Register ___, _______ 2011 ENVIRONMENTAL CONSERVATION 

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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 adding 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, Register 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: 

. . .

18 AAC 50.040(a)(2) is amended by adding new subparagraphs to read: 

(LL) Subpart DDDD (Emissions Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste Incineration Units That Commenced 

Construction on or Before November 30, 1999); 
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(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 Performance for Stationary Compression 

Ignition Internal Combustion Engines); 

(PP) Subpart JJJJ (Standards of Performance 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: 

. . .

The lead-in language of 18 AAC 50.040(c) is amended to read: 
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(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 they apply to a Title V source: 

. . .

18 AAC 50.040(c) is amended by adding new paragraphs to read: 

(34) Subpart BBBBBB (National Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline 

Facilities); 

(35) Subpart CCCCCC (National Emission 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 source and for purposes of a Title V permit, are 

adopted by reference. 

18 AAC 50.040(f) is amended to read: 
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(f) The provisions of 40 C.F.R. Part 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 (PREVENTION OF SIGNIFICANT 

DETERIORATION OF AIR QUALITY)], as revised as of August 2, 2010 [JULY 2, 2007], are 

adopted by reference: 

. . .

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 adding a new paragraph to read: 

(21) 40 C.F.R. 52.22 (Enforceable Commitments for Further Actions Addressing 

the Pollutant Greenhouse Gases (GHGs)). 
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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 provisions that a state implementation plan 

shall or may contain is adopted by reference as follows: 

. . .

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: 

. . .

18 AAC 50.040(j) is amended by adding 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, 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 

___/___/____, Register ____) 

Authority: AS 46.03.020 AS 46.14.020 AS 46.14.030 

 AS 46.14.010 
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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, Register 146; am 11/4/99, Register 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 operator of an existing or 

proposed stationary source may request an enforceable 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, Register 146; am 10/1/2004, Register 171; am 

1/29/2005, Register 173; am 7/25/2008, Register 187; am ___/___/____, Register ____) 

Authority: AS 46.03.020 AS 46.14.030 AS 46.14.140 
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 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 incorporated into a permit under (b) of this section, and is identified 

in the permit as solely necessary to meet a Title 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 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. 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 this 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), 
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(b)(43), (b)(48)(ii)(c), (i)(1)(x), (l)(2), and (p)(2); and 

(ii) "department" elsewhere; 

(B) the term "national ambient air quality standard" means an ambient air 

quality standard set out in 18 AAC 50.010 for this state; 

(C) the term "ambient air increment" or "maximum allowable increase" 

means a maximum allowable increase set 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), adopted by reference in 18 AAC 50.040; 

(3) in 40 C.F.R. 52.21(i)(1)(xi), each reference to the date "July 15, 2008" is 

replaced with "{effective date of these regulations}." 

(Eff. 10/1/2004, Register 171; 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 

18 AAC 50.346 is amended to read: 

18 AAC 50.346. Construction and operating permits: 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 requirements of this chapter or 

that no comparable condition is appropriate for the stationary source or emission unit. The 

department's Standard Permit Condition II - Air Pollution Prohibited, as revised as of September 
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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 Title 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 - Notification 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 Condition 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 Condition 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;
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(9) Standard Operating Permit Condition XVI - Emission Inventory 

Reporting Form, as revised as of September 27, 2010. 

(c) Unless the department determines that emission unit-specific or stationary sourcespecific conditions more adequately meet the requirements 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. 
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Table 7 

Standard Operating Permit Conditions 

Emission Unit or Activity Standard Operating Permit Condition 

-Gas-fired fuel burning equipment, except 

flares 

Standard Operating Permit Condition VIII – 

Visible Emissions and Particulate Matter 

Monitoring Plan for Gas-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 pads 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] 
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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 control of the operator 

with frequent vehicle traffic 

–Other sources the department finds are likely 

to generate fugitive dust 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XI – SO2

Emissions from Oil Fired Fuel Burning 

Equipment, August 25, 2004 

–Fuel burning equipment burning liquid fuel Standard Operating Permit Condition XII – 

SO2 Material Balance Calculation, August 25, 

2004 

–Coal fired boilers Standard Operating Permit Condition XIII – 

Coal Fired Boilers, August 20, 2008 
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(d) Repealed 10/1/2004. (Eff. 5/3/2002, Register 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 emissions to the baseline actual emissions. In 

determining the projected actual emissions, before beginning actual construction, the owner or 
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operator of the stationary 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 owner 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 SOURCE’S ABILITY TO EMIT AIR 

POLLUTANTS]; a limitation approved under an ORL is an enforceable limitation for the 

purpose of determining 

. . .

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 ____) 
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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) and 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, modification, 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 interfere with the attainment or maintenance of the 

ambient air quality standards; the ambient demonstration must follow an approved modeling 
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protocol if the department requests 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 violation of an ambient air quality standard, the 

application must include an ambient analysis for 

. . .

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 

. . .

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 demonstration, 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 ____) 
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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 adding 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 conditions established under 18 AAC 50.201, as applicable; 

18 AAC 50.544(a) is amended by adding new paragraphs to read: 

(6) include conditions as necessary to protect ambient air quality; and 

(7) include, as needed, conditions required 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 operator 
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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 ALLOWABLE INCREASE UNDER 

18 AAC 50.020 OR AMBIENT AIR QUALITY 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, Register 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 compound" 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 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; 
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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 ___/___/____, 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 version 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).