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• 18 AAC 50.015(b)(2)(A) will be repealed and 18 AAC 50.015(e) will be 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

Quality 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.govmailto:scott.sloane@alaska.gov; through the 

Air Quality Division's electronic comment submission web page at
S 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.govmailto: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