# Alaska Department of Environmental Conservation

Amendments to:

State Air Quality Control Plan

Vol. II: Analysis of Problems, Control Actions

Section II: Air Quality Control Program

Adopted

August 5 th 

## , 2009(This pag e serves as a placeholder for two

- sided copying)Adopted August 5 th , 2009 II

- 1 Volume II, Section II is amended as follows:

Section II

STATE AIR QUALITY CONTROL PROGRAM

The Department of Environmental Conservation (ADEC) administers the state air quality control program and is the primary agency responsible for implementing the state air quality control plan. Portions of the control plan make up Alaska’s State Implementation Plan (SIP) and address the requirements of the Clean Air Act Amendments of 1990 and subsequent requirements set out by the Environmental Protection Agency (EPA). Each time EPA approves an amendment to the state’s control plan, those amendments become a part of the federally required and approved SIP. Other portions of the control plan are state requirements t hat may be pending approval by EPA or cover control measures that are not required by EPA. The air quality control plan, including the SIP, has been adopted by reference into Title 18, Chapter 50 of the Alaska Administrative Code . ADEC is responsible for establishing the air quality standards throughout the state, and ensuring that regulations are enforced statewide to maintain ambient air quality standards.

The Fairbanks North Star Borough (FNSB) and the Municipality of Anchorage (MOA) both operate loca l air quality control programs in their respective jurisdictions. Their local programs concentrate on ambient air monitoring, enforcement of visible emission and dust control regulations, and local control measures to reduce motor vehicle carbon

monoxide emissions. In ad dition, the interjurisdictional Southcentral Clean Air Authority

has been established to aid the MOA and the Matanuska

- Susitna Borough in pursuing joint efforts to control emissions and improve air quality in the air shed common to the

two jurisdictions. As a matter of policy, ADEC encourages the development of strong local air quality control programs. ADEC provides technical assistance to ensure that air quality objectives are satisfactorily carried out. The legal authority for establi shing local air pollution control programs is found in Alaska Statute (AS) 46.14.400

— Local Air Quality Control Programs.

Department of Environmental Conservation

ADEC’s Division of Air Quality works to protect the public from the adverse health

effects o f air pollution and is divided into three programs: Air Permits Program ; Air Non

Point & Mobile Source Program ; and Monitoring & Quality Assurance Program.

The Air Permits P rogram issues both construction and operating permits from offices in Anchorage an d Juneau. T he Air Permits P rogram also focuses on compliance assurance with an enforcement program located in Fairbanks , and a regulation devel opment team
located in Juneau

.

The Air Non

- Point & Mobile Source P rogram consists of two sections: mobile sour ces and area source pollutants. The mobile sources section is centered in Anchorage, with staff also located in Fairbanks. The mobile sources section is responsible for implementation of mobile source air pollution programs such as the Inspection andAdopted August 5 th , 2009 II

- 2 Mai ntenance (I/M) program and low

- sulfur diesel requirements. The area source pollutants group is centered in Juneau , with staff also located in Fairbanks, and is responsible for development of the State Air Quality Control Plan, the state implementation pla n (SIP), and air quality regulations such as I/M and conformity regulations.

The Monitoring and Quality A ssurance Program is centered in Anchorage , with staff also

in Juneau and is responsible for air monitoring projects that measure the actual

concent rations of carbon monoxide, particulate matter, sulfur dioxide, nitrogen oxides, ozone, lead, or other meteorological parameters. The monitoring program’s Juneau laboratory assists in operation and maintenance of a statewide monitoring network and

assists in special monitoring projects.

AS 44.46.020, 46.03.020, 46.03.024, 46.03.760, 46.03.765, 46.03.780, 46.03.790, and AS

46.14 .010 through 46.14.990 provide ADEC’s legal authority (copies are in the appendi x to Section II ). In 1972, the State of Alaska D epartment of Law determined that AS 46.03 contained the necessary legal authorities as required by the Clean Air Act to carry out the statewide air quality control plan. This legal opinion, found in the appendix to section II, identifies the prerequisite legal authorities for the state's air quality control program. It also covers the six basic legal requirements identified in 40 C.F.R. Part 51.11(a) in 1972. (Note: in 1986, the legal requirements were moved to 40 C.F.R. Section 51.230.)

ADEC's Air Qual ity Control regulations, 18 AAC 50, are located in the appendix to
Section II. Amendments adopted in 1982 allowed assumption of the PSD program, New Source Performance Standards review for six sources, and other activities. Amendments adopted in 1983 cre ated administrative procedures to maintain ambient air quality standards in locations where emissions from residential wood burning activities threaten public health and modified open burning regulations.

In 1987, the department amended regulations that control the height of stacks and the use of dispersion techniques. In 1988, the department amended fugitive emission accounting procedures for determining permit applicability, and asphalt plant emission standards. In 1991, ADEC adopted an ambient air qu ality standard for ammonia. In a separate 1991 amendment package, further amendments accomplished the following:

• established an ambient air quality standard for particulate matter smaller than 10 microns (PM 10 );

• set an upper boundary for any increas es of nitrogen dioxide emissions;

• reduced the visible emission standard for marine vessels from 40 to 20 percent opacity;

• revised the criteria for owners of incinerators to obtain an operating permit;

• established a new permit procedure for facilit ies in Anchorage and Fairbanks;

• established a new air episode category called "air quality advisory"; andAdopted August 5 th , 2009 II

- 3 • restricted wood stove operation during an air quality advisory and an air

emergency.

The 1991 package also included amendments to reduce PM 10 le vels in Eagle River and in the Mendenhall Valley. Those amendments include a public notice and 30

- day comment period for all new air quality control permits; and clarify certain permit requirements and procedures, especially issues pertaining to the defin ition and application of "actual" and

"allowable" emissions.

In 1994, the department amended the Air Quality Control regulations (18 AAC 50) to address New Source Review and Conformity requirements. In 1998, the Transportation Conformity requirements were updated . In 2004, 18 AAC 50 was updated to identify Anchorage’s and Fairbanks’ redesignations as maintenance areas.

The department’s Emissions Inspection and Maintenance Requirements for Motor Vehicles (18 AAC 52), initially adopted in 1985, were amend ed twice in 1994, once to establish an I/M program for vehicles used to commute into the MOA, and again in response to federal I/M regulations dated November 1992. In 1996, the regulations were amended to change the implementation schedule from an annual t o a biennial inspection frequency. In 1999, DEC amended Chapter 52 to incorporate a switch from BAR

- 90 to the Alaska2000 Emissions Inspection System. In 2000, an amendment changed the start date of the OBDII testing requirement from January 1, 2001 to Jul y 1, 2001

. After 2001,

some minor changes were made to 18 AAC 52 to add flexibility fo r enforcement options and to recognize improved performance of new vehicles through a multi

- year exemption period prior to inclusion in the program. A copy of 18 AAC 52 , as amended through August 5 th , 2009 , is contained in Volume III, in the Appendix to Section III.A.

State oxygenated fuel regulations are contained in 18 AAC 53. These regulations were initially adopted in 1992. These regulations require d the sale of o xygenated fuels in the MOA during the control period of November 1 to March 1 from 1995 until 2004 when the MOA was redesignated from nonattainment to attainment

.

In 2000, DEC amended Chapter 53 to change the per

- gallon CAR fee amount and in 2004

amend ed it to suspend the required use of gasoline containing 10% ethanol during the winter months. The amendments clarified the procedure for reestablishing blended gasoline should there be a violation of the carbon monoxide (CO) standard in the future.

The u se of ethanol containing gasoline has been effective for reducing tailpipe carbon monoxide emissions. However, the technology of newer vehicles reduces the emission benefits associated with this control program. Consequently as new cars replace older

cars this strategy provides diminished air quality returns. It is also no longer necessary for meeting clean air standards in Anchorage. The amendments inserted language that defines guidelines for suspension or reestablishment of fuel control periods. A co py of 18 AAC 53, as amended through February 20, 2004, is contained in Volume III in the appendix to III.A.Adopted August 5 th , 2009 II

- 4 Municipality of Anchorage

The Southcentral Clean Air Authority (SCAA) includes the MOA and the Matanuska

Susitna Borough (Mat

- Su Borough). As a m eans to address interjurisdictional issues, the

MOA and the Mat

- Su Borough have recently reactivated the SCAA, which had been inactive for several years.

The Anchorage Air Pollution Control Agency (AAPCA), the air quality section of the Municipal Depa rtment of Health and Human Services, confines its control activities to just the MOA. The MOA is also the official Metropolitan Planning Organization (MPO) for Anchorage, and has lead responsibility for the continuing, cooperative and comprehensive (3C) t ransportation planning process throughout the MOA. In Anchorage, the MOA, along with ADEC and the Alaska Department of Transportation and Public Facilities (ADOT/PF), conducts the 3C process through the Anchorage Metropolitan Area Transportation Study (AM ATS) planning group. The AMATS group has a key role in

the ongoing development of Anchorage's transportation control plan, as described in

Section III.B.

The local ordinances establishing a local air program in Anchorage are included in the appendix to S ection III.B

. To minimize duplicate efforts and maximize the use of available resources, ADEC and MOA have jointly developed a formal Memorandum of Understanding (MOU) that serves as the basis for the division of responsibilities between state and local g overnment for air pollution control within the Municipality of Anchorage

MOA's air pollution control efforts currently involve the AAPCA, the Anchorage I/M Program Administration (which is another section under the Municipal Department of

Health and Huma n Services) and the Municipality's Department of Community Planning and Development (DCPD). AAPCA had lead responsibility for developing the transportation control plan described in Section III.B, and is also responsible for conducting the remaining local air pollution control program functions (with the exception of the Anchorage I/M Program Administration) throughout the MOA. DCPD has lead responsibility within the MOA for coordinating AMATS transportation planning activities, and works closely with AAP CA on all transportation control efforts.

Fairbanks North Star Borough

The Fairbanks North Star Borough (FNSB) has operated a local air pollution control program since 1972. The FNSB became an official “small

- urbanized area” in the spring of 2002, when the Census Bureau issued its designations of urbanized areas based on the 2000 population census. With a population surpassing 50,000, Fairbanks is now required to operate as an MPO. The FNSB Department of Transportation has the responsibility for air po llution control in the borough, including the administration of the Fairbanks I/M Program. The FNSB air ordinances cover the I/M program, open burning, visible emissions from stationary sources, and emergency procedures. These ordinances, which

have under gone several minor revisions since 1983, are included in the appendix to

Section III.C .9. In 2001, the Borough Assembly approved an ordinance mandating plug

-Adopted August 5 th , 2009 II

- 5 ins in some parking lots

. This ordinance, No. 2001

- 17, is found in the Appendix to

Section III. C.5.

The Fairbanks air pollution control efforts, discussed in detail in Section III.C, concentrate on violations of the carbon monoxide ambient air quality standards. The FNSB has relied on the ADEC to control large stationary emission sources within the borough. The division of responsibilities between ADEC and the FNSB is formalized in a Memorandum of Understanding (MOU), which is reviewed on an annual basis by both parties.

The FNSB, along with ADEC, ADOT/PF and the cities of Fairbanks and North Po le, participates in MPO transportation planning through the Fairbanks Metropolitan Area Transportation Study (FMATS) planning group. The FMATS group is involved in the ongoing development of the transportation control plan for Fairbanks, as described in

S ection III.C.