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 5th, 2009
(This page serves as a placeholder for two-sided copying)
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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 that 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 local 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 addition, 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 establishing 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 of air pollution and is divided into three programs: Air Permits Program; Air NonPoint & Mobile Source Program; and Monitoring & Quality Assurance Program.

The Air Permits Program issues both construction and operating permits from offices in 

Anchorage and Juneau. The Air Permits Program also focuses on compliance assurance 

with an enforcement program located in Fairbanks, and a regulation development team 

located in Juneau. 

The Air Non-Point & Mobile Source Program consists of two sections: mobile sources

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 and 
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Maintenance (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 plan (SIP), and air quality regulations such as I/M and conformity 

regulations. 

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

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

concentrations 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 appendix

to Section II). In 1972, the State of Alaska Department 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 Quality 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 created 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 quality 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 (PM10);

• set an upper boundary for any increases 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 facilities in Anchorage and Fairbanks;

• established a new air episode category called "air quality advisory"; and
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• restricted wood stove operation during an air quality advisory and an air 

emergency.

The 1991 package also included amendments to reduce PM10 levels 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 definition 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 amended 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 to 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 July 1, 2001. After 2001, 

some minor changes were made to 18 AAC 52 to add flexibility for 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 5th, 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 required the sale of oxygenated 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 

amended 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 use 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 copy of 

18 AAC 53, as amended through February 20, 2004, is contained in Volume III in the 

appendix to III.A. 
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Municipality of Anchorage

The Southcentral Clean Air Authority (SCAA) includes the MOA and the MatanuskaSusitna Borough (Mat-Su Borough). As a means 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 Department 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) transportation 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 (AMATS) 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 Section 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 government 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 Human 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 AAPCA 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 pollution 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 undergone 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-
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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 Pole, 

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 

Section III.C.