## 270259 0000951991 $ 1,489.04 

# AFFIDAVIT OF PUBLICATION

STATE OF ALASKA
THIRD JUDICIAL DISTRICT

Joleesa Stepetin being first duly sworn on oath deposes and says that he is a representative of the Anchorage Daily News, a daily newspaper. That said newspaper has been approved by the Third Judicial Court, Anchorage, Alaska, and it now and has been published in the English language continually as a daily newspaper in Anchorage, Alaska, and it is now and during all said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the annexed is a copy of an advertisement as it was published in regular issues (and not in supplemental form) of said newspaper on

March 19, 2014, March 20, 2014

and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is not in excess of the rate charged private individuals.

Signed

S u b s c r ib e d a n d s w o rn to b e f o r e m e th is 2 0 th d a y o f M a rc h , 2 0 1 4

B r itn e y T h o m p s o n

N o ta ry P u b lic in a n d fo r
T h e S ta t e o f A la s k a .
T h ird D iv is io n A n c h o r a g e , A la s k a
M Y C O M M IS S IO N E X P IR E S

0 5 / 1 8 / 1 5 NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

BRIEF DESCRIPTION The Department of Environmental Conservation (DEC) proposes changes to its air quality regulations, to adopt current U.S. Environmental Protection Agency (EPA) air quality regulations used in air quality control permits and EPA and Federal Highway Administration regulations needed to ensure that transportation projects funded by federal agencies protect air quality and conform to local air quality plans. The Department of Environmental Conservation (DEC) proposes to adopt regulation changes in Title 18, Chapter 50 of the Alaska Administrative code, dealing with air quality, the state air quality plan, air quality standards specific to the Mendenhall Valley area of Juneau, and conformity of federally funded transportation projects with air quality requirements and local air quality plans, including the following:
• 18 AAC 50.010(1)(A) will be amended to include a cross-reference to an adopted test method. • 18 AAC 50.015(b)(2)(A) will be repealed and 18 AAC 50.015(e) will be amended to re-designate the Mendenhall Valley Area of Juneau from “nonattainment" for coarse particulate m atter (PM-10) to “attainment. These amendments reflect the fact that this area now meets the federal requirements for coarse particulates (PM10).

• 18 AAC 50.020 will be amended to establish the minor source baseline date for fine particulate m atter (PM-2.5) in the Northern Alaska Intrastate Air Quality Control Region. • 18 AAC 50.030 will be amended to adopt revisions to the State Air Q uality Control Plan to address changes in federal regulations regarding the fol owing topics: Conformity (Transportation and General), Clean Air Act section 110 Infrastructure Certification (updated National Ambient Air Quality standards (NAAQS) for nitrogen dioxide (N02) and sulfur dioxide (SO2)), and incorporating additional Appendix documents, including new regulations, and other documents that further support previously adopted plan revisions (Regional Haze Plan and Fairbanks Carbon Monoxide Limited Maintenance Plan).
• 18 AAC 50.035 and 18 AAC 50.215 will be amended to specify which quality assurance handbooks should be used when collecting meteorological data. • 18 AAC 50.035 will be amended to reflect changes in Title 40 of the Code of Federal Regulations (C.F.R.), Parts 50 (national primary and secondary ambient air quality standards), 58 (ambient air quality surveillance), 60 (standards of performance for new stationary sources), and 63 (national emission standards for hazardous air pollutants for source categories) and to adopt appendices of 40 C.F.R. Parts 58, 60, and 63 for use in monitoring and reference method testing actions. • 18 AAC 50.040 will be amended to update the adoption by reference revision dates of 40 C.F.R, parts to adopt the most recent applicable requirements for operating permits.

• 18 AAC 50.040 will be amended to remove sections that are not required for states to adopt and to reflect the adoption of the definition for "regulated NSR pollutant" in 40 C.F.R. 51.165(A)(1)(xxxvii).
• 18 AAC 50.215(d) will be amended to revise language applicable to modeling demonstrations.
• 18 AAC 50.220(c)(1)(E) and 18 a a c 50.220(c)(2) will be amended to revise cross references to adopted-by-reference test methods in 18 AAC 50.035.
• 18 AAC 50.700 - 18 AAC 50.740 (Article 7) will be amended to conform with the requirements of the federal 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Public Law 109-59). SAFETEA-LU eliminates the requirement for states to adopt and submit General Conformity State Implementation Plans.
• 18 AAC 50.990 (definitions) will be amended to add, clarify and modify definitions relevant to the overall proposal.
You may comment on the proposed regulation changes, including the potential costs to private persons of complying and alternative practical methods of complying with the proposed changes, by submitting written comments to: Rebecca Smith, Division of Air Quality, Department of Environmental Conservation, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska 99811-1800; by e-mail to rebecca.smith@alaska.gov mailto:scott.sloane@alaska.gov ; through the Air Quality Division's electronic comment submission web page atS u b s c r ib e d a n d s w o r n t o b e f o r e m e t h is 2 0 t h d a y o f M a r c h , 2 0 1 4


## B r i t n e y T h o m p s o n

N o t a r y P u b lic in a n d f o r
T h e S t a t e o f A la s k a ,
T h ir d D iv is io n A n c h o r a g e , A la s k a

M Y C O M M I S S I O N E X P I R E S

0 5 / 1 8 / 1 5 revision d ates of 40 C.F.R. parts to adopt th e m ost recent applicable requirem ents for operating perm its.

• 18 AAC 50.040 will be am ended to rem ove sections th a t are not required for sta te s to adopt, and to reflect th e adoption of the definition for "regulated NSR pollutant" in 40 C.F.R. 5l.165(A)(l)(xxxvii).

• 18 AAC 50.215(d) will be am ended to revise language applicable to modeling dem onstrations.

• 18 AAC 50.220(c)(1)(E) and 18 a a c 50.220(c)(2) will be am ended to revise cross references to adopted-by-reference te s t m ethods in 18 AAC 50.035.

• 18 AAC 50.700 - 18 AAC 50.740 (Article 7) will be am ended to conform w ith th e requirem ents of th e federal 2005 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Public Law 109-59). SAFETEA-LU elim inates the requirem ent for sta te s to adopt and subm it General Conformity S tate Im plem entation Plans.

• 18 AAC 50.990 (definitions) will be am ended to add, clarify and modify definitions relevant to th e overall proposal.

You may com m ent on th e proposed regulation changes, including the potential costs to private persons of complying and alternative practical m ethods of complying with th e proposed changes, by subm itting w ritten com m ents to: Rebecca Smith, Division of Air Quality, D epartm ent of Environmental Conservation, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska 99811-1800; by e-mail to rebecca.sm ith@ alaska.gov mailto:scott.sloane@ alaska.gov ; through the Air Quality Division's electronic com m ent subm ission w eb page at https://dec.alaska.gov/A pplications/A ir/airtoolsw eb/Form alC om m ents ; by e-mail to th e Air Quality Com m ents Docket at dec.aq.airdocket@ alaska.gov , or by facsimile a t (907) 465-5129. C om m ents m ust be received by 5:00 p.m . on April 2 2 , 2014. Com m ents received after this d ate and tim e will not be considered in final action on th ese rules.

DEC has tentatively scheduled a public hearing for th ese proposed regulations, on April 18, 2014, from 12:00 p.m. to 1:30 p.m. a t the D epartm ent of Environmental Conservation Building, 619 E. Ship Creek Ave., Ste. 249, Conference Room A, Anchorage, AK 99501. The public hearing will be held only if a request to hold a public hearing is received by DEC by 5:00 p.m. on April 15, 2014. You m ay request a public hearing by calling Rebecca Smith a t 9 0 7 -4 6 5 -5121 b etw een 9:00 a.m. and 5:00 p.m ., Monday through Friday or by e-mailing a request to rebecca.sm ith@ alaska.gov . If no req u est for a public hearing is received, th e public hearing will be cancelled. DEC will announce th e cancellation of th e public hearing by publishing a public notice, by 5:00 p.m. on April 16, 2014, on this w ebsite: http://dec.alaska.gov/com m ish/public_notices.htm . Oral or written com m ents may be subm itted a t th e hearing, if a public hearing is conducted. If th e public hearing occurs, th ere will be a call-in num ber if you are not able to attend the m eeting in person. The call-in num ber will be 1-800-315-6338, and th e M eet Me Code will be 8123#. If held, th e hearing may be extended if necessary to accom m odate those p resent before 1:00 p.m. w ho did not have an opportunity to com m ent.
If you are a person with a disability w ho m ay need a special accom m odation in order to participate in this public process, please contact Deborah Pock at (907) 269-0 291 or TDD Relay Service 1-800- 770-8973/TTY or dial 711 by April 16, 2014, to en sure th at any necessary accom m odations can be provided.
For a copy of the proposed regulation changes please call Rebecca Smith a t 907-465-5121 betw een 9:00 a.m. and 5:00 p.m., Monday through Friday, or refer to this DEC w ebpage: http://dec.alaska.gov/A pplications/Air/airtoolsweb/AirPerm itsApprovals AndPublicNotices/ or http://dec.alaska.gov/air/ap/regulati.htm . The proposed regulations are intended to m eet th e requirem ents of Section 110 (Title 42 U.S.C. C hapter 85 §7410) of th e Clean Air Act and, once adopted, will be subm itted to the U.S. Environmental Protection Agency for approval and eventual inclusion in Alaska's S tate Air Q uality Control Plan.
After th e public com m ent period ends on April 2 2 , 2014, DEC will either ado p t th e se or oth er provisions dealing w ith th e sam e subject, w ithout further notice, or decide to take no action on them . The language of th e final regulations may be different from th at of th e proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. W ritten com m ents received are public records and are subject to public inspection.
Statutory Authority: AS 44.46.025, AS 46.03.010, AS 46.03.020, AS 46.03.710, AS 46.14.010, AS 46.14.020, AS 46.14.030, AS 46.14.120, AS 46.14.130, AS 46.14.140, AS 46.14.150, AS 46.14.160, AS 46.14.170, AS 46.14.180, AS 46.14.210, AS 46.14.230, AS 46.14.240, AS 46.14.250, AS 46.14.255, AS 46.14.280, AS 46.14.285, AS 46.14.290, AS 46.14.300, AS 46.14.400, AS 46.14.560 Statutes Being Im plem ented, Interpreted, o r Made Specific: AS 46.14.010, A S 46.14.020, AS 46.14.030, AS 46.14.120, AS 46.14.140, AS 46.14.400 Fiscal Inform ation: The proposed regulation changes are not expected to require an increased appropriation.

Dated: March 17,2014 /s/ Larry Hartig, DEC Commissioner

32-5025-14 Published: March 19 & 20, 2014