DEPT. OF ENVIRONMENTAL CONSERVATION 

OFFICE OF THE COMMISSIONER 

October 4, 2010 

Mr. Dennis McLerran 

U.S. EPA, Region 10 

Regional Administrator's Office, RA-140 

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101 

Dear Mr. McLerran: 

EPA's recent “Action To Ensure Authority To Issue Permits Under the Prevention of 

Significant Deterioration (PSD) Program to Sources of Greenhouse Gas Emissions: 

Finding of Substantial Inadequacy and SIP Call” (Federal Register/Vol. 75, No. 

170/Thursday, September 2, 2010) includes Alaska on the list of states whose State 

Implementation Plans (SIPs) are substantially inadequate to meet Clean Air Act 

(CAA) requirements related to PSD requirements for GHG-emitting sources. EPA 

has requested that states submit information by October 4, 2010 on their plans for 

implementing the rule. The State of Alaska, Department of Environmental 

Conservation (ADEC) through this letter fulfills this request and provides the 

following information regarding the Division of Air Quality's plan for implementation 

of the GHG Tailoring Rule by January 2, 2011. 

At the present time, ADEC’s regulations revision which includes the adoption by 

reference of the GHG Tailoring Rule have been adopted and are undergoing review 

by the Alaska Department of Law. Upon completion of the Department of Law 

review, the regulations will be filed by the Lieutenant Governor and will take effect 

30 days later. The applicable subsection of Title 18 Chapter 50 of the Alaska 

Administrative Code being revised is 18 AAC 50.040(h), wherein 40 C.F.R. 51.166 

and 40 C.F.R. 52.21 - 40 C.F.R. 52.22 as revised through the federal register notice 

of June 3, 2010, are being adopted by reference. This incorporation will allow the 

state to comply with the federal rules regarding the permitting of greenhouse gas 

emissions. 

At this time, ADEC anticipates that the state regulations will be in effect by January 

2, 2011, which will allow ADEC to implement the federal rule. Given the short 

timeframes, ADEC is formally requesting that EPA initiate the process to approve 

Alaska’s SIP revisions based on the state regulations now undergoing legal review. 

Our hope is that the EPA approval process can proceed in parallel with the final 

steps of the state rulemaking process. We will provide the state regulations as soon 

as possible. We anticipate being able to submit our final SIP revisions to EPA 

SEAN PARNELL, GOVERNOR 

410 Willoughby Avenue, Suite 303 

Post Office Box 111800 

Juneau, Alaska 99811-1800 

Phone: 907-465-5066 

Fax: 907-465-5070 

www.dec.state.ak.us 
Dennis McLerran 2 October 4, 2010

 

G:\COMM\WP\2010\10.217 CO to EPA re GHG SIP 100410.docx 

Region 10 before December 22, 2010. Upon submittal, ADEC asks that Alaska be 

dropped from the SIP call list. 

ADEC requests that EPA Region 10 keep us informed of its progress in taking action 

on Alaska’s SIP revision. If it appears that timing will not allow for full EPA approval 

of Alaska’s revised program prior to the January 2, 2011 deadline, we ask that you 

notify us so we can collectively determine what alternatives are available to avoid 

any restrictions to issuing approvable permits to Alaskan facilities. 

Your staff may contact Alice Edwards at (907) 465-5109 or John Kuterbach at (907) 

465-5103 for additional information, if necessary. As always, I would be pleased to 

discuss any of this with you. 

Sincerely, 

Larry Hartig 

Commissioner 

cc: EPA Docket ID No. EPA-HQ-OAR-2010-0107 

Rick Albright, Director, Office of Air Waste and Toxics, EPA 

Dave Bray, EPA Region 10 

Alice Edwards, Acting Director, Division of Air Quality, DEC 

John Kuterbach, Air Permits Program Manager, Division of Air Quality, DEC