Department of Environmental 

Conservation 

OFFICE OF THE COMMISSIONER 

Post Office Box 111800 

410 Willoughby Avenue, Suite 303 

Juneau, Alaska 99811-1800 

Main: 907.465.5066 

Fax: 907.465.5070 

October 21, 2014 

Dennis McLerran 

Regional Administrator 

U.S. EPA Region 10 

1200 Sixth Avenue 

Seattle WA 98101 

Subject: SIP Submittal of Definition of Regulated NSR Pollutant and Technical Corrections in 

18 AAC 50 and Withdrawal of June 24, 2014, request for SIP Approval of 40 C.F.R. 

52.21(b)(49)(v) in 18 AAC 50.040(h)(4) 

Dear Mr. McLerran: 

This letter withdraws and replaces the parallel processing submission letter dated September 19, 

2014. Review by the Department of Law revealed that revisions were required to the previously 

submitted regulations. Therefore, The Alaska Department of Environmental Conservation (ADEC) 

hereby submits the enclosed revisions to our State Implementation Plan (SIP) and requests EPA 

approval of the submission in accordance with 40 C.F.R. 51, Appendix V. The revision to 18 AAC 

50 have an effective date of November 9, 2014, and include the following changes: 

 update the adoption by reference date of 40 C.F.R. 51 in 18 AAC 50.040(i); 

 adopt revised language to 18 AAC 50.040(i) to adopt the definition of “regulated NSR 

pollutant” found in 40 C.F.R. 51.165(a)(1)(xxxvii); 

 adopt technical corrections in 18 AAC 50.040(i) relating to the major NSR program; 

 adopt new language in 18 AAC 50.502(h) to define “regulated NSR pollutant” for the 

purposes of that section; and 

 repeal the definition of “regulated NSR pollutant” in 18 AAC 50.990(92). 

The revision of 18 AAC 50.040(i)(1)(B), wherein the definition of “regulated NSR pollutant” is 

adopted, will allow the state to comply with federal rules regarding precursor emissions in 

nonattainment areas. 

We are enclosing one paper copy and one electronic version of the following documents: 

SIP Revision: 

 Signed and Certified Adoption Order and Filing Certificate for Permanent Regulations, filed 

October 10, 2014, with an effective date of November 9, 2014; Adoption Order of 

Commissioner Larry Hartig signed by Commissioner Larry Hartig on October 9, 2014, with 

Filing Certification of Lt. Governor Mead Treadwell signed by Barbara Propes on October 
Dennis McLerran 2 October 21, 2014 

U.S. EPA Region 10 

10, 2014; with Delegation of Lieutenant Governor’s Authority certificate dated July 2, 2014; 

adoption draft of Alaska Administrative Code, Title 18, Chapter 50 Air Quality Control with 

an effective date of November 9, 2014, to be published in Register 212, January 2015. 

Supporting Documentation includes: 

 Notice of Public Comment Period, signed March 17, 2014; Public Notice Cancelling the 

Public Hearing, published on-line starting April 16, 2014; 

 Affidavit of Publication from the Public Notice, published in the Anchorage Daily News on 

March 19-20, 2014, signed March 20, 2014; 

 Affidavit of Agency Record of Public Comment, signed 

 Affidavit of Cancellation of Oral Hearing, signed May 5, 2014; 

 Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional 

Information, signed September 26, 2014; 

 Public Review Draft of proposed changes to 18 AAC 50 showing changes with new 

language indicated by bold lettering and old language shown in all capitals and brackets, 

dated March 17, 2014; and 

 Alaska Air Quality Control Regulations 18 AAC 50, Effective November 10 2014 (electronic 

copy of CD only). 

Additionally, in light of the June 23, 2014, United States Supreme Court decision addressing the 

application of stationary source permitting requirements to greenhouse gases (GHG) (Utility Air 

Regulatory Group (UARG) v. Environmental Protection Agency (EPA) (No. 12-1146)), ADEC hereby 

withdraws the GHG Tailoring Rule Step 2 provisions found in 40 C.F.R. 52.21(b)(49)(v), as adopted 

by reference in 18 AAC 50.040(h)(4), effective October 6, 2013, from our June 24, 2014, request to 

Region 10 for approval of the SIP submittal. 

Please have your staff contact Ms. Rebecca Smith if they have any questions or need additional 

assistance with this submittal. She can be reached at (907) 465-5121 or by e-mail at 

rebecca.smith@alaska.gov. Thank you for your consideration of our SIP revision submittal, and we 

look forward to your approval of the package. 

Sincerely, 

Larry Hartig 

Commissioner 

Enclosures 

 

cc: Kate Kelly, Director, Office of Air Waste and Toxics, EPA, Region 10 (via e-mail) 

Debra Suzuki, Manager, Air Planning Unit, EPA, Region 10 (via e-mail) 

Donna Deneen, EPA Region 10 (via e-mail) 

Kristin Hall, EPA Region 10 (via e-mail) 

David Bray, EPA Region 10 (via e-mail 

Alice Edwards, Director, Division of Air Quality, DEC (via e-mail) 

John Kuterbach, Air Permits Program Manager, Division of Air Quality, DEC (via e-mail) 
40 C.F.R. Part 51 Appendix V 2.1. (b) 

Evidence State Has Formally Adopted Plan or Revision:

Document including:

o Permanent Filing of Regulation Memo of Lt. Governor Mead 

Treadwell, signed by Scott Meriweather, dated October 16, 2014.

o Adoption Order of Commissioner Larry Hartig signed by Larry 

Hartig, Commissioner on October 9, 2014 with Filing 

Certification of Lt. Governor Mead Treadwell signed by Barbara 

Propes on October 10, 2014, with Delegation of Lieutenant 

Governor’s Authority certificate dated July 2, 2014.

o Adoption draft of 18 AAC 50 Air Quality Control Regulations, As 

amended through November 9, 2014 (with Register 212, January 

2015, hand written in header and hand written notes from the 

Department of Law).

Public Notice Draft of proposed of changes to 18 AAC 50 Air Quality 

Control Regulations with changes indicated by bold, underlined text, 

dated March 17, 2014.

Adoption draft of 18 AAC 50 Air Quality Control Regulations, as 

adopted on October 9, 2014.
Mead Treadwell

Lieutenant Governor

State Capitol

Juneau. Alaska 99811

907.465.3520 465.5400 Fax

WWW.LTGOV.ALASKA.GOV

OFFICE OF THE LIEUTENANT GOVERNOR

ALASKA

MEMORANDUM

TO: Gary Mcndivil, AAC Contact

Department of Environmental Conservation

FROM: Scott Meriwether

Special Assistant

907.465.3509

DATE: October 16,2014

RE: Filed Permanent Regulations: Department of Environmental Conservation

Regulations re: air quality and regulated "new source review" (NSR) pollutants: 18 AAC

50.040(i); 18 AAC 50.502(h)(5); 18 AAC 50.990(92)

Attorney General File:

Regulation Filed:

Effective Date:

Print:

JU2013200372 (Part 1)

10/10/2014

11/9/2014

212, January 2015

530 West 7,h Ave, Suite 1700

Anchorage, Alaska 99501

907.269.7460 269.0263

LT.GOVERNOR@ALASKA.GOV

cc with enclosures: Linda Miller, Department of Law

Dean Williams,Administrative Regulation Review Committee

Judy Herndon, LexisNexis
 

(This page left blank intentionally) 
JU2013200372

ORDER ADOPTING CHANGES TO

REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The attached four pages of regulations, dealing with regulated New Source Review (NSR)

pollutants are hereby adopted and certified to be a correct copy ofthe 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.

Although no public comments were received, 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 governoras provided in AS 44.62.180.

DATE: October 9, 2014

Anchorage, Alaska

Larry Hartrg, Commissioner

Department of Environmental Conservation

FILING CERTIFICATION

I/Mead Treadwell, Lieutenant Governor for the State ofAlaska, certify that on

/J&Lvbcj- (Q ,2014, at VV/7/?m., Ifiled the attached regulations according to the provisions

of AS 44.62.040 - 44.62.120.

s£^4^-

/ Mead Treadwell, Lieutenant Governor

Effective: /\jn(/f 1/1/iLr \ . PjOlf.

Register: 2 12 Tc\\[\ucw^ %Q\5
 

(This page left blank intentionally) 
FOR DELEGATION OF THE LIEUTENANT GOVERNOR'S AUTHORITY

I, MEAD TREADWELL, LIEUTENANT GOVERNOR OF THE STATEOF ALASKA,

designate the following state employee to perform theAdministrative Procedures Act filing

functions of the Office of the Lieutenant Governor:

Barbara Propes, CHIEF OF STAFF

IN TESTIMONY WHEREOF, I have

signed and affixed the Seal of the State of

Alaska, in Anchorage, on July

2014.

t^Q^MJ

MEAD TREADWELL

LIEUTENANT GOVERNOR
 

(This page left blank intentionally) 
Register M, J^auok. 2015 ENVIRONMENTAL CONSERVATION

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, 2013 [JULY 1, 2012], 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)(H) ("building, structure, facility, or

installation");

(iii) 40 C.F.R. 51.165(a)(l)(iii) ("potential to emit");

(iv) 40 C.F.R. 51.165(a)(l)(vii) ("emissions unit");

(v) 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)(l)(xxxvii) ("REGULATED NSR

POLLUTANT");

(ii)] 40 C.F.R. 51.165(a)(l)(xxxviii) ("reviewing authority");

(ii) [(iii)] 40 C.F.R. 51.165(a)(l )(ix) ("fugitive emissions");

(2) 40 C.F.R. 51.165(a)(2)(ii) [40 C.F.R. 51.165(a)( 1)(v) (MAJOR

MODIFICATION)];

(3) 40 C.F.R. 51.165(a)(3) [(OFFSET CREDITS)];

1
Register A2, JgOiafa 2015 ENVIRONMENTAL CONSERVATION

(4) 40 C.F.R. 51.165(a)(5) [40 C.F.R. 51.165(a)(l)(iv)(C)];

(5) 40 C.F.R. 51.165(a)(6) IREPEALED 10/6/2013];

(6) [40 C.F.R. 51.165(a)( 1)(xxviii) (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.

(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; am 1/4/2013, Register 205; am 10/6/2013, Register 208; am

// / 9 iZcif. Register _^}2=)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010
Register i^T<*nu«^j 2015 ENVIRONMENTAL CONSERVATION

18 AAC 50.502(h) is amended by adding a new paragraph to read:

(5) "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).

(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 1/4/2013, Register 205; am

1L/J / *>/£ Register 3'2)

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 \jj3 l2o'j*

(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; am 10/6/2013, Register 208; am [j /9 /2o/y.

Register 212.)

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
Register ^12, 3a*m*^ 2015 ENVIRONMENTAL CONSERVATION

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
ALASKA DEPARTMENT OF 

ENVIRONMENTAL CONSERVATION 

18 AAC 50 Air Quality Control

Public Comment Review Draft

March 17, 2014

Comment Period Ends

April 22, 2014, 5:00 p.m.

Sean Parnell

Governor 

Larry Hartig 

Commissioner
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50.010(1)(A) is amended to read:

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, as 

determined in accordance with 40 C.F.R. Part 50, Appendix K, adopted by 

reference in 18 AAC 50.035(b), is less than or equal to one [DAY];

(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; am 1/4/2013, Register 205; am __/__/____, Register 

___)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.010

18 AAC 50.015(b)(2)(A) is repealed: 

(A) repealed __/__/____. 

...

1
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50.015(e) is amended to read: 

(e) The following areas are [AREA IS] subject to maintenance plan requirements for 

PM-10, 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) Eagle River area of Anchorage; [.]

(2) Mendenhall Valley area of Juneau.

(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; am 10/6/2013, Register 208; am 

__/__/____, Register ___) 

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030 

18 AAC 50.020, Table 2 is amended to read:

Table 2. Baseline Areas and Dates

Baseline Area Air Pollutant Minor Source Baseline Date

Cook Inlet Intrastate Air

Quality Control Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide October 12, 1979

PM-10 March 20, 1982

PM-2.5 September 14, 2012

Nitrogen dioxide February 8, 1988

2
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

Northern Alaska Intrastate 

Air Quality Control 

Region

Sulfur dioxide June 1, 1979

PM-10 November 13, 1978

PM-2.5 November 2, 2012 [TO BE 

ESTABLISHED UNDER 40 C.F.R. 

52.21(b)(14)(ii), ADOPTED BY 

REFERENCE IN 18 AAC 50.040(h)]

South Central Alaska 

Intrastate Air Quality 

Control Region

Nitrogen dioxide February 8, 1988

Sulfur dioxide October 26, 1979

PM-10 October 26, 1979

PM-2.5 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h)

Nitrogen dioxide February 8, 1988

3
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

Southeast Alaska Intrastate Air Quality Control 

Region

Sulfur dioxide November 10, 1986

PM-10 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h)

PM-2.5 To be established under 40 C.F.R. 

52.21(b)(14)(ii), adopted by reference in 

18 AAC 50.040(h)

(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 1/4/2013, Register 205; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

The lead in language of 18 AAC 50.030 is amended to read:

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 {adoption date of regulation} [FEBRUARY 22, 2013], are adopted by

reference. The plan includes the following documents which are also adopted by reference:

(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

4
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

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; am 5/8/2013, Register 206; am __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140

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

(8) Quality Assurance Handbook for Air Pollutant Measurement Systems; Volume IV: 

Meteorological Measurements Version 2.0 (EPA-454/B-08-002).

...

The lead-in language to 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 July 1, 

2013 [JULY 1, 2011], are adopted by reference:

...

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

(1) 40 C.F.R. Part 50, Appendices A, C, D, F, G, J, K, L, N, P, Q, R, S, and T;

...

18 AAC 50.035(b)(3) is repealed:

(3) repealed __/__/____ [40 C.F.R. PART 58, APPENDIX B];

...

5
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50.035(b) is amended by adding new subsections to read:

(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; [.]

(5) 40 C.F.R. Part 60, Appendices A – F;

(6) 40 C.F.R. Part 63, Appendix A.

(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; am 1/4/2013, 

Register 205; 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 March 19, 2014 [APRIL 24, 2013], are adopted by 

reference as they apply to a Title V source:

...

6
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

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, 2013 [JULY 1, 2012], 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), as revised as of July 1, 2013 [APRIL 24, 2013], are adopted by 

reference as they apply to a Title V source:

...

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 July 22, 2013 [JULY 1, 2012],

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. 52.98, as revised as of October 8, 

2013 [MARCH 18, 2013], 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), 

as revised as of July 1, 2013 [JULY 1, 2012], are adopted by reference.

7
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

...

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 September 6, 2013 [JULY 1, 

2012], are adopted by reference as they apply to a Title V source:

...

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

(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 

Implementation Plans), as revised as of December 9, 2013 [APRIL 1, 2013], are adopted by 

reference:

...

18 AAC 50.040(h)(21) is repealed:

(21) repealed __/__/____ [40 C.F.R. 52.22 (ENFORCEABLE 

COMMITMENTS FOR FURTHER ACTIONS ADDRESSING THE POLLUTANT 

GREENHOUSE GASES (GHGS))].

...

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, 2013 [JULY 1, 2012], text setting out provisions that a state implementation plan 

shall or may contain is adopted by reference as follows:

...

8
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

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:

(i) [40 C.F.R. 51.165(a)(1)(xxxvii) (“REGULATED NSR 

POLLUTANT”);] 40 C.F.R. 51.165(a)(1)(xxxviii) (“reviewing authority”);

(ii) 40 C.F.R. 51.165(a)(1)(ix) (“fugitive emissions”);

...

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

(j) The following provisions of 40 C.F.R. Part 71 (Operating Permits), as revised as of 

July 1, 2013 [JULY 1, 2012], are adopted by reference as they apply to a Title V source, except 

as provided in 18 AAC 50.326:

...

18 AAC 50.040(j)(9) is repealed:

(9) repealed __/__/____ [40 C.F.R. 71.13 (ENFORCEABLE COMMITMENTS 

FOR FURTHER ACTIONS ADDRESSING GREENHOUSE GASES (GHGS))]. 

...

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

(k) The provisions of 40 C.F.R. Part 64, as revised as of July 1, 2013 [JULY 1, 2012],

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 

9
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

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; am 1/4/2013, Register 205; am 10/6/2013, Register 208; am 

__/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

The title of Article 2, Section 230 in the Article 2 Table of Contents is amended to read: 

230. Preapproved Emission Limits 

...

18 AAC 50.215(a)(3) is amended to read: 

(3) EPA’s Meteorological Monitoring Guidance for Regulatory Modeling 

Applications, adopted by reference in 18 AAC 50.035(a) and 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 meteorological data; or 

...

The lead-in language of 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] A stationary source or 

modification [ARE LESS THAN THE CONCENTRATIONS IN TABLE 5, THE EMISSIONS 

ARE NOT] will be considered to cause or contribute to a violation of an ambient air quality 

standard or maximum allowable increase for a Class II area when such source or modification 

would, at a minimum, exceed a significant impact level listed in Table 5 at any locality that 

10
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

does not or would not meet the applicable 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:

(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; am 1/4/2013, Register 205; 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)(1)(E) is amended to read:

(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 50.035(b)(5) [18 AAC 50.040]; and

...

18 AAC 50.220(c)(2) is amended to read:

(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 50.035(b)(6) [18 AAC 50.040(c)]; and

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

9/14/2012, Register 203; am __/__/____, Register ___)

11
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

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

Article 5, Table of Contents is amended to read:

510. Minor permit – Title V permit interface 

The lead-in language of 18 AAC 50 Article 7 is amended to read:

Article 7. Transportation Conformity

18 AAC 50.700 is repealed and readopted to read:

18 AAC 50.700. Purpose. (a) The purpose of 18 AAC 50.700 - 18 AAC 50.755 is to 

implement section 176(c) of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), and the 

related requirements of 23 U.S.C. §109(j), to ensure that a transportation plan, transportation 

improvement program or revisions to Alaska’s State Air Quality Control Plan, including those 

portions in it which are federally approved and recognized as Alaska’s state implementation 

plan, or other federal action that affects transportation within a carbon monoxide, nitrogen

dioxide, ozone, PM-2.5 or PM-10 nonattainment or maintenance area located in Alaska will not 

hinder the attainment or maintenance of the national ambient air quality standards in that area if:

(1) the plan, program, project or action is federally-funded or federally-approved; 

or 

(2) the plan, program, project or action is non-federally 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. (Highways) or 49 U.S.C. 53 (Federal Transit Act). 

12
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

(b) 18 AAC 50.700 - 18 AAC 50.755 sets forth the policy, criteria and consultation 

procedures for demonstrating and assuring conformity of transportation activities described 

under 18 AAC 50.700(a), for inclusion in Alaska’s State Air Quality Control Plan adopted by 

reference in 18 AAC 50.030; developed pursuant to section 110 and part D of the Clean Air Act

and 40 C.F.R. Part 51.390(b), revised as of January 24, 2008 and adopted by reference. (Eff. 

1/4/95, Register 133; am 9/4/98, Register 147; am__/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.705 is repealed and readopted to read:

18 AAC 50.705. Applicability. (a) The provisions of 18 AAC 50.700 - 18 AAC 50.755

apply to:

(1) a transportation plan, transportation improvement program or other federal 

transportation project located within a carbon monoxide, nitrogen dioxide, ozone, PM-2.5 or 

PM-10 nonattainment or maintenance area in Alaska that is funded by or requires approval under 

23 U.S.C. or 49 U.S.C. 53; 

(2) a transportation plan, transportation improvement program or other federal

transportation project that is non-federally 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; or

(3) revisions to Alaska’s State Air Quality Control Plan, including the state 

implementation plan, that affect transportation.

(b) It is the obligation of the sponsoring agency to meet the applicable requirements of 

18 AAC 50.700 - 18 AAC 50.755. For purposes of 18 AAC 50.700 - 18 AAC 50.755,

13
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

“sponsoring agency” means the agency that:

(1) receives or manages federal money for the transportation plan, transportation 

improvement program or other federal transportation project as described in (a) of this section; 

(2) develops the transportation plan, transportation improvement program or 

other federal transportation project as described in (a) of this section; or

(3) 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.

(Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am__/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.710 is repealed and readopted to read:

18 AAC 50.710. Agency responsibilities. Representatives of the department, the 

Alaska Department of Transportation & Public Facilities, metropolitan planning organizations, 

local and regional air quality and transportation agencies recognized by the State of Alaska shall 

undertake an interagency consultation process with each other and with the local or regional offices 

of the U.S. Environmental Protection Agency, the U.S. Department of Transportation’s Federal 

Highway Administration and Federal Transit Administration on the development of Alaska’s state 

implementation plan, transportation plans, transportation improvement programs and associated 

conformity determinations in accordance with the responsibilities and procedures of this article

and Alaska’s State Air Quality Control Plan, Volume II, Section III.I.3.

(Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am__/__/____, 

Register ___)

Authority: AS 46.03.020 AS 46.14.030

14
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

The lead-in language of 18 AAC 50.715 is amended to read: 

18 AAC 50.715. Interagency consultation procedures [TRANSPORTATION 

CONFORMITY:INTERAGENCY CONSULTATION PROCEDURES]. 

...

The lead-in language of 18 AAC 50.715(a) is amended to read: 

(a) Before issuing a final transportation conformity determination or transportation 

related state implementation plan revision under 18 AAC 50.700 - 18 AAC 50.755 [18 AAC 

50.720], the sponsoring [RESPONSIBLE] agency described in 18 AAC 50.705(b) [18 AAC 

50.705(c) (1)], shall:

...

18 AAC 50.715(a)(2) is amended to read:

(2) prepare a preliminary interagency discussion draft, a public review draft, and 

a final draft of the conformity determination or transportation related state implementation 

plan revision through the interagency consultation process described in (b) - (g) of this section 

with staff of the following entities:

(A) the department;

(B) the local air quality planning agency or government;

(C) the Alaska Department of Transportation and Public Facilities;

(D) the local transportation agency or government;

(E) any agency created under state law that sponsors or approves 

transportation projects;

(F) the United States Environmental Protection Agency;

15
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

(G) the Federal Highway Administration; 

(H) the Federal Transit Administration; [AND]

(I) the metropolitan planning organization and any other regional 

transportation planning organization; and

(J) any participant listed in Alaska’s State Air Quality Control Plan, 

Volume II, Section III.I.3.

...

18 AAC 50.715(a)(3) is amended to read:

(3) make the public review draft of the conformity determination or 

transportation related state implementation plan revision available for public review and 

comment as required in 18 AAC 50.720.

...

18 AAC 50.715(b) is amended to read: 

(b) A staff member of the sponsoring [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 or transportation 

related state implementation plan revision, including necessary supporting information;

(2) ensure that all documents, including transportation related state 

implementation plan revisions, 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 

16
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

be included in the record of any conformity decision, transportation related state 

implementation plan revision or action.

...

The lead-in language of 18 AAC 50.715(c) is amended to read:

(c) In preparing the preliminary interagency discussion draft, a staff member of the 

sponsoring [RESPONSIBLE] agency shall consult with the staff of the agencies listed in (a)(2) 

of this section to

...

18 AAC 50.715(c)(1) is amended to read:

(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;

...

18 AAC 50.715(c)(2) is amended to read:

(2) determine which minor arterials and other projects should be considered 

regionally significant for purposes of a regional emissions analysis, in addition to those 

functionally classified as principal arterial or higher or fixed guide-way systems or 

extensions that offer an alternative to regional highway travel; and which projects should 

be considered to have a significant change in design concept and scope from the 

transportation plan or transportation improvement program [REGIONALLY 

SIGNIFICANT PROJECTS AS DEFINED IN 40 CFR 93.101, ADOPTED BY REFERENCE 

IN 18 AAC 50.710]; 

17
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

...

18 AAC 50.715(c)(3) is amended to read:

(3) discuss whether a project that is otherwise exempt from the requirements of 

18 AAC 50.700 – 18 AAC 50.755 [18 AAC 50.720] under 40 C.F.R. 93.126, revised as of 

January 24, 2008 and adopted by reference, and 40 C.F.R. 93.127, revised as of March 10, 

2006 and 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; 

...

18 AAC 50.715(c)(4) is amended to read:

(4) determine, as required by 40 C.F.R. 93.113(c)(1), revised as of August 15 

1997 and 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 transportation control measures [TCMs]

are giving maximum priority to approval or funding for transportation control measures

[TCMs] to be initiated by the sponsoring agency in accordance with 18 AAC 50.700 - 

18 AAC 50.755 and Alaska’s State Air Quality Control Plan, Volume II, Section III.I.3; the 

interagency consultation process must also consider whether delays in transportation control 

measure [TCM] implementation necessitate a revision to the state implementation plan to 

remove or to substitute a transportation control measure [TCM] or other emission reduction 

measures;

...

18
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50.715(c)(5) is amended to read:

(5) determine, as required by 40 C.F.R. 93.121, revised as of March 14, 2012

and adopted by reference [IN 18 AAC 50.710], 

...

18 AAC 50.715(c)(5)(B) is amended to read:

(B) that, based on the requirements for a project that is not from a 

conforming transportation plan and transportation improvement program [TIP], as 

specified in 40 C.F.R. 93.118 and 40 C.F.R. 93.119, both revised as of March 14, 2012

and adopted by reference [IN 18 AAC 50.710], 

...

18 AAC 50.715(c)(6) is amended to read:

(6) identify, as required by 40 C.F.R. 93.123(b), revised as of January 24, 2008

and adopted by reference [IN 18 AAC 50.710], projects located at sites

...

18 AAC 50.715(c)(6)(A) is amended to read:

(A) within a PM-10 or PM-2.5 nonattainment or maintenance area

identified in 18 AAC 50.015(b)(2)[,] or 18 AAC 50.015(b)(3) [WITHIN A PM-2.5 

NONATTAINMENT AREA, IF ANY, IDENTIFIED IN 18 AAC 50.015(b)(2)]; and 

...

18 AAC 50.715(c)(7) is amended to read:

(7) notify staff of participating agencies of any revision or amendment to a 

transportation plan or transportation improvement program [TIP] that merely adds or deletes 

19
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

an exempt project listed in 40 C.F.R. 93.126, revised as of January 24, 2008 and adopted by 

reference [IN 18 AAC 50.710].

...

18 AAC 50.715(c) is amended by a adding a new paragraph to read:

(8) develop a list of transportation control measures for inclusion in the state 

implementation plan and distribute this list to those agencies described in 18 AAC 50.715(a)(2).

...

18 AAC 50.715(d) is amended to read:

(d) In addition to the consultation described in (c) of this section, a staff member of the 

sponsoring [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, revised as of January 24, 2008 and

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, maintenance 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; [.]

(4) assure that plans for construction of regionally significant projects that

are not U.S. Department of Transportation’s Federal Highway Administration or Federal 

Transit Administration projects, including projects for which alternative locations, design 

20
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

concept and scope, or the no-build option are still being considered and including all those 

by recipients of funds designated under Title 23 U.S.C, are disclosed to the metropolitan 

planning organization on a regular basis and to assure that any changes to those plans are 

disclosed within ten business days; 

(5) request that participants in the interagency consultation process identify 

all non- Federal Highway Administration and all non-Federal Transit Administration

transportation projects and their design concept and scope, including those where detailed 

design features have not yet been decided, to determine which ones meet the definition of 

regionally significant for regional emissions modeling. Any recipient of federal funding as 

defined in 40 C.F.R. 93.101, revised as of March 14, 2012 and adopted by reference, is 

required to disclose to the metropolitan planning organization information regarding all 

non- Federal Highway Administration and non-Federal Transit Administration regionally 

significant projects; any changes to these plans shall be disclosed within ten business days; 

and

(6) choose conformity tests and methodologies for isolated rural 

nonattainment and maintenance areas.

...

The lead-in language of 18 AAC 50.715(f) is amended to read: 

(f) After completing the interagency consultation process, the sponsoring

[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.

...

21
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

The lead-in language of 18 AAC 50.715(g) is amended to read: 

(g) After opportunity for public review and comment on the public review draft of the 

conformity determination, the sponsoring [RESPONSIBLE] agency shall 

...

18 AAC 50.715(h) is repealed:

(h) Repealed ___/___/_____.

(Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am__/__/____, 

Register ___)

Authority: AS 46.03.020 AS 46.14.030

The lead-in language of 18 AAC 50.720 is amended to read:

18 AAC 50.720. Public involvement [TRANSPORTATION CONFORMITY: PUBLIC

INVOLVEMENT]. 

...

The lead-in language of 18 AAC 50.720(a) is amended to read:

(a) The sponsoring [RESPONSIBLE] agency referred to in 18 AAC 50.705(b)(1) 

[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 or 

transportation related state implementation plan revision before the agency issues a final 

conformity determination or transportation related state implementation plan revision. As 

required under 40 C.F.R. 93.112, revised as of August 15, 1997 and adopted by reference [IN

18 AAC 50.710], the public involvement process must be consistent with the requirements of 

40 C.F.R. 93.105(e), revised as of March 14, 2012 and adopted by reference; and 23 C.F.R. 

22
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

450.316(a), revised as of February 14, 2007 and adopted by reference [23 C.F.R. 450.322(i),

AND 23 C.F.R. 450.324(b), AS REVISED AS OF APRIL 1, 2009]. 

...

The lead-in language of 18 AAC 50.720(b) is amended to read:

(b) The sponsoring [RESPONSIBLE] agency shall 

...

18 AAC 50.720(b)(1) is amended to read:

(1) subject to (d) of this section, 

(A) receive written comments on the public review draft of the 

conformity determination or transportation related state implementation plan

revision; and

(B) hold a public hearing or meeting

(i) for a transportation plan, [OR] transportation improvement 

program or transportation related state implementation plan revision;

(ii) for a project that is not included in a transportation plan, [OR]

transportation improvement program or transportation related state 

implementation plan revision, 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

...

23
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

The lead-in language of 18 AAC 50.720(c) is amended to read:

(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 or transportation related state implementation plan revision.

...

18 AAC 50.720 is amended by adding a new subsection to read:

(e) Charges imposed for inspection and copying of information, emissions data, 

analyses, models, and modeling assumptions used to perform a conformity determination or 

transportation related state implementation plan revision must be consistent with AS 40.25.110 

and AS 40.25.115.

(Eff. 1/4/95, Register 133; am 9/4/98, Register 147; am 4/1/2010, Register 193; am__/__/____, 

Register ___)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50.725 is repealed:

18 AAC 50.725. General conformity: incorporation by reference of federal 

regulations. Repealed. (Eff. 1/4/95, Register 133; repealed__/__/____, Register ___)

18 AAC 50.730 is repealed:

18 AAC 50.730. General conformity: mitigation of air quality impacts. Repealed.

(Eff. 1/4/95, Register 133; repealed__/__/____, Register ___)

24
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50.735 is repealed and readopted to read:

18 AAC 50.735. Frequency of transportation 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) Conformity determinations and conformity redeterminations for transportation plans, 

transportation improvement programs and other Federal Highway Administration or Federal 

Transit Administration projects must be made in accordance with the requirements of 40 C.F.R. 

93.104, revised as of January 24, 2008 and adopted by reference.

(Eff. 1/4/95, Register 133; am__/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50 is amended by adding a new section to read:

18 AAC 50.740. Written commitments. (a) In accordance with 40 C.F.R.

93.122(a)(4)(ii), revised as of July 1, 2004 and adopted by reference, prior to making a 

conformity determination on the transportation plan or transportation improvement program, a

metropolitan planning organization or the Alaska Department of Transportation and Public 

Facilities may not include emissions reduction credits from any control measures that are not 

included in the transportation plan or transportation improvement program and that do not 

require a regulatory action in the regional emissions analysis unless the metropolitan planning 

organization, the Alaska Department of Transportation and Public Facilities, the Federal 

25
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

Highway Administration or the Federal Transit Administration obtains written commitments as 

defined in 40 C.F.R. 93.101, revised as of March 14, 2012 and adopted by reference, from the

appropriate entities to implement those control measures. The written commitments to 

implement those control measures must be fulfilled by the appropriate entities.

(b) In accordance with 40 C.F.R. 93.125(c), revised as of March 10, 2006 and adopted 

by reference, prior to making a project-level conformity determination for a transportation 

project, the Federal Highway Administration or the Federal Transit Administration must obtain 

from the project sponsor or operator written commitments as defined in 40 C.F.R. 93.101, 

revised as of March 14, 2012 and adopted by reference, to implement any project-level 

mitigation or control measures in the construction or operation of the project identified as 

conditions for National Environmental Policy Act process completion. The written 

commitments to implement those project-level mitigation or control measures must be fulfilled 

by the appropriate entities. Prior to making a conformity determination on the transportation 

plan or transportation improvement program a metropolitan planning organization or the Alaska 

Department of Transportation and Public Facilities must ensure any project-level mitigation or 

control measures are included in the project design concept and scope and are appropriately 

identified in the regional emissions analysis. Prior to making a project-level conformity 

determination, written commitments must be obtained before such mitigation or control 

measures are used in a project-level hot-spot analysis.

(Eff. __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030

26
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50 is amended by adding a new section to read:

18 AAC 50.745 Resolving conflicts. (a) The department will refer to the governor for 

the resolution of any conflict between state agencies or between state and local agencies that 

cannot be resolved by the heads of the involved agencies. A conformity determination that is the 

subject of a conflict resolution under this subsection must have the governor's concurrence to be 

considered final. 

(b) The department will make the referral to the governor within 14 calendar days after 

notification or a determination that the conflict cannot be resolved. Such 14-day period shall 

commence when the metropolitan planning organization or the Alaska Department of 

Transportation and Public Facilities has confirmed receipt of the comments of the department. 

The department will provide the participating agencies with a copy of its referral to the governor.

(c) 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, Alaska Department of Transportation and Public Facilities or a state 

transportation board or commission. 

(d) If the department does not appeal to the governor within 14 calendar days, the 

sponsoring agency, metropolitan planning organization or the Alaska Department of 

Transportation and Public Facilities may proceed with the final conformity determination. 

(e) In the case of any comments with regard to any proposed determination of 

conformity, Alaska Department of Transportation and Public Facilities has 14 calendar days to 

appeal a proposed determination of conformity, or other policy decision under this rule, to the 

governor after the metropolitan planning organization has notified the department of the 

resolution of all comments on such proposed determination of conformity or policy decision. 

27
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

Such 14-day period shall commence when the metropolitan planning organization has confirmed 

receipt by the department of the resolution of the comments of the Alaska Department of 

Transportation and Public Facilities. 

(f) If the Alaska Department of Transportation and Public Facilities appeals to the 

governor, the final conformity determination must have the concurrence of the governor. 

(g) The Alaska Department of Transportation and Public Facilities must provide notice 

of any appeal under this subsection to the metropolitan planning organization and the 

department; if the Alaska Department of Transportation and Public Facilities does not appeal to 

the governor within 14 calendar days, the metropolitan planning organization may proceed with 

the final conformity determination.

(Eff. __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030

18 AAC 50 is amended by adding a new section to read:

18 AAC 50.750 Exempt projects. Notwithstanding the other requirements of 

18 AAC 50.700 - 18 AAC 50.755, highway and transit projects of the types listed in table 2 of 

40 C.F.R. 93.126, revised as of January 24, 2008 and adopted by reference, are exempt from the 

requirement to determine conformity. Such projects may proceed toward implementation even 

in the absence of a conforming transportation plan and transportation improvement program. A 

particular action of the type listed in table 2 of 40 C.F.R. 93.126, revised as of January 24, 2008

and adopted by reference, is not exempt if the metropolitan planning organization in consultation 

with other agencies, the EPA, and the Federal Highway Administration, (in the case of a 

highway project) or the Federal Transit Administration, (in the case of a transit project) concur 

28
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

that it has potentially adverse emissions impacts for any reason. Metropolitan planning 

organizations must ensure that exempt projects do not interfere with transportation control 

measure implementation.

(Eff. __/__/____, Register ___)

Authority: AS 46.03.020 AS 46.14.030 

18 AAC 50.990(32) is amended to read:

(32) “emissions [EMISSION] unit” has the meaning given in AS 46.14.990; 

...

18 AAC 50.990(90) is amended to read:

(90) "regionally significant project" has the meaning given in 40 C.F.R. 93.101,

revised as of March 14, 2012, and adopted by reference [IN 18 AAC 50.710];

...

18 AAC 50.990(92) is amended to read:

(92) “regulated NSR pollutant” means 

(A) for the purposes of 18 AAC 50.311, the meaning given in 

40 C.F.R. 51.165(a)(1)(xxxvii), adopted by reference in 18 AAC 50.040(i);

(B) for all other purposes, [HAS] the meaning given in 40 C.F.R. 

52.21(b)(50), adopted by reference in 18 AAC 50.040(h);

...

29
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

18 AAC 50.990(121) is amended to read:

(121) “volatile organic compound” or “VOC” has the meaning given in 

40 C.F.R. 51.100(s), as revised as of November 21, 2013 [APRIL 18, 2013], and adopted by 

reference;

...

18 AAC 50.990(130) is amended to read:

(130) “transportation improvement program” or “TIP” has the meaning given in 

40 C.F.R. 93.101, revised as of March 14, 2012, and adopted by reference [IN 18 AAC 

50.710]. 

...

18 AAC 50.990 is amended by adding new paragraphs to read:

(133) “metropolitan planning organization” has the meaning given in 40 C.F.R. 

93.101, revised as of March 14, 2012, and adopted by reference;

(134) “transportation control measure” has the meaning given in 40 C.F.R. 

93.101, revised as of March 14, 2012, and adopted by reference;

(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; am 10/6/2013, Register 208; am__/__/____, Register 

___)

30
Register ____, __________2014 ENVIRONMENTAL CONSERVATION

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

31
ALASKA DEPARTMENT OF 

ENVIRONMENTAL CONSERVATION 

18 AAC 50 Air Quality Control

Adopted

October 9, 2014

Sean Parnell

Governor 

Larry Hartig 

Commissioner
Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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, 2013 [JULY 1, 2012], 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");

(iv) 40 C.F.R. 51.165(a)(1)(vii) ("emissions unit");

(v) 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");

(ii) [(iii)] 40 C.F.R. 51.165(a)(1)(ix) ("fugitive emissions");

(2) 40 C.F.R. 51.165(a)(2)(ii) [40 C.F.R. 51.165(a)(1)(v) (MAJOR 

MODIFICATION)];

(3) 40 C.F.R. 51.165(a)(3) [(OFFSET CREDITS)];

1
Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

(4) 40 C.F.R. 51.165(a)(5) [40 C.F.R. 51.165(a)(1)(iv)(C)];

(5) 40 C.F.R. 51.165(a)(6) [REPEALED 10/6/2013];

(6) [40 C.F.R. 51.165(a)(1)(xxviii) (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.

(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; am 1/4/2013, Register 205; am 10/6/2013, Register 208; am 

___/___/____, Register ____)

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030

AS 46.14.010

2
Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

18 AAC 50.502(h) is amended by adding a new paragraph to read:

(5) "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).

(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 1/4/2013, Register 205; 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 9/17/2011, 

Register 199; am 9/14/2012, Register 203; am 10/6/2013, Register 208; 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

3
Register ___, _______ 2015 ENVIRONMENTAL CONSERVATION

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

4
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
Alaska Statutes Granting the Alaska Department of Environmental Conservations Legal 

Authority to Adopt Regulations

Alaska Statutes can be found at: 

http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgibin/folioisa.dll/stattx12

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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 1 of 35
(1) the shop be equipped with appropriate sterilizing equipment, with availability of 

hot and cold running water, and with an appropriate waste receptacle;

(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.

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;

(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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 2 of 35
(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 

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).

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 3 of 35
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 

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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 4 of 35
(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.

(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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 5 of 35
(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. 46.03.765. 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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 6 of 35
(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;

(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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 7 of 35
(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);

(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 .

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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 8 of 35
(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.

(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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 9 of 35
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 

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 

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 10 of 35
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 

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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 11 of 35
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 

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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 12 of 35
(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;

(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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 13 of 35
(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;

(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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 14 of 35
(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.

(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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 15 of 35
(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

(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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 16 of 35
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 

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 

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 17 of 35
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 

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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 18 of 35
(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 

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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 19 of 35
(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 

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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 20 of 35
(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 

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 

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 21 of 35
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

(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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 22 of 35
(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

(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);

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 23 of 35
(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.

(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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 24 of 35
(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 - 44.62.319 (Open Meetings Act);

(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);

(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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 25 of 35
(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;

(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;

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 26 of 35
(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 

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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 27 of 35
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.

(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 

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 28 of 35
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 (Clean Air Act, secs. 160 - 169b) 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, 

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, 

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 29 of 35
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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 30 of 35
(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. [Repealed, Sec. 4 ch 20 SLA 2009].

Repealed or Renumbered

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.

(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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 31 of 35
(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.

In this chapter,

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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 32 of 35
(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]. 

(14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean 

Air Act, sec. 112(b));

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 33 of 35
(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;

(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

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 34 of 35
(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.

Alaska Department of Environmental Conservation, Air Permitting Statutory Authority, 2012 35 of 35
40 C.F.R. Part 51 Appendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Adoption Date 

Indicated:

See section 2.1. (b) for Adoption Order.

Notes:

The official version of 18 AAC 50 is published at the following 

link when the quarterly register in which the revisions first appear are 

published: 

http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.l

egis.state.ak.us/cgibin/folioisa.dll/aac/query=[JUMP:'Title18Chap50']/doc/{@1}?firsthit 

An unofficial version of 18 AAC 50 is posted at the following link: 

http://dec.alaska.gov/commish/regulations/pdfs/18%20AAC%2050.pdf

The PDF document is prepared as a courtesy, informational document 

so that the regulations are available to the public prior to their 

quarterly register publication.
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 September 26, 2014.

Public Notice signed by Commissioner Larry Hartig dated March 17, 

2014.

Public Notice Cancelling the Public Hearing, published on-line starting 

April 16, 2014.

Affidavit of Publication, Anchorage Daily News, dated March 19-20, 

2014 (affidavit signed March 20, 2014).

Affidavit of Oral Hearing Cancellation signed by Rebecca Tyson Smith 

dated May 5, 2014.







NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF

THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18, Chapter 50 of the 

Alaska Administrative Code, dealing with air quality, the state air quality plan, air quality standards specific to the 

Mendenhall Valley area of Juneau, and conformity of federally funded transportation projects with air quality requirements 

and local air quality plans, including the following:

• 18 AAC 50.010(1)(A) will be amended to include a cross-reference to an adopted test method.

• 18 AAC 50.015(b)(2)(A) will be repealed and 18 AAC 50.015(e) will be amended to re-designate the 

Mendenhall Valley Area of Juneau from "nonattainment" for coarse particulate matter (PM-10) to "attainment." These 

amendments reflect the fact that this area now meets the federal requirements for coarse particulates (PM10).

• 18 AAC 50.020 will be amended to establish the minor source baseline date for fine particulate matter (PM-2.5)

in the Northern Alaska Intrastate Air Quality Control Region.

• 18 AAC 50.030 will be amended to adopt revisions to the State Air Quality Control Plan to address changes in 

federal regulations regarding the following topics: Conformity (Transportation and General), Clean Air Act Section 110 

Infrastructure Certification (updated National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2) and

sulfur dioxide (SO2)), and incorporating additional Appendix documents, including new regulations, and other documents

that further support previously adopted plan revisions (Regional Haze Plan and Fairbanks Carbon Monoxide Limited 

Maintenance Plan).

• 18 AAC 50.035 and 18 AAC 50.215 will be amended to specify which quality assurance handbooks should be

used when collecting meteorological data.

• 18 AAC 50.035 will be amended to reflect changes in Title 40 of the Code of Federal Regulations (C.F.R.),

Parts 50 (national primary and secondary ambient air quality standards), 58 (ambient air quality surveillance), 60

(standards of performance for new stationary sources), and 63 (national emission standards for hazardous air pollutants for 

source categories) and to adopt appendices of 40 C.F.R. Parts 58, 60, and 63 for use in monitoring and reference method 

testing actions.

• 18 AAC 50.040 will be amended to update the adoption by reference revision dates of 40 C.F.R. parts to adopt 

the most recent applicable requirements for operating permits.

• 18 AAC 50.040 will be amended to remove sections that are not required for states to adopt, and to reflect the 

adoption of the definition for "regulated NSR pollutant" in 40 C.F.R. 51.165(A)(1)(xxxvii).

• 18 AAC 50.215(d) will be amended to revise language applicable to modeling demonstrations.

• 18 AAC 50.220(c)(1)(E) and 18 AAC 50.220(c)(2) will be amended to revise cross references to adopted-byreference test methods in 18 AAC 50.035.

• 18 AAC 50.700 - 18 AAC 50.740 (Article 7) will be amended to conform with the requirements of the federal 

2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Public Law

109–59). SAFETEA-LU eliminates the requirement for states to adopt and submit General Conformity State 

Implementation Plans. 

BRIEF DESCRIPTION

The Department of Environmental Conservation (DEC) proposes changes to its air quality 

regulations, to adopt current U.S. Environmental Protection Agency (EPA) air quality regulations 

used in air quality control permits and EPA and Federal Highway Administration regulations needed 

to ensure that transportation projects funded by federal agencies protect air quality and conform to 

local air quality plans.

1
• 18 AAC 50.990 (definitions) will be amended to add, clarify and modify definitions relevant to the overall 

proposal.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying and 

alternative practical methods of complying with the proposed changes, by submitting written comments to: Rebecca 

Smith, Division of Air Quality, Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, P.O. 

Box 111800, Juneau, Alaska 99811-1800; by e-mail to rebecca.smith@alaska.gov; through the Air Quality Division’s 

electronic comment submission web page at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments; by email to the Air Quality Comments Docket at dec.aq.airdocket@alaska.gov, or by facsimile at (907) 465-5129. Comments 

must be received by 5:00 p.m. on April 22, 2014. Comments received after this date and time will not be considered in 

final action on these rules.

DEC has tentatively scheduled a public hearing for these proposed regulations, on April 18, 2014, from 12:00 p.m. to 1:30

p.m. at the Department of Environmental Conservation Building, 619 E. Ship Creek Ave., Ste. 249, Conference Room A, 

Anchorage, AK 99501. The public hearing will be held only if a request to hold a public hearing is received by DEC by 

5:00 p.m. on April 15, 2014. You may request a public hearing by calling Rebecca Smith at 907-465-5121 between 9:00 

a.m. and 5:00 p.m., Monday through Friday or by e-mailing a request to rebecca.smith@alaska.gov. If no request for a 

public hearing is received, the public hearing will be cancelled. DEC will announce the cancellation of the public hearing 

by publishing a public notice, by 5:00 p.m. on April 16, 2014, on this website: 

http://dec.alaska.gov/commish/public_notices.htm. Oral or written comments may be submitted at the hearing, if a public 

hearing is conducted. If the public hearing occurs, there will be a call-in number if you are not able to attend the meeting 

in person. The call-in number will be 1-800-315-6338, and the Meet Me Code will be 8123#. If held, the hearing may be 

extended if necessary to accommodate those present before 1:00 p.m. who did not have an opportunity to comment. 

If you are a person with a disability who may need a special accommodation in order to participate in this public process, 

please contact Deborah Pock at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY or dial 711 by April 16, 

2014, to ensure that any necessary accommodations can be provided. 

For a copy of the proposed regulation changes please call Rebecca Smith at 907-465-5121 between 9:00 a.m. and 5:00 

p.m., Monday through Friday, or refer to this DEC webpage:

http://dec.alaska.gov/Applications/Air/airtoolsweb/AirPermitsApprovalsAndPublicNotices/ or 

http://dec.alaska.gov/air/ap/regulati.htm. The proposed regulations are intended to meet the requirements of Section 110 

(Title 42 U.S.C. Chapter 85 §7410) of the Clean Air Act and, once adopted, will be submitted to the U.S. Environmental 

Protection Agency for approval and eventual inclusion in Alaska’s State Air Quality Control Plan. 

After the public comment period ends on April 22, 2014, DEC will either adopt these or other provisions dealing with the 

same subject, without further notice, or decide to take no action on them. The language of the final regulations may be 

different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF 

YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public 

inspection.

Statutory Authority: AS 44.46.025, AS 46.03.010, AS 46.03.020, AS 46.03.710, AS 46.14.010, AS 46.14.020, 

AS 46.14.030, AS 46.14.120, AS 46.14.130, AS 46.14.140, AS 46.14.150, AS 46.14.160, AS 46.14.170, AS 46.14.180, 

AS 46.14.210, AS 46.14.230, AS 46.14.240, AS 46.14.250, AS 46.14.255, AS 46.14.280, AS 46.14.285, AS 46.14.290, 

AS 46.14.300, AS 46.14.400, AS 46.14.560

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, AS 46.14.400

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

________/s/________

Dated: March 17, 2014 Larry Hartig, DEC Commissioner

2
NOTICE OF CANCELLATION OF PUBLIC HEARING

ON PROPOSED CHANGES IN THE REGULATIONS OF

THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18, Chapter 50 of the 

Alaska Administrative Code, dealing with air quality, the state air quality plan, air quality standards specific to the 

Mendenhall Valley area of Juneau, and conformity of federally funded transportation projects with air quality requirements 

and local air quality plans, including the following:

• 18 AAC 50.010(1)(A) will be amended to include a cross-reference to an adopted test method.

• 18 AAC 50.015(b)(2)(A) will be repealed and 18 AAC 50.015(e) will be amended to re-designate the 

Mendenhall Valley Area of Juneau from "nonattainment" for coarse particulate matter (PM-10) to "attainment." These 

amendments reflect the fact that this area now meets the federal requirements for coarse particulates (PM10).

• 18 AAC 50.020 will be amended to establish the minor source baseline date for fine particulate matter (PM-2.5)

in the Northern Alaska Intrastate Air Quality Control Region.

• 18 AAC 50.030 will be amended to adopt revisions to the State Air Quality Control Plan to address changes in 

federal regulations regarding the following topics: Conformity (Transportation and General), Clean Air Act Section 110 

Infrastructure Certification (updated National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (NO2) and

sulfur dioxide (SO2)), and incorporating additional Appendix documents, including new regulations, and other documents

that further support previously adopted plan revisions (Regional Haze Plan and Fairbanks Carbon Monoxide Limited 

Maintenance Plan).

• 18 AAC 50.035 and 18 AAC 50.215 will be amended to specify which quality assurance handbooks should be

used when collecting meteorological data.

• 18 AAC 50.035 will be amended to reflect changes in Title 40 of the Code of Federal Regulations (C.F.R.),

Parts 50 (national primary and secondary ambient air quality standards), 58 (ambient air quality surveillance), 60

(standards of performance for new stationary sources), and 63 (national emission standards for hazardous air pollutants for 

source categories) and to adopt appendices of 40 C.F.R. Parts 58, 60, and 63 for use in monitoring and reference method 

testing actions.

• 18 AAC 50.040 will be amended to update the adoption by reference revision dates of 40 C.F.R. parts to adopt 

the most recent applicable requirements for operating permits.

• 18 AAC 50.040 will be amended to remove sections that are not required for states to adopt, and to reflect the 

adoption of the definition for "regulated NSR pollutant" in 40 C.F.R. 51.165(A)(1)(xxxvii).

• 18 AAC 50.215(d) will be amended to revise language applicable to modeling demonstrations.

• 18 AAC 50.220(c)(1)(E) and 18 AAC 50.220(c)(2) will be amended to revise cross references to adopted-byreference test methods in 18 AAC 50.035.

• 18 AAC 50.700 - 18 AAC 50.740 (Article 7) will be amended to conform with the requirements of the federal 

2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Public Law

BRIEF DESCRIPTION

The Department of Environmental Conservation (DEC) proposes changes to its air quality 

regulations, to adopt current U.S. Environmental Protection Agency (EPA) air quality regulations 

used in air quality control permits and EPA and Federal Highway Administration regulations needed 

to ensure that transportation projects funded by federal agencies protect air quality and conform to 

local air quality plans.

1
109–59). SAFETEA-LU eliminates the requirement for states to adopt and submit General Conformity State 

Implementation Plans. 

• 18 AAC 50.990 (definitions) will be amended to add, clarify and modify definitions relevant to the overall 

proposal.

The Department published a public notice regarding these proposed changes on March 19, 2014. In the public notice, the 

Department announced that a public hearing for these proposed regulations was tentatively scheduled for April 18, 2014,

from 12:00 p.m. to 1:30 p.m. at the Department of Environmental Conservation Building, 619 E. Ship Creek Ave., Ste. 

249, Conference Room A, Anchorage, AK 99501. The Department did not receive a request to hold the public hearing by 

5:00 p.m. on April 15, 2014, as required in the original public notice. Therefore, the public hearing will not be held. 

You may comment on the proposed regulation changes, including the potential costs to private persons of complying and 

alternative practical methods of complying with the proposed changes, by submitting written comments to: Rebecca 

Smith, Division of Air Quality, Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, P.O. 

Box 111800, Juneau, Alaska 99811-1800; by e-mail to rebecca.smith@alaska.gov; through the Air Quality Division’s 

electronic comment submission web page at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments; by email to the Air Quality Comments Docket at dec.aq.airdocket@alaska.gov, or by facsimile at (907) 465-5129. Comments 

must be received by 5:00 p.m. on April 22, 2014. Comments received after this date and time will not be considered in 

final action on these rules.

If you are a person with a disability who may need a special accommodation in order to participate in this public process, 

please contact Deborah Pock at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY or dial 711 by April 16, 

2014, to ensure that any necessary accommodations can be provided. 

For a copy of the proposed regulation changes please call Rebecca Smith at 907-465-5121 between 9:00 a.m. and 5:00 

p.m., Monday through Friday, or refer to this DEC webpage:

http://dec.alaska.gov/Applications/Air/airtoolsweb/AirPermitsApprovalsAndPublicNotices/ or 

http://dec.alaska.gov/air/ap/regulati.htm. The proposed regulations are intended to meet the requirements of Section 110 

(Title 42 U.S.C. Chapter 85 §7410) of the Clean Air Act and, once adopted, will be submitted to the U.S. Environmental 

Protection Agency for approval and eventual inclusion in Alaska’s State Air Quality Control Plan. 

After the public comment period ends on April 22, 2014, DEC will either adopt these or other provisions dealing with the 

same subject, without further notice, or decide to take no action on them. The language of the final regulations may be 

different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF 

YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public 

inspection.

Statutory Authority: AS 44.46.025, AS 46.03.010, AS 46.03.020, AS 46.03.710, AS 46.14.010, AS 46.14.020, 

AS 46.14.030, AS 46.14.120, AS 46.14.130, AS 46.14.140, AS 46.14.150, AS 46.14.160, AS 46.14.170, AS 46.14.180, 

AS 46.14.210, AS 46.14.230, AS 46.14.240, AS 46.14.250, AS 46.14.255, AS 46.14.280, AS 46.14.285, AS 46.14.290, 

AS 46.14.300, AS 46.14.400, AS 46.14.560

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, AS 46.14.400

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

2



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 July 21, 2014.

Response to Comments titled: 18 AAC 50 Air Quality Control, 

Responsiveness Summary, Regulated NSR Pollutant Definition Update, 

September 18, 2014

ALASKA DEPARTMENT OF 

ENVIRONMENTAL CONSERVATION 

18 AAC 50 Air Quality Control 

Responsiveness Summary

Regulated NSR Pollutant Definition Update

September 18, 2014

1 of 2
Introduction

The proposed revision to 18 AAC 50 updated the air quality regulations to adopt the current federal 

definitions for regulated New Source Review (NSR) pollutant in 40 C.F.R. 51.165(a)(1)(xxxvii) and 

40 C.F.R. 52.21(b)(50) as they apply to nonattainment and attainment areas. The federal definitions 

were revised to address precursor emissions differently in nonattainment and attainment areas. 

ADEC needs to adopt the new definitions in order to have a new source review permitting program 

that accurately addresses precursor emission in nonattainment areas. The definition was revised in 

18 AAC 50.990(92), and a cross reference to the definition was revised in 18 AAC 50.040(i)(1)(B).

Opportunities for Public Participation

The proposed regulation changes to 18 AAC 50 were described in DEC’s public notice issued 

March 17, 2014, which was published in the Anchorage Daily News and posted on the public notice 

web pages of the State of Alaska, the Department of Environmental Conservation, and the Division 

of Air Quality. Public comments were due by April 22, 2014. The U.S. Environmental Protection 

Agency requires states to hold a public hearing regarding regulation changes if a hearing is requested. 

DEC tentatively scheduled a public hearing for April 18, 2014. DEC’s public notice, dated March 

17, 2014, required that DEC receive a request for a public hearing by April 15, 2014, for the public 

hearing to proceed. DEC received no requests to hold a public hearing; therefore, DEC cancelled 

the hearing by posting a public notice of cancellation on the State, Department, and Air Permits 

Programs public notice web pages on April 16, 2014. 

Comments by Category

Fiscal Impacts Comments: There were no comments regarding fiscal impacts of the proposed 

regulations changes.

Non-fiscal Impact Comments: There were no comments regarding the proposed changes to the 

adopted definition of regulated NSR pollutant.

2 of 2