed under natural conditions; in this paragraph, 

“change in visibility” includes light extinction, atmospheric discoloration, and any other change 

in visual range, contrast, or coloration; 

(48) "incinerator" means a device used for the thermal oxidation of garbage or 

other wastes, other than a wood-fired heating device, including an air curtain incinerator burning 

waste other than clean lumber, wood wastes, or yard wastes; 

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

chemical transformation of raw material in either composition or character; 

(50) "lowest achievable emission rate" or “LAER” has the meaning given in 

40 C.F.R. 51.165(a)(1)(xiii), adopted by reference in 18 AAC 50.040; 

(51) "maintenance area" means a geographical area that EPA previously 

designated as a nonattainment area and subsequently designated as an "attainment area" under 
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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 

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

September 18, 2007, adopted by reference; 

(64) "nonroutine repair" means an immediate repair to correct an unavoidable 

emergency or malfunction; 

(65) "open burning" means the burning of a material that results in the products 

of combustion being emitted directly into the ambient air without passing through a stack, flare, 

vent, or other opening of an emission unit from which an air pollutant could be emitted; 

(66) "operator" has the meaning given in AS 46.14.990; 

(67) "organic vapors" means any organic compound or mixture of compounds 

evaporated from volatile liquid or any organic compound or mixture of compounds in aerosols 

formed from volatile liquid; 

(68) “ORL” means owner requested limit; 

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

(70) “PAL major modification” has the meaning given in 40 C.F.R. 

52.21(aa)(2)(viii), adopted by reference in 18 AAC 50.040; 

(71) "particulate matter" means a material, except water, that is or has been 

airborne and exists as a liquid or solid at standard conditions; 

(72) "permit" includes all of the elements described in the definitions of 

"construction permit" and "operating permit" in AS 46.14.990, and the same elements as they 

occur in a minor permit under AS 46.14.130(c); 

(73) "person" has the meaning given in AS 46.14.990; 

(74) "petroleum refinery" means a stationary source engaged in the distillation of 

petroleum or re-distillation, cracking, or reforming of unfinished petroleum derivatives; 

(75) “plantwide applicability limitation” or “PAL” means an emission limitation 

expressed in tons per year, for an air pollutant at a major stationary source, that is enforceable as 

a practical matter and established source-wide in accordance with 40 C.F.R. 52.21(aa), adopted 

by reference in 18 AAC 50.040; 

(76) "PM-10" means particulate matter with an aerodynamic diameter less than 

or equal to a nominal 10 micrometers; 

(77) repealed 7/25/2008; 

(78) “Port of Anchorage stationary source” means a stationary source located in 

the Port of Anchorage that contains one or more emission units subject to a standard in 
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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 the meaning given in 40 C.F.R. 52.21(b)(50), 

adopted by reference in 18 AAC 50.040(h); 

(93) "responsible official" means 
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(A) for a corporation, a president, secretary, treasurer, or vice-president of 

the corporation in charge of a principal business function, or any other person who 

performs similar policy or decision making functions for the corporation, or a dulyauthorized representative of that person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for or 

subject to a permit under AS 46.14 or this chapter, and 

(i) the facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million in second quarter 1980 

dollars; or 

(ii) the delegation of authority to the representative is approved in 

advance by the department; 

(B) for a partnership or sole proprietorship, a general partner or the 

proprietor, respectively; and 

(C) for a public agency, a principal executive officer or ranking elected 

official; for the purposes of this chapter, a principal executive officer of a federal agency 

includes the chief executive officer with responsibility for the overall operations of a 

principal geographic unit in this state; 

(94) “reviewing authority” means the department; 

(95) “rig day” means each calendar day that a single drill rig is drilling or testing 

an oil or gas well in normal operation or standby service; “rig day” does not include a day when 

(A) equipment is not operating; or 

(B) only light plants are operating; 

(96) "scheduled maintenance" means activities planned in advance designed to 

keep equipment in good working order; 

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

source; 

(98) "small business facility" has the meaning given in AS 46.14.990; 

(99) "smolder" means to burn and smoke without flame; 

(100) “soot-blowing” means using steam or compressed air to remove carbon 

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 68o F and an absolute pressure of 

760 millimeters of mercury; 
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(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); 
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(111) “Title V source” means a stationary source classified as needing a permit 

under AS 46.14.130(b); 

(112) “TPY” has the meaning given in AS 46.14.990; 

(113) "total suspended particulate" or "TSP" means particulate matter as 

measured by a method specified in the department’s Air Quality Assurance Manual for Ambient 

Air Quality Monitoring, adopted by reference in 18 AAC 50.030; 

(114) "uncontaminated fuel" means a hydrocarbon fuel, excluding propane, that 

does not contain used oil, crude oil, or a hazardous waste; 

(115) "upset" means the sudden failure of equipment or a process to operate in a 

normal and usual manner. 

(116) "vapor collection system" means all equipment, ducts, piping, valves, and 

fittings necessary to prevent organic vapors displaced at a loading rack from being emitted into 

the atmosphere; 

(117) "vapor-laden delivery tank" means a delivery tank that is being loaded with 

volatile liquid or that was loaded with volatile liquid during the immediately preceding load; 

(118) "volatile liquid" means a liquid compound or mixture of compounds that 

exerts a maximum true vapor pressure of 0.5 pounds per square inch or more; 

(119) "volatile liquid loading rack" means all equipment, loading arms, piping, 

meters, and fittings used to fill delivery tanks with volatile liquid; 

(120) "volatile liquid storage tank" means any stationary storage vessel that 

contains a volatile liquid; 

(121) “volatile organic compound” or “VOC” has the meaning given in 

40 C.F.R. 51.100(s), as revised as of July 1, 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 with 
Register 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 O3; 

 (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) “CO2 equivalent emissions (CO2e)” 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, Register 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 46.14.290 
Register 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 1993 

 
G:\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); 

no EPA Action Required

18 AAC 50.035 X Documents adopted by 

reference

7/25/2008,

11/9/2008, 

4/1/10, 

12/9/2010, 

9/17/2011, 

and 

9/14/2012

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 AERSCREEN in 
G:\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 information 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 needed
G:\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, 

9/17/2011, 

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,

9/17/2011, 

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) and 
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7/1/2010 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

7/1/2010

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,

9/17/2011, 

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 18 
G:\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 

conditions; 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, 

7/1/2010, 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

7/1/2010

NO No changes made; do not 

desire these fees to be part of 

EPA approved SIP; 403 

amended to correct crossreference 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 SIP
G:\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 

7/1/2010

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

7/1/2010

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 include 
G:\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 Definitions (21) and (77) 

repealed; amended 

definitions( 42(A)) and (63) 

to include revised dates; 

amended definition (59) to 

reference definition in the 

CAA; added definitions 

(126) “PAL pollutant” and 

(127) “regional 

administrator”; 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 to 
G:\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 

CO2e; clarify definitions in 

990; delete Editor’s Note 

from 12/9/2010
 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix V 2.1. (e) 

Evidence State Procedural Requirements Satisfied:

and

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

Dated Evidence of Proper Public Notice:

and

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

Certification that Public Hearings were Held if Applicable:

Affidavit of Notice of Proposed Adoption of Regulations and

Furnishing of Additional Information signed by Rebecca Tyson Smith 

dated 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 Hartig 

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 September 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 signed by Tom Turner dated September 28, 

2011.
I, Rebecca Tyson Smith, Environmental Program Specialist, of the Department of EnvironmentalConservation, being sworn, state the following:

As required by AS 44.62.190, notice of the proposed adoption of changes to 18 AAC 50, Air Quality

Control, updating adoption by reference dates offederal rules; adopting a federal rule part andnew subparts; repealing or deleting obsolete language; adding language to adopt and require

Title V standard application forms; clarifying modeling requirements; clarifying requirements forowner requested limits; and adopting clarifications to existing regulations to correct wording, to

correct cross-references, and resolve internal regulation conflicts has been given by being:

(1) published in a newspaper or trade publication;(2) furnished to interested persons as shown on the attached lists;

(3) furnished to appropriate state officials;(4) furnished to the Department of Law, along with a copy of the proposed regulations;

(5) electronically transmitted to incumbent State of Alaska legislators;(6) furnished to the Legislative Affairs Agency, Legislative Legal and Research Services;

(7) posted on the Alaska Online Public Notice System as required by AS 44.62.175(a)(l) and (b)

and 44.62.190(a)(,l);

(8) furnished electronically, along with a copy of the proposed regulations, to the

Legislative Affairs Agency, the chairs of the Resources Committees of the

Aiaska Senate and House of Representatives, the Administrative Regulation ReviewCommittee, and the legislative council.

As required by AS 44.62.190(d), additional regulations notice information regarding the proposedadoption ofthe regulation changes described above has been furnished to interested persons as shown on

the attached lists and those in (5) and (6) of the list above. The additional regulations notice information

also has been posted on the Alaska Online Public Notice System.

DATE: 31>r 7/

Juneau, Alaska

p SUBSCRIBED AND SWORN TO before me this

day of JJ&IemAtt 70 1

[NOTARY SEAL]

/&ov64 gk’tvcg 4

STATE OF ALASKA

OFFICIAL SEAL

Cassidy V. Kearney

NOTARY PUBLIC

My Commission Expires With Office.

‘Notary Publrc in and for the V

State of Alaska

My commission expires: jt4 VA CY5c_Q

Tyson SMth,

Environmental Program Specialist
Bausman, Nyree rtazmane)*censatig.ccoi Seit 9(22/20111:15 PM

NocIqDcre, Michele n*hi IeNadmwe@alaska.gov Sort 9/22/20111:15 PM

Blakesley, Anàea ancfrea_blakesley@res.gov Sent 9/22/2011 115 PM

Bloecher, Patrick pthIoediersithc.ctg Sect 9/22/2011 1:15 PM&4A, XMTE ieaiette,brena@cM&iocc4n Sent 9/22/20111:15 PM

Buckbee, Rachel rachd.bxkbee@bp.con, Sent 9/22/201 11:15PM

BURKE, TIMOTHY tirnothy.buke@asrcenergy.com Sent 9/22120111:15 PM

Duggirs, Sims sims.duggins@aeconi.com Sent 9/22(2011 1:15PM

EDwARDS, ALICE ake.edwards@alaska.gov Sent 9/22/201 11:15PMFowler, Paula paiajowler@ebiendorF.ai.ml Sent 9/22/20111:15 PM

Graham, Daniel dan@pecrimcoal.com Sent 9/22/20111:15 PM

Lekard, Jolerie $dcanof.itdxpower.com Sent 9/22/2011 1:15PM

LIM)SEY, Oc1STOPItR cbidseyi*cvcatig.cca Sect 9(22/201 11:15PMMccajsland, I-leather heather.rriccaus1and@yehoo.com Sent 9/242011 1:15PM

Menefee, Chris charles.rnenefee@lteclccom Sent 9/22(2011 1:15 PM

t’n, Tra.is travs.iror43nwshcreeI*.ccwn Sent 9/2420111:15 PM

rrweai.O, DEN1 áie,oi*)awareconsftg.net Sect 9/22/2011 1:15PM

Rthcreek, Jerwter irlchcreekLl’kodiak. coop Sent 9/22/20111:15 PMRiste, Alana ariste@slrccnsukflg.com Sent 9/22/2011 1:15PM

Robert’, Robert rrober24@csc,corn Sect 9(22/201 11:15PM

Ryan, Saly sahy.ryai@cardno.com Sent 9/22/2011 115 PM

SARAN, IP$1PER jsaran@ihecb-mhng.com Sent 9/22(2011 1:15PMSchuler, Alan alan.schder@alaska.gov Sent 9(22/2011 1:15 PM

SMITH, RECCA rebecca.sn-ithalaska.gov Sent 9/22/20111:15 PM

Spano, Mark nwkspaio@’a.u.bz Sat 9/22/2011 1:15PM

9raç, ES, eAi.straig@boss.com Sect 9(22/2011 1:15PM

ringham, Katherine katherine.sbinqham@us.af.ml Sect 9/22/2011 1:15PMTrbovich, Plan atrbovich@sfrcamAng.com Sect 9/22/20111:15 PM

Warer. Maui ytt.wdnm,darr Sent 912212011 t:15 PM 4J
The Department of Environmental Conservation (DEC). proposes to adopt regulation changes in Title

18, Chapter 50 ofthe Alaska Administrative Code dealing with Air Quality Control, including the

P1Ec RocOents DEC Wod’g’cq Recóerts

t4&ne 2atus Stabs Date

alesley, An&ea a&ea biakedey@rps.gov Sent 9/22/20111:15 PM

BRENA, JEANETTE jeenette.brene@c&dno.corn Sent 9/22/20111:15 PMBLKkbee, Rachel rachel.budcbee@bp.com Sent 9/22/20111:15 PMDuqns, Sin,s sth1s.duqgtisi!aecorn.corn Sent 9/22/2011 1:15PM

EDWARDS, ALICE dke.edwards@alaska.gov

Fo’Aer, Paula paula.fowler@eknendorF.aF.nil Sent 9/22/20111:15 PMLekanol, Jolerie jlekano@tdxpower.cocn Sent 9/22/20111:15 PMMccausiand, Heather heather.rnccauslar)d(I)yahoo.coIn Sent 9122/2011 1:15PMMenefee, Cltls charles.rnenefee@teck. corn Sent 9/22/201 11:15PM

Milion, Travis travls.mlIion@rnarshcreeHk.com Sent 9/22/20111:15 PMNEWBOILD, DENISE thewbould@awareconsdting.net Sent 9/22/20111:15 PMRichcreelc, Jennifer ichcreeIcJkodiak. coop Sent 9/22/2011 1:15PMRiste, Alana ariste@sfrconsuting.com Sent 9f22/2D1 11:15PM

Roberts, Robert rrober24@)csc.corn Sent 9/22/20111:15 PMRyan, Sally sally.ryar@cardno.com Sent 9/22/2011 1:1S PM

SARAN, JENNIFER jssai@heda-rnfling.corn Sent 9122/20111:15 PMSpano,Ma1 rnerk.spano@lewibiz Sent 9/22/2011 1:15PMStrang, Em erfristraig@Igmailcon, Sect 9/22/2011 1:15PM

,friwn, tatherte katheôw.strilgheIn€Ns.aF.rr4 Sent 9/22,12011 1: IS PM
The Department of Environmental Conservation (DEC), proposes to adopt regulation changes In Title

18, Chapter 50 ofthe Alaska Administrative Code dealing with Air Quality Control, including the

PtbIic RecIpients DEC Workgroup Recipients

Name [mall Status Status Oat

Sack,nore, rthele rrdcheIe.blath’e@aiadca.gov Set 9/22120111:15 PM

Bithcsley, Ancfrea andea blakesley@rps.gov Sent 9/22/20111:15 PM

BREM, XMCTE jeaite.frena@c&t.ccn Sat 9/22/20111:15 PM

Buckbee, Rachel rachel.bucirbee@bp.com Sent 9/22/2011 1:15PM

OURKE, TIMOTHY tknothy.burke@asrcenergy.com Sent 9/22/20111:15 PM

DuggWis, Sims simsduggths@aecorn.com Sent 9/22/201 11:15PMEDWARDS, AlICE alce.edwards@daska.gov Sent 9/22/2011 1:15PM

Griam, Dardel dwi@pxrincoal.coii Sent 9/22/2011 1:15PM

Lekanof, idene jekxd*thpower.ccn Sort 9/22/202 11:15PM

LItCS€Y, CFMISTOPHEP cIndse€sfrconsukflg.cotn Sat 9/22/201 11:15PM

I5Causla’4 Heather heatle .rnccasla’)ythoo.com Sat 9/22/20111:15 PM

Menelee, C1wis charles.meneFeeteck.com Sent 9/22/2011 1:15PM

NEWBOLt0 DENISE dnewbould@awareconsultlng.net Sent 9/22/20111:15 PMNIPATARUEDI, NATTINEE natt[ee.ri(ataruedi@’alaska.gov Sent 9/22/2011 1:15 PM

Richcreek, )erniFer jrlchcreek@koiak.coop Sent 9/22/20111:15 PM

Riste, Alana arte@sIrconsuRngcom Sent 9/221201 11:15PM

Roberts, Rthat rrther24€ksc.cotn Sat 9/22/2011 1:15 PM

Ryan, SaL’ saly.ryan@caitio.com Sent 9/22/2011 1:15PM

Schier, Alan alan.sctaier@alka.gov Sent 9/22)2011 1:15 PM

9.11Th, REBECCA rtheczasrCt@alaskagov Set 9j22/2011 L:t5 PM

Striçham, Katherine katherfrle.crin$bam@us.aEdftl Sent 9/22/201 11:15PM

Trbovich, Alan atrbovictesbconsulting.corn Sent 9/22/20111:15 PM
I, Rebecca Tyson Smith, Environmental Program Specialist, of the Department of EnvironmentalConservation, being sworn, state the following:

As required by AS 44.62.190, notice of the proposed adoption of changes to 18 AAC 50, Air QualityControl, updating adoption by reference dates of federal rules; adopting a federal rule part andnew subparts; repealing or deleting obsolete language; adding language to adopt and require

Title V standard application forms; clarifying modeling requirements; clariring requirements for

owner requested limits; and adopting clarifications to existing regulations to correct wording, to

correct cross-references, and resolve internal regulation conflicts has been given by being:

(1) published in a newspaper or trade publication;(2) furnished to interested persons as shown on the attached lists;

(3) furnished to appropriate state officials;

(4) furnished to the Department of Law, along with a copy of the proposed regulations;(5) electronically transmitted to incumbent State of Alaska legislators;

(6) furnished to the Legislative Affairs Agency, Legislative Legal and Research Services;(7) posted on the Alaska Online Public Notice System as required by AS 44.62.175(aXl) and (b)

and 44.62.190(a)(1);

(8) furnished electronically, along with a copy of the proposed regulations, to the

Legislative Affairs Agency, the chairs of the Resources Committees of the

Alaska Senate and House ofRepresentatives, the Administrative Regulation ReviewCommittee, and the legislative council.

As required by AS 44.62.190(d), additional regulations notice information regarding the proposedadoption ofthe regulation changes described above has been furnished to interested persons as shown on

the attached lists and those in (5) and (6) ofthe list above. The additional regulations notice informationalso has been posted on the Alaska Online Public Notice System.

/7

Juneau, Alaska

1 Rebecca Tyson SM6,

Environmental Program Specialist

SUBSCRIBED AND SWORN TO before me thi 5Z3’ day of , 2Oii

7L4E/a%v

[NOTARY SEAL]

STATE OFALASKA

OFFiCIAL SEAL

Cassidy Y. Kearney \•Qi

‘ NOTARY PUBLIC ‘Q7

My Commission Expires With Office.

Notary Public M atcd fbr the I

State of Alaska

My commission expires: (Aii’7’ X#ce

DATE:
aausrna’i, Nyree rta&wnan€’*consAiogccni Sect 9/22120111:15 PM

Biarksnore, lcheIe rnicheUe.blaclcsnore@aIaska.gov Sent 9/22/201 11:15PM

akesIey, Andrea axkea_blakesiey@nps.gov Sect 9/22/2011 1:15PM

Sloecher, Patrick pabbecher@anthc.org Sent 9/22/201 11:15PMBRENA, XAJ’JETTE jeanette.brena@cardno.com Sent 9/22/20111:15 PM

Buclcbee, Rachel rachel.buckbee)bpco.n Sent 9/22/2011 1:15PM

BLRKE, TItKITF-rY twnothy.burketwasrcenergyco.n Sat 9/22/2011 1:15PM

Duw-Is, Skns ns.&.jgiis@aecom.ccn Sect 9/22/20111:15 PMEDWARDS, AUCE ake.edwsds@alaska.gov Sent 9/22/2011 1:15 PM

Fowler, Pada paAaFowa@efrnendorf.af.ir Sect 9/22/2011 1:15 PM

Graham, Daniel den@pacrticoal.com Sert 9(22/20t1 1:15 PM

Lekard, Jolene jlelcanol@tdxpower.com Sent 9/22/20111:15 PMLINDSEY, CHRISTOPHER chdsey@slrconsjiting.com Sent 9/22/201 11:15PM

McCausland, Heather heather.mccausland@yahoo.com Sent 9/22/20111:15 PM

MeneFee, Chris cherles,meriefee,)teck.com Sent 9/22/2011 1:15 PMMilion, Travis travis,mliion1marshcreekllc,com Sent 9/22/20111:15 PM

LWBC(1D, E)€N& &ievd@ewaecctmAkg.net Sect 9/22/201 11:15PM

Rldxreek, Jerster ictxreel*oflaLcoop Sent 9/22/20111:15 PM

RAge, Alana ariste@sfrconsd&sg.ccin Sect 9/22/20111:15 PMRoberts, Robert rrober24@csc.com Sect 9/22/201 11:15PM

Ryan, 5aly salyryan@cardno,cn Sent 9/22/2011 1:15 PM

SARAN, JENNIFER jsaran@heda.nflng.com Sent 9/24201 11:15PM

Schuler, Alan aian.scWer@ialaslca.gov Sent 9/22/20111:15 PMSMITH, RE8ECCA rebecca.smith@alaska.gov Sent 9/22/20111:15 PM

Spano, Mark mark.spano@awwu.bz Sent 9/22/201 11:15PM

Strang, Erin erin.strang@hnross.com Sent 9/22/201 11:15PM

Strli9ian, Kad,eitt ktefre.stffiwn@usd.ni Sat 9/22/20111:15 PMIrbovich, Alan atrbovich@sfrcons.Akiq.com Sect 9/22/2011 1:15PM

WaI’n.Marti, wtt.waierec,mdarn Sect 912212011 1:15PM ‘
The Departnent of Environmental Conservation (DEC), proposes to adopt regulation changes in Title

18, Chapter 50 ofthe Alaska Administrative Code dealing with Air Qaality Control, including the

P.±k RecñeMs DEC Worfrqa Recpeits

Name Emad Status Status Date

Blakesley, Andrea an&ea_blakesley@rps.gov Sert 9/22/20111: IS PM

8RENA, JEANETTE jeanette.brena@cardno.com 5ent 9122/20111:15 PMBuckbee, Rachel rachej.buckbee@ibp.cc.ii Sent 9/22/201 11:15PM

Duggw, Sms sIms.óigns@aecom.com Sent 9/22/2011 1:15PMEDWARDS, ALICE aNce.edward9&alaska,gov

Fowler. Pada paulaiowbr@elrnendoff.aI.rril Sent 9/22/2011 1:15 PM1ekano, Jdene jlekard@tdxpower.con Sent 9(22/2011 L iS PM

McCa.4and, Heads beau,mccaidend@’ythx.corn Sat 9/22/20111:15 PM

rienefee, OTIS cbaries.rnenefee@teck.ccin Sent 9122120111:15 PM

MilIon, TravIs travis.nIion@marshaee&ccwn Sent 9/22/20111:15 PM

EW9OttO, COfl &lewbo.Ad@awMeconsLti’,g.net Sat 9/22/20111:15 PMRidxreek, )err*er frkhaeeI4akcoop Sect 9(22/2011 1:15 PM

Riste, Alana ae@slrconsttlnq.com Sent 9/22/201 11:ISPM

Roberts, Robert rrther24@csc.com Sent 9/22/201 11:15PM

Ryan, Sally sally.ryen©cardno.ccm Sent 9/22/20111:15 PM

SARAN, JENNIFER jsaran@hecb-rnInfr’ig.con Sent 9/22/2011 1:15PM

Spano, Mark mslcspano@awwu.biz Sent 9/22/201 11:15PMStrang, Erin erflstrang@gmal.com Sent 9/22/2011 1:15 PM

Stri.4ia.n, Ktierte kfre.strind’iain€’us.af.wd Sent 912212011 1:15PM
The Department of Environmental Conservation (DBC), proposes to adopt regulation changes in Title

18, Chapter 50 ofthe Alaska Administrative Code dealing with Air Quality Control, including the

Ptt&c.Replent, DEC workgroup Redpdents

Name Email Status Status Date

Blackniore, Mchele mlchelle.blaclqnore@alaska.gov Sent 9/22/20111:15 PM

Olakesley, Ari&ea ancfrea_Uakesley@nps.gov Sent 912212011 1:15 PMBRENA, XANETTE jeanette.ena@car&bo.cG11 Sent 9/22/2011 1:15PMBuclchee, Rachel rachel.buclcbee@bp.com Sent 9/22/201 11:15PM

BuRKE, TIMOTHY timothy.burke@asrcenergy.com Sent 9/22/201 11:15PMDughs, Sims slms.dugø,s@)aecom.com Sent 9/22/201 11:15PM

EDWARDS, ALICE ate.ewardsg’Saska.gov Sat 9/22)2011 1:15PM(iraiwn, Da-id dw4pacTi,,coelcon Sat 9/22)20111:15 PMlekanot, Jolene $anoF@tdxpower .com Sent 9/22120111:15 PM

LThDSEV, CFRISTOPI€R cfridsey@sfrcons*iiv.com Sent 9/22/20111:15 PM

McCausland, Heather heaher.nxcausbnd@yahoo.com Sent 9/22/2011 1:15PMMa,efee, Cl-it chales.menefeeckeclc.can Sent 9/22/20111:15 PMrtWEC*AD, DENISE &ba.id@awareconstfrq.net Sat 9/22)20111:15 PM

NIPATPRtIDI, NATIVe natthee.nata’ued@aLadca.gov Sent 9/22/20111:15 PMRidxredc, Jernter pttxreeI€*oak.coop Sat 9/22/2011 1:15PM

Riste, Alane ariste@sfrconsultfrig,corn Sent 9/22/201 11:15PMRoberts, Robert rrobcr24@csc.ccm Sent 9/n/WI 11:15PM

Ryan, Saly saIly.ryancardno.com Sent 9/22/2011 1:15 PMSchda Alan alan.schuler@alaska.vov Sent 9/2212011 1:15 PMSMITH, REBECCA rthecca.swih@alaska.gov Sent 9/22)201 11:15PM

Stilnghani, Katherne katherfle.strflghan@uc.a1.ml Sat 9/22/20111:15 PMTrbovlch, Alan atrbovich@slrconsutng.com Sent 9/22/201 11:15PM
p

p

y 

p

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 correct crossreferences, 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 :\ir
INTERESTS COULD BE AF

C

p

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, Alaska
50.215, 18 AAC 50.220, 18 

, 

, 

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 ofthe 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 ofstate 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 121
 

(This page left blank intentionally) 


g 

y 

deposes and says that he/she is

a representative of theAnchorage 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 adaily newspaper in Anchorage,

Alaska, and it is now and duringall said time was printed in an

office maintained at the aforesaidplace 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

August 29, &30, 2011

and that such newspaper was

regularly distributed to its

subscribers during all of saidperiod. That the full amount ofthe fee charged for the foregoingpublication is not in excess ofthe rate charged private individuals.Signed

3A npu’vt4J_r

Subscribed and sworn to before

update adoption by reference rules adopted in 18 MC 50.035 and lB AAC

S0.040adopt a federal rule part and new subparts In

18 MC 50.040.repeal or delete obsolete language in 18 MC 50.035. ia MC 50.040,18 MC 50.990. and 18MC 50.990 Editor’S note.

add language to adopt and require Title V

standard application forms fn IS MC 50.035

and 18MC 50.326.

clarify modeling requirements In ISAAC 50.215.clarify requIrements for owner requested blilsm18MC5.fl5.

ado clarifications to e,dstklg regidadons to

reCt vMfl to correct aosS.(eferencaand resolve haaTwI regulation conflicts frI IS

MC 50.220. 18 MC 50.302, 18 MC 50.326.

18 MC 50.345. ia MC 50.400 and 18MG

50.5.

you may comment on the proposed regulation changes, Including the potential costs to prIvate

petsO(S

& crfll)€ with the proposed diflCS by

submitting wrItten comments to Rebecca Smith. Environmental Program Specialist. AIr PermIt

Program. Alaska Department of Environmental ConwatI0n. 410 willOughby Ave., Stite 303 P.O.

Box 111800. j,neau.

M 99811-1800, by tdie at

(907) 465-5129. or by e-mail to the AIr QualIty Convnents Dodet at dec.aq.alrdccketoalaslcaWJ.

comments must be received by 5:00 p.m., on

September80. 2011. Coniments received after Oilsdate will not be considered In fInal action on these

nia

Oral or written comments also may be submItted at

a hearing tO be held on September 28, 2011, at the Department of Environmental Conservation eulldin 619 E. St Csaelc, Ste. 249, Anchorage, AX 9950 - The hearIng wIl be held from 2:00 - 310 p.m- and

might be extended tO accommodate those present before 3:00 p.m. who did not have an opportulity to

comment There .61 be a call-In number It you are

not able tO attend the meeting in person. The cal-WInwnbar will be 1400-3154338. and Hue M8t Me

COdevielbeSl2st.

it you-are a person with a disabIlIty who needs a spedal accommodation hi order to partlcata hi this public process. please contact Deborah pock at (907) 269-0291 or TDD Relay Service i-BO077o897VIfl or dial 711 no later than

Se9nwganvren

For a copy of the proposed refulalloll changes,wflct Itebecca Stiith. Ak permIt Program. Alaska

Department of Environmental Consenatlon. 410 Willoughby Ave., Suite 303. P.O. Box 111500,naJ, M(99t1I-1 by rAlciie aU907) 465-5121;

by facsimile at (907) 465-51 29; or go to lie

proposed regulations and a oepartlTlerlt Explanation of the Proposed changes document are available

from the DEC AIr Quality web site atlit1 sflmyaiaslca.5tate.ai<.u5Macrn0dlsw8tl bllcPermltLIstlnRsasP) and at

After flie pubIc comment perlöd ends on September

30, 2011, DEC will either adopt these or other provisions deallnawith the same subject, without

lurtlier 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 COULO BE AFFECTED. Written

comments received are public records and aresubject tO public inspection.

5atoiyAuthOrlty 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*S46.14.0 20,AS 46.14.030, AS 46.14.120, AS 46.14.140

Fiscal Information: The proposed regulation changes

are not expected to requIre an Increasedappropriation.

Dated: August 25,2011 Anchorage, Alaska

/5/ Larly Hartig. Commissioner

methis?’ dayoi

2011

Nolary Public in and for

The Slate of Alaska.Third Division

Anchorage, Alaska

MY COMMISSION EXPIRES

6’/t 7°/C

Ao.33-50l 7l2

publIshed: August29 & 30,2011
 

(This page left blank intentionally) 
938554 09/22/2011

09/23/2011

$

STOFIIOI $378.48

$756.96

STATE OF ALASKATHIRD JUDICIAL DIST1UC

Shane Drew, being first duly sworn on oath deposes and says thathe is an advertising representative of the Anchorage Daily News,

a daily newspaper.That said newspaper has been approved by the Third Judicial

Court 1Anchorage, 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 all said time wasprinted in an office maintained at the aforesaid place ofpublication of said newspaper. That the annexed is a copy of an

advertisement as it was published in regular issues (and not insupplemental form) of said newspaper on the above dates and

that such newspaper was regularly distributed to its subscribers

during all of Mid period. That the full amount of the fee chargedfor the foregoing publication is not in excess of the rate chargedprivate individuals.

Signed<1A_&..&....E&flttu—

Subscribed and sworn to me before this date:

/1 (C

Notary Public in and for the State of Alaska.

Third Division. Anchorage, Alaska

MY COMMISSION EXPIRES: 67/r//T

UCJ 04 2011

$0.00 $0.00 $0.00 $756.96

1’

RECEIVED

ADEC AQ
50.040.

MC

adopt a federal rule part and new siabparl,s In 18 Mt 50.040,

50.035. repeal oriadelete MC obsolete language in 18 MC MC 50.040, 15 MC 50.990, and 18 50.990 Editors note. add language to adopt and require Title V standard application tonI, 3in 18 Mc 50.035 and 18 MC 50.326.

50.215. clarify modeling requirements In 18 AAC

clarify requlrerne 115for owner requested i’m lila Mc 50.225. adopt clarifications to existing regulations to correct Wordi,m, to Correct cross-referec,r

MC

arid resolve Internal regulation conflicts in 18

18 Mc

SO 220. 18 MC 50.302, 18 MC 50.326,

50.540, 50.345, 18 MC 50.400 and is MC

ThisextendSupplemental public notice is being issued to

comment

the deadline for the end of the puii period.

Changes.

You may comment on the proposed regulation

pwsc.s

including tile potential costs to private

submitting

of corrpyjng written Mtft the proposed changes, by

Environmentai comments to Rebecca SmithProgram. Program Specialist, Air Permit Alaska Department of Environme,,tal Cofiserveffo,,

Box iiigoo,

410 WIlloughby Ave., suite 303 P.O

(907) Juneau, .4i( 998 I1-laoo by facsjmlie at

comment.s

465.5129. or by e-mail to the Air Quality

Comments

October

Docket

must

at

bedec.aq.airdocketoaia 5greceived by s,oo p.m., on

date will 17. 2011. Comments received after thisrules.

not be considered in final action on these

a

Oral

hearing

or teritten co.,vnents also may be sitniOted at

Department

to be held on September 28, 2011, at the of ErIvjsoq,ne,, Consentaijnj, BuildIng

The

619 E. Ship Creek. Ste. 249, Anchorage *x 99501

mighthearing be will be held from 2:00. 3:30 p.m. and Dettire extended to accommodate those present

comment

3:00

There p.m. who did.not have an opportunity to nOt able wiu be a call-in number if you are

number

to

will

attend the meeting In person. The call-in

Code will be 1.800.315.6333 and the Meet Me be 81232.

weclaI

if you area person with a disability who needs a

public acw.mnoja In ato participete In dis process please contact Deborah Pock at (907)

1-800

269 0291 or TOO Relay Service

Septeweç -770a9731n-y or dial 711 no later than 26, 2011, to emse that any necessary acconln-Iodeucns can be provfded.

For a copy of the proposed regulation changes contact

Department Rebecca Smith. Air Permit Program, Alaska Willoughby of Environmental conservatIon 410 Ave., Suite 303, P.O. aox 111800, Juneau, *J( 99811-1800 bvphone at by (907)465.5121 facsimile at (907) 465-5129; or go to The

ofproposed the Proposed rjlatlons Changes and adocrent OnlerlmecitareExøanatio 1,available from tile OEc Air Quality web site at htP&llmta*asta4eatu5,deEJE,art,,, blicPermitilstingsaspx and at

After

17,

the public comment period ends on October 2011, DEC will either adopt these or other provisions dealing with the same subject without

The

further

language notice, 01’ decIde to take no action on them of the final reguiai 5may be

YOUR

SHOtJLCr

differenflrom

COMMENT

that of

DURING

the proposed DIE TiNt regulatj 5ALLOWED F INTERESTS COULD BE AFFEcTED Written comments received are public records and are si4ect to pitt inspection

.M. 46.03.710*546.14010 AS 14.020. *546.14.030 Statutea Seine Impirateiga, interpreted, or Made

ASSpedfleAs 46.14,01o, AS 46.14,020 AS 46.14.030, 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

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 ofpublication 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 chargedfor 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 AQ
405439

NOTiCE OF PUBUC

COMMENT PERIOD

ON PROPOSED

CHANGES TO

DEPARTMEPCr OF

ENVIRONMENTAL

CONSERVATION

REGULATIONS

Th. Department of

Environmental Con

sen.atkn (DEC) pr

poses to adopt regulation ctwiges In Title

18. Chapter 50 of the

Alaska A&nh,lstratlve

Codedesn9WtthAk dl

Quality Control. ‘1 dn9 the blow

‘tpdate adoption by reference dates of q

federal rules adopted

In 18 FAG 50.035 and

18 FAG 50.040.

rwloethnP4o:

changes by Submit t ng wrItten corn

I ITlenta to Rebecca

Smith. Envfronrnsn.Program SpeJ.jist Air PermIt rograzn. dl AJaska Department ol L Envlronment.aj Con

SalVatIon. 410

WIlloughby Ave., Suite 303, P0. Box

111800. Junea_u, AX

00811-1500. by lao sfllie at: (004 4e5- 51,

a by e-mail to the Ak Quay Com

ments Docket at

dec.aq.airdocket@aJ aakago Convnente rrtlst be received by

Notary Pu6in and for the State Alaska.

My commission expires GfJ4tb?

UNITED STATES OF AMERICA

STATE OF ALASKA

FOURTH DISTRICT

55.

Before me. the unprsigne , notary public, this day

personally appeared -flaThip.,

ê 1)212 ,who, being

first duly sworn, according to law, says that he/she is an

Advertising Clerk of the Fairbanks Daily News-Miner, anewspaper U) published in newspaper format, (ii)

distributed daily more than 50 weeks per year, (iii) witha 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 ftom the UnitedStates Postal Service, (v) not published primarily todistribute advertising, and (vi) not intended for aparticular professional or occupational group. Theadvertisement which is attached is a true copy of theadvertisement published in said paper on the following

day(s):

tii

aw

p

d6;33c6tYé /&

and that the rate charged thereon is not excess of therate charged private individuals, with the usualdiscounts.

dX4t1L‘th4WAVJ

Subscribed and sworn to before me on this3O day

of . ,201

4

I
405439

NoticE or rustic

COMMENT PERIOD

ON PROPOSED

CHANGES TO

ALASKA

DEPAR1MENT OF

ENVIRONMENTAL

GONSERVAflON

REGULATIONS

The Department of

Environmental Con

ser,atlon (DEC), pro

poses to adopt regu lation changes In Title

18, Chapter 50 of the

Alaska Administrative

Code dealing with AirQuality Control.

Including the follow.t’update adoption by reference dates of

federal nies edopted in IS AAC 50.035 and

IsAAC 50.040. • adopt a feder nile

pert and new subparts In 18 PAC50.040.

• repeal or delete

obsolete languege in18 AAC 50.035, 18

MC 50.040. 18 AAC

50.990. and 18 PAC

50.990 Editors note. - add language to adopt and requIre Title V standard applI cation forms In 18

AAC 50.085 and 18

FAG 50.326. • clarify modeling requirements

m 18

FAG 50215.

claWy req ulrernents for owner requested limits In 18 AkC

50225.

• adopt clarifications

to existing regula Sons to correct wordli-ig, to Correct cross- I references and

resoNe Internal regu. lotion conflIcts In

18 AkC 50.220.

.% is AAC 50.302. “ 18 FAG 50$26,

ISAAC 50.345,

iSAAC 50.400, and

18 AAC 50540.

You may comment

On file proposed reg ulatlon changes. Including the poten Sal Costa to private

po,ona of compJylng wit!. the froposed changes, by sttmlt ting written corn

mania to RebeccaSmith. En’.IronlnentaiProgram SpecialIst.

Ak Permit Program.

Ajoalca DapartmeTlt Of

Environmental Con

servatIon. 410Willoughby Ave..

SuIte 303, P0. Box

111800. Juneau. AK

99811-1800, by fac

simile at: (907) 465-5129. or by e-mail to

the Air QualIty Cornmen? Docket at

UNITED STATES OF AMERICA

STATE OF ALASKA

FOURTh DISTRICT

}Ss.

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 aparticular 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/

4Sd

1o-33-Jo/e -/2

and that the rate charged thereon is not excess of the

rate charged private individuals, with the usual

discounts.

dX1iLth4za,c

Subscribed and sworn to before me on this3O day

of_____

4

I —‘-

Notary Pu’EiIc in and for the State Alaska.

My commission expires (k/J/7/_/,
Before me, the un4prsigne , notary public, this day

personally appeared .flO7iiP., é fY20 ,who, being

first duly sworn, according to law, says that helshe is an

Advertising Clerk of the Fairbanks Daily News-Miner, a

newspaper U) published in newspaper format, (ii)

distributed daily more than 50 weeks per year, (iii) witha total circulation of more than 500 and more than 10%

of the population of the Fourth Judicial District, (iv)

holding a second class mailing pennit from the United

States Postal Service, (v) not published primarily todistribute 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 followingday(s):

4wgG9 297/

comment

‘%—‘i ‘30. 2011. DEC will

either adopt these or

J other proviSI0fl deal’ ‘ti Ing with the same

— subject, without tur

ther notice. or decide

to take no acilon on

than’. The nguage

of the fIJ e9L4s’tons may bo dWerSfl t

Iron’ that 0 the p4

posedYOU SHOULD

regutaUQI’ 5C0M

MEN’I’ DURING THETiME ALLOWED IF

YOUR INTERESTS

COULD BE APEEG”

ED. Wrltt

ments

—

recalved ale

_a w

sre subject to public

inspection Statidoly pa,thorItY

AS 46.OS.7.

AS 4614010.

AS 46.14.020.

AS 45.14.080 Being

and that the rate charged thereon is not excess of the

rate charged private individuals, with the usual

discounts.

dXQkLWjt27e7,Wi

Subscribed and sworn to before me on this3O day

.20/!

I —‘ -- Notary Pu’EiIc in and for the State Alaska.

of

4

My commission expires GfJ-Ot&? &}1/23 a I

OF AMERICA

IASKA

TRICT

BUC

PlOD

ED

OF

AL

N

S

90

LI.

at

6’

16<33ó6/e4-/2
UNI 

y ServIce 1-800- 770-8973/fly or dial 711 no later than

September ia, 2011, to ensure that any

necessary accommo dations can bo

provided. For a copy of the proposed regulation changes, contact

Rebecca Smith, Air Permit Program. Alaska Department 01 Environmentai Con servation, 410 Willoughby Ave., Suite sea, RD. Box 111800, Juneau, AK 99811-1800; by phone at (907) 465- 5121:

(907) by facsimile at U 465-5129; orgo to httn://www,dec stuta&c USf5kJn9

reOtifltLhftn The Proposed regulation, CL and a Depanmen Explanato of the

O Proposed Changes document are avail- able frohi the DEC Air Quality web sIte at 1tOWJ/flwaIaaka

aaicLnidec/air,air LI SWebWLthMc Pa.

and

at btoilla

CL

retNm

After the public comment period ends on September 30, 2011, DEC will either adopt these or other provIsIons dew ing with the same

subject, without fur ther notice, or decide

to take no action on them. The language of the final regula tions may be different

from that 01 the pro POsed regulations. YOU SHOULD COM MENT DURING THE TIME ALLOWED IF YOUR INTERESTS

COULD SE AFFECT ED. Written com

ments received are public records and

are subject to public inspection,

Statutory Aulborky, AS 46.03.710, AS 46.14.010.

AS 46.14.020.AS 46.14,030Statutes Being implemented, Inter preted, or Made Specific:

AS 48.14.010.

AS 48.14.020.

AS 48.14.030,AS 48i4.120, AS 46.14.140Fiscal Informatien.

The proposed regula tion changes are not expected to require an increased

appropriation, Dated: 8/25/11

Anchorage. Alaska By: Larry Harug, CommIssionerPublish: Aug. 29. 30. 2011

ERICA

Before me, the unjrsigne4) notary public, this day

personally appeared .f5tnh)I/fee/nt2 ,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) witha 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, Cv) not published primarily todistribute advertising, and (vi) not intended for aparticular professional or occupational group. Theadvertisement which is attached is a true copy of theadvertisement published in said paper on the followingday(s):

(lii

aJsc, aa’/

2-33-JO/4-J&

and that the rate charged thereon is not excess of therate charged private individuals, with the usualdiscounts.

F’

—

,0Pc;

Subscribed and sworn to before me on thisO day

of diL4

I —s”

Notary Pu’Euic in and for the State Alaska.

My commission expires

.&1/3
Subscribed and sworn to before me on this

2day

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/OPno , 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 requfrereceived 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

etCmilled at a hew day(s):

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.

Suite

303.

P0.

80’

111600, Juneau. A$ 99811.1800

b

(901) 465.51 29 or 9’

to

proposed reguietlone

and a DepartmeflExplanation 01 the Proposed Changes\

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
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) AS 46.14.010, AS 48.14.020, iily more than 50 weeks per year, (iii) with AS 48.14.030, AS 48.14.120, tion of more than 500 and more than 10%

AS 46.14.140 n.c.i kdoniiaflon, ation of the Fourth Judicial District, (iv) The proposed regula tion changes are not ond class mailing permit from the United expected to require

en increased appro I Service, (v) not published primarily to priation. Ivertising, and (vi) not intended for a Dated: 9/20/11

Juneau. Alaska rofessional or occupational group. The By: Larry Hartig. Publish: 9/22,9/23/11 it which is attached is a true copy of the

advertisement published in said paper on the following

day(s):

2 Public Notices

Wliioughby Ave.. Stile 303. RD. Box

111600. Juneau, AK

99811-1600. by tao aflie at (907) 465-

5129. or by e-mai to

the Air Quality Corn- merits Docket at

dec.aq.alrdocket@ aiasicagov.

Comments must bereceived by 5:00

p.m.. on October17. 2011. Commentsreceived after this

date wili not be considered in finai action

on these rules.

Orai or written com

ments aiso may be submitted at a hear

ing to be heid on September 26. 0h1.

at the Department of

Envlronmontai Con

servatlon Boliding.619 E. Ship Creek,

Ste. 249. Anchorage,

AX 99501. The hear

ing wIil be held from

2:00 . 3:30 p.m. anmight be eflended to

accommodate thosepresent before 3:00

p.m. who did not have an opportunity

to comment. There

wlU be a cail-In num

ber it you ere not able

to- attend the meeting

in person. The cal-innumber wlil be 1-800-315-6338. and the

Meet Me Code wiii be

8129*.

If you are a person

with a dleablKty who

needs a specialaccommodation in

order to participate in

this pubIc process.

please contact Deborat. Pock at (907)269-0291 or TDD

Relay Service I .600-

?70.8973/TTY or dial

711 no iater than

September 26. 2011.

to ensure that any

necessary accommo

dations can be provided.

For a copy of the

proposed reguiationchanges, contact

Rebecca Smith, Air

Permit Program,

Alaska Department ot

Environmental Con

aeratIon, 410Willoughby Ave..

State 305. P0. Bo,q

11j1800, Juneau, *iq 99811-1800; byl

phone at (907) 485-]

5121; bytacalmie

(9077465-6129; or

to httnItW.W,’.dec.state alt

reauiatl.htn. Th

proposed reguiationaand a Department

Explanation of the Proposed Changes

4 2 PublIc Notices 408452

SUPPLEMENTAL

NOTICE OF PUBLIC

COMMENT PERiOD

ON PROPOSED

CHANGES TO

ALASKA

DEPARTMENT OF

ENVIRONMENTAL

CONSERVATION

REGULATIONS

The Depastrnent of

Environmental Con

ssrvation (DEC). pit

poeee to adopt regu

lation changee In tUe

18. Chapter 50 of the

Alaska AdminIstrative

Code dealing with Air

Quality Controi,including the foiiow

ing:

• update adoption by

reference dates of

federal n.lies adopted

in 18 AAC 50.035 and

18 .AC 50.040. • adopt a federal ruiepart and new sub

parts in 18 AAC 50.040.

• repeai or deiete

obsolete iw-igiage in

18 AAC 50.035. 18

frAC 5ao40. 18 frAC

60.990, and 18 PAC50.990 Editor’s note.

- add ianguage to

adopt and require

Title V standard appu

cation forms In 18AAC 50.035 and 18AAC 50.226. - ciarify modeiing In IA

% ‘-‘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 expires
I S tV Ot.tiJ.

• adopt a federal rule

part and new subparts in 18 AAiC

50.040.

• repeal or delete obsolete language in 18 tAO 50.035. 18

AAC 50.040. 18 PAC

50.990, and 18 PAC50.990 Editor’s note. • add language toadopt and requIre

Title V standard app11-

cation forms In 18

,AC 50.035 and 18

AAC 50.328. • clarify modeling requirements In 18tAO 50.21 6. • clarify requfrementsfor owner requested

limits In 18 AAC

50.225.

• adopt clarRlcatlons

to existing regula

tions to correct word

Ing, to correct cross

reterenoes, andresolve Internal regu latlon oontllcts In 18

AAC 50.220,

ISAAC 50.302.18 AAC 50.328.

18 AAC 50.345,ISAAC 50.400, and18 AAC 50.540.

This supplemental

public notice Is

being Issued to

extend the deadlinefar the end of the

public commentprtod.

You may oomment

on the proposed reg ulation changes, Including the poten tial costs to privatepersons of complying with the proposed changes, by submit

ting written com

ments to RebeccaSmith. EnvironmentalProgram Specialist, Air Permit Program,

Alaska Department of

Environmental Con

servation, 410

Public Notices

Wflioughby Ave.,

,&ilte 303. P0. Box

111800. .k,neaj. AK

99811-1500, by fec elmne at (907) 498-

51, or by e-mail to the Air Quality Com

ments Docket at

decsq.elrdocketg, aleslcagov.

Comments nzmt be

received by 5:00

p.m., on October 17,

2011. Comments

received after this

date wVl not be considered In final actionon these ides.

Oral or written com

ments also may be

pinrär PTObI’flnl

Alaska Department of

Environmental Conservation, 41

Willoughby Ave..

Stdte 303. P0. So111800, .JLneau.

99811-1800; by phone at (907) 465-5121: byfacabrile

(907) 465-5I or go

to httml/www.dec.

e.ak LnIalr!/reoulstLhtm. Theproposed regt4atlonsand a Department Explanation of theProposed Changes document are avail

able from the DEC AkQuaty web site at Nthe:Umnp

statesk.usMec/afr/

sJrtnnSWeblThflcPnnnaas,x

and at httng/dec.alasltsoovfafr/an/

ISO Li lM1.htrn

Alter the public

comment period ends on October 17,2011. DEC wIll eitheradopt these or other

provisions dealing with the same sub

ject, without further

notice, or decide to

take no action onthem. The language of the final regula tions may be different from that of the pro posed regulations.

YOU SHOULD COM

MENT DURING THE

TIME ALLOWED IFYOUR INTERESTSCOULD BE AFFECT

ED. Written com

ments received arepublic records andare subject to public inspection.

Statutory Authority:

AS 46.03210,AS 4614,010,AS 46.14.020,AS 46.14.030Statutes Being

implemented,

rn, according to lw, says that helshe is an

lerk of the Fairbanks Daily News-Miner, ai) published in newspaper format (ii)

iily more than 50 weeks per year, (iii) with

tion of more than 500 and more than 10%

lation of the Fourth Judicial District, (iv),ond class mailing permit from the United

1 Service. Cv) not published primarily to

Ivertising, and (vi) not intended for a

rofessional or occupational group. The

it which is attached is a true copy of the

UNITED STATES OF AMERICA ) STATE OF ALASKA

> SS.

FOURTH DISTRICT 1

2 Public Notices

Before me, the undersigned, a notary public, this day

‘nnailu n’ peared 7(7 , who, being

.d

AS 46.14.010,

AS 46.14.020,AS 46.14.030,AS 46,14.120,AS 46.14.140

Macal Intonation;

The propoeed regula tion changes are not

expected to reqLire

an Increased appro fltlon.

Dated: 9)20/Il

Jtaieau, Alaska

By: Larry Hafllg, Publish: 9/22. 9/23/11

advertisement published in said paper on the followingday(s):

I

and that the htq’*rged thereon is not excess of therate charged privit& individuals, with the usual

discounts.

J/i2 //

I’

3

“I

4,

.4

-hi

Subscribed and sworn to before me on this

I day

of

,20

_

-

Notary Public in an5o,’the State Alaska.

My commission expires.
 

(This page left blank intentionally) 
United States of America

State of Alaska

First Division

Ad#: 139721

Ref: #: AO 33-5015-12

Legal #: 800-035

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—.•__‘ A,— A1 440125. 2011 da.y Hall 9.

d0tl 01110414*1010

*44,01; M.OAII 20 alid 30 20’

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 ofJuneau, 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! _p4474t\&,q4 4y.c

Subscribed and dwbrn to before me this

6th day ofJ

Notary Publi
 

(This page left blank intentionally) 
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. EnvironmentalProgram 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 orhese rules.

)ral or written comments also may be subflitted 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 22nd 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

2nd day of April 2012.

Notary 1j’u9Ic in anJor the State of Alaska.

My

STATE OF ALASKA )4P

OFFICIAL SEAL

G.George \ThJrj.S

NOTARY PUBLIC “6’

Commission Expires 1110312015
United States of America Ad #: 140437

State of Alaska

First Division

)er will be 1-8b0-315-6338, and the Meet1e Code will be 8123#.

I you are a person with a disability whcieeiis a special accommodation in order tc

participate in this public process, please

ontact Deborah Pock at (907) 269-0291 oi

ltD Relay Service l-soo-77o-B973ITtY °‘ I, Frances S. Dowd, being first dulyhal 711 no later than September 26, 2011,

o ensure that any necessary accommoda- sworn, oath, depose, and say that I am the

ions can be provided.

For a copy of the proposed re9ulation Principle Clerk of the JUNEAU

Thanges, contact Rebecca Smith, Air Permi

Program, Alaska Department of Environ- EMPIRE,

a newspaper of general nental ConserVation, 410 willoughby Ave.,

Suite 303, P.O. Box 111800, Juneau, Al )98111800:byphOfleat(907)465S1 2tb) circulation, published in the city of

acsimile at (907) 465-5129; or go tc

rno:/Avww.dec state.ak us/air/an/reaulati.ht Juneau, State of Alaska; that the

rn.The proposed regulations and a Depart- Explanation of the Proposed Change publication was published in said

ocument are available from the DEC Ai,

u a lit y web sit newspaper on the 22nd day of September t pjy wa1aska srnraaK us.’dae/aW/aktooisWet,

‘ublicPa,mrnJson-aX and a 2011 and thereafter for 1 additional

7ffD://dec pjaskp.ooy/air/an/rOOUISti.htfll

kfter the public comment priod ends onOc day(s), the last date of publication being ober 17, 2011, DEC will eittfer adopt thesc.

n other Rrovsions.dealin9wth the same 23 of September, 2011. ;ubject, without further notice, or decide to

ake no action on them, The language of thc.inal regulations may be different from that 0

he proposed regulations. YOU SHOULD

DOMMENT DURING THE TIME ALLOWED

‘F YOUR INTERESTS COULD BE AF ECTED wen comments received

a Subscribed and sworn to before me this

ublic records and are subject to public in

pection. 2K day of April 2012.

tatutory Authority: AS 46.03.710,

A

16.14.010, AS 46.14.020, AS 46.14.030

Statutes Being lmp1eniented, Interpreted, o (:t;L1 \S 46.14.030, AS 46.14.120, AS 46.14.140 . . . Aade Specific: AS 46.14.010, AS 46.14.020,

Fiscal Information: The proposed regulation Nota 1bI(g in and’tor the State of Alaska.

,hanges are not expected to require an in

ry

. QT - ,reased appropriation.

Is’ 

Dated: September 20, 2011Larry Hartig, Commissioner I STATE OF ALASKA

G. George

Juneau, Alaska oFFICIAL SEAL

NOTARY PUBLIC

My Commission Expires 1110312015
g

g

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 testimonyin 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 correct crossreferences, 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,a 1/1 pv.. s;A%...

Not. Tubli’in and for

State Alaska

My commission expires:
 

(This page left blank intentionally) 
40 C.F.R. Part 51 Appendix V 2.1. (h)

Compilation of Public Comments and the State Response to them:

Affidavit of Agency Record of Public Comment signed by Rebecca 

Tyson Smith dated May 17, 2012.

Response to Comments titled Alaska Department of Environmental 

Conservation, Adoption Updates Package, May 22, 2012
 

(This page left blank intentionally) 
I, Rebecca Tyson Smith, Environmental Program Specialist, of the Department of Environmental

Conservation, being duly sworn, state the following:

In compliance with AS 44.62.2 15, the Department of Environmental Conservation has kept arecord of its use or rejection of factual or other substantive information that was submitted inwriting as public comment and that was relevant to the accuracy, coverage, or other aspect of theDepartment of Environmental Conservation regulations Air Quality Control, pertaining toupdating adoption by reference dates of federal rules; adopting a federal rule part and newsubparts; repealing or deleting obsolete language; adding language to adopt and require Title Vstandard application forms; clarifying modeling requirements; clarifying requirements for owner

requested limits; and adopting clarifications to existing regulations to correct wording, to correctcross-references, and resolve internal regulation conflicts.

Date: / F747 1

Juneau, AIska

SUBSCRIBED AND SWORN TO before me this

[NOTARY SEAL]

STATE OF ALASKA

OFFICIAL SEAL

Cassidy Y. Kearney

NOTARY PUBLIC

My Commission Expires With Office.

Re ecca

2

Tyson Smith,

Environmental Program Specialist

.77%-

day of

£aaI... 1.1<’

Notary Pu Iic i and for the

State of Alaska

My commission expires:cnt?e&
 

(This page left blank intentionally) 
Alaska Department of Environmental Conservation 

Title V Permit Application Forms Package

Response to Comments 

Alaska Department of Environmental Conservation

Adoption Updates Package

Response to 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.

 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 50.215.

 Clarify requirements for owner requested limits in 18 AAC 50.225.

 Adopt clarifications to existing regulations to correct wording, to correct crossreferences, 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, after the regulation package went out for public comment, the Department became 

aware of several issues needing correction:

Additional 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 definition 

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 exclusion 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 preliminary 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 on 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. Final 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 comments and are referenced by abbreviation in the comments below:

 SLR – SLR Consulting
Alaska 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 provided 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 should 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 applications can easily be updated and 

submitted 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 the 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 

preparation 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 certification 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 the 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 crossreferencing between forms where the necessary detail is included in the referenced 

location.

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 that 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 single 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 format 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 makes 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, differences 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 applicants 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 the 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 scenarios, 

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 requests 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 permit. 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 ability 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 element 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 information 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 or 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 applicant’s responsibility to provide the information needed when applying for a 

permit. 

The Department 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 spreadsheets. 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 Comments

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 volume 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 

they'd have to do a PDF fill-in -- on that which is extremely time consuming. And I don't think it's 

really 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 each 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, we requested ADEC -- instead of having 

all the TANKS output data be included as inputs into the form, that ADEC just put a list of 

everything 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 spreadsheet 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 how the calculations were done and still have 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 believe 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 appropriate 
Alaska Department of Environmental Conservation Page 10 of 78

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ID Comment ADEC Response

determine that an application is incomplete based upon someone, a permittee, not submitting 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 B2 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 emissions 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 rate 
Alaska Department of Environmental Conservation Page 11 of 78

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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 every 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

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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, every 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 put 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 getting 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 one 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 completeness 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 to 
Alaska Department of Environmental Conservation Page 13 of 78

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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 rating 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 programs 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 than .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

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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. 

Action: 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 

questions 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 application. 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 if 
Alaska Department of Environmental Conservation Page 15 of 78

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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 

comment 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 

give 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

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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 support 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 application no later than January 

2, 2012, creating an impossible situation where they wouldn'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 beyond 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 

specific information 

be included for an 

application to be 

deemed complete 

stems from §71.5. 

While the items in 
Alaska Department of Environmental Conservation Page 17 of 78

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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 develop 

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 minor 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 ADEC would deem an application incomplete if such unnecessary 

Action: no action

See response to 

comment G5 and 

APA-1a.
Alaska Department of Environmental Conservation Page 18 of 78

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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 

property 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 issuance. 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 preapproved 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. 
Alaska Department of Environmental Conservation Page 19 of 78

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ID Comment ADEC Response

APA-1d Proposed Forms A3 and A4 both require an operating 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 year, 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 reported 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 specific 
Alaska Department of Environmental Conservation Page 20 of 78

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ID Comment ADEC Response

operating schedule 

is used 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.

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 for 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 should not be included in the Title V permit 

application forms.

Action: forms 

modified to suggest 

this information as 

part of the 

stationary source 
Alaska Department of Environmental Conservation Page 21 of 78

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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 been 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 emission 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 re-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 

requesting 
Alaska Department of Environmental Conservation Page 22 of 78

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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 include 

property area or 

map, number of 

employees, 

maximum capacity, 

and other primary 

emission-generating 

activities co-located 

or on adjacent 

properties.”

See response to 
Alaska Department of Environmental Conservation Page 23 of 78

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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 sources 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 JJJJJJ, 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 applicant 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 

identical, 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 data 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). Being 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 

identical 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 entry 

should be provided.
Alaska Department of Environmental Conservation Page 24 of 78

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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 forms 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 federal 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 been 

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).

All applications 

containing 

insignificant 
Alaska Department of Environmental Conservation Page 25 of 78

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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 categorization 

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 the 
Alaska Department of Environmental Conservation Page 26 of 78

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ID Comment ADEC Response

permittee 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 

instructions 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 calculations. 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 maximum hourly firing rate, but again this information would be included in 

Action: modified 

instructions to allow 

cross-referencing 

between forms for 

identical 

information. 
Alaska Department of Environmental Conservation Page 27 of 78

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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 also 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 certification 

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 proposed 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

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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 included 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 application. 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 supporting 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 should 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, or 
Alaska Department of Environmental Conservation Page 29 of 78

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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 previous 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 

reflect 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 application 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 to 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.
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forms' instructions. Requiring a redundant transcription of information into separate forms is an 

inefficient use of time, and potential source of transcription 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 sixmonth delay from the new rule's effective date is a common practice by EPA when it implements 

new regulatory requirements. Understanding 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 timely 

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 

change 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 regulations 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.
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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 their 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 regulations 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 elements 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 standard 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 provides 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 items 
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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 40 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 for 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 use 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 to 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 three 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 common 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 compliance.

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.
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forms are adopted into regulation on February 28, 2012 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 deadline). 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 continue 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 Title 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, during 

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 the 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 forms 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 Application 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

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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 

application 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. 
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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., emissions 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 example, 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 inconsistent 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.
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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 

evaluating 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 staff 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 indicate 

“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 to 
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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 previously, 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 Title 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 had 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 the longterm from having 

the application 

materials in a 

standard form. 

See also the 

responses to 
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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 

instructions 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.
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AOGA-10 On the first page of the instructions titled “Submitting the Alaska Title V Operating Permit 

Application 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 request 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 

Emission 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 number 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 acceptable 
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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 information 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 

applications). 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 submit 

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 certain forms and 

Action: instructions 

modified to clarify 
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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 standalone 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 initial 

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 all 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 codes 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.
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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 

elevations 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 50.326(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 and 

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 area, 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 the 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 

be 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 standard 
Alaska Department of Environmental Conservation Page 43 of 78

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ID Comment ADEC Response

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.

In addition, AS 

46.14.150(a) states 

that the applicant 

“shall submit the 

required application 

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. 
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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 information 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 AOGA16 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. Providing 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 application 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 

applicable 
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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 preplanned, 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 indicate 

“not applicable” 

may be appropriate 

for some 

applications. 

Sources operating 

under multiple 

operating schedules 

must provide 
Alaska Department of Environmental Conservation Page 46 of 78

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ID Comment ADEC Response

operating schedule 

information for the 

Department to 

determine or 

regulate emissions. 

If no specific 

operating schedule 

is used 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, item 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. Requiring this information in Form 

Action: Form A2 

has been modified 

to suggest this 
Alaska Department of Environmental Conservation Page 47 of 78

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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 change 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 there 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 changes 
Alaska Department of Environmental Conservation Page 48 of 78

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ID Comment ADEC Response

to this information 

since the previous 

permit (item 3 of 

Form A4). 

See response 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 include 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.

Action: 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 general 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

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ID Comment ADEC Response

AOGA-24 

b

b. The second bullet at the top of page 8 says to gather “a compliance certification 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 

submit 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 permit application under Form A1. 

Action: instructions 

modified as 

suggested.
Alaska Department of Environmental Conservation Page 50 of 78

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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, unless 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 the 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 individual 
Alaska Department of Environmental Conservation Page 51 of 78

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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 new 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 eliminate 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

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ID Comment ADEC Response

to...” indicating that all “must be identified”. (emphasis 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. The 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 nonapplicable 

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

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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 emission 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 incorporated 

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 

would 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 forms 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 each 
Alaska Department of Environmental Conservation Page 54 of 78

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ID Comment ADEC Response

rule. This 

complexity would 

make a rule-base 

approach 

impractical. Our 

chosen 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 

applicability 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 the 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-todate database of the 

actual emission 
Alaska Department of Environmental Conservation Page 55 of 78

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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 certain 

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 be 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. Assessable 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 fees 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 not 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 supports 

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: modified 
Alaska Department of Environmental Conservation Page 56 of 78

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ID Comment ADEC Response

sources have multiple emission units (e.g., heaters) with the same make, model, and emission 

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 separate 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 number, 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 completeness 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 exact 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

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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 rate. 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 

comment 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 certain 

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 more 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: instructions 
Alaska Department of Environmental Conservation Page 58 of 78

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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 entirety, 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 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 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 Items 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 

modified to indicate 

“not applicable” 

may be appropriate 

for some 
Alaska Department of Environmental Conservation Page 59 of 78

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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 applies 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 instructions 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. 

Due to the volume 

of edits provided, 

we are not able to 

address individual 

redline comments 
Alaska Department of Environmental Conservation Page 60 of 78

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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 

comment 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 comments 
Alaska Department of Environmental Conservation Page 61 of 78

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ID Comment ADEC Response

here. Refer to final 

forms for 

modifications 

incorporated.

AOGA-51 The instructions for 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 in 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

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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 assessable potential to emit for fees.

Action: instruction 

clarified. 

All emissions from 

the stationary source 

must be quantified 

before exclusions 

are made in the 

application.

AOGA53aPlease revise Form D1 by making it a list of the documentation ADEC wants 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.

AOGA53bIn conjunction with the changes to Form D1, and if ADEC still believes that it is necessary to 

document individual emission unit emissions 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 

bottom for total stationary source emissions.

Action: no action.

See response to 

comment AOGA53a.

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 document 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

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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 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 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 fee 
Alaska Department of Environmental Conservation Page 64 of 78

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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 federally 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 

emissions 
Alaska Department of Environmental Conservation Page 65 of 78

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ID Comment ADEC Response

Since any limit other than that of a control device affects the “potential 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 determine 

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 PTE 
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ID Comment ADEC Response

based on 

enforceable 

controls or limits 

AOGA-56 As stated in our previous comment, we believe the only purpose for requesting information on precontrol 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 pre-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 AOGA55.

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 that 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.
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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 renewal 

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 a 
Alaska Department of Environmental Conservation Page 68 of 78

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ID Comment ADEC Response

complete submittal 

and include all 

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 previous 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, recordkeeping, 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.
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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 result 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 Series 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 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 
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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 

application 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 

address individual 

redline comments 

here. Refer to final 

forms for 

modifications 

incorporated.

AOGA68aADEC 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. 
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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.

AOGA68bb. The fifth bullet identified under §71.5(c)(3) – Emissions-Related Information pertains to 

identification of air pollution control equipment. This is done in Form Series C, not Form Series 

B;

AOGA68cc. 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;

AOGA68dd. 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;

AOGA68ee. 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.

AOGA68ff. 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 scenarios under §71.6(a)(9);

AOGA68gg. 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 compliance 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 be 
Alaska Department of Environmental Conservation Page 72 of 78

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ID Comment ADEC Response

made for requirements for which the source is in compliance and for requirements that will 

become 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;

AOGA68hh. 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;

AOGA68ii. 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;

AOGA68jj. 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;

AOGA68kk. The “Fees” section of the checklist should be supplemented to include instructions on where 

to find in the regulations 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 other 
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ID Comment ADEC Response

types of Title V permit applications, so the checklist as currently written is misleading;

AOGA68ll. 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;

AOGA68mm. 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, might 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 typographical 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 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-70 ADEC has indicated in the instructions pertaining to current compliance status responses to enter Action: modified 
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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 accordingly. 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 might 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.

ENTRIX1Title V Application Checklist: Below are suggested revisions:

a. Change the subheading “Form Series D” in the 2nd Section (for 71.5(c)(3) EmissionsRelated 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 

modifications 
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ID Comment ADEC Response

incorporated.

ENTRIX2Title 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.

ENTRIX3Form A1-R: ENTRIX suggests adding a section for “Brief Description of Supplemental 

Information or Application Revision” in the 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.

ENTRIX4Permit 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 emission 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 minimum, 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 minor 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 in 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.
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ID Comment ADEC Response

Therefore, ENTRIX suggests 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 at 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.

ENTRIX 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 description 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 the stationary source. 

ENTRIX5Form B. In the first page for “New, Modified, Previously Unpermitted, Replaced, Deleted”, add an 

additional column in the form 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 

insignificant 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.

ENTRIX6Form 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 many pages. 

Action: instructions 

modified to indicate 

“not applicable” 
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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 insignificant 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 require 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 deemed 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 some 

applications. 

See response to 

comment G3. 

ENTRIX7Form 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 

information in so many pages. Also add estimated amounts of GHG CO2e 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 methodology, emission 

factors, and all assumptions should be sufficient.

Action: modified 

forms to include 

GHG emissions.

See response to 

comment G4. 

ENTRIX8Form 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.

ENTRIX9Form D Instructions. If the Department agrees with suggestions in items 7 and 8 above, modify the 

Form D Instructions accordingly. 

Action: made 

suggested change.

ENTRIX10Effective Date. ENTRIX suggests delaying the effective date for the implementation of the 

proposed Title V application forms 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 mandatory 
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ID Comment ADEC Response

documents in a timely manner following the new Title V application forms, as well as, to avoid 

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, 2011
 

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18 AAC 50 2011 Adoption Updates

Explanation of Changes

Proposed Changes for Adoption Updates Regulations Rulemaking 2011

Formatting: 

Who proposed changes

Affected section of regulations

Proposed regulation language change

Reason for change

Proposed Changes 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 AERSCREEN 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 incorporate 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 definitions 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 change—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 models referenced under section (b)(1).
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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 wording 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 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 additional owner requested limits when one 

already exists for a facility.

Public comment during 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 50.326(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 Forms.
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Public comment during previous regulation revision.

18 AAC 50.326(i)

Proposed regulation language change—see attached 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 

document

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 regulation language change— see attached 18 AAC 50 Adoption Updates Regs 

document

Revision of 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 50.040(h) and 18 AAC 50.040(i)

Repeal of a definition. Deletion of Editor’s Note due to definition repeal.