Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

1 

### Final ADEC adopted rule changes
From: "Smith, Rebecca T (DEC)" <rebecca.smith@alaska.gov> To: Dave Bray/R10/USEPA/US@EPA Date: 11/08/2010 09:27 AM Subject: Air Quality Adoption Updates October Readoption Version
18 AAC 50.015(b) is amended by ad ding a new paragraph to read: (3) for PM-2.5: Fairbanks and North Pole urban area. (Eff. 1/18/97, Register 141; am 2/20/2004, Re gister 169; am 6/24/2004, Register 170; am 10/10/2004, Register 171; am ___/___/____, Register ____) Authority: AS 46.03.020 AS 46.14.010 AS 46.14.030

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 October 8, 2009 [JULY 1, 2007], are adopted by reference as they apply to a Title V source:



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18 AAC 50.040(a)(2) is amended by a dding new subparagraphs to read: (LL) Subpart DDDD (Emissions Guid elines and Compliance Times for Commercial and Industrial Solid Wast e Incineration Units That Commenced Construction on or Before November 30, 1999);Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

2 (MM) Subpart EEEE (Standards of Performance for Other Solid Waste Incineration Units for Which Construction Is Commenced After December 9, 2004, or for Which Modification or Reconstruction Is Commenced on or After June 16, 2006); 

### (NN) Subpart FFFF (Emission Guidelines and Compliance Times for
Other Solid Waste Incineration Units That Commenced Construction on or Before December 9, 2004); (OO) Subpart IIII (Standards of Pe rformance for Stationary Compression Ignition Internal Combustion Engines); (PP) Subpart JJJJ (Standards of Perf ormance for Stationary Spark Ignition Internal Combustion Engines); (QQ) Subpart KKKK (Standards of Performance for Stationary Combustion Turbines);

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, 2009 [MAY 16, 2007], are adopted by reference as they apply to a Title V source:



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The lead-in language of 18 AAC 50.040(c) is amended to read:Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

3 (c) The following provisions of 40 C.F.R. Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories), as revised as of July 30, 2010 [JULY 16, 2007], are adopted by reference as th ey apply to a Title V source:



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18 AAC 50.040(c) is amended by ad ding new paragraphs to read: (34) Subpart BBBBBB (National Emi ssion Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribu tion Bulk Terminals, Bulk Plants, and Pipeline Facilities); (35) Subpart CCCCCC (National Emi ssion Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities).

18 AAC 50.040(d) is amended to read: (d) The provisions of 40 C.F.R. Part 82, as revised as of July 1, 2009 [JULY 1, 2007], are adopted by reference to the extent that they apply to a Title V source.

18 AAC 50.040(e) is amended to read: (e) The requirements of 40 C.F.R. 52.70 - 40 C.F.R. 52.96, as revised as of July 1, 2009 [JULY 1, 2007], as they apply to a Title V sour ce and for purposes of a Title V permit, are adopted by reference.

18 AAC 50.040(f) is amended to read:Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

4 (f) The provisions of 40 C.F.R. Pa rt 51, Appendix W (Guideline on Air Quality Models), as revised as of July 1, 2009 [JULY 1, 2007], are adopted by reference.

The lead-in language of 18 AAC 50.040(g) is amended to read: (g) The following provisions of 40 C.F.R. Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants), as revised as of July 1, 2009 [JULY 1, 2007], are adopted by reference:



### . . . 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 [40 C.F.R. 52.21 (PREVE NTION OF SIGNIFICANT DETERIORATION OF AIR QUALIT Y)], as revised as of August 2, 2010 [JULY 2, 2007], are adopted by reference:



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18 AAC 50.040(h)(3) is amended to read: (3) 40 C.F.R. 52.21(a)(2) ( Applicability Procedures);

18 AAC 50.040(h) is amended by ad ding a new paragraph to read: (21) 40 C.F.R. 52.22 (Enforceable Commit ments for Further Actions Addressing the Pollutant Greenhouse Gases (GHGs)).Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

5 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, 2009 [JULY 2, 2007], text setting out provision s that a state implementation plan shall or may contain is adopt ed by reference as follows:



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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 August 2, 2010 [JULY 2, 2007], are adopted by reference, except as provided in 18 AAC 50.326:



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18 AAC 50.040(j) is amended by ad ding a new paragraph to read: (9) 40 C.F.R. 71.13 (Enforceable Commitments for Further Actions Addressing Greenhouse Gases (GHGs)). (Eff. 1/18/97, Regist er 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, Regi ster 176; am 7/25/2008, Register 187; am ___/___/____, Register ____) Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030 AS 46.14.010Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

6 18 AAC 50.055(a)(9) is amended to read: (9) more than 20 percent for any three minutes in any one hour [, EXCEPT FOR AN ADDITIONAL THREE MINUTES IN ANY ONE HOUR] for a coal burning boiler that began operation before August 17, 1971, except for an additional three minutes in any one hour if



### . . . (Eff. 1/18/97, Register 141; am 6/21/98, Regist er 146; am 11/4/99, Regi ster 152; am 5/3/2002, Register 162; am 10/1/2004, Register 171; am 7/25/2008, Register 187; am ___/___/____, Register ____) Authority: AS 46.03.020 AS 46.14.020 Sec. 30, ch. 74, SLA 1993 AS 46.14.010 AS 46.14.030

The lead-in language of 18 AAC 50.225(a) is amended to read: 18 AAC 50.225. Owner-requested limits. (a) The owner or ope rator of an existing or proposed stationary source may request an enforc eable limit on the ability to emit air pollutants to avoid all permitting obligations under AS 46.14.130 . A limitation approved under this section is an enforceable limitation for the purpose of determining



### . . . (Eff. 1/18/97, Register 141; am 6/21/98, Re gister 146; am 10/1/ 2004, Register 171; am 1/29/2005, Register 173; am 7/25/2008, Regist er 187; am ___/___/ ____, Register ____) Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

7 AS 46.14.020 AS 46.14.120

18 AAC 50.302 is amended by adding a new subsection to read: (c) If a term or condition is established in a PSD permit listed in (a)(1 ) of this section, or established in a PSD permit incor porated into a permit under (b) of this section, and is identified in the permit as solely necessary to meet a Titl e V requirement associated with an integrated review conducted under 18 AAC 50.306(c)(3), the term or condition is considered a Title V term or condition upon incorporation into a Title V permit. A subseque nt revision to the term or condition may be made solely through the app licable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff. 10/1/2004, Register 171; am ___/___/____, Register ____) Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140 AS 46.14.010 AS 46.14.120 Sec. 30, ch. 74, SLA 1993 AS 46.14.020

18 AAC 50.306(b) is repealed and readopted to read: (b) To satisfy the requirement of (a) of th is section, the owner or operator must comply with the requirements of 40 C.F.R. 52.21, adopted by reference in 18 AAC 50.040 with the following changes: (1) in 40 C.F.R. 52.21, (A) the term "administrator" means (i) "federal administrator" in 40 C.F.R. 52.21(b)(17), (b)(37),Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

8 (b)(43), (b)(48)(ii)( c ), (i)(1)(x), (l)(2), and (p)(2); and (ii) "department" elsewhere; (B) the term "national ambient air qua lity standard" means an ambient air quality standard set out in 18 AAC 50.010 for this state; (C) the term "ambient air incremen t" or "maximum allowable increase" means a maximum allowable increase se t out in Table 3 in 18 AAC 50.020(b); (2) exclusions from increment consumption apply to the maximum extent allowed under 40 C.F.R. 51.166(f), adopt ed by reference in 18 AAC 50.040; (3) in 40 C.F.R. 52.21(i)(1)(xi), each re ference to the date "July 15, 2008" is replaced with "{ effective date of these regulations }." (Eff. 10/1/2004, Register 171; am 7/25/2008, Re gister 187; 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 50.346 is amended to read: 18 AAC 50.346. Construction and operating p ermits: other permit conditions. (a) For a construction permit or Title V permit, the department will use the standard permit condition in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the re quirements of this chapter or that no comparable condition is appropriate for the stationary source or emission unit. The department's Standard Permit Condition II - Ai r Pollution Prohibited, as revised as of SeptemberRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

9 27, 2010 [AUGUST 25, 2004], is adopted by reference. (b) In a Title V permit, the department will use the standard permit conditions listed in this subsection, unless the department determines that emission unit-specific or stationary source-specific conditions more adequately meet the requirements of this chapter or that no comparable condition is appropriate for the Ti tle V source or emission unit. The following standard permit conditions prepared by the department are adopted by reference: (1) Standard Permit Condition I - Emission Fees, as revised as of September 27, 2010 [AUGUST 25, 2004]; (2) Standard Permit Condition III - Excess Emissions and Permit Deviation Reports, as revised as of September 27, 2010 [AUGUST 20, 2008]; (3) Standard Permit Condition IV - No tification Form, as revised as of September 27, 2010 [AUGUST 20, 2008]; (4) Standard Operating Permit Condition V - Insignificant Sources, as revised as of September 27, 2010 [AUGUST 25, 2004]; (5) Standard Operating Permit Cond ition VI - Good Air Pollution Control Practices, as revised as of August 25, 2004; (6) Standard Operating Permit Condition VII - Operating Reports, as revised as of September 27, 2010 [AUGUST 20, 2008]; (7) Standard Operating Permit Cond ition XIV - Document Submittals and Electronic Copies, as revised as of August 20, 2008 ; (8) Standard Operating Permit Condition XV - Emission Inventory Reporting, as revised as of September 27, 2010;Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

10 (9) Standard Operating Permit Condition XVI - Emission Inventory Reporting Form, as revise d as of September 27, 2010

. (c) Unless the department determines that emission unit-specific orstationary sourcespecific conditions more adequately meet the requ irements of this chapter, the department will use the standard operating permit conditions listed in Table 7 of this subsection for the respective emission unit or emission unit types identified in the table. The standard operating permit conditions listed in Table 7 are adopted by reference.Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

11 Table 7 Standard Operating Permit Conditions Emission Unit or Activity Sta ndard Operating Permit Condition -Gas-fired fuel burning equipment, except

flares Standard Operating Permit Condition VIII – Visible Emissions and Particulate Matter Monitoring Plan for Ga s-Fired Fuel Burning Equipment, August 25, 2004 –Stationary diesel engines –Liquid-fired stationary turbines –Other liquid-fired fuel burning equipment Standard Operating Permit Condition IX – Visible Emissions and Particulate Matter Monitoring Plan for Liquid-Fired Emission Units, September 27, 2010 [AUGUST 20, 2008]

–Coal fired boilers –Coal handling equipment –Construction of gravel pa ds or roads that are

part of a permitted stationary source, or other construction that has the potential to generate fugitive dust that reaches ambient air –Commercial, industrial, municipal solid waste, Standard Operating Permit Condition X – Reasonable Precautions to Prevent Fugitive Dust, September 27, 2010 [AUGUST 25, 2004]Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

12

air curtain, and medical waste incinerators

–Sewage sludge incinerators not using wet

methods to handle the ash

–Mines –Urea manufacturing

–Soil remediation units

–Dirt roads under the co ntrol of the operator

with frequent vehicle traffic –Other sources the department finds are likely

to generate fugitive dust –Fuel burning equipment burning liquid fuel St andard Operating Permit Condition XI – SO 2 Emissions from Oil Fired Fuel Burning Equipment, August 25, 2004 –Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII – SO 2 Material Balance Calculation, August 25, 2004

–Coal fired boilers Standard Operating Permit Condition XIII – Coal Fired Boilers, August 20, 2008Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

13 (d) Repealed 10/1/2004. (Eff. 5/3/2002, Re gister 162; am 10/1/ 2004, Register 171; am 11/9/2008, Register 188; am ___/___/____, Register ____) Authority: AS 46.03.020 AS 46.14.120 AS 46.14.180 AS 46.14.010 AS 46.14.130 AS 46.14.250 AS 46.14.020 AS 46.14.140

18 AAC 50.502(c)(1)(E) is amended to read: (E) 100 TPY of carbon monoxide within 10 kilometers of a carbon monoxide nonattainment area; or

18 AAC 50.502(c)(3)(A)(iv) is amended to read: (iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area; or

18 AAC 50.502(c)(3)(B)(iv) is amended to read: (iv) 100 TPY of carbon monoxide for a stationary source within 10 kilometers of a carbon monoxide nonattainment area.

The lead-in language of 18 AAC 50.502(e) is amended to read: (e) For the purposes of (c)(3)(B) [(c)(3)] of this section, actual emissions shall be calculated by comparing projected actual emi ssions to the baseline actual emissions. In determining the projected actual emissions, befo re beginning actual cons truction, the owner orRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

14 operator of the sta tionary source shall



### . . . (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 ___/___/____, 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

The lead-in language of 18 AAC 50.508(5) is amended to read: (5) establishing an ow ner requested limit (ORL) to avoid one or more permit classifications [AT A STATIONARY SOURCE; THE OWNER OR OPERATOR MAY AVOID A PERMIT CLASSIFICATION] under AS 46.14.130 at a stationary source that will remain subject to at least one permit classification [IF THE DEPARTMENT APPROVES AN OWNER REQUESTED LIMIT ON THE S OURCE’S ABILITY TO EMIT AIR POLLUTANTS]; a limitation approved under an ORL is an enforceable limitation for the purpose of determining



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18 AAC 50.508(6) is amended to read: (6) revising or rescinding the terms and conditions of a Title I permit issued under this chapter , except as provided under 18 AAC 50.510 . (Eff. 10/1/2004, Register 171; am 7/25/2008, Register 187; am ___/___/____, Register ____)Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

15 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 is amended by adding a new section to read: 18 AAC 50.510. Minor permit - Title V permit interface. A term or condition established in a minor permit issued under 18 AAC 50.542 and identified in the minor permit as solely necessary to meet a Title V operating permit requirement to qualify as an operating permit administrative amendment under 18 AAC 50.542(e) a nd 40 C.F.R. 71.7(d), adopted by reference in 18 AAC 50.040(j), is considered a Title V term or condition upon incorporation into a Title V permit. A subsequent revision to the term or condition may be made solely through the applicable Title V operating permit amendment or modification provisions of 18 AAC 50.326. (Eff. ___/___/____, 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

The lead-in language of 18 AAC 50. 540(c)(2) is amended to read: (2) for a permit for construction, modifi cation, or relocation of a stationary source, a demonstration in accordance with 18 AAC 50.215(b) - (e) that the proposed potential emissions from the stationary source will not inte rfere with the attainment or maintenance of the ambient air quality standards; the ambient de monstration must follow an approved modelingRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

16 protocol if the department re quests a modeling protocol for demonstrating compliance with ambient air quality standards; unless the department has made a finding in writing that the stationary source or modification does not need an ambient analysis to determine that construction and operation will not result in a viol ation of an ambient air quality standard, the application must include an ambient analysis for



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The lead-in language of 18 AAC 50.540(k) is amended to read: (k) Revising or rescinding permit conditions. An application for a minor permit revising or rescinding terms or conditions of a Title I permit under 18 AAC 50.508(6) must include



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18 AAC 50.540(k)(3) is amended to read: (3) the effect of revising or revoking the permit term or condition on (A) emissions ; (B) [,] other permit terms (C) the underlying ambient demonstr ation, if required under (c)(2) of this section; [,] and (D) compliance monitoring; and (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 12/3/2005, Register 176; am 7/25/2008, Register 187; am ___/___/____, Register ____)Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

17 Authority: AS 46.03.020 AS 46.14.120 AS 46.14.170 AS 46.14.010 AS 46.14.130 AS 46.14.180 AS 46.14.020 AS 46.14.140

18 AAC 50.542(a)(1) is amended by a dding new subparagraphs to read: (E) in the Municipality of Anchorage; (F) in the City of Fairbanks; (G) within Fort Wainwright; or (H) within Eielson Air Force Base; or (Eff. 10/1/2004, Register 171; am 12/1/2004, Register 172; am 7/25/2008, Register 187; 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 AS 46.14.200

18 AAC 50.544(a)(3) is amended to read: (3) include any condition s established under 18 AAC 50.201 , as applicable ;

18 AAC 50.544(a) is amended by ad ding new paragraphs to read: (6) include conditions as necessary to protect ambient air quality; and (7) include, as needed, conditions requi red under 40 C.F.R. Part 71, as adopted by reference in 18 AAC 50.040(j) and 18 AAC 50.326 to accommodate an owner or operatorRegister ___, _______ 2011 ENVIRONMENTAL CONSERVATION

18 request to add the conditions of a minor permit to a Title V permit by administrative amendment under 18 AAC 50.542(e).

18 AAC 50.544(h)(3) is amended to read: (3) describe each permit classification under AS 46.14.130 that the ORL allows the owner or operator to avoid [, OR EACH MAXIMUM ALLOWA BLE INCREASE UNDER 18 AAC 50.020 OR AMBIENT AIR QUAL ITY STANDARDS THAT WILL BE PROTECTED]. (Eff.10/1/2004, Register 171; am 12/1/2004, Register 172; am 1/29/2005, Register 173; am 7/25/2008, Register 187; am 11/9/2008, Regist er 188; 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 AS 46.14.250

18 AAC 50.990(101) is amended to read: (101) "stack" has the meaning [MEETING] given in AS 46.14.990;

18 AAC 50.990(121) is amended to read: (121) "volatile organic co mpound" or "VOC" has the meaning given in 40 C.F.R. 51.100(s), as revised as of July 1, 2009, [JULY 1, 2004] and adopted by reference; (Eff. 1/18/97, Register 1 41; 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;Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION

19 am 5/3/2002, Register 162; am 11/15/2002, Regi ster 164; am 8/8/2003, Register 167; am 10/1/2004, Register 171; am 12/3/2005, Regist er 176; am 12/30/2007, Register 184; am 7/25/2008, Register 187; am 4/1/2010, Regist er 193; am ___/___/____, Register ____) Authority: AS 44.46.025 AS 46.14.140 AS 46.14.250 AS 46.03.020 AS 46.14.150 AS 46.14.255 AS 46.03.710 AS 46.14.160 AS 46.14.280 AS 46.14.010 AS 46.14.170 AS 46.14.285 AS 46.14.020 AS 46.14.180 AS 46.14.290 AS 46.14.030 AS 46.14.210 AS 46.14.300 AS 46.14.120 AS 46.14.230 AS 46.14.560 AS 46.14.130 AS 46.14.240 Sec. 30, ch. 74, SLA 1993

Editor's note: The July 1, 2009 versio n of 40 C.F.R. 51.166(b)(49) contains a printing error. The correct definition for "regulated NSR pollutant" may be found in 73 Fed. Reg. 28347 (May 16, 2008).