DEPARTMENT OF ENVIRONMENTAL 

CONSERVATION

Standard Permit Condition III – Excess Emissions and 

Permit Deviation Reports

Permit Condition for Air Quality Permits

Adopted by Reference in 18 AAC 50.346

August 25, 2004

Revised September 27, 2010
Standard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004

Revised September 27, 2010 2

Standard Permit Condition III – Excess Emissions and Permit 

Deviation Reports

Stationary Source Categories This Condition applies to: All stationary source types.

The department will use standard permit condition III in each construction or operating 

permit unless the department determines that emission unit or stationary source specific 

conditions more adequately meet the requirements of 18 AAC 50.

Permit Wording:

1. Excess Emissions and Permit Deviation Reports.

1.1 Except as provided in condition <insert standard condition concerning air 

pollution prohibited number>, the permittee shall report all emissions or 

operations that exceed or deviate from the requirements of this permit as 

follows:

a. in accordance with 18 AAC 50.240(c), as soon as possible after the 

event commences or is discovered, report

(i) emissions that present a potential threat to human health or safety; 

and

(ii) excess emissions that the permittee believes to be unavoidable;

b. in accordance with 18 AAC 50.235(a), within two working days after 

the event commenced or was discovered, report an unavoidable 

emergency, malfunction, or nonroutine repair that causes emissions in 

excess of a technology based emission standard;

c. report all other excess emissions and permit deviations

(i) within 30 days after the end of the month during which the 

emissions or deviation occurred, except as provided in condition 

III.1.1c([iii]); or

(ii) if a continuous or recurring excess emissions is not corrected 

within 48 hours of discovery, within 72 hours of discovery unless 

the department provides written permission to report under 

condition III.1.1c(i); and

(iii) for failure to monitor, as required in other applicable conditions of 

this permit <such as SPC IX5.2.b and SPC IX11.1.b>.
Standard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004

Revised September 27, 2010 3

1.2 When reporting either excess emissions or permit deviations, the permittee 

shall [MUST] report using either the department’s on-line form, which can 

be found at http://www.dec.state.ak.us/air/ap/site.htm or 

https://myalaska.state.ak.us/dec/air/airtoolsweb/, or, if the permittee prefers, 

the form contained in condition <insert standard permit condition concerning 

notification form number> of this permit. The permittee must provide all 

information called for by the form that is used.

1.3 If requested by the department, the permittee shall provide a more detailed 

written report as requested to follow up on an excess emissions report.

The following applies to this standard permit condition:

1. The permit will include condition III.1.1c(iii) only if the permit also contains 

another condition which has an emission unit specific schedule for reporting the 

failure to monitor emissions.

2. Construction permits will not include the phrase “and permit deviations” in 

condition III.1.1c, but where necessary will use stationary source specific 

conditions for reporting failure to test or monitor.
Standard Permit Condition III – Excess Emissions and Permit Deviation Reports August 25, 2004

Revised September 27, 2010 4

STATEMENT OF BASIS FOR THE PERMIT CONDITIONS

The state and federal regulations for each Condition are cited in Operating Permit 

No. <Insert Operating Permit Number>.

Condition <insert condition reference>, Excess Emission and Permit Deviation 

Reports

Applicability: Applies when the emissions or operations deviate from the 

requirements of the permit.

Factual Basis: This condition satisfies two state regulations related to excess 

emissions - the technology-based emission standard regulation and the excess 

emission regulation. Although there are some differences between the regulations, 

the condition satisfies the requirements of each regulation.

The Department adopted this condition as Standard Permit Condition III under 18 

AAC 50.346(c) pursuant to AS 46.14.010(e). The Department has determined that 

the standard condition adequately meets the requirements of 40 C.F.R. 71.6(a)(3). No 

additional emission unit or stationary source operational or compliance factors 

indicate the unit-specific or stationary-source-specific conditions would better meet 

the requirements. Therefore, the Department concludes that the standard conditions 

as modified meets the requirements of 40 C.F.R. 71.6(a)(3).