AIR QUALITY FEES: NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF 

THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 

BRIEF DESCRIPTION 

The Alaska Department of Environmental Conservation (ADEC) is proposing changes to its air quality 

regulations to revise the air quality permit administration and compliance fees, air quality emission fees, add 

definitions, and update cross references. 

Title: 18 AAC 50 Air Permits Administration and Emission Fees 

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 permitting and emission fees. In accordance with 

AS 46.1 4.240(b) and AS 37.1 0.052(a), DEC is required to evaluate fixed permit administration fees every four years and 

provide the results of the study in a rep011under AS 37.1 O.OSO(c). In accordance with AS 46.14.250(g), DEC is required 

to evaluate emission fee rates every four years and provide the results of the study in a report. The proposed regu lation 

changes in th is notice are based on the results of the study on permit administration fees and emission fee rates conducted 

for the 2014 Fee Study Report. 

The regu lation changes are as fol lows: 

• Amend 18 AAC 50.230 to correct cross references to provisions of 18 AAC 50.400. 

• Amend 18 AAC 50.260 to correct cross references to provisions of 18 AAC 50.400. 

• Repea l and readopt 18 AAC 50.400 to revise permit administration and compliance fees in accordance with the fee 

study results and add definitions. The ana lysis of the fee study resulted in a proposed reduction of the number of 

fee categories from 66 to 24, which will red uce administrative costs and fee complexity. 

• Amend 18 AAC 50.403 to clarify negotiated settlement agreement fees. 

• Repea l18 AAC 50.405 whi ch addressed a transition process for permit fees before 2005. 

• Amend 18 AAC 50.410 to revise emission fees in accordance with the fee study results. 

• Amend 18 AAC 50.420 to revise language addressing billing procedures. 

Posting 

The above list of proposed changes to the regulations only provides a summary of their su bject matter. For a copy of the 

proposed regu lation changes and the 2014 Fee Study Report, please contact Rebecca Smith at 907-465-5121 between 8:00 

a.m. and 4:30p.m., Monday through Friday, or refer to this DEC webpage: 

http://dec.a laska. gov/ Appl ications/ Airla irtoolsweb/ A irPermitsApprovalsAndPubl icNotices/ or 

http://dec.a laska. gov/a ir/ap/regulati.htm. The proposed regulations are intended to meet the requirements of Section I I 0 

(Title 42 U.S.C. Chapter 85 §74 1 0) of the Clean Air Act and, once adopted, will be submitted to the U.S. Environmental 

Protection Agency for approva l and eventual inc lusion in Alaska's State Air Quality Control Plan. 

Questions 

You may submit written questions relevant to the proposed action to DEC using the e lectronic question form at 

http://decjnuwebt/ Air/ap/feesFY 14QuestionsAndAnswers.htm or by electronic mail to dec.aq.a irdocket@alaska.gov or by 

sending the questions to Rebecca Smith, Division of Air Quality, DEC, 410 Willoughby Avenue, Suite 303, P.O. Box 

111800, Juneau, Alaska 99811-1800. The written questions must be received at least I 0 days before the end of the public 

comment period; question deadline is June 19, 2015, and comment deadline is June 30, 2015. The department will 

aggregate its response to substantially similar questions and make the questions and response available on 

http://decjnuwebt/ Airlap/feesFY 140uestionsAndAnswers.htm. The department may, but is not required to, answer 

written questions received after the June 19, 2015, deadline for submitting questions. 
Comments 

You may comment on the proposed regu lation changes, including the potential costs to private persons of complying and 

a lternative practical methods of comply ing 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; through the Air Quality Division's 

e lectronic comment submission web page at https://dec.alaska.gov/ Applications/ Air/aittoolsweb/FormalComments; by email to the Air Quality Comments Docket at dec.aq.airdocket@alaska.gov, or by facsimile at (907) 465-5129. Comments 

must be received by 5:00 p.m. on June 30, 2015. Comments received after this date and time will not be considered in 

final action on these rules and the air quality plan. 

Hearings 

DEC has tentatively scheduled a public hearing for these proposed regulations, on June 24, 2015, from 12:00 p.m. to 1:30 

p.m. at the Department of Environmenta l Conservation Building, 619 E. Ship Creek Ave., Ste. 249, Conference Room A, 

Anchorage, AK 9950 I. 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 Friday, June 19, 2015. You may request a public hearing by calling Rebecca Smith at 907-465-5121 between 

9:00a.m. and 5:00p.m., Monday through Friday or bye-mailing a request to rebecca.smith@alaska.gov. If no request for 

a public hearing is received, the public hearing will be cancelled. DEC will announce the cancellation of the public 

hearing by publishing a public notice, by 5:00 p.m. on June 22, 2015, on these websites: 

http://dec.alaska.gov/a ir/ap/regulati .htm and http://dec.alaska.gov/commish/public notices.htm. Oral or written comments 

may be submitted at the hearing, if a public hearing is conducted. If the public hearing occurs, there will be a call-in 

number if you are not able to attend the meeting in person. The call-in number will be l-800-315-6338, and the Meet Me 

Code will be 8123#. If held, the hearing may be extended if necessary to accommodate those present before 1:00 p.m. 

who did not have an oppottunity to comment. 

If you are a person with a disability who may need a special accommodation in order to participate in this public process, 

please contact Natalie Wolfe at (907) 269-029 1 or TDD Relay Service 1-800-770-8973/TTY or dial 7 11 seven days prior 

to any open house or a public hearing to ensure that any necessary accommodations can be provided. 

After the public comment period ends on June 30, 2015, DEC will either adopt these or other provisions dealing with the 

same subj ect, without fmther notice, or decide to take no action on them. The language of the final regulations may be 

different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF 

YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subj ect to public 

inspection. 

Statutory Authority: AS 37. 1 0.050, AS 37.10.052, AS 37.10.058, AS 44.46.025, AS 46.03.020, AS 46.14.140, AS 

46.14.240, AS 46.14.250, AS 46.14.255 

Statutes Being Implemented, Interpreted, or Made Specific: AS 46.14.01 0, AS 46.14.020, AS 46. 14.030, AS 

46.14.1 20, AS 46.14.140, AS 46.14. 240, AS 46.14.250, AS 46. 14.255 

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. 

Dated: May 2 1, 2015 

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