## Department of Environmental

Conservation

OFFICE OF THE COMMISSIONER

Post Office Box 111800 410 Willoughby Avenue, Suite 303
Juneau, Alaska 99811-1800

Main: 907.465.5066

Fax: 907.465.5070 April 22, 2013

Mr. Dennis McLerran U.S. EPA Region 10 Regional Administrator’s Office, RA-140 1200 Sixth Avenue, Suite 900 Seattle, WA 98101

Dear Mr. McLerran:

This letter provides for your approval amendments to Alaska’s State Air Quality Control Plan or State Implementation Plan (SIP), adopted by reference into the Alaska Administrative Code (AAC) at 18 AAC 50.030, with an effective date of May 8, 2013. Th e Alaska Department of Environmental Conservation (ADEC) is submitting the enclosed SIP revisions to sa tisfy the requirements of s ection 175A(b) of the Clean Air Act. These revisions are second 10-year Limited Main tenance Plans (LMPs) for the Anchorage and Fairbanks carbon monoxide (CO) maintenance areas. The SIP submittal updates the Anchorage and Fairbanks Carbon Monoxide (CO) Limited Maintenance Plans (LMPs). AD EC requests that EPA approve the revised and new sections of the State Air Quality Control Plan and additions to the appendices included in this submittal, as

listed below.

 Volume II: Analysis of Problems, Control Actions

o Section III.B Anchorage Transportation Control Program

 Revised Sections:

o III.B.4 Carbon Monoxide Monitoring Program,

o III.B.10 Air Quality Conformity Procedures

 New Section:

o III.B.12 Limited Maintenance Plan for 2014-2024

o Section III.C Fairbanks Transportation Control Program

 Revised Sections:

o III.C.3 Air Quality Emissions Data

o III.C.4 Carbon Monoxide Network Monitoring Program

o III.C.6 Modeling and Projections

o III.C.10 Air Quality Conformity Procedures

 New Section

o III.C.12 Limited Maintenance Plan for 2014-2024

 Volume III, Appendices to Volume II is amended as follows:

o Volume II, Section II. Air Quality Control Program is amended as follows:

 18 AAC 50 Air Quality Control as amended through January 4, 2013, is removed and replaced with 18 AAC 50 Air Quality Control as amended through May 8, 2013; section toDennis McLerran 2 April 22, 2013

be reviewed and approved is the lead-in lang uage of 18 AAC 50.030 with the adoption date of Volumes II and III of the State Air quality Cont rol Plan as amended through February 22,

2013.

o Volume II, Section III.B Anchorage Transportation Control Program

 Appendix III.B.1 is amended by adding the following document:

o Addition of Anchorage Assembly Resolution No. 2013-20, dated January 29, 2013, a resolution of the Municipality of Anchor age adopting revisions to the Anchorage Carbon Monoxide Maintenance Plan (dated January 29, 2013)

 Appendix III.B.10 is amended by adding the following document:

o ADEC Affidavit of Oral Hearing

o Volume II, Section III.C Fairbanks Transportation Control Program

 Appendix III.C.1 is amended by adding the following document:

o Fairbanks North Star Borough Assembly Resolution No. 2013-05, dated January 10, 2013, a resolution of the Fairbanks North Star Borough adopting revisions to the Fairbanks Carbon Monoxide Maintenance Plan (dated January 10, 2013)

 Appendix III.C.10 is amended by adding the following document:

o ADEC Affidavit of Oral Hearing

ADEC requests that EPA not review or approve the following parts of Volumes II and III which have been previously approved:

 Volume II: Analysis of Problems, Control Actions

o Section III.B Anchorage Transportation Control Program

 III.B.1 – III.B-3; III.B.5 – III.B.9; III.B.11

o Section III.C Fairbanks Transportation Control Program

 III.C.1 – III.C.2; III.C.5; III.C.7 – III.C.9; III.C.11

 Volume III: Appendices to Volume II

o Appendix III.B.2 – Appendix III.B.9; Appendix III.B.11

o Appendix III.C.2 – Appendix III.C.9; Appendix III.C.11

The following supporting documents are also being provided:

1. Lt. Governor’s certified Filing Certificate for Perm anent Regulations along with appropriate delegations, including Signed Adoption Order, with an effective date of regulation May 8, 2013;

2. Notice of Public Comment Period, signed January 11, 2013;

3. (2) Affidavits of Publication for the Public Notice;

4. Affidavit of Agency Record of Public Comment, signed February 22, 2013;

5. (2) Affidavits of Oral Hearin g, signed February 13, 2013;

6. Affidavit of Notice of Proposed Adoption of Regula tions and Furnishing of Additional Information, signed February 22, 2013;

7. Public Review Draft of 18 AAC 50 regulations which shows the changes made to the regulations, with bold lettering as new language and bracketed language as old language, dated January 11, 2013; and

8. A copy of the tracked regulation amendments prepared by the Department of La w for transmittal to the Lt. Governor for certification and filing, dated March 22, 2013.

We are providing one paper copy and one electronic versi on of the documents (note th at the electronic version is an exact duplicate of the paper copy).Dennis McLerran 2 April 22, 2013

Mr. Scott Sloane is available to your staff to respond to questions or to otherwise assist. He can be phoned at (907) 465-5176. As always, I would be pleased to discuss any of this with you.

Sincerely,

Larry Hartig

Commissioner

Enclosures

cc: Kate Kelly, EPA Region 10 (w/o enclosures) Keith Rose, EPA Region 10 (w/ enclosures) Alice Edwards, Director, Division of Air Quality, ADEC (w/o enclosures) Cynthia Heil, Program Manager, ANPMS Program, ADEC (w/o enclosures)

### 40 C.F.R. Part 51 Appendix V 2.1. (b)

Evidence State Has Formally Adopted Plan or Revision :

Adoption Order of Commissioner Larry Hartig signed by Larry Hartig,

Commissioner on February 22, 2013 , with Filing Certification of Lt. Governor

Mead Treadw ell signed by Lt. Governor Mead Treadwell on April 8, 2013

.

Draft copy of changes to r egulations with changes indicated by bold,

underlined text.

Permanent Filing of Regulation Memo of Lt. Governor Mead Treadwell dated April 9, 2013

.

Readoption draft o f 18 AAC 50 Air Quality Control Regulations, as adopted

on February 22, 2013

.

Adoption draft of 18 AAC 50 Air Quality Control Regulations , As amended through February 22, 2013 ( with hand written register number in header and

hand written notes from the De partment of Law )

.

# JU2012200967

ORDER ADOPTING CHANGES TO

REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

The attached two pages of regulations, dealing with the Anchorage and Fairbanks carbon

monoxide limited maintenance plans is hereby adopted and certified to be a correct copy of the regulation changes that the Department of Environmental Conservation adopts under the authority of AS 46.03 and AS 46.14 and after compliance with the Administrative Procedure Act (AS 44.62), specifically including notice under AS 44.62.190 and 44.62.200 and opportunity for public comment under AS 44.62.210.

This action is not expected to require an increased appropriation.

In considering public comments, the Department of Environmental Conservation paid special

attention to the cost to private persons of the regulatory action being taken. The Department of

Environmental Conservation also gave special attention to alternate practical methods in this regulatory action, as required by AS 46.03.024.

The regulation changes adopted under this order take effect on the 30th day after they have been

filed by the lieutenant governor as provided in AS 44.62.180.

DATE: February 22,2013 Anchorage, Alaska

Larry rtig, Commiss' ner Department of Environmental Conservation

FILING CERTIFICATION

I, Mead Treadwell, Lieutenant Governor for the State of Alaska, certify that on 

# 4p.:.t

"1) ,2013, at 

# tt'trpm., I filed the attached regulations according to the provisions

of AS 44.62.040

- 44.62.120.

Effective:

Register: 

# Mo.) <6, ;20 {,1.



# 20m r 

## Ji

.. 

## J 

# 7 ;J.Q(j Mead Treadwell, Lieutenant Governor1 

## DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

ALASKA ADMINISTRATIVE CODE

TITLE 18

- DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 50. Air Quality Control

Section 50.030 State air quality plan.

Public Review Draft

January 11 , 201 3

Sean Parnell

, Governor

Larry Hartig

, Commissioner2 This page was intentionally left blank for two

- sided copying.1 Register ___, ________ 201 3 ENVIRONMENTAL CONSERVATION

T he lead

- in language of 18 AAC 50.030 is amended to read:

18 AAC 50.030. State air quality plan. Volumes II and III of the State Air Quality

Control Plan for implementing and enforcing the pr ovisions of AS 46.14 and this chapter, as

amended through { adoption date of the regulations } [ MAY 29, 201 2 ] , are adopted by reference.

The plan includes the following documents which are also adopted by reference :

(1) the department's Alaska Air Quality Small Business Assistance Program

,

April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended

by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008

-

28, sec. 2;

(3) except as provided in 1 8 AAC 50.090(b), the department's Air Quality

Compliance Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and

Loading Racks , as amended through December 10, 1992;

(4) the department's Quality Assurance Project Plan for the State of Alaska Air

Monitoring & Quality Assurance Program , as amended through February 23, 2010;

(5) Repealed 6/21/98.

(6) Protocol for Determining the Best Performing Model , EPA

- 454/R

- 92

- 025,

December 1992;

(7) repealed 9/17/2011;

(8) Source Test Report Outline , as amended through November 1984;

(9) the department’s Performance Audits for COMS , revised as of August 20,

2008;2 (10) the department’s Minor Permit Application Forms , dated August 30, 2004.

(Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000,

Register 152; am 12/30/2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register

161; am 3/27/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am

6/24/2004, Register 170; am 10/1/ 2004, Register 171; am 12/14/2006, Register 180; am

12/30/2007, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187; am

11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010,

Register 193; am 10/29/201 0, Register 196; am 4/13/2011, Register 198; am 9/17/2011, Register

199; am 8/1/2012, Register 203; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140

Editor's note : The State Air Quality Control Plan and the other documents adopted by

reference in 18 AAC 50.030 may be reviewed at the department's Anchorage, Fairbanks, or

Juneau office and are on file with the Office of the Lieutenant Governor.Mead TreadweH

Lieutenant Governor

State Capitol
Juneau, Alaska 99811

907.465.3520 465.5400 Fax

WWW.LTOOV.ALASKA.OOV 530 West i h Ave, Suite 1700 Anchorage, Alaska 99501

907.269.7460 269.0263

LT.GOVERNOR@ALASKA.GOV

TO:

FROM:

DATE:

RE: OFFICE OF THE LIEUTENANT GOVERNOR

ALASKA

MEMORANDUM

Gary Mendivil, AAC Contact Department of Environmental Conservation

Scott Meriwether**~** Special

### Assistan~~----~" 907.465.3509

### ~

April 9, 2013

Filed Permanent Regulations: Department of Environmental Conservation

Regulations re: update to State Air Quality Control Plan and carbon monoxide limited

maintenance plans: 18 AAC 50.030

Attorney General File: JU2012200967

Regulation Filed: 4/8/2013

Effective Date: 5/8/2013

Print: 206, july 2013

cc with enclosures: Linda Miller, Department of Law

Christa Von Bergen, Administrative Regulation Review Committee j udyHerndon, LexisN exis

## DEPARTMENT OF

ENVIRONMENTAL CONSERVATION

ALASKA ADMINISTRATIVE CODE

TITLE 18

- DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 50. Air Quality Control

Section 50.030 State air quality plan.

Adopted

February 22 , 201 3

Sean Parnell
, Governor

Larry Hartig

, CommissionerRegister ___, ________ 201 3 ENVIRONMENTAL CONSERVATION

This page was intentionally left blank for two

- sided copying.Register ___, ________ 201 3 ENVIRONMENTAL CONSERVATION

1 T he lead

- in language of 18 AAC 50.030 is amended to read:

18 AAC 50.030. State air quality plan. Volumes II and III of the State Air Quality

Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, as

amen ded through February 22, 2013 [ MAY 29, 201 2 ] , are adopted by reference. The plan

includes the following documents which are also adopted by reference :

(1) the department's Alaska Air Quality Small Business Assistance Program

,

April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, amended

by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008

-

28, sec. 2;

(3) except as provided in 18 AAC 50.090(b), the department's Air Quality

Complian ce Certification Procedures for Volatile Liquid Storage Tanks, Delivery Tanks, and

Loading Racks , as amended through December 10, 1992;

(4) the department's Quality Assurance Project Plan for the State of Alaska Air

Monitoring & Quality Assurance Program

, as amended through February 23, 2010;

(5) Repealed 6/21/98.

(6) Protocol for Determining the Best Performing Model , EPA

- 454/R

- 92

- 025,

December 1992;

(7) repealed 9/17/2011;

(8) Source Test Report Outline , as amended through November 1984;

(9) the departmen t’s Performance Audits for COMS , revised as of August 20,

2008;

(10) the department’s Minor Permit Application Forms , dated August 30, 2004.Register ___, ________ 201 3 ENVIRONMENTAL CONSERVATION

2 (Eff. 1/18/97, Register 141; am 6/21/98, Register 146; am 9/4/98, Register 147; am 1/1/2000,

Register 152; am 12/30 /2000; Register 156; am 9/21/2001, Register 159; am 1/27/2002, Register

161; am 3/27/2002, Register 161; am 5/3/2002, Register 162; am 2/20/2004, Register 169; am

6/24/2004, Register 170; am 10/1/2004, Register 171; am 12/14/2006, Register 180; am

12/30/20 07, Register 184; am 5/17/2008, Register 186; am 7/25/2008, Register 187; am

11/9/2008, Register 188; am 5/6/2009, Register 190; am 11/4/2009, Register 192; am 4/1/2010,

Register 193; am 10/29/2010, Register 196; am 4/13/2011, Register 198; am 9/17/2011, R egister

199; am 8/1/2012, Register 203; am __/__/____, Register ___ )

Authority: AS 46.03.020 AS 46.14.030 Sec. 30, ch. 74, SLA 1993

AS 46.14.020 AS 46.14.140

Editor's note : The State Air Quality Control Plan and the other documents adopted by

reference in 18 AAC 50.030 may be reviewed at the department's Anchorage, Fairbanks, or

Juneau office and are on file with the Office of the Lieutenant Governor.Register

### _~**_;[~** __ 2013 ENVIRONMENTAL CONSERVATION

The lead-in language of 18 AAC 50.enO is amended to read:

18 AAC 50.030. State air quality plan. Volumes II and III of the State Air Quality

Control Plan for implementing and enforcing the provisions of AS 46.14 and this chapter, as

amended through February 22,2013 [MAY 29, 2012], are adopted by reference. The plan

April 1994;

(2) the Code of the City and Borough of Juneau, Alaska, Chapter 36 0, amended

by the provisions of Ordinance of the City and Borough of Juneau, Alaska, Ser' No. 2008-

28, sec. 2;

(3) except as provided in 18 AAC 50.090(b), the depar ent's Air Quality

Compliance Certification Procedures for Volatile Liquid Storag (mks, Delivery Tanks, and

Loading Racks, as amended through December 10, 1992;

(4) the department's Quali(v Assuranc' roject Plan for the State of Alaska Air

Monitoring & Quality Assurance Program, as a nded through February 23, 2010;

(5) repealed 6/21/98.

(6) Protocolfor Detem :ning the Best Performing Model, EPA-454/R-92-025,

December 1992;

(7) repealed /17/2011;

(8) Sa trce Test Report Outline, as amended through November 1984;

the department's Pelformance Audits for COMS, revised as of August 20,

2008;

# --~E-J4.}-tH@'--GI~pal:tJlletlt:sMiuGH'-Pe·rn7"i·t-A1)?l·j,eGI.#GN'l~}Z&**f'mS;-'dated-p;:'(rglist~e;-2t'eJ41**

1Regis(er 

# 7!i2,**".:2~L:1_-** 20 J :; ENVIRONMEN'TAL CONSERVATION

(Ell J 1 18197, Register 141; am 6121/98, Register J 46; am 9/4/98, Register 147; am 1/1/2000,

Register [52; am [213012000; Register 156; am 912112001, Register 159; am 1/2712002, Register

161 ; 

### am 3/2712002, Register 161; 

### am 51312002, Register 162; 

### am 2/20/2004, Register 169; 

### am

612412004, Register 170; am 10/112004, Register 171; am 12/1412006, Register 180; am

12/30/2007, Register 184; 

### am 5/1712008, Register 186; 

### am 712512008, Register 187; 

### am

11/912008, Register 188; 

### am 5/612009, Register 190; 

### am 111412009, Register 192; 

### am 41112010,

Register 193; 

### am 10/29/2010, Register 196; 

### am 411312011, Register 198; 

### am 911712011, Register

199; am 8/112012, Register 203; am 

# 5) 81 201 

### 3, Register 

# 2Lh)

Authority: AS 46.03.020

AS 46.14.020 AS 46.14.030

AS 46.14.140 Sec. 30, ch. 74, SLA 1993**t-E4j.M).~.~12b,e_£t'l.te.AiJ::-Q.u'~li9LG:2J.ut:~ett;b~1.-l4f.ltl41'}e-(J"theffie&H·me.Ht8-aaEtl*eEl-b;-****1~:j.Ge-ill..1.8..AAC.5OJ).3.(Lm.a.y-~ev1-e~ttttl~et:1'fteR.~f1.G.R·eH1..ge.....EairllaJ4.k~t:­**

## J!j.f.l~e-Ff;:i.G~1-11d.at:e-o.Q....£i.1g...;w..i.tJ:l-t.L-1e..O~;t'Jlle.L~Y.t,@-1-1a.r-').t-GQ..\Lel:J:1.G.r,

l'l AA

2

### 40 C.F.R. Part 51 Appendix V 2.1

. (c)

Proof of State Legal Authority to Adopt Plan:

Alaska Statute 44.46.020

Alaska Statute 46.03.020

Alaska Statute 46.03.760

Alaska Statute 46.03.765

Alaska Statute 46.03.780

Alaska Statute 4 6.03.790

Alaska Statute AS 46.142009 Alaska State Statutes relating to Air Quality 1 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 44.46. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Article 01. ORGANIZATION

Sec. 44.46.010. Commissioner of environmental conservation.

The principal executive officer of the Department of Environmental Conservation is the

commissioner of environmental conservation.

Sec. 44.46.020. Duties of department.

(a) The Department of Environmental Conservation shall

(1) have primary responsibility for coordination and development of policies, programs, and planning related to the environment of th e state and of the various regions of the state;

(2) have primary responsibility for the adoption and enforcement of regulations setting standards for the prevention and abatement of all water, land, subsurface land, and air pollution,

and other sources o r potential sources of pollution of the environment, including by way of example only, petroleum and natural gas pipelines;

(3) promote and develop programs for the protection and control of the environment of the

state;

(4) take actions that are necessa ry and proper to further the policy declared in AS 46.03.010 ;

(5) adopt regulations for

(A) the prevention and control of public health nuisances;

(B) the regulation of sanitation and sanitary practices in the interest of public health;

(C) standards of cleanliness and sanitation in connection with the construction, operat ion, and maintenance of a camp, cannery, food handling establishment, food manufacturing plant, mattress manufacturing establishment, industrial plant, school, barbershop, hairdressing, manicuring, esthetics, tattooing and permanent cosmetic coloring, body piercing, or ear piercing establishment, soft drink establishment, beer and wine dispensaries, and for other similar establishments in which lack of sanitation may create a condition that causes disease;

(D) the regulation of quality and purity of commer cially compressed air sold for human respiration.

(b) The department's regulations for tattooing and permanent cosmetic coloring shops and for body piercing shops must include requirements that

(1) the shop be equipped with appropriate sterilizing equipm ent, with availability of hot and cold running water, and with an appropriate waste receptacle;2009 Alaska State Statutes relating to Air Quality 2 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the owner of the shop is responsible for ensuring that case history cards are kept for each client for a period of three years after the client's most rece nt tattooing and permanent cosmetic coloring or body piercing;

(3) a practitioner in the shop may use only instruments for tattooing and permanent cosmetic coloring or body piercing that have been sterilized in accordance with methods approved by the department.

Sec. 44.46.025. Fees for services.

(a) Except as otherwise p rovided in AS 37.10.050

- 37.10.056, the Department of

Environmental Cons ervation may adopt regulations that prescribe reasonable fees, and establish procedures for the collection of those fees, to cover the applicable direct costs, not including travel except in the case of a designated regulatory service, as that term is defi ned in AS

37.10.058 , of inspections, permit preparation and administrati on, plan review and approval, and other services provided by the department relating to

(1) animals and animal products under AS 03.05; food, drugs, and cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35;

(2) certificates o f inspection for motor vehicles under AS 46.14.400 or 46.14.510;

(3) dri nking water systems under AS 46.03.720 ;

(4) water and wastewater operator training under AS 46.30;

(5) waste management and disposal authorizations under AS 46.03.100 ;

(6) certification of laboratories conducting environmental analyses of public drinking water systems or of oil or hazardous substances, or conducting other analyses required by the department;

(7) certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act);

(8) regulation of point source discharges of pollutants under the program authorized by AS

46.03.020 (12);

(9) regulation of pesticides and broadcast chemicals registered under AS 46.03.320 (a)(4), with a reasonable fee not to exceed $120;

(10) licensing of pesticide applicators under AS 46.03.320 (b), with a reasonable fee not to exceed $25.

(b) The department may no t charge a fee for a service that is provided by a municipality under a delegation by the department to the municipality.2009 Alaska State Statutes relating to Air Quality 3 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (c) The department may adopt regulations that prescribe reasonable fees to cover the direct and indirect costs of air quality permit programs under AS 46.14 and may establish procedures

for the collection of those fees.

(d) Notwithstanding (a) of this section, the department may not charge a fee for inspection, permit preparation and administration, plan review and approval, or other s ervices provided by the department under AS 03.05 or AS 44.46.020 (5) to a school. In this subsection, "school" means a public school or private school for children of school age, as defined in AS 14.03.070

, or a head start center that receives federal financial assistance under 42 U.S.C. 9835.

(e) In (a)(9) and (10) of this section, "reasonable fee" means a fee that does not unduly

interfere in t he conduct of commerce in the state.2009 Alaska State Statutes relating to Air Quality 4 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Title 46. WATER, AIR, ENERGY, AND ENVIRONMENTAL CONSERVATION

Chapter 46.03. ENVIRONMENTAL CONSERVATION

Article 01. DECLARATION OF POLICY

Sec. 46.03.010. Declaration of policy.

(a) It is the policy of the state to conserve, improve, and protect its natural resources and environment and control water, land, and air pollution, in order to enhance the health, safety, and welfare of the people of the state and their overall economic and social well

- being.

(b) It is the policy of the state to improve and coordinate the environmental plans, functions, powers, and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations, and concerned individuals, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

Article 02. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Sec. 46.03.020. Powers of the department.

The department may

(1) enter into contracts and compliance agreements necessary or convenient to carry out the functions, powers, and duties of the department;

(2) review and appraise programs and activities of state departments and agencies in light of the policy set out in AS 46.03.010 f or the purpose of determining the extent to which the programs and activities are contributing to the achievement of that policy and to make recommendations to the departments and agencies, including environmental guidelines;

(3) consult with and cooperat e with

(A) officials and representatives of any nonprofit corporation or organization in the state;

(B) persons, organizations, and groups, public and private, using, served by, interested in, or concerned with the environment of the state;

(4) appear and participate in proceedings before any state or federal regulatory agency involving or affecting the purposes of the department;

(5) undertake studies, inquiries, surveys, or analyses it may consider essential to the accomplishment of the purposes of the department; these activities may be carried out by the personnel of the department or in cooperation with public or private agencies, including educational, civic, and research organizations, colleges, universities, institutes, and foundations;2009 Alaska State Statutes relating to Air Quality 5 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (6) at reasonable times, enter and inspect with the consent of the owner or occupier any property or premises to investigate either actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with a regulation that may b e adopted under AS 46.03.020

- 46.03.040; information relating to secret processes or methods of manufacture discovered during investigation is confidential;

(7) conduct investigations and hold hearings and compel the attendance of witnesses and the production of accounts, books, and documents by the issuance of a subpoena;

( 8) advise and cooperate with municipal, regional, and other local agencies and officials in the state, to carry out the purposes of this chapter;

(9) act as the official agency of the state in all matters affecting the purposes of the department under fed eral laws now or hereafter enacted;

(10) adopt regulations necessary to carry out the purposes of this chapter, including, by way of example and not limitation, regulations providing for

(A) control, prevention, and abatement of air, water, or land or su bsurface land pollution;

(B) safeguard standards for petroleum and natural gas pipeline construction, operation, modification, or alteration;

(C) protection of public water supplies by establishing minimum drinking water standards,

and standards for the construction, improvement, and maintenance of public water supply
systems;

(D) collection and disposal of sewage and industrial waste;

(E) collection and disposal of garbage, refuse, and other discarded solid materials from industrial, commercial, agricu ltural, and community activities or operations;

(F) control of pesticides;

(G) other purposes as may be required for the implementation of the policy declared in AS

46.03.010 ;

(H) handling, transportation, treatment, storage, and disposal of hazardous wastes;

(11) inspect the premises of sellers and suppliers of paint, ves sels, and marine and boating supplies, and take other actions necessary to enforce AS 46.03.715 ;

(12) notwithstanding any other provision of law, take all actions necessary to receive authorization from the administrator of the United States Environmental Protection Agency to

administer and enforce a National Pollutant Discha rge Elimination System program in2009 Alaska State Statutes relating to Air Quality 6 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 accordance with 33 U.S.C. 1342 (sec. 402, Clean Water Act), 33 U.S.C. 1345 (sec. 405, Clean Water Act), 40 C.F.R. Part 123, and 40 C.F.R. Part 403, as amended;

(13) require the owner or operator of a facility to undertake monitoring, sampling, and reporting activities described in 33 U.S.C. 1318 (sec. 308, Clean Water Act).



## ...

Sec. 46.03.024. Consideration in adopting pollution regulations.

Notwithstanding another provision of law to the contrary, when adopting a regulation relating to the control, prevention, and abatement of air, water, or land or subsurface land pollution, the department shall give special attention to public comments concerning the cost of compliance with the regulation and to alternate practical methods of complying with the statute being interpreted or implemented by the regulation.



## ...

Sec. 46.03.760. Civil action for pollution; damages.

(a) A person who violates or causes or permits to be violated a provision of this chapter

other than AS 46.03.250

- 46.03.313, or a provision of AS 46.04 or AS 46.09, or a regulation, a

lawf ul order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter or AS 46.04 or AS 46.09 is liable, in a civil action, to the state for a sum to be assessed by the court o f not less than $500 nor more than $100,000 for the initial violation, nor more than $5,000 for each day after that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, which shall be determined by the court according to the toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality;

(2) reasonable costs incurred by the state in detection, investigation, and attempted correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for which a violation is charged.

(b) Except as determined by the court under (e)(4) of this section, actions under this section may not be used for punitive purposes, and sums assessed by the court must be compensatory

and remedial in nature.

(c) The court, upon motion of the department or upon its own motion, may defer assessment of all or part of that portion of the sum imposed upon a person under (a)(3) of this section2009 Alaska State Statutes relating to Air Quality 7 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 cond itioned upon the person complying, within the shortest feasible time, with the requirement

for which a violation is shown.

(d) In addition to liability under (a)

- (c) of this section, a person who violates or causes or permits to be violated a provision of AS 46.03.740

- 46.03.750 is liable to the state, in a civil

action bro ught under AS 46.03.822 , for the full amount of actual damages caused to the state by the violation, including

(1) direct and indirect costs associated with the abatement, containment, or removal of the pollutant;

(2) restoration of the environment to its former state;

(3) amounts paid as grants under AS 29.60.510

- 29.60.599 and as emergency first response

advances and reimbursements under AS 4 6.08.070(c); and

(4) all incidental administrative costs.

(e) A person who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.475, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or term or condition of a permit, approval, or acceptance
issued under AS 46.03.250

- 46.03.313, 46.03.460

- 46.03.47 5, AS 46.14, or under the program authorized by AS 46.03.020(12), is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $500 nor more than $100,000 for the initial violation, nor more than $10,000 for each day af ter that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court accord ing to the toxicity, degradability and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the court, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; for a violation of AS 46.03.463 , the court, in making its determination under this paragraph, shall also consider the volume of the graywater, sewage, or other

wastewater disch arged; this paragraph may not be construed to limit the right of parties other than the state to recover for personal injuries or damage to their property;

(2) reasonable costs incurred by the state in detection, investigation, and attempted

correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for which a violation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.2009 Alaska State Statutes relating to Air Quality 8 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (f) An owner, agent, employee, or operator of a commercial passenger vessel, as defined in

AS 43.52.295 , who falsifies a registration or report required by AS 46.03.460 or 46.03.475 or who violates or causes or permits to be violated a provision of AS 46.03.250

- 46.03.314,

46.03.460

- 46.03.490, AS 46.14, or a regulation, a lawful order of the department, or a permit, approval, or acceptance, or t erm or condition of a permit, approval, or acceptance issued under

AS 46. 03.250

- 46.03.314, 46.03.460

- 46.03.490, or AS 46.14 is liable, in a civil action, to the state for a sum to be assessed by the court of not less than $5,000 nor more than $100,000 for the initial violation, nor more than $10,000 for each day after that on which the violation continues, and that shall reflect, when applicable,

(1) reasonable compensation in the nature of liquidated damages for any adverse environmental effects caused by the violation, that shall be determined by the court according to

th e toxicity, degradability, and dispersal characteristics of the substance discharged, the sensitivity of the receiving environment, and the degree to which the discharge degrades existing environmental quality; for a violation relating to AS 46.14, the cou rt, in making its determination under this paragraph, shall also consider the degree to which the discharge causes harm to persons or property; this paragraph may not be construed to limit the right of parties other than the state to recover for personal i njuries or damage to their property;

(2) reasonable costs incurred by the state in detection, investigation, and attempted correction of the violation;

(3) the economic savings realized by the person in not complying with the requirement for

which a viol ation is charged; and

(4) the need for an enhanced civil penalty to deter future noncompliance.

(g) As used in this section, "economic savings" means that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of facilities necessary to effect compliance with the standard violated.

Sec. 46.03.761. Administrative penalties.

(a) The department may assess an administrative penalty against an entity that violates or causes or permits to be violated a provision of AS 46.03.720 (b) or a term or condition of a

r egulation, order, permit, approval, or certificate of the department issued or adopted under AS

46.03.720 (b).

(b) Before assessing an administrative penalty under this section, the department shall

(1) communicate about the alleged noncompliance with the entity and the governing body of the community or municipality whose re sidents are served by the public water system; communication under this paragraph must be in language designed to be easily understood by the entity and governing body and must clearly describe the nature of the alleged noncompliance;2009 Alaska State Statutes relating to Air Quality 9 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) offer technical assistance to aid in correcting the alleged noncompliance when the department has reason to believe that the entity may lack the resources or expertise to get technical assistance from other sources; and

(3) unless the alleged noncompliance poses an immed iate threat to the public health, give the entity a reasonable amount of time to correct the alleged noncompliance after the department has complied with (1) and (2) of this subsection.

(c) If, after complying with (b) of this section, the department dete rmines that noncompliance still exists and the violation is subject to a penalty under this section, the department may make a preliminary determination to assess the penalty. The department shall provide notice to the entity of its preliminary determinati on. The entity may, within 10 days after receiving the notice, request the department to reconsider its decision. If a timely request for reconsideration is made, the department shall reconsider its preliminary determination and may affirm or modify the de termination. The department shall notify the entity of the decision. If a timely request for reconsideration is not received or if, after reconsideration, the department determines that a penalty should be assessed, the department may assess the penalty. T he department shall provide notice of the assessment and instructions for contesting and appealing the assessment to the entity by personal service or by certified mail, return receipt requested. The notice must inform the entity of the amount of the propo sed penalty and that the entity has 45 days within which to file a notice with the department contesting the proposed penalty. If, within 45 days after receiving the notification issued by the department, the entity fails to file a notice contesting the pr oposed penalty, the proposed penalty is considered a final order. The department may extend the time periods specified in this subsection for good cause.

(d) If an entity sends notice to the department contesting a proposed penalty under (c) of this

secti on, the department shall afford an opportunity for a hearing in accordance with its adjudicatory hearing procedures. After an opportunity for a hearing, the department shall issue an order, based upon findings of fact, affirming, modifying, or rescinding t he administrative penalty. The order must include notice that the entity may appeal the order to the superior court and the address of the appropriate superior court. The order is the final agency action on the penalty.

(e) An entity against whom an admin istrative penalty is assessed under this section may obtain judicial review of the administrative penalty by filing a notice of appeal in the superior court as provided by the Alaska Rules of Appellate Procedure. An order of the department under (d) of thi s section becomes final and is not subject to review by a court if a notice of appeal is not filed with the superior court within the period provided for by the Alaska Rules of Appellate

Procedure.

(f) Unless the notice of appeal is incomplete or otherwise not in conformance with court rules, a notice of appeal under (e) of this section is considered to be filed with the superior court on the day the entity delivers the appropriate documents and fee to the appropriate superior court. Determining wh ether the notice of appeal is complete and otherwise in conformance with court rules is the responsibility of the superior court.2009 Alaska State Statutes relating to Air Quality 10 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (g) An administrative penalty assessed under this section may not exceed (1) $1,000 a day

for each violation if the affected public water supply system serves a population of more than 10,000 persons; (2) $250 a day for each violation if the affected public water supply system serves a population of 10,000 or fewer persons but more than 1,000 persons; and (3) $100 a day

for each violation if the public water supply system serves 1,000 or fewer persons. Each provision, term, or condition violated is a separate and distinct violation. If a violation of a provision, term, or condition continues from day to day, each day is a separat e violation.

(h) In determining the amount of a penalty assessed under this section, the department shall

consider

(1) the effect of the violation on the public health or the environment;

(2) reasonable costs incurred by the state in the detection, inve stigation, and attempted correction of the violation;

(3) the economic savings realized by the entity by not complying with the requirement for which a violation is charged;

(4) any previous history of compliance or noncompliance by the entity with this chapter, AS 46.04, AS 46.09, and AS 46.14;

(5) the need to deter future violations;

(6) the extent and seriousness of the violation, including the potential for the violation to threaten public health or the environment;

(7) whether the entity achieved compliance with the requirement violated within the shortest feasible time; and

(8) other factors considered relevant to the assessment that are adopted by the department in regulation.

(i) If an entity fails to pay an administrative penalty assessed und er this section after the penalty becomes final, the department may bring an action to collect the penalty. The amount of the penalty is not subject to review by the court in such an action.

(j) In a collection action under (i) of this section, the court shall award the prevailing party full reasonable attorney fees and costs incurred in the collection action.

(k) Action under this section by the department does not limit or otherwise affect the authority of the department to otherwise enforce this chapter, AS 46.04, AS 46.08, AS 46.09, AS 46.14, or regulations adopted under those statutes, or to recover damages , restoration expenses, investigation costs, court costs, attorney fees, or other necessary expenses. The court shall set off against a judicial civil assessment subsequently awarded under AS 46.03.760 an amount ordered to be paid under this section by the same entity for the same violation.2009 Alaska State Statutes relating to Air Quality 11 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (l) In this section, "entity" means the owner or operator of a public water system.



## ...

Sec. 46.03.765. Injunctions.

The superior court has jurisdiction to enjoin a violation of this chapter, AS 46.04, AS 46.09, AS 46.14, or of a regulation, a lawful order of the department, or permit, approv al, or acceptance, or term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of an imminent th reat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of complianc e within a reasonable period of time.



## ...

Sec. 46.03.780. Liability for restoration.

(a) A person who violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, or who fails to perform a duty imposed by this chapter, AS 46.04, AS 46.09, or AS 46 .14, or violates or disregards an order, permit, or other determination of the department made under the provisions of this chapter, AS 46.04, AS 46.09, or AS 46.14, respectively, and thereby causes the death of fish, animals, or vegetation or otherwise in jures or degrades the environment of the state is liable to the state for damages.

(b) Liability for damages under (a) of this section includes an amount equal to the sum of money required to restock injured land or waters, to replenish a damaged or degra ded resource, or to otherwise restore the environment of the state to its condition before the injury.

(c) Damages under (a) of this section shall be recovered by the attorney general on behalf of

the state.

Sec. 46.03.790. Criminal penalties.

(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence

(1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approv al, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14;

(2) fails to provide information or provides false information required by AS 46.03.465

, 46.03.475, 46.03.755, AS 46.04, or AS 46.09, or by a regulation adopted by the department

under AS 46.03.020 (12), 46.03.460, 46.03.755, AS 46.04, or AS 46.09;2009 Alaska State Statutes relating to Air Quality 12 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS

46.03.250

- 46.03.313 applicable to hazardous wastes or a regulation adopted by the department

under AS 46.03.250

- 46.03.313;

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with AS

46.03.460

- 46.03.475, AS 46.14, or a regulation adopted under AS 46.03.020 (12), 46.03.460, or AS 46.14; or

(5) renders inaccurate a monitoring device or method required to be maintained under AS 46.14, a regulation adopted under AS 46.03.020 (12) or AS 46.14, a permit issued by the department or a local air quality control program under AS 46.14, or a permit issued by the department under the program authorized by AS 46.03.020 (12).

(b) [Repealed, Sec. 5 ch 141 SLA 1990].

(c) Each day on which a violation described in this section occurs is considered a separate

violation.

(d) Notwithstanding (a) of this section, a person who with criminal negligence discharges oil

in violation of AS 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under AS 46.04. 030 , with criminal negligence fails to comply with the plan is guilty of

(1) a class C felony if the oil discharge is 10,000 barrels or more;

(2) a class A misdemeanor if the oil discharge is less than 10,000 barrels.

(e) [Repealed, Sec. 5 ch 141 SLA 1 990].

(f) [Repealed, Sec. 5 ch 141 SLA 1990].

(g) Notwithstanding AS 12.55.035 (b), upon conviction of a violation of a regulation adopted under AS 46.03.020 (12) or of a violation related to AS 46.14 and described in (a) of this section, a defendant who is not an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation.

(h) Notwithstanding (a) and (d) of this section, a person is guilty of a class A misdemeanor if the person negligently

(1) violates a regulation adopted by the department under AS 46.03.020(12);

(2) violates a permit issued under the program authorized by AS 46.03.020(12);2009 Alaska State Statutes relating to Air Quality 13 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (3) fails to provide information or provides false information required by a regulation adopted under AS 46.03.020 (12);

(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with a permit issued under or a reg ulation adopted under AS 46.03.020 (12); or

(5) renders inaccurate a mon itoring device or method required to be maintained by a permit issued under or a regulation adopted under AS 46.03.020(12).

(i) In this section,

(1) "barrel" has the meaning given in AS 46.04.900 ;

(2) "criminal negligence" has the meaning given in AS 11.81.900

.



## ...

Sec. 46.03.850. Compliance order.

(a) When, in the opinion of t he department, a person is violating or is about to violate a provision of this chapter, AS 46.04, or AS 46.14, or a regulation or lawful order of the department, or a permit or certificate, or a term or condition of a permit or certificate issued by

the d epartment under this chapter, AS 46.04, AS 46.14, the department may notify the person of its determination by personal service or certified mail. The determination and notice do not

constitute an order under AS 46.03.820

.

(b) The recipient of the determination shall file with the department, within the time period specified in the notice, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice.

(c) After the report is filed under (b) of this section or the time period specified for it has elapsed, the department may issue a compliance order in conformity with the authority of the department and the public policy declared in AS 46.03.010 . A copy of the compliance order shall be served personally or sent by certified mail to the person affected. A compliance order is effective upon receipt.

(d) Within 30 days after receipt the recipient may request a hearing to review the compliance order. Failure to request a hearing within 30 days after the receipt of a compliance order constitutes a waiver of the recipient's right of review.

(e) The department shall h old a hearing within 20 days after receipt of a request for one under (d) of this section. After the hearing the department may rescind, modify, or affirm the compliance order.

(f) The attorney general shall seek enforcement of a compliance order.2009 Alaska State Statutes relating to Air Quality 14 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Article 10. GENERAL PROVISIONS

Sec. 46.03.860. Inspection warrant.

The department may seek search warrants for the purpose of investigating actual or suspected sources of pollution or contamination or to ascertain compliance or noncompliance with AS

46.14 or this chapter or a regulation adopted under AS 46.14 or this chapter.



## ...

Sec. 46.03.875. Remedies cumulative.

All remedies provided by this chapter, AS 46.04, or AS 46.14 are cumulative, and the securing of relief, whether injunctive, civil, or criminal, under a section of this chapter, AS 46.04, or AS 46.14 does not stop the state from obtaining relief under any other section of this chapter, AS 46.04, or AS 46.14.

Sec. 46.03.880. Applicability of the Administrative Procedure Act.

(a) Except as otherwise specif ically provided in this chapter, AS 44.62 (Administrative Procedure Act) governs the activities and the proceedings of the department.

(b) Notwithstanding AS 44.62.330 (a)(28), adjudicatory hearing procedures to review permit decisions under this chapter need not conform to AS 44.62.330

- 44.62.630 (Administrative Procedure Act).

Sec. 46.03.890. Enforcement authority.

(a) The following persons are authorized to enforce this chapter:

(1) a state employee authorized by the commissioner;

(2) a police officer of the state.

(b) Inspection and enforcement employees of the department designated by the commissioner are peace officers in the performance of their duties under this chapter, AS 46.04, AS 46.09, and AS 46.14.

Sec. 46.03.900. Definitions.

In this chapter,

(1) "air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances or a combination of these;2009 Alaska State Statutes relating to Air Quality 15 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) "air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in quantities and duration that tend to be injurious to human health or welfare, animal or plant life or property or would unreasonably interfere with the enjo yment of life or

property;

(3) "broadcast chemicals" means chemical substances which are released into the air or onto land or water for the purpose of preventing, destroying, repelling, stimulating, or retarding plant or animal life, or chemical substanc es released for meteorological control, oil spill control, or fire control;

(4) "commissioner" means the commissioner of environmental conservation;

(5) "compliance agreement" means a mutual understanding and voluntary, enforceable

agreement on a course of action for a specific set of circumstances entered into by the department and a person to control, prevent, or abate air, water, land, or subsurface land pollution;

(6) "department" means the Department of Environmental Conservation;

(7) "dispose" has the meaning given "disposal" in 42 U.S.C. 6903(3);

(8) "facility" means any offshore or onshore structure, improvement, vessel, vehicle, land, enterprise, or endeavor;

(9) "hazardous waste" means a waste or combination of wastes that because of quantity

, concentration, or physical, chemical, or infectious characteristics may

(A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(B) pose a substantial present or potential hazard to human health or the environment when improperly managed, treated, stored, transported, or disposed of;

(10) "hazardous waste reduction" means decreasing, avoiding, or eliminating wastes that are

hazardous to human health or the envi ronment through source reduction or recycling; the term does not include hazardous waste treatment or hazardous waste disposal;

(11) "industrial waste" means a liquid, gaseous, solid, or other waste substance or a combination of them resulting from proces s of industry, manufacturing trade or business, or from the development of natural resources; however, gravel, sand, mud, or earth taken from its original situs and put through sluice boxes, dredges, or other devices for the washing and recovery of the pre cious metal contained in them and redeposited in the same watershed from which it came is not industrial waste;

(12) "low level radioactive materials" means a radioactive waste other than2009 Alaska State Statutes relating to Air Quality 16 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (A) used nuclear reactor fuel;

(B) waste produced during the repr ocessing of used nuclear reactor fuel; and

(C) elements having an atomic number greater than 92 and containing 10 or more nanocuries per gram;

(13) "manifest" means the form used for identifying the quantity, composition, origin, routing, and destination of a hazardous waste when the hazardous waste is transported;

(14) "mining waste" means solid waste from the extraction, beneficiation, and processing of ores and minerals, including coal, and including phosphate rock and overburden from the mining

of ur anium ore;

(15) "motor vehicle" has the meaning given in AS 28.90.990 ;

(16) "municipal solid waste" means waste material

(A) generated by a household, including a single

- family or multi

- family residence, and collected and disposed of as part of municipal solid waste collection services; or

(B) generated by a commercial, in dustrial, or institutional entity, to the extent that the waste

material

(i) is essentially the same as waste normally generated by a household;

(ii) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste co llection services; and

(iii) contains a relative quantity of hazardous substances not greater than the relative quantity of hazardous substances contained in waste material generated by a typical single

family household;

(17) "other wastes" means garbage , refuse, decayed wood, sawdust, shavings, bark, trimmings from logging operations, sand, lime cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, heat from cooling or other operations, and other substances not sewage or industrial

waste which ma y cause or tend to cause pollution of the waters of the state;

(18) "person" means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any

oth er entity whatsoever;

(19) "pesticide" means any chemical or biological agent intended for preventing, destroying, repelling, or mitigating plant or animal life and any substance intended for use as a plant regulator, defoliant or desiccant, including but not limited to insecticides, fungicides, rodenticides, herbicides, nematocides, and biocides;2009 Alaska State Statutes relating to Air Quality 17 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (20) "pollution" means the contamination or altering of waters, land, or subsurface land of the state in a manner which creates a nuisance or makes waters, land , or subsurface land unclean, or noxious, or impure, or unfit so that they are actually or potentially harmful or detrimental or injurious to public health, safety, or welfare, to domestic, commercial, industrial, or recreational use, or to livestock, wild animals, bird, fish, or other aquatic life;

(21) "resource recovery" means the recovery of materials or energy from solid wastes for industrial use, agriculture, heat production, power production, or other processes or purposes and

includes the reuse of materials or products to conserve natural resources;

(22) "restricted

- use pesticides" means pesticides that are classified for restricted use under 7 U.S.C. 136a(d)(1)(C) (sec. 3(d)(1)(C), Federal Insecticide, Fungicide, and Rodenticide Act), as amended;

(23) "service" means a function performed or service provided by the state or by a municipality under a duty or power authorized by AS 29 or other provision of law authorizing a municipality to perform functions or provide services, or a comparable functi on performed or service provided by a village; "service" includes functions not previously performed and services not previously provided;

(24) "sewage" means the water

- carried human or animal wastes from residences, buildings, industrial establishments, or other places, together with ground water infiltration and surface water as may be present; the admixture with sewage of industrial wastes or other wastes is "sewage";

(25) "sewer system" or "sewerage system" means pipelines or conduits, pumping station s, and force mains, and all other appurtenant constructions, devices, and appliances used for conducting sewage, industrial waste, or other wastes to a point of ultimate disposal;

(26) "solid waste" means garbage, refuse, abandoned, or other discarded sol id or semi

- solid material, regardless of whether subject to decomposition, originating from any source;

(27) "solid waste disposal facility" means a facility for the discharge, deposit, injection, consolidation, or placement of solid waste into or onto th e land and includes transfer stations and sanitary landfills;

(28) "solid waste processing facility" means a facility for the extraction of materials from solid waste, volume reduction, conversion to energy, or other separation and preparation of solid

wa ste for reuse or disposal and includes incinerators, shredders, balers, and transfer stations;

(29) "standard" means the measure of purity or quality for air, water, and land in relation to their reasonable and necessary use as established by the departme nt;

(30) "storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in a manner that does not constitute disposal of the hazardous waste;2009 Alaska State Statutes relating to Air Quality 18 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (31) "subdivision" has the meaning given in AS 40.15.900 ;

(32) "treat" has the meaning given "treatment" in 42 U.S.C. 6903(34);

(33) "treatment works" means a plant, disposal field, lagoon, pumping station, constructed drainage ditch or surface water intercepting ditch, incinerator, area devoted to sanitary land fills, or other works installed for the purpose of treating, neutralizing, stabilizing, or disposing of sewage, industrial waste, or other wastes;

(34) "village" means a place within the unorganized borough or within a borough as to a power, function, or service that is not exercised or provided by the bo rough on an areawide or

nonareawide basis that

(A) has irrevocably waived, in a form approved by the Department of Law, any claim of sovereign immunity that might arise under this chapter; and

(B) has

(i) a council organized under 25 U.S.C. 476 (sec. 16 of the Indian Reorganization Act);

(ii) a traditional village council recognized by the United States as eligible for federal aid to Indians; or

(iii) a council recognized by the commissioner of commerce, community, and economic development under regula tions adopted by the Department of Commerce, Community, and Economic Development to determine and give official recognition of village entities under AS 44.33.755(b);

(35) "waste associated with the exploration, development, or production of crude oil, na tural gas, or geothermal energy" means (A) waste, including drilling muds, cuttings, hydrocarbons, brine, acid, sand, and emulsions or mixtures of fluids produced from and unique to the operation or maintenance of a well, whether naturally occurring or add ed for the operation or productivity of the well; and (B) waste that is derived intrinsically from primary field operations; "waste associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy" does not includ e spent solvents and oils from equipment maintenance activities, discarded chemical products, or fuels;

(36) "waste derived intrinsically from primary field operations" means waste produced from a well, and removed

(A) at the drill site; or

(B) at crude oil production facilities by crude oil or wastewater treatment process before custody transfer of the crude oil;2009 Alaska State Statutes relating to Air Quality 19 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (37) "waters" includes lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets , straits, passages, canals, the Pacific Ocean, Gulf of Alaska, Bering Sea, and Arctic Ocean, in the territorial limits of the state, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal,

fresh o r salt, which are wholly or partially in or bordering the state or under the jurisdiction of

the state.2009 Alaska State Statutes relating to Air Quality 20 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 Chapter 46.14. AIR QUALITY CONTROL

Article 01. GENERAL REGULATIONS AND CLASSIFICATIONS

Sec. 46.14.010. Emission control regulations.

(a) After public hearing, the department may adopt regulations under this chapter establishing ambient air quality standards, emission standards, or exemptions to implement a state air quality control program required under 42 U.S.C. 7401

- 7671q (Clean Air Act), as

amend ed, and regulations adopted under those sections. The standards established under this section may be for the state as a whole or may vary in recognition of local conditions.

(b) Unless the governor has determined that an emergency exists that requires em ergency regulations under AS 44.62.250 , the department may adopt the fol lowing types of regulations only after the procedures established in (a), (c), and (d) of this section and compliance with AS

46.14.015:

(1) a regulation that establishes an ambient air quality standard for an air pollutant for which there is no correspon ding federal standard;

(2) a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard;

(3) a regulation that establishes an equivalent emission limitation for a hazardou s air pollutant for which the federal administrator has not adopted a corresponding maximum achievable control technology standard; or

(4) a regulation that regulates emissions from an emissions unit or stationary source or

establishes an emission standar d under the authority of AS 46.14.120 (e) or 46.14.130(c)(2).

(c) In pre paration for peer review under AS 46.14.015 and before adopting a regulat ion described under (b) of this section, the department shall

(1) find in writing that exposure profiles and either meteorological conditions or emissions unit characteristics in the state or in an area of the state reasonably require the ambient air quality standard, or emission standard to protect human health and welfare or the environment; this paragraph does not apply to a regulation under (b)(3) of this section;

(2) find in writing that the proposed standard or emission limitation is technologic ally feasible; and

(3) prepare a written analysis of the economic feasibility of the proposal.

(d) Before adopting a regulation described in (b)(2) of this section, the department shall find in writing that exposure profiles and either meteorological con ditions or emissions unit characteristics are significantly different in the state or in an area of the state from those upon which the corresponding federal regulation is based.2009 Alaska State Statutes relating to Air Quality 21 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (e) When incorporated into more than one permit, emission standards and limi tations, emissions monitoring and reporting requirements, and compliance verification requirements that are generally applicable statewide or are generally applicable to individual emissions unit or stationary source types shall be adopted in regulation un less they have been requested by the owner and operator to whom the permit is issued. The department shall, by regulation, adopt a standard, limitation, or requirement described in this subsection as soon as its general applicability is reasonably foreseea ble.

(f) An emission standard adopted by the department may be applicable to individual emissions units within a stationary source or to all emissions units within a stationary source. For purposes of determining compliance with applicable regulations and with permit limitations, the department may allow numerical averaging of the emissions of each air pollutant from several emissions units within a stationary source if

(1) requested by the owner and operator; and

(2) allowed under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and regulations adopted under those sections.

Sec. 46.14.015. Special procedure for more stringent regulations.

(a) Before the department adopts a regulation described under AS 46.14.010(b), written findings under AS 46.14.010 (c) and (d) shall be made available by the department to the public

at locations throughout the state that the department considers appropriate.

(b) Before the department adopts a regulation described in AS 46.14.010(b), the department shall submit the findings described under (a) of this section, the studies on which the fi ndings are based, and other related data for peer review to a minimum of three separate parties who are not employees of the department and who are determined by the commissioner to be technically qualified in the subject matter under review. The commissio ner shall ensure that the peer review includes an analysis of the factors considered by the commissioner to support the standards proposed to be adopted and recommendations, if any, for additional research or investigation considered appropriate. Peer revi ew reports shall be submitted to the commissioner within 45 days after the department submits a matter for peer review unless the commissioner determines that additional time is required.

(c) The department shall make available to the public at least 30 d ays before the public hearing required under AS 46.14.010 (a), at conveni ent locations, copies of the department's proposed regulation, the findings of the department describing the basis for adoption of the regulation, and the peer review reports, submitted under (b) of this section.

(d) The department shall contract with per sons to perform peer review under (b) of this section. All persons selected shall be selected on the basis of competitive sealed proposals under

AS 36.30.200

- 36.30.270 (State Procurement Code). The commissioner may not contract with a person to perform p eer review under this section if the person has a significant financial interest or other significant interest that could bias evaluation of the proposed regulation. An interest is2009 Alaska State Statutes relating to Air Quality 22 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 not considered significant under this subsection if it is an interest posse ssed generally by the public or a large class of persons or if the effect of the interest on the person's ability to be impartial is only conjectural.

Sec. 46.14.020. Classification of stationary sources or emissions units; reporting.

(a) The department, by regulation, may classify stationary sources or emissions units that, in the department's determination, are likely to cause or contribute to air pollution, according to the levels and types of emissions and other characteristics that relate to air quali ty. The department may make a classification under this subsection applicable to the state as a whole or to a designated area of the state. The department shall base the classifications on consideration of health, economic, and social factors, sensitivity of the receiving environment, and physical effects on property.

(b) The department or a local air quality control program authorized under AS 46.14.400 may require an owner and operator of a stationary source or emissions unit classified under this section to report information to the department or the authorized local program concerning location, size, and height of stacks or area emissions units, processes employed, fuels used, the nature and time periods or duration of emissions, and other information relevant to air quality that is available or reasonably capable of being c alculated and compiled.

Sec. 46.14.030. State air quality plan.

The department shall act for the state in any negotiations relative to the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended. The department may adopt regulations necessary to implement the state plan.

Article 02. EMISSION CONTROL PERMIT PROGRAM

Sec. 46.14.110. Additional contaminant control measures. [Repealed, Sec. 28 ch 74 SLA 1993].

Repealed or Renumbered

Sec. 46.14.120. Permits for construct ion, installation, modification, or operation.

(a) Before constructing, installing, modifying, or establishing a stationary source subject to

AS 46.14.130 (a), the owner and operator shall obtain a construction permit under this chapter.

(b) Except when considered to be in compliance with this chapter under AS 46.14.275 or under a regulation adopted under AS 46.14.140(a)(12), the owner and operato r shall obtain an operating permit under this chapter before operating a stationary source subject to AS 46.14.130 (b).

(c) A permittee shall comply with the terms and conditions of a permit or a modifying compliance order issued by the department under this chapter or a court order. A person2009 Alaska State Statutes relating to Air Quality 23 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 operating under the application sh ield available under AS 46.14.140 (a)(12) and 46.14.275, shall comply wit h the terms and conditions of the pending application and applicable regulations.

(d) The department shall ensure that permits issued, modified, amended, renewed, or revoked and reissued under this chapter comply with all applicable federal, state, and lo cal requirements.

(e) If the federal administrator exempts a stationary source from the requirements of 42 U.S.C. 7661a(a) (Clean Air Act, sec. 502(a)), the commissioner shall consider the factors used by the administrator in reaching that determination a nd, by regulation, shall issue a similar determination unless public health or air quality effects provide a reasonable basis to regulate the stationary source.

(f) The department may exempt or defer a stationary source from the requirement of AS

46.14.130 (b) to the extent allowed under 40 C.F.R. 70.3(b).

(g) Before construc ting, installing, modifying, operating, or establishing a stationary source subject to AS 46.14.130 (c), the owner or operator shall obtain a minor permit under this chapter.

Sec. 46.14.130. Stationary sources requiring permits.

(a) The owner and operator shall obtain a construction permit from the department before beginning actual construction of any one of the following:

(1) a new major stationary source;

(2) a major modification;

(3) a project subject to the construction permitting requirements of 42 U.S.C. 7412(i) (Clean Air Act, sec. 112(i)).

(b) Except for the owner and operator of a stationary source exempted under AS 46.14.120 (e) or (f ), the owner and operator of a stationary source shall obtain an operating permit from the department for

(1) a major source;

(2) a stationary source that contains an emissions unit subject to federal new source performance standards under 42 U.S.C. 7411 (Clean Air Act, sec. 111) or national emission standards for hazardous air pollutants issued under 42 U.S.C. 7412 (Clean Air Act, sec. 112); or

(3) another stationary source designated by the federal administrator by regulation.

(c) Unless the owner and operator of a stationary source are required to obtain a construction permit under (a) of this section, before constructing, installing, modifying, operating, or2009 Alaska State Statutes relating to Air Quality 24 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 establishing a stationary source, the owner and operator shall obtain a minor permit from the department if the stationary source is of a type classified under AS 46. 14.020

(1) as having the potential to violate the ambient air quality standards; or

(2) under a finding by the department that public health or air quality effects provide a reasonable basis to regulate the stationary source.

(d) In this section, "majo r source" has the meaning given in 42 U.S.C. 7661(2).

Sec. 46.14.140. Emission control permit program regulations.

(a) The department shall adopt regulations to address substantive and procedural elements of the emission control permit program established under this chapter that are not addressed in statute, except elements that relate only to the internal management of the department and do not affect the public or govern the way the department deals with the public. The regulations must be

reasonable and adequate, and provide flexibility in the operation of a stationary source consistent

with 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and applicable federal regulations. Except for regulations concerning minor permits required under AS 46.14.130 (c), the regulations must include

(1) a standard permit application form that meets the requirements of federal regulations adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b));

(2) monitoring, record keeping, and reporting requirements for facilities that are subject to

AS 46.14.130 (b), which must comply with the requirements established for state operating permit programs in 40 C.F.R. 7 0.6, but which may be modified to take into account this state's unique conditions;

(3) procedures for preparation and submission of a monitoring, reporting, and quality assurance plan and, if required, a compliance schedule describing how a permitted sta tionary source will comply with the applicable requirements of this chapter;

(4) procedures for

(A) specifying when permit applications and renewal requests are to be submitted;

(B) specifying the time duration for department review of permit applicatio ns;

(C) processing and reviewing an application;

(D) providing public notice, including opportunity for public comment and hearing; and

(E) issuing permits, including procedures for issuing permits for temporary operations or open burn activities;2009 Alaska State Statutes relating to Air Quality 25 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) reasonable standard permit conditions, including conditions for

(A) emission standards and limitations;

(B) monitoring, record keeping, and reporting for facilities subject to AS 46.14.130 ;

(C) inspection and entry;

(D) certification of corporate or other business organization reports;

(E) annual certification of compliance;

(F) excess emission or process deviation reporting; and

(G) equipment malfunctions and emergencies;

(6) fees and procedures for collecting fees;

(7) provisions addressing late payment or nonpayment of fees, which may inclu de assessment of penalties and interest or refusal to issue, amend, modify, or renew an air quality control permit;

(8) the duration of permits;

(9) procedures for modifying or amending a permit that provide flexibility in the operation of the stationary source, including procedures to allow changes to a permitted stationary source without requiring a permit modification, consistent with the purposes of this chapter and with 42

U.S.C. 7401

- 7671q (Clean Air Act);

(10) reasonable provisions for renewing, reopening, revoking and reissuing, and terminating a permit consistent with the purposes of this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act);

(11) provisions allowing for physical or operational limitations that will reduce a stationary

source's e missions to levels below those that would make the stationary source subject to part or

all of AS 46.14.120 and 46.14.130;

(12) provisions authorizing stationary source operation while a permit application is pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 503(d));

(13) provisions for ensuring that compliance with an operating permit issued under this chapter will be considered to be compliance with 42 U.S.C. 7661a (Clean Air Act, sec. 502) and other provisions of state or federal law specifically provided for by the department consistent

with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under state and federal law;2009 Alaska State Statutes relating to Air Quality 26 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) provisions allowing for certification of inspectors who evaluate compliance with the terms and conditions of a permit, order, regulation, or other provision of law authorized under this chapter; and

(15) definitions of terms incorporating applicable definitions in 42 U.S.C. 7401

- 7671q (Clean Air Act), as amended, and applicable federal regulations, to the extent that those definitions are not inconsistent with this chapter.

(b) A permit issued under this chapter may not require a person to use

(1) machinery, devices, or equipment of a particular type, from a particular supplier, or produced by a particular manufacturer; or

(2) specific methods, processes, procedures, or d esigns for the management and operation of a stationary source regulated under this chapter except to the extent that the federal administrator

has

(A) adopted a design, equipment work practice, or operational standard under 42 U.S.C. 7412(h), as amended, for the control of a hazardous air pollutant; or

(B) approved an alternative hazardous air pollutant standard under 42 U.S.C. 7412(h)(3), as

amended.

(c) The absence of, or the department's failure to adopt, a regulation under this section does

not reli eve a person from compliance with a permit issued under this chapter and with other provisions of law, including emission control requirements.

Sec. 46.14.150. Time for submission of operating permit applications.

(a) The owner and operator of a stationar y source required to have an operating permit under this chapter shall submit the required application and other information required by the department by regulation no later than 12 months after the date on which the stationary source becomes subject to AS 46.14.120 (b).

(b) The department may accept and begin processing appl ications filed earlier than the submission date. Applications filed earlier may be given priority for permit issuance.

Sec. 46.14.160. Completeness determination.

(a) The department shall review every application submitted under this chapter for completen ess. To be determined complete, an application must provide the information identified by the department in regulations adopted under AS 46.14.140 and in standard application forms provided by the department under AS 46.14.140 (a)(1) and must be certified true and correct by the owner and operator.2009 Alaska State Statutes relating to Air Quality 27 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) The department shall notify the applicant in writing whether the application is complete.

Unless the department notifies the applicant within 60 days of receipt of an application that the application is incomplete, the application is considered to be complete.

(c) If, during the processing of an application after it has been determined or considered to be complete, the department finds that additional information is necessary to evaluate or take action on that application, the information may be requested in writing from the owner and operator. A request for information under this subsection does not render the application incomplete. However, notwithstanding AS 46.14.275, an owner and operator may be found in violation of this chapter for operating without a valid permit if they fail to provide timely

additional information.

Sec. 46.14.170. Administra tive actions regarding permits.

(a) Except as provided in AS 46.14.220 o r in regulations adopted under AS 46.14.140 (a)(7), after receipt of a complete application, and after notice and opportunity for public comment and hearing, the department shall issue or deny

(1) a construction permit within 30 days after the close of the public comment period;

(2) an operating permit, other than a general operating permit or temporary operating permit, within 12 months after receipt of the complete application by the department.

(b) [Repealed, Sec. 82 ch 41 SLA 2009].

(c) Failure by the department to act within the time limits established in or under (a ) or (d) of this section is considered to be a final agency action, but only for the purpose of judicial review to determine whether the court will require that action be taken by the department.

(d) The department shall issue or deny a minor permit under AS 46.14.130(c) within 30 days after the close of the public comment period or within 30 days after receipt of the complete application by the department if a public comment period is not required under this chapter.

Sec. 46.14.180. Monitoring.

Monitoring by the owner and operator of stack emissions or ambient air quality shall be required by the department only for purposes of demonstrating compliance with applicable permit program requirements. Monitoring requirements must be reasonable and based on test methods, analytical procedures, and statistical conventions approved by the federal administrator or the department or otherwise generally accepted as scientifically competent. Unless otherwise agreed to by the owner and operator and the department,

(1) the department may not require an owner and operator of an emissions unit to monitor emissions or ambient air quality solely for the purpose of scientific investigation or research; and2009 Alaska State Statutes relating to Air Quality 28 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) monitoring activities must be consistent with the applicable emis sion standards and their permit or permit application requirements.

Sec. 46.14.190. Single permit.

(a) Except as provided in (b) of this section, the department shall issue only a single operating permit to a stationary source, regardless of whether the s tationary source contains a single emissions unit or multiple emissions units.

(b) The department may, upon request of a stationary source owner or operator, issue more than one permit for the stationary source. Substantive and procedural requirements oth erwise applicable to a stationary source remain applicable regardless of whether the stationary source owner and operator apply for one or more permits.

Sec. 46.14.200. Review of permit action.

A person who has a private, substantive, legally protected int erest under state law that may be adversely affected by the permit action, the owner and operator, or, if a public comment process is required or solicited, a person who participated in the public comment process may request an adjudicatory hearing under t he department's adjudicatory hearing procedures. After the issuance of an adjudicatory hearing decision, a party to the hearing may obtain judicial review of that decision as provided in the Alaska Rules of Appellate Procedure.

Sec. 46.14.210. General oper ating permits.

After notice and opportunity for public comment and hearing, the department may, unless the permit is disapproved by the federal administrator, establish a general operating permit that would be applicable to more than one stationary source determined by the department to be similar in emissions unit structure. A general operating permit must contain provisions that meet the requirements of this chapter that are applicable to operating permits. A general operating permit issued to a particula r person takes effect when the person's application is determined to be complete unless the department notifies the applicant that the general permit is not applicable to the person's stationary source.

Sec. 46.14.211. General minor permits.

After notice a nd opportunity for public comment and hearing, the department may establish a general minor permit that would be applicable to more than one stationary source determined by the department to be similar in structure. If authorized by the department, a permi t issued under this section may be valid for multiple locations in this state. A general minor permit must contain provisions that meet the requirements of this chapter that are applicable to a minor permit.

Sec. 46.14.215. Temporary operations.

For purpos es of AS 46.14.130 (b), the department may issue a single operating permi t under AS

46.14.170 , authorizing a stationary source to operate at spec ific multiple locations in the state2009 Alaska State Statutes relating to Air Quality 29 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 for temporary periods of time. A permit described in this section is valid only for the specific locations identified in the application and authorized by the department. The department may not issue a permit under this section unless the permit contains conditions that will ensure compliance with this chapter at each authorized location, including compliance with ambient air quality standards and applicable increment or visibility requirements adopted under this chapter

. A permit under this section must require the owner and operator to notify the department at least 10 days before a change in location of a stationary source permitted under this section.

Sec. 46.14.220. Objection by federal administrator.

(a) An operati ng permit may not be issued under this chapter until the federal administrator approves the permit, or until 45 days after a copy of the final draft permit has been provided by the department to the federal administrator, whichever is earlier. If, during t he 45

- day period, the federal administrator files an objection with the department, the department shall notify the applicant of the objection. The department may not issue the permit until the objection is resolved or the permit is revised to meet the obj ection of the federal administrator. Upon request of an applicant, the department shall assist the applicant in an effort to resolve promptly an objection by the federal administrator.

(b) Within 60 days after the close of the 45

- day period under (a) of t his section and in accordance with procedures established in federal regulations adopted under 42 U.S.C. 7661d(b)(2) (Clean Air Act, sec. 505(b)(2)), a person may petition the federal administrator to file an objection to the permit.

Sec. 46.14.230. Durati on of operating permits.

(a) An operating permit under this chapter, including an operating permit that contains a compliance schedule, shall be issued for a fixed term of five years after the date of issue, except as provided for temporary operations und er AS 46.14.215 or unless a shorter term is requested by the permit appli cant.

(b) If a timely and complete application for renewal of an operating permit is submitted to the department, the existing permit issued under this chapter does not expire until the renewal permit has been issued or denied.

Sec. 46.14.235. Federal ter mination, modification, or revocation and reissuance of permits.

The department shall take measures practicable and otherwise lawful to avoid termination, modification, or revocation and reissuance by the federal administrator of permits issued by the depa rtment under this chapter.

Sec. 46.14.240. Permit administration fees.

(a) The owner or operator of a stationary source who is required to apply for a permit under

AS 46.14.130 shall pay to the department all assessed permit administration fees established2009 Alaska State Statutes relating to Air Quality 30 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 under (b) of this section except that the person named in a permit issu ed under AS 46.14.170 shall pay assessed permit administration fees incurred after the date the permit is issued.

(b) The department shall establish by regulation permit administration fees in accordance

with AS 37.10.050

- 37.10.058.

(c) [Repealed, Sec. 60(b), 65 ch 46 SLA 2003].

(d) Costs incurred by the department and other state or local governmental agencies that are assessed against small business facilities that qualify for assistance under AS 46.14.300

- 46.14.310 shall be recovered from emission fees under AS 46.14.250 (h)(2) for the following

services:

(1) providing preapplication consultation, assistance, and completeness review of applications for a permit, an amendment, a permit modification, or a renewal of a permit;

(2) reviewing or assisting in the preparation of specific documents to support a permit for a stationary source ; the documents described in this paragraph include on

- site evaluations.

Sec. 46.14.250. Emission fees.

(a) A person named as permittee in a permit issued under this chapter shall pay to the department all assessed emission fees established under this sec tion.

(b) The department shall establish by regulation an emission fee rate. The rate shall be set on the basis of dollars per ton of air pollutant emitted. The department shall assess emission fees annually on or before July 1 based on a stationary sourc e's estimated assessable emissions for the subsequent fiscal year. The department may allow installment payments of assessed emission

fees.

(c) For a stationary source that begins operation during a fiscal year, the department shall prorate the first year 's fee to cover the time period occurring before the next annual payment date. The owner or operator shall pay the initial emission fee upon commencement of lawful stationary source operation unless authorized to pay by installments under (b) of this secti on. The first year's emission fee may not duplicate a fee paid by a permittee under AS 44.46.025 for the same emissions units for the same time period. If the fees would otherwise be duplicative, the department shall provide a credit toward the emission fee in the amount of the unused balance of

the fee collected under AS 44.46.025 . The unused balance to be credited shall be based on prorating the total original fee under AS 44.46.025 for the time period for which an em ission fee applies.

(d) The department shall design the emission fee rate to distribute the total annual incurred costs described under (h) of this section in a manner so that each permittee is assessed an annual emission fee that reflects an equitable ap portionment of the fees paid by each stationary source type, size, or category. In making an apportionment under (f)(6) of this section, the department shall consider factors such as exemptions or reduced rates for small amounts of emissions, limits2009 Alaska State Statutes relating to Air Quality 31 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 upon a ssessable emissions, exempting small business facilities from the costs of the small business assistance program established under AS 46.14.300 , air pollution prevention efforts, and other factors that may ensure fair distribution of the costs described under (h) of this section.

(e) [Repealed, Sec. 88 ch 56 SLA 2005].

(f) The department shall set the emission fee rate in regulation to implement the policy established in (d) of this section. The department shall base the regulation on the findings of a report, which the department shall make available to the public with prop er notice before adoption of the regulation, that examines

(1) fees assessed;

(2) alternative fee rates or formulas;

(3) types, sizes, or categories of stationary sources, their respective emission quantities, and their previous or proposed fee burden;

(4) apparent inequities encountered in the initial fee rate;

(5) total costs incurred or anticipated to be incurred under (h) of this section; and

(6) other factors that ensure fair distribution of the costs described in (h) of this section.

(g) The de partment shall periodically, and at least every four years, evaluate the fee rate set under this section to determine if it is responsive to the policy established in (d) of this section and shall provide its findings in a report.

(h) In this section,

(1 ) "assessable emission" means the quantity of each air pollutant for which emission fees

are assessed and is the lesser of

(A) the stationary source's potential to emit, in tons per year, each air pollutant; or

(B) the projected annual rate of emissions, in tons per year, of each air pollutant by the stationary source based upon previous actual annual emissions if the permittee can demonstrate to the department its previous actual annual rate of emissions through monitoring, modeling, calculations, or oth er method acceptable to the department;

(2) "emission fees" mean fees assessed to recover costs incurred by the department and other state or local governmental agencies for the implementation of minor permits, for the implementation of construction permi ts, and for operating permits to the extent required under 42 U.S.C. 7661a(b)(3)(A) and federal regulations implementing that provision, for execution of the permit program established under this chapter that are generally not associated with service provi ded to a specific facility, including the costs incurred by the department or a local air2009 Alaska State Statutes relating to Air Quality 32 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 quality program to comply with AS 46.14.010

- 46.14.015; the costs may include rent, utilities, permit program management, administrative and accounting services, and other costs as identified by the department in regulations; the fees sha ll also be sufficient to recover the cost of the small business assistance program under AS 46.14.300

- 46.14.310.

Sec. 46.14.255. Interest and sanctions for nonpayment.

(a) The department may assess interest against the owner and operator after a fee is due under this chapter and is unpaid. Interest assessed under this subsection shall be computed at two percentage points higher than the prime rate, as defined in AS 44.88.599 , for the day the fee was

due.

(b) If a permittee has failed to pay a fee imposed under AS 46.14.240

- 46.14.250, a penalty, assessment, or damage award imposed under AS 46.03.760 (e) or 46.03.790 for a violation of this chapter, or interest imposed under (a) of this section, the department may, after 30 days' written notice to the permittee, revoke a minor permit, refuse to issue or renew permits requested by the permittee, or refuse to amend or modify a permit when the amendment or modification is requested by the permittee.

Sec. 46.14.260. Clean air protection fund.

(a) The clean air protection fund is es tablished. The fund consists of fees collected by the department under AS 46.14.240 and 46.14.250 and under regulations authorized by AS

46.14.140 , as required by 42 U.S.C. 7661a(b)(3)(C)(iii) (Clean Air Act, sec. 502(b)(3)(C)(iii)) for state participation in the federal emission control permit program.

(b) The money deposited into the clean air protection fund may only be used to cover the reasonable direct and indirect costs required to support the permit program under this chapter and the activities of the small business assistance program that are directed at stationary sources subject to this chapter, not including court costs or other c osts associated with an enforcement

action.

Sec. 46.14.265. Emission control permit receipts account.

(a) The emission control permit receipts account is established in the state treasury. Under

AS 37.05.146 (c), money received by the department in payment of fees under AS 46.14.240 and 46.14.250 and under regulations adopted under AS 46.14.140 , other than fees described in AS

46.14.260 (a), shall be deposited in the account. Appropriations from the account are not made from the unrestricted general fund.

(b) Nothing in this section create s a dedicated fund.

Sec. 46.14.270. Special account.

Civil or criminal penalties, fines, assessments, or damages, and interest, attorney fees, and costs collected as a result of a violation relating to this chapter and interest collected under AS2009 Alaska State Statutes relating to Air Quality 33 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 46.14.255 shall be deposited in the general fund and credited to a special account called the "clean air protection account."

Sec. 46.14.275. Timely and complete application as shield.

If an owner and operator have submitted a timely and complete application for a permit or a permit renewal, as applicable, but final action has not been taken on the application, the owner's and operator's failure to have an operating permit is not a violation of this chapter unless the delay in final action was due to the failure of the owner and operator to submit, in a timely manner, additional informat ion required or requested to process the application. An owner and operator required to have an operating permit under this chapter are not in violation of the operating permit program established under this chapter before the date on which the owner and

o perator are required to submit an application under AS 46.14.150

.

Sec. 4 6.14.280. Termination, modification, reopening, or revocation and reissuance of permits by the department.

(a) After 30 days' written notice to the permittee, the department

(1) may terminate, modify, or revoke and reissue a construction, operating, or m inor permit if the department finds that

(A) the permit was obtained by misrepresentation of material fact or by failure of the owner and operator to disclose fully the facts relating to issuance of the permit;

(B) the permittee has violated this chapter , a regulation, a judicial or administrative order, or a material term or condition of a permit, approval, or acceptance issued under this chapter; or

(C) the permittee has failed to construct or modify a stationary source within the time period specified in a construction permit, if any, required under AS 46.14.130 (a);

(2) may modify, or revoke and reissue a construction, operating, or minor permit if the department finds that

(A) the permit contains a material mistake; or

(B) there has been a material change in the quantity or type of air pollutant emitted from the stationary source; or

(3) shall reopen a permit issued under this chapter

(A) based on a determination of the federal administrator or the department that the permit

mu st be revised to comply with 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted

under 42 U.S.C. 7401

- 7671q; or2009 Alaska State Statutes relating to Air Quality 34 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (B) to incorporate changes in law, or to impose equivalent emission limitations, that become applicable after the permit is issued if the permit is issued to a major source and has a remaining duration of three or more years; the department shall make revisions allowed under this subparagraph as soon as practicable, but, regarding a change in law, not later than 18 months

after the c hange in law takes effect; the department may not reopen the permit of a major source under this subparagraph if the change in law is not effective until after the date that the permit expires.

(b) Reopening of a permit under (a)(3) of this section shall be treated as a permit renewal by the department if the procedural requirements for permit renewal have been met.

(c) Proceedings to reopen a permit under this section shall follow the same procedure as for initial permit issuance and shall affect only th ose parts of the permit for which the department had cause to reopen under this section.

Sec. 46.14.285. Amendment and modification of permit upon request of permittee.

(a) A permittee may request

(1) a permit amendment that provides for administrative c hanges to a permit that do not result in material changes in permit terms or conditions, such as changes in the name of the owner or operator, mailing address, registered agent, or assessable emissions;

(2) an expedited authorization for minor changes in permit terms and conditions that provide for flexibility in the operation of a stationary source consistent with 42 U.S.C. 7661a(b)(10) (Clean Air Act, sec. 502(b)(10)), and regulations adopted under that paragraph; the department may adopt regulations tha t include procedures under which the public may participate when an expedited authorization is requested under this paragraph; or

(3) a modification of a permit to authorize significant changes in permit terms and conditions consistent with this chapter a nd regulations adopted under AS 46.14.140

.

(b) The department shall rev iew all requests submitted under (a) of this section and issue or deny the permit amendment or modification or otherwise authorize or deny the request consistent with this chapter and regulations adopted under this chapter.

Sec. 46.14.290. Permit as shield

.

(a) To the extent allowed under 42 U.S.C. 7661c(f) (Clean Air Act, sec. 504(f)), a permittee is considered in compliance with applicable requirements of this chapter, regulations adopted under this chapter and 42 U.S.C. 7401

- 7671q (Clean Air Act) and regulations adopted under it,

if

(1) the applicable requirements are included and specifically identified in the owner or operator's permit; or2009 Alaska State Statutes relating to Air Quality 35 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (2) the requirements are determined in writing not to be applicable to the permitted stationary source; a dete rmination made under this paragraph shall be included in the permit.

(b) This section does not alter or affect

(1) the owner's and operator's obligation to comply with an emergency order issued under

AS 46.03.820 or 42 U.S.C. 7603 (Clean Air Act, sec. 303);

(2) the liability of an owner and operator for a violation of applic able requirements of law before or at the time of permit issuance; or

(3) the ability of the department to obtain information from an owner or operator of a stationary source under AS 46.14.020 (b).

Article 03. SMALL BUSINESS ASSISTANCE PROGRAM

Sec. 46.14.300. Small business assistance program.

(a) A small business assistance program is established in the department. The department shall include the program in the state air quality control plan developed under 42 U.S.C. 7401

- 7671q (Clean Air Act).

(b) The small business assistance program shall, by regulation, meet the requ irements of 42 U.S.C. 7661f(a) (Clean Air Act, sec. 507(a)), including the requirement that a small business advocate be designated.

(c) Except as provided in AS 46.14.310 (b), the department shall provide assistance as described in (b) of this section to a requesting stationary source that is not a small business

concern as d efined in 15 U.S.C. 632 but that is subject to the requirements of this chapter if the legislature appropriates money from the general fund for this purpose.

Sec. 46.14.310. Power to limit small business assistance program.

(a) After consultation with the federal administrator and the administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, the department may exclude from the scope of the small business assistance program

established in AS 46.14.300 a category or subcategory of small business facilities that the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter and federal law without the assistance provided under AS 46.14.300

- 46.14.320.

(b) Nothing in AS 46.14.300 (c) precludes the department from excluding a business facility or category of business facilities th at the department finds to have sufficient technical and financial capabilities to meet the requirements of this chapter without assistance from the department.

Sec. 46.14.320. Compliance advisory panel.2009 Alaska State Statutes relating to Air Quality 36 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) There is established in the department a compli ance advisory panel whose members shall serve staggered three

- year terms. A member may not serve more than two three

- year terms consecutively.

(b) The panel consists of

(1) two members who are not owners or representatives of owners of small business facilities, selected by the governor to represent the general public;

(2) one member selected by the commissioner to represent the department; and

(3) four members who are owners or representatives of owners of small business facilities,

selected as follows:

(A) one shall be selected by the president of the senate and one shall be selected by the speaker of the house;

(B) if there are members of the senate who are not part of the majority caucus of the senate, the leader of the largest nonmajority group shall select a panel member; if all members of the senate are in the majority caucus, then the president of the senate shall select a second panel

member in addition to the selecti on authorized under (A) of this paragraph;

(C) if there are members of the house who are not part of the majority caucus of the house, the leader of the largest nonmajority group shall select a panel member; if all members of the house are in the majority caucus, then the speaker of the house shall select a second panel member in addition to the selection authorized under (A) of this paragraph.

(c) The panel members shall serve without compensation but are entitled to transportation expenses and per diem as authorized for members of boards and commissions under AS

39.20.180

.

(d) The compliance advisory panel shall

(1) elect a chair and agree upon procedures by which the panel will function;

(2) meet annually and at the call of the chair and give public notice of panel meetings as required under AS 44.62.310

- 44.62.312;

(3) prepare advisory opinions concerning the effectiveness of the small bus iness assistance program, difficulties encountered in making the program efficient and effective, and degree of enforcement and severity of air pollution offenses;

(4) make periodic reports to the administrator concerning the compliance of the small business assistance program with requirements of 44 U.S.C. 3501 (Paperwork Reduction Act), 5 U.S.C. 601 (Regulatory Flexibility Act), and 5 U.S.C. 504 (Equal Access to Justice Ac t);2009 Alaska State Statutes relating to Air Quality 37 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (5) review information designed to assist small business facilities in complying with this chapter to ensure that the information is understandable by the public; and

(6) use the assistance of the small business advocate designated under AS 46.14.300 (b) in the development and dissemination of panel reports and advisory o pinions.

Article 04. LOCAL PROGRAMS

Sec. 46.14.400. Local air quality control programs.

(a) With the approval of the department, a municipality may establish and administer within its jurisdiction a local air quality control program that operates in lieu of and is consistent with all or part of the department's air quality program as established under this chapter. A first or second class borough may administer an air quality control program approved by the department

under this subsection on an areawide b asis and is not subject to the restrictions for acquiring additional areawide powers specified in AS 29.35.300

- 29.35.350. A third class borough may administer a local air quality control program approved by the department under this subsection only in a service area formed under AS 29.35.490 (b) or (c).

(b) With the approval of the department, two or more municipalities or other entities may

crea te a local air quality district for the purpose of jointly administering a local air quality control program within the boundaries of the air quality district.

(c) If the department finds that the location, character, or extent of particular concentration s of population, air pollutant emissions units, the geographic, topographic, or meteorological considerations, or a combination of these factors make impracticable the maintenance of appropriate levels of air quality without an areawide air pollution contr ol program, the department may determine the boundaries within which a local air quality control program is necessary and direct that a local air quality control program spanning those boundaries is the only acceptable alternative to direct state administr ation.

(d) A municipality or a local air quality district seeking department approval for a local air quality control program shall enter into a cooperative agreement with the department that is designed to avoid unnecessary duplication of responsibilitie s. The cooperative agreement must include provisions specifying

(1) the respective duties and authority of the department and the municipality or local air quality district in the administration of the local air quality control program;

(2) the authority of the municipality or the local air quality district to employ staff to administer the local air quality control program;

(3) duties of staff employed under (2) of this subsection;2009 Alaska State Statutes relating to Air Quality 38 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (4) the procedures that must be followed by the municipality or local a ir quality district when requesting money from the clean air protection fund to cover the costs of implementing the municipality's or district's air quality program;

(5) the procedures that will be used by the department in approving a request under (4) o f this subsection and submitting it to the legislature for funding;

(6) respective enforcement responsibilities of the department and the municipality or the local air quality district;

(7) that if the municipality or local air quality control district s eeks authority to take action under (f) of this section, the municipality or local air quality control district will use procedures that are substantially equivalent to those required under AS 46.14.010 and 46.14.015.

(e) A local air quality control program shall provide for the exemption of a locally registered motor vehicle from motor vehicle emission requirements adopted under AS 46.14.510 if the motor vehicle is not used within the program's jurisdiction.

(f) A municipality or a local air quality district administering a program under t his section shall administer its local air quality control program according to this chapter, regulations adopted under those sections, and its cooperative agreement under (d) of this section. A municipality or local air quality district's program may, upo n a finding by the local agency and an affirmative agreement by the department, establish a more stringent requirement than the stationary emissions unit permit program authorized under this chapter if public health or air quality effects provide a reasona ble basis to regulate the emissions unit with the additional or more stringent requirement and the municipality or district has used procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015 before establishing the more stringent requirement. This subsection does not prohibit a municipality or local a ir quality control district from establishing a mobile source emissions program more stringent than the state program without making findings of public health or air quality effects or using procedures substantially equivalent to those required under AS 46.14.010

- 46.14.015. In this subsection,

"mobile source" does not include tank vessels or other watercraft.

(g) A determination, order, permit, or permit action issued under a local air quality control program is considered to be a determination, order, permit, or permit action of the department.

(h) Notwithstanding any other law or rule of law, the department may not delegate or enable another department or government entity to establish fee rates or collect fees under AS 46.14.240

or 46.14.250.

(i) If a municipality or a local air quality district administering a program under this section requires emissions inspection for a motor vehicle, emiss ion inspection may not be required more than once every two years.

(j) A person who operates a motor vehicle in violation of emissions requirements imposed under this section is guilty of a violation and, upon conviction, shall be fined an amount not to2009 Alaska State Statutes relating to Air Quality 39 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 e xceed $500. It is the intent of the legislature that money collected under this subsection be appropriated to promote air quality control programs in municipalities.

Sec. 46.14.410. Inadequacy of local program.

(a) If a municipality or a local air quality district has an approved local air quality control program under AS 46.1 4.400 and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out

its det ermination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.

(b) If, afte r the hearing, the department upholds the determination made in the written notice, the department shall provide the municipality or local air quality district with a written finding setting out the nature of the deficiencies and a description of the neces sary action to be taken to ensure that the local air quality control program prevents or controls air pollution. The department shall provide its finding to the municipality or district within 45 days after closure of the public hearing record. The departm ent shall set a reasonable period of time for the municipality or local air quality district to take corrective action in response to the department's finding.

(c) If the municipality or local air quality district fails to take corrective action within th e time period set by the department under (b) of this section, the department shall terminate the cooperative agreement and resume management of air quality control in the affected jurisdiction. If the municipality or the local air quality district partial ly remedies, to the department's satisfaction, the deficiencies found in the determination, the department shall amend the cooperative agreement to reflect a modified allocation of responsibilities between the department and municipality or the local air q uality district.

(d) A municipality or local air quality district that has had its cooperative agreement terminated may, with the department's approval, resume a local air quality control program if the municipality or district agrees to comply with AS 46.14.400 and with any corrective action plan required by the department.

(e) If the department finds that control of a particular class of stationary source or emissions unit, because of its complexity or magnitude, is beyond the reasonable capability of the municipality or the local air quality district or may be more efficien tly and economically controlled at the state level, the department may assume and retain jurisdiction over the class of stationary source or emissions unit. Classifications under this subsection may be based on the nature of stationary sources or emissions units involved, their size relative to the size of the communities in which they are located, or another basis established by the department.

Article 05. MISCELLANEOUS PROVISIONS

Sec. 46.14.500. Air pollution from outer continental shelf activities.2009 Alaska State Statutes relating to Air Quality 40 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (a) The department shall seek delegation of authority from the federal administrator to implement and enforce the terms and provisions of 42 U.S.C. 7627 (Clean Air Act, sec. 328) for the Pacific and Arctic Ocean areas offshore of the state. The department may adopt regulations that are necessary to acquire this delegated authority.

(b) In adopting regulations under this section, the department shall ensure that stationary sources located within 25 miles of the seaward boundary of the state are subject to the s ame air quality control requirements that would be applicable if the stationary source were located in the corresponding onshore area. For purposes of this subsection, stationary sources located within 25 miles of the seaward boundary of the state include a vessel servicing or associated with the stationary source while at the stationary source or en route to or from the stationary source and within 25 miles of the stationary source.

(c) In this section, "corresponding onshore area" means, with respect to a stationary source located within 25 miles of the seaward boundary of the state, the onshore attainment or nonattainment area that is closest to the stationary source, unless the commissioner determines that another area with more stringent requirements r elating to control and abatement of air pollution may reasonably be expected to be affected by emissions from the offshore stationary source; this determination shall be based on the potential for air pollutants from the stationary

source to reach the othe r onshore area and the potential of the air pollutants to affect the efforts of the other onshore area to attain or maintain a federal ambient air quality standard set under 42

U.S.C. 7470

- 7492 (Title I, Part C, Clean Air Act) or a state equivalent.

Sec. 46.14.510. Motor vehicle pollution.

(a) When the department determines that the state of knowledge and technology may allow or make appropriate the control of emissions from motor vehicles to further air quality control, the department may provide, by re gulation, for the control of the emissions from motor vehicles. The regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of this equipment.

(b) Unless oth erwise exempted by law, a person shall maintain in operating condition any element of the air pollution control system or mechanism of a motor vehicle that the department, by regulation, requires to be maintained in or on the motor vehicle.

(c) The depart ment shall consult with the Department of Administration regarding implementation of the motor vehicle pollution control program. The Department of Administration shall cooperate with the department in implementing the program. As a part of a

motor vehicle pollution control program, the department or a municipality that enforces a motor vehicle pollution control program may determine if a vehicle is properly registered as required by law.

(d) If the department adopts regulations requiring the maintenance o f air pollution control systems or mechanisms in motor vehicles to control emissions from the vehicle, a motor vehicle subject to those regulations may not be issued a certificate of inspection unless the required air pollution control system or mechanism has been inspected in accordance with the standards,2009 Alaska State Statutes relating to Air Quality 41 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 testing techniques, and instructions furnished by the department and the motor vehicle has been found to meet those standards. A valid certificate of inspection for the emission control system, if requir ed by the department, must be presented to the Department of Administration before that department may register a motor vehicle.

(e) If the department adopts regulations requiring emissions inspection for a motor vehicle, the department may not require th e vehicle be inspected more than once every two years.

(f) A person who fails to display an emissions inspection decal as required by law is guilty of a violation and, upon conviction, shall be fined an amount not to exceed $500. It is the intent

of the l egislature that money collected under this subsection be appropriated to control pollution

from motor vehicle emissions.

(g) In addition to the emission control inspection program fee imposed under AS 28.10.423

, the department or a municipality may impose a fee upon a vehicle required to be inspected under

a motor vehicle emission control program established under this chapter, but the fee may not exceed the actual costs of the department or the municipality in administering

(1) the motor vehicle emission control inspection program; and

(2) the related ambient air monitor ing program.

Sec. 46.14.515. Inspection.

(a) An officer or employee of the department designated by the commissioner or an inspector authorized by the commissioner and certified under regulations adopted under AS

46.14.140 (a)(14) may, upon presentation of credentials and at reasonable times with the consent of the owner or op erator, enter upon or through any premises of a stationary source regulated under this chapter to

(1) inspect and copy any records required to be maintained;

(2) inspect any emissions unit, monitoring equipment, or method required to be used; or

(3) sam ple any emissions that the owner and operator of the stationary source is required to sample.

(b) During an inspection under this section, the inspector shall comply with applicable health and safety standards.

Sec. 46.14.520. Confidentiality of trade sec rets.

Records, reports, and information, and parts of records, reports, and information, other than emission data, in the department's possession or control are considered confidential records and shall be kept confidential and in separate files if the own er and operator have certified under oath to the department or authorized local program that2009 Alaska State Statutes relating to Air Quality 42 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (1) public disclosure would tend to affect adversely the owner's and operator's competitive position; and

(2) the records, reports, or information, or parts of t he records, reports, or information, would divulge production figures, sales figures, processes, production techniques, or financial data of the owner and operator that are entitled to protection as trade secrets under AS 45.50.910

- 45.50.945 (Alaska Uniform Trade Secrets Act).

Sec. 46.14.525. Public records.

Except as provide d in AS 46.14.520 , permits, permit applications, emissions and monitorin g reports, compliance reports, certifications, and monitoring, reporting, and quality assurance plans in the department's possession or control are available to the public for inspection and copying.

Sec. 46.14.530. State and federal aid.

(a) A municipali ty or local air quality district with a local air quality control program may apply for, receive, administer, and spend state aid for the control of air emissions or the development and administration of the program if an application is first submitted to and approved by the department. Subject to available money appropriated by the legislature for the purpose of this section, the department may approve an application if it is consistent with the terms and conditions of the applicable cooperative agreement and meets the requirements of this chapter.

(b) A municipality or local air quality district with a local air quality control program may apply for, receive, administer, and spend federal aid for the control of air emissions or the development and adminis tration of the program.

Sec. 46.14.535. Grants.

(a) Subject to appropriation, the department may award grants of federal or other funds received by the department for the control of air emissions or the development or administration of air quality control programs in the state.

(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this section.

Sec. 46.14.540. Authority of department in cases of emergency.

(a) When the commissioner finds that an act of God, act of war, act of terrorism, or similar catastrophe necessitates emergency use of an unpermitted emissions unit or emergency use of a permitted emissions unit in a manner not authorized by the permit, the commissioner may waive procedural r equirements of this chapter and issue an order to authorize emergency use of the emissions unit. When acting under this section, the commissioner shall impose conditions necessary to protect life, human health, welfare, property, and the environment and ma y impose other conditions the commissioner finds necessary and appropriate.2009 Alaska State Statutes relating to Air Quality 43 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (b) An authorization issued under this section automatically terminates within a reasonable time after abatement of the emergency, subject to a maximum of 30 days from the date of issuance. However, the commissioner may reissue an authorization, if warranted, that may remain in effect for up to another 30 days. An authorization may be reissued more than once.

(c) A person acting under an order issued under (a) of this section is c onsidered to be acting in compliance with the operating permit program established in this chapter.

(d) The commissioner may delegate the commissioner's authority under this section to deputy commissioners and division directors in the department.

Sec. 46 .14.550. Responsibilities of owner and operator; agent for service.

Notwithstanding use of the conjunctive or disjunctive in a provision of this chapter, before issuance of a permit under this chapter both the owner and operator of a stationary source are responsible for compliance with this chapter and regulations adopted under this chapter. If the owner and operator of the stationary source are separate persons, only one person is required to discharge a specific responsibility. After issuance of a permit under this chapter, only the permittee is responsible for permitted operations. The permittee shall have a designated agent for service of process in the state.

Sec. 46.14.560. Unavoidable malfunctions and emergencies.

Excess emissions caused by an unavoi dable emergency, a malfunction, or nonroutine repairs of an emissions unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140, to an action brought for no ncompliance with a technology

- based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requ irement.

Article 06. GENERAL PROVISIONS

Sec. 46.14.900. Limitations.

This chapter does not

(1) grant jurisdiction or authority with respect to air contamination existing solely within a residential dwelling or a commercial or industrial plant, workplace, or shop;

(2) affect the relations between employers and employees with respect to or arising out of a condition of air contamination or air pollution; or

(3) supersede or limit the applicability of a law or ordinance relating to sanitation, industrial

he alth, or safety.

Sec. 46.14.990. Definitions.2009 Alaska State Statutes relating to Air Quality 44 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 In this chapter,

(1) "air pollutant" has the meaning given in 42 U.S.C. 7602 (Clean Air Act, sec. 302);

(2) "ambient air" has the meaning given in 40 C.F.R. 50.1;

(3) "ambient air quality standard" means a s tandard, other than an emission standard, adopted under AS 46.14.010 , 46 .14.140, 46.14.400(f), or 42 U.S.C. 7409 (Clean Air Act, sec. 109);

(4) "building, structure, facility, or installation" has the meaning given in 40 C.F.R. 51.166(b) except that it includes a vessel

(A) that is anchored or otherwise permanently or tempor arily stationed within a locale;

(B) upon which a stationary source or stationary sources are located; not including stationary sources engaged in propulsion of the vessel; and

(C) that is used for an industrial process, excluding a tank vessel in the tr ade of transporting cargo; in this subparagraph, "industrial process" means the extraction of raw material or the physical or chemical transformation of raw material in either composition or character;

(5) "commissioner" means the commissioner of environm ental conservation;

(6) "construction" has the meaning given in 40 C.F.R. 51.166(b);

(7) "construction permit" means a permit under AS 46.14.130 (a), including all relevant exhibits, addendums, transmittal l etters, compliance schedules, administrative orders, emergency orders, and court orders;

(8) "department" means the Department of Environmental Conservation;

(9) "emission" means a release of one or more air pollutants to the atmosphere;

(10) "emission limitation" and "emission standard" have the meanings given in 40 C.F.R. 51.100;

(11) "emissions unit" has the meaning given in 40 C.F.R. 51.166(b)(7) or 40 C.F.R. 70.2, depending on the context in which the term is used;

(12) "federal administrator" mea ns the administrator of the United States Environmental Protection Agency;

(13) [Repealed, Sec. 82 ch 41 SLA 2009].2009 Alaska State Statutes relating to Air Quality 45 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (14) "hazardous air pollutant" means a pollutant listed in or under 42 U.S.C. 7412(b) (Clean Air Act, sec. 112(b));

(15) "local air qual ity control program" means a program authorized under AS 46.14.400 to imp lement some or all of the provisions of this chapter;

(16) "major modification" means a change that meets the definition of "major modification" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(17) "major stationary source" means a stationary source o r physical change that meets the definition of "major stationary source" under either 40 C.F.R. 51.165 or 40 C.F.R. 51.166;

(18) "operating permit" means a permit under AS 46.14.130 (b), including all relevant exhibits, addendums, transmittal letters, compliance schedules, administrative orders, emergency orders, and court ord ers;

(19) "operator" means a person or persons who direct, control, or supervise a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(20) "owner" means a person or persons with a proprietary or possess ory interest in a stationary source or emissions unit that has the potential to emit an air pollutant to the atmosphere;

(21) "person" has the meaning given in AS 01.10.060 and also includes an agency of the United States, a municipality, the University of Alaska, the Alaska Railroad Corporation, and other departments, agencie s, instrumentalities, units, and corporate authorities of the state;

(22) "potential to emit" has the meaning given in 40 C.F.R. 51.166(b);

(23) "regulated air pollutant" means an air pollutant subject to regulation under 42 U.S.C.

7401

- 7671q (Clean Ai r Act);

(24) "small business facility" means a stationary source that

(A) is owned or operated by a person who employs 100 or fewer individuals;

(B) is a small business concern as defined in 15 U.S.C. 632; and

(C) emits less than 100 TPY of regulated a ir pollutants;

(25) "stack" has the meaning given in 40 C.F.R. 51.100;

(26) "stationary source" has the meaning given in 40 C.F.R. 51.166(b) or 40 C.F.R. 70.2, depending on the context in which the term is used;2009 Alaska State Statutes relating to Air Quality 46 of 46 Correct as posted on http://www.legis.state.ak.us/basis/folio.asp as of July 1, 2010 (27) "tank vessel" means a waterborne ves sel, ship, or barge, whether or not self

- propelled, that is constructed or converted to carry cargo; "tank vessel" includes a tanker, tank ship, or combination carrier, but does not include a vessel that is loading or unloading

(A) cargo in sealed drums, barrels, or other packages; or

(B) petroleum or petroleum products solely as fuel for use on that vessel;

(28) "TPY" means tons per year.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (d)

Copy of Actual Regulation Signed with Effective Date Indicated:

The Department of Environmental Conservation 18 AAC 50 Air Quality Control Regulations, As amended through May 8, 20 13 (with register number 206, July 2013 )

.

See section 2.1 (b) for Lt. Governor’s filing memo dated April 9, 2013

.

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (e)

Evidence State Procedural Requirements Satisfied:

and

40 C.F.R. Part 51 Appendix V 2.1. (f)

Da ted E vidence of Proper Public Notice:

and

40 C.F.R. Part 51 Appendix V 2.1. (g)

Certification that Public Hearings were Held if Applicable:

Affidavit of Notice of Proposed Adoption of Regulations and Furnishing of Additional Information signed by Rebe cca Tyson Smith dated February 22, 2013

.

Public Notice signed by Commissioner Larry Hartig dated January 11 , 201 3

.

Affidavit of Publication

, Anchorage Daily News

, dated January 12

- 14 , 201 3 (affidavit signed January 14, 2013 ).

Affidavit of Publication, F airbanks Daily News Miner, dated January 1 2

- 14,

2013 (affidavit signed January 15, 2013 ).

Affidavit s of Oral Hearing s signed by Cynthia L. Heil and Joan E. Hardesty

dated February 13, 2013

.NOTICE

OF PROPOSED CHANGES

TO THE REGULATIONS

OF THE ALASKA DEPARTMENT

OF ENVIRONMENTAL CONSERVATION BRIEF DESCRIPTION The Alaska Department

of Environmental Conservation

(ADEC)

is proposing

a regulation amendment

in order

to adopt

the Anchorage

and Fairbanks
Carbon Monoxide
Limited Maintenance

Plans

into

the State

Air Quality

Plan.

If adopted,

these plans

will

be submitted to the U.S. Environmental
Protection
Agency (EPA)

for final approval. ADEC proposes

a regulation amendment

in Title

18 of the Alaska Administrative

Code (AAC), Chapter

50 Air Quality Control; specifically

at

18 AAC 50.030
State

Air Quality

Plan.
This regulation

is being amended

to adopt

the following documents

into Alaska’s

State

Air Quality Plan
also known

as the State Implementation

Plan (SIP). Adopting

these documents

into
the SIP is accomplished

in regulation

by updating

the adoption

date

at

18 AAC 50.030

each time

a SIP document

is amended

and approved.

The following documents

will

be adopted

into
the SIP with this regulation amendment: Volume

II, Section

III.

A: Statewide Carbon Monoxide Control Program

is being revised

and readopted

to reference changes

being made

to the Municipality

of Anchorage’s (MOA)

and

the Fairbanks

North

Star Borough’s

(FNSB) Carbon Monoxide

(CO) Limited Maintenance

Plans (LMP).

Both MOA

and the FNSB
have submitted,

for approval

and adoption, their second, 10-year

CO LMPs which verify continued attainment

and maintenance

of the CO state

air quality standard
within
their respective

CO maintenance

areas. • Volume

II, Section

III.

B: Anchorage Transportation

Control Program

is MOA’s CO LMP.

This
plan

is being revised

and readopted

to cover MOA’s second, 10-year maintenance

period
(July

23, 2014 through

July

22, 2024). • Volume

II, Section

III.

C: Fairbanks Transportation

Control Program

is the FNSB’s

CO LMP.

This plan

is being revised

and readopted

to cover FNSB’s second, 10-year maintenance

period (September

27, 2014, through September

27, 2024). • Volume

III (Appendices

to Volume

II)

is being revised

and readopted

to include MOA’s

and FNSB’s assembly resolutions supporting

the adoption

of their respective
second,

10- year

CO LMPs. The proposed regulations

are intended

to meet

the requirements

of AS 46.14.030

which directs ADEC

to develop

a state

air quality control

plan

to satisfy Section

110 (Title

42 U.S.C. Chapter 85

§ 7410)

of the Clean

Air Act. Once adopted,

these regulations

will

be submitted

to EPA

for approval

and eventual inclusion

in the revised

SIP.You may comment

on the proposed regulation
change, including

the potential

costs

to private persons

of complying

and alternative practical methods

of complying

with

the proposed changes, by submitting

written comments

to Scott Sloane, Division

of Air Quality, ADEC,

410 Willoughby

Avenue,

Suite
303, P.O. Box 111800, Juneau, Alaska 99811-1800;

or by facsimile at: (907) 465-5129. Comments

must

be received

by 5:00 p.m.

on Friday, February

15, 2013. Comments received

after
this date will
not

be considered

in final action

on these rules. The Department

will hold public hearings

on this proposal

on Tuesday, February

12, 2013 from 11:30

am— 1:30 p.m.

at the following locations:

1) ADEC Bayview

Office Building, Conference Room

A, 619 Ship Creek Drive, Anchorage,

Alaska;

and

2) Noel Wien Public Library,

1215 Cowles
Street, Fairbanks,

Alaska.

Oral

or written comment

may

be submitted

at the hearings. The hearings

will

be extended

if necessary

to accommodate

those present before

1:30 p.m. who did not have

an opportunity

to comment.

If you will
not

be able

to attend

a public hearing

in person please contact

Scott Sloane

at (907) 465-5176

five days prior

to the hearing

to make arrangements

to participate

by phone.

The State

of Alaska, Department

of Environmental Conservation

complies

with Title

II of the Americans

with Disabilities

Act

of 1990.

If you

are

a person

with

a disability

who may need

a special accommodation

in order

to participate

in this public process,
please contact Deborah

Pock

at (907) 269-0291

or TDD Relay Service
1-800- 770-8973/TTY

or dial

711

by Friday, February

8, 2013

to ensure

that

any necessary accommodations

can

be provided. For

a copy

of the proposed regulation
changes

please

refer

to this ADEC webpage https ://rnyalaska. state.ak.us/dec/air/airtoolsweb/PublicPermitListings.aspx,

or contact

Scott Sloane

by telephone

at (907) 465-5176,

or by e-mail

at scott.sloane(a1aska.gov.

After

the public comment

period

ends

on February

15, 2013, ADEC

will either adopt these

or other provisions dealing

with

the same subject, without further 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 subject

to public inspection. Statutory Authority:

AS 46.03.010,

AS 46.03.020,

AS 46.14.030,

AS 46.14.400 Statutes

Being Implemented, Interpreted,

or Made Specific:

AS 46.14.030,

AS 46.14.400 Fiscal Information:

The proposed regulation changes

are not expected to/require

an increased appropriation.

—2

‘/ Dated: January

11, 2013

Larry Hartig, Commissioner

### 40 C

. F

. R

. P art 51 A ppendix V 2.1. (h)

Compilation of Public Comm ents and the State Response to the m:

Affidavit of Agency Record of Public Comment signed by Rebecca Tyson

Smith dated February 22, 2013

.

### Additional Information :

V olume II: Analysis of Problems, Control Actions
Section III.B Anchorage Transportation Control Program , Adopted
February 22, 2013

 Revised Sections:

o III.B.4 Carbon Monoxide Monitoring Program

,

o III.B.10 Air Quality Conformity Procedures

 New Section:

o III.B.12 Limited Maintenance Plan for 2014

- 2024

V olume II: Analysis of Problems, Control A ctions
Section III.C Fairbanks Transportation Control Program , Adopted
February 22, 2013

 Revised Sections:

o III.C.3 Air Quality Emissions Data

o III.C.4 Carbon Monoxide Network Monitoring Program

o III.C.6 Modeling and Projections

o III.C.10 Air Quality Confor mity Procedures

 New Section :

o III.C.12 Limited Maintenance Plan for 2014

- 2024

Volume III, Appendices to Volume II is amended as follows :

V olume II, Section II. Air Quality Control Program is amended as

follows:

1 8 AAC 50 Air Quality Control as amended thr ough January 4,
2013, is removed and replaced with 18 AAC 50 Air Quality
Control as amended through May 8, 2013; section to be reviewed
and approved is the lead

- in language of 18 AAC 50.030 with the
adoption date of Volumes II and III of the State Air qual ity
Control Plan as amended through February 22, 2013.

Volume II, Section III.B Anchorage Transportation Control Program
Appendix III.B.1 is amended by adding the following document:

### Addition of Anchorage Assembly Resolution No. 2013

- 20,
dated January 29, 2013, a resolution of the Municipality of
Anchorage adopting revisions to the Anchorage Carbon
Monoxide Maintenance Plan (dated January 29, 2013)

Appendix III.B.10 is amended by adding the following document:
ADEC Affidavit of Oral Hearing

Volume II, Se ction III.C Fairbanks Transportation Control Program
Appendix III.C.1 is amended by adding the following document:
Fairbanks North Star Borough Assembly Resolution No.

2013

- 05, dated January 10, 2013, a resolution of the
Fairbanks North Star Borough adopti ng revisions to the
Fairbanks Carbon Monoxide Maintenance Plan (dated
January 10, 2013)

Appendix III.C.10 is amended by adding the following document:
ADEC Affidavit of Oral Hearing

# Alaska Department of Environmental Conservation

Amendments to:

State Air Quality Control Plan
Vol. II: Analysis of Problems, Control Actions Section III.B: Anchorage Transportation Control Program

**Adopted**

February 22 , 2013

Sean Parnell, Governor

Larry Hartig, CommissionerAdopted February 22 , 201 3

(This page serves as a placeholder for two

- sided copying)Adopted February 22 , 201 3



# Anchorage

CO Limited Maintenance Plan

A plan addressing the second 10 years of the 2004

- 2024 CO maintenance planning period

Vol. II: Analysis of Problems, Control Actions Section III.B: Anchorage Transportation Control Program

Prepared by the Municipality of Anchorage Department of Health and Human Services

for submission to the Alaska Department of Environmental Conservation

for inclusion in the State Implementation Plan for Air QualityAdopted February 22 , 201 3

(This page serves as a plac eholder for two

- sided copying)Adopted February 22 , 201 3

A note for reviewers of this document.

This document is organized and formatted to be consistent with the State of Alaska Air Quality Control Plan or SIP

. It constitutes a proposed amendment to the Anchorage

CO Maintenance Plan which was approved by the Anchorage Assembly in May 2011.

Th at Plan comprised eleven sections ( Sections III.B.1

– B.11 ) of the SIP.

This proposed amendment adds a new Section III.B.12, entitled Limited Maintenance Plan for 2014

- 202 4 and revises Section III.B.10, which addresses air quality conformity procedures for CO. Minor changes were also made to Section III.B.4 that provide flexibility in number and location of CO monitoring sites that must be operated in Anchorage. Other secti ons of the Plan remain unchanged and are not shown in this

document.

On December 20, 2012, after completion of a public comment period and review by the AMATS Air Quality and Technical Advisory Committees, the AMATS Policy

Committee recommended that the A nchorage Assembly adopt this amendme nt to the

CO Maintenance Plan.Adopted February 22 , 201 3

(This page serves as a placeholder for two

- sided copying)Adopted February 22 , 201 3

III.B. 4

- 1 Introductory Note: In this document each reference to “CAAA” means the Clean Air Act Amendments of 1990, P.L. 101

- 549.

Minor revisions to this section clarify that CO monitoring will be conducted in conformance with federal reg ulation and provide flexibility to make changes in the CO monitoring network, subject to approval by the EPA Administrator.

III.B.4. Carbon Monoxide Monitoring Program

Although emission projections are used to track reasonable further progress (RFP), it is actual ambient air quality monitoring data that determine whether or not an area meets the NAAQS. The difficulty with using ambient monitoring data to assess trends is the fluctuation in pollution concentrations caused by daily, weekly, and yearly var iations in meteorological conditions, traffic levels, and other factors. However, it is important to monitor and compare ambient air quality concentrations to modeled emission projections to determine if the projections are reasonable and credible. Secti on 110(a)(2)(B) of the CAAA (42 U.S.C. 7410(a) (2) (b)) requires that each implementation plan submitted to EPA provide for the establishment and operation of "appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyz e data on ambient air quality."

The Anchorage CO monitoring network is currently comprised of four sampling stations. The MOA uses TECO48 CO analyzers at each station (Figure III.B.4

- 1). These instruments meet all specifications required by the EPA for a mbient CO monitoring and are designated by the EPA as a "reference method" for CO.

Figure III.B.4

- 1 TECO 48 CO Analyzer with Strip Chart Recorder and Data Acquisition System

The monitoring network is operated 24 hours a day from October 1 through M arch 31. Hourly averages of CO levels are provided from each station in the network. These data are uploaded to a central computer every weekday. Data are submitted to EPA on a quarterly basis for inclusion in the nationwide air quality database known a s AQS. CO monitoring is conducted in conformance with guidelines established in federal regulations, EPA guidanceAdopted February 22 , 201 3

III.B. 4

- 2 and instrument manufacturer recommendations. Third party instrument performance audits are conducted by EPA and/or ADEC quarterly.

The loca t ions and the status (as of October 2012) of the stations in the CO monitoring

network are described in Table III.B.4

- 1. The purpose of this network is to characterize the range of CO exposures experienced by Anchorage residents. By analyzing pollution

co ncentration trends over time, CO monitoring stations can also serve to assess the effectiveness of strategies designed to reduce air pollution emissions and improve air quality. Each monitoring station was selected in accordance with guidelines establishe d by the EPA. As more has been learned about the nature of the CO problem in Anchorage, more emphasis has been placed on monitoring CO levels in neighborhoods.

Table III.B.4

- 1

Description of Anchorage CO Monitoring Sites

Location Site Description

T urnagain

(active) Monitoring began at this neighborhood

- scale site in October 1998 CO concentrations measured here were the highest of the twenty sites monitored during a saturation monitoring study conducted in the winter of 1997

- 98. It now exhibits the highest concentrations of the current network. It exceeded the NAAQS once in 1999 and 2001.

Garden (active) Monitoring began at this residential neighborhood location at 16th and Garden Street in 1979. In the early 2000’s, Garden typically recorded high er peak concentrations than the

micro

- scale sites at Seward Highway and at Benson.

Parkgate (active) Monitoring began at this middle

- scale site in Eagle River (approx 10 miles north of Anchorage) in December 2005. Thus far, concentrations appear to be l ow relative to other active sites (i.e., Turnagain, Garden) in the network.

8 th and L Street (active) Monitoring began at this middle

- scale site in downtown Anchorage in October 2007. Thus far, concentrations appear to be low relative to other active s ites in the network.

7th & C Street (discontinued) This station was located mid

- block between 6 th and 7th Avenue on C Street. Monitoring began here in 1973 and was discontinued in 1995. The last exceedance at this site was

recorded in 1990.

Benson ( discontinued) Monitoring began at this micro

- scale site on the southwest corner of Spenard Road and Benson Blvd in 1978. This site frequently recorded exceedances of the NAAQS in the late 1970’s, 1980’s and early 1990’s. The last exceedance was measured here in 1996. Benson was decommissioned in December 2001 when it became evident that the Seward Highway site exhibited higher concentrations.

Sand Lake (discontinued) Monitoring began at this neighborhood

- scale site in 1980 and was discontinued in March 1998. This station was located on Raspberry Road approximately 0.3 miles east of Jewel Lake Road in west Anchorage. The last exceedance was recorded here in 1989.

Seward Highway (discontinued) Monitoring began at this micro

- scale site, located on the s outhwest corner of the intersection of Benson Blvd. and Seward Highway, in October of 1987. In the late 80’s and early 90’s this site frequently measured exceedances of the NAAQS. However, no exceedances were measured after calendar year 1996. This stati on was decommissioned in December 2004 when it became clear that future exceedances at this site were unlikely and the highest CO concentrations were occurring in residential areas.

Jewel Lake (discontinued) Monitoring began here at this neighborhood

- scal e site in west Anchorage in October 2002

and was discontinued in March 2004 because CO concentrations were lower than the other

three sites in the network.

Bowman (discontinued) Monitoring at this neighborhood

- scale site in south Anchorage was conducted between January 2006 and March 2007. Monitoring was terminated when it became apparent that CO concentrations were very low at this site.Adopted February 22 , 201 3

III.B. 4

- 3 The locations of the monitoring sites are shown on the maintenance area boundary map (Figure III.B.2

- 1) in Section III.B.2.

Continued Monitoring

The Clean Air Act Section 110(a)(2)(B) (42 U.S.C. 7410(a)(2)(B)) requires implementation plans to provide for the “establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze data on ambient air quality....” The MOA is committed to the continued CO monitoring as required by Title III, Section 319 of the Clean Air Act and the EPA Administrator and will operate monitoring sites in compliance with EPA monitorin g guidelines set out in 40 CFR Part 58 “Ambient Air Quality Surveillance” and Appendices A through G of Part 58. Three saturation monitoring studies have been conducted by the MOA to assess the adequacy of the monitoring network.

The 1997

- 98 saturation s tudy resulted in the establishment of the Turnagain Station in west Anchorage. Any changes to the monitoring network are discussed in advance with the ADEC and EPA Region 10. The EPA Administrator has final authority on the placement of monitoring sites.Adopted February 22 , 201 3

(This page serves as a placeholder for two

- sided copying)Adopted February 22 , 201 3

III.B. 10

- 1 As part of this LMP, Section III.B.10 below is re

- titled and will replace the previously adopted section entitled “Motor Vehicle Emissions Budget. ”

III.B.10 Air Quality Confor mity Procedures

Note: This section of the maintenance plan was revised in June 2012 as part of the preparation of a limited maintenance plan for CO. At the same time Section III.B.10 was revised, a new section (Section III.B.12) was added. Together Secti on III.B.10 and Section III.B.12 constitute the Anchorage CO Limited Maintenance Plan.

Regional Conformity Determination Methodology

Before any regional transportation plan can be adopted or amended, the metropolitan planning organization is required to make an affirmative determination that it meets conformity requirements outlined in 40 CFR 93. Although EPA policy does not exempt CO LMP areas from the need to demonstrate conformity, it allows the area to do so without completing a regional emissions an alysis. EPA guidance states that “emissions budgets in limited maintenance plan areas may be treated as essentially not constraining

. ” *

When a regional conformity determination is made for a transportation plan or improvement program it should state t hat a regional emission analysis is not required because the area has an approved LMP for CO . The Plan and the TIP must still be made available for public review. The interagency consultation requirements specified in 40 CFR 93.112 and under state regula tion, 18 AAC 50 .715 and 50.720 still apply

. To meet requirements outlined in 40 CFR 93.113, the conformity determination must also address whether the transportation control measures in the SIP are being implemented in a timely manner. The EPA

has concluded that f or transportation purposes, the emissions in a qualifying LMP area need not be capped for the maintenance period and thus no emissions budget is required in the maintenance plan . A regional emissions analysis and associated regional conformity requirements (40 CFR 93.118 and 93.119) are no longer applicable . Similarly, federal actions subjec t to the general conformity rule would automatically satisfy the “budget test ” specified in Section 93.158(a)(5)(i)(A) for the same reasons.

Project

- Level Co nformity Methodology

CO LMP areas are not exempt from project

- level or “hot spot” analysis requirements outlined in 40 CFR93.116 & 123. A project

- level hot

- spot analysis consists of performing dispersion modeling to determine whether a project will caus e or contribute to any new violations of ambient standards or increase the frequency or severity of existing violations.

This hot

- spot modeling requirement applies to certain types of projects in all non

- attainment and maintenance areas. Thus, in Anchora ge, hot

- spot CO modeling must be performed in project

- level conformity determinations for these types of projects (spelled out in 40 CFR 93.123(a)).

* Memorandum “Limited Maintenance Plan Option for Nonclassifiable CO Non attainment Areas,” Joseph W. Paisie, EPA, Oct 6, 1995Adopted February 22 , 201 3

III.B. 10

- 2 The EPA has released guidance on how the MOVES model should be used to prepare project level conformity analyses. 16 † Inputs to the hot

- spot modeling include link

- specific vehicle emission factors for roadway segments in the project vicinity. For project

- level analyses, these emission factors will be developed in one of two ways, depending on the type of pr oject. Through the interagency consultation process, a project will be put into one

of two tracks as follows:

1. Projects that do not significantly impact off

- network emissions (e.g., projects that are not likely to affect the amount of initial idling and/or engine block heater use in the project area) will follow a more routine approach to computing emission impacts using

MOVES. Off

- network emissions will not be directly modeled in the analyses of these projects, as they do not change as a result of the pro ject. For these types of projects, off

network emissions are accounted for in the background concentration input in CAL3QHC. The interagency consultation team should determine the appropriate CO background concentration used to model the project. ‡

2. Thos e projects that do significantly impact off

- network emissions (e.g., construction of facilities like parking lots that add substantially to start emissions in the project area, or projects that are likely to affect the amount of initial idling and/or engin e block heater use in the area) will follow a process that incorporates off

- network emissions, roadway link emissions and background concentration. The EPA MOVES guidance for project level analyses describes how off network emissions should be modeled. T he interagency consultation team should review and approve the assumptions that are used in this modeling. The consultation team should also evaluate and determine the appropriate dispersion model used to model the ambient CO impacts expected from these o ff

network emissions.

The interagency consultation process will be the key means of ensuring that projects are placed in the correct track for calculation of emission impacts. The interagency consultation process will also be important in ensuring that a ppropriate analyses of project emission impacts are conducted under the two scenarios listed above. Moreover, it is important that the interagency process be used to develop guidance so that consistent methodologies are utilized in project

- level analyses. Hot spot modeling is often required in project

- level conformity determinations. When possible, the interagency consultation process should be used to develop written guidance regarding modeling inputs and assumptions and these assumptions should be cons istent with those employed in the maintenance demonstration in

† This endnote was already included in the references section of the original Anchorage CO SIP adopted by the State of Alaska in September 2011. This footnote references an EPA document entitled: “Usin g MOVES in Project Level Carbon Monoxide Analyses ” , EPA

- 420

- B

- 10

- 041, December 2010

. ‡ Typically, background CO is estimated from background or neighborhood

- scale monitors in the vicinity. However, in Anchorage, CO concentrations monitored in some reside ntial areas are substantially higher than those near major roadways. For example, a CO monitoring study conducted in 1997

- 98 showed that CO concentrations measured at the Turnagain and Garden sites, which are located on relatively low volume

residential s treets

, were 20% to 50% higher than concentrations measured near major roadway intersections such as the Seward Highway & Benson Boulevard, Old Seward Highway & Dimond Boulelvard , or Lake Otis

Boulevard & Tudor Road . CO concentrations along these major ar terials were lower even though their traffic volumes were an order of magnitude higher than the neighborhood sites. Evidence suggests that mechanical turbulence from traffic effectively increases the mixing volume at intersection sites and reduces overall CO

concentrations. Mechanical turbulence would have a similar effect in reducing the background CO concentration in the vicinity of projects with appreciable traffic. This should be considered by the interagency

consultation team when determining an app ropriate background concentration.Adopted February 22 , 201 3

III.B. 10

- 3 this Plan. As always, conformity determinations will be subject to the applicable public review requirements. This provides the public an opportunity to comment on the approach

that is taken f or the conformity determination for each plan, program, and project.

General Conformity

For projects requiring general conformity determinations, it is also important to consider the impacts of off

- network motor vehicle emissions (e.g., idle emissions). Interagency

consultation shall be used to determine whether off

- network mobile source emissions are significant and what analysis of these emissions is appropriate for determining general conformity. An example of a project of this type is an airport exp ansion.(This page serves as a placeholder for two

- sided copying)Adopted February 22 , 201 3

III.B. 1 2

- 1 SECTION III.B ANCHORAGE CARBON MONOXIDE CONTROL PROGRAM

III.B.12. Limited Maintenance Plan for 2014

- 2024

Note: This is a new section added to the CO Maintenance Plan. Section III.B.10, which addresses CO conformity, was revised and submitted at the same time to reflect the simplified conformity proc ess required for limited maintenance areas. Minor revisions were also made to Section III.B.4 that provide additional flexibility in the operation of the Anchorage CO monitoring network.

Background

When the EPA first approved the Anchorage CO Maintenanc e Plan, effective July 23, 2004,

it initiated a 20

- year maintenance planning period as defined in the CAA. The CAA requires the submission of a second maintenance plan eight years after the redesignation that covers the second ten years of the maintenance planning period. Thus, an updated “second

10

- year maintenance plan ” for Anchorage is required for the period July 23, 2014 through July 22, 2024.

The EPA provides areas with design values less than 7.65 ppm the option of preparing their

second 10

- year maintenance plan using the limited maintenance plan (LMP) procedure. The basic elements of the LMP procedure for CO are described in a guidance memorandum,

referred to as the Paise memo. §

The Paise memo identifies five core provisions that should be included in the LMP. These are: (1) an attainment inventory; (2) a maintenance demonstration, (3) monitoring to verify continued attainment of the CO NAAQS; (4) a c ontingency plan; and (5) conformity determination requirements under an LMP. These are discussed in more detail below. A nchorage has decided to use th e LMP option for this

second 10

- yea r maintenance plan update.

Discussion of Core LMP Provisions

1. Attainment Inventory

The Paise memo states that “the State should develop an attainment emissio ns inventory to identify the level of emission in the area which is sufficient to attain the NAAQS.” A comprehensive inventory was prepared for base year 2007 that showed that motor vehicle emissions were responsible for approximately 79% of all CO emissi ons in the Anchorage bowl inventory area. The emission inventory was prepared for a “CO design day” when CO concentrations are the highest. In Anchorage, the highest CO concentrations tend to occur on

mid

- winter weekdays when temperatures are near zero. The assumptions and computations involved in producing this inventory are described in detail in Section III.B.3 and its appendix.

Results of 2007 emission inventory are re

- summarized in Table III.B.12

- 1.

Table III.B. 12

- 1
Sources of Anchorage CO Emissio ns in 2007 Base Year

§ Memorandum “Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,” Joseph W. Paisie, EPA, Oct 6, 1995Adopted February 22 , 201 3

III.B. 1 2

- 2 Source Category CO Emitted (tons per day) % of total

Motor vehicle

– running emissions 40.5 25.4 %

Motor vehicle

– start emissions 84.8 53.4 %

Motor vehicle

– extended idling by combination long

- haul trucks 0.3 0.1%

Subtotal

– Moto r Vehicles 125.6 78.9%

Ted Stevens Anchorage International Airport Operations 12.4 7.8 %
Merrill Field Airport Operations 0.7 0. 4 %
Wood burning

– fireplaces and wood stoves 6.2 3.9 %
Space heating

– natural gas 3.8 2.4 %

Miscellaneous (railroad, marine, snowmobiles, snow removal, portable electrical generators, welding, etc.) 9.3 5.8 %
Point sources (power generation, sewage sludge incineration) 1.3 0.8 %

Subtotal

– Other Sources 33.7 21.1%

TOTAL

– ALL SOURCES 159.3 100%

2. Maintenance Demonstration

According to the Paise memo, the maintenance demonstration requirement is considered to be satisfied “if the monitoring data show that the area is meeting the air quality criteria for limited maintenance areas.” Areas with design values of 7.65 ppm (85% o f the CO NAAQS) or less qualify for the LMP option. **

Unlike previous CO attainment and maintenance plans prepared for Anchorage, when an LMP is prepared there is no requirement to forecast CO emissions or concentrations to demonstrate compliance with the N AAQS. When EPA approves an LMP, it concludes that it is unreasonable to expect that emission growth during the maintenance period would result in a violation of the NAAQS.

Table III.B.12.2 shows that design value as defined in the Paise memo (DV Paise ) has consistently met the 7.65 ppm criteria since 2006. The DV Paise in base year 2007 was 6.1

** It should be noted that the Paise memo definition of design value is different than the desi gn value defined earlier in Section III.B.6. In Section III.B.6 the design value is the upper

- bound 90 th percentile prediction interval value for 2007 computed from second 8

- hour maximum values measured at the Turnagain CO monitor

between 1999 and 2008. The design value as defined in the Paise memo, is determined by examining the

second maximum 8

- hour concentration recorded each year at each monitoring site in the area over a two

- year period. For each site, t he higher of the two values is the design valu e for that site for that two

- year period. To determine the design value for an area for that two

- year period, all monitors in the area are reviewed and the highest design value among the individual sites is the design value for the area as a whole. Becau se the Paise definition of the design value is different than the design value referred to in Section III.B.6, it is referred to as

DV Paise in this section.Adopted February 22 , 201 3

III.B. 1 2

- 3 ppm. In 2011, the value was 6.0 ppm. The Turnagain monitor has consistently measured the highest CO concentrations in the network and thus been the controlling sit e in the determination of the design value.

III.B.12.2

Computed Design Values (DV Paise ) in Anchorage 2002

- 2011

Highest 2 nd Max 8

- hr Concentration Measured in Preceding Two

- Years

DV Paise Garden Seward Hwy Turnagain DHHS

2002 5.7 5.2 7.7 7.7

2003 5 .7 5.4 6.7 6.7

2004 6.4 5.5 7.9 7.9

2005 6.4 7.9 7.9

2006 4.8 6.1 6.1

2007 4.3 6.1 6.1

2008 3.8 5.5 3.1 5.5

2009 4.4 5.8 3.6 5.8

2010 4.4 6. 1 3.6 6. 1

2011 3.8 6. 1 2.8 6. 1

The Paise memo also notes, that as part of the maintenance demo nstration, any control measures in the SIP must be continued. Current CO control measures for Anchorage are described in Section III.B.5. These primary control measures include: (1) an air quality public awareness program aimed at promoting use of engine block heaters to reduce CO cold start emissions and the promotion of bicycling walking, transit and other alternatives to the single occupancy vehicle; (2) a transit marketing program; and (3) carpooling and vanpooling.

3. Monitoring Network/Verificati on of Continued Attainment

The Paise memo states that the LMP should provide for continued operation of a CO monitoring network consistent with requirements outlined in 40 CFR 58. Anchorage is committed to maintaining a CO monitoring network to verify con tinued attainment of the NAAQS. Additionally, because the Turnagain monitor consistently measures the highest CO concentrations in the network, the Municipality o f Anchorage supports ongoing continuation of a monitoring site in the Turnagain neighborhood. †† The specifics of th e CO monitoring network are discussed in Section III.B.4. Commitments to continue monitoring

as described in that section remain in force with this LMP.

4. Contingency Plan

The Paise memo notes that Section 175A of the CAA requires that a maintenance plan include contingency provisions. Section III.B.7 of this Plan provides a menu of six possible contingency measures that could be implemented if Anchorage failed to attain the CO

†† The MOA recognizes the importance of assessing CO concentrations in high impact neighborhoods a nd intends to continue monitoring at the Turnagain site. However, the MOA cannot provide an on

- going commitment to monitoring at any particular site because of the possibility of unforeseen logistical and/or budgetary constraints.Adopted February 22 , 201 3

III.B. 1 2

- 4 NAAQS. These include: (1) increasing public awareness and education, transit, carpool and vanpool promotion efforts; (2) curtailing or limiting the use of fireplaces and woodstoves and other wood burning appliances when high CO is predicted; (3) promoting an increase in transit ridership among commuters by o ffering reduced fares or free transit for employees of companies that contribute to the subsidy; (4) reinstating the engine block heater installation subsidy; (5) reinstating the ethanol

- blended gasoline requirement; and (6) reinstating the I/M

program.

The contingency provisions discussed in Section III.B.7 remain unchanged. This LMP does not alter the commitments or the timelines for implementing contingency measures

described in that section.

5. Conformity Determinations under LMPs

When the LMP is approved or found adequate by the EPA, a regional emissions analysis will no longer required as part of the regional transportation conformity determination process that must accompany the adoption of all metropolitan transportation plans and improvement p rograms adopted by AMATS. The conformity requirements and procedures that will be employed by AMATS after this LMP has been approved or found adequate by the EPA are discussed in Section III.B.10. This section was revised as part of the preparation of th e LMP. Prior to revision, this section set forth a CO emission budget for use in the conformity determination process. As noted earlier, a regional emissions analysis is not required in limited maintenance areas , so a CO emissions budget is no longer nee ded

. Section III.B.10, as revised, describes the simplified conformity process that will be utilized when this LMP is approved or found adequate for conformity purposes by the EPA.

Planning Process used to Develop the Anchorage CO LMP ‡‡

The local planning process used to develop air quality plans in Anchorage is described in detail in Section III.B.1. This same process was used to develop this LMP. The first draft of this LMP was prepared in June 2012. A public review draft was released for 30

- day publ ic review by the AMATS Technical Advisory Committee on September 13, 2012 . The

A MATS Air Quality Advisory Committee met on October 2, 2012 t o review the public review draft. Although they did not assemble a quorum, they forwarded their informal

endorseme nt o f the LMP

, as drafted, to the AMATS Technical and Policy Committees. T he AMATS Policy Committee recommended that the Anchorage Assembly adopt the LMP on December 20, 2012. The Assembly adopted the LMP and associated amendments to

Section III.B. 4 and III.B.10 on January 29, 2013

. ADEC held a public hearing on the LMP on February 12, 2013 . After review and consideration of the comments received, the LMP was forwarded to the EPA.

‡‡ This section will be c ompleted when the public review and approval process is completed. The narrative in this paragraph will likely be revised.

# Alaska Department of Environmental Conservation

Amendments to:

State Air Quality Control Plan

Vol. II: Analysis of Problems, Control Actions

Section III. C : Fairbanks Transportation Control Program

**Adopted**

February 22, 2013

Sean Parnell, Go vernor

Larry Hartig, CommissionerAdopted February 22, 2013

(This page serves as a placeholder for two

- sided copying)Adopted February 22, 2013 

# Fairbanks Limited

CO Maintenance Plan

A plan addressing the second 10 years of the 2004

- 2024 CO maintenance planning period

Vol. II: Analysis of Problems, Control Actions

Section III. C : Fairbanks Transportation Control Program

Prepared by the Fairbanks North Star Borough

for submission to the Alaska Department of Environmental Conservation

for inclusion in the State Implementatio n Plan for Air Quality

Adopted

February 22, 2013Adopted February 22, 2013

(This page serves as a placeholder for two

- sided copying)Adopted February 22, 2013

A note on the format and organization of this document.

This document is organized and formatted to b e consistent with the State of Alaska Air Quality Control Plan or SIP

. The previously adopted Fairbanks CO Maintenance Plan encompassed Sections III. C .1

– C .11 of the SIP. A new Section III. C .12, entitled Limited Maintenance Plan for 2014

- 2024

, has been added to the original document and

Section III. C .10, which addresses air quality conformity procedures for CO, has been revised. Other sections of the document (III. C .1

– III. C .9 and III. C .11) have been changed as needed to provide consistency with the in formation presented. Revisions to

those sections are included in this document.Adopted February 22, 2013

(This page serves as a placeholder for two

- sided copying)Adopted February 22, 2013

I II.C. 3

- 1 Introductory Note: In this document each reference to “CAAA” means the

Clean Air Act Amend ments of 1990, P.L. 101

- 549.

As part of this LMP, the emission inventory portions of Section III. C

. 3 have been revised to replace the previously adopted introductory section and sub section s entitled “ 2005 Base Year Inventory ,” “Base 2006

- 2015 Modeling I nventories

, ” “Additional 2 0 05

– 2016

Reductions

, ” and “Carbon Monoxide Trends.”

III.C .3 A ir Quality Emissions Data

Section 187 of the CAA requires three types of e m ission inventories for all m oderate CO

nonattain m e nt areas. The three types of inventori es are base year inventories, periodic

invent o ries, and m odeling invent o ries. In acc o r d ance with t h ese req u ire m ents, previous plans included a series of nonattain m ent i nventories for Fairbanks (1) 1990 base year inventory, (2) 1993 periodic inventory, (3) 1995 and 2000 projected year inventories, (4) 1996 periodic inventory, (5) 1995

- 2001 base year inventory and projections, and (6) 2002

- 2015 base year inventory and projections

. *

Section 175A of the CAA defines the general required fra m ework of a m aintenan ce plan. Specifically, it requires that the plan provide for m aintenance of the relevant NAAQS for at

least 10 years after redesignation. These provisions have been further clarified through the

release of subsequent E P A guidance

. 3 This guidance includes a require m ent that an attain m ent e m issions inventory be included in t h e m aintenance plan to i d enti f y the l e vel of

e m issions in the area which is sufficient to attain the NAAQ S . According to the guidance:

This inve n t o ry should be consistent with EPA’s mos t recent guidance on emission

inventories for nonattainment areas availab l e at the time and include the emissions during the time period associated with t h e monitoring data showing attainment.

The guidance goes on to indicate that for carbon monoxide ( C O) nonattain m ent areas, the inventory should be based on actual “typical CO season day” e m issions for the attain m ent

year. Based on extensive consultation a m ong the Borough, ADEC and EPA Region 10 staff,

calendar year 2005 was selected as the m o st appropriat e base year for the attainment inventory. † An e m issions inventory was subsequ e ntly developed for this year and is

included in Appendix III.C.3. Additional yearly modeling i n ventories up through 20 1 5 were

also developed to de m onstrate continued m a intenanc e of the NAAQS through the required

10

- year ti m efr a m e after redesignation.

As discussed in Section III.C.2, the Fairbanks C O nonattai n m ent area consists of the urban portion of the FNSB. A c cordingly, the attain m e nt and m odeling inventories are all focuse d

on this specific area. Unlike earlier F airbanks CO nonattainment inventories, e m issions originating in the re m ainder of FNSB are not included in the attain m ent or m odeling

inventories. The inventories were prepared based on EPA gui d ance. Detailed e s ti m at es of

e m issions were prepared for on

- road mobile sources, non

- road m obile sources, area sources,

* A Sierra Research memorandum dated November 20 , 20 12 comparing the current 2005

- 2015 base year emission inventory to the 2002

- 2015 base year inventory is included in Appendix III.C.3

† The t erm “attainment inventory” is used to be consistent with that contained in the referenced EPA guidance memorandum. It refers to the emissions inventory that is to be included in the maintenance plan identifying

the level of emissions in Fairbanks sufficie nt to attain the CO NAAQS.Adopted February 22, 2013

I II.C. 3

- 2 and point sources. The on

- road m o bile source portion of each invento r y was prepared using

EPA’s m obile source e m ission m odel, MOVES2010b (dated June 2012), wh ich includes

revisions to reflect the C O benefits of e m ission control technologies introduced to m eet Tier

II e m ission standards. MOVES2010b input para m eters also reflect the d esign ele m e n ts of

the Fairbanks I/M progra m prior to its termination effective J anuary 1, 2010. The

MOVES2010b

- based vehicle emissions do not include any adjustments to reflect the benefits of engine block heater plug

- in use. ‡

2005 Base Year Inventory

The 2005 inventory prepared for the Fairbanks nonattainment area provides estima tes of daily emissions calculated for a typical winter weekday during calendar year 2005. Total

CO emissions are estimated to be 85.68 tons per day (tpd) prior to the implementation of additional local control measures, which are addressed separately belo w. Roadway emissions produce the bulk ( 45.79 tpd or 53 %) of the total CO emitted per day in the nonattainment area, based on a travel estimate of 917,608 vehicle miles traveled (VMT) per winter weekday provided by the ADOT&PF. 16 In addition, point sources (primarily power plants) account for about 4 %, area sources (including residential wood combustion ) for

about 26 %

, and nonroad sources for about 1 7 % of total daily CO emissions

.

Base 2006

- 2015 Modeling Inventories

The base 2006

- 2015 modeling inventori es account for the elimination of the inspection and maintenance (I/M) program after 2009. This results in a slight increase in on

- road mobile emissions as the analysis assumes no residual benefits remain after the program is ended.

The base modeling inventor ies exhibit a net decline between 2005 and 2009 , increase in

2010 due to the loss of the emissio n benefits from the I/M program, and increase slowly by

about 1 % per year through 2015.

Overall, base emissions (i.e., those that do not account for the implementation of additional local control measures) are projected to increase by 4.80 tpd ( 6 %) between the 2005 attainment year and the 2015 horizon planning year. This is because motor vehicle

emissions are forecast to marginally decrease by only 1. 2% and do not offset the growth in emissions from other sources estimated for the same period . Traditionally, motor vehicle

CO rates have been forecast to decline substantially over time and those reductions have offset growth in other source categories. The current version of MOVES, however, projects starting CO emission rates to increase through 2015. Reductions in projecting running emissions are insufficient to offset the growth in running emission s, which leads to a small growth in overall motor veh icle CO emissions.

Table III.C.3

- 1 summarizes both the 2005 attainment inventory and the base 2006

- 2015 modeling inventories for the Fairbanks nonattainment area.

‡ Earlier versions of the CO Maintenance Plan inventories included emission benefits for wintertime plug

- in

use based on cold

- temperature emission measurements conducted in Fairbanks with and without plug

- in use.

The benefits fr om these testing data were applied within an Alaska

- specific version of the MOVES predecessor, AKMOBILE6 had been formally reviewed and approved for use in Alaska by EPA. For this

MOVES

- based LMP inventory, no plug

- in benefits were assumed because no EPA

- approved Alaska version of MOVES yet exists.Adopted February 22, 2013

I II.C. 3

- 3 Table III.C.3

- 1 Base Fairbanks CO Emissions Inventory: Nonattainment Area Totals by Year

CO (tpd)

Nonroad Sources 2005 2006 2007 2008 2009 2010 Agricultural Equipment

- - - - - - Aircraft & Airport GSE Total 3.70 3.72 3.91 3.95 3.96 4.00 Commercial Equipment Total 0.14 0.14 0.15 0.15 0.15 0.15 Construction and Mining Equipment Total

- - - - - - Industrial Equipment Total 0.09 0.09 0.09 0.09 0.09 0.09 Lawn and Garden Equipment Total 0.02 0.02 0.02 0.02 0.02 0.02 Logging Equipment Total 0.00 0.00 0.00 0.00 0.00 0.00

Pleasure Craft Total

- - - - - - Railroad Operations (Locomotives) 0. 18 0.18 0.19 0.20 0.20 0.20 Railroad Equipment Total* 0.01 0.01 0.01 0.01 0.01 0.01 Recreational Equipment Total 10.66 10.72 11.24 11.37 11.39 11.50 Underground Mining Equipment Total

- - - - - - TOTAL Nonroad Sources 14.80 14.89 15.61 15.78 15.82 15.9 7

Area Sources Residential Wood Burning 21.23 21.37 22.40 22.65 22.70 22.93

Fuel Oil 0.05 0.05 0.05 0.05 0.05 0.05
Propane 0.00 0.00 0.00 0.00 0.00 0.00

Coal 0.57 0.58 0.60 0.61 0.61 0.62

Natural Gas 0.02 0.02 0.02 0.02 0.02 0.02

Indus trial Processes

– Commercial Cooking 0.02 0.02 0.03 0.03 0.03 0.03

Structural Fires 0.10 0.10 0.11 0.11 0.11 0.11

TOTAL Area Sources 22.00 22.14 23.21 23.47 23.52 23.75

Point Sources
MAPCO (Williams/Flint Hills) 0.08 0.08 0.08 0.09 0.09 0 .09

Eielson 0.00 0.00 0.00 0.00 0.00 0.00 Fort Wainwright 1.45 1.46 1.53 1.55 1.55 1.57

GVEA/North Pole 0.03 0.03 0.03 0.03 0.03 0.03 Alaska RR Heating Plant 0.01 0.01 0.0 0 0.0 0 0.0 0 0.0 0 University of Alaska

- Fairbanks 0.50 0.50 0.53 0.53 0.53 0.54

P etro

– Star 0.00 0.00 0.00 0.00 0.00 0.00
Fairbanks MUS (Aurora) 1.02 1.03 1.08 1.09 1.09 1.10 Alyeska Pump Station #8 0.00 0.00 0.00 0.00 0.00 0.00

TOTAL Point Sources 3.09 3.11 3.26 3.30 3.31 3.34

On

- Road Mobile Sources Running Emissi ons 12.56 11.68 10.87 9.85 8.13 8.47 Starting Emissions 33.22 35.00 36.11 36.02 33.60 35.05

Extended Idle Combination Truck Emissions 0.02 0.02 0.02 0.02 0.02 0.02

Total On

- Road Mobile Sources 45.79 46.70 47.00 45.88 41.75 43.54

GRAND TOTAL 85 .68 86.84 89.08 88.44 84.40 86.61 * Does not include emissions from locomotive engines.Adopted February 22, 2013

I II.C. 3

- 4 Table III.C.3

- 1 (cont.) Base Fairbanks CO Emissions Inventory: Nonattainment Area Totals by Year

CO (tpd)

Nonroad Sources 2011 2012 2013 2014 2015 Agricultural E quipment

- - - - - Aircraft & Airport GSE Total 4.04 4.08 4.12 4.16 4.20 Commercial Equipment Total 0.15 0.16 0.16 0.16 0.16 Construction and Mining Equipment Total

- - - - - Industrial Equipment Total 0.09 0.10 0.10 0.10 0.10 Lawn and Garden Equipmen t Total 0.02 0.02 0.02 0.02 0.02 Logging Equipment Total 0.00 0.00 0.00 0.00 0.00

Pleasure Craft Total

- - - - - Railroad Operations (Locomotives) 0.20 0.20 0.20 0.21 0.21 Railroad Equipment Total* 0.0 0 0.0 0 0.0 0 0.0 0 0.0 0 Recreational Equipment Total 11.62 11.74 11.85 11.97 12.09 Underground Mining Equipment Total

- - - - - TOTAL Nonroad Sources 16.13 16.29 16.46 16.62 16.79

Area Sources Residential Wood Burning 23.16 23.39 23.62 23.86 24.10

Fuel Oil 0.05 0.05 0.05 0.05 0.05
Propane 0.00 0.00 0.00 0.00 0.00

Coal 0.62 0.63 0.64 0.64 0.65

Natural Gas 0.02 0.02 0.02 0.02 0.02

Industrial Processes

– Commercial Cooking 0.03 0.03 0.03 0.03 0.03

Structural Fires 0.11 0.11 0.12 0.12 0.12

TOTAL Area Sources 23.99 24.23 24.47 24.72 24.96

Point Sources
MAPCO (Williams/Flint Hills) 0.09 0.09 0.09 0.09 0.09

Eielson 0.00 0.00 0.00 0.00 0.00 Fort Wainwright 1.58 1.60 1.61 1.63 1.65

GVEA/North Pole 0.03 0.03 0.03 0.03 0.03 Alaska RR Heating Plant 0.01 0.01 0.01 0.01 0.01

Univer sity of Alaska

- Fairbanks 0.55 0.55 0.56 0.56 0.57

Petro

– Star 0.00 0.00 0.00 0.00 0.00
Fairbanks MUS (Aurora) 1.11 1.12 1.13 1.15 1.16 Alyeska Pump Station #8 0.00 0.00 0.00 0.00 0.00

TOTAL Point Sources 3.37 3.41 3.44 3.47 3.51

On

- Road Mobile Sources Running Emissions 8.15 7.66 7.37 7.13 6.93 Starting Emissions 35.67 36.27 37.03 37.60 38.27

Extended Idle Combination Truck Emissions 0.02 0.02 0.02 0.02 0.02

Total On

- Road Mobile Sources 43.83 43.95 44.42 44.75 45.22

GRAND TOTAL 87.33 87.88 88.79 89.56 90.48 * Does not include emissions from locomotive engines.Adopted February 22, 2013

I II.C. 3

- 5 Additional 2005

- 2015 Reductions

Additional CO emissions reductions beyond those incorporated into the base 2005

- 2015 modeling inventories shown in Table III.C.3

- 1 are also projected to occur due to the implementation of additional local control measures. These measures, which are described in detail in Section III.C.5, include the following:

• Episodic woodstove burning ban §

• Oxygen sensor replacement program; ;

• OBD

- I/M inspections of heavy

- duty gas vehicles (HDGVs) until 2009; and

• Other measures (e.g., transit).

Table III.C.3

- 2 shows the additional emissions reductions projected for these measures, as well as the adjusted CO emissions totals estimated for each of the inventory years.

Table III.C.3

- 2 Adjusted Fairbanks CO Emissions Inventory:

Nonattainment Area Totals*
CO (tpd)

2005 2006 2007 2008 2009 2010 Baseline Inventory 85.68 86.84 89.08 88.44 84.40 86.61 Wood Burning Ban 2.31 2.38 2.40 2.42 2.44 2.47

O xygen Sensor Replacement 0.28 0.50 0.46 0.29 0.13 0.03

HDGV OBD

- I/M 0.00 0.01 0.01 0.01 0.01 0.00

Other 0.03 0.03 0.03 0.03 0.03 0.03

Total Reduction 2.62 2.92 2.90 2.75 2.61 2.53 Adjusted Inventory 83.06 83.92 86.18 85.69 81.79 84.08

CO (tpd)

201 1 2012 2013 2014 2015 Baseline Inventory 87.33 87.88 88.79 89.56 90.48 Wood Burning Ban 2.49 2.51 2.53 2.55 2.58 Oxygen Sensor Replacement 0.00 0.00 0.00 0.00 0.00

HDGV OBD

- I/M 0.00 0.00 0.00 0.00 0.00

Other 0.03 0.03 0.03 0.03 0.03

Total Reduction 2 .52 2.54 2.56 2.58 2.61 Adjusted Inventory 84.81 85.34 86.23 86.98 87.87

*See the Sierra Research memorandum, “Fairbanks Carbon Monoxide Maintenance Plan Emission Inventory Control Measure Adjustments,” dated October 25, 2007, in Appendix III.C.3

- 2 f or emission calculations of control strategy benefits.

§ In October 2012, a citizen’s initiative passed removing the Borough’s ability to place restrictions on fuel heating devices, thus eliminating ordinance 2003

- 71’s ability to institute this control measure. The refore, under 18AAC 50.075, the department will ensure the implementation of this measure should it be needed.Adopted February 22, 2013

I II.C. 3

- 6 The impact of these reductions on the continued pro b ability of attainment in Fairbanks is

discussed in Section III.C.8.

Carbon Monoxide Trends

Because ve h icle tra v el is such a large source of CO e m issions in the Fair b anks area, it is

instructive to review past trends in both population and travel, as well as a m bient CO

concentrations. A review of historical popu l ation and traffic data is presented below.

Population Growth

Fairbanks w as establis hed in the early 1900s as a trading post serving gold prospectors in the

area. Duri n g the fir s t part of the ce n tury, the po p ulation pea k ed and waned accor d ing to the price and availability of gold. Co m p letion of the Alaska Highway in the 1940s, plus

incr e a sed m ilitary a c ti v ity in the a rea due to W orld W ar II, c o mbined to c ause consi de rable growth. By 1950, the population of the Fairbanks Census District (an area so m ewhat larger

than the current boundaries of the Fairbanks North Star Borough) had grown to 1 9,409.

Continued m ilitary sp e nding and i n crea s ed go v ern m ental g r owth result e d in renew e d

econo m ic activity and growth in population during the 1950s. By 1960, the population of the

Fairban k s Census District had ri s en to 43,41 2 . In the 19 6 0s, m ilitary in fluence i n the area

leveled off, while i n crea s ed oil explo r ation o n the North Slope acco u nted for a 1 5 % increase

in population during the decade. The Fairbanks North Star Borough was fo r m ed in the m i d

1960s. The 1970 Census District population of 50,043 ca n be compared to a Borough population for the sa m e year of 45,864.

Construction of the Trans

- Alaska O il Pip e line during the 1970s resulted in a large population

influx into the area. FNSB population peaked at 72,037 in 1976. W ith co m pletion of the pipeli ne, the population fell dra m atically to 51,659 in 1981. However, increased state and

local govern m ental spending due to state oil revenues led to a resurgence in local econo m i c activity and another growth spurt in popul a tion, resulting in a 1985 FNSB popu lation of 75,079.

Since 1985, population levels in the Fairbanks area have remained relatively unchanged.

Incr e ase in m ilitary a c tivity due to the addition of a light in f antry d ivi s i o n to Fort W ainwright

acted to off s et a reduction in state and local gove rn m ental spending due to declining oil

revenues. These factors resulted in a 1990 F N SB population of 77,720. According to the

Census

, 5 the Borough population experienced little change between 1990 and 2000, with an overall growth rate of 0.6% per year. Dur ing that sa m e ti m e period, the Census data indicate

that the population in the nonattain m ent area act u ally declined from 39,858 to 39,231, a

reduction of 0.16% per yea r

. The decline in nonattain m ent area population d uring t h e 1 9 90s

is dis p layed in Figure I II.C.3

- 2. It shows that while there was a net reduction in population,

the year

- to

- year change was very modest.Adopted February 22, 2013

I II.C. 3

- 7 Figure III

. C.3

- 2

Tr e n ds i n P opu l at i on and Ave r age Da il y T r aff i c for Fairbanks, Alaska ( 1 990

- 2001)

Population f orecasts for the 2005

- 2 0 15 m aintena n ce plan n i n g period sh o w an increase of

about 3% between 2005 and 2006 then a steady increase of about 1% each year to 2015. The

nonattain m ent area population estimated from historical data and projected forecasts from the 2035 Metropolitan Trans portation Plan (M TP ) coupled with block

- level population data

from the 2010 U.S. Census is shown in Table III

. C.3

- 3. The vehicle tra v el

- sp e cific

f oreca s ts for the period are described in m ore detail belo w

.

Growth in Vehicle Travel

Despite the reduction in population recor d ed between 1990 and 2000, the nonattainment

area s till ex p erie n ced a modest i n crease in tra v el during t h is d ecade. The increa s e is based

on traffic counts recorded at Highway Perfo r m ance Monitoring System ( H PMS) and other

sites located throughout the Borough

. 7 Figure III.C.3

- 2 shows that trav e l a cti v ity, m easured by average daily traffic counts, increased from 665,398 m iles per day in 1990 to 752,992

m iles per day in 2001, a growth rate of 1.1% per year.Adopted February 22, 2013

I II.C. 3

- 8 Table III.C.3

- 3 Projected Fair banks N onattainment Area Population

Calendar Year LRTP Popu l ation Forecast

2005 35,628

2006 36,720

2007 37,035

2008 37,354

2009 37,678

2010 38,007

2011 38,387

2012 38,771

2013 39,159

2014 39,550

2015 39,946

From 2002 t hrough 2004, ADOT&PF reported an a nnual nonattain m ent area VMT growth

rate of 1.2%. Starting in 2005, the projected growth in vehicle travel reported in the previous Maintenance Plan was updated using the VMT projections reported in the F MATS

2035 MTP

. The resulting annual V MT projections for the area during the 2005

- 2015

m aintenance planning p e riod are sh ow n in Table III.C.3

- 4.

Table III.C.3

- 4 Projected Vehicle Tra v el in the Fairbanks CO Nonattainment Area (2005

- 2015)

Year Vehicle M i les Traveled (per winter day)

20 05 917,608

2006 905,801

2007 918,857

2008 932,102

2009 900,675

2010 869,249

2011 878,409

2012 887,570

2013 896,730

2014 905,890

2015 915,050Adopted February 22, 2013

I II.C.4

- 1 As pa rt of this LMP, Section III.C.4 below has been revised and will replace the previously adopted s ection entitled “ Carbon Monoxide Network Monitoring Program

. ”

III.C.4. Carbon Monoxide Network Monitoring Program

Although emission projections are used to track Reasonable Further Progress (RFP), it is actual ambient air quality monitoring data that de termine whether an area attains the NAAQS by the required attainment date. The difficulty with using ambient monitoring data to assess progress toward attainment is the fluctuation in pollution concentrations caused by daily, weekly, and yearly variations in meteorological conditions, traffic levels, and other factors. However, it is important to monitor and compare ambient air quality concentrations to modeled emission projections to determine if the projections provide a reasonable surrogate for tracking progress toward attainment. Section 110(a)(2)(B) of the CAA requires that each implementation plan submitted to EPA provide for the establishment and operation of “appropriate devices, methods, systems, and procedures to monitor, compile, and analyze

data on ambient air quality.”

The Arctic Health Research Center began ambient air quality sampling in Fairbanks in 1969. The results of the preliminary monitoring program indicated that high CO levels were occurring during the winter months. The Fairbanks are a experiences severe wintertime temperature inversions, resulting in the trapping of pollutants near ground level, with little vertical dispersion. Low winds and the presence of hills around most of the urban area combine to limit horizontal dispersion as well.

In fulfillment of the ambient monitoring requirement, and to better understand Fairbanks’ air quality problems, the FNSB has operated a CO sampling network since the early 1970s. In 1972, the FNSB began continuous ambient CO monitoring in the downt own area. In addition, a grab sampling program to determine CO levels outside the downtown core area was conducted during the period 1976

- 1977, followed by mobile laboratory sampling during

the winters of 1982

- 1985.

The monitoring network consisted of thr ee sites (including one microscale, one middle

scale, and one neighborhood monitoring site) operated October 1 through March 31 each year, with up to 30 days of additional operation at the beginning and end of the season for quality assurance calibration a nd audits. The microscale and neighborhood sites have been operated in their present configuration since 1985. In April 2002, the middle

- scale monitoring site was moved from the State Office Building (where it had been since 1985) to

the National Guard Arm ory, at the corner of Wien Street and 2nd Avenue (approximately 2.5km to the west and 0.5km north of the old site) in order to provide an “off

- axis” site relative to the other two monitoring sites.

Recognition of declining CO concentrations led to the de commissioning of the CO monitors located at Hunter School and the National Guard Armory in recent years. The decision to retire these sites was made in coordination with EPA 10 Region staff. As part of that effort,

DEC decided to locate the new NCORE mul ti

- pollutant monitoring site in Fairbanks because, despite the progress in reducing CO concentrations, it has the most significant air quality impacts in the state. Presented below is a summary of the two CO monitoring sites that are currently operating i n FairbanksAdopted February 22, 2013

I II.C. 4

- 2 Old Post Office

- The site is located in the Old Post Office building at 250 Cushman Street

at latitude 64 ° 50’ 43” north (64.845278), longitude 147 ° 43’ 16” west (

- 147.721111), and elevation of 140 meters (460 feet) above sea level. Figure III.C.4

- 1 shows a street map of downtown Fairbanks and satellite image of the area. The site is located in the middle of the central business district. This was the first monitoring site in Fairbanks, operated from 1972 through 1978, and then re

- establish ed in January 1985. Due to its long operating history, it provides the best picture of long

- term trends in Fairbanks’ CO levels. It recorded the highest concentrations of any monitor in the original three

- site network. The Old Post

Office is a micro

- sca le, population

- oriented site and it is equipped with a Thermo Electron

48C CO monitor.

Figure III.C.4

- 1 Map and Satellite Image of the Old Post Office Monitoring Site (the red dot indicates the site location)

NCo re

- The site is located approximately 32 meters north of the Chena River near the Fairbanks North Star Borough building on Pioneer Road at latitude of 64 ° 50 ′ 44.6 ′ ′ north (64.845690), longitude of 147 ° 43 ′ 38.2 ′ ′ west (

- 147.727413), and elevation of 472 feet (144 meters) above sea level. There is a small patch of birch trees 6 to10 meter tall that sit approximately 32 meters to the east of the site. The heights of the trees exceed the height of the monitor inlets. There is a 12 meter tall building appr oximately 75 meters to the southeast of the site and a 7 meter tall building approximately 50 meters to the west. Figure

III.C.4

- 2 shows a street map and the satellite image of the local area. This is a neighborhood

- scale, population

- oriented site and it is equipped with a Thermo Scientific

Model 48i

- TLE continuous CO monitor.Adopted February 22, 2013

I II.C. 4

- 3 Figure III.C.4

- 2 Map and New Shelter of the NCore Monitoring Site (the red dot indicates the site location)

Given the close proximity of the two remaining monitor s, DEC is considering dropping the Old Post Office site. A decision, however, will not be made until sufficient data is assembled for a correlation analysis that confirms the representativeness of concentrations

recorded at the NCore site.Adopted February 22, 2013

(This page serves as a placeholder for two

- sided copying)Adopted February 22, 2013

I II.C.6

- 1 As part of this LMP, Section III.C.6 below has been revised and will replace the previously adopted section entitled “ Modeling and Projections

. ”

III.C.6 Modeling and Projections

In pre vious air quality plans, Fairbanks acknowledged the limitations of using rollback modeling to determine the emission reductions needed to demonstrate attainment of the ambient CO standard. The rollback modeling approach conflicted with EPA guidance that

re quires the use of dispersion modeling to demonstrate attainment of the NAAQS. However, concerns about Fairbanks’ ability to supply the data needed to accurately characterize emissions and meteorology within the modeling domain and the ability of dispersion models to adequately characterize low

- level arctic inversions led EPA to accept the use of rollback modeling. Nevertheless, concerns about the limitations of rollback persisted and the history

of attainment demonstrations that underestimated the emission reductions needed to ensure long

- term attainment of the CO standard caused the Borough to agree to work with both EPA and a National Research Council (NRC) committee investigating CO to assess the feasibility of using dispersion models to accurately repres ent conditions leading to CO violations in Fairbanks. The Borough followed through on both of these commitments. This resulted in the development of a probabilistic rollback methodology that was used to demonstrate long

- term attainment in the previous main tenance plan without the I/M Program.

While this methodology was used to prepare an updated demonstration of attainment using MOVES based CO emission factors, the decision to pursue a LMP option eliminated the requirement to prepare the maintenance demon stration. EPA LMP guidance ** states:

The maintenance demonstration requirement is considered to be satisfied for nonclassifiable areas if the monitoring data show that the area is meeting the air quality criteria for maintenance areas (7.65 ppm or 85% of the CO NAAQS). There is no requirement to project emissions over the maintenance period. The EPA believes if the area begins the maintenance period at or below 85 percent of the exceedance levels, the air quality along with the continued applicability of PSD requirements, any control measures already in the SIP and Federal measures, should provide adequate assurance of maintenance over the initial 10

- year maintenance plan.

To provide assurance that emissions growth does not threaten long

- term maintenan ce a forecast of source specific emissions is presented from the base year through 2015 in Section III.C.3 Air Quality Emissio ns Data. Those forecasts show that CO emissions are only projected to increase by roughly 6% from 2005

- 2015. This modest increas e is largely the result of an upward trend in CO starting emissions at low temperatures reflected in

EPA’s latest MOVES2010b vehicle emission factor model.

** Memorandum “Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,” Joseph W. Paisie, EPA, October 6, 1995Adopted February 22, 2013

(This page serves as a placeholder for two

- sided copying)Adopted February 22, 2013

I II.C.10

- 1 As part of this LMP, Section III.C.10 below is re

- titled and will replace the previously adopted section entitled “Motor Vehicle Emissions Budget. ”

III.C.10 Air Quality Conformity Procedures

Note: This section of the maintenance plan was revised in October 2012 as part of the preparation of a limited maintenance plan for CO. At the same time Section III.C.10 was revised, a new section (Section III.C.12) was added. Together Section III.C.10 and Section

III.C.12 constitute the Fairbanks CO Limited Maintenance Plan.

Regional Conformity Determination Methodology

Before any regional transportation plan can be adopted or amended, the metropolitan planning organization is required to make an affirmative determination that it meets conformity requirements outlined in 40 CFR 93. Although EPA policy does not exempt CO LMP areas from the need to demonstrate conformity, it allows the area to do so without completing a regional emissions analysis. EPA guidance states that “emissions budgets in limited maintenance plan areas may be tr eated as essentially not constraining

. ” ††

When a regional conformity determination is made for a transportation plan or improvement program, it should state that a regional emission analysis is not required because the area has an approved LMP for CO . T he Plan and the TIP must still be made available for public review. The interagency consultation requirements specified in 40 CFR 93.112 and under state regulation 18 AAC 50 .715 and 50.720 still apply

. To meet requirements outlined in 40 CFR 93.113, the conformity determination must also address whether the transportation control measures in the SIP are being implemented in a timely manner. The EPA

has concluded that f or transportation purposes, the emissions in a qualifying LMP area need not be capped for the maintenance period and thus no emissions budget is required in the maintenance plan . A regi onal emissions analysis and associated regional conformity requirements (40 CFR 93.118 and 93.119) are no longer applicable . Similarly, federal actions subject to the general conformity rule would automatically satisfy the “budget test ” specified in Secti on 93.158(a)(5)(i)(A) for the same reasons.

Project

- Level Conformity Methodology

CO LMP areas are not exempt from project

- level or “hot spot” analysis requi rements outlined in 40 CFR93.116 & 123. A project

- level hot

- spot analysis consists of performing dispersion modeling to determine whether a project will cause or contribute to any new violations of ambient standards or increase the frequency or severity of existing violations.

This hot

- spot modeling requirement applies to certain types of projects in all nonattainment and maintenance areas. Thus, in Fairbanks, hot

- spot CO modeling must be performed in project

- level conformity determinations for these ty pes of projects (spelled out in 40 CFR 93.123(a)).

The EPA has released guidance on how the MOVES model should be used to prepare project level conformity analyses. ‡‡

†† Memorandum “ Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,” Joseph W. Paisie, EPA, Oct 6, 1995 Inputs to the hot

- spot modeling include link

- specific

‡‡ “Using MOVES in Project Level Carbon Monoxide Analyses, ” EPA

- 420

- B

- 10

- 041, December 2010Adopted February 22, 2013

I II.C.10

- 2 vehicle emission factors for roa dway segments in the project vicinity. For project

- level analyses, these emission factors will be developed in one of two ways, depending on the type of project. Through the interagency consultation process, a project will be put into one of two tracks, a s described below.

1. Projects that do not significantly impact off

- network emissions (e.g., projects that are not likely to affect the amount of initial idling and/or engine block heater use in the project area) will follow a more routine approach to comput ing emission impacts using

MOVES. Off

- network emissions will not be directly modeled in the analyses of these projects, as they do not change as a result of the project. For these types of projects, off

network emissions are accounted for in the backgroun d concentration input in CAL3QHC. The interagency consultation team should determine the appropriate CO background concentration used to model the project. §§

2. Those projects that do significantly impact off

- network emissions (e.g., construction of

facili ties like parking lots that add substantially to start emissions in the project area, or projects that are likely to affect the amount of initial idling and/or engine block heater use in the area) will follow a process that incorporates off

- network emissio ns, roadway link emissions, and background concentration. The EPA MOVES guidance for project

level analyses describes how off

- network emissions should be modeled. The interagency consultation team should review and approve the assumptions that are used

i n this modeling. The consultation team should also evaluate and determine the appropriate dispersion model used to model the ambient CO impacts expected from

these off

- network emissions.

The interagency consultation process will be the key means of ensur ing that projects are placed in the correct track for calculation of emission impacts. The interagency consultation process will also be important in ensuring that appropriate analyses of project emission impacts are conducted under the two scenarios list ed above. Moreover, it is important that the interagency process be used to develop guidance so that consistent methodologies are utilized in project

- level analyses. Hot spot modeling is often required in project

- level conformity determinations. When po ssible, the interagency consultation process should be used to develop written guidance regarding modeling inputs and assumptions

, and these assumptions should be consistent with those employed in the maintenance demonstration in

this Plan. As always, con formity determinations will be subject to the applicable public review requirements. This provides the public an opportunity to comment on the approach that is taken for the conformity determination for each plan, program, and project.

General Conformity

For projects requiring general conformity determinations, it is also important to consider the impacts of off

- network motor vehicle emissions (e.g., idle emissions). Interagency

consultation shall be used to determine whether off

- network mobile source em issions are significant and what analysis of these emissions is appropriate for determining general conformity. An example of a project of this type is an airport expansion.

§§ Typically, background CO is estimated from backgro und or neighborhood

- scale monitors in the vicinity.Adopted February 22, 2013

III.C.12

- 1 SECTION III.B FAIRBANKS CARBON MONOXIDE CONTROL PROGRAM

III.C.12. Limited M aintenance Plan for 2014

- 2024

Note: This is a new section added to the CO Maintenance Plan. Section III.C.3, which addresses the emissions inventory, was modified to reflect the calculation of MOVES based

on

- road vehicle emissions. Section III. C .10, whi ch addresses CO conformity, was revised

and submitted at the same time as Section III.C.12 to reflect the simplified conformity process required for limited maintenance areas.

Background

When the EPA first approved the Fairbanks CO Maintenance Plan, effe ctive September 2 7

, 2004, it initiated a 20

- year maintenance planning period as defined in the CAA. The CAA requires the submission of a second maintenance plan eight years after the redesignation that covers the second ten years of the maintenance planni ng period. Thus, an updated “second

10

- year maintenance plan ” for Fairbanks is required for the period September 2 7 , 2014

, through September 2 7 , 2024.

The EPA provides areas with design values less than 7.65 ppm the option of preparing their

second 10

- y ear maintenance plan using the limited maintenance plan (LMP) procedure. The basic elements of the LMP procedure for CO are described in a guidance memorandum,

referred to as the Paisie memo. ***

The Paisie memo identifies five core provisions that should be included in the LMP: (1) an attainment inventory; (2) a maintenance demonstration, (3) monitoring to verify continued attainment of the CO NAAQS; (4) a conting ency plan; and (5) conformity determination requirements under an LMP. These are discussed in more detail below. Fairbanks has decided to use th e LMP option for this

second 1 0

- year maintenance plan update.

Discussion of Core LMP Provisions

1. Attainment Inventory

The Paisie memo states that “the State should develop an attainment emissions in ventory to identify the level of emission in the area which is sufficient to attain the NAAQS.” A comprehensive inventory was prepared for base year 2005 that showed that motor vehicle emissions were responsible for approximately 55% of all CO emissions i n the Fairbanks nonattainment area. The emission inventory was prepared for a “CO design day” when CO concentrations are the highest. In Fairbanks, the highest CO concentrations tend to occur on

mid

- winter weekdays when temperatures are well below zero. The assumptions and computations involved in producing this inventory are described in detail in Section III.C.3 and its appendix.

Results of 2005 emission inventory are re

- summarized in Table III.C.12

- 1.

*** Memorandum “Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas,” Joseph W. Paisie, EPA, Oct 6, 1995Adopted February 22, 2013

III.C.12

- 2 Table III.C.12

- 1

Sources of Fairbanks CO Emissi ons in 2005 Base Year (tons/day)

Source Category CO Emitted % of Total

Motor Vehicle

– running 1 2.47 15.0

Motor Vehicle

– starting 3 2.99 39.7

Motor Vehicle

– extended idle by combination trucks 0.02 0.0

Motor Vehicle

- Total 4 5.48 54.8

Point 3.0 9 3.7

Area 19.69 23.7

Non

- road 14.80 17.8

Subtotal

– Other Sources 37.58 45.2

Total 83.06 100.0

2. Maintenance Demonstration

According to the Paisie memo, the maintenance demonstration requirement is considered to be satisfied “if the monitoring data show that the area is meeting the air quality criteria for limited maintenance areas.” Areas with design values of 7.65 ppm (85% of the CO NAAQS) or less qualify for the LMP option. †††

Unlike previous CO attainment and maintenance plans prepared for Fairbanks, w hen an LMP is prepared there is no requirement to forecast CO emissions or concentrations to demonstrate compliance with the NAAQS. When EPA approves an LMP, it concludes that it is unreasonable to expect that emission growth during the maintenance period would result in a violation of the NAAQS.

Table III.C.12.2 shows that design value as defined in the Paisie memo (DV Paisie ) has consistently met the 7.65 ppm criteria since 2006. The DV Paisie in base year 2010 was

4.9 ppm. In 2011, the value was 4.0 ppm . The Post Office monitor has consistently measured the highest CO concentrations in the network and thus has been the controlling site in the determination of the design value.

III.C.12.2

††† It should be noted that the Pais i e memo definition of design value is di fferent than the design value defined

earlier in Section III. C .6. In Section III. C .6

, the design value is the upper

- bound 90 th percentile prediction

interval value for the winter 200 5/2006 computed from second 8

- hour maximum values measured at the Post

Of fice between 199 0 and 200 6 . The design val ue as defined in the Paisie memo is determined by examining

the second maximum 8

- hour concentration recorded each year at each monitoring site in the area over a two

year period. For each site, t he higher of the two values is the design value for that site for that two

- year period. To determine the design value for an area for that two

- year period, all monitors in the area are reviewed and the highest design value among the individual sites is the design value fo r the area as a whole. Because the

Pais i e definition of the design value is different than the design value referred to in Section III. C .6, it is

referred to as DV Pais i e in this section.Adopted February 22, 2013

III.C.12

- 3 Fairbanks CO Design Value Highest 2 nd Max 8

- hr Concentration 200 2

– 2011 (ppm)

Year State Office Building High School Post Office Armory Design

Value

2002 4.6 5.7 5.6 2.8 5.7

2003

- 5.2 5.2 3.5 5.2

2004

- 4.8 5.4 2.7 5.4

2005

- 4.3 4.5 2.4 4.5

2006

- 3.5 3.7 2.6 3.7

2007

- 3.1 3.2 2.1 3.2

2008

- 3.3 3.6

- 3.6

2009

- 2.8 2.9

- 2.9

2010

- - 4.9

- 4.9

2011

- - 4.0

- 4.0

The Paisie memo also notes that, as part of the maintenance demonstration, any control

measures in the SIP must be continued. Current CO control measures for Fairbanks are

described in Sectio n III.C.5. These primary control measures include (1) expanded availability of plug

- ins to promote use of engine block heaters to reduce CO cold start emissions; (2) a consumer

- based oxygen sensor replacement program; (3) an episodic woodstove burn ban; a nd (4) voluntary programs that promote public awareness on actions to reduce CO, and transit system improvements.

3. Monitoring Network/Verification of Continued Attainment

The Paisie memo states that the LMP should provide for continued operation of a CO monitoring network consistent with requirements outlined in 40 CFR 58. Fairbanks is committed to maintaining a CO monitoring network to verify continued attainment of the NAAQS. The specifics of this monitoring network are discussed in Section III.C.4

. Commitments to continue monitoring as described in that section remain in force with this

LMP.

4. Contingency Plan

The Paisie memo notes that Section 175A of the CAA requires that a maintenance plan include contingency provisions. Section III.C.7 of this Plan provides a menu of six possible contingency measures that could be implemented if Fairbanks failed to attain the CO NAAQS:

• Increased public awareness;

• Enhanced public transit;

• Expansion of the supply of plug

- ins;

• Altered signal timing;

• Roadway improvements; andAdopted February 22, 2013

III.C.12

- 4 • Reintroduction of the I/M Program.

In the event monitoring data indicate that a violation of the ambient CO standard has occurred, the Borough would examine the data to assess the spatial extent (i.e., hot spot versus region) and severit y of the episode as well as trends over time. Based on this information, Borough staff in consultation with ADEC would determine which of the above measures to implement.

The contingency provisions discussed in Section III.C.7 remain unchanged. This LMP does not alter the commitments or the timelines for implementing contingency measures

described in that section.

5. Conformity Determinations under LMPs

When the LMP is approved or found adequate by the EPA, a regional emissions analysis will no longer be required as part of the regional transportation conformity determination process that must accompany the adoption of all metropolitan transportation plans and improvement programs adopted by FMATS. The conformity requirements and procedures

that will be employed by FMATS after this LMP has been approved or found adequate by the EPA are discussed in Section III.C.10. This section was revised as part of the preparation of the LMP. Prior to revision, this section set forth a CO emission budget for

use i n the conformity determination process. As noted earlier, a regional emissions analysis is not required in limited maintenance areas, so a CO emissions budget is no longer needed. Section III.C.10, as revised, describes the simplified conformity process that will be utilized when this LMP is approved or found adequate for conformity purposes by the EPA.

Planning Process U sed to Develop the Fairbanks CO LMP ‡‡‡

The local planning process used to develop air quality plans in Fairbanks is described in

detail i n Section III.C.1. This same process was used to develop this LMP. The first draft of this LMP was prepared in October 2012 with input from the Interagency Consultation held on October 29, 2012. A public review draft was released for 30

- day public revie w by the FMATS Policy Committee on November 21, 2012. After consideration of comments from the public, on December 19, 2012, the FMATS Policy Committee recommended that the Fairbanks North Star Borough Assembly adopt the LMP if no significant comments

wer e received by the December 21, 2012 deadline. None were received. The Assembly adopted the LMP and associated amendments to Section III.C.10 on January 10, 2013.

ADEC held a public hearing on the LMP on February 12, 2013. After review and

consideration o f the comments received, the LMP was forwarded to the EPA.

‡‡‡ This section will be completed when the public review and approva l process is completed. The narrative in this paragraph will likely be revised.Adopted February 22, 2013

I II.C. Endnote

- 1 16

. Vehicle miles traveled data supplied by Paul Pruzak, Alaska Department of Transportation and Public Facilities, Northern Regional Office, November 2003.

# Alaska Department of Environmental Conservation

Amendments to:

State Air Qua l ity Control Plan

Vol. III: Appendices

Appendices to: Volume II, Section II. Air Quality Control Program; Volume II, Section III.B Anchorage Transportation Control Program ; and Volume II, Section III. C Fairbanks Transportation Control Program

.



## Adopted

February 22 , 2013Adopted February 22 , 2013

The State of Alaska’s State Air Quality Control Plan Volume III

, A ppendi x to Volume II of this

p lan

, is amended to include the following documents :

Volume II, Section II. Air Quality Control Program is amended by removing the following regulations :

• 18 AAC 5 0 Air Quality Control as amended through January 4 , 20 1 3 ;

and replacing them with the following regulations currently under public review :

• 18 AAC 5 0 Air Quality Control as amended through {effective date of the regulations}

.

Volume II, Section III.B Anchorage Transportation Control Program adopted into the State Air Quality Control Plan , adopted as of February 22, 2013, is amended as follows:

• Appendix III.B.1 is amended by adding the following document s :

· Anchorage Assembly Resolution N o. 2013

- 20

, dated January 29, 2013

, a resolution

of the Municipality of Anchorage adopting revisions to the Anchorage Carbon

Monoxide Maintenance Plan ( dated January 29, 2013 ).

• Appendix III.B.10 is amended by adding the following document:

· Alaska Department of Environmental Conservation’s Affidavit of Oral Hearing.

Volume II, Section III.C Fairbanks Transportation C ontrol Program adopted into the State Air Quality Control Plan adopted as of February 22, 2013, is amended as follows:

• Appendix III.C.1 is amended by adding the following documents:

· Fairbanks North Star Borough Assembly Resolution No. 2013

- 05 , dated January 10,

2013

, a resolution of the Fairbanks North Star Borough adopting revisions to the Fairbanks Carbon Monoxide Maintenance Plan (dated January 10, 2013 ).

• Appendix III.C.10 is amended by adding the following document:

· Alaska Department of Environmental Conservation’s Affidavit of Oral Hearing.Fairbanks North Star Bor ough, Alaska RESOLUTION NO. 2013

- 05 Page 1 of 2 By: Luke T. Hopkins

, Mayor 1
Introduced: 01/10/13 2 Adopted : 01/10/13 3

4

5



### FAIRBANKS NORTH STAR BOROUGH 6



### RESOLUTION NO. 2013

- 05 7

8
A RESOLUTION TO ADOPT THE FAIRBANKS NORTH STAR BOROUGH AIR 9 QUALITY CONTROL LIMITED MAINTENANCE PLAN 10

11

12 WHEREAS, he Fairbanks North Star Borough (FNSB) has not had a 13 violation of the National Ambient Air Quality Standard (NAAQS) for Carbon Monoxide 14 since November 19, 1999 and has therefore been in Attainment since November 20, 15 1999; and 16

17 WHEREAS, the second 10

- year plan is now required by Federal 18 requirements and it is possible to model continued attainment through 2025; and 19

20 WHEREAS, the FNSB qualifies for a Limited Maintenance Plan that 21 removes the need for an emission budget and therefore streamlines conformity ; and 22

23 WHEREAS, this A ir Quality Control Limited Maintenance Plan, once 24 approved by the Alaska Department of Environmental Conservation (DEC) and the 25 EPA, will allow conformity for current and future DOT projects ; and 26

27 WHEREAS, since February, 2000, the Borough has not forecasted a 28 Stage 1 Alert (CO concentrations of nine parts per million) more than three times per 29 year; and 30

31 WHEREAS, On December 18, 2012 the Fairbanks Metropolitan Area 32 Transportation System (FMATS) Policy Committee approved the Air Quality Control 33 pl an as drafted

. 34

35 NOW, THEREFORE, BE IT RESOLVED that the Assembly a pproves and 36 adopts the Fairbanks North Star Borough Air Quality Control Limited Maintenance Plan 37
for submission to the DEC and the EPA. 38

39

40

41Fairbanks North Star Bor ough, Alaska RESOLUTION NO. 2013

- 05 Page 2 of 2 P ASSED AND APPROVED THIS 10 th DAY OF JANUARY, 2013. 42

43

44 Ayes: Davies, Howard, Dukes, Roberts, Lawrence, Dodge, Kassel, Hutchison 45
Noes: None 46 Excused: Sattley 47